of Irwine the sum of sixty Pounds The Burgh of Jedburgh the sum of one hundred and two Pounds The Burgh of Kirkcudbright the sum of thirty six Pounds The Burgh of Wigton the sum of thirty six Pounds The Burgh of Dumfermling the sum of ninety Pounds The Burgh of Pittenweem the sum of thirty Pounds The Burgh of Selkirk the sum of seventy two Pounds The Burgh of Dumbarton the sum of thirty Pounds The Burgh of Renfrew the sum of thirty six Pounds The Burgh of Dumbar the sum of sixty Pounds The Burgh of Lanerk the sum of sixty Pounds The Burgh of Aberbrothock the sum of fifty four Pounds The Burgh of Elgin the sum of one hundred and thirty eight Pounds The Burgh of Peebles the sum of sixty six Pounds The Burgh of Crayl the sum of thirty six Pounds The Burgh of Tain the sum of thirty Pounds The Burgh of Culross the sum of twenty four Pounds The Burgh of Bamff the sum of fourty two Pounds The Burgh of Whythorn the sum of eight Pounds The Burgh of Forfar the sum of twenty four Pounds The Burgh of Rothsay the sum of thirty Pounds The Burgh of Nairn the sum of nine Pounds The Burgh of Forres the sum of twenty four Pounds The Burgh of Rutherglen the sum of twelve Pounds The Burgh of North-Berwick the sum of six Pounds The Burgh of Anstruther-Wester the sum of six Pounds The Burgh of Cullen the sum of eight Pounds The Burgh of Lauder the sum of thirty Pounds The Burgh of Kintore the sum of nine Pounds The Burgh of Annand the sum of twelve Pounds The Burgh of Lochmabban the sum of eighteen Pounds The Burgh of Sanquhar the sum of six Pounds The Burgh of New Galloway the sum of six Pounds The Burgh of Kilrenny the sum of eight Pounds The Burgh of Fortrose the sum of eighteen Pounds The Burgh of Dingwal the sum of eight Pounds The Burgh of Dornoch the sum of eighteen Pounds The Burgh of Queens-ferry the sum of fifty four pounds The Burgh of Inveraray the sum of twenty four Pounds The Burgh of Inverury the sum of twelve Pounds The Burgh of Week the sum of twenty pounds The Burgh of Kirkwal the sum of seventy two Pounds The Burgh of Inverbervy the sum of six Pounds The Burgh of Stranraer the sum of twelve Pounds Mr. John Buchan Agent for the Burrows to make up the Quota for the Burrows One thousand two hundred Pounds Scots Follows the Commissioners of Supply Ordered by the Parliament to be given in by the Noblemen and Commissioners from the several Shires in place of those dead or not Qualified since the Year 1690. For the Shire of Edinburgh THE Lord Ross Sir John Gibson Dalmenie Sir Robert Dickson of Sornebeg Sir George Hamilton of Barnton Carlops Rickarton-Craig James Murray of Poltoun Mr. James Dalrymple of Killoch Baillie Alexander Calderwood in Dalkeith Sir James Stewart His Majesties Advocat Sir William Baird of Newbyth Baillie John Nairn in Dalkeith For the Shire of Haddingtoun The Earl of Roxburgh Lord Alexander Hay Mr. Alexander Hume of Crichneâ— William Purvis younger of Ewfoord James Moor of Bourhouses John Hay of Athirstoun John Hay of East-hope James Rew of Chesters Mr. Hugh Dalrymple of North-Berwick Sir John Clerk of Pennycook James Hume of Gamilshiels David Maitland of Soutrac William Skirvine of Plewlandhill Thomas Hamilton of Olive-slob Hoptouns Chamberlain Patrick Cockburn of Clerkingtoun younger Wauchope of Stotincleugh James M cmorlan of the Earl of Haddingtouns Chamberlain For the Shire of Roxburgh The Earl of Roxburgh the Laird of Riddel younger the Laird of Mangertoun the Laird of Boon-jedburgh the Laird of Timpenden John Scot of Weems William Turnbull of Langraw Walter Cairncross of Hilslop James Lithgow of Drygrains younger Robert Davidson of Hownam Andrew Young of Oxnam-side Robert Davidson of Marchcleugh Mr. Archibald Douglas brother to Cavers Gideon Eliot of Northsymptoun William Scot of Burnhead For the shire of Selkirk The Earl of Roxburgh Francis Scot of Balzielie William Eliot of Borthwick-brae George Curror of Hartwood-burn William Ogilvy of Hartwood-myres the Laird of Gala younger the Eldest Baillie of Selkirk for the time Mr. John Murray Sheriff Deput of Selkirk For the shire of Peebles Adam Murray of Cardon Alexander Monteith of Chappel-hill Alexander Veitch younger of Glen William Burnet of Barns John Law of Netherurd For the shire of Lanerk The Earl of Wigtoun the Earl of Selkirk James Master of Carmichael the Laird of Lee Sir William Hamilton of Whitelaw one of the Senators of the Colledge of Justice Sir William Stewart of Castle-milk John Baillie of Welstoun John Somervel of Gladstones Allan Lockart younger of Cleghorn Gawin Hamilton of Raploch the Laird of Blackwood younger the Laird of Ferm younger the Laird of Shiel-hill William Somervel of Corehouse Mr. Archibald Hamilton of Dalserff the Laird of Munkland the Laird of Boigs John Hamilton of Udstoun James Anderson of Stobcorss the Laird of Cultness younger John Wardrop of Drummarnock the Laird of Mauldsly the Laird of Braidisholm For the Shire of Wigtoun James Earl of Galloway William Stewart younger of Castle-â—ewart Patrick M cdowal of Culgrot John Dalrymple Son to the Master of Stairs For the Shire of Air. The Earl of Lowdoun the Lord Kennedy the Lord Bargeny Mr. William Cochran of Kilmaronock the Laird of Langshaw younger the Laird of Dunlap the Laird of Ralstoun Sir Archibald Muir of Thorntown James Crawfurd of Newark Thomas Boyd of Pitcoun the Laird of Crawfurdland younger Mr. Alexander Crawfurd of Fergusnil John Crawfurd younger thereof James Cochran of Mayns-hill Neivin of Munkriding William Cunninghame of Ashinyards John Dalrymple Son to the Master of Stairs Sir Iohn Cochran of Ochiltrie Iohn Cochran of Waterside Faucher of Gilmils-croft William Baillie of Munktoun Iames Campbel of Iurebank the Lairds of Logan elder and younger Hugh Crawfurd of Drumdow Hugh Dowglass of Garallan Adam Aird of Catharin Iames M cAdam of Waterhead the Laird of Dunduff Kennedy younger of Drumellan Iames Riddoch of Midtown Baillie of Cumnock Mr. William Crawfurd of Dalragills David Boswal of Brae-head David Kennedy of Kirkmichael Mr. Iohn Schaw of Drumgrains Hugh Kennedy of Bennan For the Shire of Renfrew Porterfield of Duchil Iames Hamilton of Aikenhead Gawin Ralstoun of that Ilk Ludovick Houstoun of Iohnstoun younger Hall of Fulbarr Maxwells of Southbarr elder and younger For the Shire of Stirling The Lord Forrester the Lord Cardross the Laird of Bedlormie Iohn Ross of Nuick Archibald Buntin of Balglass George Buchannan of Ballachrum Thomas Buchannan of Roquhan Iohn Buchanan of Cralgyvairn Walter Buchannan of Balfunning Iohn M cLauchlan of Auchintroig Duncan Buchannan of Harperstoun Iohn Forrest of Pardiven David Forrester of Denovane Iohn Cuthil of Stonniewood Iames Rankin of Balhumilzear Thomas Crawfurd of Manuel-miln Iohn Campbel younger of Douan Robert Forrest of Bankhead Mr. Iohn Areskin present Governour of the Castle of Stirling Robert Hay of Candy Archbald Naper of Bankell For the Shire of
