THE LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVEREIGN WILLIAM, By the Grace of GOD, KING of SCOTLAND, ENGLAND, FRANCE and IRELAND, Defender of the Faith.  
Holden and Begun at EDINBURGH, May 9 1695. By JOHN Marquis of Tweeddale, Earl of Gifford, Viscount of Walden, Lord Hay of Yester, and Lord High Chancellor of this Kingdom.  
His Majesty's High Commissioner for Holding the same, 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 Castlehaven, etc. Clerk to His Majesty's Councils, Exchequer, Registers and Rolls, etc.  
EDINBURGH, Printed by the Heirs and Successors of Andrew Anderson, Printer to His most Excellent Majesty, Anno DOMINI 1695.  
CUM PRIVILEGIO.   

LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVEREIGN WILLIAM, By the Grace of GOD, KING of SCOTLAND, ENGLAND, FRANCE, and IRELAND, Defender of the Faith.  
Holden at EDINBURGH the 9 Day of May, 1695.  

I. ACT For a Solemn Fast. May 16. 1695.  
THE ESTATES OF PARLIAMENT, taking to their Consideration, the great Important War, wherein His MAJESTY continueth to be necessarily Engaged, for Defence of the True Reformed Religion, the Safety of this, and His other Kingdoms, and the Recovery and Establishment of the Rights, Liberties and Peace of the rest of Christendom, so much at this time Invaded and Disturbed, with the continual Hazards, to which His Majesty's Sacred Person is thereby exposed; As likewise the Dangers which do thence threaten this Kingdom, and all that can be dear to his Majesty's good Subjects therein, either as Christians, or Men, both by Invasion from abroad, and the froward Disaffection, and restless Machinations of evil and unnatural Countrymen at home; And how much it is the Duty and Interest of all good Men, for these Causes, and on this Occasion, to implore the Mercy, Favour and Blessing of Almighty GOD, for Preservation of His Majesty's Royal Person, and Directing, Assisting and Prospering Him in all His Counsels and Undertake: And more especially, that GOD would countenance and assist Him in the present War, give Him Success to His Arms by Sea and Land, and defeat all the Designs, Counsels and Practices of His secret and open Enemies, both at home and abroad, for the Preservation of the True Protestant Religion, securing the Safety of these Kingdoms, and the happy restoring the Peace of Europe. And the Synod of Lothian and Tweeddale, now met at Edinburgh, having made Application to my Lord Commissioner for this end: Therefore His Majesty, with Advice and Consent of the said Estates of Parliament, doth hereby Command and Appoint, that the second Thursday of june next, being the thirteenth day of the said Month, be set apart as a day of Solemn Fasting and Humiliation, for making Prayers and Supplications to GOD, for the Ends abovementioned; and that the said day be Religiously and Strictly Observed by all Persons within this Kingdom: And Ordains all Ministers to read these presents publicly in their Congregations a Sunday at least before the said second Thursday of june next, appointed for keeping the said Fast; Certifying such of the lieges who shall not give due Obedience, or shall Contemn or Neglect the Keeping and Observing the said Day and Duties, that they shall be proceeded against by Fyning, not exceeding One hundred pounds' Scots Money, And Warrants and Commands the Sheriffs, Stewarts of Stewartries, Lords and Bailies of Regalities, and their Deputs, Justices of Peace, Magistrates of burgh's within their several Jurisdictions, to proceed against the Persons guilty, and exact the Fines accordingly, to be applied, the one half to the Judge, and the other half to the Poor of the Paroch; And certifying such Ministers as shall fail in their Duty, in not Reading this Proclamation, and observing the Duties therein prescribed, they shall be processed before the Lords of His Majesty's Privy Council. And hereby requires all Sheriffs, Stewarts, Lords and Bailies of Regalities, and their Deputs Justices of Peace, Magistrates of burgh's, and their Clerks, to make Report to the Lords of His Majesty's Privy Council, of these Ministers who shall fail of their Duty herein. And Ordains these Presents to be Printed, and Published at the Mercat Cross of Edinburgh, and hail remanent Mercat Orosses of the Head burgh's of the several Shires, and Stewartries within this Kingdom, that none may pretend Ignorance: And that Copies be dispatched in the usual manner, to the Sheriffs and Stewarts, Bailies of Regalities, or their Deputs, and Magistrates of burgh's; as likewise to all Ministers, that they may seriously exhort all Persons to a sincere and devout Observance of the Premises.   

II. ACT Regulating Citations before the Parliament. May 28, 1695.  
HIS MAJESTY, with the Advice and Consent of the Estates of Parliament, finding it necessary that the order of summonding private Parties to appear before them be cleared and regulat, Do therefore STATUTE and ORDAIN, that the manner of summonding private Parties, in Actions raised either before, or during the sitting of the Parliament, shall be for hereafter, and from the Day and Date hereof in this manner, viz. That in prosecution of Protests for remeid of Law, the Party at whose instance Summonds is to be granted, may give in his Bill, containing the matter of his Cause or Complaint, Signed by himself, or an Advocate for him, which being subscribed by one of the six Clerks of Parliament, and presented before the sitting of the Parliament, to any of the Officers of State, or the time of the sitting of the Parliament, to the Lord Chancellor, or Precedent of the Parliament for the time, or any of the said Officers of State, the same may be by them past in Course, and that as to all other Causes that may be brought before the Parliament, Summons and Warrants for Citation shall for hereafter only be granted by deliverance either of Parliament in time of Parliament, or of the Lords of Session upon a summar Citation, to abide neither Continuation or Roll, in praesentia, in the Recesses and intervals of Parliament, upon a Bill containing Subscribed and Presented as above, and no otherwise: which Warrants for Citation being granted, Summons in his Majesty's Name shall be thereon directed, to Macers, if the Party cited be within the Town of Edinburgh, for summonding the said Party, if within the said Town of Edinburgh, on forty eight hours, and if elsewhere within the Kingdom, (excepting Orkney and Zetland) upon fifteen days warning, or if in Orkney or Zetland, upon forty days personally, or at his dwelling House; or if without the Kingdom, upon sixty days warning, at the Mercat Cross of Edinburgh and Peer and Shoar of Leith, to compear before His Majesty, and the said Estates of Parliament, where and when the Parliament shall be appointed to meet, or shall be met for the time, with continuation of days, and with certification. And also, for summonding of Witnesses, as is usual before the Lords of Council and Session, which Summons to be expede by deliverance, as said is, shall pass under the Signet of the Session; and the Party at whose instance the same is raised, shall pay to the Clerk of Parliament or Session aforesaid, for writing and subscribing of the Bill and Letters, the Sum of twelve Pound Scots and no more, on any pretence whatsoever, and for affixing the Signet the Sum of three Pounds Scots and no more: Declaring that if any Adjournment of Parliament one or more shall happen to intervene, betwixt the giving of Citations, in manner foresaid, and the day of Compearance, the foresaid Summons shall nevertheless still stand in force, for obliging the Parties and Witnesses summoned to compear at the day to which the Parliament shall be adjourned, and when ever the same shall first meet. And further, it is hereby declared, that at the said day of Compearance before the Parliament, being so met, or any other lawful day thereafter, it shall be leasome to the Clerks of Parliament, at the desire of the Party pursuer, to call the foresaid Summons, after the opening of the House, and before the sitting down of the Parliament, at the patent Gate of the Parliament-house, and if the Party summoned compear, to mark the same, that the Summons with the Executions, and the other Pieces produced by the Pursuer may be given out to see and answer, to the effect the same may be seen and returned, within six days in the Common Form, and so the Cause or Complaint may be ready prepared for the Parliament, to proceed therein, when the same shall be again called in their presence: providing always, that no Decreets be given out in absence, but upon special Application to, and Sentence pronounced by the Parliament, and no otherwise. And excepting always from this Act, all Summons of Treason, and for other public Crimes, and Executions, and Processes thereupon, which are to proceed as formerly. And lastly, providing that the foresaid Citations to be made by deliverance of the Lords of Session, shall found no exception of Prejudiciality against any Party, in any Action, may be raised, until the foresaid Citation be called before, and sustained by the Parliament.   

III. ACT Adjourning the Summer-Session till the first of July 1695. May 30. 1695.  
OUR SOVEREIGN LORD Considering that the sitting of the Parliament, begun the ninth of May instant, may continue for the Month of june next, whereby the lieges cannot attend the Summer Session in its ordinar time; Do therefore; with Advice and Consent of the Estates of Parliament, Adjourn the Session, (which should be in course the first of June next) to the first of july next, continowing all Actions and Causes depending before the Lords of Session to the said first of July: And his Majesty dispenses in the mean time, with the sitting of all inferior Courts, as if the Session had not been adjourned, and notwithstanding of the sitting of the Parliament: And further Declares, that the time and space to run, betwixt the said first of june and the first of july, shall not be reckoned in any short Prescription. And Ordains these Presents to be published at the Mercat-Cross of Edinburgh, and to be forthwith Printed, that the lieges may be thereby certified thereof.   

IV. ACT Anent the justice Court. june 7, 1695.  
OUR SOVEREIGN LORD, for the better Regulating of the Justice Court, and Facilitating and more sure Ordering of the Form and Method of Process therein used: Do therefore, with Advice and Consent of the Estates of Parliament, Statute and Ordain, that in all time coming, the Use and Custom hitherto observed in that Court of Advocats or Procurators their Dictating, and the Clerks writing of the Defences, Duplies, Triplies, Quadruplies and so forth for the Defender and Pursuer be discharged and laid aside, and that in place thereof, His Majesty's Advocate or other Advocats or Procurators for the Pursuer, with the Advocats or Procurators for the Defender or Panel debate the Relevancy viva voce, and that after the said Dispute viva voce is ended, than time be allowed by the Lords and Judges of the said Court, to the effect abovementioned, and that the King's Advocate, or Advocats, or Procurators for the Pursuer, do within the space of forty eight hours, give in to the Clerk his Information in writing subscribed with his hand, that the Advocats or Procurators for the Panel may take it up, and give in their Answers in writing also under their hands, within other forty eight hours, which Information and Answers, shall be by the Clerk recorded in the Books of Adjournal, in place of the foresaid written Dispute formerly in use, and then at the Advising the said Information and Answers, shall be first read in open Court, and if any thing be found new on either side, and not noticed by the other Party, the Parties or Judges shall point the same to the other Party concerned, and hear both Parties thereon viva voce, the Clerk Minuting in presence of, and at sight of the said Judges what is so further Debated, and then the said Judges shall proceed to the Advising. And His Majesty with Advice and Consent foresaid, Ratifies, Approves, and Confirms the whole Rights, Powers and Privileges of the said Court of Justice, and of the Lord Justice General, Lord Justice Clerk and other Judges, and all other Members thereof. And it is further hereby Statute and Ordained, that in all capital Crimes wherein inferior Criminal Courts were hitherto restricted, to try and execute within three Suns, this time shall be hereafter restricted to the Trial and Sentence only, but not to the time of Execution, which is hereby left to the Discretion of the Judge, not exceeding nine days after Sentence.   

V. ACT Anent Principals and Cautioners. june 7. 1695.  
HIS MAJESTY and the Estates of Parliament, Considering the great Hurt and Prejudice, that hath befallen many Persons and Families, and oft times to their utter Ruin and Undoing, by men's Facility to engage as Cautioners for others, who afterwards failing, have left a growing Burden on their Cautioners without Relief: Therefore, and for Remeid thereof, His Majesty with Advice foresaid, Statutes and Ordains, that no man binding and engaging for hereafter, for and with another Conjunctly and Severally, in any Bond or Contracts for Sums of Money, shall be bound for the said Sums for longer than seven years after the date of the Bond, but that from and after the said seven years, the said Cautioner shall be eo ipso free of his Caution; And that whoever is bound for another, either as Express Cautioner, or as Principal, or Co-principal, shall be understood to be a Cautioner, to have the benefit of this Act; Providing, that he have either Clause of Relief in the Bond, or a Bond of Relief apart, intimat Personally to the Creditor at his receiving of the Bond, without prejudice always to the true Principals, being bound in the whole Contents of the Bond or Contract; As also, of the said Cautioners being still bound, conform to the Terms of the Bond within the said seven years, as before the making of this Act; As also providing that what Legal Diligence by Inhibition, Horning, Arrestment, Adjudication, or any other way, shall be done within the seven years by Creditors against their Cautioners, for what fell due in that time, shall stand good, and have its Course and Effect after the expyring of the seven years, as if this Act had not been made.   

VI ACT Regulating the Sale and Payment of Bankrupts Estates. june 18, 1695.  
HIS MAJESTY with Advice and Consent of the Estates of Parliament, for the further Clearing and Explaining of former Laws, anent the Sale of Bankrupts Estates, Statutes, Enacts, and Declares, that it shall be lawful to all Purchasers of Bankrupts Estates, after the space of one year, counting from the Decreet of Sale, and to such as have obtained Decreets of Sale, after the Term of Whitsunday one thousand six hundred and ninety six years, to consign the whole Price offered, with the Annualrent due at the time of the Consignation, or so much thereof, as remains in the hands of the Purchaser, over and above what is warrantably paid to Creditors preferred by the Lords of Session, in the hands of the Magistrates and Town Council of Edinburgh, and their Thesaurer for the time, who are hereby obliged and ordained to receive the same, upon their Receipt in the Terms abovementioned: And for the greater benefit of the Creditors, are further allowed to keep in their hands the consigned Money, for the space of a year from the next Term of Candlesmass, Whitsunday, Lambmass, or Martinmass after the Consignation, upon payment of three per Cent of Annualrent, ay and while it be called for: And the said Magistrates, Town Council, and Thesaurer of Edinburgh for the time, shall be, and are hereby obliged to make forthcoming, the consigned Money in whole, or in part, with the Annualrent thereof, at three per Cent as said is, according as they shall be ordered by the saids Lords of Session, with Certification if they failzie, that they shall be charged with Horning for that effect, and shall be thereafter liable, not only in the tenth part of the principal Sum, called for in name of Penalty; But also in the ordinary Annualrent of the said principal, ay and while the complete payment thereof. And because Purchasers of Lands affected with Liferents, have Retention of a share of the Price: It is hereby Declared, that the Purchaser shall be allowed to consign what remains in his hands, after the Decease of the Liferenter in manner foresaid; he always, making due Intimation of the Consignation to the Creditors who got the rest of the Price. And His Majesty with Consent foresaid, Statutes, Enacts, and Declares, that the Purchaser paying the Price offered to the Creditors, according as they are or shall be Ranked and Preferred by the Lords of Session, or consigning the same in manner foresaid, shall be for ever exonered, and the Security given for the Price, shall be delivered up to be canceled, and the Lands and others Purchased and Acquired, disburdened of all Debts or Deeds of the Bankrupt or his Predecessors, from whom he had Right, and that the Bankrupt, his Heirs, or appearand Heirs, or Creditors without Exception of Minority, not compeating or conceiving themselves to be prejudged, shall only have Access to pursue the Receivers of the Price and their Heirs, and reserving to the Minor Leased his Relief as accords: And further, His Majesty with Advice and Consent foresaid, doth hereby Authorize the Lords of Session, to grant warrant for charging the Magistrates and Thesaurer of Edinburgh for the time, to make payment of the Sums consigned to the several Creditors according to their Preferences, upon the saids Creditors their several Applications to the Lords, and consigning in the Clerks hands, Dispositions and Conveyances in favours of the Purchasers, in so far as their several Rights may affect the Purchase; As also, in case any Debate remain undetermined amongst the Creditors anent their Preferences, it shall be lawful to the said's Lords, upon Application of the said's Creditors, to grant warrant for uplifting and employing the Sums consigned, upon sufficient Security bearing Annualrent.   

VII. ACT For six Months Supply upon the Land-Rent. june 20. 1695.  
THe Estates of Parliament taking into their Consideration, the Dangers that still threaten this Kingdom, by reason of the Continuance of the present War, which visibly require the keeping up of the standing Forces, and the Supplies necessary for their Maintenance; Do therefore humbly and cheerfully for themselves, and in name of this Kingdom whom they represent, make offer to His Majesty of a Supply of Four hundred thirty two thousand pound, extending to six months' Cess; which new Supply, is to be raised and uplifted out of the Land-rent of this kingdom in the same manner, and conform to the Proportions of the Shires and burgh's contained in the sixth Act of the second Session of this Current Parliament, dated the seventh day of june 1690, providing always that the Proportions of burgh's, be rated and paid as their Tax-roll now is, or that be settled by themselves; and this Supply to be paid in two parts, either answering to three months' Cess, viz. Two hundred and sixteen thousand pounds as being the first half thereof, to be paid betwixt and the first day of August, in this present year One thousand six hundred and ninety five: and the other two hundred and sixteen thousand pound, as the other half thereof, betwixt and the first of February, One thousand six hundred ninety six years. And His Majesty considering, that this Supply is granted for such a necessary use, Doth with Advice and Consent of the Estates of Parliament, Declare, that no Person or Persons shall be Exempted from payment of their Proportions of this Supply for their Lands, upon any pretext whatsoever (excepting Mortified Lands, and the Lands of New-milns, belonging to the WoolenManufactory there, for which Mortified Lands, and Lands of New-milns, Deduction is to be allowed in the Quota of the respective Shires) notwithstanding of any former Law, Privilege, or Act of Parliament in the contrary. And His Majesty with Advice and Consent foresaid, doth Nominat and Appoint the same Persons, who are named in the foresaid Act of Parliament, who are alive, and have qualified themselves according to Law, or shall qualify themselves betwixt and the last Tuesday of july next to come, and such others as have been since Nominat by the Privy Council, to be Commissioners for ordering and uplifting this Supply; with the same power to them, to Choice their own Clerk, and to do every thing that may concern the said Supply, as is prescribed and appointed by the said Act, holding the same as repeated herein, and Ordains the same Execution to pass for Inbringing thereof, as is provided by that Act in all points. And Ordains the first Meeting of the said Commissioners for the Shires, to be at the Head burgh's thereof upon the third Tuesday of july next, at ten of the Clock, for the Shires on this side of the River of Tay: And the last Tuesday of july next, for the Shires benorth Tay. And requires the Sheriffs and Stewarts, or their Deputs, to intimat the same to the Commissioners of the respective Shires and Stewartries, with power to them to appoint their subsequent Diets of Meeting and their Conveener from time to time: And also to appoint Collectors with sufficient Caution, as they shall think fit. And commits to His Majesty's Privy Council, upon the Death or not Acceptance of any of the Commissioners of Supply, appointed by this Act, to Nominat and Appoint others in their places. And His Majesty with Advice and Consent foresaid, does Declare, that all Clauses contained in the former Acts of Parliament, and Convention of Estates, in relation to the inbringing of the Cess, and Quartering, and anent Riding Money, shall stand in full Force as to this Supply now imposed, in the same manner as if they were insert herein; except in so far, as these Acts of Parliament or Convention, are Innovat or Altered by the foresaid sixth Act of the second Session of this Current Parliament. And it is hereby Declared, that no Persons liable in payment of this Supply, shall be holden to produce their Discharges or Receipts of the same, after three years from the respective Terms of payment, unless Diligence be done by Denunciation before elapsing of the said three years. And because by the Supply hereby granted, the Land-rent and burgh's of this Kingdom are only burdened; and it being just that the Personal Estates in Money, should bear some Proportion of the Burden: Therefore, His Majesty with Advice and Consent foresaid, Statutes and Ordains, that every Debtor owing Money within the Kingdom at six per Cent of Interest, shall in the payment of his Annualrents for one year, have Retention in his own hands of one of six of the said Annualrents, and this Retention to be for the whole year, viz. from Whitsunday One thousand six hundred and ninety five, to Whitsunday One thousand six hundred and ninety six years. And it is hereby Declared, that it shall be Usury for any Creditor, not to grant the said Retention.  

