I. ACT For a Solemn Fast. May 16. 1695.

THE ESTATES OF PARLIAMENT, taking to their Consideration, the great Important War, where­in His MAJESTY continueth to be necessarly Engaged, for Defence of the True Reformed Religion, the Safety of this, and His other Kingdoms, and the Recovery and Esta­blishment of the Rights, Liberties and Peace of the rest of Christendom, so much at this time Invaded and Disturbed, with the con­tinual Hazards, to which His Majesties Sacred Person is thereby exposed; [Page 2] As likewise the Dangers which do thence threaten this Kingdom, and all that can be dear to his Majesties good Subjects therein, either as Christi­ans, or Men, both by Invasion from abroad, and the froward Disaffecti­on, and restless Machinations of evil and unnatural Countrey-men at home; And how much it is the Duty and Interest of all good Men, for these Causes, and on this Occasion, to implore the Mercy, Favour and Blessing of Almighty GOD, for Preservation of His Majesties Royal Person, and Directing, Assisting and Prospering Him in all His Counsels and Under­takings: And more especially, that GOD would countenance and assist Him in the present War, give Him Success to His Arms by Sea and Land, and defeat all the Designs, Counsels and Practices of His secret and open Enemies, both at home and abroad, for the Preservation of the True Protestant Religion, securing the Safety of these Kingdoms, and the happy restoring the Peace of Europe. And the Synod of Lothian and Tweeddale, now met at Edinburgh, having made Application to my Lord Commissioner for this end: Therefore His Majesty, with Advice and Consent of the said Estates of Parliament, doth hereby Command and Ap­point, that the second Thursday of Iune next, being the thirteenth day of the said Moneth, be set apart as a day of Solemn Fasting and Humilia­tion, for making Prayers and Supplications to GOD, for the Ends 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 publickly in their Congregations a Sunday at least before the said second Thursday of Iune next, appointed for keeping the said Fast; Certifying such of the Leidges who shal not give due Obedience, or shal Contemn or Neglect the Keeping and Observing the said Day and Duties, that they shal be proceeded against by Fyning, not exceeding One hundred Pounds Scots Money, And Warrands and Commands the Sheriffs, Stewarts of Stewartries, Lords and Baillies of Regalities, and their Deputs, Justices of Peace, Magistrats of Burghs within their se­veral Jurisdictions, to proceed against the Persons guilty, and exact the Fines accordingly, to be applyed, the one half to the Judge, and the other half to the Poor of the Paroch; And certifying such Ministers as shal fail in their Duty, in not Reading this Proclamation, and observing the Duties therein prescribed, they shal be processed before the Lords of His Majesties Privy Council. And hereby requires all Sheriffs, Stew­arts, Lords and Baillies of Regalities, and their Deputs Justices of Peace, Magistrats of Burghs, and their Clerks, to make Report to the Lords of His Majesties Privy Council, of these Ministers who shal fail of their Du­ty herein. And Ordains these Presents to be Printed, and Published at the Mercat Cross of Edinburgh, and hail remanent Mercat Orosses of the Head Burghs of the several Shires, and Stewartries within this King­dom, that none may pretend Ignorance: And that Copies be dispatch­ed in the usual manner, to the Sheriffs and Stewarts, Baillies of Regali­ties, or their Deputs, and Magistrats of Burghs; as likewise to all Mini­sters, that they may seriously exhort all Persons to a sincere and devout Observance of the Premisses.

II. ACT Regulating Citations before the Parliament. May 28, 1695.

HIS MAJESTY, with the Advice and Consent of the Estates of Parliament, finding it necessary that the order of summonding privat Parties to appear before them be cleared and regulat, Do therefore STATUTE and ORDAIN, that the manner of summonding privat Parties, in Actions raised either before, or during the sitting of the Parliament, shal be for hereafter, and from the Day and Date here­of in this manner, viz. That in prosecution of Protests for remeid of Law, the Party at whose instance Summonds is to be granted, may give in his Bill, containing the matter of his Cause or Complaint, Signed by himself, or an Advocat for him, which being subscribed by one of the six Clerks of Parliament, and presented before the sitting of the Parliament, to any of the Officers of State, or the time of the sitting of the Parliament, to the Lord Chancellor, or President of the Parliament for the time, or any of the said Officers of State, the same may be by them past in Course, and that as to all other Causes that may be brought before the Parliament, Summonds and Warrands for Citation shal for hereafter only be granted by deliverance either of Parliament in time of Parliament, or of the Lords of Session upon a summar Citation, to abide neither Continuation or Roll, in praesentia, in the Recesses and Intervalls of Parliament, upon a Bill con­taining Subscribed and Presented as above, and no otherwise: which Warrands for Citation being granted, Summonds in his Majesties Name shal be thereon directed, to Macers, if the Party cited be within the Town of Edinburgh, for summonding the said Party, if within the said Town of Edinburgh, on fourty eight hours, and if elsewhere within the Kingdom, (excepting Orkney and Zetland) upon fifteen days warning, or if in Ork­ney or Zetland, upon fourty days personally, or at his dwelling House; or if without the Kingdom, upon sixty days warning, at the Mercat Cross of Edinburgh and Peer and Shoar of Leith, to compear before His Maje­sty, and the said Estates of Parliament, where and when the Parliament shal be appointed to meet, or shal be met for the time, with continuation of days, and with certification. And also, for summonding of Witnesses, as is usual before the Lords of Council and Session, which Summonds to be expede by deliverance, as said is, shal pass under the Signet of the Sessi­on; and the Party at whose instance the same is raised, shal pay to the Clerk of Parliament or Session aforesaid, for writing and subscribing of [Page 4] 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 shal happen to interveen, betwixt the giving of Ci­tations, in manner foresaid, and the day of Compearance, the foresaid Sum­monds shal nevertheless still stand in force, for obliging the Parties and Witnesses summoned to compear at the day to which the Parliament shal be adjourned, and when ever the same shal first meet. And furder, it is hereby declared, that at the said day of Compearance before the Parlia­ment, being so met, or any other lawful day thereafter, it shal be leasome to the Clerks of Parliament, at the desire of the Party pursuer, to call the foresaid Summonds, 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 Summonds with the Executions, and the other Peices 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 shal 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 Summonds of Treason, and for other pub­lick 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, shal 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 SOVERAIGN LORD Considering that the sitting of the Parliament, begun the ninth of May instant, may continue for the Month of Iune next, whereby the Leidges 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 Iuly 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 [Page 5] 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 Iune and the first of Iuly, 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 Leidges may be thereby certified thereof.