Declared that if any Tacks-man or Collector or other Person shal exact any thing over and above his Excise for the Discharges thereof or for the Discharge of any other publick Dues whatsoever it shal be repute as Oppression and punished accordingly by the said Commissioners who are hereby impowered to proceed against the persons guilty And His Majesty with Advice and Consent foresaid do Authorize and Impower the Lords of Privy Council to prescribe such other Methods and Orders as they shal judge necessary for making this Act effectual XXIX ACT For Continuing the Additional Excise till March 1697 with Three Months farder Cess Iuly 16. 1695. THE ESTATES OF PARLIAMENT Taking to their further Consideration the present State of the Kingdom and publick Exigencies thereof Have thought fit to Offer and do hereby Humbly Heartily Offer to His Majesty that the Additional Excise of Two Pennies upon the Pint of Ale and Bear and other Liquors Imposed for an Year beginning the first of September next by an Act of this Session of Parliament be Continued from and after the expiring of the said Year until the first of March 1697. And sicklike the Sum of Two Hundred and Sixteen Thousand Pound being Three Months Cess upon the Land-rent of this Kingdom payable at the Term of Lambmas 1696 years and that over and above the Six Months Cess already granted by another Act of this Session of Parliament And accordingly His Majesty with Advice and Consent of the said Estates Statutes and Ordains That the said Additional Excise hereby Continued as said is and the said Three Months Cess payable at Lambmas 1696 granted by this present Act shall be raised uplisted and ingathered from the persons lyable in payment in manner and for the ends appointed by the saids two respective Acts above-mentioned XXX ACT For Preservation of Meadows Lands and Pasturages lying adjacent to Sand-Hills Iuly 16. 1695. OUR SOVERAIGN LORD Considering that many Lands Meadows and Pasturages lying on the Sea-coasts have been ruined and overspread in many places of this Kingdom by Sand driven from adjacent Sand-hills the which has been mainly occasioned by the pulling up by the Root of Bent Juniper and Broom-Bushes which did loose and break the Surface and Scroof of the saids Hills and particularly Considering that the Barony of Cowbin and House and Yards thereof lying within the Sheriffdom of Elgin is quite ruined and overspread with Sand the which was occasioned by the foresaid bad practice of pulling the Bent and Juniper Therefore His Majesty with Advice and Consent of the Estates of Parliament for preventing of the like Prejudices in time coming Does strictly Prohibite and Discharge the pulling of Bent Broom or Juniper off Sand-hills for hereafter either by the Proprietors themselves or any other whatsomever the same being the natural Fences of the adjacent Countries to the saids Hills Certifying such as shall Contraveen this Act they shall not only be lyable to the Dammages that shall there-through inshew but shall likeways be lyable in the Sum of Ten Pounds of Penalty the one half thereof to belong to the Informer and the other half to the Judge within whose Jurisdiction the said Contravention shall be committed XXXI ACT For turning the Tack of the Pole 1693 into a Collection Iuly 16. 1695. OUR SOVERAIGN LORD Considering that albeit the Pole granted by Act of Parliament in the year 1693 was Set by the Lords of Thesaury and Exchequer to the Lord Ross Sir Iohn Cochran of Ochiltrie and others mentioned in the Tack thereof for the Sum of Fourty four thousand one hundred Pounds Sterling of Tack-Duty as the Tack in it self bears Yet the Levying of Money by Pole being new and the Countrey and others concerned not observing the Rules and Ordinances contained in the Act of Parliament thereanent but through their Failzying incurring the Quadruples appointed by the said Act by way of Penaltie the foresaids Tacks-men were not able to pay the foresaid Dutie unless they had been allowed to exact the foresaid Quadruples which had visibly tended to the great oppression and disturbance of the whole Kingdom THEREFORE and in so singular a Case which His Majesty is resolved shal never be drawn into Example His Majesty with the Advice and Consent of the Estates of Parliament hath Liberated and hereby Liberates the foresaid Tacks-men and all others concerned therein from the said Tack and Tack dutie Discharging and Exonoring them of the Samen but with this Condition and Provision Likeas His Majesty with Advice foresaid hereby Statutes and Provides That the foresaid Tacks-men shal make just Compt and Reckoning of all their Intromissions with the said Pole-money Sicklike as if they had only been Collectors and instead of the said Tack had got a Commission allanerly for that Effect with and under always the Particular Conditions following First that the said Tacksmen be Lyable for all the Sub-Collectors and Managers Imployed by them Secondly that all their Books be made Patent and Examined And that the Tacks-men and their Sub-Collectors be examined upon Oath as to the verity thereof and whether there be any thing Omitted Thirdly that in case it be found there was any thing Received from the Countrey not given up in the Books That the Tacks-men or their Sub-Collectors be lyable in Twenty Shilling for each Shilling so Omitted Fourthly that the Rolls of the Poleable persons taken up by the several Justices of Peace Magistrats of Burghs and others be produced to be compared with the Books Fifthly That a few Comptrollers be appointed to examine Books and Accompts and adjust the whole Matter and that the Leidges be Invited Encouraged to Comptroll the said Accompts and that they be patent at a publick Office for a reasonable time to all the Leidges for that end Sixthly that the Order of Payment viz. of the Countrey in the First place and then of the Forces as Prescribed by Act of Parliament be duely and strictly observed by the Commission after-mentioned Seventhly that upon Accompts Instructed and Liquidat in due manner Retention be allowed by the commission to those to whom the said Accompts are due in the Terms of the Act of Parliament Eightly that where any Sub-tack hath been Set by the said Tacks-men the Sub-tacksmen have in their Option either to pay the Sub-tack-duty or make Compt Reckoning and Payment of their Intromission as Sub-collectors Ninthly that no Sallaries be allowed or given to the said Tacks-men or their Sub-tacks-men for their Collecting And to the Ef-fect the said Compt and Reckoning may proceed His Majesty with Advice and Consent foresaid Hereby Nominats and Appoints the Duke of Queensberry the Earls of Linlithgow and Levin Sir Iohn Lauder of Hattoun the Laird of Livingstoun the Laird of Torwoodlie Sir William Hamilton Sir Archibald Mure and William Menzies Commissioners three of every State Chosen by the Parliament for that Effect whereof any five to be a quorum to meet at Edinburgh the first Lawful day after the Riseing
Linlithgow The Earl of Annandale the Lord Cardross Lord Iohn Hamilton Lieutenant Collonel Iohn Areskin Iohn Dalrymple Son to the Master of Stairs Iames Dowglass of Pompherstoun David Dundass of Philipstoun Patrick Dickson of Westbinnie Iames Hamilton of Badderston Iames Carmichael of Pottieshaw the Laird of Duntarvie the Laird of Barbachlay the Laird of Wrae the Laird of Duddingstoun younger Patrick Dundass of Breastmiln For the Shire of Kincardine John Arbuthnet of Fordown George Allardice of that Ilk Mr. James Keith of Auchorsk Sheriff-deput of Kincardine William Forbes younger of Moniemusk Alexander Ross of Tullisnaucht David Melvil of Pitgarvie William Strauchan of Strath For the Shire of Aberdeen Mr. Patrick Ogilvie of Cairnbulg William Frazer of Broadland the Laird of Innercald Mr. James Scougal Mr. Robert Forbes of Birsmore the eldest Baillie of Frazersburgh for the time being the Laird of Mouny John Forbes of Tulliegrig Alexander Leslie of Little-Wartle Mr. Alexander Frazer of Powis John Forbes of Innerdraen Alexander Keith of Kidshill William Hay of Earnhill For the Shire of Inverness James Grant of Gallowie Patrick Grant of Rothiemurchus Robert Grant of Garthinmore Patrick Grant of Raick James Grant of Tulloch William Grant of Dalliechappel For the Shire of Cromartie Hugh Rose of Kilravock John Urquhart of Craighouse Alexander Mackenzie of Bellon AEneas Mackleod of Catboll Mr. Roderick Mackenzie in Tarrel Kenneth Mackenzie of Culbo Adam Gordon of Dalfollic Roderick Mackenzie of Navitie For the Shire of Argile James Campbel younger of Ardkinglass Patrick Campbel of Duntroon Colin Campbel Chamberlain to the Earl of