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

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THE LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29. of April 1686. By a Noble Earl Alexander Earl of MORRAY Lord Doun and Abernethie c. Secretary of State for the Kingdom of Scotland His Majesties High Commissioner for Holding this Parliament by vertue of a Commission under His Majesties Great Seal of this KINGDOM VVith the special Advice and Consent of the Estates of Parliament Collected and Extracted from the Registers and Records of Parliament by GEORGE Viscount of Tarbat Lord McLeod and Castle-haven c. Clerk to His Majesties Councils Registers and Rolls c. EDINBURGH Printed by the Heir of Andrew Anderson Printer to His most Sacr●d Majesty Anno Dom. 1686. Cum Privilegio GOD SAVE KING JAMES THE SEVENTH LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29 of April 1686. I. ACT of Dissolution of the Lands of Cesnock and Duchal May 18. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into Their Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having Proposed and Expounded in plain Parliament The Gr●●t and Faithfull Services Done to His Majesty and His Royal B●●ther of ever blessed memory by Iohn Lord Viscount of Melfor●● one of His principal Secretaries of State and his constant Zeal 〈◊〉 Faithfulness to the Interest of the Crown and particularly Tha● His Majesty was sensible of the many Journeys made by the said ●ohn Viscount of Melfort from Scotland to the Court of England upon occasions of great Importance to the Service of the Crown and Government for most of which he had no allowance at least none suitable to his Expenses And that he had Faithfully executed several Offices of great Trust as Lieutenant General and Master of the Ordnance Lieutenant Governour of the Castle of Edinburgh Thesaurer Deput and Secretary of State for His Majesties Ancient Kingdom of Scotland In which Imployments he did very well behave himself That he was instrumental in the Defeat of the Rebels at Bothwell-bridge was diligent against the Rebels thereafter And at great Pains and Charges in the Circuits for the Shires of Lanerk Stirling Renfrew and Dumbarton in the year 1684. And that he had performed several other good and acceptable Services As also His Majesties Commissioner as having speciall Warrand and Instruction from His Majesty Having proposed to the Estates of Parliament That His Majesty judging it fit for the Interest of His Crown and the Good and Wellfare of this Kingdom To Purchase and Acquire from the said Iohn Viscount of Melfort the Lands Baronies and others aftermentioned wherein the said Viscount stands Heretably Infest viz. The Lands and Barony of Muirhall Comprehending therein the Lands of Inverneil Kilmo●r Dounanoltich Craigmoiral Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knaps Kilmorie Kilberrie Auchinsalloch Imstremich Barleamich Dounarderie Eunichan Kildalban Dargachie Cariedale Drummoir Crear Oib Muirhall and several other Lands Teinds and Rights mentioned in the Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort of the Date the nineteenth day of March 1686. Which did formerly pertain to Sir Duncan Campbel of Auchinbreck Iohn Campbel of Melfort Iohn Campbel of Knap Dougal Campbel of Kilberrie Patrick Mccairter of Imstremich Eivor Mccivor of Askins Donald Mcaveish of Dounarderrie Neill Campbel of Evneichan Campbel of Kildalban Iohn Campbell of Dargathie Duncan Campbell of Cariedale Alexander Mcmillan of Douniemoir Donald Mcneill of Crear Alexander Mcerverlich of Oib Alexander Campbel of Oitter William Denholm of Westsheill Mr. Alexander Campbell Advocat Collin Campbell elder of Allangreig and Duncan Campbell younger thereof and Stuart younger of Cultness And which fell in His Majesties hands by the Forefaulture of the forenamed persons And likewise the Lands and Barony of Melfort Comprehending the Superiorities and the Feu-Duties of the Lands of Rayra and the Isle of Loung The Lands of Torsay The Lands and Isle of Shennay The Lands of Daginneish Armadie Auchnasoul Ragray and of many other Lands particularly mentioned in the Charter thereof Granted by His Majesty under His Majesties Great-Seal to the said Iohn Viscount of Melfort of the Date the day of 1685. Which Superiorities and Feu-Duties pertained formerly to Archibald Campbel late Earl of Argile and fell in His Majesties hands by his Forefaulture Excepting only the Superiorities and Feu-Duties of Glen Ila Balquhan Spitletown of Balquhan Edinample and Menstrie which are Reserved to the said Viscount of Melfort The saids Lands and Baronies being of a vast and great extent and containing great Superiorities and as lying and being Situat in the Highlands and formerly belonging to the late Earl of Argile and others of his Party who were involved in the late Rebellion and Forefault for their accession thereto has always been subject to Disorders which might indanger the publick Peace which being in His Majesties hands And His Royal Authority and Interest concurring may Restrain and prevent the same and His Majestie conceiving it just and reasonable That