IV. ACT Anent the Iustice Court. Iune 7, 1695.

OUR SOVERAIGN 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 Majesties Advocat or other Advocats or Procurators for the Pur­suer, with the Advocats or Procurators for the Defender or Pannel de­bate the Relevancy viva voce, and that after the said Dispute viva voce is ended, then time be allowed by the Lords and Judges of the said Court, to the effect after-mentioned, and that the Kings Advocat, or Advocats, or Procurators for the Pursuer, do within the space of fourty eight hours, give in to the Clerk his Information in writing subscribed with his hand, that the Advocats or Procurators for the Pannel may take it up, and give in their Answers in writing also under their hands, within other fourty 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 shal proceed to the Advising. And His Majesty with Advice and Consent foresaid, Ratifies, Approves, and Confirms the whole Rights, Powers and Privi­ledges 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 Tryal and Sentence only, [Page 6] 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. Iune 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 Ruine and Undoing, by mens 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. Iune 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 payed to Creditors preferred by the Lords of Session, in the hands of the Magistrats 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 after-mentioned: 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 Magistrats, 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 shal 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 lyable, 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 compleat 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 cancelled, and the Lands and others Purchased and Acquired, disburdened of all Debts or Deeds [Page 8] 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, doeth hereby Authorise the Lords of Session, to grant warrant for charging the Magi­strats 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 saids Lords, upon Application of the saids Creditors, to grant warrand for uplifting and employing the Sums consigned, upon sufficient Security bearing An­nualrent.

VII. ACT For six Months Supply upon the Land-Rent. Iune 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 Maintainance; 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 Land­rent of this kingdom in the same manner, and conform to the Proportions of the Shires and Burghs contained in the sixth Act of the second Session of this Current Parliament, dated the seventh day of Iune 1690, provid­ing always that the Proportions of Burghs, be rated and payed as their Tax-roll now is, or that be settled by themselves; and this Supply to be payed in two parts, either answering to three Months Cess, viz. Two hundred and sixteen thousand pounds as being the first half thereof, to be payed 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 [Page 9] 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, Priviledge, 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 qualifie themselves betwixt and the last Tuesday of Iuly 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 In-bringing 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 Burghs thereof upon the third Tuesday of Iuly next, at ten of the Clock, for the Shires on this side of the River of Tay: And the last Tuesday of Iuly 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 Dyets 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 Ma­jesties 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 Ryding Mony, 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 lyable 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 Burghs 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 Debitor 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 [Page 10] 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.