Argile Dougal Campbel younger of Kilberrick Neil Macneil Fiar of Teynish Robert Campbel Fiar of Carrick Archibald Campbel of Clunes Baillie of Yla Ronald Campbel of Laggan-Lochan George Campbel of Dall Archibald Campbel of Shindarlin Donald Campbel of Glencaradel John Campbel Baillie of Jura Archibald Campbel of Craigage Angus Campbel younger of Skipnedge For the Shire of Fife The Lord Yester the Master of Yester the Laird of Lundie Sir Alexander Bruce of Broomhall Mr. Alexander Anstruther of Newark the Laird of Durie Mr. John Prestoun of Drumraw Thomas Beaton of Tarvit the Laird of Murdocairnie Macgill younger of Rankeillor the Laird of Kirkness the Laird of Dowhill Mr. Robert Beaton of Craigfoodie younger the Laird of Bannochy younger the Laird of Dinboig Mr. David Scrimzeour of Kirkmore John Dempster younger of Pitliver Weems of Bogie younger the Laird of Bandone John Melvil of Carskirdo the Laird of Balcanquel younger Mr. John Mitchel of Balbairdie Lundie of Baldastard George Moncreiff of Sauchope John Hay of Naughtoun younger Walter Boswell of Balbertoun Alexander Swinton of Strathore James Maxwel of Achibank James Clelland of Piddennis For the Shire of Forfar The Laird of Loggie younger the Laird of Strickathro the Laird of Smiddiehill younger the Laird of Rossie younger Mr. James Lyel of Balhall For the Stewartry of Kirkcudbright James Earl of Galloway Lord Bazile Hamilton Patrick Horron of Kirrachtrie John Mackie of Palgown Alexander Mackie younger of Palgown Mackulloch of Bareholm William Muir Tutor of Cassincarrie William Gordon of Schirmoirs Robert Gordon of Garerie James Gordon of Largmoir Robert Gordon of Airds William Maxwel younger of Newlands Robert Macklellan of Barmagaleim Charles Macklellan of Collin Andrew Corsan of Balmagan Grier of Dalscerth For the Shire of Sutherland George Monro of Culrain AEneas Mackleod of Catboll David Ross of Innerchasly and David Sutherland younger of Kinnald For the Shire of Caithness Alexander Sinclair of Braibster Mr. John Campbel Commissar of Caithness James Murray of Clairdon Mr. William Caldell of Galshfield Daniel Budge of Tostingall William Sutherland of Geese John Sinclair of Forss Donald Williamson of Banaskirk Patrick Murray of Pennyland George Sinclair of Barroch David Sinclair of Freswick For the Shire of Elgin Ludovick Dumbar of Grainge Joseph Brody of Milntown the Laird of Innes younger Alexander Brody of Duncairn Robert Cumming of Relugus For the Shire of Ross. The Laird of Gairloch John Mackenzie of Cowle younger Colin Mackenzie Uncle to the Laird of Gairloch Mr. Simon Mackenzie of Allans George Monro of Lamelair younger Colin Robertson of Kindeis Lauchlan Mackenzie of Assin younger David Monro Tutor of Fyress Robert Monro of Auchnagart Hector Monro of Daan younger AEneas Macleod of Catboll William Ross of Easterfearn Mr. Charles Mackenzie of Loggy Mr. Alexander Mackenzie of Dachmaluick younger Mr. Alexander Ross of Pitkearie Abraham Lesly of Findrossie Mr. George Mackenzie of Bellamuckie Roderick Macleod of Cambuscutrie Ronnald Bayn of Knockbayn John Bayn younger of Tulloch Mr. Colin Mackenzie of Muir Alexander Forrester of Cullinald younger VIII ACT For a Company Tradeing to Affrica and the Indies June 26. 1695. OUR SOVERAIGN LORD Taking into His Consideration That by an Act past in this present Parliament Intituled Act for encouraging of Forraign Trade His Majesty for the Improvement thereof Did with Advice and Consent of the Estates of Parliament Statute and Declare That Merchants more or fewer may Contract and enter into such societies and Companies for carrying on of Trade as to any subject of Goods or Merchandise to whatsomever Kingdoms Countries or parts of the World not being in War with His Majesty where Trade is in use to be or may be followed and particularly beside the Kingdoms and Countreys of Europe to the East and West Indies the Streights and to Trade in the Mediterranian or upon the Coast of Affrica or in the Northern parts or elsewhere as above Which Societies and Companies being Contracted and entered into upon the terms and in the usual manner as such Companies are Set up and in use in other parts consistant always with the Laws of this Kingdom His Majesty with Consent foresaid did Allow and Approve giving and granting to them and each of them all Powers Rights and Priviledges as to their persons Rules and Orders That by the Laws are given to Companies allowed to be Erected for Manufactories And His Majesty for their greater encouragement did promise to give to these Companies and each of them his Letters patent under the great Seal Confirming to them the whole foresaid Powers and Priviledges with what other encouragement His Majesty should judge needful as the foresaid Act of Parliament at more length bears And His Majesty understanding that several persons as well Forraigners as Natives of this Kingdom are willing to Engage themselves with great Sums of Money in an American Affrican and Indian Trade to be exercised in and from this Kingdom if inabled and incouraged thereunto by the Concessions powers and priviledges needful and usual in such Cases Therefore and in pursuance of the foresaid Act of Parliament His Majesty with Advice and Consent of the saids Estates of Parliament Doth hereby make and constitute Iohn Lord Belhaven Adam Cockburn of Ormistoun Lord Justice Clerk Mr. Francis Montgomery of Giffen Sir Iohn Maxwell of Pollock Sir Robert Chiesly present Provest 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 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
Forraign Trade conform to an Act made in their Favours in this present Session of Parliament Intituled Act for a Company Tradeing to Affrica and the Indies doeth hereby Statute and Declare that it shall be Leisum to the Magistrats and others the Administrators of the Common Good of Burghs As also to the Deacon Masters and other Administrators whatsoever of any Incorporation or Body or Company Incorporat or Collegiat within this Kingdom to Adventure and put in Money belonging to their respective Administrations for a Share and Part to be Purchased to the saids Burghs and Incorporations in the said Company mentioned in the said Act bearing the name of the Company of Scotland Tradeing to Affrica and the Indies in the Manner and in the Terms provided within the said Act and that their putting in the Money of the said Burghs Incorporations under their Care and Charge and Adventuring the same in the said Company shall be repute and held for a Deed of lawful Administration and though the Success and Event thereof should happen not to be Prosperous yet it shall never be construed to be a Deed of Lesion against the said Administrators but their Acting in this Behalf is hereby Declared to be Lawful and Warrantable for the Security of the foresaid Persons in all Events XLIII ACT Anent the Poor Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament doeth hereby Ratifie Approve and Revive all Acts of Parliament and Acts and Proclamations of Council for Maintaining of the Poor and Repressing of Beggers and Ordains them to be put to Vigorous Execution in all Points And further Impowers the Lords of His Majesties Privy Council to take the most effectual Course to make the said Acts and Proclamation effectual conform to the true Design thereof XLIV ACT Salvo Jure Cujuslibet Iuly 17. 1695. OUR SOVERAIGN LORD Considering That there are several Acts 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 and Prejudged Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and others past in manner foresaid shall not Prejudge say Third Party of their Lawful Rights nor of their Actions and Defences competent thereupon before the making of the said particular Acts And the Lords of Session and all other Judges within this Kingdom shall be Obliged to Judge betwixt Parties according to their several Rights standing in their Persons before the Making of the said Acts all which are hereby Expounded and Declared to have been Made Salvo Iure Cujuslibet XLV ACT Of Adjournment Iuly 17. 