Follows the Quota of Supply, payable Monthly by the several Shires of the Kingdom.  
THe Sheriffdom of Edinburgh, the sum of three thousand one hundred and eighty three Pounds, eight shillings Scots money Monthly.  
The Sheriffdom of Haddington, the sum of two thousand seven hundred and eighty two Pounds, six shillings.  
The Sheriffdom of Berwick, the sum of two thousand eight hundred and thirteen Pounds, one shilling.  
The Sheriffdom of Roxburgh, the sum of three thousand six hundred and eighty six Pounds, seventeen shillings, six pennies.  
The Sheriffdom of Selkirk, the sum of nine hundred and four Pounds, nine shillings.  
The Sheriffdom of Peebles, the sum of one thousand and forty two Pounds, eight shillings.  
The Sheriffdom of Lanerk, the sum of three thousand and ninety one Pounds, twelve shillings.  
The Sheriffdom of Dumfreis, the sum of two thousand seven hundred and twelve Pounds, seventeen shillings.  
The Sheriffdom of Wigton, the sum of one thousand and four Pounds, fifteen shillings.  
The Stewartry of Kirkcudbright, the sum of one thousand six hundred and seventy four Pounds, eleven shillings.  
The Sheriffdom of Air, the sum of three thousand eight hundred and seventy Pounds, five shillings.  
The Sheriffdom of Dumbarton, the sum of seven hundred and sixty four Pounds, ten shillings.  
The Sheriffdom of Bute, the sum of three hundred and eight Pounds, eight shillings, and eight pennies.  
The Sheriffdom of Renfrew, the sum of one thousand three hundred and fifty three Pounds, seven shillings.  
The Sheriffdom of Striviling, the sum of one thousand seven hundred and fifty four Pounds, four shillings, and six pennies.  
The Sheriffdom of Linlithgow, the sum of one thousand one hundred and sixty nine Pounds, eighteen shillings.  
The Sheriffdom of Perth, the sum of five thousand and thirty eight Pounds, fourteen shillings.  
The Sheriffdom of Kincardine, the sum of nine hundred and eighty four Pounds, one shilling.  
The Sheriffdom of Aberdeen, the sum of four thousand and seventy seven Pounds, nineteen shillings.  
The Sheriffdom of Inverness, the sum of one thousand two hundred and thirteen Pounds, one shilling, and six pennies.  
The Sheriffdom of Ross, the sum of one thousand one hundred and thirty one Pounds, six shillings.  
The Sheriffdom of Nairn, the sum of two hundred and seventy seven Pounds, sixteen shillings.  
The Sheriffdom of Cromarty, the sum of two hundred and fourteen Pounds.  
The Sheriffdom of Argyle, the sum of one thousand nine hundred and forty seven Pounds, ten shillings, and nine pennies.  
The Sheriffdom of Fife and Kinross, the sum of five thousand one hundred and seventy two Pounds.  
The Sheriffdom of Forfar, the sum of three thousand two hundred and seventy three Pounds, fifteen shillings.  
The Sheriffdom of Bamff, the sum of one thousand one hundred and fifty Pounds, four shillings.  
The Sheriffdom of Sutherland, the sum of three hundred and thirty six Pounds.  
The Sheriffdom of Caithness the sum of five hundred & ninety nine Pounds, five shillings.  
The Sheriffdom of Elgin, the sum of one thousand and fifty nine Pounds, five shillings.  
The Sheriffdom of Orkney and Zetland, the sum of one thousand and eighty eight Pounds, ten shillings.  
And the Shiriffdom of Clackmannan, the sum of three hundred and fifty two Pounds, seven shillings and three pennies Scots money.   

Follows the Quota of Supply, payable Monthly by the several burgh's of the Kingdom.  
The City of Edinburgh, the sum of three thousand eight hundred and eighty pounds' Scots Monthly.  
The Burgh of Perth, the sum of three hundred and sixty Pounds.  
The Burgh of Dundee, the sum of five hundred and sixty Pounds.  
The City of Aberdeen, the sum of seven hundred and twenty six Pounds.  
The Burgh of Stirling, the sum of one hundred and seventy two Pounds.  
The Burgh of Linlithgow, the sum of one hundred and fifty six Pounds.  
The City of St. Andrews, the sum of seventy two Pounds.  
The City of Glasgow, the sum of one thousand and eight hundred Pounds.  
The Burgh of Air, the sum of one hundred and twenty eight Pounds.  
The Burgh of Haddington, the sum of one hundred and ninety two Pounds.  
The Burgh of Dysart, the sum of thirty Pounds.  
The Burgh of Kirkaldy, the sum of two hundred and eighty eight Pounds.  
The Burgh of Montrose, two hundred and forty Pounds.  
The Burgh of Couper, one hundred and eight Pounds.  
The Burgh of Anstruther-Easter, eighteen Pounds.  
The Burgh of Dumfreis, the sum of two hundred and thirty Pounds.  
The Burgh of Inverness, the sum of one hundred and eighty Pounds.  
The Burgh of Burnt-Island, the sum of seventy two Pounds.  
The Burgh of Innerkeithing, the sum of thirty Pounds.  
The Burgh of Kinghorn, the sum of forty two Pounds.  
The Burgh of Breichin, the sum of fifty four Pounds.  
The Burgh of Irwine, the sum of sixty Pounds.  
The Burgh of Jedburgh, the sum of one hundred and two Pounds.  
The Burgh of Kirkcudbright, the sum of thirty six Pounds.  
The Burgh of Wigton, the sum of thirty six Pounds.  
The Burgh of Dumfermling, the sum of ninety Pounds.  
The Burgh of Pittenweem, the sum of thirty Pounds.  
The Burgh of Selkirk, the sum of seventy two Pounds.  
The Burgh of Dumbarton, the sum of thirty Pounds.  
The Burgh of Renfrew, the sum of thirty six Pounds.  
The Burgh of Dumbar, the sum of sixty Pounds.  
The Burgh of Lanerk, the sum of sixty Pounds.  
The Burgh of Aberbrothock, the sum of fifty four Pounds.  
The Burgh of Elgin, the sum of one hundred and thirty eight Pounds.  
The Burgh of Peebles, the sum of sixty six Pounds.  
The Burgh of Crayl, the sum of thirty six Pounds.  
The Burgh of Tain, the sum of thirty Pounds.  
The Burgh of Culross, the sum of twenty four Pounds.  
The Burgh of Bamff, the sum of forty two Pounds.  
The Burgh of Whythorn, the sum of eight Pounds.  
The Burgh of Forfar, the sum of twenty four Pounds.  
The Burgh of Rothsay, the sum of thirty Pounds  
The Burgh of Nairn, the sum of nine Pounds.  
The Burgh of Forres, the sum of twenty four Pounds.  
The Burgh of Rutherglen, the sum of twelve Pounds.  
The Burgh of North-Berwick, the sum of six Pounds.  
The Burgh of Anstruther-Wester, the sum of six Pounds.  
The Burgh of Cullen, the sum of eight Pounds.  
The Burgh of Lauder, the sum of thirty Pounds.  
The Burgh of Kintore, the sum of nine Pounds.  
The Burgh of Annand, the sum of twelve Pounds.  
The Burgh of Lochmabban, the sum of eighteen Pounds.  
The Burgh of Sanquhar, the sum of six Pounds.  
The Burgh of New Galloway, the sum of six Pounds.  
The Burgh of Kilrenny, the sum of eight Pounds.  
The Burgh of Fortrose, the sum of eighteen Pounds.  
The Burgh of Dingwal, the sum of eight Pounds.  
The Burgh of Dornoch, the sum of eighteen Pounds.  
The Burgh of Queens-ferry, the sum of fifty four pounds.  
The Burgh of Inveraray, the sum of twenty four Pounds.  
The Burgh of Inverury, the sum of twelve Pounds.  
The Burgh of Week, the sum of twenty pounds.  
The Burgh of Kirkwal, the sum of seventy two Pounds.  
The Burgh of Inverbervy, the sum of six Pounds.  
The Burgh of Stranraer, the sum of twelve Pounds.  
Mr. John Buchan Agent for the Burrows to make up the Quota for the Burrows One thousand two hundred pounds' Scots.   

Follows the Commissioners of Supply, Ordered by the Parliament to be given in by the Noblemen and Commissioners from the several Shires; in place of those dead, or not Qualified, since the Year 1690.  

For the Shire of Edinburgh.  
THE Lord Ross, Sir John Gibson, Dalmenie, Sir Robert Dickson of Sornebeg, Sir George Hamilton of Barnton, Carlops, Rickarton-Craig, James Murray of Poltoun, Mr. James Dalrymple of Killoch, bailie Alexander Calderwood in Dalkeith, Sir James Stewart His Majesty's Advocate, Sir William Baird of Newbyth, bailie John Nairn in Dalkeith.   

For the Shire of Haddingtoun.  
The Earl of Roxburgh, Lord Alexander Hay, Mr. Alexander Hume of Crichne●, William Purvis younger of Ewfoord, James Moor of Bourhouses, John Hay of Athirstoun, John Hay of East-hope, James Rew of chester's, Mr. Hugh Dalrymple of North-Berwick, Sir John Clerk of Pennycook, James Hume of Gamilshiels, David Maitland of Soutrac, William Skirvine of Plewlandhill, Thomas Hamilton of Olive-slob, Hoptouns Chamberlain, Patrick Cockburn of Clerkingtoun younger,  
Wauchope of Stotincleugh, James Mcmorlan of the Earl of Haddingtouns Chamberlain.   

For the Shire of Roxburgh.  
The Earl of Roxburgh, the Laird of Riddel younger, the Laird of Mangertoun, the Laird of Boon-jedburgh, the Laird of Timpenden, John Scot of Weems, William Turnbull of Langraw, Walter Cairncross of Hilslop, James Lithgow of Drygrains younger, Robert Davidson of Hownam, Andrew Young of Oxnam-side, Robert Davidson of Marchcleugh, Mr. Archibald Douglas brother to Cavers, Gideon Eliot of Northsymptoun, William Scot of Burnhead.   

For the shire of Selkirk.  
The Earl of Roxburgh, Francis Scot of Balzielie, William Eliot of Borthwick-brae, George Curror of Hartwoodburn, William Ogilvy of Hartwood-myres, the Laird of Gala younger, the Eldest bailie of Selkirk for the time, Mr. John Murray Sheriff Deput of Selkirk.   

For the shire of Peebles.  
Adam Murray of Cardon, Alexander Monteith of Chappel-hill, Alexander Veitch younger of Glen, William Burnet of Barns, John Law of Netherurd.   

For the shire of Lanerk.  
The Earl of Wigtoun, the Earl of Selkirk, James Master of Carmichael the Laird of Lee, Sir William Hamilton of Whitelaw, one of the Senators of the College of Justice, Sir William Stewart of Castle-milk, John bailie of Welstoun, John Somervel of Gladstones, Allan Lockart younger of Cleghorn, Gavin Hamilton of Raploch, the Laird of Blackwood younger, the Laird of Ferm younger, the Laird of Shiel-hill, William Somervel of Corehouse, Mr. Archibald Hamilton of Dalserff, the Laird of Munkland, the Laird of Boigs, John Hamilton of Udstoun, James Anderson of Stobcorss, the Laird of Cultness younger, John Wardrop of Drummarnock, the Laird of Mauldsly, the Laird of Braidisholm.   

For the Shire of Wigtoun.  
James Earl of Galloway, William Stewart younger of Castle-●ewart, Patrick Mcdowal of Culgrot, John Dalrymple Son to the Master of Stairs.   

For the Shire of Air.  
The Earl of Lowdoun, the Lord Kennedy, the Lord Bargeny, Mr. William Cochran of Kilmaronock, the Laird of Langshaw younger, the Laird of Dunlap, the Laird of Ralstoun, Sir Archibald Muir of Thorntown, James Crawfurd of Newark, Thomas Boyd of Pitcoun, the Laird of Crawfurdland younger, Mr. Alexander Crawfurd of Fergusnil, John Crawfurd younger thereof, James Cochran of Mayns-hill, Neivin of Munkriding, William Cunninghame of Ashinyards, John Dalrymple Son to the Master of Stairs, Sir john Cochran of Ochiltrie, john Cochran of Waterside, Faucher of Gilmils-croft, William bailie of Munktoun, james Campbel of jurebank, the Lairds of Logan elder and younger, Hugh Crawfurd of Drumdow, Hugh Dowglass of Garallan, Adam Aird of Catharin, james McAdam of Waterhead, the Laird of Dunduff, Kennedy younger of Drumellan, james Riddoch of Midtown bailie of Cumnock, Mr. William Crawfurd of Dalragills, David Boswal of Brae-head, David Kennedy of Kirkmichael, Mr. john Schaw of Drumgrains, Hugh Kennedy of Bennan.   

For the Shire of Renfrew.  
Porterfield of Duchil, james Hamilton of Aikenhead, Gavin Ralstoun of that Ilk, Ludovick Houstoun of johnstoun younger, Hall of Fulbarr Maxwells of Southbarr elder and younger.   

For the Shire of Stirling.  
The Lord Forrester, the Lord Cardross, the Laird of Bedlormie, john Ross of Nuick, Archibald Buntin of Balglass, George Buchannan of Ballachrum, Thomas Buchannan of Roquhan, john Buchanan of Cralgyvairn, Walter Buchannan of Balfunning, john McLauchlan of Auchintroig, Duncan Buchannan of Harperstoun, john Forrest of Pardiven, David Forester of Denovane, john Cuthil of Stonniewood, james Rankin of Balhumilzear, Thomas Crawfurd of Manuel-miln, john Campbel younger of Dovan, Robert Forrest of Bankhead, Mr. john Areskin present Governor of the Castle of Stirling, Robert Hay of Candy, Archbald Naper of Bankell.   

For the Shire of Linlithgow.  
The Earl of Annandale, the Lord Cardross, Lord john Hamilton, Lieutenant Colonel john Areskin, john Dalrymple Son to the Master of Stairs, james Dowglass of Pompherstoun, David Dundass of Philipstoun, Patrick Dickson of Westbinnie, james Hamilton of Badderston, james Carmichael of Pottieshaw, the Laird of Duntarvie, the Laird of Barbachlay, the Laird of Wrae, the Laird of Duddingstoun younger, Patrick Dundass of Breastmiln.   

For the Shire of Kincardine.  
John Arbuthnet of Fordown, George Allardice of that Ilk, Mr. James Keith of Auchorsk Sheriff-deput of Kincardine, William Forbes younger of Moniemusk, Alexander Ross of Tullisnaucht, David Melvil of Pitgarvie, William Strauchan of Strath.   

For the Shire of Aberdeen.  
Mr. Patrick Ogilvie of Cairnbulg, William Frazer of Broadland, the Laird of Innercald, Mr. James Scougal, Mr. Robert Forbes of Birsmore, the eldest bailie of Frazersburgh for the time being, the Laird of Mouny, John Forbes of Tulliegrig, Alexander Leslie of Little-Wartle, Mr. Alexander Frazer of Powis, John Forbes of Innerdraen, Alexander Keith of Kidshill, William Hay of Earnhill.   

For the Shire of Inverness.  
James Grant of Gallowie, Patrick Grant of Rothiemurchus, Robert Grant of Garthinmore, Patrick Grant of Raick, James Grant of Tulloch, William Grant of Dalliechappel.   

For the Shire of Cromartie.  
Hugh Rose of Kilravock, John Urquhart of Craighouse, Alexander Mackenzie of Bellon, AEneas Mackleod of Catboll, Mr. Roderick Mackenzie in Tarrel, Kenneth Mackenzie of Culbo, Adam Gordon of Dalfollic, Roderick Mackenzie of Navitie.   

For the Shire of Argile.  
James Campbel younger of Ardkinglass, Patrick Campbel of Duntroon, Colin Campbel Chamberlain to the Earl of Argile, Dougal Campbel younger of Kilberrick, Neil Macneil Fire of Teynish, Robert Campbel Fire of Carrick, Archibald Campbel of Clunes bailie of Yla, Ronald Campbel of Laggan-Lochan, George Campbel of dal, Archibald Campbel of Shindarlin, Donald Campbel of Glencaradel, John Campbel bailie of Jura, Archibald Campbel of Craigage, Angus Campbel younger of Skipnedge.   

For the Shire of Fife.  
The Lord Yester, the Master of Yester, the Laird of Lundie, Sir Alexander Bruce of Broomhall, Mr. Alexander Anstruther of Newark, the Laird of Durie, Mr. John Prestoun of Drumraw, Thomas Beaton of Tarvit, the Laird of Murdocairnie, Macgill younger of Rankeillor, the Laird of Kirkness, the Laird of Dowhill, Mr. Robert Beaton of Craigfoodie younger, the Laird of Bannochy younger, the Laird of Dinboig, Mr. David Scrimzeour of Kirkmore, John Dempster younger of Pitliver, Weems of Bogie younger, the Laird of Bandone, John Melvil of Carskirdo, the Laird of Balcanquel younger, Mr. John Mitchel of Balbairdie, Lundie of Baldastard, George Moncreiff of Sauchope, John Hay of Naughtoun younger, Walter Boswell of Balbertoun, Alexander Swinton of Strathore, James Maxwel of Achibank, James Clelland of Piddennis.   

For the Shire of Forfar.  
The Laird of Loggie younger, the Laird of Strickathro, the Laird of Smiddiehill younger, the Laird of Rossie younger, Mr. James Lyel of Balhall.   

For the Stewartry of Kirkcudbright.  
James Earl of Galloway, Lord Bazile Hamilton, Patrick Horron of Kirrachtrie, John Mackie of Palgown, Alexander Mackie younger of Palgown, Mackulloch of Bareholm, William Muir Tutor of Cassincarrie, William Gordon of Schirmoirs, Robert Gordon of Garerie, James Gordon of Largmoir, Robert Gordon of Airds, William Maxwel younger of newland's, Robert Macklellan of Barmagaleim, Charles Macklellan of Collen, Andrew Corsan of Balmagan, Grier of Dalscerth.   

For the Shire of Sutherland.  
George Monro of Culrain, AEneas Mackleod of Catboll, David Ross of Innerchasly, and David Sutherland younger of Kinnald.   

For the Shire of Caithness.  
Alexander Sinclair of Braibster, Mr. John Campbel Commissar of Caithness, James Murray of Clairdon, Mr. William Caldell of Galshfield, Daniel Budge of Tostingall, William Sutherland of Geese, John Sinclair of Forss, Donald Williamson of Banaskirk, Patrick Murray of Pennyland, George Sinclair of Barroch, David Sinclair of Freswick.   

For the Shire of Elgin.  
Ludovick Dumbar of grange, Joseph Brody of Milntown, the Laird of Inns younger, Alexander Brody of Duncairn, Robert Cumming of Relugus.   

For the Shire of Ross.  
The Laird of Gairloch, John Mackenzie of Cowle younger, Colin Mackenzie Uncle to the Laird of Gairloch, Mr. Simon Mackenzie of Allans, George Monro of Lamelair younger, Colin Robertson of Kindeis, Lauchlan Mackenzie of Assin younger, David Monro Tutor of Fyress, Robert Monro of Auchnagart, Hector Monro of Daan younger, AEneas Macleod of Catboll, William Ross of Easterfearn, Mr. Charles Mackenzie of Loggy, Mr. Alexander Mackenzie of Dachmaluick younger, Mr. Alexander Ross of Pitkearie, Abraham Lesly of Findrossie, Mr. George Mackenzie of Bellamuckie, Roderick Macleod of Cambuscutrie, Ronnald Bayn of Knockbayn, John Bayn younger of Tulloch, Mr. Colin Mackenzie of Muir, Alexander Forester of Cullinald younger.     