VIII. ACT For a Company Tradeing to Affrica and the Indies. June 26. 1695.

OUR SOVERAIGN LORD Taking into His Considera­tion, That by an Act past in this present Parliament, In­tituled Act for encouraging of Forraign Trade; His Ma­jesty for the Improvement thereof, Did with Advice and Consent of the Estates of Parliament, Statute and Declare, That Merchants more or fewer may Contract and enter in­to such societies and Companies, for carrying on of Trade, as to any sub­ject of Goods or Merchandise to whatsomever Kingdoms, Countries, or parts of the World, not being in War with His Majesty, where Trade is in use to be, or may be followed, and particularly, beside the Kingdoms and Countreys of Europe, to the East and West-Indies, the Streights, and [Page 18] to Trade in the Mediterranian, or upon the Coast of Affrica, or in the Northern parts, or elsewhere as above: Which Societies and Companies being Contracted and entered into, upon the terms and in the usual man­ner, as such Companies are Set up, and in use in other parts consistant al­ways with the Laws of this Kingdom: His Majesty with Consent foresaid, did Allow and Approve, giving and granting to them and each of them all Powers, Rights and Priviledges, as to their persons; Rules and Orders, That by the Laws are given to Companies allowed to be Erected for Manu­factories; And His Majesty for their greater encouragement, did promise to give to these Companies, and each of them his Letters patent under the great Seal, Confirming to them the whole foresaid Powers and Priviledges, with what other encouragement His Majesty should judge needful, as the foresaid Act of Parliament at more length bears. And His Majesty under­standing that several persons as well Forraigners as Natives of this Kingdom, are willing to Engage themselves with great Sums of Money in an Ame­rican, Affrican, and Indian Trade to be exercised in and from this King­dom; if inabled and incouraged thereunto by the Concessions, powers and priviledges needful and usual in such Cases. Therefore, and in pursuance of the foresaid Act of Parliament, His Majesty with Advice and Consent of the saids Estates of Parliament, Doth hereby make and constitute Iohn Lord Belhaven, Adam Cockburn of Ormistoun, Lord Justice Clerk, Mr. Francis Montgomery of Giffen, Sir Iohn Maxwell of Pollock, Sir Robert Chiesly present Provest of Edinburgh, Iohn Swintoun of that Ilk, George Clark late Baillie of Edinburgh, Mr. Robert Blakewood, and Iames Balfour Merchants in Edinburgh, and Iohn Corss Merchant in Glasgow, William Paterson Es­quire, Iames Fowlis, David Nairn Esquires, Thomas Deans Esquire, Iames Cheisly, Iohn Smith. Thomas Coutes, Hugh Frazer, Ioseph Co­haine, Daves Ovedo, and Walter Stuart Merchants in London, with such others as shal joyn with them within the space of twelve Moneths after the first day of August next, and all others, whom the foresaid Persons and these joyned with them, or major part of them being assembled, shal ad­mit and joyn into their Joint-Stock and Trade, who shal 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 Affrica, 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 Imployed by the foresaid Undertakers, and their Co-partners; the half at least shal be appointed and allotted for Scottish men within this Kingdom, who shal 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, shal 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 Forraigners, to come in, Subscribe, and be assumed for the Superplus of the said half, and no otherwise: Likeas, the Quota of every mans part of the said Stock whereupon he shal be capable to enter into the said Company, whether he be Native or Forraigner, shall be for [Page 19] 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 Lyon King at Arms; as also to Plead and Sue, and be Sued; and to Purchass, 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 Transferrs 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 shal 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 likewayes 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 shal 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, shal not be lyable unto any manner of confiscation, Seisure, Forfaulture, Attach­ment, Arrest or Restraint, for and by reason of any Embargo, breach of Peace, Letters of mark or reprisal, Declaration of War with any forraign Prince, Potentate, or State, or upon any other account or pretence what­somever; but shal 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 shal by writing in and upon their Books, Records and Registers direct and appoint, and these Transfers and Assignments only, and no other shal 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 Debitor, without having any further Right or Power of the Debitors 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 Assigney, Creditors or any other persons in their Rights: The Company shal have retention of their Charges and Expenses in the first place, and the Books, Records, and Registers of the said Company or authentick 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, farder Statutes and Declares, that the said Iohn Lord Beilhaven, Adam Cockburn of Ormistoun, Lord Ju­stice [Page 20] Clerk, Mr. Francis Montgomery of Giffen, Sir Iohn Maxwel of Pol­lock, Sir Robert Chiesly present Provost of Edinburgh, Iohn Swintoun of that Ilk, George Clark late Baillie of Edinburgh, Mr. Robert Blakewood, and Iames Balfour Merchants in Edinburgh, and Iohn Corss Merchant in Glasgow, William Paterson Esquire, Iames Fowlis, David Nairn Es­quires, Thomas Deans Esquire, Iames Chiesly, Iohn Smith, Thomas Coutes, Hugh Frazer, Ioseph Cohaine, Daves Ovedo, and Walter Stuart Merchants in London, and others to be joyned with, or assumed by them in manner above-mentioned, 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 joynt 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, Governours, 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 requisit 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, Intituled 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, Countreys, or Places in Asia, Affrica, or America, and there to Plant Collonies, build Cities, Towns, or Forts, in or upon the places not Inhabited, or in, or upon any other place, by consent of the Natives and Inhabitants thereof, and not possest by any European Soveraign, Potentate, Prince, or State, and to provide and furnish the foresaid Places, Cities, Towns, or Forts with Magazines, Ordinances, Arms, Weapons, Ammunition, and stores of War, and by force of Arms to de end their Trade and Navigation, Col­lonies, Cities, Towns, Forts, and Plantations, and other their effects whatsoe­ver; as also to make Reprisals, and to seek and take Reparation of Damnage done by Sea, or by Land, and to make and conclude Treaties of Peace, and Commerce with the Soveraigns, Princes, Estates, Rulers, Gover­nours, or Proprietors of the foresaid Lands, Islands, Countreys, or Places in Asia, Affrica, or America; Providing always, Likeas, It is hereby spe­cially provided, that all Ships imployed by them shall return to this Kingdom with their effects, under the pain of Confiscation, Forefaulture, and Seizure of the Ship and Goods, in case of breaking of Bulk before their Return, excepting the case of Necessity, for preserving the Ship, Com­pany and Loadning allanerly. And