1695. THE KINGS MAJESTY Declares this Parliament currant and Adjourns the same to the Seventh Day of November next to come Ordaining all Members of Parliament Noblemen Commissioners from Shires and Burghs and all others having Interest to Attend at Edinburgh that Day at Ten a Clock and that there be no new Elections in Shires or Burghs except upon the Death of any of the present Commissioners Collected and Extracted from the Registers and Records of Parliament by TARBAT Cls. Registri A TABLE Of the Printed Acts. Page 1 ACT for a Solemn Fast. 1 2 Act Regulating Citations before the Parliament 3 3 Act Adjourning the Summer-Session till the first of Iuly 1695. 4 4 Act anent the Justice-Court 5 5 Act anent Principals and Cautioners 6 6 Act Regulating the Sale and Payment of Bankrupts Estates 7 7 Act for Six Months Supply upon the Land-Rent 8 8 Act for a Company Tradeing to Affrica and the Indies 17 9 Act Adjourning the Session till the first day of November 1695. 23 10 Act for Pole-money Ibid. 11 Act against Blasphemy 27 12 Act against Irregular Baptisms and Marriages 28 13 Act against Prophaneness 29 14 Act for Restraining the Prophanation of the Lords Days by keeping Weekly Mercats on Munday and Saturnday 30 15 Act for Encouragment of Preachers at Vacant Churches be-north Forth 31 16 Act anent the Ease of Annualrents Due by Persons Restored and anent the Creditors Diligence to be Used against them 32 17 Act anent the Mint 34 18 Act anent the Quorum of the Commission of the Teinds 35 19 Act anent the Duty on Scots Muslin 36 20 Act anent the Post-Office Ibid. 21 Explanatory Act anent the Excise of Brandy 39 22 Act against Intruding into Churches without a Legal Call and Admission thereto 40 23 Act anent Lands lying Run-rig 41 24 Act for Obviating the Frauds of appearand Heirs 42 25 Act anent the Repetition of Fines 44 26 Act Discharging Popish Persons to prejudge their Protestant Heirs in Succession 45 27 Act concerning the Church 46 28 Act for the Additional and Annexed Excises 48 29 Act for Continuing the Additional Excise till March 1667 with Three Months farder Cess 51 30 Act for Preservation of Meadows Lands and Pasturages lying adjacent to Sand-Hills 52 31 Act for turning the Tack of the Pole 1693 into a Collection Ibid. 32 Act for Encouraging the Exportation of Victual 55 33 Act for the Levies 56 34 Act for Additional Imposition upon Forraign Commodities Imported 58 35 Act anent burying in Scots-Linen 60 36 Act anent the Skinners 61 37 Act anent the Justiciary of the Highlands 62 38 Act concerning the dividing of Commonties 63 39 Act Discharging the Venting of Rumm 64 40 Act anent Letters Passing the Signet Ibid. 41 Act anent Executry and Movables 65 42 Act allowing the Administrators of the Common Good of Burrows to Adventure their Stock or any part thereof in the Company of Forraign Trade 66 43 Act for Reviving the Acts of Council made anent the Poor Ibid. 44 Act Salvo Iure Cujuslibet 67 45 Act of Adjournment Ibid. A TABLE Of the Acts and Ratifications past in the Fifth Session of His Majesties first Parliament which are not here Printed HIs Majesties Commission to Iohn Marquis of Tweeddule produced The Earl of Annandale named President to the Parliament Protestations several Noblemen for their Precedencies in the Rolls of Parliament Several Excuses offered for several absent Members and received His Majesties Letter appointing the Lord Yester to sit and Vote in Parliament in place of the Lord High Thesaurer His Majesties Letter to the Parliament Address of Condoleance for the Death of the Queen Act anent the Election of the Burgh of Anstruther-Easter An Address by the Parliament to His Majesties High Commissioner for transmitting their humble Thanks to His Majesty for ordering an Enquiry in the matter of Glenco Act anent the Lords of Session who are upon Committees Act in Favours of Evan M cgrigor Decreet Sir William Scot of Hardin against George M ckenzie of Rosebaugh Warrand the Shire of Clackmannan for a new Election Warrand for pursuing the Earl of Broadalbane Act for a General Contribution for relief of some Captives Recommendation in Favours of Mrs. Martin Decreet Sir Iames Ramsey and his Lady against the
Earl and Countess of Seaforth Act in Favours of Sir Thomas Livingston Decreet against Mr. Thomas Craven Mr. Andrew Burnet and Mr. Alexander Thomson Decreet the Earls of Roxburgh Haddington Galloway and others against the Earl of Lothian Decreet in favours of Mr. Thomas Skeen Protestation the Earl of Lothian against the Earl of Roxburgh and others Act in favours of the Kings Colledge of Old Aberdeen Decreet the Co-heirs of Carnock against Nicolson of Tilly-Cultry Act in favours of the Children of the first marriage of the Earl of Melfort Decreet of Forefaulture against the Earls of Midletonâ— Melfort and Sir Adam Blair Act in favours of Collonel Hill Reference the City of Edinburgh and Earl of Melvill Recommendation in favours of Sir David Carnegy of Pittarow Recommendation in favours of the Laird of Lundy Act in favours of Gilbert Meuzies of Pitfoddels Act in favours of Mr. Thomas Craven Mr. Andrew Burnet and Mr. Alexander Thomson Act and remit the Town of Edinburgh and AEneas M cleod Act in favours of Iames Lyel Act in favours of Sir Alexander Hope of Kerse and others Remit Process of Forefaulture against the Rebels in France depending before the Parliament to the Justice Court Order for apprehending Lieutenant Collonel Hamilton Order anent Mr. Alexander Barclay Act anent Mr. Bernard M ckenzie Order anent Mr. Gilbert Ramsey Act in favours of the Burgh of Cullen Order for re printing of the Act for the Supply Address to His Majesty anent the Slaughter of the Glencoe-men Protection in favours of the Glencoe-men Recommendation in favours of the Laird of Grant Act for a Manufactory of White-paper Order anent the Clerks and Collectors of Supply Act and remit the Laird of Rothemay and Abernethy of Mayens Act in favours of the Linen-manufactory Act in favours of the Lord Frazer Decreet Sir Iohn Dempster of Pitliver against the Earl and Countess of Seaforth Remit in favours of the Lady Dowager of Beilhaven Remit Clara and Patricia Ruthvens and Sir Alexander Hope of Kers Recommendation in favours of Alexander Duff of Braco Recommendation in favours of the Synod of Argile Recommendation in favours of the late Bishop of Argile Order and Warrand anent Iohn Dick and the Town of Stirling Recommendation in favours of Heriots Hospital Act in favours of the Laird of Hoptoun Act and Commission for reviseing the Laws Act in favours of His Majesties Advocat Act in favours of the Town of Air. Act in favours of the City of Aberdeen Act in favours of the Town of Irwin Act in favours of the Laird of Colloden Act in favours of the Earl Marischals Colledge of Aberdeen Recommendation in favours of Sir Thomas Stewart of Kirkfield Recommendation in favours of Sir Colin Campbel of Abberuchil Recommendation in favours of Duncan Forbes of Culloden Recommendation in favours of the Children of the first and second Marriage of Sir Andrew Dick. Recommendation in favours of Elizabeth Duncan and her Son Recommendation in favours of Mrs. Gillespy Recommendation in favours of Captain Walter Lockhart of Kirktoun Remit Mr. Iames Daâ—s and Iames Hay of Carribber to the Session Act and recommendation in favours of Iames Bain Remit in favours of Iames Crawfurd of Montquhanny Sir Thomas Kennedy and others Recommendation in favours of the Laird of Kilmaronock