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 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
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
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
continuation of days and with certification And also for summonding of Witnesses as is usual before the Lords of Council and Session which Summonds to be expede by deliverance as said is shal pass under the Signet of the Session and the Party at whose instance the same is raised shal pay to the Clerk of Parliament or Session aforesaid for writing and subscribing of the Bill and Letters the Sum of twelve Pound Scots and no more on any pretence whatsoever and for affixing the Signet the Sum of three Pounds Scots and no more Declaring that if any Adjournment of Parliament one or more shal happen to interveen betwixt the giving of Citations in manner foresaid and the day of Compearance the foresaid Summonds shal nevertheless still stand in force for obliging the Parties and Witnesses summoned to compear at the day to which the Parliament shal be adjourned and when ever the same shal first meet And furder it is hereby declared that at the said day of Compearance before the Parliament being so met or any other lawful day thereafter it shal be leasome to the Clerks of Parliament at the desire of the Party pursuer to call the foresaid Summonds after the opening of the House and before the sitting down of the Parliament at the patent Gate of the Parliament-house and if the Party summoned compear to mark the same that the Summonds with the Executions and the other Peices produced by the Pursuer may be given out to see and answer to the effect the same may be seen and returned within six days in the Common Form and so the Cause or Complaint may be ready prepared for the Parliament to proceed therein when the same shal be again called in their presence providing always that no Decreets be given out in absence but upon special Application to and Sentence pronounced by the Parliament and no otherwise And excepting always from this Act all Summonds of Treason and for other publick Crimes and Executions and Processes thereupon which are to proceed as formerly And lastly providing that the foresaid Citations to be made by deliverance of the Lords of Session shal found no exception of Prejudiciality against any Party in any Action may be raised until the foresaid Citation be called before and sustained by the Parliament III. ACT Adjourning the Summer-Session till the first of July 1695. May 30. 1695. OUR SOVERAIGN LORD Considering that the sitting of the Parliament begun the ninth of May instant may continue for the Month of Iune next whereby the Leidges cannot attend the Summer Session in its ordinar time Do therefore with Advice and Consent of the Estates of Parliament Adjourn the Session which should be in course the first of June next to the first of Iuly next continowing all Actions and Causes depending before the Lords of Session to the said first of July And his Majesty dispenses in the mean time with the sitting of all inferior Courts as if the Session had not been adjourned and notwithstanding of the sitting of the Parliament And further Declares that the time and space to run betwixt the said first of Iune and the first of Iuly shall not be reckoned in any short Prescription And Ordains these Presents to be published at the Mercat-Cross of Edinburgh and to be forthwith Printed that the Leidges may be thereby certified thereof IV. ACT Anent the Iustice Court Iune 7 1695. OUR SOVERAIGN LORD for the better Regulating of the Justice Court and Facilitating and more sure Ordering of the Form and Method of Process therein used Do therefore with Advice and Consent of the Estates of Parliament Statute and Ordain that in all time coming the Use and Custom hitherto observed in that Court of Advocats or Procurators their Dictating and the Clerks writing of the Defences Duplies Triplies Quadruplies and so forth for the Defender and Pursuer be discharged and laid aside and that in place thereof His Majesties Advocat or other Advocats or Procurators for the Pursuer with the Advocats or Procurators for the Defender or Pannel debate the Relevancy viva voce and that after the said Dispute viva voce is ended then time be allowed by the Lords and Judges of the said Court to the effect after-mentioned and that the Kings Advocat or Advocats or Procurators for the Pursuer do within the space of fourty eight hours give in to the Clerk his Information in writing subscribed with his hand that the Advocats or Procurators for the Pannel may take it up and give in their Answers in writing also under their hands within other fourty eight hours which Information and Answers shall be by the Clerk recorded in the Books of Adjournal in place of the foresaid written Dispute formerly in use and then at