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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
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
Church Iuly 16. 1695. OUR SOVERAIGN LORD Being sensible of the Hurt and Mischief that may Ensue upon the exposing of the Peoples Minds to the Influence of such Ministers who refuse to give the Proofs required by Law of their Good Affection to the Government And withal desirous that in the first place all gentle and easie Methods should be used to reclaim men to their Duty whereby the present Establishment of this Church may be more happily preserved the knowledge of the Truth with the practice of true Piety more successfully advanced and the peace and quiet of the Kingdom more effectually settled Hath thought good to allow and with Advice and Consent of the Estates of Parliament hereby allowes to all Ministers that were at the time of His Majesties happy Accession to the Crown and have since continued actual Ministers in particular Paroches and no Sentence either of Deposition or Deprivation past against them and have not yet Qualified themselves conform to the Act of Parliament 1693 Intituled Act for taking the Oath of Allegiance and the Assurance a new and farther day viz. the first of September in this present year 1695 to come in and take the said Oath of Allegiance and to subscribe the same with the Assurance betwixt and the said day and that either before the Sheriff or Sheriff-Deput of the Shires or the Provost or Baillies of the respective Burghs or any other Inferior Magistrat of the bounds where they live or before any Privy Counsellor with a Certificat under the hand of the said Inferior Judges or Privy Counsellor to be reported to the Lords of His Majesties Privy Council or their Clerk within the space of twenty one days after the date of the said Certificat Declaring that all such as shal duely come in and qualify themselves as said is and shal behave themselves worthily in Doctrine Life and Conversation as becomes Ministers of the Gospel shall have and enjoy His Majesties Protection as to their respective Kirks and Benefices or Stipends they always containing themselves within the Limits of their Pastoral Charge within their said Paroches without offering to Exerce any power either of Licensing or Ordaining Ministers or any part of Government in General Assemblies Synods or Presbytries unless they be first duely assumed by a competent Church Judicatory in which Case it is hereby farder Declared that the foresaid Ministers first qualifying themselves as above may be assumed by the respective Church Judicatories to which they belong and shall apply to partake with them in the present Established Government thereof Providing nevertheless that as the said Ministers who shal qualifie themselves as said is are left free to apply or not to the foresaid Church Judicatories So the said Church Judicatores are hereby also Declared free to assume or not assume the foresaids Ministers though qualified as they shall see cause WITH CERTIFICATION that such of the said Ministers as shall not come in betwixt and the said day are hereby and by the force of this present Act ipso facto Depriof their respective Kirks and Stipends and the same Declared vacant without any further Sentence And His Majesty being purposed that His Grace shall be still patent to all doeth further Declare and Statute with Consent foresaid that at what time soever any Minister either settled in a Church or not shall upon application be judged fit to be assumed by any competent Church Judicatory as said is the foresaid Minister upon a Certificat thereof from the said Judicatory shall be admitted and allowed to qualify himself by taking the Oath of Allegiance and subscribing the same with the Assurance in manner foresaid albeit the said first of September be past and elapsed And His Majesty with Consent foresaid Allows Declares and Statutes as above any thing in the foresaid Act 1693 or in the other Act of the same Session of Parliament Intituled Act for Settling the Quiet and Peace of the Church notwithstanding And His Majesty with Consent foresaid for the greater encouragement of all Ministers of the Gospel not only ratifies the Act of Parliament 1669 forbidding all Suspensions of special Decreets and Charges for Ministers Stipends or the Rents of their Benefices except on production of Discarges or upon Consignation in manner therein provided But further Statutes and Ordains that there be no Advocation or Sist of Process granted of Actions for the said Stipends or Rents of Benefices when pursued before Inferior Judges and that in the case of a Decreet there be neither Suspension nor Sist of Execution granted except on production of clear Discharges or Consignation as said is and if any Suspension be past that the same be summerly discussed at the Instance of the Charger without abiding the Order and Course of the Roll And that if the Letters be found orderly proceeded the Suspender be also Decerned at least in a fifth part more than the Sums charged for with what more the Lords shall judge reasonable to be payed to the Charger for his Expense and Damnage and if any Minister shall happen to pursue for his Stipend by way of ordinary Action before the Lords it is hereby farther Ordained that the same be summarly proceeded in and discussed without abiding the Course of the Roll. And Lastly for a more ample Declaration of an Act made in this Session of Parliament for encouraging of Preachers at Vacant Churches be North Forth His Majesty with Consent foresaid extends the same not only to Preachers who are not settled in Churches but also to such Ministers who though settled in Churches are yet sent from time to time from any Presbytry or Synod of this Church without their own Presbytry to supply the said Vacancies to the effect that the said Ministers settled as well as the said Preachers not settled may equally have the benefit of the said Act in the terms thereof XXVIII ACT For the Additional and Annexed Excises Iuly 16. 1695. THE Estates of Parliament taking to their Consideration that for the Maintaining of the present standing Forces and the necessary Defence of the Kingdom and Coasts thereof against the Dangers that continue to threaten from the present War an Additional Fond to the Supplies already given in this present Session of Parliament is requisit Do therefore for the said Fond and over and above the Excise of two merks upon the Boll of Malt and the Excises on strong Waters and Brandy and Forreign Beer annexed to the Crown heartily offer to His Majesty an Additional Excise of two pennies upon the Pint of Ale and Beer browen to be vended and sold As also of two shilling upon each Pint of Aquavitae and strong Waters brown or made of Malt to be vended and sold within the Kingdom And likewise an Additional Excise of two shilling upon each Pint of Aquavitae and strong Waters brown not made of Malt excepting what is made of Wine and that during the space of twelve Moneths commencing from the first day of September
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
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-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