Remit in favours of the Laird of Glenkindy and Sir Adam Blair Remit Mr. Alexander Heggins and Iohn Callender Act in favours of George Baylie of Ierviswood Recommendation in favours of William Boig Recommendation in favours of the Laird of Culbin Order the City of Edinburgh and the Laird of Comistoun Act in favours of the Laird of Langtoun Act in favours of William Beatty Recommendation in favours of the Burgh of Fortross Recommendation in favours of Iohn Spotswood Decreet in favours of Mrs. Lilias Stewart Act in favours of Iames Curry late Provost of Edinburgh Act in favours of Comb-makers Act in favours of Alexander Fearn Act in favours of William Scot and Iohn Heislop Act anent the Earl of Broadalbane Recommendation in favours of the Macers and Keepers of the Parliament House Act in favours of Robert Douglass Act in favours of Iohn Adeir and Captain Slezer Act in favours of Whitefield Heyter and others Act in favours of the Heirs of Taylzie of Mauldsly Act for erecting a publick Bank Act in favours of the Burgh of Dysart Act in favours of the Burgh of Culross Acts for several Fairs and Weekly Mercats Act and Ratification in favours of Sir Iohn Hall of Dunglass Ratification in favours of the Chyrurgions and Chryurgion-Apothecaries of Edinburgh Protestation the Town of Edinburgh against the same Ratification in favours of the Nine Trades of Dundee Protestation the Walkers and Litsters of Dundee against the same Ratification in favours of the Burgh of Breichen Ratification in favours of the Candlemakers of Edinburgh Ratification in favours of the Walkers and Litsters of Dundee Protestation the Town and Trades of Dundee against the same Ratification in favours of Alexander Spittel of Leuchit Ratification in favours of the Piriwig-makers of Edinburgh Ratification in favours of Iames Lindsay of Dovehill Ratification in favours of the Cowpers of Glasgow Protestation the Town of Glasgow against the same Ratification in favours of William Raiâ—ly of Brunsfield Ratification in favours of the Laird of Rowallan Ratification in favours of Sir William Stewart of Castle-milk Ratification in favours of the Viscount of Tarbat Protestation the City of Edinburgh against the same Ratification in favours of Sir Iames Falconâ—r of Phâ—sdo Ratification in favours of William Cunningham Brother to Gilbertfield of the Lands of Kilbryde Ratification in favours of James Turner FINIS These are Allowing the Two Acts past in Parliament on the Twenty second Day of Iuly One thousand six hundred and ninety Years in Favours of Sir Patrick Home of Polwarth now Lord Polwarth to be Printed TARBAT Cls. Registri ACT Rescinding the Forefaulture of Sir Patrick Home of Polwarth Edinburgh Iuly 22. 1690. OUR SOVERAIGN LORD and LADY the KING and QUEENS Majesties and the ESTATES of PARLIAMENT Considering That the Meeting of the ESTATES of this Kingdom In the Claim of Right Dated the Eleventh of April One thousand six hundred eighty and nine years Have declared that the causing Pursue and Forefault Persons upon weak or frivolous Pretences or upon lame and defective Probation is contrary to Law And also that all Forefaultures are to be considered and the Parties laesed to be redressed And having considered the Process of Forefaulture led and deduced before the Three Estates of Parliament upon the twenty second of May One thousand six hundred eighty and five years against Sir Patrick Home of Polwarth in absence with the Decreet and Doom of Forefaulture following thereupon and that the Pretences insisted upon in the said Proces of Forefaulture against the said Sir Patrick Home Viz. His meeting with the deceast Mr. Robert Martine and other Persons at the Places therein Lybelled and discoursing with them of the extream Hazard that threatned
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 EDINBVRGH May 9. 1695. By JOHN Marquess of Tweeddale Earl of Gifford Viscount of Walden Lord Hay of Yester and Lord High Chancellor of this Kingdom His Majesties High Commissioner for Holding the same 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 Lord M cLeod and Castlehaven c. Clerk to His Majesties Councils Exchequer Registers and Rolls c. EDINBVRGH Printed by the Heirs and Successors of Andrew Anderson Printer to His most Excellent Majesty Anno DOMINI 1695. CVM PRIVILEGIO 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 at EDINBVRGH the 9 Day of May 1695. I. ACT For a Solemn Fast. May 16. 1695. THE ESTATES OF PARLIAMENT taking to their Consideration the great Important War wherein His MAJESTY continueth to be necessarly Engaged for Defence of the True Reformed Religion the Safety of this and His other Kingdoms and the Recovery and Establishment of the Rights Liberties and Peace of the rest of Christendom so much at this time Invaded and Disturbed with the continual Hazards to which His Majesties Sacred Person is thereby exposed As likewise the Dangers which do thence threaten this Kingdom and all that can be dear to his Majesties good Subjects therein either as Christians or Men both by Invasion from abroad and the froward Disaffection and restless Machinations of evil and unnatural Countrey-men at home And how much it is the Duty and Interest of all good Men for these Causes and on this Occasion to implore the Mercy Favour and Blessing of Almighty GOD for Preservation of His Majesties Royal Person and Directing Assisting and Prospering Him in all His Counsels and Undertakings And more especially that GOD would countenance and assist Him in the present War give Him Success to His Arms by Sea and Land and defeat all the Designs Counsels and Practices of His secret and open Enemies both at home and abroad for the Preservation of the True Protestant Religion securing the Safety of these Kingdoms and the happy restoring the Peace of Europe And the Synod of Lothian and Tweeddale now met at Edinburgh having made Application to my Lord Commissioner for this end Therefore His Majesty with Advice and Consent of the said Estates of Parliament doth hereby Command and Appoint that the second Thursday of Iune next being the thirteenth day of the said Moneth be set apart as a day of Solemn Fasting and Humiliation for making Prayers and Supplications to GOD for the Ends above-mentioned and that the said day be Religiously and Strictly Observed by all Persons within this Kingdom And Ordains all Ministers to read these presents publickly in their Congregations a Sunday at least before the said second Thursday of Iune next appointed for keeping the said Fast Certifying such of the Leidges who shal not give due Obedience or shal Contemn or Neglect the Keeping and Observing the said Day and Duties that they shal be proceeded against by Fyning not exceeding One hundred Pounds Scots Money And Warrands and Commands the Sheriffs Stewarts of Stewartries Lords and Baillies of Regalities and their Deputs Justices of Peace Magistrats of Burghs within their several Jurisdictions to proceed against the Persons guilty and exact the Fines accordingly to be applyed the one half to the Judge and the other half to the Poor of the Paroch And certifying such Ministers as shal fail in their Duty in not Reading this Proclamation and observing the Duties therein prescribed they shal be processed before the Lords of His Majesties Privy Council And hereby requires all Sheriffs Stewarts Lords and Baillies of Regalities and their Deputs Justices of Peace Magistrats of Burghs and their Clerks to make Report to the Lords of His Majesties Privy Council of these Ministers who shal fail of their Duty herein And Ordains these Presents to be Printed and Published at the Mercat Cross of Edinburgh and hail remanent Mercat Orosses of the Head Burghs of the several Shires and Stewartries within this Kingdom that none may