VIII. ACT For a Company Tradeing to Africa and the Indies. June 26. 1695.  
OUR SOVEREIGN LORD Taking into His Consideration, That by an Act passed in this present Parliament, Entitled Act for encouraging of Foreign Trade; His Majesty for the Improvement thereof, Did with Advice and Consent of the Estates of Parliament, Statute and Declare, That Merchants more or fewer may Contract and enter into such societies and Companies, for carrying on of Trade, as to any subject of Goods or Merchandise to whatsomever Kingdoms, Countries, or parts of the World, not being in War with His Majesty, where Trade is in use to be, or may be followed, and particularly, beside the Kingdoms and Countries of Europe, to the East and West- Indieses, the straits, and to Trade in the Mediterranean, or upon the Coast of Africa, or in the Northern parts, or elsewhere as above: Which Societies and Companies being Contracted and entered into, upon the terms and in the usual manner, as such Companies are Set up, and in use in other parts consistant always with the Laws of this Kingdom: His Majesty with Consent foresaid, did Allow and Approve, giving and granting to them and each of them all Powers, Rights and Privileges, as to their persons; Rules and Orders, That by the Laws are given to Companies allowed to be Erected for Manufactories; And His Majesty for their greater encouragement, did promise to give to these Companies, and each of them his Letters patent under the great Seal, Confirming to them the whole foresaid Powers and Privileges, with what other encouragement His Majesty should judge needful, as the foresaid Act of Parliament at more length bears. And His Majesty understanding that several persons as well Foreigners as Natives of this Kingdom, are willing to Engage themselves with great Sums of Money in an American, African, and Indian Trade to be exercised in and from this Kingdom; if enabled and encouraged thereunto by the Concessions, powers and privileges needful and usual in such Cases. Therefore, and in pursuance of the foresaid Act of Parliament, His Majesty with Advice and Consent of the said's Estates of Parliament, Doth hereby make and constitute john Lord Belhaven, Adam Cockburn of Ormistoun, Lord Justice Clerk, Mr. Francis Montgomery of Giffen, Sir john Maxwell of Pollock, Sir Robert chiefly present Provest of Edinburgh, john Swintoun of that Ilk, George Clark late bailie of Edinburgh, Mr. Robert Blakewood, and james Balfour Merchants in Edinburgh, and john Corss Merchant in Glasgow, William Paterson Esquire, james Fowlis, David Nairn Esquires, Thomas Deans Esquire, james Cheisly, john Smith. Thomas Coutes, Hugh Frazer, joseph Cohaine, Daves Ovedo, and Walter Stuart Merchants in London, with such others as shall join with them within the space of twelve Months after the first day of August next, and all others, whom the foresaid Persons and these joined with them, or major part of them being assembled, shall admit and join into their Joint-Stock and Trade, who shall all be Repute, as if herein originally insert to be one Body Incorporate, and a free Incorporation, with perpetual Succession, by the Name of The Company of Scotland Trading to Africa, and the Indies: Providing always, Likeas, it is hereby in the first place provided, that of the Fond or Capital Stock that shall be agreed to, be Advanced and Employed by the foresaid Undertakers, and their Copartners; the half at least shall be appointed and allotted for Scottish men within this Kingdom, who shall enter and subscribe to the said Company, before the first day of August, one Thousand Six Hundred and Ninety Six Years: And if it shall happen, that Scots Men living within this Kingdom, shall not betwixt and the foresaid Term, subscribe for, and make up the equal half of the said Fond or Capital Stock, Then and in that case allannerly, It shall be, and is hereby allowed to Scots Men residing Abroad, or to Foreigners, to come in, Subscribe, and be assumed for the Superplus of the said half, and no otherwise: Likeas, the Quota of every man's part of the said Stock whereupon he shall be capable to enter into the said Company, whether he be Native or Foreigner, shall be for the least one Hundred lib. Sterl. And for the highest, or greatest three Thousand lib. Sterl. and no more directly nor indirectly in any sort: with power to the said Company to have a common Seal, and to alter and renew the same at their pleasure, with advice always of the Lion King at Arms; as also to Plead and Sue, and be Sued; and to Purchase, Acquire, Possess, and enjoy Lordships, Lands, Tenements, or other Estate real or personal of whatsoever nature or quality, and to dispose upon and alienate the same, or any part thereof at their pleasure, and that by Transfers and Assignment, made and entered in their Books and Records without any other formality of Law, Providing always, that such Shares as are first Subscribed for, by Scots Men within this Kingdom shall not be alienable to any other than Scots Men living within this Kingdom; That the foresaid Transfers and Convoyancies as to Lands and other real Estate (when made of these only and a part) be perfected according to the Laws of this Kingdom anent the convoyance of Lands and real Rights, with power likeways to the foresaid company, by Subscriptions or otherways, as they shall think fit to raise a joint Stock or capital Fond of such a sum or sums of Money, and under and subject unto such Rules, Conditions and Qualifications, as by the foresaid Company, or major part of them when assembled shall be limited and appointed to begin, carry on and support their intended Trade of Navigation, and whatever may contribute to the advancement thereof. And it is hereby declared, that the said joint Stock or capital Fond, or any part thereof, or any estate, real or personal, Ships, Goods, or other Effects of and belonging to the said Company, shall not be liable unto any manner of confiscation, Seizure, Forfeiture, Attachment, Arrest or Restraint, for and by reason of any Embargo, breach of Peace, Letters of mark or reprisal, Declaration of War with any foreign Prince, Potentate, or State, or upon any other account or pretence whatsomever; but shall only be transferable, assignable, or alienable in such way and manner and in such parts and Portions, and under such restriction, rules and conditions, as the said Company shall by writing in and upon their Books, Records and Registers direct and appoint, and these Transfers and Assignments only, and no other shall convoy the right and Property, in and to the said joint Stock, and capital Fond and effects thereof abovementioned, or any part of the samen, Excepting always as is above-excepted, and that the Creditors of any particular Member of the Company may by their real Diligence affect the share of the profit falling, and pertaining to the Debtor, without having any further Right or Power of the Debtors part and Interest in the Stock or capital Fond, otherwise than is above-appointed, and with this express provision, that whatever charges the Company may be put to, by the contending of any of their Members Deceased, or of their assignee, Creditors or any other persons in their Rights: The Company shall have retention of their Charges and Expenses in the first place, and the Books, Records, and Registers of the said Company or authentic Abstracts, or Extracts out of the same are hereby Declared to be good and sufficient for evidents in all Courts of Judicator, and else where. And His Majesty with Advice foresaid, farther Statutes and Declares, that the said john Lord Beilhaven, Adam Cockburn of Ormistoun, Lord Justice Clerk, Mr. Francis Montgomery of Giffen, Sir john Maxwel of Pollock, Sir Robert chiefly present Provost of Edinburgh, john Swintoun of that Ilk, George Clark late bailie of Edinburgh, Mr. Robert Blakewood, and james Balfour Merchants in Edinburgh, and john Corss Merchant in Glasgow, William Paterson Esquire, james Fowlis, David Nairn Esquires, Thomas Deans Esquire, james chiefly, john Smith, Thomas Coutes, Hugh Frazer, joseph Cohaine, Daves Ovedo, and Walter Stuart Merchants in London, and others to be joined with, or assumed by them in manner abovementioned, and their Successors, or major part of them assembled in the said Company, shall and may in all time coming by the plurality of Votes agree, make, constitute, and ordain all such other Rules, Ordinances and Constitutions as may be needful for the better Government and Improvement of their joint Stock, or capital Fond in all matters and things relateing thereunto: To which Rules, Ordinances, and Constitutions, all persons belonging to the said Company, as well Directors as Members thereof, Governors, or other Officers, Civil or Military, or others whatsoever shall be subject, and hereby concluded; As also to administrat and take Oaths de fideli, and others requisite to the management of the foresaid Stock and Company. And the said Company is hereby impowered to Equipp, Fit, Set out, Fraught, and Navigat their own, or hired Ships, in such manner as they shall think fit, and that for the space of ten years from the date hereof, notwithstanding of the Act of Parliament one thousand six hundred and sixty one Years, Entitled Act for encouraging of Shipping and Navigation, where with His Majesty with Consent foresaid dispenses for the said time allanerly, in favours of the said Company, and that from any of the Ports or Places of this Kingdom, or from any other parts or places in Amity, or not in Hostility with His Majesty, in Warlike or other manner to any Lands, Islands, Countries, or Places in Asia, Africa, or America, and there to Plant Colonies, build Cities, Towns, or Forts, in or upon the places not Inhabited, or in, or upon any other place, by consent of the Natives and Inhabitants thereof, and not possessed by any European Sovereign, Potentate, Prince, or State, and to provide and furnish the foresaid Places, Cities, Towns, or Forts with Magazines, Ordinances, Arms, Weapons, Ammunition, and stores of War, and by force of Arms to the end their Trade and Navigation, Colonies, Cities, Towns, Forts, and Plantations, and other their effects whatsoever; as also to make Reprisals, and to seek and take Reparation of Damnage done by Sea, or by Land, and to make and conclude Treaties of Peace, and Commerce with the Sovereigns, Princes, Estates, Rulers, Governors, or Proprietors of the foresaid Lands, Islands, Countries, or Places in Asia, Africa, or America; Providing always, Likeas, It is hereby specially provided, that all Ships employed by them shall return to this Kingdom with their effects, under the pain of Confiscation, Forefaulture, and Seizure of the Ship and Goods, in case of breaking of Bulk before their Return, excepting the case of Necessity, for preserving the Ship, Company and Loadning allanerly. And His Majesty with Consent foresaid, doth farther Statute and Ordain, that none of the lieges of this Kingdom shall, or may Trade or Navigat to any Lands, Islands, Countries, or Places in Asia, or Africa, in any time hereafter, or in America, for, and during the space of thirty one years, to be counted from the passing of this present Act, without Licence and Permission in writing from the said Company: Certifying all such as shall do in the contrair hereof, that they shall Forefault and Omit the third part of the Ship, or Ships, and of the Cargo, or Cargoes therein Employed, or the Value thereof, the one hall to His Majesty as Escheat, and the other half to the Use and Benefit of the said Company: For the effectual Execution whereof, it shall be lawful to the said Company, or any Employed by them, to Seize the said's Ships and Goods in any place of Asia, or Africa, or at Sea upon the Coasts of Asia, or Africa, upon the transgression foresaid, by force of Arms, and at their own hand, and that without the hazard of incurring any Crime, or Delinquency whatsomever on account of the said Seizure, or any thing necessarily done in Prosecution thereof, excepting always, and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat, During the said space to any part of America, where the Colonies, Plantations, or Possessions of the said Company shall not be settled. And it is further hereby Enacted, that the said Company shall have the Free and Absolute Right and Property, only Relieving and Holding of His Majesty, and His Successors in Sovereignty, for the only acknowledgement of their Allegiance, and paying yearly a Hogshead of Tobacco, in name of Blench-duty, if required allanerly, in, and to all such Lands, Islands, Colonies, Cities, Towns, Forts, and Plantations, that they shall come to Establish, or Possess in manner foresaid; As also, to all manner of Treasures, Wealth, Riches, Profits, Mines, Minerals, Fishings, with the whole Product and Benefit thereof, as well under as above the Ground, and as well in Rivers and Seas, as in the Lands thereto belonging, or from, or by reason of the same in any sort, together with the Right of Government and Admiralty thereof; and that the said Company may by virtue hereof grant and delegat such Rights, Properties, Powers, and Imunities and permit and allow such sort of Trade, Commerce, and Navigation into their Plantations, Colonies, Cities, Towns, or Places of their Possession, as the said Company from time to time shall judge fit and convenient: With power to them to impose and exact such Customs, and other Duties upon and from themselves, and others Treading with, and coming to the said Plantations, Cities, Towns, Places and Ports, and Harbours thereof, as the Company shall think needful for the maintenance and other public uses of the same, Holding always, and to hold the whole Premises of His Majesty, and his Successors Kings of Scotland, as Sovereigns thereof, and paying only for the same, their acknowledgement and allegiance, with a Hogshead of Tobacco yearly, in name of Blench Duty, if required, for all other Duty, Service, Claim or Demand whatsomever. With power and liberty to the said Company to Treat for, and to procure and purchase such Rights, Liberties, Privileges, Exemptions and other Grants, as may be convenient for supporting, promoting, and enlarging their Trade and Navigation from any foreign potentate or Prince whatsoever, in amity with his Majesty; for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates, Princes, or States shall serve for sufficient Security, Warrant and Authority, and if contrair to the saids Rights, Liberties, Privileges, Exemptions, Grants, or Agreements, any of the Ships, Goods, Merchandise, Persons, or other Effects whatsoever, belonging to the said Company, shall be slopped, detained, embazled, or away taken, or in any sort prejudged or damnified; His Majesty promises to interpose his Authority, to have restitution, reparation and satisfaction made for the Damage done, and that upon the public Charge, which His Majesty shall cause depurse, and lay out for that Effect. And farther, it is hereby Statute, that all Ships, Vessels, Merchandise, Goods, and other Effects whatsoever belonging to the said Company, shall be free of all manner of Restraints, or Prohibitions, and of all Customs, Taxes, Cesses, Supplies, or other Duties Imposed, or to be Imposed by Act of Parliament, or otherwise, for and during the space of twenty one years, excepting alwise the whole Duties of Tobacco and Suggar, that are not of the Growth of the Plantations of the said Company. And farther, it is Enacted, that the said Company by Commission under their common Seal, or otherwise as they shall appoint, may make and constitute all and every their Directors, Governors, and Commanders in Chief, and other Officers Civil or Military by Sea, or by Land; As likewise that the said Company may Inlist, Enrol, Agree and Retain all such persons Subjects of this Kingdom, or others whatsoever, as shall be willing and consent to enter in their Service or Pay, providing always that they Uplift or Levy none within the Kingdom to be Soldiers, without Leave or Warrant first obtained from His Majesty, or the Lords of His Privy Council, over which Directors, Governors, Commanders in Chief, or other Officers Civil or Military, and others whatsoever in their Service and Pay, the Company shall have the Power, Command and Disposition both by Sea and Land. And it is farther Statute, That no Officer Civil or Military, or other Person whatsoever within this Kingdom, shall Impress, Entertain, Stop or Detain any of the Members, Officers, Servants or others whatsoever, off, or belonging to the said Company, And in case the said Company, their Officers or Agents, shall find or understand any of their Members, Officers, Servants, or others aforesaid to beImpressed, Stopped or Detained, they are hereby Authorized and Allowed to take hold of, and Release the foresaid Person Impressed or Stopped in any part of this Kingdom, either by Land or Water; and all Magistrates and others His Majesty's Officers Civil and Military, and all others are hereby required in their respective Stations, to be Aiding and Assisting to the said Company, under the Pain of being liable to all the Loss, Damage, and Detriment of the said Company, by reason of the foresaid persons their neglect. And farther that the said Company, whole Members, Officers, Servants, or others belonging thereto, shall be free, both in their Persons, Estates, and Goods, Employed in the said Stock and Trade, from all manner of Taxes, Cesses, Supplies, Excises, Quartering of Soldiers Transient or Local, or Levying of Soldiers, or other Impositions whatsoever, and that for and during the space of twenty one years. And lastly, all Persons Concerned or to be Concerned in this Company, are hereby Declared to be free Denizens of this Kingdom, and that they with all that shall Settle to Inhabit, or be Born in any of the foresaid Plantations, Colonies, Cities, Towns, Factories, and other Places that shall be Purchased and Possessed by the said Company, shall be repute as Natives of this Kingdom, and have the Privileges thereof. And generally, without Prejudice of the Specialties foresaid, His Majesty with Consent foresaid, Gives and Grants to the said Company, all Power, Rights and Privileges, as to their Persons, Rules, Orders, Estates, Goods and Effects whatsoever, that by the Laws are given to Companies allowed to be Erected for Manufactories, or that are usually given in any other Civil Kingdom or Commonwealth, to any Company there Erected for Trade and Commerce. And for the better Establishment and greater Solemnity of this Act and Gift, in Favours of the said Company, His Majesty doth farther Ordain Letters Patent to be expede hereupon, containing the whole Premises under the Great Seal of this Kingdom, for doing where of Per Saltum▪ Their Presents shall be sufficient Warrant both to the Director and Chancellor, or Keeper of the Great Seal, as use is in like Cases.   

IX. ACT Adjourning the Session till the First Day of November 1695. june 27. 1695.  
WHereas, by a former Act in this Session of Parliament, the sitting of the Session was Adjourned until the first day of july next, which time being found yet too short, His Majesty, with Advice of the Estates of Parliament, continues the foresaid Adjournment until the first Day of November next to come, in the Terms, and with the Qualifications contained in the said first Act of Adjournment of the Session in all Points.   

X. ACT for Pole-Money. june 27. 1695.  
THe Estates of Parliament taking to their Consideration, that in regard of the great and eminent Dangers that threaten this Kingdom from foreign Enemies, and intestine Disaffection, and the Designs of Evil Men, and that our Coasts are not sufficiently Secured against Privateers; and that therefore it is necessary, that a complete Number of Standing Forces be maintained, and Ships of War provided for its necessary Defence; as also considering, that beside the Supply upon the Land-Rent, other Fonds will be requisite for the foresaid End, do for one of these Fonds freely and cheerfully offer to His Majesty an Subsidy to be uplifted by way of Pole-money, and for making of which Offer Effectual, His Majesty, with Advice and Consent of the Estates of Parliament foresaid, doth Statute and Ordain, That all Persons of whatsoever Age, Sex, or Quality, shall be subject and liable to a Pole of Six Shilling, except Poor Persons who live upon Charity, and the Children under the Age of Sixteen years, and in familia of all these Persons whose Pole doth not exceed One Pound Ten Shilling Scots.  
That beside the said Six Shilling imposed upon all the Persons that are not excepted: A Cottar having a Trade shall pay Six Shilling more, making in the hail Twelve Shilling for every such Cottar.  
That for Each Servant shall be paid by the Master, for which the Master is empowered to retain the fourtieth Part of his yearly Fee, whereof Bountieth to be reckoned a part, (excepting Livery clothes) in the Number of which Servants are understood, all who receive Wages or Bountieth for any Work, or Employment whatsoever, for the Term or the Year as they have, or shall serve, and in Case they be not Alimented in Familia with their Masters, then if they be not above the Degree of a Cottar or Hynd, they are to have two third Parts of Wages and Bountieth, or if above the said Degree one Third part of Wages and Bountieths, first deduced for their Aliment.  
That all Seamen pay Twelve Shilling Scots in name of Pole.  
That all Tenants pay in name of Pole to the King, the hundreth part of the valued Rent, payable by them to the Master of the Land, and appoints the Master of the Ground to adjust the Proportions of this Pole amongst his Tenants, according to the respective Duties payable by them in Money or Victual, effeiring to his valued Rent.  
That all Merchants, whether Seamen, Shopkeepers, Chapmen, Tradesmen and others, whose free Stock and Means (not Including Workmen's Tools, Houshold-plenishing, nor Stocks of Tenants upon the Farms and Possession) is above five hundreth Marks, and doth not extend to five thousand Marks, shall be subject and liable to two pound ten Shilling of Pole.  
And that all these (not including as above) whose free Stock and Means is above five thousand Marks, and does not extend to ten thousand Marks, shall be subject to four pound of Pole.  
That all Merchants, whether Seamen, Shopkeepers, Chapmen, Tradesmen and others (not including as above) whose free Estate and Stock extends to, or is above ten thousand Marks in Worth and Value, shall be liable to ten pound of Pole.  
That all Gentlemen so holden and repute, and owning themselves to be such, and who will not renounce any pretence they have to be such, and which Renunciations shall be recorded in the Herald. Register gratis, shall be subject and liable to three pound of pole-money, if they be not otherways classed, and upon another Consideration be subject to a greater Pole.  
That all Heretors of twenty pounds, and below fifty pounds of valued Rent, be subject and liable to twenty Shilling of Pole-money.  
That all Heretors of fifty pounds and below two hundred pounds of valued Rent, be subject and liable to four pounds of Pole-money.  
That all Heretors of two hundred pounds, and under five hundred pounds of valued Rent, be liable to nine pounds of Pole-money.  
That all Heretors of five hundred pounds or above the same, and under one thousand pounds of valued Rent, be subject and liable to twelve pounds of pole-money, and that they pay half a Crown for each of their Male-childrens living in familia.  
That all Heretors of one thousand pounds of valued Rent, and above the same, and all Knight Baronet's and Knight's, be subject and liable to twenty four pounds of Pole-money, and that they pay for each of their Male-childrens in familia three pounds.  
That all Lords pay forty pounds of Pole-money.  
That all Viscounts pay fifty pounds of Pole-money.  
That all Earls pay sixty pounds of Pole-money.  
That all Marquesses pay eighty pounds of Pole.  
That all Dukes pay an hundred pounds of Pole.  
That the Sons of Noblemen pay according to their Ranks, viz. All Duke's eldest Sons as Marquesses, and their youngest Sons as Earls. All Marquis' eldest Sons as Earls, and their youngest Sons as Viscounts. All Earls eldest Sons as Viscounts, and their younger Sons shall be liable in twenty four pounds of Pole. All Viscounts, and Lords Sons shall be liable in twenty four pounds of Pole.  
That all Widows whose Husbands would have been liable to one pound ten shilling of Pole or above, are to be subject and liable to a Third-part of their Husband's Pole, except Heiresses, who shall be subject to the same Pole their Predecessors would have been.  
That all Nottars and Procurators before Interior Courts, and Messengers at Arms, are to be subject and liable to four pounds of Pole-money.  
That all Writers not to the Signet, Agents and Clerks of Inferior Civil Courts, and Macers and Under-clerks of Session, shall pay six pounds of Pole-money.  
That all Advocats, Clerks of Sovereign Courts, Writers to the Signet, Sheriffs and their Deputs, Commissars and their Deputs, Doctors of Medicine, Appothecaries, Surgeons, and others repute Doctors of Medicine, pay twelve pounds of Pole.  
That all Commissionat Officers of the Army upon Scots pay shall be liable in two days Pay for their Pole.  
That all persons who are to pay the said respective Poles, though they be Poled in different Capacities, are only to pay at the highest rate abovementioned, and that always over and above the general Pole.  
And for the better Stating, Ordering and Uplifting of the said Pole, His Majesty with Advice foresaid, a Statutes and Ordains, that the Commissioners of Assessment or their Quorum, shall meet and conveen at the ordinar place of their Meeting, upon the second Tuesday of August, One thousand six hundred ninety five years; or shall appoint such other Heretors as they shall think fit, and there shall divide the whole Commissioners, whether present or absent, or shall appoint such other Heretors as they shall think fit, into such Divisions as they shall think meet, appointing parochs one or more for Commissioners one or more, as they shall see convenient, to meet the last Tuesday of the said Month of August, at the respective places to be appointed, impowering the said's Commissioners to take up Rolls and Lists of all the Poleable persons within the respective Bounds appointed to them, containing the Names, Qualities and Degrees of the several persons, and of the value of the Estates belonging to them, conform to the said Act. And ordains the Magistrates of Burrows Royal to meet the Third Tuesday of the said Month of August, and to take up Rolls and Lists of all the Poleable persons within the respective burgh's, containing their Names, Qualities and Degrees, and the value of their Estates; And which Commissioners and Magistrates of burgh's are to give Intimation at the Kirk-door upon a Sunday, upon three days warning at least to the persons to be Poled, to compear before them at the Paroch-Church, and give up their Names, Qualities, Degrees, and Values of their Estates, to the effect the respective Poles may be stated and set down by the said Commissioner, or Commissioners of Assessment, or Magistrates of burgh's respective, and which Rolls the said's persons are to give up, or send under their hand, if they can write, otherwise if they cannot write, their Name, Quality, Degree, and Estate, shall be marked by the Clerk, as they give it up, excepting Tenants, whose Names, and the Pole-money payable by them, shall be given and sent by their Masters under their Hand, with Certification, that such as do not Compear, or send under their Hands their Names, Qualities, and value of their Estates, or do give up their Quality, Degree, or Value of their Estates, otherways than it should be, they shall be liable in the Quadruple of their Pole, the equal half whereof shall belong to the Informer, who shall make the same appear. And which Lists and Rolls, being so made up within the respective Sub-divisions, shall be Recorded and Booked in a Register of the Shire, or Burgh for that purpose: whereof there shall be an Abstract sent to the Lords of the Thesaurie, betwixt and the first of October, one thousand six hundred ninety five years, containing the number of the persons in the several Classes and Ranks above specified, with the Extent of their Pole.  
And his Majesty, with Advice and Consent of the said's Estates of Parliament, Ordains the foresaid Pole-money to be paid at the Term of Martinmass, one thousand six hundred ninety five years, or within thirty days thereafter, at the respective Paroch kirks, where the persons concerned dwell, for which Discharges are to be given to the Payers gratis. And requires the Commissioners of Assessment, and Magistrates of burgh's, or the Farmers, in case the same shall be set in Farm, to cause Intimation to be made for the payment thereof, at the Kirk-Doors of the several Paroch-Kirks upon the first Sunday of October one thousand six hundred ninety five. Certifying such as shall not make punctual payment at the said Term of Martinmass, one thousand six hundred ninety five, or within the said thirty days thereafter, shall be liable in the double, if paying within other thirty days thereafter, or if failzieing after both the said's thirty days, in the quadruple of their Pole: and ordains Execution to be used against them for the same, by poinding of their readiest Goods, or Imprisoning their Persons; the foresaid poinding and Imprisonment always proceeding upon the Sentence of one of the Commissioners for the Assessment, or any other inferior Judge where the person lives.  
Likeas His Majesty with Advice and Consent foresaid, hereby empowers the Lords of Privy Council, to order and appoint such further methods and courses as they shall judge fit for stateing and inbringing of the Pole-money aforesaid, and to allow out of the said Pole-money such Charges and Expenses as shall be necessary for Execution of this Act.  
And His Majesty and Estates aforesaid, do hereby strictly appropriate, destinat, and appoint the Sums to be raised by this Act, for the ends and uses above-specified, conform to His Majesty's Letter, whereof Three hundred thousand Pound to be bestowed in the first place, for providing and maintaining of the Ships of War for one year, and which Money the Lords of Thesaury are hereby ordained to furnish and answer to the Commissioners of Admiralty, when called for, to the effect above-specified: and also the Lords of Privy Council are hereby fully impowered to decide and determine all Questions and Difficulties hereby undetermined, that may arise anent the premises.  
And lastly, it is hereby declared, that no persons liable in payment of this Pole, shall be holden to produce their Discharges, or Receipts of the same, after the Term of Martinmass, one thousand six hundred ninety six years, conform to His Majesty's Letter.   

