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

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THE LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29. of April 1686. By a Noble Earl Alexander Earl of MORRAY Lord Doun and Abernethie c. Secretary of State for the Kingdom of Scotland His Majesties High Commissioner for Holding this Parliament by vertue of a Commission under His Majesties Great Seal of this KINGDOM VVith the special Advice and Consent of the Estates of Parliament Collected and Extracted from the Registers and Records of Parliament by GEORGE Viscount of Tarbat Lord McLeod and Castle-haven c. Clerk to His Majesties Councils Registers and Rolls c. EDINBURGH Printed by the Heir of Andrew Anderson Printer to His most Sacr●d Majesty Anno Dom. 1686. Cum Privilegio GOD SAVE KING JAMES THE SEVENTH LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 29 of April 1686. I. ACT of Dissolution of the Lands of Cesnock and Duchal May 18. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into Their Consideration That His Majesties Commissioner as having special Warrand and Instruction from His Majesty Having Proposed and Expounded in plain Parliament The Gr●●t and Faithfull Services Done to His Majesty and His Royal B●●ther of ever blessed memory by Iohn Lord Viscount of Melfor●● one of His principal Secretaries of State and his constant Zeal 〈◊〉 Faithfulness to the Interest of the Crown and particularly Tha● His Majesty was sensible of the many Journeys made by the said ●ohn Viscount of Melfort from Scotland to the Court of England upon occasions of great Importance to the Service of the Crown and Government for most of which he had no allowance at least none suitable to his Expenses And that he had Faithfully executed several Offices of great Trust as Lieutenant General and Master of the Ordnance Lieutenant Governour of the Castle of Edinburgh Thesaurer Deput and Secretary of State for His Majesties Ancient Kingdom of Scotland In which Imployments he did very well behave himself That he was instrumental in the Defeat of the Rebels at Bothwell-bridge was diligent against the Rebels thereafter And at great Pains and Charges in the Circuits for the Shires of Lanerk Stirling Renfrew and Dumbarton in the year 1684. And that he had performed several other good and acceptable Services As also His Majesties Commissioner as having speciall Warrand and Instruction from His Majesty Having proposed to the Estates of Parliament That His Majesty judging it fit for the Interest of His Crown and the Good and Wellfare of this Kingdom To Purchase and Acquire from the said Iohn Viscount of Melfort the Lands Baronies and others aftermentioned wherein the said Viscount stands Heretably Infest viz. The Lands and Barony of Muirhall Comprehending therein the Lands of Inverneil Kilmo●r Dounanoltich Craigmoiral Kilbryd Kilmorich Auchinbreck Melfort Kenmore Knaps Kilmorie Kilberrie Auchinsalloch Imstremich Barleamich Dounarderie Eunichan Kildalban Dargachie Cariedale Drummoir Crear Oib Muirhall and several other Lands Teinds and Rights mentioned in the Charter thereof Granted by His Majesty to the said Iohn Viscount of Melfort of the Date the nineteenth day of March 1686. Which did formerly pertain to Sir Duncan Campbel of Auchinbreck Iohn Campbel of Melfort Iohn Campbel of Knap Dougal Campbel of Kilberrie Patrick Mccairter of Imstremich Eivor Mccivor of Askins Donald Mcaveish of Dounarderrie Neill Campbel of Evneichan Campbel of Kildalban Iohn Campbell of Dargathie Duncan Campbell of Cariedale Alexander Mcmillan of Douniemoir Donald Mcneill of Crear Alexander Mcerverlich of Oib Alexander Campbel of Oitter William Denholm of Westsheill Mr. Alexander Campbell Advocat Collin Campbell elder of Allangreig and Duncan Campbell younger thereof and Stuart younger of Cultness And which fell in His Majesties hands by the Forefaulture of the forenamed persons And likewise the Lands and Barony of Melfort Comprehending the Superiorities and the Feu-Duties of the Lands of Rayra and the Isle of Loung The Lands of Torsay The Lands and Isle of Shennay The Lands of Daginneish Armadie Auchnasoul Ragray and of many other Lands particularly mentioned in the Charter thereof Granted by His Majesty under His Majesties Great-Seal to the said Iohn Viscount of Melfort of the Date the day of 1685. Which Superiorities and Feu-Duties pertained formerly to Archibald Campbel late Earl of Argile and fell in His Majesties hands by his Forefaulture Excepting only the Superiorities and Feu-Duties of Glen Ila Balquhan Spitletown of Balquhan Edinample and Menstrie which are Reserved to the said Viscount of Melfort The saids Lands and Baronies being of a vast and great extent and containing great Superiorities and as lying and being Situat in the Highlands and formerly belonging to the late Earl of Argile and others of his Party who were involved in the late Rebellion and Forefault for their accession thereto has always been subject to Disorders which might indanger the publick Peace which being in His Majesties hands And His Royal Authority and Interest concurring may Restrain and prevent the