pretend Ignorance And that Copies be dispatched in the usual manner to the Sheriffs and Stewarts Baillies of Regalities or their Deputs and Magistrats of Burghs as likewise to all Ministers that they may seriously exhort all Persons to a sincere and devout Observance of the Premisses II. ACT Regulating Citations before the Parliament May 28 1695. HIS MAJESTY with the Advice and Consent of the Estates of Parliament finding it necessary that the order of summonding privat Parties to appear before them be cleared and regulat Do therefore STATUTE and ORDAIN that the manner of summonding privat Parties in Actions raised either before or during the sitting of the Parliament shal be for hereafter and from the Day and Date hereof in this manner viz. That in prosecution of Protests for remeid of Law the Party at whose instance Summonds is to be granted may give in his Bill containing the matter of his Cause or Complaint Signed by himself or an Advocat for him which being subscribed by one of the six Clerks of Parliament and presented before the sitting of the Parliament to any of the Officers of State or the time of the sitting of the Parliament to the Lord Chancellor or President of the Parliament for the time or any of the said Officers of State the same may be by them past in Course and that as to all other Causes that may be brought before the Parliament Summonds and Warrands for Citation shal for hereafter only be granted by deliverance either of Parliament in time of Parliament or of the Lords of Session upon a summar Citation to abide neither Continuation or Roll in praesentia in the Recesses and Intervalls of Parliament upon a Bill containing Subscribed and Presented as above and no otherwise which Warrands for Citation being granted Summonds in his Majesties Name shal be thereon directed to Macers if the Party cited be within the Town of Edinburgh for summonding the said Party if within the said Town of Edinburgh on fourty eight hours and if elsewhere within the Kingdom excepting Orkney and Zetland upon fifteen days warning or if in Orkney or Zetland upon fourty days personally or at his dwelling House or if without the Kingdom upon sixty days warning at the Mercat Cross of Edinburgh and Peer and Shoar of Leith to compear before His Majesty and the said Estates of Parliament where and when the Parliament shal be appointed to meet or shal be met for the time with
of one thousand pounds of valued Rent and above the same and all Knight Baronets and Knights be subject and lyable to twenty four pounds of Pole-money and that they pay for each of their Male-Children in familia three pounds That all Lords pay fourty pounds of Pole-money That all Viscounts pay fifty pounds of Pole-money That all Earls pay sixty pounds of Pole-money That all Marquesses pay eighty pounds of Pole That all Dukes pay an hundred pounds of Pole That the Sons of Noblemen pay according to their Ranks viz. All Dukes eldest Sons as Marquesses and their youngest Sons as Earls All Marquesses eldest Sons as Earls and their youngest Sons as Viscounts All Earls eldest Sons as Viscounts and their younger Sons shal be lyable in twenty four pounds of Pole All Viscounts and Lords Sons shal be lyable in twenty four pounds of Pole That all Widows whose Husbands would have been lyable to one pound ten shilling of Pole or above are to be subject and lyable to a Third-part of their Husbands Pole except Heiresses who shal be subject to the same Pole their Predecessors would have been That all Nottars and Procurators before Interior Courts and Messengers at Arms are to be subject and lyable to four pounds of Pole-money That all Writers not to the Signet Agents and Clerks of Inferior Civil Courts and Macers and Under-clerks of Session shal pay six pounds of Pole-money That all Advocats Clerks of Soveraign Courts Writers to the Signet Sheriffs and their Deputs Commissars and their Deputs Doctors of Medicine Appothecaries Chyrurgeons and others repute Doctors of Medicine pay twelve pounds of Pole That all Commissionat Officers of the Army upon Scots pay shal be lyable in two days Pay for their Pole That all persons who are to pay the said respective Poles tho they be Poled in different Capacities are only to pay at the highest rate above-mentioned and that always over and above the general Pole And for the better Stating Ordering and Uplifting of the said Pole His Majesty with Advice foresaid a Statutes and Ordains that the Commissioners of Assessment or their Quorum shall meet and conveen at the ordinar place of their Meeting upon the second Tuesday of August One thousand six hundred ninety five years or shall appoint such other Heretors as they shall think fit and there shall divide the whole Commissioners whether present or absent or shall appoint such other Heretors as they shall think fit into such Divisions as they shall think meet appointing Paroches one or more for Commissioners one or more as they shall see convenient to meet the last Tuesday of the said Moneth of August at the respective places to be appointed impowering the saids Commissioners to take up Rolls and Lists of all the Poleable persons within the respective Bounds appointed to them containing the Names Qualities and Degrees of the several persons and of the value of the Estates belonging to them conform to the said Act. And ordains the Magistrats of Burrows Royal to meet the Third Tuesday of the said Month of August and to take up Rolls and Lists of all the Poleable persons within the respective Burghs containing their Names Qualities and Degrees and the value of their Estates And which Commissioners and Magistrats of Burghs are to give Intimation at the Kirk-door upon a Sunday upon three days warning at least to the persons to be Poled to compear before them at the Paroch-Church and give up their Names Qualities Degrees and Values of their Estates to the effect the respective Poles may be stated and set down by the said Commissioner or Commissioners of Assessment or Magistrats of Burghs respective and which Rolls the saids persons are to give up or send under their hand if they can write otherwise if they cannot write their Name Quality Degree and Estate shal be marked by the Clerk as they give it up excepting Tennents whose Names and the Pole-money payable by them shall be given and sent by their Masters under their Hand with Certification that such as do not Compear or send under their Hands their Names Qualities and value of their Estates or do give up their Quality Degree or Value of their Estates otherways than it should be they shall be lyable in the Quadruple of their Pole the equal half whereof shall belong to the Informer who shall make the same appear And which Lists and Rolls being so made up within the respective Sub-divisions shall be Recorded and Booked in a Register of the Shire or Burgh for that purpose whereof there shall be an Abstract sent to the Lords of the Thesaurie betwixt and the first of October one thousand six hundred ninety five years containing the number of the persons in the several Classes and Ranks above specified with the Extent of their Pole And his Majesty with Advice and Consent of the saids Estates of Parliament Ordains the foresaid Pole-money to be payed at the Term of Martinmass one thousand six hundred ninety five years or within thirty days thereafter at the respective Paroch kirks where the persons concerned dwell for which Discharges are to be given to the Payers gratis And requires the Commissioners of Assessment and Magistrats of Burghs or the Farmers in case the same shall be set in Farm to cause Intimation to be made for the payment thereof at the Kirk-Doors of the several Paroch-Kirks upon the first Sunday of October one thousand six hundred ninety