the said Iohn Viscount of Melfort in lieu and place of the foresaids Lands and Baronies formerly belonging to him and which at His Majesties Desire he is willing to Resign in His Majesties Hands ad perpetuam remanentiam should have a full Recompence and Satisfaction for the same And His Majesty Designing to Give and Dispone in Permutation and Excambion thereof The Lands and Barony of Riccartoun The Lands and Barony of Cesnock and Galstoun with the Tower of Cesnock and Pertinents The Lands and Barony of Barr The Lands and Barony of Castlemains and Cumnock The Lands and Barony of Hainring Ross all lying within the Sheriffdom of Air formerly pertaining to Sir Hugh and Sir George Campbels sometime of Cesnock The Lands and Barony of Duchall and the Lands of Porterfield with the Pertinents which pertained to Porterfield sometime of Duchall and all other Lands Teinds and Rights whatsomever belonging to the said Sir Hugh and Sir George Campbels and Porterfield And upon their Forefaulture did come in His Majesties Hands and are Annexed to the Crown by the Fourty two Act of the first Session of this current Parliament Dated the sixteenth day of Iune 1685. And albeit His Majesty be satisfied that the said Transaction and Excambion is of advantage to His Majesty and His Crown and for the Good and Wellfare of this Real ● upon the Considerations foresaid And that the Lands and others which the said Viscount of ●elfort is willing to Resign in His Majesties hands are of greater yearly Rent and Value Y●● His Majesty has thought fit re integra to propose the same in plain Parliament That they m●● seriously
Majesties Annuity except it can be proven that Collusion was used betwixt the Titulars and Heretors or betwixt the Procurator-fiscal and the Heretors and Titulars Which Collusion is Declared to be when the Valuations are Led with the Diminution of the third part of the just Rent Which Diminution shall be proven by the parties Oath and with power to the saids Commissioners or Quorum foresaid Where Ministers are not already sufficiently provided or have not Localities already assigned to them for their Stipends out of the Teinds within the Paroches where they Serve the Cure according to the Quantities Proportions and Rules contained in the 19 Act of the Par. 1633. To modifie settle and appoint constant local Stipends to each Minister out of the Teinds of the Paroch where they Serve the Cure With Power also to the saids Commissioners to grant Recompence by Prorogation of Tacks to Parties for all augmentations of Stipends which are granted since the year 1630. or shall be granted and that effeiring to the augmentations already granted or to be granted as the saids Commissioners shall think fit And sicklike To Disjoyn too large and spacious Paroches to cause erect and build new Churches to Annex and Dismember Churches as they shall think convenient And to take Order that every Heretor and Liferenter shall have the leading and buying of their own Teinds if they be willing according to the Rules prescribed by the 19 Act and Commission granted by His Majesty with Consent of His Estates of Parliament in Anno 1633. And the Acts of Parliament therein-mentioned With power to Determine all Questions concerning the prices of Teinds betwixt Titulars and others having Right thereto and the Heretors and to appoint such Securities in favours of Titulars and others having Right to Teinds for their prices to be granted to the Heretors and others lyable in payment of valued Duties or buyers of the saids Teinds and in favours of the Ministers as to their Maintainance as the saids Commissioners shall think fitting according to the Rules set down in the said Act 1633. And each Heretor whose Teinds belongs to Titulars of Erection to have power and Liberty to buy the Teinds of his own Lands whether Valued or not within the space of three years after the Date of this Act with this Declaration always That in case the Impediment during the time foresaid flow from the Titular by reason of his Minority or other inability In that case the Heretor who offered to buy his own Teinds within the space foresaid shall have place so soon as the Impediment shall be removed to buy his Teinds notwithstanding of the expyring of the years and space after-exprest And it is Declared That if the Heretor be Minor and his Tutor neglect the buying of his Teinds within the foresaid space the Minor shall have Action for two years after his minority to compell the Titular to sell his saids Teinds And generally with power to the saids Commissioners to Decide and Determine in all other Points which may concern the Drawing or Leading of Teinds the selling or buying of the same or payment of the Rates thereof contained in the former Acts of Parliament or set down in the general Determination given out by His Majesties Royal Father of blessed memory And if any person or persons shall find themselves grieved and complain of the Injustice or Exorbitancy of any Decreet or Sentence given in any of the Commissions during the time of the late Troubles with power to the saids Commissioners to take the same to their