THE LAWS and ACTS Made in the SECOND SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVEREIGN 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 Down and Abernethie, etc. Secretary of State for the Kingdom of Scotland, His Majesty's High Commissioner for Holding this Parliament, by virtue of a Commission under His Majesty's 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 McLeod, and Castle-haven, etc. Clerk to His Majesty's Councils, Registers, and Rolls, etc. 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 SOVEREIGN 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 SOVEREIGN LORD, and Estates of Parliament, Taking into Their Consideration, That His Majesty's Commissioner, as having special Warrant and Instruction from His Majesty, Having Proposed and Expounded in plain Parliament, The Gr●●t and Faithful Services Done to His Majesty, and His Royal B●●ther, of ever blessed memory, by john 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 lest 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 Governor of the Castle of Edinburgh, Thesaurer Deput, and Secretary of State for His Majesty's Ancient Kingdom of Scotland; In which Employments 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 Majesty's Commissioner, as having special Warrant 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 Welfare of this Kingdom, To Purchase and Acquire from the said john 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 john Viscount of Melfort, of the Date the nineteenth day of March 1686. Which did formerly pertain to Sir Duncan Campbel of Auchinbreck, john Campbel of Melfort, john Campbel of Knap, Dougal Campbel of Kilberrie Patrick Mccairter of Imstremich, Eivor Mccivor of Askins, Donald Mcaveish of Dounarderrie, neil Campbel of Euneichan, Campbel of Kildalban, john campbel of Dargathie, Duncan campbel of Cariedale, Alexander Mcmillan of Douniemoir, Donald Mcneill of Crear, Alexander Mcerverlich of Oib, Alexander Campbel of Oitter, William Denholm of Westsheill, Mr. Alexander campbel Advocate, Collen campbel elder of Allangreig, and Duncan campbel younger thereof, and Stuart younger of Cultness, And which fell in His Majesty's 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 Majesty's Great-Seal, to the said john 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 Majesty's 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 Situate 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 endanger the public Peace, which being in His Majesty's hands. And His Royal Authority and Interest concurring, may Restrain and prevent the same, and His Majesty conceiving it just and reasonable, That the said john Viscount of Melfort, in lieu and place of the foresaids Lands and Baronies formerly belonging to him, and which at His Majesty's Desire, he is willing to Resign in His Majesty's Hands, ad perpetuam remanentiam, should have a full Recompense 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 Bar; 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 Majesty's Hands, and are Annexed to the Crown by the Forty two Act of the first Session of this current Parliament, Dated the sixteenth day of june 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 Welfare 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 Majesty's 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 ponder, and consider the said particular Services, done and performed by the said Viscount of Melfort, to His Majesty and His Crown; And the foresaid Proposal, as to the Transaction and Excambion abovementioned, and give His Majesty Their Advice, Judgement and Determination thereanent: And the Estates of Parliament after mature Deliberation, Treating and Consulting anent the Premises, being fully satisfied and convinced, That either the said particular Services, Done and Performed to His Majesty by the said Viscount of Melfort, (The truth whereof is sufficiently known, and did appear to Them) or the foresaid Permutation and Excambion, are Just, Sufficient and Important Reasons, concerning both His Majesty's Interest, and the public Good and Welfare of this Kingdom, That They should Advise and Consent to His Majesty's Giving and Disponing the saids Lands, Baronies and others above-exprest, to the said john Viscount of Melfort, his Heirs and Assigneys; and for that effect, that the said's Lands should be dissolved from the Crown▪ and from the said Act of Annexation. THEREFORE, His Majesty, with Advice and Consent of the Estates of Parliament, Decerns, Ordains and Declares, That the said's Lands and Barony of Riccartoun; The Lands and Baronies of Cesnock and Galstoun, with the Tower of Cesnock and Pertinents; The Lands and Barony of Bar, The Lands and Barony of Castlemains and Cumnock▪ The Lands and Barony of Haining-Ross, all lying within the Sherifdom of Air, formerly pertaining to the said Sir Hugh and Sir George Campbels, sometime of Cesnock; And the Lands and Barony of Duchal, 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, may be Disponed to the said Viscount and his forefaids; And for that effect has Dissolved, and hereby Dissolves the same from the Crown, and Patrimony thereof; And from the foresaid Act of Annexation, made the sixteenth day of june One thousand six hundred eighty five; And from all other Acts of Annexation, and from all Clauses, Qualities and Conditions thereincontained: And His Majesty, with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution, having proceeded upon the Advice and Deliberation of the Estates of Parliament, re integra; And found by the saids Estates, to be for Great, Weighty and Reasonable Causes, Concerning the Goop, Welfare and Public Interest of the whole Kingdom; First Proposed and Advised, and maturely Pondered and Considered, before any previous Grant, or other Right or Deed, Given, Made or Done by His Majesty, in Favours of the said Viscount of Melfort and his foresaids, of the Lands, and others particularly and generally abovementioned, or any part or portion of the same, Does fully satisfy the whole Clauses, Conditions and Qualifications contained in the foresaid Act of Annexation, and shall have the Force, Strength and effect of a general Law or Act of Parliament, and shall be as valid and effectual to the said Viscount of Melfort, and his foresaids, for the Security of the Lands, Baronies and others above-exprest, as any other Act of Dissolution Granted by His Majesty, or His Royal Ancestors; with Advice and Consent of the Estates of Parliament, in Favours of whatsoever Person at any time hereafter. Likeas, His Majesty with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution, shall not be understood to fall under, or be comprehended in any Act Salvo jure, To be passed in this, or any other Session of this current Parliament; But is hereby excepted therefrae in all time coming. II. ACT For the better Inbringing of His Majesty's Supply. May 26. 1686. OUR SOVEREIGN LORD Considering, That by a Clause in the Act of Convention of Estates, july 10. 1678. It is Provided, That Persons liable in payment of the Supply then Imposed, should not be holden to produce Discharges, or Receipts of the samen, after the tenth day of June 1686. years. And seeing there is a great part of the Cess and Supply yet resting unpayed, for which no Diligence is done; THEREFORE, His Majesty, with Advice and Consent of the Estates of Parliament, Statutes, Ordains and Declares, That the particular Collectors in each Shire, for whom the Commissioners are answerable, shall be liable in all time coming, to do Diligence by Quartering, or Denunciation against the Deficients, at the head Burgh of the respective Shires where they live; And Declares the said Diligence so to be used, shall be sufficient to stop and interrupt the prescription, and make the Deficients liable, notwithstanding of the Clause in the foresaid Act, finding them not liable to produce their Discharges after the said day: And because the time prescribed by the said Act, is now near elapsed. THEREFORE, His Majesty with Advice and Consent foresaid, Does Prorogat the same until the first day of November next; To the Effect, the particular Collectors may do Diligence in the mean time. Likeas, His Majesty and the Estates of Parliament, Statutes and Ordains in time coming, That all Cess which shall not be paid within six Months after the same falls due, shall bear Annualrent after elapsing of the said six Months, albeit Horning or other Diligence be not used for the same. And whereas by the Act 3. Par. 3. Ch. 2. The number of Foot to be employed in Parties for Quartering upon the Deficients, is Declared to be six Foot for every 1000 Pounds of Deficiency, and so proportionally; Which number is not sufficient, nor proportionable to the number of Horses or Dragoons appointed by the same Act. It is therefore hereby Ordained and Declared, That the number of Foot hereafter to be employed, shall be fifteen for each 1000 pounds' Scots, and so proportionally; And the number of Horses and Dragoons to continue as formerly. And likewise Statutes and Ordains, That if the Parties appointed to Quarter, shall not exact their Quartering money every twenty days at least, That they shall not have power to exact the same thereafter, It being always Competent to the Parties, in case they get not voluntar payment, to poinded therefore (within the said time) any Goods belonging to the persons on whom they are Quartering, in the ordinary way appointed by Law. And it is hereby Enacted and Declared, That Deficient Money shall only be due to Parties, so long as they are actually Quartering within the Shire, and that the Quartering Money shall commence and be paid according to the foresaid Act of Convention of Estates. III. ACT Ordaining Interlocutors to be Subscribed by the judges. May 26. 1686. OUR SOVEREIGN LORD, with Advice and Consent of His Estates of Parliament, Statutes and Ordains, That from and after the first of November next, All Interlocutors pronounced by the Lords of Council and Session, and all other Judges within the Kingdom, shall be Signed by the Precedent of the Court, or the Judge pronouncer thereof: And His Majesty, with Advice foresaid, Prohibits and Discharges the Clerks upon their peril, to Extract any Acts or Decreets, unless the Interlocutors, which are the Warrants thereof, be Signed as said is: Declaring hereby the Extracts which shall be given out otherways, to be void and null. IV. ACT Ordaining all Executions to be Subscribed by the Witnesses, without necessity of Stamping. May 26. 1686. OUR SOVEREIGN LORD, with Advice and Consent of His Estates of Parliament, Statutes and Ordains, That in time coming, all Citations before the Lords of Session, and Citations before any other Judges, Civil or Criminal, which formerly by Law or Custom used to be in Writ, and all Executions of Letters of Horning, Inhibition and others whatsoever, be Subscribed by the Executer thereof, and the Witnesses; Otherwise to be null and void. And that the same shall not be quarrellable for the want of stamping, any Law or Practic to the contrary notwithstanding. V. ACT Anent the Session. May 26. 1686. OUR SOVEREIGN LORD, with Advice and Consent of the Estates of Parliament, Statute and Ordain, That the ordinary Diets for Sitting of the Session, shall be thus Regulated for the future, viz. The Winter-Session, shall Sit down the first of November, and Rise the last of February: And the Summer-Session shall Sit down the first day of june, and Rise the last of july; And that this present Act shall take effect from the first of November 1686. And that notwithstanding of the seventh Act of the third Parliament of King Charles the Second, of ever Glorious Memory, which is hereby Rescinded. VI ACT For the Christmas Vacans May 26. 1686. OUR SOVEREIGN LORD, with Advice and Consent of His Majesties Three Estates Assembled in Parliament, Statutes, Ordains and Declares, That the Christmas Vacation of the Session or College of Justice, shall yearly, and in all time-coming, Continue and endure from the Twentieth of December, to the Tenth day of january inclusiuè; Any former Law, Act or Custom to the contrary Notwithstanding. VII. ACT Of Dissolution of the Lands and Barony of Torwoodlie, in Favours of Lieutenant-General Drummond. May 28. 1686. OUR SOVEREIGN LORD, and Estates of Parliament, Taking into Their serious Consideration, That His Majesty's Commissioner, as having special Warrant and Instruction from His Majesty, Having Proposed and Expounded in plain Parliament, The great and faithful Services done and performed to His Majesty's Royal Father King Charles the First, and His Royal Brother King Charles the Second (of ever Blessed memories) and to His Majesty's Self, since His accession to the Crown, by Lieutenant-General Drummond, Commander of all His Majesty's Forces within the Kingdom of Scotland; And Considering the particular Services Done by him, in his ready and cheerful joining with the Forces, Levied in the Year 1648. For Rescuing the Sacred Person of His Majesty's Royal Father, out of the hands of His Rebellious English Subjects, by whom He was then kept Prisoner; And with the Forces Levied in Ireland, for the Service of the Crown, in the year 1649. under the Command of the Duke of Ormond, than Lord Lieutenant of Ireland; And his brave and cheerful Concurring with the Royal Armies, both in Scotland and England, in the year 1651. which was the occasion of his suffering great loss, and a grievous long Imprisonment; And his Resolute and Courageous appearing in Arms against the Usurpers in the year 1653. being Clothed with a Commission of Major-General: And Considering also, That after the hopes of the Loyal Party were absolutely cut off, by the prevalency of the Usurpation, The said Lieutenant General Drummond having endured the greatest hardships and miseries, under the influence of Tyrannical Powers, made a generous choice, rather to undergo Exile and Banishment from his own Native Country, than submit upon any Terms to, or comply with an Unlawful and Usurped Authority, and that upon a Call from His Majesty's Royal Brother, after His Restauration, he left a Splendid and Honourable Employment under the Emperor of Russia, to give Obedience to His Native Prince, and that since his Return to this Kingdom, he did Good and Signal Service, as Major-General in the Defeat of the Rebels, and Suppressing the Rebellion, raised in the year 1666. And in his painful and Faithful Performance of the Office of Master-General of the Ordnance, for divers years; And in his Good and Successful Conduct of His Majesty's Forces, as Lieutennant-General against the late Rebels and Conspirators, who under the Command of the late Earl of Argile, Designed to Overturn the Government of this Nation; And upon many other occasions, hath given pregnant proofs of a firm and steady Loyalty: And all the said's great and memorable Services and Sufferings, being proposed and laid open in plain Parliament, to the end, the Three Estates might give His Majesty Their Judgement, Advice and Determination, re integra, whether the same were True, Good and Reasonable Causes of public Government, for Dissolving the Lands and Barony of Torwoodlie, formerly pertaining to Pringle sometime of Torwoodlie, with all other Lands, Heretages and