five Certifying such as shall not make punctual payment at the said Term of Martinmass one thousand six hundred ninety five or within the said thirty days thereafter shall be lyable in the double if paying within other thirty days thereafter or if failzieing after both the saids thirty days in the quadruple of their Pole and ordains Execution to be used against them for the same by Poynding of their readiest Goods or Imprisoning their Persons the foresaid Poynding and Imprisonment alwayes proceeding upon the Sentence of one of the Commissioners for the Assessment or any other inferior Judge where the person lives Likeas His Majesty with Advice and Consent foresaid hereby impowers the Lords of Privy Council to order and appoint such furder methods and courses as they shall judge fit for stateing and inbringing of the Pole-money aforesaid and to allow out of the said Pole-money such Charges and Expenses as shall be necessary for Execution of this Act. And His Majesty and Estates aforesaid do hereby strictly appropriat destinat and appoint the Sums to be raised by this Act for the ends and uses above-specified conform to His Majesties Letter whereof Three hundred thousand Pound to be bestowed in the first place for providing and maintaining of the Ships of War for one year and which Money the Lords of Thesaury are hereby ordained to furnish and answer to the Commissioners of Admirality when called for to the effect above-specified and also the Lords of Privy Council are hereby fully impowered to decide and determine all Questions
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 Whâ—â—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 Remeiâ—ing whereof Our Soveraign Lord with Advice and Consent of the Estates of Parliament Statutes and Ordains That Seven Commissioners whereof one
of every State shal be an sufficient Quorum who being present at the down-sitting and constituting of the Meeting the withdrawing of one or more of any of the three States after constituting of the Meeting shal not breach the Quorum seven of the Commissioners of the other State or States being still present without prejudice to the Officers of State to be still Members of the said Commission tho the presence of one or more of them be not necessary to constitute the foresaid Quorum And His Majesty with consent foresaid does hereby Ratify and Approve the Twenty fourth Act of the Fourth Session and Thirtieth Act of the Second Session of this current Parliament in the hail Heads Articles and Clauses thereof excepting in so far as the samen is innovat be this present Act And the saids Commissioners are hereby appointed to meet every Wednesday in the afternoon during the sitting of the Session XIX ACT anent the Duty on Scots Muslin Iuly 5. 1695. OUR SOVERAIGN LORD with Advice and consent of the Estates of Parliament Statute and Ordain That in all time coming all Muslin plain or stript or Camrick and all sorts of Linen under whatsomever Name or Designation Manufactored within the Kingdom shal at the exporting thereof pay Custom only as Scots Linen conform to the Book of Rates XX. ACT Anent the Post-Office Iuly 5. 1695. OUR SOVERAIGN LORD considering that for the Maintainance of Mutual Correspondence and preventing of many Inconveniences that happen by privat Posts several publick Post-Offices have been heretofore erected for Carrying and Receiving of Letters by Posts to and from most parts and places of this Kingdom and that the well ordering thereof is a Matter of general Concern and of great Advantage as well for the Conveniences of Trade and Commerce as otherways and to the end that speedy and safe Dispatches may be had and that the best Means for that end will be the Settling and Establishing a General Post-Office Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes Ordains and Appoints an General Post-Office to be be keeped within the City of Edinburgh from whence all Letters and Pacquets whatsoever may be with Speed and Expedition sent into any part of the Kingdom or any other of His Majesties Dominions or into any Kingdom or Countrey beyond Seas by the Pacquet that goes Sealed for London at which said Office all Returns and Answers may be likeways received as also that a Master of the said General-Letter-Office shall be from time to time appointed by His Majesty His Heirs and Sucessors by Letters Patents under the Privy Seal of this Kingdom by the Name and Title of His Majesties Post-Master-General or otherways that the said Office may be set in Tack by the Lords of His Majesties Thesaury and Exchequer as His Majesty and His saids Successors shall think most expedient And that the said Master of the said Office or Tacks-man for the time respectively and his Deput or Deputs authorized by him for that effect and his and their Servants and no other person or persons whatsoever shall from time to time have the Receiving Taking up or Ordering Dispatching Sending Posts with Speed and Delivering of all Letters and Pacquets whatsoever which shall from time to time be sent to and from all and every the parts and places of this Kingdom to and from His Majesties Dominions or places beyond Seas where he shall Settle or cause to be Settled Posts or running Messengers for that purpose Excepting such Letters as are sent by any person or persons to and from any place within this Kingdom by their own Servants or by Express sent on purpose about their own Affairs and Letters directed along with and relating to Goods sent or to be returned by common Carriers allenarly And where Post-Offices are not erected and Posts settled His Majesty with Consent foresaid allows the Custom of sending by Carriers or others as formerly ay and while such Offices be established and no longer And farder His Majesty with Advice and Consent foresaid Statutes and Enacts that the said Post-Master-General or Tacks-man and their respective Deputs and Substitutes and no other person or persons whatsoever shall provide and have in readiness sufficient Horses and Furniture for ryding Post to all persons ryding to and from all the parts and places of Scotland where any Post Roads are or shal be settled and established But prejudice to the use of hyring of Horses which are not to ride Post as formerly And sicklike His Majesty with Advice and Consent foresaid Statutes Enacts and Ordains that it shall be lawful for the said Post-master General or Tacks-man and their saids Deputs to ask exact and receive for the Portage and Convoyance of all such Letters which he or they shall so Convoy Carry or send Post as aforesaid and for providing and furnishing Horses for ryding Post as aforesaid according to the several Raâ—es and Sums after-mentioned which they are not to exceed viz. all single Letters to Berwick or any part within fifty Miles of Edinburgh two shilling double four shilling and so proportionally all single Letters to any place above fifty Miles and not exceeding a hundred Miles to pay three shilling double six shilling and so proportionally all single Letters to any place in Scotland above a hundred Miles to pay four shilling double eight shilling and so proportionally Declaring nevertheless that all single Letters with Bills of Loadning or Exchange Envoys or other Merchant Accompts inclosed and sent to any place within the Kingdom shall be onely considered as single Leters all Pacquets of Papers to pay each one as triple Letters And it shall be lawful for the said Post-Master-General Tacks-man and their Deputs to ask exact take and receive from every person to whom he or they shall furnish Horses Furniture and Guide for ryding Post in any of the Post Roads aforesaid three shilling Scots for ilk Horse hire for Postage for every Scots Mile And in like manner His Majesty with Advice and Consent foresaid strictly Prohibits and Discharges all other person or persons whatsoever as well single as Bodies Pollitick or Incorporat excepting the said Post-Master-General or Tacks-man and their Deputs and the Servants of Noblemen Gentlemen and others in the Cases particularly above-excepted allenarly to carry receive or deliver any Letters for hire or to set up or imploy any Foot Post Horse Post or to settle Post-Masters within their Jurisdictions under the penalty of twenty Pounds Scots for every Transgression and an hundred Pounds Scots for each Moneths Continuance thereof after Intimation be is made to them in the contrair and the saids penalties to be pursued for before any Judge competent the one half thereof to be applyed for the use of the Informer and the other half for the use of the said Post-Master-General or Tacks-man respective and that no common Carrier presume to carry any Letters to or from any places within this Kingdom where