His Majesty with Consent foresaid, doth farder Statute and Ordain, that none of the Leidges of this King­dom shall, or may Trade or Navigat to any Lands, Islands, Countreys, [Page 21] or Places in Asia, or Affrica, in any time hereafter, or in America, for, and during the space of thirty one years, to be counted from the passing of this present Act, without License and Permission in writing from the said Company: Certifying all such as shall do in the contrair hereof, that they shall Forefault and Omit the third part of the Ship, or Ships, and of the Cargo, or Cargoes therein Imployed, or the Value thereof, the one hal to His Majesty as Escheat, and the other half to the Use and Benefit of the said Company: For the effectual Execution whereof, it shall be law­ful to the said Company, or any Imployed by them, to Seize the saids Ships and Goods in any place of Asia, or Affrica, or at Sea upon the Coasts of Asia, or Affrica, upon the transgression foresaid, by force of Arms, and at their own hand, and that without the hazard of incurring any Crime, or Delinquency whatsomever on account of the said Seizure, or any thing necessarly done in Prosecution thereof, excepting always, and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat, During the said space to any part of America, where the Collonies, Plan­tations, or Possessions of the said Company shall not be settled. And it is further hereby Enacted, that the said Company shal have the Free and Ab­solute Right and Property, onely Relieving and Holding of His Majesty, and His Successors in Soveraignity, for the onely acknowledgment of their Allegeance, and paying yearly a Hogshead of Tobacco, in name of Blench­duty, if required allanerly, in, and to all such Lands, Islands, Collo­nies, Cities, Towns, Forts, and Plantations, that they shall come to E­stablish, or Possess in manner foresaid; As also, to all manner of Trea­sures, Wealth, Riches, Profits, Mines, Minerals, Fishings, with the whole Product and Benefit thereof, as well under as above the Ground, and as well in Rivers and Seas, as in the Lands thereto belonging, or from, or by reason of the same in any sort, together with the Right of Government and Admirality thereof; and that the said Company may by vertue hereof grant and delegat such Rights, Properties, Powers, and Imunities and permit and allow such sort of Trade, Commerce, and Navigation into their Plantations, Collonies, Cities, Towns, or Places of their Possessi­on, as the said Company from time to time shall judge fit and convenient: VVith power to them to impose and exact such Customs, and other Du­ties upon and from themselves, and others Treading with, and coming to the said Plantations, Cities, Towns, Places and Ports, and Harbours thereof, as the Company shal think needful for the maintainance and o­ther publick uses of the same, Holding always, and to hold the whole Premisses of His Majesty, and his Successors Kings of Scotland, as Sove­raigns thereof, and paying only for the same, their acknowledgement and allegeance, with a Hogshead of Tobacco yearly, in name of Blench Duty, if required, for all other Duty, Service, Claim or Demand whatsome­ver. With power and liberty to the said Company to Treat for, and to procure and purchase such Rights, Liberties, Priviledges, Exemptions and other Grants, as may be convenient for supporting, promoting, and en­larging their Trade and Navigation from any foreign potentate or Prince whatsoever, in amity with his Majesty; for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates, Princes, [Page 22] or States shal serve for sufficient Security, Warrand and Authority, and if contrair to the saids Rights, Liberties, Priviledges, Exemptions, Grants, or Agreements, any of the Ships, Goods, Merchandise, Persons, or other Effects whatsoever, belonging to the said Company, shal be slopt, de­tained, embazled, or away taken, or in any sort prejudged or damnified; His Majesty promises to interpose his Authority, to have restitution, re­paration and satisfaction made for the Dammage done, and that upon the publick Charge, which His Majesty shal cause depurse, and lay out for that Effect. And farder, it is hereby Statute, that all Ships, Vessels, Merchandise, Goods, and other Effects whatsoever belonging to the said Company, shal be free of all manner of Restraints, or Prohibitions, and of all Customs, Taxes, Cesses, Supplies, or other Duties Imposed, or to be Imposed by Act of Parliament, or otherwise, for and during the space of twenty one years, excepting alwise the whole Duties of Tobacco and Suggar, that are not of the Growth of the Plantations of the said Com­pany. And farder, it is Enacted, that the said Company by Commission under their common Seal, or otherwise as they shal appoint, may make and constitute all and every their Directors, Governours, and Commanders in Chief, and other Officers Civil or Military by Sea, or by Land; As likewise that the said Company may Inlist, Inroll, Agree and Retain all such persons Subjects of this Kingdom, or others whatsoever, as shal be willing and consent to enter in their Service or Pay, providing always that they Uplift or Levy none within the Kingdom to be Soldiers, with­out Leave or Warrand first obtained from His Majesty, or the Lords of His Privy Council, over which Directors, Governours, Commanders in Chief, or other Officers Civil or Military, and others whatsoever in their Service and Pay, the Company shal have the Power, Command and Dis­position both by Sea and Land. And it is farder Statute, That no Offi­cer Civil or Military, or other Person whatsoever within this Kingdom, shal Impress, Entertain, Stop or Detain any of the Members, Officers, Ser­vants or others whatsoever, off, or belonging to the said Company, And in case the said Company, their Officers or Agents, shal 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 Ma­gistrats and others His Majesties 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 lyable to all the Loss, Dammage, and Detriment of the said Company, by reason of the foresaid persons their neglect. And farder that the said Company, whole Members, Officers, Servants, or others belonging thereto, shal be free, both in their Persons, Estates, and Goods, Imployed in the said Stock and Trade, from all manner of Taxes, Cesses, Supplies, Excises, Quarter­ing of Souldiers Transient or Local, or Levying of Souldiers, 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 Denizons of this Kingdom, and that they [Page 23] with all that shal Settle to Inhabit, or be Born in any of the foresaid Plan­tations, Collonies, Cities, Towns, Factories, and other Places that shal be Purchast and Possest by the said Company, shal be repute as Natives of this Kingdom, and have the Priviledges thereof. And generally, without Prejudice of the Specialities foresaid, His Majesty with Consent foresaid, Gives and Grants to the said Company, all Power, Rights and Priviledges, 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 Common-wealth, 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 farder Ordain Letters Patent to be expede hereupon, containing the whole Premisses vnder the Great Seal of this Kingdom, for doing where of Per Saltum ▪ Thir Presents shal be sufficient Warrand 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. Iune 27. 1695.

