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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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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
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
this Kingdom or from any other parts or places in Amity or not in Hostility with His Majesty in Warlike or other manner to any Lands Islands Countreys or Places in Asia Affrica or America and there to Plant Collonies build Cities Towns or Forts in or upon the places not Inhabited or in or upon any other place by consent of the Natives and Inhabitants thereof and not possest by any European Soveraign Potentate Prince or State and to provide and furnish the foresaid Places Cities Towns or Forts with Magazines Ordinances Arms Weapons Ammunition and stores of War and by force of Arms to de end their Trade and Navigation Collonies Cities Towns Forts and Plantations and other their effects whatsoever as also to make Reprisals and to seek and take Reparation of Damnage done by Sea or by Land and to make and conclude Treaties of Peace and Commerce with the Soveraigns Princes Estates Rulers Governours or Proprietors of the foresaid Lands Islands Countreys or Places in Asia Affrica or America Providing always Likeas It is hereby specially provided that all Ships imployed by them shall return to this Kingdom with their effects under the pain of Confiscation Forefaulture and Seizure of the Ship and Goods in case of breaking of Bulk before their Return excepting the case of Necessity for preserving the Ship Company and Loadning allanerly And His Majesty with Consent foresaid doth farder Statute and Ordain that none of the Leidges of this Kingdom shall or may Trade or Navigat to any Lands Islands Countreys or Places in Asia or Affrica in any time hereafter or in America for and during the space of thirty one years to be counted from the passing of this present Act without License and Permission in writing from the said Company Certifying all such as shall do in the contrair hereof that they shall Forefault and Omit the third part of the Ship or Ships and of the Cargo or Cargoes therein Imployed or the Value thereof the one hal to His Majesty as Escheat and the other half to the Use and Benefit of the said Company For the effectual Execution whereof it shall be lawful to the said Company or any Imployed by them to Seize the saids Ships and Goods in any place of Asia or Affrica or at Sea upon the Coasts of Asia or Affrica upon the transgression foresaid by force of Arms and at their own hand and that without the hazard of incurring any Crime or Delinquency whatsomever on account of the said Seizure or any thing necessarly done in Prosecution thereof excepting always and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat During the said space to any part of America where the Collonies Plantations or Possessions of the said Company shall not be settled And it is further hereby Enacted that the said Company shal have the Free and Absolute Right and Property onely Relieving and Holding of His Majesty and His Successors in Soveraignity for the onely acknowledgment of their Allegeance and paying yearly a Hogshead of Tobacco in name of Blench-duty if required allanerly in and to all such Lands Islands Collonies Cities Towns Forts and Plantations that they shall come to Establish or Possess in manner foresaid As also to all manner of Treasures Wealth Riches Profits Mines Minerals Fishings with the whole Product and Benefit thereof as well under as above the Ground and as well in Rivers and Seas as in the Lands thereto belonging or from or by reason of the same in any sort together with the Right of Government and Admirality thereof and that the said Company may by vertue hereof grant and delegat such Rights Properties Powers and Imunities and permit and allow such sort of Trade Commerce and Navigation into their Plantations Collonies Cities Towns or Places of their Possession as the said Company from time to time shall judge fit and convenient VVith power to them to impose and exact such Customs and other Duties upon and from themselves and others Treading with and coming to the said Plantations Cities Towns Places and Ports and Harbours thereof as the Company shal think needful for the maintainance and other publick uses of the same Holding always and to hold the whole Premisses of His Majesty and his Successors Kings of Scotland as Soveraigns thereof and paying only for the same their acknowledgement and allegeance with a Hogshead of Tobacco yearly in name of Blench Duty if required for all other Duty Service Claim or Demand whatsomever With power and liberty to the said Company to Treat for and to procure and purchase such Rights Liberties Priviledges Exemptions and other Grants as may be convenient for supporting promoting and enlarging their Trade and Navigation from any foreign potentate or Prince whatsoever in amity with his Majesty for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates Princes or States shal serve for sufficient Security Warrand and Authority and if contrair to the saids Rights Liberties Priviledges Exemptions Grants or Agreements any of the Ships Goods Merchandise Persons or other Effects whatsoever belonging to the said Company shal be slopt detained embazled or away taken or in any sort prejudged or damnified His Majesty promises to interpose his Authority to have restitution reparation and satisfaction made for the Dammage done and that upon the publick Charge which His Majesty shal cause depurse and lay out for that Effect And farder it is hereby Statute that all Ships Vessels Merchandise Goods and other Effects whatsoever belonging to the said Company shal be free of all manner of Restraints or Prohibitions and of all Customs Taxes Cesses Supplies or other Duties Imposed or to be Imposed by Act of Parliament or otherwise for and during the space of twenty one years excepting alwise the whole Duties of Tobacco and Suggar that are not of the Growth of the Plantations of the said Company And farder it is Enacted that the said Company by Commission under their common Seal or otherwise as they shal appoint may make and constitute all and every their Directors Governours and Commanders in Chief and other Officers Civil or Military by Sea or by Land As likewise that the said Company may Inlist Inroll Agree and Retain all such persons Subjects of this Kingdom or others whatsoever as shal be willing and consent to enter in their Service or Pay providing always that they Uplift or Levy none within the Kingdom to be Soldiers without Leave or Warrand first obtained from His Majesty or the Lords of His Privy Council over which Directors Governours Commanders in Chief or other Officers Civil or Military and others whatsoever in their Service and Pay the Company shal have the Power Command and Disposition both by Sea and Land And it is farder Statute That no Officer Civil or Military or other Person whatsoever within this Kingdom shal Impress Entertain Stop or Detain any of the Members Officers Servants or others whatsoever off or belonging to