same and His Majestie conceiving it just and reasonable That the said Iohn Viscount of Melfort in lieu and place of the foresaids Lands and Baronies formerly belonging to him and which at His Majesties Desire he is willing to Resign in His Majesties Hands ad perpetuam remanentiam should have a full Recompence and Satisfaction for the same And His Majesty Designing to Give and Dispone in Permutation and Excambion thereof The Lands and Barony of Riccartoun The Lands and Barony of Cesnock and Galstoun with the Tower of Cesnock and Pertinents The Lands and Barony of Barr The Lands and Barony of Castlemains and Cumnock The Lands and Barony of Hainring Ross all lying within the Sheriffdom of Air formerly pertaining to Sir Hugh and Sir George Campbels sometime of Cesnock The Lands and Barony of Duchall and the Lands of Porterfield with the Pertinents which pertained to Porterfield sometime of Duchall and all other Lands Teinds and Rights whatsomever belonging to the said Sir Hugh and Sir George Campbels and Porterfield And upon their Forefaulture did come in His Majesties Hands and are Annexed to the Crown by the Fourty two Act of the first Session of this current Parliament Dated the sixteenth day of Iune 1685. And albeit His Majesty be satisfied that the said Transaction and Excambion is of advantage to His Majesty and His Crown and for the Good and Wellfare of this Real ● upon the Considerations foresaid And that the Lands and others which the said Viscount of ●elfort is willing to Resign in His Majesties hands are of greater yearly Rent and Value Y●● His Majesty has thought fit re integra to propose the same in plain Parliament That they m●● seriously
The Clerkships of the Justices of Peace being Dependences of the Secretaries Office THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Has Repelled Cassed and Annulled and hereby Repells Casses and Annulls the foresaid Clause in the Sixteenth Act of the last Session of this current Parliament Allowing the Iustices of Peace to Nominate their own Clerks and Declares the same to have no Force Strength nor Effect from the beginning and to be null and void in all time coming XXI ACT In Favours of John Adair Geographer for Surveying the Kingdom of Scotland and Navigating the Coasts and Isles thereof June 14. 1686. OUR SOVERAIGN LORD and Estates of Parliament Taking into their Consideration that exact Geographical Descriptions of the several Shires within this Kingdom will be both Honourable and Useful to the Inhabitants and the Hydrographical Description of the Sea-Coasts Isles Creiks Firths and Lochs about the Kingdom are not only Honourable and Useful but most necessary for Navigation and may prevent several Ship-wracks The want of such exact Maps having occasioned great losses in time past And likewise thereby Forraigners may be Invited to Trade with more Security on our Coasts And Considering That Iohn Adair hath given notable Experiments of his great Skill Diligence and Qualifications for performing so good a Work And having signified his willingness to perform the same on allowance of competent Expence THEREFORE His Majesty with Conent of the Estates of Parliament Doth Ordain and Enact That one shilling scots be exacted out of ilk Tun from all the Ships and other Vessels above eight Tunns within this Kingdom excepting Lighters and Fisher-boats and two shilling scots out of each Forraign Ship yearly for the space of five years next ensuing Commensing from Whitsunday this year 1686. and this for defraying the Charge of Hydrographical Maps for the use of the Sea-men which one shilling and two shilling respectivè per Tun Is hereby Ordained to be Collected by the several Collectors of His Majesties Customs who are to deliver the same to the general Collector or Fermer of His Majesties Customs yearly upon Oath at the Term of Martinmas and the same to be payed in to any the Lords of His Majesties Privy Council shall appoint to receive the same to be given to the said Iohn Adair as the saids Lords shall appoint at the said Term ilk year during the space above-written and the saids Collectors are also to deliver to the said Iohn Adair subscribed Lists of the saids Ships with their respective Burdens as the ground of their Charge yearly And the said Iohn Adair is to give account yearly at Martinmas of what progress he hath made as to the Hydrographical Maps to His Majesties Privy Council or such as they shall Commissionat for Inspecting the same As also for Defraying his Expence for drawing of the Maps of the several Shires It is Statute and Ordained That the Sheriffs of each respective Shire Baillies of Regality Stewarts of Stewartry shall at the desire of the said Iohn Adair when he comes to their Shire or Bounds for the end aforesaid Call the Heretors in the said Shire And it is hereby Recommended to them to appoint a suitable Encouragement for defraying the Expence of Surveying the said Shire to be Collected by the Collector of His Majesties Supply immediatly after the said Meeting As likewise That they appoint one or two knowing men in each Paroch to go alongst with the said Iohn Adair when he is actually Surveying the same to design unto him the particular places of each Paroch for the more exact performance of the said Work And Ordains the Collector thereof to deliver what shall be Collected to the said Iohn Adair upon his presenting the Draught of the Map to the respective Sheriffs or others foresaid And likewise The said Iohn Adair giving account yearly to His Majesties Privy Council of his Diligence therein and when the said Geographical and Hydrographical Maps are perfected The care of having the same Printed in a good Edition is Recommended to His Majesties Privy Council XXII ACT and Commission for Plantation of Kirks and Valuation of Teinds June 14. 