WHereas, by a former Act in this Session of Parliament, the sitting of the Session was Adjourned until the first day of Iuly 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. Iune 27. 1695.

THe Estates of Parliament taking to their Consideration, that in regard of the great and eminent Dangers that threaten this Kingdom from forraign 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 Necessar, that a compleat Number of Standing Forces be maintained, and Ships of War provided for its necessary Defence; as also conside­ring, [Page 24] that beside the Supplie upon the Land-Rent, other Fonds will be requisit for the foresaid End, do for one of these Fonds freely and chearfully offer to His Majesty an Subsidy to be uplifted by way of Pole­money, 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, shal be subject and lyable 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 shal pay Six Shilling more, making in the hail Twelve Shilling for every such Cottar.

That for Each Servant shal be payed by the Master, for which the Ma­ster is impowred to retain the fourtieth Part of his yearly Fee, whereof Bountieth to be reckoned a part, (excepting Livery Cloaths) in the Num­ber of which Servants are understood, all who receive Wages or Boun­tieth for any Work, or Imployment 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 Sea-men pay Twelve Shilling Scots in name of Pole.

That all Tennents 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 Tennents, according to the respective Duties payable by them in Money or Victual, effeiring to his valued Rent.

That all Merchants, whether Sea-men, Shop-keepers, Chapmen, Trades­men and others, whose free Stock and Means (not Including Work­mens Tools, Houshold-plenishing, nor Stocks of Tennents upon the Farms and Possession) is above five hundreth Merks, and doth not extend to five thousand Merks, shal be subject and lyable to two pound ten Shil­ling of Pole.

And that all these (not including as above) whose free Stock and Means is above five thousand Merks, and does not extend to ten thou­sand Merks, shal be subject to four pound of Pole.

That all Merchants, whether Sea-men, Shop-keepers, Chapmen, Trades-men and others (not including as above) whose free Estate and Stock extends to, or is above ten thousand Merks in Worth and Value, shall be lyable 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 shal be recorded in the Herauld. Register gratis, shal be subject and lyable to three pound of pole-money, if they be not other­ways classed, and upon another Consideration be subject to a greater Pole.

[Page 25]That all Heretors of twenty pounds, and below fifty pounds of valued Rent, be subject and lyable to twenty Shilling of Pole-money.

That all Heretors of fifty pounds and below two hundred pounds of va­lued Rent, be subject and lyable to four pounds of Pole-money.

That all Heretors of two hundred pounds, and under five hundred pounds of valued Rent, be lyable 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 lyable to twelve pounds of pole-money, and that they pay half a Crown for each of their Male-Children living in familia.

That all Heretors of one thousand pounds of valued Rent, and above the same, and all Knight Baronets and Knights, be subject and lyable to twenty four pounds of Pole-money, and that they pay for each of their Male-Children in familia three pounds.

That all Lords pay fourty 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 Dukes eldest Sons as Marquesses, and their youngest Sons as Earls. All Marquesses eldest Sons as Earls, and their youngest Sons as Viscounts. All Earls eldest Sons as Viscounts, and their younger Sons shal be lyable in twenty four pounds of Pole. All Viscounts, and Lords Sons shal be ly­able in twenty four pounds of Pole.

That all Widows whose Husbands would have been lyable to one pound ten shilling of Pole or above, are to be subject and lyable to a Third-part of their Husbands Pole, except Heiresses, who shal 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 lyable 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, shal pay six pounds of Pole-money.

That all Advocats, Clerks of Soveraign Courts, Writers to the Signet, Sheriffs and their Deputs, Commissars and their Deputs, Doctors of Medicine, Appothecaries, Chyrurgeons, and others repute Doctors of Medicine, pay twelve pounds of Pole.

That all Commissionat Officers of the Army upon Scots pay shal be lyable in two days Pay for their Pole.

That all persons who are to pay the said respective Poles, tho they be Pol­ed in different Capacities, are only to pay at the highest rate above-menti­oned, 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 [Page 26] 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 Paroches one or more for Commissioners one or more, as they shall see convenient, to meet the last Tuesday of the said Moneth of August, at the respective places to be appointed, impowering the saids 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 Magistrats 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 Burghs, containing their Names, Qualities and Degrees, and the value of their Estates; And which Commissioners and Magistrats of Burghs 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 Magistrats of Burghs respective, and which Rolls the saids 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, shal be marked by the Clerk, as they give it up, excepting Tennents, 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 lyable 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 saids Estates of Parlia­ment, Ordains the foresaid Pole-money to be payed 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 Magistrats of Burghs, 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 lyable in the double, if paying within other thirty days thereafter, or if failzieing after both the saids thirty days, [Page 27] in the quadruple of their Pole: and ordains Execution to be used against them for the same, by Poynding of their readiest Goods, or Imprisoning their Persons; the foresaid Poynding and Imprisonment alwayes 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 impowers the Lords of Privy Council, to order and appoint such furder 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 appropriat, destinat, and appoint the Sums to be raised by this Act, for the ends and uses above-specified, conform to His Majesties 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 Admirality, 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 premisses.

And lastly, it is hereby declared, that no persons lyable 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 Majesties Letter.

XI. ACT Against Blasphemy. June 28. 1695.

OUR SOVERAIGN LORD with Advice and Con­sent of the Estates of Parliament, does hereby Ra­tifie, Approve, and Confirm the twenty first Act of the first Session of the first Parliament of King Charles the second, Intituled, 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 farder, 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 Bee­ing 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 Publick Satisfa­faction in Sackcloth to the Congregation, within which the Scandal was committed. And for the second Fault, the Delinquent shall be fyned in [Page 28] an Years Valued Rent of his Real Estate, and the twentieth part of his free Personal Estate, (the equal half of which Fines, are to be Applyed to the Use of the Poor of that Paroch, within which the Crime shal 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 obstinat Blasphemer: Likeas, His Majesty with Advice and Consent foresaid, hereby Authorizes, and Strictly Requires, and Enjoyns all Magistrats, 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 Impower and Require all Sheriffs, Stewarts, Baillies of Bailliaries, and Regalities, and their Deputs, and Magistrats of Burghs, 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 Majesties Justiciary.

XII. ACT Against irregular Baptisms and Marriages. Iune 28. 1695.

OUR SOVERAIGN LORD Considering, that the Baptizing of Children, and Solem­nizing 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 Baptize 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 Baptize 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 privat 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 Prophaneness. Iune 28. 1695.

