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

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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
of every State shal be an sufficient Quorum who being present at the down-sitting and constituting of the Meeting the withdrawing of one or more of any of the three States after constituting of the Meeting shal not breach the Quorum seven of the Commissioners of the other State or States being still present without prejudice to the Officers of State to be still Members of the said Commission tho the presence of one or more of them be not necessary to constitute the foresaid Quorum And His Majesty with consent foresaid does hereby Ratify and Approve the Twenty fourth Act of the Fourth Session and Thirtieth Act of the Second Session of this current Parliament in the hail Heads Articles and Clauses thereof excepting in so far as the samen is innovat be this present Act And the saids Commissioners are hereby appointed to meet every Wednesday in the afternoon during the sitting of the Session XIX ACT anent the Duty on Scots Muslin Iuly 5. 1695. OUR SOVERAIGN LORD with Advice and consent of the Estates of Parliament Statute and Ordain That in all time coming all Muslin plain or stript or Camrick and all sorts of Linen under whatsomever Name or Designation Manufactored within the Kingdom shal at the exporting thereof pay Custom only as Scots Linen conform to the Book of Rates XX. ACT Anent the Post-Office Iuly 5. 1695. OUR SOVERAIGN LORD considering that for the Maintainance of Mutual Correspondence and preventing of many Inconveniences that happen by privat Posts several publick Post-Offices have been heretofore erected for Carrying and Receiving of Letters by Posts to and from most parts and places of this Kingdom and that the well ordering thereof is a Matter of general Concern and of great Advantage as well for the Conveniences of Trade and Commerce as otherways and to the end that speedy and safe Dispatches may be had and that the best Means for that end will be the Settling and Establishing a General Post-Office Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes Ordains and Appoints an General Post-Office to be be keeped within the City of Edinburgh from whence all Letters and Pacquets whatsoever may be with Speed and Expedition sent into any part of the Kingdom or any other of His Majesties Dominions or into any Kingdom or Countrey beyond Seas by the Pacquet that goes Sealed for London at which said Office all Returns and Answers may be likeways received as also that a Master of the said General-Letter-Office shall be from time to time appointed by His Majesty His Heirs and Sucessors by Letters Patents under the Privy Seal of this Kingdom by the Name and Title of His Majesties Post-Master-General or otherways that the said Office may be set in Tack by the Lords of His Majesties Thesaury and Exchequer as His Majesty and His saids Successors shall think most expedient And that the said Master of the said Office or Tacks-man for the time respectively and his Deput or Deputs authorized by him for that effect and his and their Servants and no other person or persons whatsoever shall from time to time have the Receiving Taking up or Ordering Dispatching Sending Posts with Speed and Delivering of all Letters and Pacquets whatsoever which shall from time to time be sent to and from all and every the parts and places of this Kingdom to and from His Majesties Dominions or places beyond Seas where he shall Settle or cause to be Settled Posts or running Messengers for that purpose Excepting such Letters as are sent by any person or persons to and from any place within this Kingdom by their own Servants or by Express sent on purpose about their own Affairs and Letters directed along with and relating to Goods sent or to be returned by common Carriers allenarly And where Post-Offices are not erected and Posts settled His Majesty with Consent foresaid allows the Custom of sending by Carriers or others as formerly ay and while such Offices be established and no longer And farder His Majesty with Advice and Consent foresaid Statutes and Enacts that the said Post-Master-General or Tacks-man and their respective Deputs and Substitutes and no other person or persons whatsoever shall provide and have in readiness sufficient Horses and Furniture for ryding Post to all persons ryding to and from all the parts and places of Scotland where any Post Roads are or shal be settled and established But prejudice to the use of hyring of Horses which are not to ride Post as formerly And sicklike His Majesty with Advice and Consent foresaid Statutes Enacts and Ordains that it shall be lawful for the said Post-master General or Tacks-man and their saids Deputs to ask exact and receive for the Portage and Convoyance of all such Letters which he or they shall so Convoy Carry or send Post as aforesaid and for providing and furnishing Horses for ryding Post as aforesaid according to the several Ra●es and Sums after-mentioned which they are not to exceed viz. all single Letters to Berwick