XI. ACT Against Blasphemy. June 28. 1695.  
OUR SOVEREIGN LORD with Advice and Consent of the Estates of Parliament, does hereby Ratify, Approve, and Confirm the twenty first Act of the first Session of the first Parliament of King Charles the second, Entitled, Act against the Crime of Blasphemy, in the hail Heads, Clauses, and Articles thereof, and Ordains the same to be put to Due and Punctual Execution: And farther, His Majesty with Advice and Consent foresaid, Statutes and Ordains, that whoever hereafter, shall in their Writing or Discourse, Deny, Impugn, or Quarrel, Argue, or Reason against the Being of God, or any of the Persons of the Blessed Trinity, or the Authority of the Holy Scriptures of the Old and New Testaments, or the Providence of God in the Government of the World, shall for the first Fault be punished with Imprisonment, ●ay and while they give Public Satisfafaction in Sackcloth to the Congregation, within which the Scandal was committed. And for the second Fault, the Delinquent shall be fyned in an Years Valued Rend of his Real Estate, and the twentieth part of his free Personal Estate, (the equal half of which Fines, are to be Applied to the Use of the Poor of that Paroch, within which the Crime shall happen to be Committed, and the other half to the Party Informer,) besides his being Imprisoned, ay and while he make again Satisfaction ut supra. And for the third Fault, he shall be punished by Death as an obstinate Blasphemer: Likeas, His Majesty with Advice and Consent foresaid, hereby Authorises, and Strictly Requires, and enjoins all Magistrates, and Ministers of the Law, and Judges within this Kingdom, to put this present Act in Execution as to the first Fault. And does hereby Empower and Require all Sheriffs, Stewarts, Bailies of Bailliaries, and Regalities, and their Deputs, and Magistrates of burgh's, to put this present Act in Execution as to the second Fault. And as to the third Fault, His Majesty with Advice and Consent foresaid, Remits the Execution of this present Act to the Lords of His Majesty's Justiciary.   

XII. ACT Against irregular Baptisms and Marriages. june 28. 1695.  
OUR SOVEREIGN LORD Considering, that the Baptising of Children, and Solemnising of Marriage by the Laws and Custom of this Kingdom, and by the Constitutions of this Church, have alwise been done by Ministers of the Gospel Authorized by Law, and the Established Church of this Nation▪ And that notwithstanding thereof, several Ministers now outed of their Churches do presume to Baptise Children, and Solemnize Marriage without Proclamation of Banns, or Consent of Parents, and sometimes within the forbidden Degrees: Therefore, His Majesty with Advice and Consent of the Estates of Parliament, Strictly Prohibits and Discharges all outed Ministers, to Baptise any Children, or Solemnize Marriage betwixt any Parties in all time coming, under the Pain of Imprisonment, ay and while he find Caution to go out of the Kingdom, and never to return thereto, and remits the Execution of this Act to the Ministers of the Law, who are to assist to the Execution of the twenty third Act of the fourth Session of this Parliament, for Settling the Quiet and Peace of the Church: Declaring alwise, that this present Act is without prejudice to the Acts of Parliament already made against private and Clandestine Marriages, which are hereby Declared to stand in full force, and that Execution may proceed on the saids Acts at the Instance of the Parties concerned, or of the Procurator-Fiscals of the Jurisdictions, where they shall happen to be questioned.   

XIII. ACT Against Profaneness. june 28. 1695.  
OUR SOVEREIGN LORD, and Estates of Parliament, considering that the Twenty fifth Act of the Second Session of this current Parliament, Entitled, Act against Profaneness, And the Acts Generally and Particularly therein-ratified, has not taken the wished Effect, through the negligence of the Magistrates, Officers, and others concerned to put the same in execution; Do hereby Authorise, and strictly Require and Enjoin all Sheriffs and their Deputs, Stewarts and their Deputs, Bailies of Baillities and Regalities and their Deputs, Magistrates of Burghs-Royal and Justices of Peace within whose Bounds any of the Sins forbidden by the saids Laws shall happen to be committed, to put the said's Acts to exact and punctual Execution, at all times, without necessity of any dispensation; and against all persons, whether Officers, Soldiers, or others without exception; with this Certification, that such of the said's Judges as shall refuse, neglect or delay to put the said's Laws in execution, upon application of any Minister, or Kirk-Session, or any Person in their name, giving in Information, and offering sufficient Probation against the Offender, that every one of the said's Judges swa refusing, neglecting, or delaying, shall toties quoties be subject and liable to a Fine of One hundred pounds' Scots, to be applied for the use of the poor of the Parish, where the Scandal complained on was committed: Declaring hereby That the Agent for the Kirk, the Minister of the Parish, or any other Person, having Warrant from him, or from the Kirk Session within the Parish whereof the Scandal complained on was committed, shall have good interest to pursue before the Lords of Session, any of the foresaid Judges, who shall happen to refuse, neglect, or delay to put the said's Laws against Profaneness to exact and punctual execution, who are hereby ordained to proceed summarily, without the order of the Roll, and that it shall be a sufficient Probation of their refusal, neglect or delay, if the Pursuer instruct by an Instrument under a Nottars hand, and Witnesses thereto Subscribing and Deponing thereupon, that he did inform the said's Judges of the said Scandal, and offered a sufficient Probation thereof, unless the Judge swa pursued condescend and instruct, that within the space of ten Days after the said Application, he gave order to Cite the Party Complained on, to compear before him, within the space of ten Days, and that at the day of Compearance he was ready and willing to have taken Cognition and Trial of the Scandal complained on, and Instruct and Condescend on a relevant Reason, why the said Laws were not put in execution against the Person complained on.   

XIV. ACT For restraining the profanation of the Lords Day, by keeping Weekly-Mercats on Monday and Saturnday. june 28. 1695.  
OUR SOVEREIGN LORD Considering, that there is much occasion given for Profanation of the Lordsday, by keeping of Weekly-Mercats on Monday and Saturnday, and that for preventing of this Abuse, there are several Acts of Parliament prohibiting the keeping of Weekly-Mercats the saids Days within Royal-Burghs; But the said's Acts not comprehending the burgh's of Regality and Barony, and Weekly-Mercats in Villages and Kirk-Towns, the said's burgh's, Villages and Kirk-Towns are necessitate to keep their Weekly-Mercats on the said's Days, conform to the special Acts of Parliament made in their Favours; And yet many of the said's burgh's, Villages and others would most willingly alter and change the saids Mercat Days, if they were but impowered and authorized for that effect. Therefore, His Majesty with the Advice and Consent of the Estates of Parliament, Does not only Ratify and Approve the said's Acts of Parliament made against the keeping of Weekly-Mercats upon Mundays and Saturndays within Royal-Burghs, But likewise does declare it leisume and lawful to all burgh's of Regality and Barony, and Villages, and Kirk-Towns, whose Weekly-Mercats are kept the said's Days, to change and alter the same: And the said's burgh's, Villages, and others are hereby Authorized to choice and appoint any other Days of the Week they think fit for the keeping and holding of the said's Weekly-Mercats, they always making timous Intimation of the said Change to the next adjacent burgh's, and providing they pitch not upon the Market-day of any Burgh-Royal next adjacent, or of an other Mercat-Town within four Miles. And that this Act be not extended against Fleshers within Royal-Burghs, who may keep Mercats of Flesh's in their respective burgh's, upon these days, this Act notwithstanding.   

XV. ACT For Encouragement of Preachers at Vacant Church's be-north Forth. july 5. 1695.  
OUR SOVEREIGN LORD Considering that there are many Churches vacant upon the North-side of the Water of Forth, which cannot be soon legally Planted, nor in the interim otherways Supplied than by the Presbytries in whose Bounds they lie, their Employing some Preachers who are not Settled in Churches to Preach in the said's Vacant Churches for some time, and that the Entertaining of these Preachers out of the first end of the Vacant Stipends of the parochs to which they Preach, during their Service, is a most proper Pious Use within the Paroch: Therefore His Majesty, with Advice and Consent of the Estates of Parliament, for Encouraging of the said Preachers swa to be Employed by the Presbytries, Doth hereby Destinat, Appoint and Allow out of the first end of the Vacant Stipends of the respective Churches, at which they shall Preach by Invitation or Appointment, of the respective Presbytries within whose Bounds the 'samine do lie, to every one of the said Preachers Twenty Marks Scots, for their Preaching each Lord's Day, Forenoon and Afternoon, in the said Vacant Churches, and that whether the said's Preachers be Employed by the Presbytry to Preach at one Church, or at several Churches by Turns within their Bounds; Declaring hereby a Testificat under the Presbytries' Hands, bearing that such a person hath upon their Invitation Preached so many Lords Days at such a Church within their Bounds, or at such and such Churches within their Bounds by Turns, shall be a sufficient Probation thereof, whereupon the said's Preachers shall by virtue of this present Act, have Power and Undoubted Right to als many Twenty Marks, out of the first and readiest of the Vacant stipends of the respective Paroch-Churches, as the said Certificats shall bear them to have Preached Lords Days thereat: And for preventing the Trouble and Expenses the said Preachers would be put to in recovering Payment of the said's Allowances hereby granted effeiring to their Services, if each of them should Pursue for their own part, out of the particular Vacant Stipends of the respective Churches at which they shall Preach. His Majesty with Advice and Consent foresaid, Doth hereby Empower the respective Presbytries within whose Bounds the respective Vacant Churches do lie, to grant Commissions to such Persons as they shall think fit for uplifting als much out of the first end of the Vacant Stipends, within their Bounds where the said Preachers shall serve at their Invitation, as will Pay and Satisfy the said's Allowances hereby granted to the persons invited by them to Preach thereat, Accounting ut supra for each Lords Days service; with Power to the said Factors, to Uplift, and if need be, to Pursue for the same before the Judge Ordinary of the Bounds; Discharging all Advocations, as also Suspensions, save upon Consignation, and with this Declaration, that if at the discussing of the Suspension, the Letters shall be found orderly proceeded, the wrongous' suspender shall be Discerned in a Fifth part more, which Factor shall be obliged to Compt to the said Preachers, who shall be Employed by the Presbytries for the said Allowances, to be uplifted by them▪ according to the number of Days to be contained in the Presbytries' Certificate. Likeas, His Majesty with Advice and Consent foresaid, for Encouragement of the said Factors, and Defraying their Expenses, Does hereby Allow to every one of the said Factors so to be appointed by the said Presbytries, as much as corresponds to a Tenth part of the said Allowances, which they are to Uplift further for their own use, out of the first end of the said Vacant Stipends, and with the benefit of the Provisions abovementioned.   

XVI. ACT Anent the Ease of Annualrents Due by Persons Restored, and anent the Creditors Diligence to be Used against them. july 5. 1695.  
FOR AS MUCH As by the General Act Rescissory of Fines and Forfaultures in this current Parliament, the Consideration of the Ease that was to be given to the persons thereby Restored of the bygone Annualrents due by them, and if the same aught to be granted to their Cautioners, and what time Diligence should be superseded against them, for payment of their principal sums, and such Annualrents to which they were to be liable, was Remitted to the Commission of Fines and Forfaultures therein-named, that they might Report their Opinion thereof to the Parliament, which is not yet done; and it being the Interest of the persons restored, and their Creditors, to have the same now Determined: Therefore His Majesty, with Advice and Consent of the Estates of Parliament, Statutes and Ordains, that during the time the persons Restored by this present Parliament were dispossessed of their Estates, they and their Cautioners are to be free of the payment of Annualrents, unless that the Party Restored either hath recovered all or some part of his Rents, from which he was excluded by the Forfeiture; in which case the person Restored, and not the Cautioner, shall be liable to the payment of the Annualrents during the time of his being dispossessed, in swa far as he hath recovered the same, or otherways that the Party Restored may recover all or some part of the said Rend due during the years that he was dispossessed, in which case the Party Restored shall have no ease of any by gone Annualrents, but upon his Assigning to his Creditors, with Warrandice from his own Fact and Deed, any Action competent to him for recovering all or any part of the said Rents due during the time of his being dispossessed; Declaring always, that when a Cautioner for a person Restored, did actually pay without Collusion before the Revolution, either principal Sum or by gone Annualrents▪ or any part thereof, or had his Lands Adjudged therefore before the said Revolution, or having given a Bond, or suffered Decreet before the Revolution, hath made Payment, or had his Lands Adjudged since the Revolution, the foresaid Ease and Benefit granted in favours of the person Restored, is no ways to be Obtruded against the Cautioner in that case. As also, It is hereby Statute and Ordained, That where persons Restored have made Payment since the Revolution of any Annualrents, for these years during which they were dispossessed of their Estates, it shall be leisume for them to retain als much in their own Hand of the principal Sums and Annualrents yet resting, as extends to the foresaid Annualrents swa paid by them, (the Annualrents unpayed being always discounted in the first place) and where the Debt is altogether paid, the Party Restored shall by virtue of this Act, have Action of Repetition against his Creditor, for refounding the said Annualrents paid out by him for the years during which he was excluded from the Possession of his Estate by the Forfeiture. Likeas, His Majesty with Advice and Consent foresaid, Statutes and Ordains, That it shall be leisume to the Creditors of persons Restored by this Parliament, to affect the Debtors Estate for payment of their principal Sums and Annualrents resting (except such Annualrents whereof they are liberat by this present Act,) and that immediately forth and after the Date hereof, Discharging hereby all personal Execution against the persons Restored for payment of any principal Sums due by them before their Forfeiture, till Wh●●sunday next to come, in the Year of God One thousand six hundred and fourscore sixteen years, after which all personal Diligence shall be competent against the persons Restored, unless they dispone and put the Creditor in Possession of as much of their Estate (whereof the Creditor is to have his Election, except as to the House, Park and Mains) as will satisfy the principal Sum and Annualrents thereof resting, and not hereby given down at the ordinar rate of the Country where the Lands lie, and that free of Encumbrances, which is to be done at the sight of the Lords of Session in a Suspension, to be raised by the persons Restored, upon the said offer redeemable, nevertheless within the space of Five Years for payment of what is resting of the Creditors Debt, discounting his Intromissions; And Declaring always, that how soon the Creditor shall be excluded from the possession of the said's Lands swa to be disponed to him by the person Restored, It shall be leisume to the Creditor, immediately thereafter, to use all manner of Diligence personal and real for recovering of his Debt for which the Lands were disponed to him. Likeas, His Majesty, with Advice and Consent foresaid, Statutes and Ordains, That where a person Restored offering to dispone his Lands to his Creditors, cannot purge and disburden the Lands offered of real Encumbrances, by the sight of the Lords, and put the Creditor in the free Possession thereof, swa that he will be liable to the personal Diligence of his Creditors after Whitsunday One thousand six hundred fourscore sixteen years, that then if he demand the benefit of a Cessio bonorum, the Lords of the Session are hereby allowed to grant the same to him upon his calling of his Creditors, and making Faith, and Disponing in the common Form, without necessity of his being Imprisoned the time of raising or obtaining thereof, or of wearing the Habit, after obtaining of the same. And likeways, It is hereby Declared, that where any person during the standing of the said Forfeiture now rescinded, did Acquire any Debts due by the person Restored, they shall have Action allannerly against the person Restored for the Sums truly paid out by them, and Annualrent thereof, and shall lose all benefit of their Compositions & Eases, And His Majesty and the Estates of Parliament, Do hereby remit the Case of the deceased William Muir of Caldwell, for Repetition of bygone Rents, and all other Cases of Forfault persons Restored depending before them, to be Determined by the Lords of Session, excepting such Cases wherein Reports have been prepared by the Commission for Fines and Forfaultures for the Parliament, in which the Pursuer may at his Option further Insist, till the Decision thereof before the Parliament or Lords of the Session.   

XVII. ACT anent the Mint. july 5. 1695.  
OUR SOVEREIGN LORD, considering that by the Act of Parliament One thousand six hundred and eighty six Entitled, 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; The foresaid Expense of a free Coinage, and several matters relating to the Mint were indeed settled, but neither so perfectly nor so fully as Experience hath since discovered, but that there is still need and place for a further Regulation: Doth therefore, with Advice and Consent of the Estates of Parliament, Statute and Ordain, That notwithstanding it be recommended by the said Act to the Lords of His Majesty's Privy Council, to try by some of their Number, every Journal of Coin by itself distinctly, and that twice every year, Viz. In the Month of july and December yearly, yet seeing the foresaid distinct Trial of every Journal hath been found both a tedious and superfluous Labour, and is not practised any where else, it shall be leisom for the said Lords of His Majesty's Privy Council, to make the said Trial by such of their number as they shall think fit, not of every Journal of Coin by itself distinctly, but by taking and making Trial of any one or more single Journals, as they shall think fit, and then to cause melt down in one Mass or Lignat, the rest of the Journals, to be at that time tried, and to take an Essay of the Mass so melted down, as said is, which shall stand for the whole, but prejudice always to the said Lords of Council to make distinct Trials of the hail foresaid Journals, as they shall see cause, As also, still recommending to them the exact Trial of all Matters relating to the Coinage, at the foresaid two times above-specified, in manner mentioned in the said Act, and that notwithstanding of the foresaid Act, which is innovat in so far as the same is inconsistent with this present Act.   

XVIII. ACT anent the Quorum of the Commission of Teinds. july 5. 1695.  
OUR SOVEREIGN LORD the King's Majesty, considering that there are many Actions depending before the Lords, and others Commissioners, for Plantation of Kirks, and Valuation of Teinds, which cannot be decided and determined, in respect that the said's Commissioners have not met so frequently as was necessary, by reason of the difficulties of getting a Quorum, whereby the lieges have been much prejudged; for Remei●ing whereof, Our Sovereign Lord, with Advice and Consent of the Estates of Parliament, Statutes and Ordains, That Seven Commissioners, whereof one of every State shall be an sufficient Quorum, who being present at the down-sitting and constituting of the Meeting: the withdrawing of one or more of any of the three States, after constituting of the Meeting, shall not breach the Quorum, seven of the Commissioners of the other State or States being still present, without prejudice to the Officers of State to be still Members of the said Commission, though the presence of one or more of them be not necessary to constitute the foresaid Quorum. And His Majesty, with consent foresaid, does hereby Ratify and Approve the Twenty fourth Act of the Fourth Session, and Thirtieth Act of the Second Session of this current Parliament, in the hail Heads, Articles, and Clauses thereof, excepting in so far as the samen is innovat be this present Act; And the said's Commissioners are hereby appointed to meet every Wednesday in the afternoon, during the sitting of the Session.   

XIX. ACT anent the Duty on Scots Muslin. july 5. 1695.  
OUR SOVEREIGN LORD, with Advice and consent of the Estates of Parliament, Statute and Ordain, That in all time coming, all Muslin, plain or stripped, or Cambric, and all sorts of Linen under whatsomever Name or Designation, Manufactored within the Kingdom, shall at the exporting thereof pay Custom only as Scots Linen, conform to the Book of Rates.   