1686. FORASMUCH as His Majesties Father of ever blessed memory out of His Royal Care and Zeal for the Reformed Religion within this Kingdom and the Maintainance and Provision of the Ministry and Churches thereof and the Peace of the Kingdom and for preventing and settleing all Differences that did or might arise betwixt Titulars and others having right to Teinds and Heretors concerning the Leading and Drawing of their Teinds and immediatly after His attaining and succeeding to the Crown Gave Forth and Emitted His Royal Declaration anent the Premisses and the other particulars therein-specified And in pursuance of the Ends foresaids Divers Laws and Acts of Parliament were made in the year of our Lord 1633. His said Majesty being then present in His Royal Person and since divers Acts of Parliament and Commissions have been Made Given and Renewed to that purpose and particularly by the 15 Act of the 3 Session of the 2 Parliament of King Charles the Second His Majesties umquhile Royal Brother of ever blessed memory And His Majesty being Resolved and desirous to Prosecute so good a Work for the universal Good of His Subjects and especially for the Encouragement of the Ministers of the Gospel THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Gives full Power and Commission to His Majesties Officers of Estate for the time being and to Or any thirteen of them to be a Quorum whereof three of every Estate with one of the Officers of Estate to Meet and Conveen at Edinburgh the day of years and such other place or places times or dyets as they shall appoint To Value and cause be Valued whatsomever Teinds great or small Parsonage or Viccarage within this Kingdom which are yet Unvalued Declaring That where the Viccarage of any Paroch is a several Benefice and Title from the Parsonage the same shall be severally Valued to the effect the Titulars or Ministers serving the Cure having Right to the said Viccarage be not frustrated of the true worth thereof With power to the saids Commissioners or Quorum foresaid to appoint Committees or Sub-Committees of their own number and to grant Sub-Commissions and to receive Reports from them and to approve or disapprove the same as they shall find just And to Rectifie whatsoever Valuations Led or to be Led to the Enorm prejudice of the Titulars or the hurt and detriment of the Church and prejudice of the Ministers Maintainance and Provisions Providing always Likeas it is hereby expresly Provided and Declared That where Valuations are lawfully Led against all persons having interest and allowed by former Commissions the same shall not be drawn in question nor Rectified upon pretence of Enorm Lesion at the Instance of the Minister not being Titular or at the Instance of His Majesties Advocat in respect of His
Coynage aforesaid The which sum of twelve thousand pounds scots for the Officers of the Mint and other expenses thereof is to be payed to the General and Master of the said Mint together with the sum of eighteen Pounds per stone to the Master for the Coynage of the Money at four Terms in the year viz. Candlemass Whitsunday Lambmass and Martinmass yearly and the said payment to commence from and after the first of November next And His Majesty and Estates of Parliament further Statute and Ordain That no Heads Sweeps or Chizel of any Gold or Silver to be Coyned in His Majesties in t shall pass His Majesties Irons without taking a second Essay thereof as if the same were newly brought in to the Mint to be Coyned And to the effect that all matters relating to the Coynage and Mint may be equally Ordered and Regulated according to this present Act and in such further ways and manner as His Majesty and His Privy Council shall think fit It is hereby Recommended to His Majesties Privy Council by some of their number to try every Journal of Coyn by it self distinctly and to take exact tryal of all matters relating to the Coynage both as to the weight and fineness of the money and other matters relating to the said Mint twice every year viz. In the moneths of Iuly and December yearly and to call before them the whole Officers of the Mint and to Examine their Proceedings and to inspect their Books and to sign and subscribe Approbations thereof as they shall see cause And this without prejudice of the said Officers of the Mint their compting yearly to the Lords of His Majesties Exchequer and Thesaury for all matters commited to their Trust. XXV ACT Rescinding a Clause in the Addresse made by the Parliament against the late Earl of Argile Iune 15. 