OUR SOVERAIGN LORD, and Estates of Parliament, considering that the Twenty fifth Act of the Second Session of this current Parliament, Intituled, Act against Prophane­ness, And the Acts Generally and Particularly therein-rati­fied, has not taken the wished Effect, through the negli­gence of the Magistrats, Officers, and others concerned to put the same in execution; Do hereby Authorize, and strictly Require and Enjoyn all Sheriffs and their Deputs, Stewarts and their Deputs, Baillies of Bail­lities and Regalities and their Deputs, Magistrats of Burghs-Royal and Justices of Peace within whose Bounds any of the Sins forbidden by the saids Laws shal happen to be committed, to put the saids Acts to exact and punctual Execution, at all times, without necessity of any dispensa­tion; and against all persons, whether Officers, Souldiers, or others with­out exception; with this Certification, that such of the saids Judges as shal refuse, neglect or delay to put the saids 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 saids Judges swa refusing, neglecting, or delaying, shal toties quoties be subject and lyable to a Fyne of One hun­dred Pounds Scots, to be applyed 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 Warrand from him, or from the Kirk Session within the Parish whereof the Scandal complained on was committed, shal have good interest to pursue before the Lords of Session, any of the foresaid Judges, who shal happen to refuse, neglect, or delay to put the saids Laws against Prophaneness to exact and punctual execution, who are hereby ordained to proceed summarly, without the order of the Roll, and that it shal 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 saids 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 Tryal 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 prophanation of the Lords Day, by keeping Weekly-Mercats on Munday and Saturnday. Iune 28. 1695.

OUR SOVERAIGN LORD Considering, that there is much occasion given for Profanation of the Lords-Day, by keeping of Weekly-Mer­cats on Munday 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 saids Acts not comprehending the Burghs of Rega­lity and Barrony, and Weekly-Mercats in Villages and Kirk-Towns, the saids Burghs, Villages and Kirk-Towns are necessitate to keep their Weekly-Mercats on the saids Days, conform to the special Acts of Par­liament made in their Favours; And yet many of the saids Burghs, 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 Ratifie and Approve the saids 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 Burghs of Regality and Barrony, and Villages, and Kirk-Towns, whose Weekly-Mercats are kept the saids Days, to change and alter the same: And the saids Burghs, Villages, and others are hereby Authorized to choise and appoint any other Days of the Week they think fit for the keeping and holding of the saids Weekly-Mercats, they always making timous Intimation of the said Change to the next adjacent Burghs, and providing they pitch not upon the Mercat-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 Fleshes in their respective Burghs, upon these days, this Act notwithstanding.

XV. ACT For Encouragement of Preachers at Vacant Churches be-north Forth. Iuly 5. 1695.

OUR SOVERAIGN 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 Supplyed than by the Presbytries in whose Bounds they ly, theit Imploying some Preachers who are not Setled in Churches to Preach in the saids Vacant Churches for some time, and that the Intertaining of these Preachers out of the first end of the Vacant Stipends of the Paroches 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 Imployed 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 ly, to every one of the said Preachers Twenty Merks Scots, for their Preach­ing each Lords Day, Forenoon and Afternoon, in the said Vacant Churches, and that whether the saids Preachers be Imployed 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 saids Preachers shall by vertue of this present Act, have Power and Undoubted Right to als many Twenty Merks, 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 saids 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 Impower the respective Pres­bytries within whose Bounds the respective Vacant Churches do ly, to grant Commissions to such Persons as they sha'l think fit for uplifting als much out of the first end of the Vacant Stipends, within their Bounds where the said Preachers shal serve at their Invitation, as will Pay and Satis­fie the saids Allowances hereby granted to the persons invited by them to Preach thereat, Accompting ut supra for each Lords Days service; with [Page 32] 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 Decerned in a Fifth part more, which Factor shall be obliged to Compt to the said Preachers, who shall be Imployed by the Presbytries for the said Allow­ances, to be uplifted by them▪ according to the number of Days to be contained in the Presbytries Certificat. 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 above-mentioned.

XVI. ACT Anent the Ease of Annualrents Due by Per­sons Restored, and anent the Creditors Diligence to be Vsed against them. Iuly 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 ought 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 lyable, 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 Forfaulture; in which case the person Restored, and not the Cautio­ner, shall be lyable to the payment of the Annualrents during the time of his being dis [...]ossest, in swa far as he hath recovered the same, or other­ways that the Party Restored may recover all or some part of the said [Page 33] Rent due during the years that he was dispossest, 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 dispossest; 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 dispossest 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 payed by them, (the Annualrents unpayed be­ing always discounted in the first place) and where the Debt is altoge­ther payed, the Party Restored shall by vertue of this Act, have Action of Repetition against his Creditor, for refounding the said Annualrents payed out by him for the years during which he was excluded from the Possession of his Estate by the Forfaulture. 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 Debitors Estate for payment of their principal Sums and Annualrents resting (except such Annualrents whereof they are liberat by this present Act,) and that immediatly furth 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 Forfaulture, 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 satis­fie the principal Sum and Annualrents thereof resting, and not hereby given down at the ordinar rate of the Countrey where the Lands ly, and that free of Incumbrances, 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 saids Lands swa to be disponed to him by the person Restored, It shall be leisume to the Creditor, immediatly 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, [Page 34] cannot purge and disburden the Lands offered of real Incumbrances, by the sight of the Lords, and put the Creditor in the free Possession there­of, swa that he will be lyable 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 Forfaulture now rescinded, did Acquire any Debts due by the person Re­stored, they shall have Action allannerly against the person Restored for the Sums truely payed out by them, and Annualrent thereof, and shal lose all benefit of their Compositions & Eases, And His Majesty and the Estates of Parliament, Do hereby remit the Case of the deceast William Muir of Caldwell, for Repetition of by-gone 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 futher Insist, till the Decision thereof before the Parliament or Lords of the Session.