XX. ACT Anent the Post-Office. july 5. 1695.  
OUR SOVEREIGN LORD considering, that for the Maintenance of Mutual Correspondence, and preventing of many Inconveniences that happen by private Posts, several public Post-Offices have been heretofore erected, for Carrying and Receiving of Letters by Posts to and from most parts and places of this Kingdom, and that the well ordering thereof, is a Matter of general Concern, and of great Advantage, as well for the Conveniences of Trade and Commerce, as otherways; and to the end that speedy and safe Dispatches may be had, and that the best Means for that end, will be the Settling and Establishing a General Post-Office: Therefore, His Majesty with Advice and Consent of the Estates of Parliament, Statutes, Ordains, and Appoints an General Post-Office to be be keeped within the City of Edinburgh, from whence all Letters and Pacquets whatsoever, may be with Speed and Expedition sent into any part of the Kingdom, or any other of His Majesty's Dominions, or into any Kingdom or Country beyond Seas, by the Packet that goes Sealed for London, at which said Office, all Returns and Answers may be likeways received; as also, that a Master of the said General-Letter-Office shall be from time to time appointed by His Majesty, His Heirs, and Successors, by Letters, Patents, under the Privy Seal of this Kingdom, by the Name and Title of His Majesty's Post-Master-General; or otherways, that the said Office may be set in Tack by the Lords of His Majesty's Thesaury and Exchequer, as His Majesty and His said's Successors shall think most expedient: And that the said Master of the said Office, or Tacks-man for the time respectively, and his Deput or Deputes authorized by him for that effect, and his and their Servants, and no other person or persons whatsoever, shall from time to time have the Receiving, Taking up, or Ordering, Dispatching, Sending Posts with Speed, and Delivering of all Letters and Pacquets whatsoever, which shall from time to time be sent to and from, all and every the parts and places of this Kingdom, to and from His Majesty's Dominions, or places beyond Seas, where he shall Settle, or cause to be Settled, Posts or running Messengers for that purpose: Excepting such Letters as are sent by any person or persons, to and from any place within this Kingdom by their own Servants, or by Express sent on purpose about their own Affairs, and Letters directed along with, and relating to Goods sent, or to be returned by common Carriers allenarly: And where Post-Offices are not erected, and Posts settled, His Majesty with Consent foresaid, allows the Custom of sending by Carriers or others as formerly, ay and while such Offices be established and no longer. And farther, His Majesty with Advice and Consent foresaid, Statutes and Enacts, that the said Post-Master-General, or Tacks-man and their respective Deputs and Substitutes, and no other person or persons whatsoever, shall provide and have in readiness, sufficient Horses and Furniture for riding Post to all persons, riding to and from all the parts and places of Scotland where any Post Roads are, or shall be settled and established: But prejudice to the use of hiring of Horses, which are not to ride Post as formerly. And sicklike, His Majesty with Advice and Consent foresaid, Statutes, Enacts, and Ordains, that it shall be lawful for the said Postmaster General, or Tacks-man and their said's Deputes, to ask, exact, and receive, for the Portage and Convoyance of all such Letters, which he or they shall so Convoy, Carry, or send Post as aforesaid, and for providing and furnishing Horses for riding Post as aforesaid, according to the several Ra●es and Sums abovementioned, which they are not to exceed, viz. all single Letters to Berwick, or any part within fifty Miles of Edinburgh two shilling, double four shilling, and so proportionally; all single Letters to any place above fifty Miles, and not exceeding a hundred Miles, to pay three shilling, double six shilling, and so proportionally, all single Letters to any place in Scotland above a hundred Miles, to pay four shilling, double eight shilling, and so proportionally: Declaring nevertheless, that all single Letters with Bills of Loadning or Exchange, Envoys, or other Merchant Accounts enclosed and sent to any place within the Kingdom, shall be only considered as single Leters; all Pacquets of Papers to pay each one as triple Letters: And it shall be lawful for the said Post-Master-General, Tacks-man, and their Deputs, to ask, exact, take, and receive from every person, to whom he or they shall furnish Horses, Furniture, and Guide for riding Post in any of the Post Roads aforesaid, three shilling Scots for ilk Horse hire for Postage for every Scots Mile. And in like manner, His Majesty with Advice and Consent foresaid, strictly Prohibits and Discharges, all other person or persons whatsoever, as well single, as Bodies Politic or incorporate, excepting the said Post-Master-General, or Tacks-man, and their Deputs, and the Servants of Noblemen, Gentlemen, and others, in the Cases particularly above-excepted allenarly, to carry, receive, or deliver any Letters for hire, or to set up or employ any Foot Post, Horse Post, or to settle Post-Masters within their Jurisdictions, under the penalty of twenty pounds' Scots for every Transgression, and an hundred pounds' Scots for each Month's Continuance thereof, after Intimation be is made to them in the contrair, and the said's penalties to be pursued for, before any Judge competent, the one half thereof to be applied for the use of the Informer, and the other half for the use of the said Post-Master-General, or Tacks-man respective; and that no common Carrier presume to carry any Letters to, or from any places within this Kingdom, where Post-Offices are settled, excepting the case aforesaid: Certifying all such as do in the contrary, that upon Seizure of any such Carrier with the Letters about him, or being convicted thereof before any Judge competent, he shall be imprisoned six days for ilk fault, and fyned in the Sum of six pounds' Scots, toties quoties: And because, it is not only expedient for His Majesty's Government, but likeways for the Advancement of the Trade of this Kingdom, that a settled Correspondence by Weekly Posts, be established with His Majesty's Subjects in the Kingdom of Ireland, and that the said Kingdom of Ireland, will not be at the expense for maintaining the Packet Boats for passing to and from this Kingdom; Therefore, His Majesty with Advice and Consent foresaid, Ordains and Appoints the said General-Post-Master or Tacks-man, to keep and maintain Packet Boats to go Weekly, (Wind and Wether serving,) from Port-Patrick in this Kingdom to Donachadee in Ireland, to carry and receive all Letters to be sent betwixt this Kingdom and the Kingdom of Ireland, and that the expense bestowed on these Packet Boats, be allowed to the said General-Post-Master or Tacks-man, in part of his Intromissions with the profits of the said General-Letter Office, or out of the Tack Duty when the same is set in Tack or Farmed, not exceeding the sum of sixty Pounds Sterling Money Yearly. And His Majesty with Consent foresaid, Ordains and Commands all the Sheriffs, Stewarts, Bailies of Regalities or Royalties, Magistrates of Royal burgh's, Justices of Peace, and all other Judges and Magistrates whatsoever, als well in Burgh a● Landward, to concur with and assist the Post-Master-General, Tacks-man and their Deputs, in the Discharging of his Trust, for rendering this Act effectual for the ends above-written, and putting the same to all due and lawful execution within their respective bounds. And His Majesty with Consent foresaid, Statutes and Ordains, that no person or persons of whatsoever Degree or Quality, presume to stop, molest, hinder, or impede the several Posts, als well Foot Posts, as Horse Posts authorized by, or bearing Warrant from the said Post-Master-General, Tacks-man, or their Successors in Office, by night or by day, under the pain and penalty of one thousand Pound Scots, attour the Reparation of the Damnages to any Party lesed thereby; far less to detain, rob, or take away any Pacquets, under the pains contained in the Acts of Parliament. And His Majesty with Consent foresaid, Ordains and Appoints the said Post-Master-General, Tacks-man and his said Deputs, and their Successors in their several Offices, to take the Oath of Allegiance and subscribe the same with the Assurance, appointed to be taken by all persons in public Trust, by the third Act of the third Session of this current Parliament. And His Majesty with Consent foresaid, Ordains General Letters to be directed at the Instance of the said General-Post-Master, or Tacks-man, and their Successors in Office, against their several Deputs, for the Tack-Duties of their respective Offices, as is allowed for Inbringing any part of His Majesty's Revenue. And Lastly, the Lords of His Majesty's Privy Council, are hereby Authorized and Impowered to take care, that particular Post-Offices be established over all the Kingdom at places most convenient, and the times of parting of Posts with Letters, and of their running, be duly settled and published; And generally, that this Act be punctually observed and execute, and do all other things to make the same effectual for the true end and intent thereof. And Ordains this present Act to be Published and Printed, that none may pretend ignorance.   

XXI. Explanatory Act anent the Excise of Brandy. july 5. 1695▪  
FORASMUCH AS many Actions have been Commenced and Pursued before the Lords Commissioners of Thesaury and Exchequer, to the great Vexation and Expense of the lieges, anent the Meaning of the Act of Parliament first of December 1673, Entitled, Act concerning the Importation and Excise of Brandy; by which Act six Shilling Scots are imposed upon each Pint, to be paid by the Retailers in smalls; and under pretence of the word Retailers in the said Act, the Sub-taxmen and Collectors have forced the lieges to pay for the same two or three times, and the Merchant's Importers have been likewise charged therefore, notwitstanding that by the said Act Retailers are only liable. For remeid of which, OUR SOVEREIGN LORD with Consent of the Estates of Parliament, does hereby Declare, that the six Shilling upon the Pint of Brandy, shall hereafter be payable only by Toppers and Retailers in smalls, who sell Brandy by Pints, Gills, and lesser Quantities than Pints in Taverns, Shops, Cellars, and the like, where the same is immediately consumed, and by no others, notwithstanding of any former Practice in the contrair.   

XXII. ACT Against Intruding into Churches without a Legal Call and Admission thereto. july 5. 1695.  
OUR SOVEREIGN LORD Considering, that Ministers and Preachers, their Intruding themselves into vacant Churches, Possessing of Manses and Benefices, and Exercing any part of the Ministerial Function in parochs, without a Legal Call and Admission to the said's Churches, is an high Contempt of the Law, and of a dangerous Consequence tending to perpetuat Schism. Therefore, His Majesty with Advice and Consent of the Estates of Parliament, Statutes and Declares, that whoever hereafter shall intrude themselves into any Church, or shall Possess Manse or Benefice, or shall Exercise any part of the Ministerial Function within any Paroch, without an orderly Call from the Heretors and Eldership, and Legal Admission from the Presbytry within whose bounds it lies, shall be incapable of enjoying any Church, or Stipend, or Benefice within this Kingdom, for the space of seven years after their Removal from the Church, and quiting Possession of the Stipend and Benefice into which they intruded: Likeas, His Majesty with Advice and Consent foresaid, does hereby remit the Execution of this present Act to Sheriffs, Stewarts, Bailies of Bailliaries, and Regalities, and their Deputs, and to Magistrates of Burrows Royal, who are hereby Authorized and Required, to remove and declare incapable, ut supra, all these, who shall hereafter intrude into Churches within their respective Jurisdictions, upon Complaint from the Presbytry, or any person having Warrant from the Presbytry, within whose bounds the said's Intrusions shall happen to be made hereafter; and that upon Citation of ten days: Ordaining hereby Letters of Horning and Caption to be direct in communi forma, upon Decreets to be given by the said's inferior Judges, for compelling the said's Intruders to remove from the said's Churches and Manses, and to quite Possession of the said's Stipends and Benefices, and to desist and cease from Exercing any Ministerial Acts within the said's parochs, into which they shall hereafter intrude. Likeas, His Majesty doth hereby Recommend to the Lords of His Majesty's Privy Council to remove all these, who have already, since the Establishment of this present Church Government, intruded into Vacant Churches, without an orderly Call from the Heretors and Eldership of the Paroch, and a Legal Admission from the Presbytry within whose bounds the said's Churches lies: As also, to take some effectual Course for stopping and hindering these Ministers, who are, or shall be hereafter Deposed by the Judicatories of this present established Church; from Preaching or Exercising any Act of their Ministerial Function, which they cannot do after they are Deposed, without a high Contempt of the Authority of the Church, and of the Laws of the Kingdom establishing the same.   

XXIII. ACT Anent Lands lying Run-rig. july 5. 1695.  
OUR SOVEREIGN LORD and the Estates of Parliament taking into their Consideration, the great Disadvantage, arising to the who●e Subjects, from Lands lying run-rig, and that the same is highly prejudicial to the Policy and Improvement of the Nation, by Planting and Enclosing, conform to the several Laws and Acts of Parliament of before made thereanent: For remeid, His Majesty with the Advice and Consent of the said Estates, Statutes and Ordains, that wherever Lands of different Heretors lie run-rig, it shall be Leisum to either Party to apply to the Sheriffs, Stewarts, and Lords of Regality, or Justices of Peace of the several Shires where the Lands lie; to the effect, that these Lands may be divided according to their respective Interests, who are hereby Appointed and Authorized for that effect; and that after due and lawful Citation of all Parties concerned, at an certain day, to be prefixed by the said Judge or Judges. It is always hereby Declared, that the said's Judges, in making the foresaid Division, shall be, and are hereby restricted, so as special regard may be had to the Mansion-Houses of the respective Heretors, and that there may be allowed and adjudged to them the respective parts of the Division, as shall be most commodious to their respective Mansion-Houses and Policy, and which shall not be applicable to the other adjacent Heretors: As also, it is hereby Provided and Declared, that their Presents shall not be extended to the Burrow and incorporate Acres, but that notwithstanding hereof, the same shall remain with the Heretors to whom they do belong, as if no such Act had been made.   

XXIV. ACT for Obviating the Frauds of appearand Heirs. july 10. 1695.  
OUR SOVEREIGN LORD Considering the frequent Frauds and Disappointments that Creditors do suffer, upon the Decease of their Debtors, and through the Contrivances of appearand Heirs, in their prejudice: For Remeid thereof, and also for facilitating the Transmission of heritage in Favours of both Heirs and Creditors, His Majesty, with Advice and Consent of the Estates of Parliament, Statutes and Ordains, That if any man since the first of january One thousand six hundred and sixty one, have served, or shall hereafter serve himself Heir; or by Adjudication on his own Bond, hath since the time foresaid succeeded, or shall hereafter succeed, not to his immediate Predecessor, but to one remoter, as passing by his Father to his Goodsire, or the like; then, and in that Case, he shall be liable for the Debts and Deeds of the Person interjected, to whom he was appearand Heir, and who was in the Possession of the Lands and Estate to which he is served, for the space of three years, and that in so far as may extend to the value of the said Lands and Estate, and no further; deducing the Debts already paid: As also, with this order, as to the time past, that all the true and lawful Debts of the appearand Heir, entering as said is, and already contracted, with the true and real Debts of the Predecessor to whom he enters, shall be preferred in the first place. As also, His Majesty, with Advice and Consent foresaid, Statutes and Ordains, That if any appearand Heir for hereafter, shall without being lawfully served or entered Heir, either enter to possess his Predecessors Estate, or any part thereof, or shall purchase, by himself, or any other to his Behoof, any Right hereto, or to any Legal Diligence, or other Right affecting the same, whether Redeemable or Irredeemable, otherwise than the said Estate is exposed to a lawful public Roup, and as the highest Offerer thereat, without any Collusion; his foresaid Possession or Purchase shall be repute a behaviour as Heir, and a sufficient passive Title to make him represent his Predecessor universally, and to be liable for all his Debts and Deeds, sicklike as if the said appearand Heir, possessing or purchasing, as said is, were lawfully served and entered Heir to his said Predecessor: Declaring always, Likeas, it is hereby declared, that the said appearand Heir may bring the said Estate to a Roup, whether the Estate be Bankrupt or not. And it is further Statute, that where Rights or Legal Diligences, affecting their Predecessors Estates, shall be found settled in the Person of any such near Relation, to whom the appearand Heir to the foresaid Predecessor may also succeed as Heir, the appearand Heirs possessing by virtue of the said Rights and Diligences, except upon Lawful Purchase by public Roup, as said is, shall not only be a passive Title, but the said Rights and Diligences in the Person of the said near Relation, shall only be sustained as valid to exclude the Predecessors Creditors, in so far as can be qualified and instructed, that these Rights and Diligences were truly and honestly purchased for payment of Sums of Money, and no further. And moreover, His Majesty, with Advice and Consent foresaid, Statutes and Ordains, That for hereafter any appearand Heir shall have free liberty and access to enter to his Predecessors cum beneficio inventarii, or upon Inventary, as use is, in Executories and Movables, allowing still to the said appearand Heir, year and day to deliberate, in which time he may make up the foresaid Inventary, which he is to give up upon Oath, full and particular as to all Lands, Houses, Annualrents, or other heritable Rights whatsoever, to which the said appearand Heir may, or pretends to succeed; which Inventary to be subscribed by him before Witnesses, duly insert and designed, shall be given in to the Clerk of the Sheriff Court of the Shire, where the Defuncts Lands and heritage lie; or in case the Defunct had no Lands or heritage requiring Season, to the Clerk of the Shire, where the Defunct deceased: To which Inventary, the Sheriff, or Sheriff-Deput, with the Clerk of the Court, shall also subscribe in Judgement, and record the same in their Registers, and give Extracts thereof, for all which, the upgiver of the said Inventary shall pay no more to the Court and Clerk thereof, on any account, than the ordinary price of Extracts in that Court, for an extract of the said Inventary: and this Inventary is to be given in, recorded, and extracted as said is, within the said year and day, to deliberat; and thereafter the foresaid Extract thereof, shall within forty days after the expiration of the said year and day, be again presented and registrated in the Books of Council and Session, in a particular Register to be appointed by the Clerk Register, for that effect: And the appearand Heir entering by Inventary, in manner foresaid, is hereby declared to be only liable to his Predecessors Debts and Deeds, secundum vires Inventarii, and in as far as the value of the Heritage, given up in Inventary, will extend, and no farther. Providing always, Likeas, it is hereby specially provided, that if the aforesaid appearand Heir shall have any intromission with the Defuncts heritable Estate, or any part thereof, otherways than necessary intromission, for Custody and Preservation, before his giving in, recording and extracting of the said Inventary in manner foresaid; or if he shall fraudfully omit any thing out of the said Inventary, that is, which yet he shall be found to have intrometted with, or possessed, then, and in either of these Cases, he shall lose the benefit of the Inventary, and be universally liable, as if entered Heir without Inventary. And farther, that if any part of the said heritable Estate shall be without fraud omitted to be given up by him in the foresaid Inventary, and shall not in the mean time be affected by the diligence of a lawful Creditor, he shall have Liberty, so soon as he comes to the knowledge thereof, and within forty days thereafter, to make an Eik of the same, to the said Inventary; which Eik is to be made and subscribed, given in and recorded, in the same manner with the Principal Inventary abovementioned. And lastly, it is hereby declared, that appearand Heirs, if they please, may enter without Inventary as formerly in all points, and that whether they enter with or without Inventary, they are still to enter by Service and Retour, or by Precepts of Clare constat, in manner formerly accustomed.   

XXV. ACT anent the Repetition of Fines. july 10. 1695.  
OUR SOVEREIGN LORD considering, that by the Eighteenth Act of the Second Session of this current Parliament, Entitled, Act Rescinding the Forefaultures and Fines, past since the Year One thousand six hundred sixty five; All Fines than unpayed, which were imposed by Sentences, from the first day of january One thousand six hundred sixty five, to the fifth of November One thousand six hundred eighty eight upon any person or persons for Church Irregularities or Non-conformities, or refusing of Public Bonds, Subscriptions or Oaths, or for not obeying Acts, Proclamations and Orders thereanent, Resetting or Conversing with Rebels, for the Causes foresaid, refusing to depone in Lybels against themselves, in Capital Cases, albeit restricted to an Arbitrary Punishment; with all Hornings, Denunciations and Intercommuning, given, pronounced, and issued forth in Parliament, or by an other Court or Commission against any Persons, for the said's Causes, are expressly discharged: And further, that by the foresaid Act, it was remitted to the Commission, appointed for Fines and Forefaulters, to consider the Grounds of repetition of such of the said Fines as were paid to Donators, or others having Right from them, and other private Parties: And also considering that the said Commission hath given no Decision or Determination upon the foresaid Remit, whereby the Parties lesed, who made payment of the said Fines in manner foresaid, to Donators, and others, have as yet received no redress: Therefore His Majesty, with Advice and Consent of the Estates of Parliament, Doth Statute and Declare, That where Fines were imposed by Sentences from the first of january One thousand six hundred sixty five to the fifth of November One thousand six hundred eighty eight, upon any Person for Church Irregularities and Non-conformities, or refusing of public Bonds, Subscriptions and Oaths, for not obeying Acts, Proclamations and Orders thereanent, Resetting of, or Conversing with Rebels for the Causes foresaid, refusing to depon upon libels against themselves in Capital Cases, albeit restricted to an Arbitrary Punishment, and that the Persons so fined, have made payment of the hail of the said Fines, or any part thereof, to Donators or others, that it shall be leasom for them to pursue the said Donators or others for repetition, and who are hereby declared liable to refound what they have received, together with the Annualrent thereof since Martimass One thousand six hundred eighty eight. And further, His Majesty, and the Estates of Parliament, having considered the Act made in the year One thousand six hundred and ninety, Rescinding Fines and Forefaulters, and that thereby the forefaulted Persons are restored to their Lands, Rents and Possessions, and the Composition made by them or others in their Name, ordained to be repaid by the Donators or others; and seeing it is just, that the Annualrents of the said Compositions, since the date of the foresaid Act be likewise paid. Therefore, His Majesty, with Advice and Consent foresaid, Statutes and Ordains, that Annualrent from the Date of the said Act be repaid, with the Compositions themselves, excepting always forth and frae this Act, all Fines imposed by Mr. john Meinzies Advocate, while Sheriff-Deput of Lanerk, in regard it is notorly known he fined not for any advantage to himself, but for prevention of rigorous Execution from others, and remits all Causes for repetition of Fines depending before the Parliament or Commission to be discussed by the Lords of Session summarily, without abiding the course of the Roll. And it is further declared, that where any Person forefaulted and restored as above, shall be found to be postponed in diligence, either for his Payment as a Creditor, or his Relief as a Cautioner, by reason of his forefaulture, he shall now, after his Restitution be in the same Case for preference, as if he had done all Diligence possible for him, if not forefaulted.   