or any part within fifty Miles of Edinburgh two shilling double four shilling and so proportionally all single Letters to any place above fifty Miles and not exceeding a hundred Miles to pay three shilling double six shilling and so proportionally all single Letters to any place in Scotland above a hundred Miles to pay four shilling double eight shilling and so proportionally Declaring nevertheless that all single Letters with Bills of Loadning or Exchange Envoys or other Merchant Accompts inclosed and sent to any place within the Kingdom shall be onely considered as single Leters all Pacquets of Papers to pay each one as triple Letters And it shall be lawful for the said Post-Master-General Tacks-man and their Deputs to ask exact take and receive from every person to whom he or they shall furnish Horses Furniture and Guide for ryding Post in any of the Post Roads aforesaid three shilling Scots for ilk Horse hire for Postage for every Scots Mile And in like manner His Majesty with Advice and Consent foresaid strictly Prohibits and Discharges all other person or persons whatsoever as well single as Bodies Pollitick or Incorporat excepting the said Post-Master-General or Tacks-man and their Deputs and the Servants of Noblemen Gentlemen and others in the Cases particularly above-excepted allenarly to carry receive or deliver any Letters for hire or to set up or imploy any Foot Post Horse Post or to settle Post-Masters within their Jurisdictions under the penalty of twenty Pounds Scots for every Transgression and an hundred Pounds Scots for each Moneths Continuance thereof after Intimation be is made to them in the contrair and the saids penalties to be pursued for before any Judge competent the one half thereof to be applyed for the use of the Informer and the other half for the use of the said Post-Master-General or Tacks-man respective and that no common Carrier presume to carry any Letters to or from any places within this Kingdom where
Post-Offices are settled excepting the case aforesaid Certifying all such as do in the contrary that upon Seizure of any such Carrier with the Letters about him or being convicted thereof before any Judge competent he shall be imprisoned six days for ilk fault and fyned in the Sum of six Pounds Scots toties quoties And because it is not onely expedient for His Majesties Government but likeways for the Advancement of the Trade of this Kingdom that a settled Correspondence by Weekly Posts be established with His Majesties Subjects in the Kingdom of Ireland and that the said Kingdom of Ireland will not be at the expense for maintaining the Pacquet Boats for passing to and from this Kingdom Therefore His Majesty with Advice and Consent foresaid Ordains and Appoints the said General-Post-Master or Tacks-man to keep and maintain Pacquet Boats to go Weekly Wind and Weather serving from Port-Patrick in this Kingdom to Donachadee in Ireland to carry and receive all Letters to be sent betwixt this Kingdom and the Kingdom of Ireland and that the expense bestowed on these Pacquet Boats be allowed to the said General-Post-Master or Tacks-man in part of his Intromissions with the profits of the said general-General-Letter Office or out of the Tack Duty when the same is set in Tack or Farmed not exceeding the sum of sixty Pounds Sterling Money Yearly And His Majesty with Consent foresaid Ordains and Commands all the Sheriffs Stewarts Baillies of Regalities or Royalties Magistrats of Royal Burghs Justices of Peace and all other Judges and Magistrats whatsoever al 's well in Burgh a● Landward to concur with and assist the Post-Master-General Tacks-man and their Deputs in the Discharging of his Trust for rendring this Act effectual for the ends above-written and putting the same to all due and lawful execution within their respective bounds And His Majesty with Consent foresaid Statutes and Ordains that no person or persons of whatsoever Degree or Quality presume to stop molest hinder or impede the several Posts al 's well Foot Posts as Horse Posts authorized by or bearing Warrand from the said Post-Master-General Tacks-man or their Successors in Office by night or by day under the pain and penalty of one thousand Pound Scots attour the Reparation of the Damnages to any Party lesed thereby far less to detain rob or take away any Pacquets under the pains contained in the Acts of Parliament And His Majesty with Consent foresaid Ordains and Appoints the said Post-Master-General Tacks-man and his said Deputs and their Successors in their several Offices to take the Oath of Allegiance and subscribe the same with the Assurance appointed to be taken by all persons in publick Trust by the third Act of the third Session of this current Parliament And His Majesty with Consent foresaid Ordains General Letters to be directed at the Instance of the said General-Post-Master or Tacks-man and their Successors in Office against their several Deputs for the Tack-Duties of their respective Offices as is allowed for In-bringing any part of His Majesties Revenue And Lastly the Lords of His Majesties Privy Council are hereby Authorized and Impowered to take care that particular Post-Offices be established over all the Kingdom at places most convenient and the times of parting of Posts with Letters and of their running be duly settled and published And generally that this Act be punctually observed and execute and do all other things to make the same effectual for the true end and intent thereof And Ordains this present Act to be Published and Printed that none may pretend ignorance XXI Explanatory Act anent the Excise of Brandy Iuly 5. 