Consideration and alter anull or allow the saids Decreets and Sentences as they shall find just And it is always Provided and Declared that the Arch-Bishops and Bishops and other Beneficed Persons being Ministers and their Successors shall not be prejudged of the Rents whereof their Predecessors were in actual and real Possession and which by the Laws of the Kingdom were due to them in anno 1637. Or whereof they are presently in Possession and that they shall be no further bound but according to the Conditions and Provisions exprest in the Submissions made by the Bishops to His Majesties Royal Father of blessed memory of the date the day of 1628. and Registrat in the Books of Commission for Surrenders and Teinds upon the 15 day of Iuly 1631. And whereas it may fall out that some of the Commissioners may be unable to attend the Service through Death Sickness or other known Impediment THEREFORE His Majesty Declares That He shall be careful to fill their places with other persons qualified whose Oaths for faithfull Discharging of the same shall be taken by the Lord Chancellor or in his absence by the Lord President of the Commission for the time And Ordains this present Commission to endure ay and while the same be Discharged by His Majesty And the Acts Decreets and Sentences thereof to have the Force Strength and Effect of a Decreet or Sentence of Parliament And the Lords of Session to grant Letters of Horning Poynding and others necessar to be direct upon the said Decreets and Sentences in manner contained in the foresaids Commissions And His Majesty with Consent foresaid hereby Discharges all former Commissions Declaring the same to be expyred XXIII Commission for Regulation of Iudicatures Iune 14. 1686. OUR SOVERAIGN LORD from His Royal and Princely Care of the Good and Welfare of this His ancient Kingdom being desirous to prevent and Redress all abuses and unwarrantable exactions within the same especially in Offices of Publick Trust and in the Dispensation of Justice to the effect the same may be speedily and impartially Administrat with as little trouble and expence to His Subjects as the nature of such Affairs and Proceedings can admit of And His Majesty likewise Considering That His dearest Brother King Charles the Second of blessed memory Having by a Commission under the great Seal of this Kingdom of the Date the 21 of September 1669. For the same end and design Impowered and Authorized the Persons therein-mentioned to make such Rules Orders and Constitutions as might prevent the same in time-coming and who in pursuance of the said Commission did agree upon cetain Articles of Regulation relating to the Session Justice-Court and Exchequer All which are Ratified by the 16 Act of the 3 Session of the 2 Parl K. Ch. the Second But the saids Commissioners were not able through the shortness of time fully to perfect and accomplish so great and necessary a Work as the Good and Interest of the Kingdom requires And His Majesty being now fully Resolved to prosecute so good a Work for the universal good of His Subjects and to perfect the same that His Subjects may be convinced and sensible of their great Happiness and Prosperity under His Protection and Government THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Gives full Power Warrand and Commission to Whereof the number of to be a Quorum to meet and conveen
Coynage aforesaid The which sum of twelve thousand pounds scots for the Officers of the Mint and other expenses thereof is to be payed to the General and Master of the said Mint together with the sum of eighteen Pounds per stone to the Master for the Coynage of the Money at four Terms in the year viz. Candlemass Whitsunday Lambmass and Martinmass yearly and the said payment to commence from and after the first of November next And His Majesty and Estates of Parliament further Statute and Ordain That no Heads Sweeps or Chizel of any Gold or Silver to be Coyned in His Majesties in t shall pass His Majesties Irons without taking a second Essay thereof as if the same were newly brought in to the Mint to be Coyned And to the effect that all matters relating to the Coynage and Mint may be equally Ordered and Regulated according to this present Act and in such further ways and manner as His Majesty and His Privy Council shall think fit It is hereby Recommended to His Majesties Privy Council by some of their number to try every Journal of Coyn by it self distinctly and to take exact tryal of all matters relating to the Coynage both as to the weight and fineness of the money and other matters relating to the said Mint twice every year viz. In the moneths of Iuly and December yearly and to call before them the whole Officers of the Mint and to Examine their Proceedings and to inspect their Books and to sign and subscribe Approbations thereof as they shall see cause And this without prejudice of the said Officers of the Mint their compting yearly to the Lords of His Majesties Exchequer and Thesaury for all matters commited to their Trust. XXV ACT Rescinding a Clause in the Addresse made by the Parliament against the late Earl of Argile Iune 15. 