XVII. ACT anent the Mint. Iuly 5. 1695.

OUR SOVERAIGN LORD, considering that by the Act of Parliament One thousand six hundred and eighty six Intituled, 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 Majesties Privy Council, to try by some of their Number, every Journal of Coin by it self distinctly, and that twice every year, Viz. In the Month of Iuly and December yearly, yet seing the foresaid distinct Tryal of every Journal hath been found both a tedious and superfluous Labour, and is not practised any where else, it shal be leisom for the said Lords of His Majesties Privy Council, to make the said Tryal by [Page 35] such of their number as they shal think fit, not of every Journal of Coin by it self distinctly, but by taking and making Tryal of any one or more single Journals, as they shal 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 shal stand for the whole, but prejudice always to the said Lords of Council to make distinct Tryals of the hail foresaid Journals, as they shal see cause, As also, still recommending to them the exact Tryal 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. Iuly 5. 1695.

OUR SOVERAIGN LORD the Kings 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 saids Commissioners have not met so frequently as was necessary, by reason of the difficulties of getting a Quorum, whereby the Leidges have been much prejudged; for Remei [...]ing whereof, Our Soveraign Lord, with Advice and Consent of the Estates of Parliament, Statutes and Ordains, That Seven Commissioners, whereof one of every State shal be an sufficient Quorum, who being present at the down-sitting and constituting of the Meeting: the withdrawing of one or more of any of the three States, after constituting of the Meeting, shal not breach the Quorum, seven of the Commissioners of the other State or States being still present, without prejudice to the Officers of State to be still Members of the said Commis­sion, tho the presence of one or more of them be not necessary to con­stitute the foresaid Quorum. And His Majesty, with consent foresaid, does hereby Ratify and Approve the Twenty fourth Act of the Fourth Session, and Thirtieth Act of the Second Session of this current Parlia­ment, in the hail Heads, Articles, and Clauses thereof, excepting in so far as the samen is innovat be this present Act; And the saids Commis­sioners are hereby appointed to meet every Wednesday in the afternoon, during the sitting of the Session.

XIX. ACT anent the Duty on Scots Muslin. Iuly 5. 1695.

OUR SOVERAIGN LORD, with Advice and consent of the Estates of Parliament, Statute and Ordain, That in all time coming, all Muslin, plain or stript, or Camrick, and all sorts of Linen under whatsomever Name or Designation, Manufa­ctored within the Kingdom, shal at the exporting thereof pay Custom only as Scots Linen, conform to the Book of Rates.