Rights, which belonged to him; from the Crown, and which came in His Majesty's hands, through the Crimes of Treason, and laese Majesty, Acted, Committed and Done by the said Pringle, and the Doom and Sentence of Forefaulture, given and pronounced against him for the same, upon the day of One thousand six hundred eighty five years, and were Annexed to the Crown by the forty two Act of the first Session of this current Parliament; And the said Estates of Parliament, after long and mature Deliberation, and Treating and Consulting anent the Premises, being fully satisfied and convinced, That the particular Services and Sufferings abovementioned, Done, Performed and Undergone by the said Lieutenant-General Drummond; The Truth whereof is clearly known and did appear to them, are Just, Weighty and Important Reasons, concerning both His Majesty's Interest, and the public Good and Welfare of this Kingdom, That they should Advise and Consent to His Majesty's Giving and Disponing the saids Lands and Barony of Torwoodlie, and others above-exprest, to the said Lieutenant-general Drummond, his Heirs and Assigneys; And for that effect, that the said's Lands should be Dissolved from the Crown, and from the said Act of Annexation: THEREFORE, His Majesty, with Advice and Consent of the Estates of Parliament, Decerns, Ordains and Declairs, That the said's Lands and Barony of Torwoodlie, and all other Lands, Heretages and Rights, sometime belonging to the said Pringle late of Torwoodlie, and which came in His Majesty's hands, and were Annexed to the Crown in manner foresaid, may be be Disponed to the said Lieutenant-General Drummond, and his foresaids; And for that Effect, has Dissolved, and hereby Dissolves the same from the Crown, and Patrimony thereof; And from the foresaid Act of Annexation, made the sixteenth day of june One thousand six hundred eighty and five years, and from all other Acts of Annexation, and from all Clauses, Qualities and Conditions therein contained; And His Majesty, with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament, re integra; And found by the saids Estates to be for great, weighty and reasonable Causes, concerning the Good, Welfare and public Interest of the whole Kingdom, first Proposed and Advised, and maturely Pondered and Considered in plain Parliament, before any previous Grant, Or other Right or Deed, Given, Made or Done by His Majesty, in Favours of the said Lieutenant-General Drummond and his foresaids, of the Lands and others abovementioned, or any Part or Portion of the same, Does fully satisfy the whole Clauses, Conditions and Qualifications contained in the foresaid Act of Annexation, and shall have the Force, Strength, and Effect of a General Law, or Act of Parliament, and shall be as valid and effectual to the said Lieutenant-General Drummond, and his foresaids, for their Security of the Lands and Barony of Torwoodlie, and others above expressed, as any other Act of Dissolution, Granted by His Majesty, or His Royal Ancestors, with Advice and Consent of the Estates of Parliament, in Favours of whatsoever person at any time heretofore, and that notwithstanding of any former Gift or Grant, Given by His Majesty's Royal Brother, to the said Lieutenant-General Drummond, which shall no ways weaken or Infringe this present Act of Dissolution, or His Majesties Grant of the Lands and others above-exprest, to follow thereupon. Likeas, His Majesty with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution shall not be understood to fall under, or be comprehended in any Act, Salvo jure, To be passed in this, or any other Session of this current Parliament, but is hereby excepted therefra in all time coming. VIII. Additional Act anent Highways and Bridges. May 28. 1686. OUR SOVEREIGN LORD, with Advice and Consent of the Estates of Parliament, Ratifies and Approves the sixteenth Act of the first Session of the second Parliament of King Charles the Second, of blessed memory, Entitled, Act for Repairing Highways and Bridges: And the ninth Act of the second Session of the same Parliament, and Ordains the same to be duly observed in time coming: And for the more effectual Prosecution of these Acts, His Majesty, with Advice foresaid, Doth Authorise and Require the Commissioners for His Majesties Supply in the several Shires, to meet with the Justices of Peace, and Act in the same manner as they are warranted to do by the foresaid Acts, with Power to them at their first Meeting to choose their own Clerk; And Declares, That any five of the whole number shall be a Quorum, excepting the Shires of Clakmannan, Kinross and Cromartie, wherein three to be a Quorum; And Ordains the first Diet of their Meeting for this year, to be the last Tuesday of june next; And that the Sheriff of the Shire, or his Depute, 'cause intimate that Diet, and the first Diet of Meeting yearly thereafter, at each Paroch Kirk, upon the Sunday before, under the pain of five hundred marks Scots. And in case any of the Justices of Peace, or Commissioners of Supply, residing within the Shire, shall be absent the said last Tuesday of june next, or the first Diet of meeting yearly thereafter, they shall be fined by the Quorum met, in twenty marks Scots, for ilk Diets absence; and in case a Quorum of them shall not meet, the Sheriff or his Depute is hereby impowered to fine each of the absents in twenty marks Scots; which fines shall be applied for Reparation of the Highways and Bridges: And whereas by the foresaid Act in the year 1669. The time for the Inhabitants to work at the Reparation of the Highways, is appointed not to exceed six Days yearly the first three years, and four days yearly thereafter: His Majesty in regard of the present Condition of the Highways and Bridges, Doth, with Advice foresaid, Ordain that these working Days shall be six yearly, for the space of five years, from and after the last Tuesday of june next; and seeing it falls out sometimes, that Bridges and Ferries are upon the Confines of two Shires, and it being just that both Shires in that case should be burdened with the Expense of Reparation; His Majesty with Advice foresaid, Doth Ordain the Justices of Peace, and Commissioners of Supply in both Shires to meet and adjust the Expense of the said Reparation proportionally according to the respective Valuations of these Shires; and that the Sheriffs of these Shires or their Deputs Conveen them; and in case they do not meet, Grants Warrant to direct General Letters for Charging them to that effect. And His Majesty with Advice foresaid, Declares, That the several Shires and burgh's, shall be holden to repair the present standing Bridges within their respective bounds, and being repaired to uphold the same, and if they suffer them to fall, His Majesty's Privy Council is hereby Impowered to fine them in as much as will Repair or Rebuild these Bridges. And it is hereby Ordained, That where Customs are Collected at Bridges, or Causeys, the same shall be employed in the first place for Repairing these Bridges and Causeys. IX. ACT Of Annexation of the Baronies of Muirhall and Melfort to the Crown. June 8. 1686. OUR SOVEREIGN LORD, and the Estates of Parliament Considering, That by the first Act of the present Session of this current Parliament, 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 Bar; the Lands and Barony of Castlemains; the Lands and Barony of Haining-Ross, and the Lands and Barony of Duchal and Porterfield, with all other Lands, Teinds and Rights whatsomever, which formerly belonged to Sir Hugh and Sir George Campbels, sometime of Cesnock and Porterfield, sometime of Duchall, were Dissolved from the Crown and Patrimony thereof, To the end the same might be conveyed, and Disponed in Favours of john Lord Viscount of Melfort, one of His Majesty's Principal Secretaries of State, his Heirs and Successors, as a just Recompense and Reward of the good and faithful Services, Done and Performed by him to the Crown and Kingdom, particularly expressed in the said Act, and in lieu and place of the Lands and Baronies abovementioned, wherein the said Viscount of Melfort stood Infest under the Great Seal, and which were found expedient and necessary by the Estates of Parliament, to be Purchased and Acquired from him by His Majesty, for the Causes likewise mentioned in the said Act, viz. The Lands and Barony of Muirhall, comprehending therein the Lands of Inverneil, Kilmoir, Dounanoltich, Craigmoirall, Kilbryd, Kilmorich, Auchinbreck, Melfort, Kenmore, Knaps, Kilmorie, Kilberrie, Auchinsolloch, Imstremich, Barleamich, Dannarderie, Eunichan, Kildalban, Dargachie, Cariedale, Drumoir, Crear, Oib, Muirhall, and several other Lands, Teinds and Rights, mentioned in the Charter thereof, Granted by His Majesty to the said john Viscount of Melfort, of the Date the ninteenth day of March One thousand six hundred eighty six years, which did formerly pertain to Sir Duncan Campbel of Auchinbreck, john Campbel of Melfort, john Campbel of Knap, Dougall Campbel of Kilberrie, Patrick Mccairter of Instremich, Eiver Mceiver of Askins, Donald Mcaveish of Dounarderrie, Neil Campbel of Evaichan, Campbel of Kildalban, ohn Campbel of Dargathie, Duncan Campbel of Cariedale, Alexander Mcmillan of Dounie moir, Donald Mcneil of Crear, Alexander M●erterlich of Oib, Alexander Campbel of Otter, William Denholm of Westshiell, Mr. Alexander Campbel Advocate, Colin Campbel elder of Allangreig, and Duncan Campbel younger thereof, and Stuart younger of Cultness, and which fell in His Majesty's hands, by the Forefaulture of the forenamed Persons: And likewise the Lands and Barony of Melfort, Comprehending the Superiorities and Feu-Duties of the Land of Rayra, and the Isle of Loung; The Lands of Torsay, The Lands and Isle of Shennay, the Lands of Lagianeish, Armadie, Auchnasoul, Ragray, and of many other Lands, particularly mentioned in the Charter thereof, Granted by His Majesty, under His Majesty's Great Seal, to the said John Viscount of Melfort, of the Date, the day of One thousand six hundred eighty five years; Which Superiorities and Feu-Duties pertained formerly to Archibald Campbel late Earl of Argile, and fell in His Majesty's hands by his Forefaulture, excepting only the Superiorities and Feu-Duties of Glen-Ila, Balquhan, Spittletoun, Ednample and Menstrie, which are reserved to the said Viscount of Melfort: And also Considering, that in pursuance of the Design and Intent of the said Act of Dissolution, and in Prosecution thereof, The Kings most Excellent Majesty, and the said John Viscount of Melfort, have entered into, and perfected a Contract of the Date the 24. and 28 days of May; One thousand six hundred eighty six years, whereby His Majesty hath Disponed to the Viscount of Melfort and his Heirs therein mentioned, The Lands and Baronies of Riccartoun, Cesnock and others above-exprest: And on the other part, The said Viscount of Melfort hath Disponed in favours of Our Sovereign Lord the King's Majesty, and Resigned in His Majesty's hands, ad remanentiam, The Lands and Baronies of Muirhall and Melfort, Comprehending the whole Lands, Superiorities and Feu-Duties above-specified, excepting and reserving to the said Viscount of Melfort, as is before excepted and Reserved; And His Majesty now intending, That the Lands, Baronies, and others Disponed and Resigned by the Viscount of Melfort, in favours of His Majesty, should be annexed to the Crown, and incorporate with the Patrimony thereof: THEREFORE His Majesty, with Advice and Consent of the Estates of Parliament, Has Annexed, United and incorporate, and hereby Units, Annexes and Incorporats to the Crown of this His ancient Kingdom, to remain inseparable therewith in all time coming, The Lands and Barony of Muirhall, Comprehending the whole Lands and others abovementioned, viz. The Lands of Inverneil, Killmore, Dounanoltich, Craigmuirhall, Kilbryd, Kilmorich, Auchinbreck, Melfort, Kenmore, Knap, Kilmore, Kilberrie, Auchinsalloch, Instremich, Barleamich, Dounarderie, Eunichan, Kildalban, Dargachie, Cariedale, Drumoir, Crear, Oib, Muirhall, and remanent Lends, Teinds, and Rights mentioned in the foresaid Charter thereof, Granted by His Majesty to the said john Viscount of Melfort; and likewise, The foresaids' Lands and Barony of Melfort, Comprehending the Superiorities and the Feu-Duties of the Lands of Rayra, and the Isle of Loung, the Lands of Torsay, the Lands and Isle of Shenney, the Lands of Dagneish, Ardmadie, Auchnasoul, Ragray; and whole remanent Lands, particularly mentioned in the Charter thereof, granted by His Majesty, under His Majesty's Great Seal, to the said john Viscount of Melfort, Excepting only the foresaid Superiorities, and Feu-Duties of Glen-Isla, Balquhan, Spittletoun of Balquhan, Ednample and Menstrie, which are reserved to the said Viscount of Melfort; And it is hereby Statute and Declared, That the said's Lands, Baronies and others abovementioned, with the Teinds thereof, excepting as is before excepted, shall remain with His Majesty's Crown in all time coming, and that the same, or any part thereof, shall not, nor may not be given away in Fee and heritage, nor in Franktenement, Liferent-pension or Tack, except for the full Duty, which may be gotten from, and paid by the Tenants, or by any other manner of Alienation, Right or Disposition whatsomever to any Person or Persons of whatsomever Estate, Degree or quality they be, without Advice, Decreet and Deliberation of the whole Parliament, and for great, weighty and reasonable Causes, concerning the good, welfare and public Interest of the whole Kingdom; First to be proposed, and to be Advised and maturely Pondered and Considered by the Estates, re integra, before any previous Grant, Right, or Deed be Given, Made or Done by His Majesty, or His Successors, concerning the Disposition of the said's Baronies, and others foresaids, or any part thereof, which may any ways predetermin them or the Estates of Parliament, and prejudge the freedom of their Deliberation and Consent; And if at any time hereafter it shall be thought fit to Dispon, or Grant any Right of any Part of the said's Lands, Superiorities, Offices, Teinds and others. It is Declared That the general Narrative of Good Services, Weighty Causes and Considerations shall not be sufficient; But the particular Causes and Considerations, whereupon His Majesty, and His Successors may be induced to Grant, and the Estates to Consent to such Rights, are to be expressed, that it may appear, That the same is not granted thorough importunity, or upon private suggestions or pretences: But for True, Just, and Reasonable Causes, and Considerations of public Concernment. And farther, It is Declared, That if any general Act of Dissolution of His Majesty's Property, shall be made at any time hereafter, The Lands, Baronies and others abovementioned, now annexed, shall not be understood to Fall, or be Comprehended under the same; and if the Lands and others foresaids, hereby Annexed, or any Part thereof, shall be Annalzied or Disponed, or any Right of the same shall be Granted, otherways than is appointed and Ordained in manner abovementioned; His Majesty, with Consent foresaid, Doth Statute and Declare; That all Dispositions, Infeftments and other Rights of the said's Lands, and others now annexed, or any Part thereof, which shall be granted contrary to this present Act, with all Acts of Dissolution and Ratification, and other Acts of Parliament concerning the same, shall be from the beginning, and in all time thereafter, void, null, and of no effect; And notwithstanding thereof, It shall be lawful to Our Sovereign Lord and His Successors for the time, To take back, and receive at their pleasure, for their own use, without any Process of Law, The Lands and others above-rehearsed, hereby annexed, or any part thereof, which shall be Annallzied or Disponed, and these in whose Favours any such Rights or Alienations shall be made, shall be accountable for, and liable to Refound and pay all Profits, Intromissions, or Benefits taken, uplifted or employed by them, in the mean time; and it is Declared, That all other Clauses, Articles and Provisions contained in any former Act or Acts of Annexation, to the advantage of His Majesty, and His Crown, are, and shall be holden as repeated and insert herein. Likeas His Majesty, with Advice and Consent of the Estates of Parliament, Doth Ratify and Confirm the foresaid Contract, passed between His Majesty and the said Viscount of Melfort, in the whole Heads, Clauses, Articles, and Provisions of the same, with the Resignation made by virtue of the Procutry therein contained by the Viscount of Melfort▪ in his Majesty's hands, of the foresaids Lands, Baronies, and others hereby annexed to the Crown, together with the Signature granted by His Majesty to the said Viscount of Melfort, and his Heirs of the foresaids Lands, Baronies and others dissolved from the Crown, Dated the day of One thousand six hundred eighty six years; And the Charter under the Great Seal, Precepts and Instruments of Season to follow thereupon; and Decerns and Declares this present Ratification to be as valid, effectual and sufficient to all intents and purposes, as if the foresaid Contract, Signature and other Writs or Rights Confirmed, were all Verbatim herein Ingrossed; and His Majesty and Estates of Parliament Dispenses with, and supplies the generality of these Presents for now and ever. X. ACT Ordaining Pursuers to furnish the Act to the Defenders, whereon they are to Depone. June 8. 