1686. OUR SOVERAIGN LORD Taking into His Consideration the 36 Act of the first Session of this Parliament Intituled Act anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland to His Sacred Majesty against the Arch-Traitor Archibald Campbel sometime Earl of Argile And that His Majesty from His unparalleled Clemencie and Goodness has been Graciouslie Pleased to Pardon and Indemnifie several persons who were accessorie to and involved into the said Rebellion notwithstanding the Estates of Parliament from their zeal to His Majesties Service and Detestation of the said Rebellion Did by their Address humbly Desire they should for ever be incapable of mercie and that any of His Majesties Subjects who should interceed for them any manner of way should incur the pain of Treason and in regard His Majesty did make no signification of His Royal Pleasure as to the said Address THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Casses Annuls and Rescinds that Clause in the same Address as to the exercise of His Majesties Mercy or the Intercessions of any of His Majesties Subjects made or to be made in that behalf And Declares the same Clause to have no strength Force nor effect from the beginning and to be null and void in all time coming XXVI ACT Dissolving the Lands and Estates of Earlestoun Craichlaw and Caitloch from the Crown Iune 15. 1686. OUR SOVERAIGN LORD Taking to His Royal Consideration that His late Majesty and his Royal Brother of ever glorious Memory by Charter under the Great-Seal of this His Majesties Ancient Kingdom of the date at Windsor-Castle the eleventh day of May 1680 years upon the account of Sir Theophilus Ogilthrop Lieutenant Colonel Main and Captain Hendry Cornowall their Loyalty and Service performed to the Crown Did Give Grant and Dispone to them their Heirs and Assigneys the Lands and Estates of Earlestoun Craichlaw and Caitloch and others more fully specified in the said Charter whereupon they were Infest and the said Right Ratified in Parliament And which Lands and Estates fell in His late Majesties hands by the Forefaultur of Mr. William and Alexander Gordons elder and younger of Earlstoun Iames Gordon of Craichlaw and Mr. William Ferguson of Caitloch Likeas His late Majesty by His Letter of the eleventh of May One thousand six hundred eighty Directed to the Lords Commissioners of His Highness Thesaury upon Information that the saids three Estates did exceed six hundred pounds Sterling per annum which His Majesty was pleased to Promise should be made good unto them Ordered That before the said Gift past in Exchequer the saids Lords should take their Security to pay the superplus if any were that the saids Estates should be found to exceed the foresaid Rent and the Debts payable out of the same by Law in such manner and to such uses as His Majesty should think fit thereafter to direct And in like manner His Majesty by another Letter directed to the saids Lords of the 15th of February 1681. Required them to take sufficient Security of the saids persons for payment of their share of the expence disbursed out of His late Majesties Thesaury towards the suppressing of the Rebellion in the year 1679 not exceeding two years Rent of the saids Forefaulted Estates and accordingly the saids Donatars granted Security to the saids Lords in the Terms foresaids As also OUR SOVERAIGN LORD Considering That His Majesty by His Letter of the last of October 1685. upon the Consideration that the saids Estates did not exceed but are rather considerably short of the saids six hundred pounds Sterling per annum and of the great trouble and expence the said Sir Theophilus who also acquired the other two Parts from Main and Cornowall was and is exposed to in attaining to the Possession of the saids three Forefaulted Estates and being desirous the same should be made fully effectual to him free of all future trouble and inconvenience THEREFORE as a further Mark of His Favour to the said Sir Theophilus and in Consideration of his great Loyalty and Service Authorized and Required William Duke of Queensberrie His Majesties Thesaurer-Principal for the time Thesaurer-deput and remanent Lords of Exchequer to deliver to him the said Security and Ordained the same to be delet out of the Records of Exchequer which accordingly was done and an Act thereupon past the eight of Ianuary last And further upon Consideration of the said Sir Theophilus his constant loyalty and adherence to the Crown and signal evidence given by him thereof in the late Rebellion of the late Duke of Munmouth Did Order his Right Trusty and Familiar Cousen and Counsellor Alexander Earl of Murray Conjunct-Secretary of State for the Kingdom of Scotland and his Majesties high Commissioner therein for the time to represent the matter in Parliament for a Dissolution of the saids three Forefaulted Estates from the Crown to which the same were Annexed in the last Session of Parliament holden at Edinburgh the sixteenth day of Iune One thousand six hundred eighty five years Which Annexation proceeded upon a Supposition that the yearly Rent