the Advising the said Information and Answers shall be first read in open Court and if any thing be found new on either side and not noticed by the other Party the Parties or Judges shall point the same to the other Party concerned and hear both Parties thereon viva voce the Clerk Minuting in presence of and at sight of the said Judges what is so further Debated and then the said Judges shal proceed to the Advising And His Majesty with Advice and Consent foresaid Ratifies Approves and Confirms the whole Rights Powers and Priviledges of the said Court of Justice and of the Lord Justice General Lord Justice Clerk and other Judges and all other Members thereof And it is further hereby Statute and Ordained that in all capital Crimes wherein inferior Criminal Courts were hitherto restricted to try and execute within three Suns this time shall be hereafter restricted to the Tryal and Sentence only but not to the time of Execution which is hereby left to the Discretion of the Judge not exceeding nine days after Sentence V. ACT Anent Principals and Cautioners Iune 7. 1695. HIS MAJESTY and the Estates of Parliament Considering the great Hurt and Prejudice that hath befallen many Persons and Families and oft times to their utter Ruine and Undoing by mens Facility to engage as Cautioners for others who afterwards failing have left a growing Burden on their Cautioners without Relief Therefore and for Remeid thereof His Majesty with Advice foresaid Statutes and Ordains that no man binding and engaging for hereafter for and with another Conjunctly and Severally in any Bond or Contracts for Sums of Money shall be bound for the said Sums for longer than seven years after the date of the Bond but that from and after the said seven years the said Cautioner shall be eo ipso free of his Caution And that whoever is bound for another either as Express Cautioner or as Principal or Co-principal shall be understood to be a Cautioner to have the benefit of this Act Providing that he have either Clause of Relief in the Bond or a Bond of Relief apart intimat Personally to the Creditor at his receiving of the Bond without prejudice always to the true Principals being
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
and Difficulties hereby undetermined that may arise anent the premisses And lastly it is hereby declared that no persons lyable in payment of this Pole shall be holden to produce their Discharges or Receipts of the same after the Term of Martinmass one thousand six hundred ninety six years conform to His Majesties Letter XI ACT Against Blasphemy June 28. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament does hereby Ratifie Approve and Confirm the twenty first Act of the first Session of the first Parliament of King Charles the second Intituled Act against the Crime of Blasphemy in the hail Heads Clauses and Articles thereof and Ordains the same to be put to Due and Punctual Execution And farder His Majesty with Advice and Consent foresaid Statutes and Ordains that whoever hereafter shall in their Writing or Discourse Deny Impugn or Quarrel Argue or Reason against the Beeing of God or any of the Persons of the Blessed Trinity or the Authority of the Holy Scriptures of the Old and New Testaments or the Providence of God in the Government of the World shall for the first Fault be punished with Imprisonment â—ay and while they give Publick Satisfafaction in Sackcloth to the Congregation within which the Scandal was committed And for the second Fault the Delinquent shall be fyned in an Years Valued Rent of his Real Estate and the twentieth part of his free Personal Estate the equal half of which Fines are to be Applyed to the Use of the Poor of that Paroch within which the Crime shal happen to be Committed and the other half to the Party Informer besides his being Imprisoned ay and while he make again Satisfaction ut supra And for the third Fault he shall be punished by Death as an obstinat Blasphemer Likeas His Majesty with Advice and Consent foresaid hereby Authorizes and Strictly Requires and Enjoyns all Magistrats and Ministers of the Law and Judges within this Kingdom to put this present Act in Execution as to the first Fault And does hereby Impower and Require all Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs and Magistrats of Burghs to put this present Act in Execution as to the second Fault And as to the third Fault His Majesty with Advice and Consent foresaid Remits the Execution of this present Act to the Lords of His Majesties Justiciary XII ACT Against irregular Baptisms and Marriages Iune 28. 