1686. OUR SOVEREIGN LORD, with Advice and Consent of His Estates of Parliament, Statutes and Ordains, That in Actions before the Lords of Session, and all other Judges within the Kingdom, where by the Act of Litiscontestation, the Defenders Oath is only required, and nothing to be proven upon his part; That the Pursuer shall be obliged to furnish the Defender with the Act, whereon he is to Depone, within forty eight hours after the Pursuer or his Procurator shall be required; otherways that the Defender shall not be holden to Depone, but the Ordinary shall dismiss him, the foresaid Requisition being always made, after elapsing of the Term assigned by the Act, and before the Term be circumduced at the the Pursuers Instance; and where the Defenders in Exhibitions do Depone Negative, and the Defenders in Processes for making arrested Goods forthcoming, Depone either affirmative or Negative, That the Clerks and Macers' Dues shall be paid by the Pursuer, and not by the Defender; with Certification, if the Pursuer do not make payment thereof, the Defender shall not be holden to Depone, but may be dismissed by the Ordinary. XI. ACT For Winter-Herding. June 8. 1686. OUR SOVEREIGN LORD, Considering the Prejudice and Damnage, which the Liedges do sustain in their Planting and Enclosures, through the not herding of Nolt, Sheep and other Bestial in the Winter time, whereby the young Trees and Hedges are eaten and destroyed; Doth, with Advice and Consent of His Estates of Parliament, Statute and Ordain, That all Heretors, Liferenters, Tenants, Cottars and other Possessors of Lands or Houses, shall cause herd their Horses, Nolt, Sheep, Swine and Goats the whole Year, aswell in Winter as Summer, and in the Night time shall cause keep the same in Houses, Folds or Enclosures, so as they may not eat or destroy their Neighbour's Ground, Woods, Hedges or Planting, Certifying such as shall Contraveen, they shall be liable to pay half a Mark toties quoties, for ilk Beast they shall have going on their Neighbour's Ground, by and attour the Damnage done to the Grass or Planting; And Declares, That it shall be lawful to the Heretor, or Possessor of the Ground, to detain the said's Beasts, until he be paid of the said half Mark for ilk Beast found upon his Ground, and of his Expenses in keeping the same; and this but prejudice of any former Acts of Parliament, made against Destroyer's of Planting and Enclosures. XII. ACT For Cleansing the Streets of Edinburgh. June 8. 1686. OUR SOVEREIGN LORD, Considering the many Complaints of the Nastiness of the Streets, Vinds, Closes and other places of the City of Edinburgh, which is the Capital City of the Nation, where the chief Judicatories reside, and to which His Majesty's Liedges must necessarily resort and attend; As also, the great Trouble that does arise to His Majesty's Liedges, and the Inhabitants, by the great numbers of clamorous Beggars; repairing in and about the said City of Edinburgh, THEREFORE, His Majesty with Advice and Consent of the Estates of Parliament, Decerns and Ordains the present Magistrates of Edinburgh, and their Successors, to lay down effectual Ways for preserving the said Town of Edinburgh, Cannongate and Suburbs thereof, from the Nastiness of the Streets, Vinds, Closes, and other places of the said Burgh, and for freeing and purging the same of these numerous Beggars which repair in, and about the said Burgh, and that under the pain of 1000 Marks yearly, To be paid by the Magistrates, who shall be in Office, to the Lords of Session, to be applied by them for the end and use foresaid; Declaring, that the Magistrates who are in Office, and who shall be found negligent of their Duty, shall have no relief of their said fine, out of the Common Good of the said Burgh, or by Stenting the Inhabitants: As also, His Majesty, with Advice and Consent foresaid, for the further Encouragement of the Magistrates of Edinburgh, present and to come, in the said matter; Does Statute and Ordain, That the Lords of Council and Session, shall receive from the Magistrates of the said City, or others; all Proposals which the said's Lords shall judge rational to the effect abovementioned; And for that effect, Authorises and Empowers the Lords of Session, with Advice and Consent of the Magistrates, to impose such Taxes upon all the Inhabitants, Burgesses and others, within the said Town, Cannongate and Suburbs thereof, as they shall find just and necessary, for purging and cleansing the said Town of the foresaid Nastiness, and that all Execution by Horning or summar poinding, proceed against the Inhabitants for payment of their Proportions: And Recommends to the Lords of Session, to meet with the Magistrates, and to Proceed in the said Matter. as well in time of Vacans, as in the time of Session; And Ordains the present Magistrates and their Successors, to put all such Acts and Ordinances as shall be agreed upon, and settled by the Lords of Session, for the effect abovementioned, to vigorous Execution, under the pain and certification abovementioned, to be incurred by the Magistrates yearly, in case the said City of Edinburgh be not effectually cleansed, and purged of the foresaid Nastiness and Beggars, without any relief to the Magistrates out of the Common-Good of the said Burgh, or from the Inhabitants. XIII. ACT Of Dissolution in Favours of the Duke of Gordon. June 8. 1686. OUR SOVEREIGN LORD, and Estates of Parliament, Taking to their Consideration, the many signal Services done and performed to His Majesty and His Royal Ancestors by the Family of Huntly, for many ages, with the eminent Sufferings of several of the Representatives of that Family, for their constant adherence to the True Interests of the Crown, and the great Services and Sufferings of George Marquis of Huntly, Grandfather to George now Duke of Gordon, who for His Loyalty to His Majesty's Royal Father, of blessed memory, was by the then Rebels Condemned, and thereafter cruelly murdered on a Scaffold: And also, Taking into their Consideration the constant Loyalty, great Services and Merits of the said George Duke of Gordon, who has fully answered and improven the high and honourable Characters of Loyalty and Nobility, Derived unto him by his Predecessors, and his readiness by himself, his Friends and Followers, in subduing the late Rebellion. As also, His Majesty and Estates of Parliament, Considering That Mr. Robert bailie, sometime of jerriswood, being upon the 24 day of December 1684 Found guilty by an Assize of the Crime of high Treason, was Forefaulted by His Majesty's Justice-General, Justice-Clerk, and Commissioners of Justiciary. And by the 42 Act of the first Session of His Majesty's current Parliament, The Lands and Barony of Mellarstanes, and all other Lands, Teinds and Rights whatsomever, pertaining to the said Mr. Robert bailie, were Unite, Annexed, and incorporate to the Crown of this His Majesty's ancient Kingdom; And the said's Lands and Barony of Mellarstanes and Fawns, with the Pertinents lying within the Lordship of Gordon, Huntly, Parochin of and Sheriffdom of Berwick, did anciently belong to, and were holden of the said George Duke of Gordon, and his Predecessors, and are specially contained and engrossed in their, and his Infeftments, under the great Seal of this Kingdom: And His Majesty's Commissioner, as having special Warrant and Instruction from His Majesty, Having proposed and Expounded in plain Parliament, That His Majesty upon the Considerations foresaid, and as a mark of His Royal Bounty and Favour, resolved to bestow on the said Duke of Gordon, the Lands which did anciently hold of his Family in the Merse, as well as such as yet hold of himself, all of which belonged to the said Mr. Robert bailie, late of jerriswood: And the Estates of Parliament, after mature Deliberation, Treating and Consulting anent the Premises (re integra) being fully satisfied and convinced, That the foresaid Services and Sufferings, done and endured by the said George Duke of Gordon, his predecessors and himself, for His Majesty and His Royal Ancestors; The truth whereof is sufficiently known, and did appear to them, are Just, Sufficient and Important Reasons, concerning both His Majesty's Interest, and the public Good and Welfare of this Kingdom, That they should Advise and Consent to His Majesty's Giving and Disponing the saids Lands and Barony of Mellarstanes and Fawns, with the Pertinents above-exprest, to the said George Duke of Gordon, his Heirs and Assigneys: And for that effect that the said's Lands should be Dissolved from the Crown, and from the said Act of Annexation. THEREFORE His Majesty, with Advice and Consent of the Estates of Parliament, Decerns, Ordains and Declares, That the said's Lands and Barony of Mellarstanes and Fawns, with the Pertinents formerly pertaining to the said Mr. Robert bailie sometime of jerriswood, may be Disponed to the said George Duke of Gordon, and his foresaids; And for that effect has Dissolved, and hereby Dissolves the same from the Crown, and Patrimony thereof, and from the foresaid Act of Annexation, and from all other Acts of Annexation, and from all Clauses, Qualities and Conditions thereincontained: And His Majesty, with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution, having proceeded upon the Advice and Deliberation of the Estates of Parliament (re integra) And found by the saids Estates, to be for Great, Weighty and Reasonable Causes, concerning the Good, Welfare and public Interest of the whole Kingdom, first proposed and Advised, and maturely pondered and considered, before any previous Grant, or other Right or Deed, Given, Made, or Done by His Majesty, in favours of the said George Duke of Gordon, and his foresaids, of the Lands above-written, with the Pertinents, or any part or portion of the same, Doth fully satisfy the whole Clauses, Conditions and Qualifications contained in the foresaid Act of Annexation, and shall have the Force, Strength and Effect of a general Law, or Act of Parliament, and shall be as valid, and effectual to the said George Duke of Gordon, and his foresaids, for their Security of the said's Lands and Barony of Mellarstanes and Fawns above-exprest, with the Pertinents, as any other Act of Dissolution Granted by His Majesty, or His Royal Ancestors, with Advice and Consent of the Estates of Parliament, in favours of whatsomever person, at any time heretofore. Likeas, His Majesty with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution shall not be understood to fall under, or be comprehended in any Act Salvo jure, to be passed in this or any other Session of this current Parliament, but is hereby excepted therefrom in time coming. XIV. ACT Against Importing Irish-Victual or cattle. June 14. 1686. OUR SOVEREIGN LORD, with Advice and Consent of the Estates of Parliament, Does Ratify and Approve the 3 Act 3 Sess. Par. 2. Ch. 2. Against the Importing of Irish-Victual, with this alteration, Viz. That all the Victual that shall be Imported, shall be sunk and destroyed, and the Seizer or Discoverer, in place of the third part of the Victual allowed him by the foresaid Act, for his Reward, shall have the Boat, Bark, or Vessel wherein the said Victual shall be Imported, to dispose of at his pleasure, together with the half of the Fines, by the foresaid Act Imposed upon the Importers, Recepters and Heretors, and the other half of the said's Fines to belong to His Majesty: As likewise His Majesty, with Advice and Consent foresaid, Enacts and Ordains, That no Horse, Mare, or cattle whatsomever, shall be Imported from Ireland to this Kingdom, under the pain and Penalty of Forefaulture, of the Horse, Mares, or cattle that shall be Imported, and further of paying the sum of an hundred Marks Scots for each Beast that shall be so Imported, the one half of both the Beasts and Fines to belong to the Seizer and Discoverer, and the other half to His Majesty: As likewise, That no Person within this Kingdom, Resett or Buy any Horse, Mares or Nolt, That they know to be Imported out of Ireland, under the pain of an hundred marks Scots for each Beast, besides the Forefaulture of the Beasts themselves, the one half to belong to the Discoverer, (he always pursuing and instructing the same Importation within six Months after) and the other half to His Majesty; And Recommends to the Lords of Council, to nominat and appoint such Persons as they shall think fit for seeing this Act put in Execution. XV. ACT Declaring that Inhibitions shall not be prejudged by Recognition. June 14. 1686. OUR SOVEREIGN LORD, with Advice and consent of His Estates of Parliament, Statutes and Ordains, That in time coming, no Inhibition duly Execute, shall be prejudged or disappointed by the Debtors, doing Deeds after the Inhibition inserting Recognition; But that the Lands falling under Recognition, shall be burdened with the prior Inhibition and ground thereof. XVI. ACT For Burying in Scots Linen. June 14. 