Sir Thomas Kennedy and his foresaids for their Security of the Lands and others above-exprest as any other Act of Dissolution past by His Majesty or His Royal Ancestors with Advice and consent of the Estates of Parliament in favours of whatsomever person or persons at any time heretofore And Declares that this Act shall not be comprehended under the Act of Salvo Iure to be past in this present Session or any subsequent Session of this Current Parliament but is hereby excepted therefrom XXVIII ACT Dissolving the Lands of Cultness North-Berwick and Goodtries from the Crown Iune 15. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into their Consideration that His Majesties Commissioner as having special Warrand and Commission from His Majesty Having proposed and expounded in plain Parliament the great and Faithful Services done to His Majesty and His Royal Brother of ever blessed memory by Iames Earl of Arran First Gentleman of His Majesties Bed-Chamber and his constant Zeal and Faithfulness to the Interest of the Crown And particularly the said Earl of Arran his extraordinary expenses when Imployed by His Majesties said Dearest Brother as Envoy to the French King and of his activeness against the late Earl of Argile and the other Rebels associat with him in the year 1685. For which he had no allowance at least not suitable to his expenses and that he had faithfully executed the saids Offices and did very well behave himself therein and that he was Instrumental in the Defeat of these Rebels and had performed several other good and acceptable Services All which being Proposed and laid open in plain Parliament to the end the Three Estates might give His Majesty their Judgement Advice and Determination re integra whether the same were True Good and Reasonable Causes of publick Concernment for Dissolving the Lands and Barony of Cultness lying within the Sheriffdom of Lanerk and the Lands of North-Berwick lying within the Constabulary of Haddingtoun and al 's the Lands of Goodtries with the Teinds and Pertinents thereof lying within the Sheriffdom of Edinburgh sometime pertaining to Thomas and David Stuarts late elder and younger of Cultness together with all other Lands Annualrents and others pertaining and belonging to them from the Crown and which fell and became in His Majesties Hands through the Crimes of Treason and Laes-Majestie Acted Committed and Done by them and either of them and the Doom and Sentence of Forefaulture Given and Pronounced against them for the same upon the and days of and 1685 years and were Annexed to the Crown by the fourty two Act of the first Session of this Current Parliament and by the Act of this present Session of Parliament And the saids Estates of Parliament after long and mature Deliberation Treating and Consulting anent the Premisses being fully satisfied and Convinced that the particular Services and Expenses above-mentioned Done Performed and Expended by the said Iames Earl of Arran the truth whereof is clearly known and did appear to them as Just Weighty and Important Reasons concerning both His Majesties Interest and the Publick Good and Welfare of this Kingdom that they should Advise and Consent to His Majesties Giving and Disponing the saids Lands of Cultness North-Berwick Goodtries and the other Lands above-written with the Pertinents to the said Iames Earl of Arran his Heirs or Assigneys And for that effect that the saids Lands should be Dissolved from the Crown and from the saids two Acts of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares That the saids Lands and Barony of Cultness and Lands of North-Berwick and Goodtries above-written sometime belonging to the saids Thomas and David Stuarts late elder and younger of Cultness with all other Lands Heretages Annualrents and others belonging to them or either of them which came in His Majesties Hands and were Annexed to the Crown in manner foresaid may be Disponed to the said Iames Earl of Arran and his foresaids and for that effect Have Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof and from the saids two Acts of Annexation the one made the 16 day of Iune 1685. And the other made the day of May 1686. And from all other Acts of Annexation and from all Clauses Qualities and Conditions therein contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares this present Act of Dissolution having proceeded upon Advice and Deliberation of the Estates of Parliament re integra and found by the saids Estates to be for Great Weighty and Reasonable Causes concerning the Good Welfare and publick Interest of the whole Kingdom first Proposed Advised and maturely Pondered and Considered in plain Parliament re integra and found by the saids Estates to be for Great Weighty and Reasonable Causes before any previous Grant or other Right or Deed Given Made or Done by His Majesty in favours of the said Iames Earl of Arran and his foresaids of the Lands and others above-mentioned or any Part or Portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the two foresaids Acts of Annexation and shall have the Force Strength and Effect of a general Law and Act of Parliament and shall be as valid and effectual to the said