1695. OUR SOVERAIGN LORD Considering that the Baptizing of Children and Solemnizing of Marriage by the Laws and Custom of this Kingdom and by the Constitutions of this Church have alwise been done by Ministers of the Gospel Authorized by Law and the Established Church of this Nation And that notwithstanding thereof several Ministers now outed of their Churches do presume to Baptize Children and Solemnize Marriage without Proclamation of Banns or Consent of Parents and sometimes within the forbidden Degrees Therefore His Majesty with Advice and Consent of the Estates of Parliament Strictly Prohibits and Discharges all outed Ministers to Baptize any Children or Solemnize Marriage betwixt any Parties in all time coming under the Pain of Imprisonment ay and while he find Caution to go out of the Kingdom and never to return thereto and remits the Execution of this Act to the Ministers of the Law who are to assist to the Execution of the twenty third Act of the fourth Session of this Parliament for Settling the Quiet and Peace of the Church Declaring alwise that this present Act is without prejudice to the Acts of Parliament already made against privat and Clandestine Marriages which are hereby Declared to stand in full force and that Execution may proceed on the saids Acts at the Instance of the Parties concerned or of the Procurator-Fiscals of the Jurisdictions where they shall happen to be questioned XIII ACT Against Prophaneness Iune 28. 1695. OUR SOVERAIGN LORD and Estates of Parliament considering that the Twenty fifth Act of the Second Session of this current Parliament Intituled Act against Prophaneness And the Acts Generally and Particularly therein-ratified has not taken the wished Effect through the negligence of the Magistrats Officers and others concerned to put the same in execution Do hereby Authorize and strictly Require and Enjoyn all Sheriffs and their Deputs Stewarts and their Deputs Baillies of Baillities and Regalities and their Deputs Magistrats of Burghs-Royal and Justices of Peace within whose Bounds any of the Sins forbidden by the saids Laws shal happen to be committed to put the saids Acts to exact and punctual Execution at all times without necessity of any dispensation and against all persons whether Officers Souldiers or others without exception with this Certification that such of the saids Judges as shal refuse neglect or delay to put the saids Laws in execution upon application of any Minister or Kirk-Session or any Person in their name giving in Information and offering sufficient Probation against the Offender that every one of the saids Judges swa refusing neglecting or delaying shal toties quoties be subject and lyable to a Fyne of One hundred Pounds Scots to be applyed for the use of the poor of the Parish where the Scandal complained on was committed Declaring hereby That the Agent for the Kirk the Minister of the Parish or any other Person having Warrand from him or from the Kirk Session within the Parish whereof the Scandal complained on was committed shal have good interest to pursue before the Lords of Session any of the foresaid Judges who shal happen to refuse neglect or delay to put the saids Laws against Prophaneness to exact and punctual execution who are hereby ordained to proceed summarly without the order of the Roll and that it shal be a sufficient Probation of their refusal neglect or delay if the Pursuer instruct by an Instrument under a Nottars hand and Witnesses thereto Subscribing and Deponing thereupon that he did inform the saids Judges of the said Scandal and offered a sufficient Probation thereof unless the Judge swa pursued condescend and instruct that within the space of ten Days after the said Application he gave order to Cite the Party Complained on to compear before him within the space of ten Days and that at the day of Compearance he was ready and willing to have taken Cognition and Tryal of the Scandal complained on and Instruct and Condescend on a relevant Reason why the said Laws were not put in execution against the Person complained on XIV ACT For restraining the prophanation of the Lords Day by keeping Weekly-Mercats on Munday and Saturnday Iune 28. 1695. OUR SOVERAIGN LORD Considering that there is much occasion given for Profanation of the Lords-Day by keeping of Weekly-Mercats on Munday and Saturnday and that for preventing of this Abuse there are several Acts of Parliament prohibiting the keeping of Weekly-Mercats the saids Days within Royal-Burghs But the saids Acts not comprehending the Burghs of Regality and Barrony and Weekly-Mercats in Villages and
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