1686. OUR SOVEREIGN LORD, For the Encouragement of the Linen-Manufactures in this Kingdom, and prevention of the Exportation of the Moneys thereof, by Importing of Linen, Doth, with Advice and Consent of His Estates of Parliament, Statute and Ordain, That hereafter no Corpse of any Persons whatsoever, shall be Buried in any Shirt, Sheet, or any thing else, except in plain Linen, or Cloth of Hards, made and Spun within the Kingdom, without Lace or Point; Discharging from henceforth the making use of Holland, or other Linen-Cloth made in other Kingdoms, all Silk, Hair, or woollen, Gold or Silver, or any other Stuff whatsoever, than what is made of Flax or Hards, Spungius and Wrought within the Kingdom, as said is, and that under the pain and Penalty of 300 pounds' Scots, toties quoties, for a Nobleman, and 200 Pound for each other Person, whereof the one half to the Discoverer, and the other half to the Poor of the Parish, where the said's Corpse shall be so Interred: And for the better Discovering of the Contraveeners, It is hereby further Statute and Ordained, That every Minister within the Kingdom, shall keep a Book, containing an exact account and Register of all Persons, buried within their said Parish; As also, That some one or more of the Relations of the Person Deceated, or other credible Person (Tenants in the Country and Cottars being always excepted) shall within eight days after such Interment, bring a Certificate upon Oath in Writing, Witnessed by two famous Persons to the Minister, Declaring, That the said Person was Wound or Wrapped in manner herein-prescribed; Which Certificats are to be Recorded by the Minister or Reader of the Parish gratis, without exacting any money therefore. And if no Relation of the Party buried, or other Person shall bring such a Certificate, within the said time of eight days, That then and in that case, the Goods and Gear of the Party Deceased, shall be, and are hereby Declared, to be liable to the foresaid Forefaulture, to be pursued at the Instance of the Minister of the said Parish, before any Judge competent; and in case the Parties prove litigious by Advocating, or Suspending the said Sentence; The said's Judges are hereby Authorized and Impowered to modify Expenses as they shall find cause: And if such persons Died in familia, The Father and Mother, or other Relations, in whose Family they Die, are hereby Declared liable for the said Fine: And it is hereby Statute and Ordained, That if the Minister in whose Parish any such Corpse shall be so Interred, prove negligent in pursuing the Contraveeners within six Months after the said Burial, he is hereby Declared liable for the said Fine, the one half to the Poor, and the other half to the Discoverer, to be divided in manner foresaid. As also, His Majesty, with Advice foresaid, Statutes and Ordains, That no Wooden Coffin shall exceed an hundred marks Scots, as the highest Rate for Persons of the greatest Quality, and so proportionally for others of meaner Quality, under the pain of two hundred marks Scots for the Contravention. XVII. ACT For Writing Seasins by way of Book. June 14. 1686. OUR SOVEREIGN LORD, Taking into His Consideration, That Seasins do extend to great length by reason of inserting and repeating of the whole Provisions of the Charter therein; THEREFORE His Majesty, with Advice and Consent of His Estates of Parliament, for the more easy and commodious perusal thereof, Statutes and Ordains, That it shall be lawful for Parties, if they think fit, To cause Write and Extend their Seasins by way of Book, the attestation of the Nottar condescending upon the number of the Leaves in the Book, and each Leaf being Signed by the Nottar and Witnesses, to the giving of the Season; And Ratifies all Seasins already Written by way of Book, by Warrant of His Majesty's Privy Council. XVIII. ACT Appointing the Publication of the Testimonies of Witnesses. June 14. 1686. OUR SOVEREIGN LORD Considering how much it does import and concern the Good and Interest of His Majesty's Liedges, and the due Administration of Justice, That Witnesses be distinctly and fully Examined, and their Depositions Written in plain and clear Words, as they are given; THEREFORE, His Majesty with Advice and Consent of the Estates of Parliament, Statutes and Ordains, That in all Processes presently depending, or to be intented before the Lords of Privy Council, Lords of Session, and all other Judges within this Kingdom, The Witnesses who are made use of, and adduced therein, shall be Examined in presence of the Parties, or their Advocats, they being present at the Diets of Examination; and that there be publication of the Testimonies of the Witnesses in the Clerks hands, allowed to the Parties gratis, before Advising, To the effect Parties may have Copies thereof, if they think fit, any Law or Act of Parliament, Custom or Usage to the contrary, notwithstanding. XIX. ACT Anent the Registration of Seasins and Reversions. June 14. 1686. OUR SOVEREIGN LORD Considering, That where Seasins and other Writs and Diligences appointed to be Registrat, are duly presented to the Keepers of Registers, it is their Duty to cause carefully Book and Registrat the same, for the security of the Party, and Intimation of the Liedges; THEREFORE His Majesty, with Advice and Consent of His Estates of Parliament, Statutes and Ordains, That where Seasins and other Writs are presented to the Keepers of Registers, and delivered back to the Party, bearing, A Record and Attestation under their hand that the same are Registrat; It shall make the same sufficient and valid for the security of the Party, albeit by the omission or negligence of the Keeper of the Register, or his Deputs, They should not be found Booked or insert in the Register; And to the effect that all Deputes entrusted with the care and keeping of the Registers, may Faithfully do, and execute their Office▪ His Majesty with Advice and Consent foresaid, Statutes and Ordains, That in case by their omission or negligence, any Writs presented to them, and marked with their hands to be Registrat, shall not be found booked and insert in the Register, The saids Deputs, Guilty of such omission and negligence, shall be punishable as Forgers of the public Registers and Records, and shall be liable in Damnage and Prejudice to any Party who shall be prejudged by the said omission or negligence. And His Majesty with Advice foresaid, Statutes, Ordains and Declares, That these Presents shall no ways deerogate from the 16th Act of the 22 Parliament K. ja. the 6th. Entitled, Act anent the Registration of Reversions, Seasins and other Writs, which shall remain in its full Force and Strength in all Points, as before the making of this present Act. XX. ACT Anent the Nomination of the Clork to the justices of Peace. June 14. 1686. OUR SOVEREIGN LORD, and Estates of Parliament, Considering that by a Clause in the 16th Act of the last Session of this current Parliament, Anent justices of Peace; The said's Justices are allowed to nominat their own Clerks, which is a Right and Privilege, belonging to the Secretaries of State, The Clerkships of the Justices of Peace being Dependences of the Secretary's Office; THEREFORE, His Majesty, with Advice and Consent of the Estates of Parliament, Has Repelled, cass and Annulled, and hereby Repels, Casses and Annuls the foresaid Clause in the Sixteenth Act of the last Session of this current Parliament, Allowing the justices 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 SOVEREIGN 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 Seacoasts, Isles, Creiks, Firths and Loches, about the Kingdom, are not only Honourable and Useful, but most necessary for Navigation, and may prevent several Shipwrecks, The want of such exact Maps, having occasioned great losses in time past: And likewise, thereby Foreigners may be Invited to Trade with more Security on our Coasts; And Considering, That john 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 Expense; 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 Foreign Ship, yearly, for the space of five years next ensuing, Commencing from Whitsunday this year 1686. and this for defraying the Charge of Hydrographical Maps, for the use of the Seamen, which one shilling, and two shilling respectiuè per Tun, Is hereby Ordained to be Collected by the several Collectors of His Majesty's Customs, who are to deliver the same to the general Collector, or Fermer of His Majesty's Customs, yearly upon Oath, at the Term of Martinmas, and the same to be paid in to any, the Lords of His Majesty's Privy Council shall appoint to receive the same, to be given to the said john Adair, as the said's Lords shall appoint, at the said Term, ilk year, during the space above-written; and the said's Collectors are also to deliver to the said john Adair, subscribed Lists of the said's Ships, with their respective Burdens, as the ground of their Charge yearly: And the said john Adair is to give account yearly at Martinmas, of what progress he hath made, as to the Hydrographical Maps to His Majesty's Privy Council, or such as they shall Commissionat for Inspecting the same. As also, for Defraying his Expense, for drawing of the Maps of the several Shires, It is Statute and Ordained, That the Sheriffs of each respective Shire, Bailies of Regality, Stewarts of Stewartry, shall, at the desire of the said john 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 Expense of Surveying the said Shire, to be Collected by the Collector of His Majesty's Supply, immediately after the said Meeting. As likewise, That they appoint one or two knowing men, in each Paroch, to go alongst with the said john 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 john Adair, upon his presenting the Draught of the Map, to the respective Sheriffs, or others foresaid. And likewise, The said john Adair, giving account yearly to His Majesty's 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 Majesty's Privy Council. XXII. ACT and Commission for Plantation of Kirks, and Valuation of Teinds. June 14. 1686. FORASMUCH, as His Majesty's Father, of ever blessed memory, out of His Royal Care and Zeal for the Reformed Religion within this Kingdom, and the Maintenance 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 immediately after His attaining and succeeding to the Crown, Gave Forth and Emitted His Royal Declaration anent the Premises, 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 Majesty's 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 Majesty's 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 diets, 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 said's 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 Rectify 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 Maintenance and Provisions. Providing always, Likeas it is hereby expressly 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 Majesty's Advocate, in respect of His Majesty's Annuity, except it can be proven that Collusion was used, betwixt the Titulars and Heretors, or betwixt the Procurator-fiscal and the Heretors and Titulars: Which Collusion is Declared to be, when the Valuations are Led with the Diminution of the third part of the just Rent: Which Diminution shall be proven by the party's Oath, and with power to the said's Commissioners, or Quorum foresaid; Where Ministers are not already sufficiently provided, or have not Localities already assigned to them for their Stipends, out of the Teinds within the parochs where they Serve the Cure, according to the Quantities, Proportions and Rules contained in the 19 Act of the Par. 1633. To modify, settle and appoint constant local Stipends to each Minister out of the Teinds of the Paroch where they Serve the Cure; With Power also to the said's Commissioners, to grant Recompense by Prorogation of Tacks to Parties, for all augmentations of Stipends which are granted since the year 1630. or shall be granted, and that effeiring to the augmentations already granted, or to be granted, as the said's Commissioners shall think fit. And sicklike, To Disjoin too large and spacious parochs, to cause erect and build new Churches, to Annex and Dismember Churches, as they shall think convenient; And to take Order that every Heretor and Liferenter shall have the leading and buying of their own Teinds, if they be willing, according to the Rules prescribed by the 19 Act, and Commission granted by His Majesty, with Consent of His Estates of Parliament, in Anno 1633. And the Acts of Parliament therein-mentioned: With power to Determine all Questions concerning the prices of Teinds, betwixt Titulars and others having Right thereto, and the Heretors, and to appoint such Securities in favours of Titulars and others having Right to Teinds, for their prices, to be granted to the Heretors, and others liable in payment of valued Duties, or buyers of the said's Teinds, and in favours of the Ministers, as to their Maintenance, as the said's Commissioners shall think fitting, according to the Rules set down in the said Act 1633. And each Heretor, whose Teinds belongs to Titulars of Erection, to have power and Liberty to buy the Teinds of his own Lands, whether Valued or not, within the space of three years after the Date of this Act, with this Declaration always, That in case the Impediment, during the time foresaid, flow from the Titular, by reason of his Minority, or other inability; In that case the Heretor who offered to buy his own Teinds, within the space foresaid, shall have place so soon as the Impediment shall be removed, to buy his Teinds, notwithstanding of the expyring of the years, and space after-exprest. And it is Declared, That if the Heretor be Minor, and his Tutor neglect the buying of his Teinds within the foresaid space, the Minor shall have Action for two years after his minority, to compel the Titular to sell his said's Teinds; And generally, with power to the said's Commissioners to Decide and Determine in all other Points, which may concern the Drawing or Leading of Teinds, the selling or buying of the same, or payment of the Rates thereof, contained in the former Acts of Parliament, or set down in the general Determination, given out by His Majesty's Royal Father of blessed memory; And if any person or persons shall find themselves grieved, and complain of the Injustice, or Exorbitancy of any Decreet or Sentence given in any of the Commissions during the time of the late Troubles, with power to the said's Commissioners, to take the same to their Consideration, and alter, annul, or allow the said's Decreets and Sentences as they shall find just; And it is always Provided and Declared, that the Arch-Bishops and Bishops, and other Beneficed Persons, being Ministers, and their Successors, shall not be prejudged of the Rents whereof their Predecessors were in actual and real Possession; and which by the Laws of the Kingdom were due to them in anno 1637. Or whereof they are presently in Possession, and that they shall be no further bound, but according to the Conditions and Provisions expressed in the Submissions made by the Bishops to His Majesty's Royal Father of blessed memory, of the date, the day of 1628. and Registrat in the Books of Commission for Surrenders and Teinds, upon the 15 day of july 1631. And whereas it may fall out, that some of the Commissioners may be unable to attend the Service through Death, Sickness, or other known Impediment. THEREFORE, His Majesty Declares, That He shall be careful to fill their places with other persons qualified, whose Oaths (for faithful Discharging of the same) shall be taken by the Lord Chancellor, or in his absence by the Lord Precedent of the Commission for the time; And Ordains this present Commission to endure ay and while the same be Discharged by His Majesty. And the Acts, Decreets and Sentences thereof to have the Force, Strength and Effect of a Decreet or Sentence of Parliament; And the Lords of Session to grant Letters of Horning, poinding and others necessary to be direct upon the said Decreets and Sentences, in manner contained in the foresaids' Commissions, And His Majesty with Consent foresaid, hereby Discharges all former Commissions, Declaring the same to be expired. XXIII. Commission for Regulation of judicatures. june 14. 