XXVI. ACT Discharging Popish Persons to prejudge their Protestant Heirs in Succession. july 11. 1695.  
OUR SOVEREIGN LORD understanding, that Parents, and others of the Popish Religion, and that are so affected, Do restrain and overawe their Children, and appearand Heirs, so as they cannot, though convinced in their Consciences, by the Light of the Truth, abandon the Popish Errors and Superstitions of their said Parents, for fear that they may be by them disinherited, and deprived of any Benefit of Succession, that they may have, by their said Parents, and others foresaid; Do therefore, and for Remeid thereof, Statute and Ordain, with Advice and Consent of the Estates of Parliament, that it shall not be leisom, nor in the power of any professed or known Papist, to make any Gratuitous Deed, or Disposition in prejudice of their appearand Heirs, and the Benefit they may have, by their Succession to, and in Favours of any other Person, or Persons whatsomever; Declaring, Likeas, it is hereby declared, that no such Disposition or Deed, shall be of any force, but shall be judged to be gratuitous, unless that both the Person granter, and the Writer and Witnesses in the Deed, shall declare upon Oath, and also qualify satisfyingly, before the Judge Ordinary of the Bonds, that the foresaid Disposition and Deed was made and granted, for true, onerous, and adequat Causes; or otherways that the same shall be null and void, in manner above-Statute.   

XXVII. ACT Concerning the Church. july 16. 1695.  
OUR SOVEREIGN LORD, Being sensible of the Hurt and Mischief that may Ensue, upon the exposing of the People's Minds to the Influence of such Ministers, who refuse to give the Proofs required by Law of their Good Affection to the Government; And withal desirous, that in the first place, all gentle and easy Methods should be used to reclaim men to their Duty, whereby the present Establishment of this Church, may be more happily preserved, the knowledge of the Truth, with the practice of true Piety more successfully advanced, and the peace and quiet of the Kingdom more effectually settled: Hath thought good to allow, and with Advice and Consent of the Estates of Parliament, hereby allows to all Ministers that were at the time of His Majesty's happy Accession to the Crown, and have since continued actual Ministers in particular parochs, and no Sentence either of Deposition or Deprivation passed against them, and have not yet Qualified themselves, conform to the Act of Parliament 1693, Entitled, Act for taking the Oath of Allegiance and the Assurance, a new and farther day, viz. the first of September in this present year 1695, to come in and take the said Oath of Allegiance, and to subscribe the same with the Assurance betwixt and the said day, and that either before the Sheriff, or Sheriff-Deput of the Shires, or the Provost or Bailies of the respective burgh's, or any other Inferior Magistrate of the bounds where they live, or before any Privy Counsellor, with a Certificate under the hand of the said Inferior Judges, or Privy Counsellor, to be reported to the Lords of His Majesty's Privy Council, or their Clerk, within the space of twenty one days after the date of the said Certificate: Declaring, that all such as shall duly come in and qualify themselves as said is, and shall behave themselves worthily in Doctrine, Life and Conversation as becomes Ministers of the Gospel, shall have and enjoy His Majesty's Protection, as to their respective Kirks and Benefices, or Stipends, they always containing themselves within the Limits of their Pastoral Charge within their said parochs, without offering to Exerce any power, either of Licensing, or Ordaining Ministers, or any part of Government in General Assemblies, Synods, or Presbytries, unless they be first duly assumed by a competent Church Judicatory; in which Case, it is hereby farther Declared, that the foresaid Ministers first qualifying themselves as above, may be assumed by the respective Church Judicatories to which they belong, and shall apply to partake with them in the present Established Government thereof: Providing nevertheless, that as the said Ministers who shall qualify themselves as said is, are left free to apply or not, to the foresaid Church Judicatories: So the said Church Judicatores are hereby also Declared free to assume, or not assume the foresaids Ministers, though qualified as they shall see cause: WITH CERTIFICATION, that such of the said Ministers, as shall not come in betwixt and the said day, are hereby, and by the force of this present Act, ipso facto, Depriof their respective Kirks and Stipends, and the same Declared vacant without any further Sentence. And His Majesty being purposed, that His Grace shall be still patent to all; doth further Declare and Statute, with Consent foresaid, that at what time soever any Minister, either settled in a Church, or not, shall upon application, be judged fit to be assumed by any competent Church Judicatory as said is, the foresaid Minister, upon a Certificate thereof from the said Judicatory, shall be admitted and allowed to qualify himself, by taking the Oath of Allegiance, and subscribing the same with the Assurance in manner foresaid, albeit the said first of September be past and elapsed. And His Majesty with Consent foresaid, Allows, Declares, and Statutes as above, any thing in the foresaid Act 1693, or in the other Act of the same Session of Parliament, Entitled, Act for Settling the Quiet and Peace of the Church, notwithstanding. And His Majesty with Consent foresaid, for the greater encouragement of all Ministers of the Gospel, not only ratifies the Act of Parliament 1669, forbidding all Suspensions of special Decreets and Charges for Ministers Stipends, or the Rents of their Benefices, except on production of Discarges, or upon Consignation in manner therein provided: But further Statutes and Ordains, that there be no Advocation, or Sist of Process granted of Actions for the said Stipends, or Rents of Benefices, when pursued before Inferior Judges, and that in the case of a Decreet, there be neither Suspension nor Sist of Execution granted, except on production of clear Discharges or Consignation as said is, and if any Suspension be past, that the same be summerly discussed at the Instance of the Charger, without abiding the Order and Course of the Roll: And that if the Letters be found orderly proceeded, the Suspender be also Discerned at least in a fifth part more than the Sums charged for, with what more the Lords shall judge reasonable to be paid to the Charger for his Expense and Damnage. and if any Minister shall happen to pursue for his Stipend by way of ordinary Action before the Lords, it is hereby farther Ordained, that the same be summarily proceeded in, and discussed without abiding the Course of the Roll. And Lastly, for a more ample Declaration of an Act made in this Session of Parliament, for encouraging of Preachers at Vacant Churches be North Forth, His Majesty with Consent foresaid, extends the same not only to Preachers who are not settled in Churches, but also to such Ministers who though settled in Churches, are yet sent from time to time from any Presbytry or Synod of this Church, without their own Presbytry, to supply the said Vacancies, to the effect, that the said Ministers settled, as well as the said Preachers not settled, may equally have the benefit of the said Act, in the terms thereof.   

XXVIII. ACT For the Additional and Annexed Excises. july 16. 1695.  
THE Estates of Parliament, taking to their Consideration, that for the Maintaining of the present standing Forces, and the necessary Defence of the Kingdom, and Coasts thereof, against the Dangers that continue to threaten from the present War; an Additional Fond, to the Supplies already given, in this present Session of Parliament, is requisite: Do therefore, for the said Fond, and over and above the Excise of two marks upon the Boll of Malt, and the Excises on strong Waters and Brandy, and Foreign Beer annexed to the Crown, heartily offer to His Majesty, an Additional Excise of two pennies upon the Pint of Ale and Beer, browen to be vended and sold; As also, of two shilling upon each Pint of Aquavitae and strong Waters, brown or made of Malt, to be vended and sold within the Kingdom: And likewise an Additional Excise of two shilling upon each Pint of Aquavitae and strong Waters brown, not made of Malt, excepting what is made of Wine; and that during the space of twelve Months, commencing from the first day of September next. And His Majesty, and Estates of Parliament, considering the Advantages of a greater Consumption, and better Liquor arising, both to the Heretors, Brewers, and the whole lieges of the Kingdom, by laying all Excises upon the Liquor, and not upon the Malt; as also the manifest conveniency that the said Annexed Excise formerly on the Malt be converted upon the Liquor, that both these Excises may be uniformly raised and uplifted, with less Charges and Expenses, with which Reasons, and the Truth thereof, after mature Deliberation, the Estates of Parliament are satisfied, and fully convinced, that His Majesty getting an Equivalent, the same are just and important, concerning both His Majesty's Interest and the public Good and Welfare of this Kingdom. Therefore His Majesty, with consent of the said Estates, hath dissolved, and hereby dissolves the foresaid Annexed Excise of two Marks upon the Boll of Malt, from the Crown and Patrimony thereof. Rescinding, likeas, His Majesty hereby rescinds the Act of Parliament 1685, giving, and annexing the foresaid Excise of two Marks upon the Boll of Malt to the Crown, in so far as, it gives and annexes the same allannerly, and no farther: Together with all Tacks, Contracts or Commissions, made, or granted, of, or concerning the foresaid annexed Excise, hereby Dissolved and taken away; Declaring the said Tacks, Subtacks, Contracts, and Commissions to be fallen therewith in Consequentiam, after the first day of September aftermentioned: In place of the which annexed Excise, and as an Equivalent, in Lieu thereof, the Estates of Parliament, for the usefulness of this Grant, to support the Interest of the Crown, do humbly and unanimously offer to His Majesty, over and above the foresaid two pennies, and other additional Excises abovementioned, an Excise of three pennies more upon the Pint of all Ale and Beer browen to be vended and sold as said is; As also, of three shilling more upon ilk Pint of Aquaviae or strong Waters, not made of Malt browen and sold within this Kingdom: six shilling upon ilk Pint of Foreign Aquavitae, Brandy, or strong Waters; and thirty shilling upon ilk Barrel of imported Foreign drinking Beer; and this Excise hereby given in Lieu of the foresaid annexed Excise of two Marks upon the Boll of Malt, and Ordained to commence from the foresaid first day of September: His Majesty, and the Estates of Parliament, by the force of this present Act, have United and Annexed, and Unites and Annexes the same to the Crown of this Realm, to remain therewith, as annexed Property in all time coming. And His Majesty, with Advice and Consent foresaid, do appoint the payment of the said Two Excises, unannexed and annexed, extending to five pennies upon the Pint, so long as they shall Concur, to be as follows, viz. For the first two Months, upon the first day of November next to come, and thereafter quarterly, and proportionally, so long as they shall concur, and stand together; and thereafter the foresaid new annexed Excise to be paid at such Terms as His Majesty and Successor: shall please to appoint; And for making of the said two Excises effectual for their respective Endurances, His Majesty, with Consent foresaid, doth Impose and Ordain the foresaid two Excises upon Ale and Beer, to be raised and uplifted from all Brewers of the said Liquors, brown and made to be vended and sold, as said is; and the said Excises upon Aquavitae and strong Waters to be raised and uplifted from all Retailers thereof. And for the raising and inbringing of the said Excise, His Majesty, and the Estates of Parliament do hereby Appoint and Authorise the Commissioners of the new Supply, appointed in another Act of this present Session of Parliament to be the Commissioners of the Excise, during the respective Endurances of the said two Excises, for the several Shires, for the end foresaid, and the Royal burgh's to have the same number of Commissioners, as was appointed by the fourteenth Act of the Parliament 1661., impowering them fully for that effect, conform to the Rules and Orders formerly Enacted for raising and inbringing the former annexed Excise upon Malt: As also to set down and cause observe such other Rules as they shall judge necessary, agreeable always to the Acts of Parliament already made about the foresaid Excise. And that the said Excises on Liquor may arise more equally, it is hereby Statute, That during the Concurrence of the said two Excises, the lowest Price of Ale or drinking Beer to be brewed and vented and sold for hereafter, shall in all burgh's, where the Burgh hath an particular Imposition on Malt or Liquors, be twenty eight pennies for the Pint, to be paid by the Buyer to the Ventner or Tapster, and in all other Places, both to Burgh or Landward, two shilling the Pint, with Certification that the Ventner transgressing, by selling under the said Rates, shall be fined by the said Commissioners in the Sum often pound Scots at the instance of any other Brewer or other Complainer toties quoties, to be applied by the saids Commissioners for Pious and Public Uses, within their respective Shires; and further, be either put under sufficient surety to observe this Rule for hereafter, or if he cannot find surety, discharged to brew in time coming, at the fight of the said's Commissioners. And further, His Majesty, with Advice and Consent foresaid, doth hereby Declare and Enact, that if any Brewer in use to brew for sale and Change, shall give over brewing after the date of this Act, without an Allowance in writing from the Commissioners of Excise, for good and seen Causes, the said Brewer shall not be permitted to brew for Change, for the space of five years thereafter; but shall be, and is hereby Discharged and rendered uncapable to do the same; As likewise, it is hereby Statute and Ordained, that no person whatsoever, who have not been in use to brew for the service of themselves and their Family in time by past, shall presume to brew after the first day of September next to come, for their own and their Families use, and if they contraveen, that they shall be liable in payment of the value of what they shall brew. And his Majesty, with consent foresaid, doth Ordain the said Commissioners to meet the first Tuesday of September next, at the Head Burgh of every Shire respective, and afterwards upon the first Tuesday of ilk Month where they shall appoint. And it is hereby specially provided, that if either Collector or Farmer, shall presume to raise or Levy the said Excise upon the Malt, or otherwise than upon the Liquor, he shall incur the pain of an 100 Marks, toties quoties, to be discerned and exacted by the said Commissioners, or by the Lords of Privy Council, in case the said's Commissioners shall overlook the same: as also, that the Brewer assenting thereto, or complice therein, shall incur the pain of fifty Marks, and also amitt and lose the Liberty of brewing, which Fines are also hereby appointed to be applied ut supra: And it is hereby Declared, that if any Tacks-man or Collector, or other Person shall exact any thing over and above his Excise for the Discharges thereof, or for the Discharge of any other public Deuce whatsoever, it shall be repute as Oppression, and punished accordingly by the said Commissioners, who are hereby impowered to proceed against the persons guilty. And His Majesty, with Advice and Consent foresaid, do Authorise and Empower the Lords of Privy Council to prescribe such other Methods and Orders as they shall judge necessary for making this Act effectual.   

XXIX. ACT For Continuing the Additional Excise till March 1697, with Three Months farther Cess. july 16. 1695.  
THE ESTATES OF PARLIAMENT Taking to their further Consideration, the present State of the Kingdom, and public Exigencies thereof; Have thought fit to Offer, and do hereby Humbly & Heartily Offer to His Majesty, that the Additional Excise of Two Pennies upon the Pint of Ale and Bear, and other Liquors Imposed for an Year, beginning the first of September next, by an Act of this Session of Parliament, be Continued from and after the expiring of the said Year, until the first of March 1697. And sicklike, the Sum of Two Hundred and Sixteen Thousand Pound, being Three months' Cess upon the Land-rent of this Kingdom, payable at the Term of Lambmas 1696 years, and that over and above the Six months' Cess already granted by another Act of this Session of Parliament: And accordingly His Majesty, with Advice and Consent of the said Estates, Statutes and Ordains, That the said Additional Excise hereby Continued as said is, and the said Three months' Cess payable at Lambmas 1696, granted by this present Act, shall be raised, uplisted and ingathered from the persons liable in payment, in manner and for the ends appointed by the said's two respective Acts abovementioned.   

XXX. ACT For Preservation of Meadows, Lands and Pasturages lying adjacent to Sand-Hills. july 16. 1695.  
OUR SOVEREIGN LORD Considering that many Lands, Meadows and Pasturages lying on the Seacoasts, have been ruined and overspread in many places of this Kingdom, by Sand driven from adjacent Sand-hills, the which has been mainly occasioned by the pulling up by the Root of Bent, Juniper and Broom-Bushes, which did loose and break the Surface and Scroof of the said's Hills; and particularly Considering that the Barony of Cowbin, and House and Yards thereof, lying within the Sheriffdom of Elgin, is quite ruined and overspread with Sand, the which was occasioned by the foresaid bad practice of pulling the Bent and Juniper. Therefore His Majesty, with Advice and Consent of the Estates of Parliament, for preventing of the like Prejudices in time coming; Does strictly Prohibit and Discharge the pulling of Bent, Broom, or Juniper off Sand-hills for hereafter, either by the Proprietors themselves, or any other whatsomever, the same being the natural Fences of the adjacent Countries to the said's Hills; Certifying such as shall Contraveen this Act, they shall not only be liable to the Damages that shall therethrough inshew, but shall likeways be liable in the Sum of Ten Pounds of Penalty; the one half thereof to belong to the Informer, and the other half to the Judge within whose Jurisdiction the said Contravention shall be committed.   

XXXI. ACT For turning the Tack of the Pole 1693, into a Collection. july 16. 1695.  
OUR SOVEREIGN LORD Considering, that albeit the Pole granted by Act of Parliament, in the year 1693, was Set by the Lords of Thesaury and Exchequer, to the Lord Ross, Sir john Cochran of Ochiltrie, and others mentioned in the Tack thereof, for the Sum of Forty four thousand one hundred Pounds Sterling of Tack-Duty, as the Tack in itself bears: Yet the Levying of Money by Pole being new, and the Country and others concerned, not observing the Rules and Ordinances contained in the Act of Parliament thereanent, but through their Failzying, incurring the Quadruples appointed by the said Act by way of Penalty; the foresaids Tacks-men were not able to pay the foresaid Duty, unless they had been allowed to exact the foresaid Quadruples, which had visibly tended to the great oppression and disturbance of the whole Kingdom. THEREFORE, and in so singular a Case, which His Majesty is resolved shall never be drawn into Example, His Majesty with the Advice and Consent of the Estates of Parliament hath Liberated and hereby Liberates the foresaid Tacks-men, and all others concerned therein, from the said Tack and Tack duty, Discharging and Exonoring them of the Samen, but with this Condition and Provision. Likeas His Majesty with Advice foresaid, hereby Statutes and Provides, That the foresaid Tacks-men shall make just Compt and Reckoning of all their Intromissions with the said Pole-money, Sicklike as if they had only been Collectors, and instead of the said Tack had got a Commission allanerly for that Effect, with and under always the Particular Conditions following, First, that the said Tacksmen be Liable for all the Subcollectors and Managers Employed by them. Secondly, that all their Books be made Patent, and Examined. And that the Tacks-men and their Subcollectors be examined upon Oath, as to the verity thereof, and whether there be any thing Omitted. Thirdly, that in case it be found, there was any thing Received from the Country, not given up in the Books: That the Tacks-men, or their Subcollectors be liable in Twenty Shilling, for each Shilling so Omitted. Fourthly, that the Rolls of the Poleable persons taken up by the several Justices of Peace, Magistrates of burgh's, and others be produced to be compared with the Books. Fifthly, That a few Comptrollers be appointed to examine Books, and Accounts, and adjust the whole Matter, and that the lieges be Invited & Encouraged to Control the said Accounts, and that they be patent at a public Office for a reasonable time to all the lieges for that end. Sixthly, that the Order of Payment, viz. of the Country in the First place, and then of the Forces, as Prescribed by Act of Parliament, be duly and strictly observed by the Commission abovementioned. Seventhly, that upon Accounts Instructed and Liquidat, in due manner, Retention be allowed by the commission to those to whom the said Accounts are due, in the Terms of the Act of Parliament. Eightly, that where any Sub-tack hath been Set by the said Tacks-men, the Sub-tacksmen have in their Option, either to pay the Sub-tack-duty, or make Compt, Reckoning and Payment of their Intromission, as subcollectors. Ninthly, that no Salaries be allowed, or given to the said Tacks-men, or their Subtacksmen for their Collecting. And to the Ef-fect, the said Compt and Reckoning may proceed; His Majesty with Advice and Consent foresaid; Hereby Nominats and Appoints the Duke of Queensberry, the Earls of Linlithgow and Levin, Sir john Lauder of Hattoun, the Laird of Livingstoun, the Laird of Torwoodlie, Sir William Hamilton, Sir Archibald Mure, and William Menzies Commissioners, three of every State, Chosen by the Parliament, for that Effect, whereof any five to be a quorum, to meet at Edinburgh the first Lawful day after the Rising of this Session of Parliament, and thereafter at such days as the said Commission shall Appoint. Likeas one of the Commissioners of His Majesty's Theasury is Allowed to be Present, with Right to Vote, But so as his Presence shall not be necessary to make up the foresaid quorum, with Power to the said Commissioners to take in the Accounts of the said Tacks-men their Intromission, as if they had been Collectors, and to make them Account for their Collection, in manner, and under the Conditions Above set down; And to Determine all Differences betwixt the said Tacks-men and the Country, and the Officers, and Soldiers, anent the Premises: As also with Power to the said's Commissioners to do every thing necessary, for Inbringing of what, is yet resting unpayed of the said Pole by the Country, and for making the same effectual; and also to Decide, and finally Determine all Questions, that may arise concerning the Preferrence of the Officers of the Army Interested, or their being brought in equality to get their Shares of Payment out of the Subject of the said Pole, as likeways with Power to them, to allow, or not to allow Expenses for Inbringing the said Pole to the said Tacksmen, and their Subtacksmen now turned to Collectors, and subcollectors as they shall see Cause: And generally to do all other things anent the Premises, that they may bring the foresaid Tacksmen their Intromission and Collection to a clear State and Balance, and also for In-gathering what shall be found Resting of the said Pole-money, either in the hands of the said Tacksmen, or in the hands of any other Person liable therein, and cause pay in the same to His Majesty's General-Receiver of the Crown Rents, providing that the said Commissioners use the same and no other Method or Diligence for Ingathering than what is Prescribed for In-gathering of the New Pole: The Quadruples in the Act anent the Pole 1693 being hereby Expressly Discharged, and farther, with Power to apply the whole neat Product thereof by Precepts on the said General-Receiver, Conform to the Destination contained in the Act of Parliament, and in the Order, and under the Certification therein specified: And it is hereby farther Declared, that for what shall be still found Resting by the said Tacks-men, after Just Compt and Reckoning, their Cautioners for the foresaid tack-duty shall be liable therefore, notwithstanding that the foresaid Tack be hereby dissolved and turned to a Commission or Collection as said is; and it is farther hereby provided that the Commissioners abovenamed shall be, and are hereby Appointed to be, Commissioners for Calling for, Examining, and Concluding the Accounts of the three months' Cess, viz. And of the Hearth-money, Imposed in the year 1690, with Power to them to call all Collectors, Intromettors, and other Persons concerned, in so far as they have not Counted to, and got Discharges from the Lords of Thesaurie, and make them Compt, Reckon, and Pay as accords; and farther to take such Methods as they shall think fit, to uplift and bring in the Rests of the said Hearth-money yet Resting by the Country, according to the Orders and Proclamations already given and Emitted in that Matter, and to Appoint Collectors for that End, or Farm the same as they shall think fit, and Generally to do all other things necessary, for the full and final Clearing of the said three months' Cess and Heart-money; and farther the said Commissioners are hereby Impowered to put the whole of the said Pole-money hereby Ordered to be Counted for, to a Roup, and Assign, and ajudge the same to the highest Offerer, with this provision that it shall not be Rouped for less than Thirty thousand Pound Sterling, and that the said highest Offerer have the, whole Powers hereby given to the said Commission for In-gathering thereof, and this Power is also extended to the Rouping of the Rests of the said Hearth-money as they shall see Cause. And lastly it is hereby Declared, that if any of the said's Commissioners shall happen to Depart this Life, His Majesty shall have the Naming and Appointing of one in his place out of the same state to whom the Person Deceasand belonged.   