1695 FORASMUCH AS many Actions have been Commenced and Pursued before the Lords Commissioners of Thesaury and Exchequer to the great Vexation and Expense of the Leidges anent the Meaning of the Act of Parliament first of December 1673 Intituled Act concerning the Importation and Excise of Brandy by which Act six Shilling Scots are imposed upon each Pint to be payed by the Retailers in small 's and under pretence of the word Retailers in the said Act the Sub-taxmen and Collectors have forced the Leidges to pay for the same two or three times and the Merchants Importers have been likewise charged therefore notwitstanding that by the said Act Retailers are onely lyable For remeid of which OUR SOVERAIGN LORD with Consent of the Estates of Parliament does hereby Declare that the six Shilling upon the Pint of Brandy shall hereafter be payable onely by Toppers and Retailers in small 's who sell Brandy by Pints Gills and lesser Quantities than Pints in Taverns Shops Cellars and the like where the same is immediatly consumed and by no others notwithstanding of any former Practice in the contrair XXII ACT Against Intruding into Churches without a Legal Call and Admission thereto Iuly 5. 1695. OUR SOVERAIGN LORD Considering that Ministers and Preachers their Intruding themselves into vacant Churches Possessing of Manses and Benefices and Exercing any part of the Ministerial Function in Paroches without a Legal Call and Admission to the saids Churches is an high Contempt of the Law and of a dangerous Consequence tending to perpetuat Schism Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Declares that whoever hereafter shall intrude themselves into any Church or shall Possess Manse or Benefice or shall Exercise any part of the Ministerial Function within any Paroch without an orderly Call from the Heretors and Eldership and Legal Admission from the Presbytry within whose bounds it lies shall be incapable of enjoying any Church or Stipend or Benefice within this Kingdom for the space of seven years after their Removeal from the Church and quiting Possession of the Stipend and Benefice into which they intruded Likeas His Majesty with Advice and Consent foresaid does hereby remit the Execution of this present Act to Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs and to Magistrats of Burrows Royal who are hereby Authorized and Required to remove and declare incapable ut supra all these who shall hereafter intrude into Churches within their respective Jurisdictions upon Complaint from the Presbytry or any person having Warrand from the Presbytry within whose bounds the saids Intrusions shall happen to be made hereafter and that upon Citation of ten days Ordaining hereby Letters of Horning and Caption to be direct in communi forma upon Decreets to be given by the saids inferior Judges for compelling the saids Intruders to remove from the saids Churches and Manses and to quite Possession of the saids Stipends and Benefices and to desist and cease from Exercing any Ministerial Acts within the saids Paroches into which they shall hereafter intrude Likeas His Majesty doeth hereby Recommend to the Lords of His Majesties Privy Council to remove all these who have already since the Establishment of this present Church Government intruded into Vacant Churches without an orderly Call from the Heretors and Eldership of
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 Session● 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
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
the Protestant Religion the Laws and Liberties of this Kingdom in case Iames then Duke of York would succeed to the Crown and of the Ways and Methods then talked of in England and such as might be taken in Scotland for preventing the same and for his exclusion from Succession to the Crown are weak and frivolous Pretences to infer the Crime of Treason As Likewise that the Probation wa● lame defective seing it did confe●● of the Depositions and Testimonies of Persons who a little before hade been accused of the same pretended Crimes and who after submission made and when their Lives and Fortunes were at the late Kings Mercy had predetermined themselves by their Confessions and Depositions then emitted For albeit they were secured as to their Lives when they deponed before the Parliament yet they having emitted their Declarations when they were under the fear and apprehension of being Forefaulted themselves and when they renewed their Confessions before the Parliament they could make no alteration unless they had declared themselves