Iames Earl of Arran and his foresaids for their Security in the saids Lands of Cultness North-Berwick Goodtries and others above-exprest with the Pertinents as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors with Advice and Consent of Their Estates of Parliament in Favours of whatsoever Person at any time heretofore Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution is and shall not be understood to fall under or be comprehended in any Act Salvo Iure to be past in this or any other Session of this Current Parliament but is hereby excepted therefrom in all time coming It is always hereby Declared That this Act of Dissolution of the Lands of North-Berwick which did once belong to the said Thomas Stuart sometimes of Cultness shall not prejudge the Senators of the Colledge of Justice as to their Right and Interest in these Lands who are hereby Declared preferable for the same XXIX ACT of Dissolution in Favours of the late Earl of Tarras Iune 15. 1686. OUR SOVERAIGN LORD and Estates of Parliament taking into their Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty having proposed and expounded in plain Parliament the great benefite and advantage that did arise to the Crown and Government of this Kingdom by the full and sincere Confession made by Walter late Earl of Tarras of several Matters and Circumstances relating to the late horrid Conspiracy the Discovery whereof did in a great measure contribute towards the preventing the fatal Consequences and Effects which so apparently Threatned the Peace of His Majesties
Dominions As also the Promises and Assurances given to him at the time of the said Discovery of his Princes Bounty and Favour upon that account All which being proposed and laid open in plain Parliament to the end the three Estates might give his Majesty their Judgement Advice and Determination re integra whether the same were True Good and Reasonable Causes for Dissolving from the Crown the Lands of Robertoun Howcleuch and Borthwick-mains with the Pertinents which formerly appertained to the said Walter late Earl of Tarras and came in his Majesties Hands through the Doom and Sentence of Forefaulture given and pronounced against him before the Lords of His Majesties Justiciary upon the day of One thousand six hundred years and were annexed to the Crown by the 42 Act of the first Session of this Current Parliament And the saids Estates of Parliament after mature Deliberation and Treating and consulting anent the Premisses being fully satisfied and convinced that the particular Services done and performed by the said Walter late Earl of Tarras in his Confession and Discovery foresaid and the benefit and advantage thereby accruing to the Crown and Kingdom and the Promises and Assurances given to him of his Princes Bounty and Favour the Truth whereof is sufficiently known and was made appear to them are Just. Weighty and Important Causes concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom that they should Advise and Consent to His Majesties Giving and Disponing the saids Lands of Robertoun Howcleuch and Borthwick-mains with the Pertinents to the said Walter late Earl of Tarras his Heirs and Assigneys And for that effect that the same should be Dissolved from the Crown and from the foresaid Act of Annexation THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Decerns Ordains and Declares that the saids Lands of Robertoun Howcleuch and Borthwick-mains with the Pertinents may be Disponed to the said Walter late Earl of Tarras and his foresaids And for that effect has Dissolved and hereby Dissolves the same from the Crown and Patrimony thereof and from the foresaid Act of Annexation made the sixteenth day of Iune One thousand six hundred eighty five and from all other Acts of Annexation and from all Clauses Qualities and Conditions therein-contained And His Majesty with Advice and Consent foresaid Finds Decerns and Declares That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra And found by the saids Estates to be for Great Weighty and reasonable Causes concerning the Good Welfare and Publick Interest of the whole Kingdom first Proposed and Advised and maturely Pondered and Considered before any previous Grant or other Right or Deed Given made or Done by His Majesty In Favours of the said Walter late Earl of Tarras and his foresaids of the Lands and others above-mentioned or any Part or Portion of the same Does fully satisfie the whole Clauses Conditions and Qualifications contained in the foresaid Act of Annexation and shall have the Force Strength and Effect of a General Law or Act of Parliament and shall be al 's Valid and Effectual to the said Walter late Earl of Tarras and his foresaids for their Security of the Lands and others above-exprest as any other Act of Dissolution Granted by His Majesty or His Royal Ancestors With Advice and Consent of the Estates of Parliament in favours of whatsoever Person at any time heretofore Likeas His Majesty with Advice and Consent foresaid Finds Decerns and Declares that this present Act of Dissolution shal not be understood to fall under or be comprehended in any Act Salvo Iure to be past in this or any other Session of this Current Parliament but is hereby excepted therefrom in all time coming XXX ACT Anent the Measure of Bark Iune 15. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking to their Consideration the great prejudice that does arise through the uncertainty of the measure of Bark within this Kingdom Do Statute and Ordain That the constant measure of Bark in all time coming shall be as follows viz. That twenty two Gallons shall be the measure of one Boll of unbeaten Bark and so proportionally for lesser measures and that the Linlithgow Barly measure shall be the measure for all small beaten mallowie Bark And prohibites and Discharges all Persons whatsomever to make use of any other measures than the measures aforesaid in buying or selling of Bark in time coming under the pain of an hundred Pounds scots toties quoties beside the Forefaulture of the Bark so bought or sold. XXXI ACT In Favours of John Meikle Founder and others of that Trade Iune 15. 1686. HIS MAJESTY and Estates of Parliament taking to Consideration the great advantage that the Nation may have by the Trade of Founding lately brought into this Kingdom by Iohn Meikle for casting of Bells Cannons and others such useful Instruments Do for Encouragement to him and others in the same Trade Statute and Ordain That the same shall enjoy the benefit and priviledges of a Manufacture in all points as the other Manufactures newly Erected are allowed to have by the Laws and Acts of Parliament and that for the space of nineteen years next following the date hereof XXXII ACT Salvo I●re Cujuslibet Iune 15. 686. OUR SOVERAIGN LORD Taking to Consideration That there are several Acts of Ratifications and others past and made in this Session of Parliament in favours of particular persons without calling or hearing of such as may be thereby concerned or prejudged Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in manner foresaid shall not prejudge any third Party of their lawful Rights nor of their Actions and Defences competent thereupon before the making of the saids particular Acts and Acts of Ratifications And that the Lords of Session and all other Judges of this Kingdom shall be obliged to Judge betwixt Parties according to their several Rights standing in their Persons before the making of the saids Acts All which are hereby Exponed and Declared to have been made Salvo Iure Cujuslibet XXXIII ACT of Adjournment Iune 15. 1686. THE Kings Majesty Declares this Parliament Current and Adjourns the same to the 16 day of August next 1686. And Ordains all Members of Parliament to attend that Day And that there be no new Election of Commissioners from Shires or Burghs except upon the Death of some of the present Commissioners Collected and Extracted from the Registers and Records of Parliament by TARBAT Cls. Reg. A TABLE Of the Printed ACTS 1 ACT of Dissolution of the Lands of Cesnock and Duchal Pag. 3 2 Act for the better Inbringing of His Majesties Supply Pag. 5 3 Act Ordaining Interlocutors to be Subscribed by Judges Pag. 6 4 Act Ordaining all Executions to be Subscribed by the Witnesses without necessity of Stamping
Mccairter of Instremich Eiver Mceiver of Askins Donald Mcaveish of Dounarderrie Neil Campbel of Evaichan Campbel of Kildalban ohn Campbel of Dargathie Duncan Campbel of Cariedale Alexander Mcmillan of Dounie moir Donald Mcneil of Crear Alexander M●erterlich of Oib Alexander Campbel of Otter William Denholm of Westshiell Mr. Alexander Campbel Advocat Colin Campbel elder of Allangreig and Duncan Campbel younger thereof and Stuart younger of Cultness and which fell in His Majesties hands by the Forefaulture of the forenamed Persons And likewise the Lands and Barony of Melfort Comprehending the Superiorities and Feu-Duties of the Land of Rayra and the Isle of Loung The Lands of Torsay The Lands and Isle of Shennay the Lands of Lagianeish Armadie Auchnasoul Ragray and of many other Lands particularly mentioned in the Charter thereof Granted by His Majesty under His Majesties Great Seal to the said John Viscount of Melfort of the Date the day of One thousand six hundred eighty five years Which Superiorities and Feu-Duties pertained formerly to Archibald Campbel late Earl of Argile and fell in His Majesties hands by his Forefaulture excepting only the Superiorities and Feu-Duties of Glen-Ila Balquhan Spittletoun Ednample and Menstrie which are reserved to the said Viscount of Melfort And also Considering that in pursuance of the Design and Intent of the said Act of Dissolution and in Prosecution thereof The Kings most Excellent Majesty and the said John Viscount of Melfort have entered into and perfected a Contract of the Date the 24. and 28 days of May One thousand six hundred eighty six years whereby His Majesty hath Disponed to the Viscount of Melfort and his Heirs therein mentioned The Lands and Baronies of Riccartoun Cesnock and others above-exprest And on the other part The said Viscount of Melfort hath Disponed in favours of Our Soveraign Lord the Kings Majesty and Resigned in His Majesties hands ad remanentiam The Lands and Baronies