1686. OUR SOVEREIGN LORD from His Royal and Princely Care of the Good and Welfare of this His ancient Kingdom, being desirous to prevent and Redress all abuses and unwarrantable exactions within the same, especially in Offices of Public Trust, and in the Dispensation of Justice, to the effect the same may be speedily and impartially Administrat with as little trouble and expense to His Subjects, as the nature of such Affairs and Proceedings can admit of. And His Majesty likewise Considering, That His dearest Brother, King Charles' the Second of blessed memory, Having by a Commission under the great Seal of this Kingdom, of the Date the 21 of September 1669. For the same end and design, Impowered and Authorized the Persons therein-mentioned, to make such Rules, Orders and Constitutions, as might prevent the same in time-coming; and who in pursuance of the said Commission, did agree upon cetain Articles of Regulation, relating to the Session, Justice-Court and Exchequer▪ All which are Ratified by the 16 Act of the 3 Session of the 2 Parl▪ K. Ch. the Second: But the saids Commissioners were not able through the shortness of time, fully to perfect and accomplish so great and necessary a Work, as the Good and Interest of the Kingdom requires. And His Majesty being now fully Resolved to prosecute so good a Work for the universal good of His Subjects, and to perfect the same, that His Subjects may be convinced, and sensible of their great Happiness and Prosperity under His Protection and Government; THEREFORE His Majesty, with Advice and Consent of His Estates of Parliament, Gives full Power, Warrant and Commission to Whereof the number of to be a Quorum, to meet and conveen at Edinburgh, the day of years, and thereafter at such times and diets as they shall appoint; And with power to the said's Commissioners to take full and exact Trial of all abuses, and other Exorbitancies or Exactions, which are practised in prejudice of His Majesty's Liedges, in any Offices of Judicature, or others within this His Ancient Kingdom; And to take Trial and Information by all manner of Probation thereanent, and how the said's Abuses have crept in, and from what time, and to take notice and trial of the Authors and Committers thereof; and to Transmit an exact and perfect Account of the same to His Majesty, that He may signify His Royal Pleasure, and give what Directions therein He thinks just. And for the effectual preventing and restraining the same in time coming. His Majesty with Advice and Consent foresaid, Does hereby Authorise and Empower the foresaids persons, or Quorum thereof, to make such Orders, Acts, and Constitutions for Regulating the same in time coming, as they shall find just, under such Penalties and Certifications to be incurred by the Contraveeners, as the said's Commissioners shall find necessary in that behalf. All which Acts, Ordinances and Constitutions made by the saids Commissioners, and Approven under His Majesty's Royal Hand. His Majesty, with Advice and Consent foresaid, Does Ratify, Approve and Confirm, And Decerns and Ordains the same to be put to Execution, and to have full Force, Strength and Effect against the Contraveeners in all time coming. As likewise His Majesty, with Consent foresaid, Does hereby Authorise and Empower the said's Commissioners, to prescrive and set down clear and distinct Rules for the Inferior Judicatures in this Kingdom, as to their competency, and the Nature of their Jurisdictions, that His Majesty's lieges may be at a certainty, and not be put to trouble and expense by being called and forced to compear and attend before different Courts for the same cause, hereby Inhibiting and Discharging the said's Judges, to proceed or determine in any other Actions or Causes, than what shall be found by the saids Commissioners to be proper and competent for their Jurisdictions; Declaring all such Acts and Decreets to be given and pronounced by them, in matters not competent to their Jurisdictions. to be null and void, and the Judges to be liable to the damnage and prejudice of the Party grieved, and to be punishable at the sight of the Lords of Privy Council, for transgressing their Jurisdiction. And to the effect, so just and necessary a Work may meet with no obstruction from the negligence, or not attendance of the foresaids Commissioners. His Majesty, with Advice and Consent foresaid, Statutes, Ordains and Declares, That the Commissioners, who without a just and lawful excuse, (to be allowed by such of the Commissioners who shall meet) shall not attend the diets of meeting appointed, or to be appointed for carrying on of the said Work, shall incur the pain of tolies quoties, to be disposed of by the Commissioners, as they shall think just; And for which, Letters of Horning and poinding are hereby granted: And it is hereby Declared, That this Commission shall continue and endure, during His Majesty's Pleasure, and ay and while the same shall be recalled, or discharged by His Majesty. XXIV. ACT anent an humble Offer to His Majesty for an Imposition upon certain Commodities, for defraying the Expense of a free Coinage, and other matters relating to the Mint. june 14. 1686. OUR SOVEREIGN LORD, and the Estates of Parliament, Considering the great advantages that may accresce to this His Ancient Kingdom, by encouraging the Importation of Bullion to be Coined in His Majesty's Mint, and that a free Coinage is of all others the greatest encouragement for that end. And the Estates of Parliament taking into their Consideration, That the Charge and Expenses of a free Coinage cannot be supported, without their giving unto His Majesty a suitable Found for the same; THEREFORE, They Do out of a due Sense of His Majesty's great Care for the Prosperity of this His ancient Kingdom, Humbly offer unto His Majesty twelve shillings Scots for each Ounce of Bullion Imposed by the eight Act of the first Session of the second Parliament of King Charles the Second, upon the several Commodity's therein-specified, viz. Spainlsh, Rhenish and Brandy Wines of all sorts, each Tun fourteen pound and eight shilling scots money; French Wines of all sorts, every Tun seven pound four Shillings scots; Paper for Printing and Writing of all sorts, every six Rims twelve shillings scots; Gray-paper every twelve Rims twelve shillings scots; Dails every thousand, three pounds scots; Single-Trees every thousand three pounds scots; Double-Trees every thousand six pounds scots; Double Double-Trees, and all other great Fir-Timber, every thousand twelve pounds scots; Steel every hundred weight twelve shillings scots; Iron and Ironwork, beaten of all sorts, every Tun one pound four shillings scots; Onions and Apples, every two Barrels twelve shillings scots; Mum-beer, every Barrel, two pounds eight shillings scots; Prunes every Tun two pound eight shillings scots; Raisins, Currans and Figs, every Tun six pounds scots; Iron Pots of all sorts, every duzon twelve shillings scots; Soap every Barrel, one pound four shillings scots; Suggar-Candy every hundred weight, six pound scots; Copper-Kettles, Brass-pans', and all other made Work in Brass or Copper, yetlin or beaten, every hundred weight two pound eight shillings scots; Mader, every thousand weight three pounds scots; Hearts of all sorts, every three dozen one pound four shillings scots; Window-Glass of all sorts, every Chest twelve shillings scots; Lemons and Oranges, every thousand twelve shhillings scots; Hopes of all sorts, every hundreth weight, twelve shillings scots, Spanish-Leather, Marikin, Tanned-Leather, Wild-Leather, and all other sorts of Leather, except Muscovia-Leather, every hundred weight twelve shillings scots; Gloves of all sorts, each duzon twelve shillings scots; Whale-bone, or Ballen, every two hundred weight twelve shillings scots: And His Majesty, with Advice and Consent of His Estates of Parliament, Doth hereby Rescind and Annul the eight Act of the second Parliament, first Session of King Charles the second, and in all time-coming, Statutes and Ordains, That the abovementioned sums upon the foresaids' Commodities, Imported into this Kingdom, shall be▪ paid in to the Tacks-men and Collectors of His Majesty's Customs, by the Merchants or other Importers of the saids Goods, before they break bulk, in the same way and manner that His Majesty's Customs upon Foreign Commodities are paid in by the Merchants and others; And Ordains the General-Collectors, Tacks-men and Farmers of His Majesty's Customs, to Compt yearly in Exchequer for the whole Imposition above-specified, according to the rate of twelve shillings scots per Ounce, in stead of the Ounce of Bullion formerly paid in in specie by the Merchants, and to make a general AEque for their several Subcollectors. And His Majesty, with Advice and Consent foresaid, Doth hereby Annex the foresaid Imposition for ever unto the Imperial Crown of this Kingdom, to remain with His Majesty, His Heirs and lawful Successors, in all time-coming, for supporting the Charge and Expense of a free Coinage, and for paying the Salaries of the Officers of Mint. And His Majesty, with Advice and Consent of the Estates of Parliament, Doth hereby appropriate and set apart the foresaid Imposition, allanerly for the use of the said Mint, and the supporting the Charge of a free Coinage. And His Majesty, with Advice and Consent foresaid, Doth hereby Command and Require the Tacks-men and Collectors of His Customs, and their Deputs, to keep the said Imposition apart by itself, and to pay the same quarterly to the Lords Commissioners of His Majesty's Thesaury, Thesaurer-Principal, and Thesaurer-Deput for the time-being, who are hereby Required to keep the said's Moneys and Imposition apart by itself, separate and distinct from all other His Majesty's Customs, and Revenues; And His Majesty's Cashkeeper, or Receivers, are hereby Commanded to keep apart the said Moneys in a secure Chest by itself, whereof the General, or Master of Mint, is to have one Key, and the Cashkeeper or Receivers another Key, and the said Chest is not to be opened without the General or Master of the Mint be present; Nor shall the said's Moneys be delivered but at such times as His Majesty, or His Privy Council shall think sit, to the General and Master of His Majesty's Mint, for payment of the Salaries of the Officers thereof, and for the desraying the expense and Charge of a free Coinage; And for the further encouragement of Merchants and others, to Import Bullion, His Majesty with Advice and Consent of His Estates of Parliament, Statutes and Ordains, That any Merchant or other Person, as well Strangers as Natives, who shall Import into this Kingdom, and bring in to His Majesty's Mint, any quantities of Bullion, or Silver of the fineness of eleven Deniers, two Grains, which is hereby Declared to be the Standart of fineness of this Kingdom in all time coming, they shall receive out again from the General, or Master of His Majesty's Mint, for all such quantities Imported by them, Weight for Weight in His Majesty's Coin▪ of the Standart of fineness, and the species aftermentioned; That is to say, for each pound scots of sixteen ounces, conform to the Standart Pile of scots weight, now in His Majesty's Mint, one pound of sixteen ounces of His Majesty's current Coin, without being liable to any charge or expense whatsoever for Essaying, Melting, Supporting of waist in Coinage of the said's quantities of Bullion, or Silver of the Standart of eleven Deniers, two Grains fine aforesaid; And for every pound of Silver that shall be brought in to the Mint, to be Essayed, melted down, and Coined as aforesaid, that shall be finer upon Essay than the Standart of eleven Deniers, two Grains aforesaid, there shall be delivered for the same to the Merchants, or other Importers thereof by the Officers of the Mint, so much more than a pound, as the same doth in proportion and value amount unto the fineness and value, and for every pound of Silver that shall be brought in to the Mint to be Essayed, melted down, and Coined as aforesaid, that shall be courser or base than eleven Deniers, two Grains fine, there shall be delivered by the Officers of the Mint, so much less than a pound, as the same doth fall short in fineness and value. It is always hereby Declared, That it shall not be lawful to the Officers of the Mint, to Import or bring in to be Coined any Bullion, either in their own name, or in the name of others, with certification, if they contraveen, it shall be holden a malversation in their Office, and punished according to the Laws of the Kingdom; And Statutes and Ordains, That there shall be three Piles of Weight, whereof one to be keeped in Exchequer, one by the Dean of Gilled of Edinburgh, and the third in the Mint-House. And likeas, that there shall be a Standart, or Printed Table keeped in the Mint-House, of the value of Money or Bullion, according to the Denominations of Weights used in the Mint of Deniers, Grains, Primes and Seconds; and the ordinary Denominations of Pounds, Ounces, Drops and Grains, by which Merchants or others may know what they are to give in, or get out, when their Bullion doth arise above, or fall below the Standart appointed. And His Majesty and Estates of Parliament, Do hereby Statute and Ordain, That there shall be no preference in point of Essaying, or Coinage; But that all Siler brought in, and delivered in to the Mint, to be Essayed & Coined, shall be Essayed, Coined and Delivered out to the respective Importers, according to their Order and times of bringing in, and Delivering the same to the Mint, and not otherways, so as he that shall first bring in and Deliver any Silver to be Coined, shall be holden and accounted the first person to have the same Essayed, Coined and delivered, and he or they that shall bring in the Silver next, to be accounted the second person, to have the same Essayed, Coined and Delivered, and so successively in course, and that the Silver brought in, and Coined as aforesaid, shall be in the same Order Delivered to the respective Bringers in thereof, their Heirs, Executors and Assigneys, successively without preference of one before another, and not otherways; and if any undue preference be made in entering of any Silver, or Delivering out of Coined Money, contrair to the true intent and meaning of this Act, by any Officer, or Officers of the Mint, or their Deputs and Servants, than the Party or Parties