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
the Paroch and a Legal Admission from the Presbytry within whose bounds the saids Churches lies As also to take some effectual Course for stopping and hindering these Ministers who are or shall be hereafter Deposed by the Judicatories of this present established Church from Preaching or Exercising any Act of their Ministerial Function which they cannot do after they are Deposed without a high Contempt of the Authority of the Church and of the Laws of the Kingdom establishing the same XXIII ACT Anent Lands lying Run-rig Iuly 5. 1695. OUR SOVERAIGN LORD and the Estates of Parliament taking into their Consideration the great Disadvantage arising to the who●e Subjects from Lands lying run-rig and that the same is highly prejudicial to the Policy and Improvement of the Natio● by Planting and Inclosing conform to the several Laws and Acts of Parliament of before made thereanent For remeid His Majesty with the Advice and Consent of the said Estates Statutes and Ordains that wherever Lands of different Heretors ly run-rig it shall be Leisum to either Party to apply to the Sheriffs Stewarts and Lords of Regality or Justices of Peace of the several Shires where the Lands ly to the effect that these Lands may be divided according to their respective Interests who are hereby Appointed and Authorized for that effect and that after due and lawful Citation of all Parties concerned at an certain day to be prefixed by the said Judge or Judges It is always hereby Declared that the saids Judges in making the foresaid Division shall be and are hereby restricted so as special regard may be had to the Mansion-Houses of the respective Heretors and that there may be allowed and adjudged to them the respective parts of the Division as shall be most commodious to their respective Mansion-Houses and Policy and which shall not be applicable to the other adjacent Heretors As also it is hereby Provided and Declared that thir Presents shall not be extended to the Burrow and Incorporat Acres but that notwithstanding hereof the same shall remain with the Heretors to whom they do belong as if no such Act had been made XXIV ACT for Obviating the Frauds of appearand Heirs Iuly 10. 1695. OUR SOVERAIGN LORD Considering the frequent Frauds and Disappointments that Creditors do suffer upon the Decease of their Debitors and through the Contrivances of appearand Heirs in their prejudice For Remeid thereof and also for facilitating the Transmission of Heretage in Favours of both Heirs and Creditors His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That if any man since the first of Ianuary One thousand six hundred and sixty one have served or shal hereafter serve himself Heir or by Adjudication on his own Bond hath since the time foresaid succeeded or shal hereafter succeed not to his immediate Predecessor but to one remoter as passing by his Father to his Goodsire or the like then and in that Case he shal be lyable for the Debts and Deeds of the Person interjected to whom he was appearand Heir and who was in the Possession of the Lands and Estate to which he is served for the space of three years and that in so far as may extend to the value of the said Lands and Estate and no further deducing the Debts already payed As also with this order as to the time past that all the true and lawful Debts of the appearand Heir entering as said is and already contracted with the true and real Debts of the Predecessor to whom he enters shal be preferred in the first place As also His Majesty with Advice and Consent foresaid Statutes and Ordains That if any appearand Heir for hereafter shal without being lawfully served or entered Heir either enter to possess his Predecessors Estate or any part thereof or shal purchase by himself or any other to his Behoove any Right hereto or to any Legal Diligence or other Right affecting the same whether Redeemable or Irredeemable otherwise than the said Estate is exposed to a lawful publick Roup and as the highest Offerer thereat without any Collusion his foresaid Possession or Purchase shal be repute a behaviour as Heir and a sufficient passive Title to make him represent his Predecessor universally and to be lyable for all his Debts and Deeds sicklike as if the said appearand Heir possessing or purchasing as said is were lawfully served and entered Heir to his said Predecessor Declaring always Likeas it is hereby declared that the said appearand Heir may bring the said Estate to a Roup whether the Estate be Bankrupt or not And it is further Statute that where Rights or Legal Diligences affecting their Predecessors Estates shal be found settled in the Person of any such near Relation to whom the appearand Heir to the foresaid Predecessor may also succeed as Heir the appearand Heirs possessing by vertue of the said Rights and Diligences except upon Lawful Purchase by publick Roup as said is shal not only be a passive Title but the said Rights and Diligences in the Person of the said near Relation shal only be sustained as valid to exclude the Predecessors Creditors in so far as can be qualified and instructed that these Rights and Diligences were truly and honestly purchased for payment of Sums of Money and no further And moreover His Majesty with Advice and Consent foresaid Statutes and Ordains That for hereafter any appearand Heir shal have free liberty and access to enter to his Predecessors cum beneficio inventarii or upon Inventary as use is in Executories and Moveables allowing still to the said appearand Heir year and day to deliberate in which time he may make up the foresaid Inventary which he is to give up upon Oath full and particular as to all Lands Houses Annualrents or other Heretable Rights whatsoever to which the said appearand Heir may or pretends to succeed which Inventary to be subscribed by him before Witnesses duly insert and designed shal be given in to the Clerk of the Sheriff Court of the Shire where the Defuncts Lands and Heretage lye or in case the Defunct had no Lands or Heretage requiring Seasin to the Clerk of the Shire where the Defunct deceased To which Inventary the Sheriff or Sheriff-Deput with the Clerk of the Court shal also subscribe in Judgement and record the same in their Registers and give Extracts thereof for all which the upgiver of the said Inventary shal pay no more to the Court and Clerk thereof on any account than the ordinary price of Extracts in that Court for an extract of the said Inventary and this Inventary is to be given in recorded and extracted as said is within the said year and day to deliberat and thereafter the foresaid Extract thereof shal within fourty days after the expiration of the said year and day be again presented and registrated in the Books of Council and Session in a particular Register to be appointed by the Clerk Register for that effect
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