next And His Majesty and Estates of Parliament considering the Advantages of a greater Consumption and better Liquor arising both to the Heretors Brewers and the whole Leidges of the Kingdom by laying all Excises upon the Liquor and not upon the Malt as also the manifest conveniency that the said Annexed Excise formerly on the Malt be converted upon the Liquor that both these Excises may be uniformly raised and uplifted with less Charges and Expenses with which Reasons and the Truth thereof after mature Deliberation the Estates of Parliament are satisfied and fully convinced that His Majesty getting an Equivalent the same are just and important concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom Therefore His Majesty with consent of the said Estates hath dissolved and hereby dissolves the foresaid Annexed Excise of two Merks upon the Boll of Malt from the Crown and Patrimony thereof Rescinding likeas His Majesty hereby rescinds the Act of Parliament 1685 giving and annexing the foresaid Excise of two Merks upon the Boll of Malt to the Crown in so far as it gives and annexes the same allannerly and no farder Together with all Tacks Contracts or Commissions made or granted of or concerning the foresaid annexed Excise hereby Dissolved and taken away Declaring the said Tacks Sub-tacks Contracts and Commissions to be fallen therewith in Consequentiam after the first day of September aftermentioned In place of the which annexed Excise and as an Equivalent in Lieu thereof the Estates of Parliament for the usefulness of this Grant to support the Interest of the Crown do humbly and unanimously offer to His Majesty over and above the foresaid two pennies and other additional Excises abovementioned an Excise of three pennies more upon the Pint of all Ale and Beer browen to be vended and sold as said is As also of three shilling more upon ilk Pint of Aquaviae or strong Waters not made of Malt browen and sold within this Kingdom six shilling upon ilk Pint of Forraign Aquavitae Brandy or strong Waters and thirty shilling upon ilk Barrel of imported Forreign drinking Beer and this Excise hereby given in Lieu of the foresaid annexed Excise of two Merks upon the Boll of Malt and Ordained to commence from the foresaid first day of September His Majesty and the Estates of Parliament by the force of this present Act have United and Annexed and Unites and Annexes the same to the Crown of this Realm to remain therewith as annexed Property in all time coming And His Majesty with Advice and Consent foresaid do appoint the payment of the said Two Excises unannexed and annexed extending to five pennies upon the Pint so long as they shal Concur to be as follows viz. For the first two Moneths upon the first day of November next to come and thereafter quarterly and proportionally so long as they shal concur and stand together and thereafter the foresaid new annexed Excise to be payed at such Terms as His Majesty and Successor shal please to appoint And for making of the said two Excises effectual for their respective Endurances His Majesty with Consent foresaid doth Impose and Ordain the foresaid two Excises upon Ale and Beer to be raised and uplifted from all Brewers of the said Liquors brown and made to be vended and sold as said is and the said Excises upon Aquavitae and strong Waters to be raised and uplifted from all Retailers thereof And for the raising and inbringing of the said Excise His Majesty and the Estates of Parliament do hereby Appoint and Authorize the Commissioners of the new Supply appointed in another Act of this present Session of Parliament to be the Commissioners of the Excise during the respective Endurances of the said two Excises for the several Shires for the end foresaid and the Royal Burghs to have the same number of Commissioners as was appointed by the fourteenth Act of the Parliament 1661 impowering them fully for that effect conform to the Rules and Orders formerly Enacted for raising and inbringing the former annexed Excise upon Malt As also to set down and cause observe such other Rules as they shal judge necessary agreeable always to the Acts of Parliament already made about the foresaid Excise And that the said Excises on Liquor may arise more equally it is hereby Statute That during the Concurrence of the said two Excises the lowest Price of Ale or drinking Beer to be brewed and vented and sold for hereafter shal in all Burghs where the Burgh hath an particular Imposition on Malt or Liquors be twenty eight pennies for the Pint to be payed by the Buyer to the Ventner or Tapster and in all other Places both to Burgh or Landward two shilling the Pint with Certification that the Ventner transgressing by selling under the said Rates shal be fined by the said Commissioners in the Sum often pound Scots at the instance of any other Brewer or other Complainer toties quoties to be applyed by the saids Commissioners for Pious and Publick Uses within their respective Shires and further be either put under sufficient surety to observe this Rule for hereafter or if he cannot find surety discharged to brew in time coming at the fight of the saids Commissioners And further His Majesty with Advice and Consent foresaid doth hereby Declare and Enact that if any Brewer in use to brew for sale and Change shal give over brewing after the date of this Act without an Allowance in writing from the Commissioners of Excise for good and seen Causes the said Brewer shal not be permitted to brew for Change for the space of five years thereafter but shal be and is hereby Discharged and rendered uncapable to do the same As likewise it is hereby Statute and Ordained that no person whatsoever who have not been in use to brew for the service of themselves and their Family in time by past shal presume to brew after the first day of September next to come for their own and their Families use and if they contraveen that they shal be lyable in payment of the value of what they shal brew And his Majesty with consent foresaid doth Ordain the said Commissioners to meet the first Tuesday of September next at the Head Burgh of every Shire respective and afterwards upon the first Tuesday of ilk Moneth where they shal appoint And it is hereby specially provided that if either Collector or Farmer shal presume to raise or Levie the said Excise upon the Malt or otherwise than upon the Liquor he shal incurr the pain of an 100 Merks toties quoties to be decerned and exacted by the said Commissioners or by the Lords of Privy Council in case the saids Commissioners shal overlook the same as also that the Brewer assenting thereto or complice therein shal incurr the pain of fifty Merks and also amitt and lose the Liberty of brewing which Fines are also hereby appointed to be applyed ut supra And it is hereby