XXXII. ACT For Encouraging the Exportation of Victual. july 17. 1695.  
HIS MAJESTY AND ESTATES OF PARLIAMENT Considering, That the Grains of all sorts, are the greatest Product and Commodity of this Nation; and Considering how necessary it is for the Promoving of Tilladge, and Improvement of Trade, to the best Advantage of the Kingdom, that an effectual Encouragement be granted for Exportation of Corns and Victual forth thereof. Therefore His Majesty, out of his Royal Bounty, with Consent of the Estates of Parliament, Statute and Ordain, that all sorts of Grains exported out of the Kingdom after Martinmas 1696, shall be free of any Deuce formerly payable for Exportation; and that for encouraging Export after the said Term, there shall be given out of the Customs to the Exporter, upon his Oath of Verity, of the number of the Bolls exported, Subscribed with his Hand, and Attested by the Collector of the next adjacent Custom-house, Eight Marks for ilk Chalder of Grain, that shall be exported by Sea or Land, when they shall not exceed the Prices following, viz. when Wheat is at or under Twelve Pound the Boll; Bear, Barley, and Malt, at or under Eight Pound per Boll; Pease, Oats, and Meal, at or under Six Pounds per Boll; all the said's Grains being of Linlithgow Measure. With this Provision always, that the said Exportation shall be by Scots Men, or in Scots Ships; and that the Master and Three Fourth Parts of the Seamen of the said ships, shall be Scots Men: As also, with this Provision, that when the Grains exceed the foresaids Rates, the Lords of His Majesty's Secret Council may Discharge the Exportation of Victual of all sorts, ay and till the Grains fall to the Prices foresaid.   

XXXIII. ACT For the Levies. july 17. 1695.  
THE ESTATES OF PARLIAMENT Considering how necessary it is, that during this present War, which so much concerns the Defence and Security of the Protestant Religion, and of His Majesty's Kingdoms, certain Rules and Orders should be laid down for Recruits and Levies, as they shall be found needful, whereby both the Kingdom may be delivered from the frequent Disorders and Oppressions of pulling away poor Men from their Wives and Children, that cannot subsist without their Handy-Labour, and the Engaging and Seizing of other unfit men, no ways proper for the Service, which hitherto hath been found a most sensible Grievance, and whereby also His Majesty's Service, for the Maintaining and Carrying on of the said War, may be more effectually Promoted: And the said Estates taking likeways into their Consideration, that all Heretors, and the superior sort of His Majesty's lieges, do really Contribute to the foresaid War, by their paying of Supplies, Pole-money and Excise, and other public Burdens; whereby it seems most reasonable, that the inferior sort, that Contribute little or nothing, specially such who are young Men, without Wives or Children, and do Earn their Living by Daily Wages, or Termly-hire for their Handy work, and who by the Laws of the Land may be compelled to serve, His Majesties other good Subjects should be made liable to contribute their Service for a certain space in the foresaid War, which is manifestly most necessary for the Defence and Security of themselves and the whole Kingdom, beside the other Advantages of Profit and Honour that thereby may accrue to them. Therefore His Majesty, with Advice and Consent of the Estates of Parliament, Statutes and Ordains, that until the next Session of this Parliament, and for the Service of the present War, either at Home or Abroad, there shall be furnished to His Majesty, the Number of One Thousand Men Yearly, when His Majesty shall Require them, to be Proportioned and Levied, conform to the Rules and Proportions contained in the Act 1663., Entitled, An Humble Tender to His Sacred Majesty of the Duty and Loyalty of His ancient Kingdom of Scotland, as to the Twenty thousand Foot therein-mentioned; which Thousand Bodies of Men, shall be Furnished and Levied, without any Charge or Burden of Money on the Country whatsomever, in this manner, Viz. That the Commissioners of Supply for the respective Bounds where the said Proportions shall fall, first design, and cause be given, the Idle, Loose and Vagabond Persons, liable by former Acts of Parliament, to be seized by Sheriffs, and who have not Wife and Children, to make up the foresaid Number; and in the next plate, shall cause all the young Feasible Men of the Bounds, not having Wife and Children, and who are not Menial or Domestic Servants to any Heretor, but Earn their Living by Daily Wages, or by Termly Hire paid them by other Masters for their Handy-Labour; to meet at certain Days and Places, and there by Lot, and throwing of the Dice, or otherways as they shall think fit, Determine which of them shall go forth to serve as Soldiers, with this Provision, that the foresaid persons being all first listed by the said Commissioners, and appointed to Meet as said is, if any of them shall be absent, any Heretor to be appointed by the said Commissioners, shall throw for him, and if the Lot shall fall on that person absent, or if he shall be otherways designed to be put forth by the said Commissioners, he shall be liable in all time thereafter as a Deserter, sicklike as if he had been present; and with this Encouragement to the whole foresaid Persons, to be put forth in manner foresaid, that they shall have Twenty pounds' Scots paid them in ready Money, by the Officer who receives them, at the sight of one of the said Commissioners; and in the next place, that their being put forth and engaged as said is, shall not oblige them longer to be and continue Soldiers, then for the space of Three Years, and the first of November after the said years, from the time of their said Engagement, at which time they shall have an authentic free Pass, unless they Subscribe a new Consent to continue longer in the Service. And the further Execution of this Act, that the foresaid Levies and Recruits may be effectually raised in the most easy manner, is Referred and Recommended to the Lords of His Majesty's Privy Council, who are hereby thereto fully Impowered, during the continuing of this War, and no longer. And after so just a Condescendance for Facilitating of Levies and Recruits, It is hereby Statute and Ordained, that no Officer, either at Home, or from Abroad, offer to take on or press any free Liege to be a Soldier, unless the Man be ta●en on by Agreement, owned by him in presence of the Judge of the Bounds; and if any Officer shall Contraveen this Order, and Press or Compel any Man, contrait to the Rule hereby established, that it be reckoned Oppression, and the Transgressor punished by the Fine of a Months Pay, and farther by Imprisonment, or Breaking and Casheiring, as the Lords of Council shall think fit. And it is farther hereby Statute and Ordained that all Officers exacting Lodging, Coal and Candle gratis, for themselves, their Wives or Children, shall loss and tyne their Commission; and that all Soldiers Exacting Lodging, Coal and Candle gratis, for their Wives and Children, shall be liable for the Parties Damage, to be paid by their Commanding Officers, at the sight and appointment of any Magistrate within Burgh, or other Judges to Landward; Certifying the Officer failieing herein, that he shall be liable in Three months' Pay, and farther punished as the Lords of Council shall appoint; which Fines are also to be applied for reparation of the Parties in the first place, and the Superplus as the Council shall think fit.   

XXXIV. ACT For Additional Imposition upon Foreign Commodities Imported. july 17. 1695.  
THE Estates of Parliament, Considering the great Concessions granted by His Majesty in this present Session of Parliament, in Favours of the natural Product of this Kingdom, by the Encouragement given for the Exporting of Corns, and the many Privileges allowed for the Improvement of Trade and Manufactories, and that it is reasonable, there should be such Additional Duties and Customs laid upon Forraign imported Commodities, in requital for His Majesty's gracious favour, Do with all humble Duty and Thankfulness, Offer to His Majesty the additional Duties upon the Foreign Commodities abovementioned, and that by and attour what they were formerly liable unto by Acts of Parliament preceding the Date hereof, as by the following Table,  Lib. sh. d. Imprimis, Upon all Wine imported from France of New-Duty 18 00 00 Which with the 30 lib. scots formerly imposed by the Privy Council upon the account of the Sumptuary Act, makes in all per Tunn 48 00 00 Item, Spanish Wine from Spain, the Imposition formerly imposed by the Council, is hereby ratified, which is per Tunn. 30 00 00 Item, On Brandy, the former Duty of Twenty pound sterling, being ordinarily reduced by the Lords of Thesaury and Farmers to Twelve pound sterling; there is added of New-Duty per Tunn, by and attour the said 12 lib. 72 00 00 Item, Upon Mum-Bear, over and above the old Duty, there is hereby added of New-Duty per Barrel 06 00 00 Item, On Tobacco in Leaf, not from the Plantations of New Duty per pound 00 02 00 Item, On Tobacco in Roll not from the Plantations, of New-Duty per pound 00 04 00 Item, On all French Wines imported from Holland, or any where else not of the Growth of the place from whence it is Exported, by and attour the above-written Duty, there is added of New-Duty per Tunn 30 00 00 Item, On all Spanish Wine from any place except Spain of New-Duty per Tunn. 48 00 00 Item, On Raisins and Currens from any place not of the Growth from whence they are Exported per hundred Weight, of New-Duty. 02 8 00 Item, On Figgs imported after the same manner per 100 Weight of New-Duty 01 8 00 Item, On Sugar in Loaf imported, of New-Duty per 100 Weight 03 00 00 Item, On Soap imported, of New-Duty per Barrel. 02 00 00 Item, On all sorts of Wrought Silks, Silk-Plushes, Stockings, of New-Duty per pound weight 01 10 00 Item, On all sorts of Silks wrought of Gold and Silver, per pound weight of New-Duty 03 00 00 Item, On all Silver and Gold Fringes, Silver and Gold Laces, Gallouns and Embroideries imported, per pound weight of New-Duty 03 00 00 Item, On all Foreign Laces and Points imported, of New-Dutty Ten per Cent value Item, On all Foreign Woollen Cloth imported, of New-Duty per Eln 00 12 00 Item, On all Foreign Sarges and Worsted-Stuffs imported, of New-Duty per Eln 00 06 00 Item, On all Foreign Flannels, Fingrums, of New-Duty per Eln 00 04 00 Item, On all Linen-cloth imported from Foreign Countries, of New-Duty per whole Piece at 36 Elns 12 00 00 Item, On the Half-Piece of Forraign imported Linen-cloth of New-Duty 06 00 00 Item, On all Silesia-Linnen, of New-Duty per Piece being 5 Elns, 01 00 00 Item, On all Thread imported, of New-Duty five per Cent value  
Which Duties and Customs above specified, Our Sovereign Lord with Advice and Consent of the Estates of Parliament, Statute and Ordain to be paid by all Merchants and other Importers of the said Foreign Commodities, in the same manner as the other Duties to which they were formerly liable; And Ordains all Farmers, Collectors, Surveyors and others, to In-gather the same, and that after the same manner they do His Majesties other Duties upon Forraign imported Commodities, and that from and after the Term of Martinmass 1696 years: And hereby Discharges the said Collectors, Farmers, Surveyors, and other Inbringers of His Majesty's Customs to Transact, Abate or allow of any Defalcation of the Additional Duties above-specified, under the pain of Deprivation of their Offices, and losing the Benefit of their Tacks.   

XXXV. ACT Anent burying in Scots Linen. july 17. 1695.  
OUR SOVEREIGN LORD, with Advice and Consent of the Estates of Parliament, for the better improvement of the Manufactory of Linen within the Kingdom, and restraining the Import of all Foreign Linen, Doth hereby Ratify and Approve the sixteenth Act of the Parliament 1686 Entitled, Act for burying in Scots Linen, in the hail Heads and Articles, thereof; Ordaining the same to be put to strict Execution in all Points, with this Addition, that none presume to cause bury any in Scots Linen, in value above Twenty Shilling Scots per el, under the same pains set down in the foresaid Act against burying in Foreign Linen: And for the better discovery of the said Transgression, and Execution of the foresaid Act, and the Addition hereby made to it, His Majesty, with Consent foresaid, Statutes and Ordains, That the nearest Elder, or Deacon of the Parish, with one Neighbour or two, be called by the Persons concerned, and present to the putting of the dead Corpse in the Coffin, that they may see the same done, and that the foresaid Act, with this present Addition is observed, and subscribe the Certificate, mentioned in the foresaid Act, and that whatever Relation, or other Friends of the Defunct present, and having the Charge of the burying, shall either fail in observing the foresaid Act, with this Addition, or to call the Elder or Deacon, with such Neighbours as may be Witnesses, or to send and give in the Certificate, appointed by the said Act, he or they shall be holden as Transgressors, and liable in the Pains thereof; which Pains are also hereby entirely applied, and given to the Poor of the Parish: and any Elder or Deacon of the Parish is impowered to pursue for the same, for their use, nor shall any Pursuit for the said Fines be Advocate from the Inferior Judge Competent, nor any Sist of Process given, nor shall any Decreet therefore be Suspended, but upon Discharge or Consignation allanerly. And it is further hereby Statute, That it shall not be leisom to any Person, to make or sew any sort of dead Linen, contrair to the foresaid Act, and this present Addition, under the pain of Forty Marks toties quoties, for the use of the Poor, as said is.   

XXXVI. ACT Anent the Skinners. july 17. 1695.  
OUR SOVEREIGN LORD the KING'S MAJESTY, with Advice and Consent of the Estates of Parliament, in pursuance of the many Good Acts made for the setting up, and maintaining of Manufactories, and particularly, of the Act 1661., Entitled Act for Erecting of Manufactories; and for the greater Encouragement of the Skinners of this Kingdom, towards the improvement of the Native Commodities of Wild-Skins and Lamb Skins, and the Art of that Craft, Do hereby Discharge all and every Person whatsomever, Native or Stranger, to Export out of this Kingdom any Wild-Skins, such as Wild-hyds, Dae and Rae, Roe and Roebuck, and Kid, with the Hair upon them, until they be made in Work, or dressed Leather, to the good of the Kingdom. As also, His Majesty, with Advice and Consent foresaid, Discharges all and every Person, Native or Stranger, to import any Foreign made Gloves, of whatsomever sort, Certifying such as shall do in the contrair, either by Export or Import, as said is, that they shall not only forefault the foresaids' Goods, exported or imported, or the just value thereof, the one half to His Majesty, and the other half to the Informer, who shall prosecute the same before His Majesty's Exchequer, but also be further liable to such Pecunial Fines, or other Punishments, as the Lords of His Majesty's Exchequer shall think fit to inflict: Declaring that this Act shall commence and take effect after the first day of August next to come; and impowering the said's Skinners, and any Merchands, or any others concerned with concourse of a Magistrate, to search for, and make seizure of the foresaid Goods hereby prohibited to be exported or imported. For the more effectual Execution of the Premises, and for the better Improvement of the said Skins, Our Sovereign Lord, hereby Ratifies and Approves the Act made be the Convention of Burrows, anent the sufficiency of Skins, and Ordains the Magistrates of all burgh's to put the said Act to due execution in all Points. And Lastly, it is hereby Declaired, that the foresaid Act of Parliament, for Erecting of Manufactories, and any allowance that may be therein given, for the Manufactoring of the said's Skins, shall be but prejudice to the Rights and Privileges of the Craft and Incorporation of Skinners, in all, or any of the burgh's of this Kingdom.   

XXXVII. ACT Anent the justiciary of the Highlands. july 17. 1695.  
OUR SOVEREIGN LORD Considering, That there was an Act of Parliament, made in the year 1693, for the Justiciary in the Highlands; Declaring, That His Majesty, by virtue of His Prerogative Royal, might grant Commissions of Justiciary for the said Bounds, with all Power, necessary and usual: Excepting thence, from the Bounds lying within the heritable Right of Justiciary General, pertaining to the Earl of Argile, or any other Person, providing nevertheless that the foresaids Persons, whose bounds were excepted, should for the space of two years, be obliged to grant Commissions to the same persons, whom it should please his Majesty to Commissionat for their said's Bounds and Lands, which two years being now near expired, and it being necessary that the foresaids Commissions, after their expiration should be renewed: Therefore, His Majesty, with Advice and Consent foresaid, Does hereby prorogate the foresaid Provision, to the effect, and in the Terms aftermentioned, viz. That when the Commissions are granted by His Majesty, for the necessary repressing of the Depredations and Robberies, so frequently committed in the Highlands, for the said's Bounds not above excepted, the foresaids Persons having Right to the said heritable Justiciaries General, shall grant ample Commissions for their respective Bounds at the same time, and to the same Persons (at least to so many of them as are willing to act, by virtue of the saids Justiciaries Commissions) to the effect the said's Commissioners, acting unanimously, within any part of the whole foresaid Bounds, the said's Crimes may be the more effectually punished and restrained, and that these Commissions may, and shall be granted, as said is, for the space of three years; which is to begin after the present Commission granted by His Majesty is expired: Which Commissions shall continue all Powers necessary and usual in Commissions of Justiciary, without prejudice always to the whole foresaid Persons, and Lords of Regality, and all others of their several respective Rights and Jurisdictions, and also reserving the Right of Prevention, and the Right of Casualties and Escheats, in manner provided in the said Act.   

XXXVIII. ACT Concerning the Dividing of Commonties. july 17. 1695.  
OUR SOVEREIGN LORD, With Advice and Consent of the ESTATES OF PARLIAMENT, for preventing the Discords that arise about Commonties, and for the more easy and expedit Deciding thereof, in time coming, STATUTES and ORDAINS, That all Commonties, Excepting the Commonties belonging to the KING and Royal-Burrows; that is, all that belongs to His MAJESTY in Property, or Royal-Burrows in Burgages, may be divided at the Instance of any having Interest, by Summons raised against all Persons concerned, before the Lords of Session's who are hereby Impowered to discuss the Relevancy, and to determine upon the Rights and Interests of all Parties concerned, and to value and divide the same, according to the value of the Rights and Interests of the several Parties concerned, and to grant Commissions to Sheriffs, Stewarts, Bailies of Regality and their Deputs, Justices of Peace, or others, for perambulating and taking all other necessary Probation, which Commissions shall be reported to the said's Lords, and the said Processes ultimately Determined by them. And where Mosses shall happen to be in the said Commonties, with Power to the said Lords, to divide the said Mosses, amongst the several Parties having Interest therein, in manner foresaid; or in case it be instructed to the said Lords, that the said Mosses cannot be conveniently divided, His MAJESTY, with Consent foresaid, Statutes and Declares, that the said Mosses shall remain Common, with free Ish and Entry thereto, whether divided or not, Declaring also, that the Interest of the Heretors, having Right in the said Commonties, shall be estimat according to the Valuation of their respective Lands or Properties, and which Divisions are appointed to be made, of that part of the Commonty that is next adjacent to each Heretors' Property.   

XXXIX. ACT Discharging the Venting of Rum. july 17. 1695.  
OUR SOVEREIGN LORD Considering, that the Brandy commonly called Rum made of Molossus, does hinder the Consumpt of strong Waters made of Malt, which is the Native Product of this Kingdom: As also, that the said Rum is rather a Drug than Liquor, and highly prejudicial to the Health of all who drink it. Therefore, His Majesty with Advice and Consent of the Estates of Parliament, Prohibits and Discharges the making of Rum, except allenarly for Export: Certifying the Contraveeners, that they shall lose and amit their Privileges granted to them as Manufactories, and be otherways punished as the Lords of Privy Council think fit.   

XL. ACT Anent Letters Passing the Signet. july 17. 1695.  
OUR SOVEREIGN LORD with Advice and Consent of the Estates of Parliament, for Reviving and Preserving the good Order that ought to be kept in the Passing of Writs under the Signet, Statutes and Ordains, that all Writs Passing under the Signet, called the Signet of the Lords of Session, be Subscribed by a Writer as Clerk to the said Signet: Excepting allanerly herefrom, Letters of Diligence in Processes before the Session, and Letters of Citation before the Parliament, which are to be Subscribed by the Clerks of Session. And His Majesty with Advice foresaid, Prohibits the Keeper of the said Signet, to affix the same to any Letters not Subscribed as above, any Custom or Practice in the contrary notwithstanding, and that as he will be answerable upon his Peril.   