New-Duty per 100 Weight 03 00 00 Item On Soap imported of New-Duty per Barrel 02 00 00 Item On all sorts of Wrought Silks Silk-Plushes Stockings of New-Duty per pound weight 01 10 00 Item On all sorts of Silks wrought of Gold and Silver per pound weight of New-Duty 03 00 00 Item On all Silver and Gold Fringes Silver and Gold Laces Gallouns and Embroideries imported per pound weight of New-Duty 03 00 00 Item On all Forraign Laces and Points imported of New-Dutty Ten per Cent value Item On all Forraign Woollen Cloath imported of New-Duty per Eln 00 12 00 Item On all Forraign Sarges and Worsted-Stuffs imported of New-Duty per Eln 00 06 00 Item On all Forraign Flannels Fingrums of New-Duty per Eln 00 04 00 Item On all Linen-Cloath imported from Forraign Countries of New-Duty per whole Piece at 36 Elns 12 00 00 Item On the Half-Piece of Forraign imported Linen-Cloath of New-Duty 06 00 00 Item On all Silesia-Linnen of New-Duty per Piece being 5 Elns 01 00 00 Item On all Threed imported of New-Duty five per Cent value Which Duties and Customs above specified Our Soveraign Lord with Advice and Consent of the Estates of Parliament Statute and Ordain to be payed by all Merchants and other Importers of the said Forraign Commodities in the same manner as the other Duties to which they were formerly lyable And Ordains all Farmers Collectors Surveyers and others to In-gather the same and that after the same manner they do His Majesties other Duties upon Forraign imported Commodities and that from and after the Term of Martinmass 1696 years And hereby Discharges the said Collectors Farmers Surveyers and other In-bringers of His Majesties Customs to Transact Abate or allow of any Defalcation of the Additional Duties above-specified under the pain of Deprivation of their Offices and losing the Benefite of their Tacks XXXV ACT Anent burying in Scots Linen Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament for the better improvement of the Manufactory of Linen within the Kingdom and restraining the Import of all Forraign Linen Doth hereby Ratify and Approve the sixteenth Act of the Parliament 1686 Intituled Act for burying in Scots Linen in the hail Heads and Articles thereof Ordaining the same to be put to strict Execution in all Points with this Addition that none presume to cause bury any in Scots Linen in value above Twenty Shilling Scots per Ell under the same pains set down in the foresaid Act against burying in Forraign Linen And for the better discovery of the said Transgression and Execution of the foresaid Act and the Addition hereby made to it His Majesty with Consent foresaid Statutes and Ordains That the nearest Elder or Deacon of the Parish with one Neighbour or two be called by the Persons concerned and present to the putting of the dead Corps in the Coffin that they may see the same done and that the foresaid Act with this present Addition is observed and subscribe the Certificat mentioned in the foresaid Act and that whatever Relation or other Friends of the Defunct present and having the Charge of the burying shal either fail in observing the foresaid Act with this Addition or to call the Elder or Deacon with such Neighbours as may be Witnesses or to send and give in the Certificat appointed by the said Act he or they shal be holden as Transgressours and lyable in the Pains thereof which Pains are also hereby intirely applyed and given to the Poor of the Parish and any Elder or Deacon of the Parish is impowered to pursue for the same for their use nor shal any Pursuit for the said Fines be Advocat from the Inferiour Judge Competent nor any Sist of Process given nor shal any Decreet therefore be Suspended but upon Discharge or Consignation allanerly And it is further hereby Statute That it shal not be leisom to any Person to make or sew any sort of dead Linen contrair to the foresaid Act and this present Addition under the pain of Fourty Merks toties quoties for the use of the Poor as said is XXXVI ACT Anent the Skinners Iuly 17. 1695. OUR SOVERAIGN LORD the KINGS MAJESTY with Advice and Consent of the Estates of Parliament in pursuance of the many Good Acts made for the setting up and maintaining of Manufactories and particularly of the Act 1661 Intituled Act for Erecting of Manufactories and for the greater Incouragement of the Skinners of this Kingdom towards the improvement of the Native Commodities of Wild-Skins and Lamb Skins and the Art of that Craft Do hereby Discharge all and every Person whatsomever Native or Stranger to Export out of this Kingdom any Wild-Skins such as Wild-hyds Dae and Rae Roe and Roe-Buck and Kid with the Hair upon them until they be made in Work or dressed Leather to the good of the Kingdom As also His Majesty with Advice and Consent foresaid Discharges all and every Person Native or Stranger to import any Forraign made Gloves of whatsomever sort Certifying such as shal do in the contrair either by Export or Import as said is that they shal not only forefault the foresaids Goods exported or imported or the just value thereof the one half to His Majesty and the other half to the Informer who shal prosecute the same before His Majesties Exchequer but also be furder lyable to such Pecunial Fines or other Punishments as the Lords of His Majesties Exchequer shal think fit to inflict Declaring that