1686. OUR SOVERAIGN LORD Taking into His Consideration the 36 Act of the first Session of this Parliament Intituled Act anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland to His Sacred Majesty against the Arch-Traitor Archibald Campbel sometime Earl of Argile And that His Majesty from His unparalleled Clemencie and Goodness has been Graciouslie Pleased to Pardon and Indemnifie several persons who were accessorie to and involved into the said Rebellion notwithstanding the Estates of Parliament from their zeal to His Majesties Service and Detestation of the said Rebellion Did by their Address humbly Desire they should for ever be incapable of mercie and that any of His Majesties Subjects who should interceed for them any manner of way should incur the pain of Treason and in regard His Majesty did make no signification of His Royal Pleasure as to the said Address THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Casses Annuls and Rescinds that Clause in the same Address as to the exercise of His Majesties Mercy or the Intercessions of any of His Majesties Subjects made or to be made in that behalf And Declares the same Clause to have no strength Force nor effect from the beginning and to be null and void in all time coming XXVI ACT Dissolving the Lands and Estates of Earlestoun Craichlaw and Caitloch from the Crown Iune 15. 1686. OUR SOVERAIGN LORD Taking to His Royal Consideration that His late Majesty and his Royal Brother of ever glorious Memory by Charter under the Great-Seal of this His Majesties Ancient Kingdom of the date at Windsor-Castle the eleventh day of May 1680 years upon the account of Sir Theophilus Ogilthrop Lieutenant Colonel Main and Captain Hendry Cornowall their Loyalty and Service performed to the Crown Did Give Grant and Dispone to them their Heirs and Assigneys the Lands and Estates of Earlestoun Craichlaw and Caitloch and others more fully specified in the said Charter whereupon they were Infest and the said Right Ratified in Parliament And which Lands and Estates fell in His late Majesties hands by the Forefaultur of Mr. William and Alexander Gordons elder and younger of Earlstoun Iames Gordon of Craichlaw and Mr. William Ferguson of Caitloch Likeas His late Majesty by His Letter of the eleventh of May One thousand six hundred eighty Directed to the Lords Commissioners of His Highness Thesaury upon Information that the saids three Estates did exceed six hundred pounds Sterling per annum which His Majesty was pleased to Promise should be made good unto them Ordered That before the said Gift past in Exchequer the saids Lords should take their Security to pay the superplus if any were that the saids Estates should be found to exceed the foresaid Rent and the Debts payable out of the same by Law in such manner and to such uses as His Majesty should think fit thereafter to direct And in like manner His Majesty by another Letter directed to the saids Lords of the 15th of February 1681. Required them to take sufficient Security of the saids persons for payment of their share of the expence disbursed out of His late Majesties Thesaury towards the suppressing of the Rebellion in the year 1679 not exceeding two years Rent of the saids Forefaulted Estates and accordingly the saids Donatars granted Security to the saids Lords in the Terms foresaids As also OUR SOVERAIGN LORD Considering That His Majesty by His Letter of the last of October 1685. upon the Consideration that the saids Estates did not exceed but are rather considerably short of the saids six hundred pounds Sterling per annum and of the great trouble and expence the said Sir Theophilus who also acquired the other two Parts from Main and Cornowall was and is exposed to in attaining to the Possession of the saids three Forefaulted Estates and being desirous the same should be made fully effectual to him free of all future trouble and inconvenience THEREFORE as a further Mark of His Favour to the said Sir Theophilus and in Consideration of his great Loyalty and Service Authorized and Required William Duke of Queensberrie His Majesties Thesaurer-Principal for the time Thesaurer-deput and remanent Lords of Exchequer to deliver to him the said Security and Ordained the same to be delet out of the Records of Exchequer which accordingly was done and an Act thereupon past the eight of Ianuary last And further upon Consideration of the said Sir Theophilus his constant loyalty and adherence to the Crown and signal evidence given by him thereof in the late Rebellion of the late Duke of Munmouth Did Order his Right Trusty and Familiar Cousen and Counsellor Alexander Earl of Murray Conjunct-Secretary of State for the Kingdom of Scotland and his Majesties high Commissioner therein for the time to represent the matter in Parliament for a Dissolution of the saids three Forefaulted Estates from the Crown to which the same were Annexed in the last Session of Parliament holden at Edinburgh the sixteenth day of Iune One thousand six hundred eighty five years Which Annexation proceeded upon a Supposition that the yearly Rent