offending, shall be liable to legal Execution, as for a just Debt, and to pay the value of the Silver brought in and not entered, and Delivered according to the true intent and meaning of this Act, with Interest, besides Cost and Damnages to the Party or Parties grieved, and shall over and above ipso facto be Deprived, lose and amit their Office or Offices: Providing always, that it shall not be Interpreted any undue preference, to incur any Penalty, in point of Delivery of Moneys Coined, if the Officer, or Officers, their Deputs or Servants shall deliver out, or pay any Moneys Coined to any person or persons that do come and demand the same upon subsequent Entries before others, that did not come to demand their moneys in their Order and Course, so as there be so much money reserved as will satisfy them, which shall not be otherways Disposed of, but kept for them. And for the better clearing of what quantities of Bullion, are from time to time Delivered in to His Majesty's Mint: As likewise, what quantities of Silver do pass His Majesty's Irons, His Majesty, with Advice foresaid, Does Statute and Ordain, That there shall be a Clerk, or Book-keeper in the Mint-Office, who shall be obliged to keep two Registers or Records, in fair Parchment-Books, and in one of them, set down the times of in-giving the several quantities of Bullion, by the Merchants and others, in presence of the In-giver; which Book shall be made patent to any that shall require the same gratis, under the pain of Deprivation: As likewise to receive subscribed Accounts from the Master-Warden, Counter-Warden, and the Essay-master, of all the quantities of Silver Coined in His Majesty's Mint, according to the Standart and fineness; Which Account so given in to him, he is to Record in his other Register, and the whole Officers of the Mint, or their Deputs, for whom they shall be answerable, are to subscribe the same quarterly, to the effect, that it may be known what quantities of Silver are past His Majesty's Irons from time to time. And likewise, That the several Officers of the Mint are to keep particular Books of Record in their respective Offices as formerly; all which Registers are to be made and keeped upon their highest peril; And for the more orderly and clear performance hereof, It is hereby Statute and Ordained, That the Master of His Majesty's Mint for the time-being, or his Deput, shall at the time of the Delivery, and Entry of any Silver in the said Mint, give to the Bringer, or Bringers in thereof to be Coined, a Note, or receipt under his hand, Denoting the Weight, Fineness, and value thereof, together with the day and Order of its Delivery in to the said Mint, bearing in the Body of it, a Clause of Registration; It being always hereby expressly Provided, That the Master of His Majesty's Mint shall be obliged to Deliver back again to the Inbringers, any quantity of Bullion he shall Receive from them, in His Majesty's Coin, within the space of ten days, if the Bullion do not exceed six thousand pound scots; and on fifteen days, if it do not exceed twelve thousand pound scots: And in case the quantity be greater, within twenty days, and in case of Failzie, the Merchants or Importers, shall have legal Diligence against him, by Charging him with Horning, upon Registration of his Note aforesaid, with Interest, by and attour Cost and Damnage therefore; And for the further Encouragement and Assurance of such as shall Import, and bring in to His Majesty's Mint, any quantities of Silver to be Coined, His Majesty and Estates of Parliament, Statutes and Ordains, That'no Confiscation, Forefaulture, Seizure, Arrestment, Stop, or Restraint whatsomever, shall be made in the said Mint, of any Silver brought in to be Coined, or by reason of any Embargo, Breach of Peace, Letters of Mark, or Reprysal, or War with any Foreign Nation, or upon any other account or pretence whatsoever, public or private; But that all Silver brought in to His Majesty's Mint, within this Kingdom to be Coined, shall truly, and with all convenient speed, be Coined and Delivered out to the Inbringers thereof, their Heirs or Assigneys, according to the Rules and Directions of this Act. And His Majesty and Estates of Parliament, further Enact and Declare, That the General, or Master of His Majesty's Mint, shall be obliged to give the Coinage free to any Merchant, Strangers, or others Importers, or Inbringers of Bullion; and in case the General or Master of His Majesty's Mint, shall refuse to accept of, Enter and Coin any quantity, or quantities of Bullion, to be brought in by the Merchants, or others into His Majesty's Mint, the General, or Master for such refusal (the Merchant or Importer taking Instruments in a Nottars hand thereupon) shall ipso facto be deprived of their Offices respective; It being always hereby Provided, that in case the quantities of Bullion to be Imported, shall exceed the Stock of Money granted to His Majesty for supporting of a free Coinage, in that case the General, or Master of His Majesty's Mint, is to make application to the Lords of Privy Council, and to acquaint their Lordships therewith, to the end, that by their appointment, the Commissioners of His Majesty's Thesaury, Thesaurer-Principal, or Thesaurer-Deput for the time being, may furnish and advance eighteen pounds Scots money, for every Stone that shall be brought in by Merchants, or others to be Coined in the Mint, until the next Parliament, or Session of Parliament thereafter, shall take unto their Consideration, the manner of Re-imbursing His Majesty for the said Advance. It being always hereby Declared, That the Officers of the Mint shall not be liable to the Obligation aforesaid, for refusing to Coin any such quantities brought in to the Mint to be Coined, in case upon any accident, the Commissioners of His Majesty's Thesaury, Thesaurer-Principal, or Thesaurer-Deput for the time being, shall refuse or delay to pay eighteen pound scots per Stone for the Coinage aforesaid. And His Majesty and Estates of Parliament, for certain weighty Considerations, Do hereby Statute, Ordain, and Declare, That in all time coming, the species of Current Coin within this Kingdom, shall be, five shillings, ten shillings, twenty shillings, forty shillings, and sixty shillings scots pieces, to be Coined of the Standart of fineness and Weight aftermentioned, viz. The sixty shillings scots pieces is to Weigh, according to the Denomination of Weights used in the Mint, twenty one Deniers, eighteen Grains, ten Primes, eighteen Seconds; and in the ordinary Denomination of Weights, fourteen Drop, eighteen Grains: And in regard that the sixty shilling scots piece of the Weight aforesaid, cannot be brought to a certain number, to make up a scots pound weight, without Fraction; Therefore it is hereby Declared, that the lesser species of Coin shall be Delivered to the Merchant, or others Importers of Bullion, to make up the just Weights; and when it shall fall out, that the Fraction is less than a five shilling scots piece, in that case the Merchant, or Importer shall have such a proportion of a five shilling piece clipped off, and delivered to him, as may make up the just quantity of a pound weight, by which means there will be in a scots pound weight, according to the Standart Pile of Weights now in the Mint, seventeen sixty shilling pieces, one twenty shilling piece, one ten shilling piece, one five shilling piece, and a small Fraction of three shilling four pennies scots; The forty shilling scots piece is to weigh according to the Denomination of Weights used in the Mint, fourteen Deniers, twelve Grains, seven Primes, and four Seconds, and according to the ordinary Denomination of scots Weight, nine Drop, twenty four Grains, whereof twenty six, and one ten shilling piece, one five shilling piece, and a small Fraction of three shilling four pennies scots, makes a pound weight; The twenty shilling piece is to weigh according to the Denomination of Weights used in the Mint, seven Deniers, six Grains, three Primes, fourteen Seconds, and according to the ordinary Denomination of scots Weight, four Drop, thirty Grains, whereof fifty two, and one ten shilling piece, one five shilling piece, and a small Fraction of three shilling four pennies scots, makes a scots pound Weight; The ten shilling piece is to weigh according to the Denomination of Weights in the Mint, three Deniers, fifteen Grains, one Prime, nineteen Seconds, and according to the ordinary Denomination of scots Weight, two Drop, fifteen Grains, whereof one hundred and five, one five shilling piece, and a Fraction of three shilling four pennies scots, makes a scots pound weight; The five shilling piece is to weigh, according to the Denomination of Weights in the Mint, one Denier, nineteen Grains, twelve Primes, twenty one Seconds, and according to the ordinary Denomination of scots weight, one Drop, seven Grains and a half, whereof two hundred and eleven, and a Fraction of three shilling four pennies scots makes a scots pound Weight. It is always hereby Provided, that if upon trial, it shall be found that the weight of the several species of the money appointed by this Act, shall be any way prejudicial to the Interest or Trade of this Kingdom, that in that case His Majesty, with Advice of His Privy Council, may Rectify or alter the same as they find Cause; But because it may sometime fall out casually, that money be not Coined and Fabricat exactly in all things, to the true Standarts of Weight, and fineness above, and after-specified: THEREFORE His Majesty and Estates of Parliament, Statute and Ordain, that if it shall casually fall out, that any species of Coin to be Coined for the future within this Kingdom, be lighter or heavier than the Standart of Weight aforesaid, the Officers of the Mint may Deliver the same, providing always it be merely accidental and casual, and do not exceed the quantities afterspecified, viz. Two Grains over, or under the true Weight of every sixty or forty shilling piece, One Grain over, or under the true Weight of every twenty shilling, ten shilling, or five shilling scots piece, above-specified, appointed to be Coined by this present Act: As also, if the money in the species foresaid to be Coined, shall fall out accidentally to be a Grain finer, or courser than the true Standart of eleven Denier, two Grains upon every twelve Ounces Weight, so to be Coined, the Officers of the Mint may Deliver out the money to the Merchants, or others, according to these remeeds of Weight and fineness above specified; It is hereby always expressly provided, that the Officers of the Mint shall by rio means Work and Fabricat the money with regard to the Remedies foresaid, as they will be answerable at their highest peril. And it is Statute and Ordained, That they shall keep an exact Record of all these Remedies, both of Weight and Fineness, and Compt for the same yearly in Exchequer, for His Majesty's use; And Appoints and Ordains in all time coming, that the Essay-master shall take two pieces of every Journal, that he shall cut off so much of one of the pieces as will make an Essay, and shall put up the remainder, and the other whole piece, with the Reported Essay▪ All which shall be put into the Pix, the Wairden, or Counter-Wairden, being always present, which is to be opened once every year in the month of December, at the sight of the Privy Council. And it is hereby Declared, That the trial of the Pix being made, the whole Silver in the Pix is to be returned to the Master as his own, and the Say-master is to have no part of it; The Pix shall have three Keys, one to be kept by the Lords of Thesaury, or Thesaurer for the time being, one by the General, and one by the Warden▪ principal of the Mint; And His Majesty, with Advice and Consent foresaid, Doth Statute and Ordain, That all the money to be Coined for the time to come within this Kingdom, shall be Lettered and Grained round the edges, that is to say, the sixty and forty shilling pieces shall be Lettered, the twenty, ten shilling, and five shilling scots pieces shall be Grained round the edges, the particular Impression, Inscriptions, and Reverses; As likewise what poportion of each species of money shall be Coined in each Stone Weight of Silver, are hereby left and Recommended to the Lords of His Majesty's Privy Council, who are by this present Act fully impowered to Consider and Cognosce upon the fineness and weight of the Gold Coin, when His Majesty shall think fit to Grant Warrant for the same, and to Regulat, Appoint and Determine the fineness, weight and species of the said Gold Coin, and to Ordain and Appoint such Impression, Inscription and Reverse, as they shall see cause. And His Majesty and Estates of Parliament Do further Statute and Ordain, That no Copper shall be Coined without His Majesty's express Warrant; And that all Copper which shall be Coined conform to His Warrant, shall be Coined in two penny and six penny scots pieces, and that forty of the six penny pieces, and sixscore twelve of the two penny pieces shall make a pound: And Recommends to the Lords of Privy Council, to appoint Trial to be taken of the weight of every Journal of Copper, before it go out of the Mint-House, and what Profit shall arise by the Coinage of the Copper, the Officers of the Mint shall be liable to count for the same to the Exchequer. And His Majesty and Estates of Parliament, Do hereby further Statute and Ordain, That the sum of twelve thousand pounds scots of the Imposition aforesaid, imposed by this present Act, upon the Commodity's above-specified, shall be in all time coming set apart for payment of the Officers-fees, maintaining of the Fabric of the Mint, and providing new Tools, and other incident Charges relating to the Mint, in manner after-specified, viz. The General of the said Mint, the sum of three thousand six hundred pounds scots as his Fee and Salary; the sum of two thousand four hundred pounds scots to the Master of the Mint, and this over and above the sum of eighteen pounds' money for every stone of Silver that shall be Coined and passed His Majesty's Irons, to be paid to him out of the remainder of the said Imposition, for supporting a free Coinage as aforesaid; The sum of one thousand two hundred pounds scots money to the Principal Wairden; The sum of one thousand two hundred pounds scots to the Essay-master; The sum of seven hundred and twenty pounds' scots money to the Counter-Wairden; The sum of six hundred pounds scots to the Sinker or Graver; The sum of four hundred and eighty pounds' scots money to the Clerk or Book-keeper; The sum of three hundred thirty three pounds six shilling eight pennies scots to the Clerk of the Bullion, who is to be Clerk for the time to come to this new Imposition, as he was formerly to the Bullion, or twelve shilling per Ounce paid in lieu thereof; To the Master-Smith, the sum of three hundred and sixty pounds' scots, as their Fees and Salaries; and the sum of eleven hundred six pound thirteen shilling four pennies scots, to be paid in to the General and Master, for maintaining the Fabric of the Mint-House, providing of new Tools, and other incident Charges reraling to the Mint, for which they are to count yearly to His Majesty's Exchequer, and the overplus (if any shall be) To go to the stock of free Coinage aforesaid: The which sum of twelve thousand pounds scots for the Officers of the Mint, and other expenses thereof, is to be paid to the General and Master of the said Mint, together with the sum of eighteen Pounds per stone to the Master for the Coinage 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 Coined in His Majesties in't, shall pass His Majesty's Irons without taking a second Essay thereof, as if the same were newly brought in to the Mint to be Coined; And to the effect that all matters relating to the Coinage 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 Majesty's Privy Council, by some of their number, to try every Journal of Coin by itself distinctly, and to take exact trial of all matters relating to the Coinage, both as to the weight and fineness of the money, and other matters relating to the said Mint, twice every year, viz. In the months of july 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 counting yearly to the Lords of His Majesty's Exchequer and Thesaury, for all matters committed to their Trust. XXV. ACT Rescinding a Clause in the Address, made by the Parliament, against the late Earl of Argile. june 15. 