this Act shal commence and take effect after the first day of August next to come and impowering the saids Skinners and any Merchands or any others concerned with concurse of a Magistrat to search for and make seizure of the foresaid Goods hereby prohibited to be exported or imported For the more effectual Execution of the Premises and for the better Improvement of the said Skins Our Soveraign Lord hereby Ratifies and Approves the Act made be the Convention of Burrows anent the sufficiency of Skins and Ordains the Magistrats of all Burghs to put the said Act to due execution in all Points And Lastly it is hereby Declaired that the foresaid Act of Parliament for Erecting of Manufactories and any allowance that may be therein given for the Manufactoring of the saids Skins shal be but prejudice to the Rights and Priviledges of the Craft and Incorporation of Skinners in all or any of the Burghs of this Kingdom XXXVII ACT Anent the Iusticiary of the Highlands Iuly 17. 1695. OUR SOVERAIGN LORD Considering That there was an Act of Parliament made in the year 1693 for the Justiciary in the Highlands Declaring That His Majesty by vertue of His Prerogative Royal might grant Commissions of Justiciary for the said Bounds with all Power necessary and usual Excepting thence from the Bounds lying within the Heretable Right of Justiciary General pertaining to the Earl of Argile or any other Person providing nevertheless that the foresaids Persons whose
bounds were excepted should for the space of two years be obliged to grant Commissions to the same persons whom it should please his Majesty to Commissionat for their saids Bounds and Lands which two years being now near expired and it being necessary that the foresaids Commissions after their expiration should be renewed Therefore His Majesty with Advice and Consent foresaid Does hereby prorogate the foresaid Provision to the effect and in the Terms aftermentioned viz. That when the Commissions are granted by His Majesty for the necessary repressing of the Depredations and Robberies so frequently committed in the Highlands for the saids Bounds not above excepted the foresaids Persons having Right to the said Heretable Justiciaries General shal grant ample Commissions for their respective Bounds at the same time and to the same Persons at least to so many of them as are willing to act by vertue of the saids Justiciaries Commissions to the effect the saids Commissioners acting unanimously within any part of the whole foresaid Bounds the saids Crimes may be the more effectually punished and restrained and that these Commissions may and shal be granted as said is for the space of three years which is to begin after the present Commission granted by His Majesty is expired Which Commissions shal continue all Powers necessary and usual in Commissions of Justiciary without prejudice always to the whole foresaid Persons and Lords of Regality and all others of their several respective Rights and Jurisdictions and also reserving the Right of Prevention and the Right of Casualities and Escheats in manner provided in the said Act. XXXVIII ACT Concerning the Dividing of Commonties Iuly 17. 1695. OUR SOVERAIGN LORD With Advice and Consent of the ESTATES OF PARLIAMENT for preventing the Discords that arise about Commonties and for the more easie and expedit Deciding thereof in time coming STATUTS and ORDAINS That all Commonties Excepting the Commonties belonging to the KING and Royal-Burrows that is all that belongs to His MAJESTY in Property or Royal-Burrows in Burgage may be divided at the Instance of any having Interest by Summons raised against all Persons concerned before the Lords of Sessionâ— who are hereby Impowered to discuss the Relevancy and to determine upon the Rights and Interests of all Parties concerned and to value and divide the same according to the value of the Rights and Interests of the several Parties concerned and to grant Commissions to Sheriffs Stewarts Baillies of Regality and their Deputs Justices of Peace or others for perambulating and taking all other necessary Probation which Commissions shal be reported to the saids Lords and the said Processes ultimatly Determined by them And where Mosses shal happen to be in the said Commonties with Power to the said Lords to divide the said Mosses amongst the several Parties having Interest therein in manner foresaid or in case it be instructed to the said Lords that the said Mosses cannot be conveniently divided His MAJESTY with Consent foresaid Statuts and Declares that the said Mosses shal remain Common with free Ish and Entry thereto whether divided or not Declaring also that the Interest of the Heretors having Right in the said Commonties shal be estimat according to the Valuation of their respective Lands or Properties and which Divisions are appointed to be made of that part of the Commonty that is next adjacent to each Heretors Property XXXIX ACT Discharging the Venting of Rum Iuly 17. 