to be perjured they having only adhered to the very same Testimonies formerly emitted by them except the Earl of Tarras who depons of new and not upon his Declaration formerly emitted but proves nothing against the said Sir Patrick Home And also considering that there is nothing proven by the Witnesses in habit as they were against the said Sir Patrick of his being upon or privy to any Design or Contrivance against the Person and Life of King Charles the Second and that the Testimonies do not concur and agree in any particular Fact which by the Common Law or Custom could infer the Crime of Treason against the said Sir Patrick And likeways having considered the Act of Adjournal of the Justice Court of the date the day of One thousand six hundred eighty years upon which the said Sir Patrick Home was denounced Fugitive for not compearance and that there was no relaxation raised until a few Days before the dyet of Compearance in Parliament though neither he had the offer of an Indemnity nor was for the time in open Rebellion so that he had not tutus accessus and that the saids pretended Crimes lybelled in the said Act of Adjournal are the same contained in the foresaid Sentence of Forefaulture before the Parliament Therefore Their Majesties with Advice and Consent of the Estates of Parliament Do hereby by way of Justice Rescind Retreit Cass and Annull the foresaid Decreet and Sentence of Forefaulture pronounced against the said Sir Patrick Home and all Gifts of Forefaulture if any be granted by the late King Iames of the said Sir Patrick his Estate or any part thereof to any Person or Persons whatsomever And the foresaid Act of Adjournal with all that has followed or may follow thereupon And declares the said Decreet and Sentence of Forefaulture and Act of Adjournal to have been from the beginning to be now and in all time coming void null and of no avail force strength nor effect and restores the said Sir Patrick Home his Children and Posterity against the same in integrum and Rehabilitating them to their Blood-right and Benefit of Succession Name and Fame sick-like and as freely in all respects as if the said Decreet and Doom of Forfaulture had never been given nor pronounced Rescinding hereby the Act of Annexation of the said Sir Patrick his Estate to the Crown and dissolving the same therefrae As also Their Majesties with Consent foresaid Decerns and Ordains all the Intrometters with the Lands Rents Goods and Gear or other Estate moveable or immoveable pertaining and belonging to the said Sir Patrick Home to be lyable for and refound the famine to him his Heirs Executors or Assigneys and that Letters may be direct for that effect in Form as effeirs And their Majesties and Estates of Parliament Statute and Ordain that this present Act shal have full force strength and effect of a publick Law in favours of the said Sir Patrick Home and others aforesaid And it is hereby Declared That this present Act is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament ACT Dissolving Sir Patrick Home of Polwarth his Estate from the Crown Iuly 22. 1690. FOrasmuch as by an Act and Sentence of this present Parliament the Doom and Sentence of Forefaulture pronounced in anno One thousand six hundred eighty and five against Sir Patrick Home of Polwarth is ex Iustitia Reduced and Rescinded and that by an Act of the Sixteenth of Iune One thousand six hundred eighty and five the Estate and Lands belonging to the said Sir Patrick Home were formerly annexed to the Crown Which Act of annexation is now also by the said Act Reductive in his Favours Rescinded and declared void Therefore and for the said Sir Patrick his more full and effectual Restitution and without any derogation to the said Act Reductive in his Favours but accumulating Rights to Rights Our Soveraign Lord and Lady the King and Queens Majesties with Advice and Consent of the Estates of Parliament have dissolved and hereby dissolves from the Crown and Patrimony thereof the Lands and Barrony of Polwarth the Lands and Barrony of Grein-Law and Reid-Path with the Right of Patronages and whole Pertinents thereof And Lands of with all other Lands Rights and Estate pertaining to the said Sir Patrick Home and that in Favours of the said Sir Patrick himself that he may bruick and enjoy the same as if he himself had never been forefaulted or as if the saids Lands and Estate had never been annexed Declaring that this present Act shal have the strength and effect of a General Law and Act of Parliament and shal be al 's Valid and Effectual to the said Sir Patrick his Heirs and Successors for their Security of the whole Premisses as any other Act of Dissolution made and enacted at any time bygone in Favours of whatsomever Person and conform to all the Conditions required by Law in Acts of that Nature And farder that this present Act of Dissolution is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament Extracted furth of the Records of Parliament by George Viscount of Tarbat Lord M cLeod and Castlehaven c. Clerk to the Parliament and to his Majesties Councils Registers and Rolls