1686. OUR SOVEREIGN LORD Taking into His Consideration the 36 Act of the first Session of this Parliament, Entitled, Act anent the Address of the Estates of Parliament, of His Majesty's ancient Kingdom of Scotland, to His Sacred Majesty, against the Arch-Traitor, Archibald Campbel, sometime Earl of Argile; And that His Majesty from His unparallelled Clemency, and Goodness, has been graciously Pleased to Pardon and Indemnify several persons, who were accessory to, and involved into the said Rebellion, notwithstanding the Estates of Parliament from their zeal to His Majesty's Service, and Detestation of the said Rebellion, Did by their Address humbly Desire, they should for ever be incapable of mercy, and that any of His Majesty's Subjects who should interceded 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 Majesty's Mercy, or the Intercessions of any of His Majesty's 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. june 15. 1686. OUR SOVEREIGN 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 Majesty's 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 Majesty's hands, by the Forefaultur of Mr. William and Alexander gordon's, elder and younger of Earlstoun, james 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 said's 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 passed in Exchequer, the said's Lords should take their Security to pay the superplus, if any were, that the said's 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 said's Lords, of the 15th of February 1681. Required them to take sufficient Security of the said's persons for payment of their share of the expense disbursed out of His late Majesty's Thesaury, towards the suppressing of the Rebellion in the year 1679, not exceeding two years Rend of the said's Forefaulted Estates, and accordingly the saids Donatars granted Security to the said's Lords in the Terms foresaids. As also, OUR SOVEREIGN LORD Considering, That His Majesty by His Letter of the last of October 1685. upon the Consideration that the said's Estates did not exceed, but are rather considerably short of the said's six hundred pounds Sterling per annum, and of the great trouble and expense, 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 said's 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 Majesty's 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 january 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 Cousin and Counsellor, Alexander Earl of Murray, Conjunct-Secretary of State for the Kingdom of Scotland, and his Majesty's high Commissioner therein for the time, to represent the matter in Parliament for a Dissolution of the said's 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 june, One thousand six hundred eighty five years, Which Annexation proceeded upon a Supposition that the yearly Rent exceeded six hundred pound Sterling a year; Whereas now upon serious Examination it is found short; Which Considerations being this day Proponed in plain Parliament, and the Estates of Parliament having fully pondered and Considered the whole matter, and the truth thereof being sufficiently known, and made appear to them, by production of the foresaid Charter, Act of Exchequer, and other Evidences requisite; And by the said Lord high Commissioner his Grace, his Declaration in pluin Parliament, in name of, and by Warrant from His Majesty: His Majesty and Estates of Parliament, after mature Deliberation, Finds the same just, sufficient, and reasonable Causes for Advising His Majesty to Dissolve the said's three Forefaulted Estates, all particularly mentioned in the said Charter, from the Crown, that the same may pertain, and belong to, and remain with the said Sir Theophilus Ogilthrop and his foresaids, as their own proper heritage, heretably and irredeemably in all time coming; And THEREFORE, His Majesty with Advice and Consent of the Estates of Parliament, has Dissolved, and hereby Dissolves the same Lands and three Forefaulted Estates aforesaid from the Crown and Patrimony thereof, and from the said Act of Annexation, and from all Clauses, Conditions and Qualifications thereincontained; And Finds, Decerns and Declares, that the foresaid Dissolution having proceeded upon the Grounds, Causes, and Deliberation aforesaid in plain Parliament, Does satisfy all the Conditions, Clauses and Qualifications contained in the foresaid Act of Annexation, past the said last Session of Parliament, and shall have the Force, Strength, and Effect of a General Law and Act of Parliament, and shall be as valid and effectual to the said Sir Theophilus Ogilthrop and his foresaids, for their Security of the said's Lands and Estates as any Dissolution Granted by His Majesty or Royal Ancestors, with Advice and Consent of Their Estates of Parliament for the time, in Favours of whatsomever person or persons at any time heretofore, and that notwithstanding of any Clauses, Conditions, or Qualifications contained in the said Act of Annexation; And notwithstanding of any Security granted by the saids Donatars, or any of them in Exchequer. And His Majesty with Consent foresaid, hereby Ratifies, Approves and Confirms the said Act of Exchequer, and Grounds thereof in all Points. And Lastly, His Majesty and Estates of Parliament, Finds and Declares, That this present Act shall not fall under the Act Salvo jure, to be passed in this, or any other Session of this Current Parliament, but is hereby excepted forth thereof, in all time coming. XXVII. ACT of Dissolution of the Lands of Grange in Favours of Sir Thomas Kennedy, Lord Provost of Edinburgh. june 15. 1686. OUR SOVEREIGN LORD, and Estates of Parliament taking into their serious Consideration, That His Majesty's Commissioner, as having special Warrant and Instruction from His Majesty, having proposed and proponed in plain Parliament, the Loyalty and Fidelity of Sir Thomas Kennedy Lord Provost of Edinburgh, and the good and acceptable Services performed by him to the Crown and Kingdom, in the diligent Suppressing of the late tumult within the City of Edinburgh, and since; And Considering also the Service done by the said Sir Thomas Kennedy, against the Rebels at Bothwell-Bridge; And likewise the constant Loyalty and eminent Services and Sufferings of lieutenant-colonel Thomas Kennedy of Kirkhill his Father, and his Firm Adherence to the Crown, in so far as the said Lieutenant Colonel Kennedy having attended the late King of ever blessed memory at Worcester Fight, he was then taken Prisoner, and detained eighteen Months in the Kingdom of England, and afterwards sent Prisoner to Leith, from whence after he had stayed some while, he was transported to Air, and kept Prisoner there until the year 1659. And his Estate in the meantime Sequestrat, and possessed by the Usurpers, and himself absolutely ruined: All which Services and Sufferings being proposed and laid open in plain Parliament, to the end the three Estates might give His Majesty their Advice, Judgement and Determination re integra, whether the same were good and reasonable Causes for Dissolving from the Crown, the Lands of Grange, formerly pertaining to Thomas Kennedy sometime of Grange, with all other Lands, Heretages and Rights which belonged to the said Thomas, and which fell in His Majesty's Hands, through the Doom and Sentence of Forefaulture, given and pronounced against him upon the day of One thousand six hundred years, by the Lords of Justiciary for the Crime of Treason and Laes-Majesty, committed by the said Thomas, and were annexed to the Crown by the forty two Act of the first Session of this Current Parliament: And the said's Estates of Parliament, after mature Deliberation, and Treating and Consulting anent the Premises, being fully satisfied and convinced, That the said's particular Services and Sufferings, Done, Performed and Undergone by the said Sir Thomas Kennedy, Lord Provost of Edinburgh, and Lieutenant Colonel Thomas Kennedy his Father, the truth whereof is sufficiently known, and did appear to them, are just, sufficient and important Reasons, concerning both His Majesty's Interest, and public Good and Welfare of this Kingdom, That they should Advise and Consent to His Majesty's Giving and Disponing the foresaids' Lands of Grange, and others above-exprest, to the said Sir Thomas Kennedy, his Heirs and Assigneys; And for that effect, that the said's Lands should be Dissolved from the Crown, and from the said Act of Annexation. THEREFORE His Majesty, with Advice and Consent of the Estates of Parliament, Decerns, Ordains and Declares, That the said's Lands of Grange, formerly pertaining to the said Thomas Kennedy sometime of Grange, and all other Lands, Heretages and Rights, which belonged to him, and which came in His Majesty's hands, and were annexed to the Crown in manner foresaid, may be Disponed to the said Sir Thomas Kennedy Lord Provost of Edinburgh, and his foresaids; And for that effect, has Dissolved, and hereby Dissolves the same from the Crown and Patrimony thereof, and from the foresaid Act of Annexation, made the sixteenth of june One thousand six hundred and eighty five, and from all other Acts of Annexation, and from all Clauses, Qualities and Conditions therein contained: And His Majesty with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra, and found by the saids Estates to be for Great, Weighty and Reasonable Causes, Concerning the Good, Welfare, and public Interest of the whole Kingdom, first Proposed and Advised, and maturely Pondered and Considered, before any previous Grant, or other Right or Deed, Given, Made or Done by His Majesty, in Favours of the said Sir Thomas Kennedy and his foresaids, of the Lands and others abovementioned, or any part or portion of the same, Does fully satisfy the whole Clauses, Conditions and Qualifications contained in the foresaid Act of Annexation, and shall have the Force, Strength and Effect of a General Law or Act of Parliament, and shall be as valid and effectual to the said Sir Thomas Kennedy and his foresaids, for their Security of the Lands and others above-exprest, as any other Act of Dissolution passed by His Majesty, or His Royal Ancestors, with Advice and consent of the Estates of Parliament, in favours of whatsomever person or persons at any time heretofore; And Declares that this Act shall not be comprehended under the Act of Salvo jure, to be passed in this present Session, or any subsequent Session of this Current Parliament, but is hereby excepted therefrom. XXVIII. ACT Dissolving the Lands of Cultness, North-Berwick and Goodtries from the Crown june 15. 1686. OUR SOVEREIGN LORD, and Estates of Parliament, Taking into their Consideration, that His Majesty's Commissioner, as having special Warrant and Commission from His Majesty, Having proposed and expounded in plain Parliament, the great and Faithful Services done to His Majesty, and His Royal Brother of ever blessed memory, by james Earl of Arran, First Gentleman of His Majesty's Bedchamber, and his constant Zeal and Faithfulness to the Interest of the Crown; And particularly, the said Earl of Arran his extraordinary expenses, when Employed by His Majesties said Dearest Brother, as Envoy to the French King, and of his activeness against the late Earl of Argile, and the other Rebels associate with him in the year 1685. For which he had no allowance, at least not suitable to his expenses; and that he had faithfully executed the said's Offices, and did very well behave himself therein; and that he was Instrumental in the Defeat of these Rebels, and had performed several other good and acceptable Services: All which being Proposed and laid open in plain Parliament, to the end the Three Estates might give His Majesty their Judgement, Advice and Determination re integra, whether the same were True, Good and Reasonable Causes of public Concernment, for Dissolving the Lands and Barony of Cultness, lying within the Sheriffdom of Lanerk, and the Lands of North-Berwick, lying within the Constabulary of Haddingtoun, and als the Lands of Goodtries, with the Teinds and Pertinents thereof, lying within the Sheriffdom of Edinburgh, sometime pertaining to Thomas and David Stuarts, late elder and younger of Cultness, together with all other Lands, Annualrents, and others pertaining and belonging to them, from the Crown, and which fell and became in His Majesty's Hands, through the Crimes of Treason and Laes-Majestie, Acted, Committed and Done by them, and either of them, and the Doom and Sentence of Forefaulture, Given and Pronounced against them for the same, upon the and days of and 1685 years, and were Annexed to the Crown, by the forty two Act of the first Session of this Current Parliament, and by the Act of this present Session of Parliament: And the said's Estates of Parliament, after long and mature Deliberation, Treating, and Consulting anent the Premises, being fully satisfied and Convinced, that the particular Services and Expenses abovementioned, Done, Performed and Expended by the said james Earl of Arran, the truth whereof is clearly known, and did appear to them as Just, Weighty and Important Reasons, concerning both His Majesty's Interest, and the Public Good and Welfare of this Kingdom, that they should Advise and Consent to His Majesty's Giving and Disponing the saids Lands of Cultness, North-Berwick, Goodtries, and the other Lands above-written, with the Pertinents, to the said james Earl of Arran, his Heirs or Assigneys; And for that effect, that the said's Lands should be Dissolved from the Crown, and from the said's two Acts of Annexation: THEREFORE, His Majesty with Advice and Consent of the Estates of Parliament, Decerns, Ordains and Declares, That the said's Lands and Barony of Cultness, and Lands of North-Berwick and Goodtries above-written, sometime belonging to the said's Thomas and David Stuarts, late elder and younger of Cultness, with all other Lands, Heretages, Annualrents and others belonging to them, or either of them, which came in His Majesty's Hands, and were Annexed to the Crown in manner foresaid, may be Disponed to the said james Earl of Arran and his