1695. OUR SOVERAIGN LORD Considering that the Brandy commonly called Rum made of Molossus does hinder the Consumpt of strong Waters made of Malt which is the Native Product of this Kingdom As also that the said Rum is rather a Drug than Liquor and highly prejudicial to the Health of all who drink it Therefore His Majesty with Advice and Consent of the Estates of Parliament Prohibits and Discharges the making of Rum except allenarly for Export Certifying the Contraveeners that they shal lose and amit their Priviledges granted to them as Manufactories and be otherways punished as the Lords of Privy Council think fit XL. ACT Anent Letters Passing the Signet Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament for Reviving and Preserving the good Order that ought to be kept in the Passing of Writs under the Signet Statutes and Ordains that all Writs Passing under the Signet called the Signet of the Lords of Session be Subscribed by a Writer as Clerk to the said Signet Excepting allanerly herefrom Letters of Diligence in Processes before the Session and Letters of Citation before the Parliament which are to be Subscribed by the Clerks of Session And His Majesty with Advice foresaid Prohibits the Keeper of the said Signet to affix the same to any Letters not Subscribed as above any Custom or Practice in the contrary notwithstanding and that as he will be answerable upon his Peril XLI ACT Anent Executry and Moveables Iuly 17. 1695. OUR SOVERAIGN LORD Considering that the Law is Defective as to the Affecting with Legal Diligence the Moveable Estate which pertained to a Defunct either for his own or his nearest of Kins Debt in such manner as a Defuncts heretage may be affected by Charging to Enter Heir in the known manner Doth therefore with Advice and Consent of the Estates of Parliament Statute and Ordain that in the case of a Moveable Estate left by a Defunct and falling to his nearest of Kin who lyes out and doth not confirm the Creditors of the nearest of Kin may either require the Procurator-Fiscal to Confirm and Assign to them under the Peril and Pain of his being lyable for the Debt if he refuse or they may obtain themselves Decerned Executors Dative to the Defunct as if they were Creditors to him With this Provision always that the Creditors of the Defunct doing Diligence to affect the said Moveable Estate within year and day of their Debitors Decease shall always be preferred to the Diligence of the said nearest of Kin. And it is further Declared that in the case of any Depending Cause or Claim against a Defunct the time of his Decease it shall be Leisum to the Pursuer of the said Cause or Claim to Charge the Defuncts nearest of Kin to Confirm Executor to him within twenty days after the Charge given which Charge so execute shall be a Passive Title against the Person Charged as if he were a Vitious Intromettor unless he Renunce and then the Charger may proceed to have his Debt constitute and the Haereditas Iacens of Moveables Declared lyable by a Decreet Cognitionis Causa upon the obtaining whereof he may be Decerned Executor Dative to the Defunct and so affect his Moveables in the common Form XLII ACT Allowing the Administrators of the Common Good of Burrows to Adventure their Stocks or any part thereof in the Company of Forraign Trade Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament for the Encouragement of the Undertakers for
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 Protestant Religion the Laws and Liberties of this Kingdom in case Iames then Duke of York would succeed to the Crown and of the Ways and Methods then talked of in England and such as might be taken in Scotland for preventing the same and for his exclusion from Succession to the Crown are weak and frivolous Pretences to infer the Crime of Treason As Likewise that the Probation waâ— lame defective seing it did confeâ—â— of the Depositions and Testimonies of Persons who a little before hade been accused of the same pretended Crimes and who after submission made and when their Lives and Fortunes were at the late Kings Mercy had predetermined themselves by their Confessions and Depositions then emitted For albeit they were secured as to their Lives when they deponed before the Parliament yet they having emitted their Declarations when they were under the fear and apprehension of being Forefaulted themselves and when they renewed their Confessions before the Parliament they could make no alteration unless they had declared themselves to be perjured they having only adhered to the very same Testimonies formerly emitted by them except the Earl of Tarras who depons of new and not upon his Declaration formerly emitted but proves nothing against the said Sir Patrick Home And