of Muirhall and Melfort Comprehending the whole Lands Superiorities and Feu-Duties above-specified excepting and reserving to the said Viscount of Melfort as is before excepted and Reserved And His Majesty now intending That the Lands Baronies and others Disponed and Resigned by the Viscount of Melfort in favours of His Majesty should be annexed to the Crown and Incorporat with the Patrimony thereof THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Has Annexed United and Incorporat and hereby Units Annexes and Incorporats to the Crown of this His ancient Kingdom to remain inseparable therewith in all time coming The Lands and Barony of Muirhall Comprehending the whole Lands and others above-mentioned viz. The Lands of Inverneil Killmore Dounanoltich Craigmuirhall Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knap Kilmore Kilberrie Auchinsalloch Instremich Barleamich Dounarderie Eunichan Kildalban Dargachie Cariedale Drumoir Crear Oib Muirhall and remanent Lends Teinds and Rights mentioned in the foresaid Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort and likewise The foresaids Lands and Barony of Melfort Comprehending the Superiorities and the Feu-Duties of the Lands of Rayra and the Isle of Loung the Lands of Torsay the Lands and Isle of Shenney the Lands of Dagneish Ardmadie Auchnasoul Ragray and whole remanent Lands particularly mentioned in the Charter thereof granted by His Majesty under His Majesties Great Seal to the said Iohn Viscount of Melfort Excepting only the foresaid Superiorities and Feu-Duties of Glen-Isla Balquhan Spittletoun of Balquhan Ednample and Menstrie which are reserved to the said Viscount of Melfort And it is hereby Statute and Declared That the saids Lands Baronies and others above-mentioned with the Teinds thereof excepting as is before excepted shall remain with His Majesties Crown in all time coming and that the same or any part thereof shall not nor may not be given away in Fee and Heretage nor in Frank-Tenement Liferent-pension or Tack except for the full Duty which may be gotten from and payed by the Tennents or by any other manner of Alienation Right or Disposition whatsomever to any Person or Persons of whatsomever Estate Degree or quality they be without Advice Decreet and Deliberation of the whole Parliament and for great weighty and reasonable Causes concerning the good wellfare and publick Interest of the whole Kingdom First to be proposed and to be Advised and maturely Pondered and Considered by the Estates re integra before any previous Grant Right or Deed be Given Made or Done by His Majesty or His Successors concerning the Disposition of the saids Baronies and others foresaids or any part thereof which may any ways predetermin them or the Estates of Parliament and prejudge the freedom of their Deliberation and Consent And if at any time hereafter it shall be thought fit to Dispon or Grant any Right of any Part of the saids Lands Superiorities Offices Teinds and others It is Declared That the general Narrative of Good Services Weighty Causes and Considerations shall not be sufficient But the particular Causes and Considerations whereupon His Majesty and His Successors may be induced to Grant and the Estates to Consent to such Rights are to be exprest that it may appear That the same is not granted thorow importunity or upon privat suggestions or pretences But for True Just and Reasonable Causes and Considerations of publick Concernment And farther It is Declared That if any general Act of Dissolution of His Majesties Property shall be made at any time hereafter The Lands Baronies and others above-mentioned now annexed shall not be understood to Fall or be Comprehended under the same and if the Lands and others foresaids hereby Annexed or any Part thereof shall be Annalzied or Disponed or any Right of the same shall be Granted otherways than is appointed and Ordained in manner above-mentioned His Majesty with Consent foresaid Doth Statute and Declare That all Dispositions Infeftments and other Rights of the saids Lands and others now annexed or any Part thereof which shall be granted contrary to this present Act with all Acts of Dissolution and Ratification and other Acts of Parliament concerning the same shall be from the beginning and in all time thereafter void null and of no effect And notwithstanding thereof It shall be lawful to Our Soveraign Lord and His Successors for the time To take back and receive at their pleasure for their own use without any Process of Law The Lands and others above-rehearsed hereby annexed or any part thereof which shall be Annallzied or Disponed and these in whose Favours any such Rights or Alienations shall be made shall be accomptable for and lyable to Refound and pay all Profits Intromissions or Benefits taken uplifted or imployed by them in the mean time and it is Declared That all other Clauses Articles and Provisions contained in any former Act or Acts of Annexation to the advantage of His Majesty and His Crown are and shall be holden as repeated and insert herein Likeas His Majesty with Advice and Consent of the Estates of Parliament Doth