foresaids; and for that effect, Have Dissolved, and hereby Dissolves the same from the Crown and Patrimony thereof, and from the said's two Acts of Annexation, the one made the 16 day of june 1685. And the other made the day of May 1686. And from all other Acts of Annexation; and from all Clauses, Qualities and Conditions therein contained. And His Majesty, with Advice and Consent foresaid, Finds, Decerns and Declares this present Act of Dissolution, having proceeded upon Advice and Deliberation of the Estates of Parliament re integra, and found by the saids Estates, to be for Great, Weighty and Reasonable Causes, concerning the Good, Welfare and public Interest of the whole Kingdom, first Proposed, Advised and maturely Pondered and Considered in plain Parliament re integra, and found by the saids Estates to be for Great, Weighty and Reasonable Causes, before any previous Grant, or other Right or Deed, Given, Made or Done by His Majesty, in favours of the said james Earl of Arran, and his foresaids, of the Lands and others abovementioned, or any Part or Portion of the same, Does fully satisfy the whole Clauses, Conditions and Qualifications contained in the two foresaids' Acts of Annexation, and shall have the Force, Strength and Effect of a general Law and Act of Parliament, and shall be as valid and effectual to the said james Earl of Arran and his foresaids, for their Security in the saids Lands of Cultness, North-Berwick, Goodtries, and others above-exprest, with the Pertinents, as any other Act of Dissolution Granted by His Majesty, or His Royal Ancestors, with Advice and Consent of Their Estates of Parliament, in Favours of whatsoever Person at any time heretofore. Likeas, His Majesty, with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution is, and shall not be understood to fall under, or be comprehended in any Act Salvo jure, to be passed in this, or any other Session of this Current Parliament, but is hereby excepted therefrom in all time coming. It is always hereby Declared, That this Act of Dissolution of the Lands of North-Berwick, which did once belong to the said Thomas Stuart, sometimes of Cultness, shall not prejudge the Senators of the College of Justice, as to their Right and Interest in these Lands, who are hereby Declared preferable for the same. XXIX. ACT of Dissolution in Favours of the late Earl of Terrace. june 15. 1686. OUR SOVEREIGN LORD and Estates of Parliament taking into their Consideration, That His Majesty's Commissioner, as having special Warrant and Instruction from His Majesty, having proposed and expounded in plain Parliament, the great benefit and advantage that did arise to the Crown and Government of this Kingdom, by the full and sincere Confession made by Walter late Earl of Terrace, of several Matters and Circumstances, relating to the late horrid Conspiracy, the Discovery whereof, did in a great measure contribute towards the preventing the fatal Consequences and Effects, which so apparently Threatened the Peace of His Majesty's Dominions: As also the Promises and Assurances given to him at the time of the said Discovery of his Prince's Bounty and Favour upon that account: All which being proposed and laid open in plain Parliament, to the end the three Estates might give his Majesty their Judgement, Advice and Determination re integra, whether the same were True, Good and Reasonable Causes, for Dissolving from the Crown, the Lands of Robertoun, Howcleuch and Borthwick-mains, with the Pertinents which formerly appertained to the said Walter, late Earl of Terrace, and came in his Majesty's Hands through the Doom and Sentence of Forefaulture, given and pronounced against him before the Lords of His Majesty's Justiciary, upon the day of One thousand six hundred years, and were annexed to the Crown, by the 42 Act of the first Session of this Current Parliament: And the said's Estates of Parliament, after mature Deliberation, and Treating and consulting anent the Premises, being fully satisfied and convinced, that the particular Services done and performed by the said Walter, late Earl of Terrace, in his Confession and Discovery foresaid, and the benefit and advantage thereby accrueing to the Crown and Kingdom, and the Promises and Assurances given to him of his Prince's Bounty and Favour, the Truth whereof is sufficiently known, and was made appear to them, are Just. Weighty and Important Causes, concerning both His Majesty's Interest, and the public Good and Welfare of this Kingdom, that they should Advise and Consent to His Majesty's Giving and Disponing the saids Lands of Robertoun, Howcleuch and Borthwick-mains, with the Pertinents, to the said Walter late Earl of Terrace, his Heirs and Assigneys: And for that effect, that the same should be Dissolved from the Crown, and from the foresaid Act of Annexation. THEREFORE, His Majesty with Advice and Consent of the Estates of Parliament, Decerns, Ordains and Declares that the said's Lands of Robertoun, Howcleuch and Borthwick-mains, with the Pertinents, may be Disponed to the said Walter, late Earl of Terrace, and his foresaids; And for that effect, has Dissolved, and hereby Dissolves the same from the Crown and Patrimony thereof, and from the foresaid Act of Annexation, made the sixteenth day of june One thousand six hundred eighty five, and from all other Acts of Annexation, and from all Clauses, Qualities and Conditions thereincontained. And His Majesty, with Advice and Consent foresaid, Finds, Decerns and Declares, That this present Act of Dissolution, having proceeded upon the Advice and Deliberation of the Estates of Parliament re integra; And found by the saids Estates, to be for Great, Weighty and reasonable Causes, concerning the Good, Welfare and Public Interest of the whole Kingdom, first Proposed and Advised, and maturely Pondered and Considered before any previous Grant or other Right or Deed, Given, made or Done by His Majesty, In Favours of the said Walter late Earl of Terrace, and his foresaids, of the Lands and others abovementioned, or any Part or Portion of the same, Does fully satisfy the whole Clauses, Conditions, and Qualifications contained in the foresaid Act of Annexation, and shall have the Force, Strength, and Effect of a General Law, or Act of Parliament, and shall be als Valid and Effectual to the said Walter late Earl of Terrace, and his foresaids▪ for their Security of the Lands and others above-exprest, as any other Act of Dissolution, Granted by His Majesty, or His Royal Ancestors, With Advice and Consent of the Estates of Parliament, in favours of whatsoever Person at any time heretofore. Likeas, His Majesty with Advice and Consent foresaid, Finds, Decerns and Declares, that this present Act of Dissolution shall not be understood to fall under, or be comprehended in any Act Salvo jure, to be passed in this, or any other Session of this Current Parliament, but is hereby excepted therefrom in all time coming. XXX. ACT Anent the Measure of Bark▪ june 15. 1686. OUR SOVEREIGN LORD and Estates of Parliament, Taking to their Consideration the great prejudice that does arise through the uncertainty of the measure of Bark within this Kingdom; Do Statute and Ordain, That the constant measure of Bark in all time coming shall be as follows, viz. That twenty two Gallons shall be the measure of one Boll of unbeaten Bark, and so proportionally for lesser measures, and that the Linlithgow Barley measure, shall be the measure for all small beaten mallowie Bark; And prohibites and Discharges all Persons whatsomever, to make use of any other measures than the measures aforesaid, in buying or selling of Bark in time coming, under the pain of an hundred pounds' scots, toties quoties, beside the Forefaulture of the Bark, so bought or sold. XXXI. ACT In Favours of John Meikle Founder, and others of that Trade. june 15. 1686. HIS MAJESTY and Estates of Parliament taking to Consideration, the great advantage that the Nation may have by the Trade of Founding, lately brought into this Kingdom by john Meikle, for casting of Bells, Cannons, and others such useful Instruments, Do for Encouragement to him, and others in the same Trade, Statute and Ordain, That the same shall enjoy the benefit and privileges of a Manufacture in all points, as the other Manufactures newly Erected, are allowed to have by the Laws and Acts of Parliament, and that for the space of nineteen years next following the date hereof. XXXII. ACT Salvo I●re Cujuslibet. june 15. 686. OUR SOVEREIGN LORD, Taking to Consideration, That there are several Acts of Ratifications, and others past and made in this Session of Parliament, in favours of particular persons, without calling or hearing of such as may be thereby concerned or prejudged; Therefore His Majesty, with Advice and Consent of the Estates of Parliament, Statutes and Ordains, That all such particular Acts, and Acts of Ratification passed in manner foresaid, shall not prejudge any third Party of their lawful Rights, nor of their Actions and Defences competent thereupon, before the making of the said's particular Acts, and Acts of Ratifications; And that the Lords of Session, and all other Judges of this Kingdom, shall be obliged to Judge betwixt Parties, according to their several Rights, standing in their Persons, before the making of the said's Acts: All which are hereby Exponed, and Declared to have been made, Salvo jure Cujuslibet. XXXIII. ACT of Adjournment. june 15. 1686. THE King's Majesty Declares this Parliament Current, and Adjourns the same to the 16 day of August next, 1686. And Ordains all Members of Parliament to attend that Day: And that there be no new Election of Commissioners from Shires or burgh's, except upon the Death of some of the present Commissioners. Collected and Extracted from the Registers and Records of Parliament, by TARBAT, Cls. Reg. A TABLE Of the Printed ACTS. 1 ACT of Dissolution of the Lands of Cesnock and Duchal. Pag. 3 2 Act for the better Inbringing of His Majesty's Supply. Pag. 5 3 Act Ordaining Interlocutors to be Subscribed by Judges. Pag. 6 4 Act Ordaining all Executions to be Subscribed by the Witnesses, without necessity of Stamping. Pag. Ibid. 5 Act anent the Session. Pag. Ibid. 6 Act for the Christmas Vacans. Pag. Ibid. 7 Act of Dissolution of the Lands and Barony of Torwoodlie, in Favours of Lieutenant General Drummond. Pag. 7 8 Additional Act anent Highways and Bridges. Pag. 8 9 Act of Annexation of the Baronies of Muirhall and Melfort to the Crown. Pag. 9 10 Act Ordaining Pursuers to furnish the Act to the Defenders, whereon they are to Depone▪ Pag. 11 11 Act for Winter-Herding. Pag. Ibid. 12 Act for Cleansing the Streets of Edinburgh. Pag. Ibid. 13 Act of Dissolution in Favours of the Duke of Gordon. Pag. 12 14 Act against Importing Irish-Victual, or cattle. Pag. 13 15 Act Declaring that Inhibitions shall not be prejudged by Recognition. Pag. Ibid. 16 Act for Burying in Scots▪ Linen▪ Pag. 14 17 Act for Writing Seasins by way of Book. Pag. Ibid. 18 Act appointing the publication of the Testimonies of Witnesses. Pag. 15 19 Act anent the Registration of Seasins and Reversions. Pag. Ibid. 20 Act anent the Nomination of Clerks to the Justices of Peace. Pag. Ibid. 21 Act in Favours of john Adair, Geographer, for Surveying the Kingdom of Scotland, and Navigating the Coasts and Isles thereof. Pag. 16 22 Act and Commission for Plantation of Kirks, and Valuation of Teinds. Pag. 17 23 Act for Regulation of Judicatures. Pag. 18 24 Act anent an humble Offer made to His Majesty for an Imposition upon certain Commodities, for defraying the expense of a free Coinage, and other matters relating to the Mint. Pag. 20 25 Act Rescinding a Clause in the Address, made by the Parliament, against the late Earl of Argile. Pag. 24 26 Act Dissolving the Lands and Estates of Earlstoun, Craichlaw, and Caitloch from the Crown. Pag. 25 27 Act of Dissolution of the Lands of Grange in favours of Sir Thomas Kennedy, Lord Provost of Edinburgh. Pag. 26 28 Act Dissolving the Lands of Cultness, North-Berwick and Goodtries from the Crown. Pag. 27 29 Act of Dissolution in favours of the late Earl of Terrace. Pag. 28 30 Act anent the Measure of Bark. Pag. 29 31 Act in favours of john Meikle Founder, and others of that Trade. Pag. Ibid. 32 Act Salvo jure Cujuslibet. Pag. Ibid. 33 Act of Adjournment. Pag. 30 A TABLE Of the Acts and Ratifications Past in the second Session of His Majesty's first Parliament, and which are not here Printed. PRotestation by some Noblemen and others, concerning their Precedency in the Rolls of Parliament. His Majesty's Letter to the Parliament, with the Parliaments Answer. Act for several yearly Fairs and Weekly Mercats to some Noblemen and others. Act of Dissolution of the Lands of Ochiltrie, in favours of William Cochran. Act Dissolving from the Crown, Lands which held of other Superiors than the King. Act in favours of the Duchess of Hamilton, anent the Office of Justice-General, in the Isle of Arran. Act and Reference to the Council anent the Importation of Prohibited Goods. Act in favours of the Shire of Ross. Act Rescinding a Commission Granted the last Session of Parliament anent the Estate of Argile. Act Rescinding the 33 Act of the first Session of this Current Parliament. Act adding some Commissioners of Supply and Justices of Peace to several Shires. Act in favours of Monsieur Culbert, Marchio de Schanko. Act in favours of Sir Alexander Gibson. Act for Rebuilding the Bridge of Ugie. Act in favours of Robert Cuninghame of Achinhervie. Act in favours of the Duke of Gordon. Act in favours of Mr. Walter Birnie Minister. Act appointing the Earl of Morray, and Lord Down in his absence, Conveener in the Shire of Inverness. Ratification in favours of the Duke of Gordon. Ratification in favours of the Earl of Perth, Lord High Chancellor. Two Ratifications in favours of the Duchess of Buccleugh. Ratification in favours of the Earl of Middletoun. Ratification in favours of the Earl of Dumbartoun. Two Ratifications in favours of the Viscount of Melfort. Two Ratifications in favours of the Viscount of Tarbat. Ratification in favours of General Drummond. Ratification in favours of the Laird of Balnagoun. Ratification in favours of Sir Thomas Stuart of Gairntullie. Ratification in favours of Sir james Stuart of Bute. Ratification in favours of Sir james Caddel of Muirtoun. Ratification in favours of Sir Colin Campbel of Aberurquhile. Ratification in favours of Sir Archibald Cockburn of Langtoun. Ratification in favours of Sir Thomas Kennedy, Lord Provost of Edinburgh. Ratification in favours of Sir Charles Stuart and Sir William Ker. Ratification in favours of Sir William Sharp of Stonny-hill. Ratification in favours of Sir john Gordon Advocate. Ratification in favours of the Laird of Inverneity. Ratification in favour of Hugh Mcleod of Cambiscurrie. Ratification in favours of Mr. Alexander Mclean of Ottar. Ratification in favours of john Reid of Bara. Ratification in favours of Captain Edward Burd. Ratification in favours of Mr. William Gordon Advocate. Ratification in favours of George Keith of Criechie. Ratification in favours of james Urquhart of Knockleith. Ratification in favours of Robert Miln his Majesty's Mr. Mason. Ratification in favours of Lady Mary Bruce and William Cochran. FINIS.