also considering that there is nothing proven by the Witnesses in habit as they were against the said Sir Patrick of his being upon or privy to any Design or Contrivance against the Person and Life of King Charles the Second and that the Testimonies do not concur and agree in any particular Fact which by the Common Law or Custom could infer the Crime of Treason against the said Sir Patrick And likeways having considered the Act of Adjournal of the Justice Court of the date the day of One thousand six hundred eighty years upon which the said Sir Patrick Home was denounced Fugitive for not compearance and that there was no relaxation raised until a few Days before the dyet of Compearance in Parliament though neither he had the offer of an Indemnity nor was for the time in open Rebellion so that he had not tutus accessus and that the saids pretended Crimes lybelled in the said Act of Adjournal are the same contained in the foresaid Sentence of Forefaulture before the Parliament Therefore Their Majesties with Advice and Consent of the Estates of Parliament Do hereby by way of Justice Rescind Retreit Cass and Annull the foresaid Decreet and Sentence of Forefaulture pronounced against the said Sir Patrick Home and all Gifts of Forefaulture if any be granted by the late King Iames of the said Sir Patrick his Estate or any part thereof to any Person or Persons whatsomever And the foresaid Act of Adjournal with all that has followed or may follow thereupon And declares the said Decreet and Sentence of Forefaulture and Act of Adjournal to have been from the beginning to be now and in all time coming void null and of no avail force strength nor effect and restores the said Sir Patrick Home his Children and Posterity against the same in integrum and Rehabilitating them to their Blood-right and Benefit of Succession Name and Fame sick-like and as freely in all respects as if the said Decreet and Doom of Forfaulture had never been given nor pronounced Rescinding hereby the Act of Annexation of the said Sir Patrick his Estate to the Crown and dissolving the same therefrae As also Their Majesties with Consent foresaid Decerns and Ordains all the Intrometters with the Lands Rents Goods and Gear or other Estate moveable or immoveable pertaining and belonging to the said Sir Patrick Home to be lyable for and refound the famine to him his Heirs Executors or Assigneys and that Letters may be direct for that effect in Form as effeirs And their Majesties and Estates of Parliament Statute and Ordain that this present Act shal have full force strength and effect of a publick Law in favours of the said Sir Patrick Home and others aforesaid And it is hereby Declared That this present Act is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament ACT Dissolving Sir Patrick Home of Polwarth his Estate from the Crown Iuly 22. 1690. FOrasmuch as by an Act and Sentence of this present Parliament the Doom and Sentence of Forefaulture pronounced in anno One thousand six hundred eighty and five against Sir Patrick Home of Polwarth is ex Iustitia Reduced and Rescinded and that by an Act of the Sixteenth of Iune One thousand six hundred eighty and five the Estate and Lands belonging to the said Sir Patrick Home were formerly annexed to the Crown Which Act of annexation is now also by the said Act Reductive in his Favours Rescinded and declared void Therefore and for the said Sir Patrick his more full and effectual Restitution and without any derogation to the said Act Reductive in his Favours but accumulating Rights to Rights Our Soveraign Lord and Lady the King and Queens Majesties with Advice and Consent of the Estates of Parliament have dissolved and hereby dissolves from the Crown and Patrimony thereof the Lands and Barrony of Polwarth the Lands and Barrony of Grein-Law and Reid-Path with the Right of Patronages and whole Pertinents thereof And Lands of with all other Lands Rights and Estate pertaining to the said Sir Patrick Home and that in Favours of the said Sir Patrick himself that he may bruick and enjoy the same as if he himself had never been forefaulted or as if the saids Lands and Estate had never been annexed Declaring that this present Act shal have the strength and effect of a General Law and Act of Parliament and shal be al 's Valid and Effectual to the said Sir Patrick his Heirs and Successors for their Security of the whole Premisses as any other Act of Dissolution made and enacted at any time bygone in Favours of whatsomever Person and conform to all the Conditions required by Law in Acts of that Nature And farder that this present Act of Dissolution is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament Extracted furth of the Records of Parliament by George Viscount of Tarbat Lord M cLeod and Castlehaven c. Clerk to the Parliament and to his Majesties Councils Registers and Rolls