XLI. ACT Anent Executry and Movables. july 17. 1695.  
OUR SOVEREIGN LORD Considering, that the Law is Defective, as to the Affecting with Legal Diligence, the Movable Estate which pertained to a Defunct, either for his own, or his nearest of Kins Debt, in such manner as a Defuncts heritage, may be affected by Charging to Enter Heir in the known manner: Doth therefore, with Advice and Consent of the Estates of Parliament, Statute and Ordain, that in the case of a Movable Estate left by a Defunct, and falling to his nearest of Kin, who lies out, and doth not confirm, the Creditors of the nearest of Kin, may either require the Procurator-Fiscal to Confirm and Assign to them, under the Peril and Pain of his being liable for the Debt, if he refuse; or they may obtain themselves Discerned Executors Dative to the Defunct, as if they were Creditors to him: With this Provision always, that the Creditors of the Defunct, doing Diligence to affect the said Movable Estate within year and day of their Debtors Decease, shall always be preferred to the Diligence of the said nearest of Kin. And it is further Declared, that in the case of any Depending Cause or Claim against a Defunct the time of his Decease, it shall be Leisum to the Pursuer of the said Cause or Claim, to Charge the Defuncts nearest of Kin to Confirm Executor to him within twenty days after the Charge given, which Charge so execute, shall be a Passive Title against the Person Charged, as if he were a Vicious Intromettor, unless he Renunce, and then the Charger may proceed to have his Debt constitute, and the Haereditas jacens of Movables Declared liable by a Decreet Cognitionis Causa, upon the obtaining whereof, he may be Discerned Executor Dative to the Defunct, and so affect his Movables in the common Form.   

XLII. ACT Allowing the Administrators of the Common Good of Burrows, to Adventure their Stocks, or any part thereof, in the Company of Foreign Trade. july 17. 1695.  
OUR SOVEREIGN LORD with Advice and Consent of the Estates of Parliament, for the Encouragement of the Undertakers for Foreign Trade, conform to an Act made in their Favours in this present Session of Parliament, Entitled, Act for a Company Tradeing to Africa and the Indies, doth hereby Statute and Declare, that it shall be Leisum to the Magistrates and others, the Administrators of the Common Good of burgh's; As also, to the Deacon, Masters, and other Administrators whatsoever of any Incorporation, or Body, or Company incorporate, or Collegiate within this Kingdom, to Adventure and put in Money belonging to their respective Administrations, for a Share and Part to be Purchased to the said's burgh's and Incorporations in the said Company mentioned in the said Act, bearing the name of the Company of Scotland Tradeing to Africa and the Indies, in the Manner and in the Terms provided within the said Act, and that their putting in the Money of the said burgh's. Incorporations, under their Care and Charge, and Adventuring the same in the said Company, shall be repute and held for a Deed of lawful Administration, and though the Success and Event thereof, should happen not to be Prosperous, yet it shall never be construed to be a Deed of Lesion against the said Administrators, but their Acting in this Behalf, is hereby Declared to be Lawful and Warrantable, for the Security of the foresaid Persons in all Events.   

XLIII. ACT Anent the Poor. july 17. 1695.  
OUR SOVEREIGN LORD with Advice and Consent of the Estates of Parliament, doth hereby Ratify, Approve, and Revive all Acts of Parliament, and Acts and Proclamations of Council, for Maintaining of the Poor, and Repressing of Beggars, and Ordains them to be put to Vigorous Execution in all Points. And further, Empowers the Lords of His Majesty's Privy Council, to take the most effectual Course to make the said Acts and Proclamation effectual, conform to the true Design thereof.   

XLIV. ACT Salvo Jure Cujuslibet. july 17. 1695.  
OUR SOVEREIGN LORD Considering, That there are several Acts and others Past and Made in this Session of Parliament, in favours of particular Persons, without Calling or Hearing of such as may be thereby Concerned and Prejudged: Therefore His Majesty, with Advice and Consent of the Estates of Parliament, Statutes and Ordains, That all such particular Acts and others past in manner foresaid, shall not Prejudge say Third Party, of their Lawful Rights, nor of their Actions and Defences competent thereupon, before the making of the said particular Acts; And the Lords of Session, and all other Judges within this Kingdom, shall be Obliged to Judge betwixt Parties, according to their several Rights standing in their Persons, before the Making of the said Acts; all which are hereby Expounded and Declared to have been Made Salvo jure Cujuslibet.   

XLV. ACT Of Adjournment. july 17. 1695.  
THE KING'S MAJESTY Declares this Parliament currant, and Adjourns the same to the Seventh Day of November, next to come; Ordaining all Members of Parliament, Noblemen, Commissioners from Shires and burgh's, and all others having Interest, to Attend at Edinburgh that Day, at Ten a Clock; and that there be no new Elections in Shires or burgh's, except upon the Death of any of the present Commissioners.  
Collected and Extracted from the Registers and Records of Parliament, by TARBAT, Cls. Registri.    

A TABLE Of the Printed Acts.  

Page  1 ACT for a Solemn Fast. 
1  2 Act Regulating Citations before the Parliament. 
3  3 Act Adjourning the Summer-Session till the first of july 1695. 
4  4 Act anent the Justice-Court. 
5  5 Act anent Principals and Cautioners. 
6  6 Act Regulating the Sale and Payment of Bankrupts Estates. 
7  7 Act for Six Months Supply upon the Land-Rent. 
8  8 Act for a Company Tradeing to Africa and the Indies. 
17  9 Act Adjourning the Session till the first day of November 1695. 
23  10 Act for Pole-money. 
Ibid.  11 Act against Blasphemy. 
27  12 Act against Irregular Baptisms and Marriages. 
28  13 Act against Profaneness. 
29  14 Act for Restraining the Profanation of the Lords Days, by keeping Weekly Mercats on Monday and Saturnday. 
30  15 Act for Encouragement of Preachers at Vacant Church's be-north Forth 
31  16 Act anent the Ease of Annualrents Due by Persons Restored, and anent the Creditors Diligence to be Used against them. 
32  17 Act anent the Mint. 
34  18 Act anent the Quorum of the Commission of the Teinds. 
35  19 Act anent the Duty on Scots Muslin. 
36  20 Act anent the Post-Office. 
Ibid.  21 Explanatory Act anent the Excise of Brandy. 
39  22 Act against Intruding into Churches without a Legal Call and Admission thereto. 
40  23 Act anent Lands lying Run-rig. 
41  24 Act for Obviating the Frauds of appearand Heirs. 
42  25 Act anent the Repetition of Fines. 
44  26 Act Discharging Popish Persons to prejudge their Protestant Heirs in Succession. 
45  27 Act concerning the Church. 
46  28 Act for the Additional and Annexed Excises. 
48  29 Act for Continuing the Additional Excise till March 1667, with Three Months farther Cess. 
51  30 Act for Preservation of Meadows, Lands and Pasturages lying adjacent to Sand-Hills. 
52  31 Act for turning the Tack of the Pole 1693, into a Collection. 
Ibid.  32 Act for Encouraging the Exportation of Victual. 
55  33 Act for the Levies. 
56  34 Act for Additional Imposition upon Foreign Commodities Imported. 
58  35 Act anent burying in Scots-Linen. 
60  36 Act anent the Skinners. 
61  37 Act anent the Justiciary of the Highlands. 
62  38 Act concerning the dividing of Commonties. 
63  39 Act Discharging the Venting of Rumm. 
64  40 Act anent Letters Passing the Signet. 
Ibid.  41 Act anent Executry and Movables. 
65  42 Act allowing the Administrators of the Common Good of Burrows, to Adventure their Stock, or any part thereof, in the Company of Foreign Trade. 
66  43 Act for Reviving the Acts of Council made anent the Poor. 
Ibid.  44 Act Salvo jure Cujuslibet. 
67  45 Act of Adjournment. 
Ibid.    

A TABLE Of the Acts and Ratifications passed in the Fifth Session of His Majesty's first Parliament, which are not here Printed.  

HIs Majesty's Commission to john Marquis of Tweeddule produced.  
The Earl of Annandale named Precedent to the Parliament.  
Protestations several Noblemen, for their Precedencies in the Rolls of Parliament.  
Several Excuses offered for several absent Members, and received.  
His Majesty's Letter, appointing the Lord Yester to sit and Vote in Parliament, in place of the Lord High Thesaurer.  
His Majesty's Letter to the Parliament.  
Address of Condoleance for the Death of the Queen.  
Act anent the Election of the Burgh of Anstruther-Easter.  
An Address by the Parliament to His Majesty's High Commissioner, for transmitting their humble Thanks to His Majesty, for ordering an Enquiry in the matter of Glenco.  
Act anent the Lords of Session who are upon Committees.  
Act in Favours of Evan Mcgrigor.  
Decreet Sir William Scot of Hardin, against George Mckenzie of Rosebaugh.  
Warrant the Shire of Clackmannan for a new Election.  
Warrant for pursuing the Earl of Broadalbane.  
Act for a General Contribution for relief of some Captives.  
Recommendation in Favours of Mrs. Martin.  
Decreet Sir james Ramsey and his Lady, against the Earl and Countess of Seaforth.  
Act in Favours of Sir Thomas Livingston.  
Decreet against Mr. Thomas Craven, Mr. Andrew Burnet, and Mr. Alexander Thomson.  
Decreet the Earls of Roxburgh, Haddington, Galloway, and others, against the Earl of Lothian.  
Decreet in favours of Mr. Thomas Skeen.  
Protestation the Earl of Lothian, against the Earl of Roxburgh and others.  
Act in favours of the King's College of Old Aberdeen.  
Decreet the Coheirs of Carnock, against Nicolson of Tilly-Cultry.  
Act in favours of the Children of the first marriage of the Earl of Melfort.  
Decreet of Forefaulture, against the Earls of Midleton● Melfort, and Sir Adam Blair.  
Act in favours of Colonel Hill.  
Reference the City of Edinburgh and Earl of Melvill.  
Recommendation in favours of Sir David Carnegy of Pittarow.  
Recommendation in favours of the Laird of Lundy.  
Act in favours of Gilbert Meuzies of Pitfoddels.  
Act in favours of Mr. Thomas Craven, Mr. Andrew Burnet, and Mr. Alexander Thomson.  
Act and remit the Town of Edinburgh and AEneas Mcleod.  
Act in favours of james Lyel.  
Act in favours of Sir Alexander Hope of Kerse and others:  
Remit Process of Forefaulture against the Rebels in France, depending before the Parliament to the Justice Court.  
Order for apprehending Lieutenant Colonel Hamilton.  
Order anent Mr. Alexander Barclay.  
Act anent Mr. Bernard Mckenzie.  
Order anent Mr. Gilbert Ramsey.  
Act in favours of the Burgh of Cullen.  
Order for re printing of the Act for the Supply.  
Address to His Majesty anent the Slaughter of the Glencoe-men.  
Protection in favours of the Glencoe-men.  
Recommendation in favours of the Laird of Grant.  
Act for a Manufactory of White-paper.  
Order anent the Clerks and Collectors of Supply.  
Act and remit the Laird of Rothemay and Abernethy of Mayens.  
Act in favours of the Linen-manufactory.  
Act in favours of the Lord Frazer.  
Decreet Sir john Dempster of Pitliver, against the Earl and Countess of Seaforth.  
Remit in favours of the Lady Dowager of Beilhaven.  
Remit Clara and Patricia Ruthvens, and Sir Alexander Hope of Kers.  
Recommendation in favours of Alexander Duff of Braco.  
Recommendation in favours of the Synod of Argile.  
Recommendation in favours of the late Bishop of Argile.  
Order and Warrant anent john Dick and the Town of Stirling.  
Recommendation in favours of Heriots' Hospital.  
Act in favours of the Laird of Hoptoun.  
Act and Commission for reviseing the Laws.  
Act in favours of His Majesty's Advocate.  
Act in favours of the Town of Air.  
Act in favours of the City of Aberdeen.  
Act in favours of the Town of Irwin.  
Act in favours of the Laird of Colloden.  
Act in favours of the Earl Marischals College of Aberdeen.  
Recommendation in favours of Sir Thomas Stewart of Kirkfield.  
Recommendation in favours of Sir Colin Campbel of Abberuchil.  
Recommendation in favours of Duncan Forbes of Culloden.  
Recommendation in favours of the Children of the first and second Marriage of Sir Andrew Dick.  
Recommendation in favours of Elizabeth Duncan and her Son.  
Recommendation in favours of Mrs. Gillespy.  
Recommendation in favours of Captain Walter Lockhart of Kirktoun.  
Remit Mr. james Da●s and james Hay of Carribber to the Session.  
Act and recommendation in favours of james Bain.  
Remit in favours of james Crawfurd of Montquhanny, Sir Thomas Kennedy, and others.  
Recommendation in favours of the Laird of Kilmaronock.  
Remit in favours of the Laird of Glenkindy and Sir Adam Blair.  
Remit Mr. Alexander Heggins and john Callender.  
Act in favours of George Bailiff of jerviswood.  
Recommendation in favours of William Boig.  
Recommendation in favours of the Laird of Culbin.  
Order the City of Edinburgh and the Laird of Comistoun.  
Act in favours of the Laird of Langtoun.  
Act in favours of William Beatty.  
Recommendation in favours of the Burgh of Fortross.  
Recommendation in favours of john Spotswood.  
Decreet in favours of Mrs. Lilias Stewart.  
Act in favours of james Curry late Provost of Edinburgh.  
Act in favours of Comb-makers.  
Act in favours of Alexander Fearn.  
Act in favours of William Scot and john Heislop.  
Act anent the Earl of Broadalbane.  
Recommendation in favours of the Macers and Keepers of the Parliament House.  
Act in favours of Robert Douglass.  
Act in favours of john Adeir and Captain Slezer.  
Act in favours of Whitefield Heyter, and others.  
Act in favours of the Heirs of Taylzie of Mauldsly.  
Act for erecting a public Bank.  
Act in favours of the Burgh of Dysart.  
Act in favours of the Burgh of Culross.  
Acts for several Fairs and Weekly Mercats.  
Act and Ratification in favours of Sir john Hall of Dunglass.  
Ratification in favours of the Chirurgeons and Chryurgion-Apothecaries of Edinburgh.  
Protestation the Town of Edinburgh against the same.  
Ratification in favours of the Nine Trades of Dundee.  
Protestation the Walkers and Litsters of Dundee against the same.  
Ratification in favours of the Burgh of Breichen.  
Ratification in favours of the Candlemakers of Edinburgh.  
Ratification in favours of the Walkers and Litsters of Dundee.  
Protestation the Town and Trades of Dundee against the same.  
Ratification in favours of Alexander spittle of Leuchit.  
Ratification in favours of the Piriwig-makers of Edinburgh.  
Ratification in favours of james Lindsay of Dovehill.  
Ratification in favours of the Cowpers of Glasgow.  
Protestation the Town of Glasgow against the same.  
Ratification in favours of William Railly of Brunsfield.  
Ratification in favours of the Laird of Rowallan.  
Ratification in favours of Sir William Stewart of Castle-milk.  
Ratification in favours of the Viscount of Tarbat.  
Protestation the City of Edinburgh against the same.  
Ratification in favours of Sir james Falconer of Ph●sdo.  
Ratification in favours of William Cunningham Brother to Gilbertfield, of the Lands of Kilbryde.  
Ratification in favours of James Turner.   
FINIS.   

These are Allowing the Two Acts, passed in Parliament on the Twenty second Day of july, One thousand six hundred and ninety Years, in Favours of Sir Patrick Home of Polwarth, now Lord Polwarth, to be Printed.  
TARBAT, Cls. Registri.   

ACT Rescinding the Forefaulture of Sir Patrick Home of Polwarth. Edinburgh, july 22. 1690.  
OUR SOVEREIGN LORD and LADY the KING and QUEENS Majesties, and the ESTATES of PARLIAMENT Considering, That the Meeting of the ESTATES of this Kingdom, In the Claim of Right, Dated the Eleventh of April, One thousand six hundred eighty and nine years, Have declared, that the causing Pursue and Forefault Persons upon weak or frivolous Pretences, or upon lame and defective Probation, is contrary to Law; And also, that all Forefaultures are to be considered, and the Parties laesed to be redressed: And having considered the Process of Forefaulture led and deduced before the Three Estates of Parliament, upon the twenty second of May, One thousand six hundred eighty and five years, against Sir Patrick Home of Polwarth in absence, with the Decreet and Doom of Forefaulture following thereupon, and that the Pretences insisted upon in the said Process of Forefaulture, against the said Sir Patrick Home, Viz. His meeting with the deceased Mr. Robert Martin, and other Persons at the Places therein libeled, and discoursing with them of the extreme Hazard that threatened the Protestant Religion, the Laws and Liberties of this Kingdom; in case james then Duke of York would succeed to the Crown, and of the Ways and Methods then talked of in England, and such as might be taken in Scotland for preventing the same, and for his exclusion from Succession to the Crown; are weak and frivolous Pretences, to infer the Crime of Treason▪ As Likewise, that the Probation wa● lame & defective, seeing it did confe●● of the Depositions, and Testimonies of Persons, who a little before had been accused of the same pretended Crimes, and who, after submission made, and when their Lives and Fortunes were at the late King's Mercy, had predetermined themselves by their Confessions and Depositions then emitted; For albeit they were secured, as to their Lives, when they deponed before the Parliament, yet they having emitted their Declarations, when they were under the fear and apprehension of being Forefaulted themselves, and when they renewed their Confessions before the Parliament, they could make no alteration, unless they had declared themselves to be perjured, they having only adhered to the very same Testimonies formerly emitted, by them except the Earl of Terrace, who depons of new, and not upon his Declaration formerly emitted, but proves nothing against the said Sir Patrick Home. And also considering, that there is nothing proven by the Witnesses, in habit, as they were against the said Sir Patrick, of his being upon, or privy to any Design or Contrivance against the Person and Life of King Charles the Second, and that the Testimonies do not concur and agree in any particular Fact, which by the Common Law or Custom could infer the Crime of Treason against the said Sir Patrick. And likeways having considered the Act of Adjournal of the Justice Court, of the date the day of One thousand six hundred eighty years, upon which the said Sir Patrick Home was denounced Fugitive, for not compearance; and that there was no relaxation raised, until a few Days before the diet of Compearance in Parliament; though neither he had the offer of an Indemnity, nor was for the time in open Rebellion, so that he had not tutus accessus, and that the said's pretended Crimes, libeled in the said Act of Adjournal, are the same contained in the foresaid Sentence of Forefaulture before the Parliament. Therefore, Their Majesties, with Advice and Consent of the Estates of Parliament, Do hereby, by way of Justice, Rescind, Retreit, Cass, and Annul, the foresaid Decreet, and Sentence of Forefaulture, pronounced against the said Sir Patrick Home, and all Gifts of Forefaulture, if any be granted, by the late King james, of the said Sir Patrick his Estate, or any part thereof, to any Person or Persons whatsomever: And the foresaid Act of Adjournal, with all that has followed, or may follow thereupon: And declares the said Decreet and Sentence of Forefaulture, and Act of Adjournal to have been from the beginning, to be now, and in all time coming void, null, and of no avail, force, strength nor effect: and restores the said Sir Patrick Home, his Children and Posterity against the same, in integrum; and Rehabilitating them to their Blood-right, and Benefit of Succession, Name and Fame, sick-like, and as freely in all respects, as if the said Decreet and Doom of Forfeiture had never been given, nor pronounced. Rescinding hereby the Act of Annexation of the said Sir Patrick, his Estate to the Crown; and dissolving the same therefrae. As also, Their Majesties, with Consent foresaid, Decerns and Ordains, all the Intrometters with the Lands, Rents, Goods and Gear, or other Estate, movable or immovable, pertaining and belonging to the said Sir Patrick Home, to be liable for, and refound the famine to him, his Heirs, Executors or Assigneys, and that Letters may be direct for that effect, in Form as effeirs? And their Majesties, and Estates of Parliament, Statute and Ordain, that this present Act shall have full force, strength, and effect of a public Law, in favours of the said Sir Patrick Home, and others aforesaid. And it is hereby Declared, That this present Act is, and shall be understood to be excepted from the Act Salvo jure to be passed in this present Parliament.   

ACT Dissolving Sir Patrick Home of Polwarth his Estate from the Crown. july 22. 1690.  
FOrasmuch as, by an Act and Sentence of this present Parliament, the Doom and Sentence of Forefaulture, pronounced in anno One thousand six hundred eighty and five, against Sir Patrick Home of Polwarth, is ex justitia, Reduced and Rescinded: and that by an Act of the Sixteenth of june, One thousand six hundred eighty and five, the Estate and Lands belonging to the said Sir Patrick Home were formerly annexed to the Crown; Which Act of annexation is now also by the said Act Reductive in his Favours, Rescinded, and declared void: Therefore, and for the said Sir Patrick his more full and effectual Restitution, and without any derogation to the said Act Reductive, in his Favours, but accumulating Rights to Rights, Our Sovereign Lord and Lady, the King and Queen's Majesties, with Advice and Consent of the Estates of Parliament, have dissolved, and hereby dissolves from the Crown and Patrimony thereof, the Lands and Barony of Polwarth, the Lands and Barony of Greinlaw and Reid-Path, with the Right of Patronages, and whole Pertinents thereof; And Lands of with all other Lands, Rights and Estate, pertaining to the said Sir Patrick Home, and that in Favours of the said Sir Patrick himself, that he may bruick and enjoy the same as if he himself had never been forefaulted, or as if the said's Lands and Estate had never been annexed. Declaring that this present Act shall have the strength and effect of a General Law and Act of Parliament; and shall be als Valid and Effectual to the said Sir Patrick, his Heirs and Successors, for their Security of the whole Premises, as any other Act of Dissolution made and enacted at any time bygone, in Favours of whatsomever Person: and conform to all the Conditions required by Law, in Acts of that Nature. And farther, that this present Act of Dissolution, is, and shall be understood to be excepted from the Act Salvo jure, to be passed in this present Parliament.  Extracted forth of the Records of Parliament, by George Viscount of Tarbat, Lord McLeod, and Castlehaven, etc. Clerk to the Parliament, and to his Majesty's Councils, Registers and Rolls.