XX. ACT Anent the Post-Office. Iuly 5. 1695.

OUR SOVERAIGN LORD consi­dering, that for the Maintainance of Mutual Correspondence, and pre­venting of many Inconveniences that happen by privat Posts, several pub­lick Post-Offices have been hereto­fore erected, for Carrying and Recei­ving of Letters by Posts to and from most parts and places of this King­dom, and that the well ordering thereof, is a Matter of general Con­cern, and of great Advantage, as well for the Conveniences of Trade and Commerce, as otherways; and to the end that speedy and safe Dis­patches may be had, and that the best Means for that end, will be the Settling and Establishing a General Post-Office: Therefore, His Majesty with Advice and Consent of the Estates of Parliament, Statutes, Ordains, and Appoints an General Post-Office to be be keeped within the City of Edinburgh, from whence all Letters and Pacquets whatsoever, may be with Speed and Expedition sent into any part of the Kingdom, or any other of His Majesties Dominions, or into any Kingdom or Countrey beyond Seas, by the Pacquet that goes Sealed for London, at which said Office, all Returns and Answers may be likeways received; as also, that a Master of the said General-Letter-Office shall be from time to time ap­pointed by His Majesty, His Heirs, and Sucessors, by Letters, Patents, under the Privy Seal of this Kingdom, by the Name and Title of His [Page 37] Majesties Post-Master-General; or otherways, that the said Office may be set in Tack by the Lords of His Majesties Thesaury and Exchequer, as His Majesty and His saids Successors shall think most expedient: And that the said Master of the said Office, or Tacks-man for the time respe­ctively, and his Deput or Deputs authorized by him for that effect, and his and their Servants, and no other person or persons whatsoever, shall from time to time have the Receiving, Taking up, or Ordering, Dis­patching, Sending Posts with Speed, and Delivering of all Letters and Pacquets whatsoever, which shall from time to time be sent to and from, all and every the parts and places of this Kingdom, to and from His Maje­sties Dominions, or places beyond Seas, where he shall Settle, or cause to be Settled, Posts or running Messengers for that purpose: Excepting such Letters as are sent by any person or persons, to and from any place within this Kingdom by their own Servants, or by Express sent on pur­pose about their own Affairs, and Letters directed along with, and rela­ting to Goods sent, or to be returned by common Carriers allenarly: And where Post-Offices are not erected, and Posts settled, His Majesty with Consent foresaid, allows the Custom of sending by Carriers or others as formerly, ay and while such Offices be established and no longer. And farder, His Majesty with Advice and Consent foresaid, Statutes and Enacts, that the said Post-Master-General, or Tacks-man and their respective De­puts and Substitutes, and no other person or persons whatsoever, shall provide and have in readiness, sufficient Horses and Furniture for ryding Post to all persons, ryding to and from all the parts and places of Scot­land where any Post Roads are, or shal be settled and established: But pre­judice to the use of hyring of Horses, which are not to ride Post as former­ly. And sicklike, His Majesty with Advice and Consent foresaid, Statutes, Enacts, and Ordains, that it shall be lawful for the said Post-master Ge­neral, or Tacks-man and their saids Deputs, to ask, exact, and receive, for the Portage and Convoyance of all such Letters, which he or they shall so Convoy, Carry, or send Post as aforesaid, and for providing and furnishing Horses for ryding Post as aforesaid, according to the several Ra [...]es and Sums after-mentioned, which they are not to exceed, viz. all single Letters to Berwick, or any part within fifty Miles of Edinburgh two shilling, double four shilling, and so proportionally; all single Let­ters to any place above fifty Miles, and not exceeding a hundred Miles, to pay three shilling, double six shilling, and so proportionally, all single Letters to any place in Scotland above a hundred Miles, to pay four shilling, double eight shilling, and so proportionally: De­claring nevertheless, that all single Letters with Bills of Loadning or Exchange, Envoys, or other Merchant Accompts inclosed and sent to any place within the Kingdom, shall be onely considered as single Leters; all Pacquets of Papers to pay each one as triple Letters: And it shall be law­ful for the said Post-Master-General, Tacks-man, and their Deputs, to ask, exact, take, and receive from every person, to whom he or they shall furnish Horses, Furniture, and Guide for ryding Post in any of the Post Roads aforesaid, three shilling Scots for ilk Horse hire for Postage for every Scots Mile. And in like manner, His Majesty with Advice and [Page 38] Consent foresaid, strictly Prohibits and Discharges, all other person or persons whatsoever, as well single, as Bodies Pollitick or Incorporat, excep­ting the said Post-Master-General, or Tacks-man, and their Deputs, and the Servants of Noblemen, Gentlemen, and others, in the Cases particularly above-excepted allenarly, to carry, receive, or deliver any Letters for hire, or to set up or imploy any Foot Post, Horse Post, or to settle Post-Masters within their Jurisdictions, under the penalty of twenty Pounds Scots for every Transgression, and an hundred Pounds Scots for each Mo­neths Continuance thereof, after Intimation be is made to them in the contrair, and the saids penalties to be pursued for, before any Judge com­petent, the one half thereof to be applyed for the use of the Informer, and the other half for the use of the said Post-Master-General, or Tacks-man respe­ctive; and that no common Carrier presume to carry any Letters to, or from any places within this Kingdom, where Post-Offices are settled, excepting the case aforesaid: Certifying all such as do in the contrary, that upon Seizure of any such Carrier with the Letters about him, or being con­victed thereof before any Judge competent, he shall be imprisoned six days for ilk fault, and fyned in the Sum of six Pounds Scots, toties quoties: And because, it is not onely expedient for His Majesties Government, but likeways for the Advancement of the Trade of this Kingdom, that a settled Correspondence by Weekly Posts, be established with His Ma­jesties Subjects in the Kingdom of Ireland, and that the said Kingdom of Ireland, will not be at the expense for maintaining the Pacquet Boats for passing to and from this Kingdom; Therefore, His Majesty with Ad­vice and Consent foresaid, Ordains and Appoints the said General-Post-Master or Tacks-man, to keep and maintain Pacquet Boats to go Week­ly, (Wind and Weather serving,) from Port-Patrick in this Kingdom to Donachadee in Ireland, to carry and receive all Letters to be sent be­twixt this Kingdom and the Kingdom of Ireland, and that the expense bestowed on these Pacquet Boats, be allowed to the said General-Post-Master or Tacks-man, in part of his Intromissions with the profits of the said General-Letter Office, or out of the Tack Duty when the same is set in Tack or Farmed, not exceeding the sum of sixty Pounds Sterling Money Yearly. And His Majesty with Consent foresaid, Ordains and Commands all the Sheriffs, Stewarts, Baillies of Regalities or Royalties, Magistrats of Royal Burghs, Justices of Peace, and all other Judges and Magistrats whatsoever, 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 rendring this Act effectual for the ends above-written, and putting the same to all due and lawful execution with­in their respective bounds. And His Majesty with Consent foresaid, Statutes and Ordains, that no person or persons of whatsoever Degree or Quality, presume to stop, molest, hinder, or impede the several Posts, als well Foot Posts, as Horse Posts authorized by, or bearing Warrand from the said Post-Master-General, Tacks-man, or their Successors in Office, by night or by day, under the pain and penalty of one thousand Pound Scots, attour the Reparation of the Damnages to any Party le­sed thereby; far less to detain, rob, or take away any Pacquets, under [Page 39] the pains contained in the Acts of Parliament. And His Majesty with Con­sent foresaid, Ordains and Appoints the said Post-Master-General, Tacks-man and his said Deputs, and their Successors in their several Offices, to take the Oath of Allegiance and subscribe the same with the Assurance, appoin­ted to be taken by all persons in publick Trust, by the third Act of the third Session of this current Parliament. And His Majesty with Consent foresaid, Ordains General Letters to be directed at the Instance of the said General-Post-Master, or Tacks-man, and their Successors in Office, against their several Deputs, for the Tack-Duties of their respective Offices, as is allowed for In-bringing any part of His Majesties Revenue. And Lastly, the Lords of His Majesties Privy Council, are hereby Authorized and Impowered to take care, that particular Post-Offices be established over all the Kingdom at places most convenient, and the times of part­ing of Posts with Letters, and of their running, be duly settled and published; And generally, that this Act be punctually observed and exe­cute, and do all other things to make the same effectual for the true end and intent thereof. And Ordains this present Act to be Published and Printed, that none may pretend ignorance.

XXI. Explanatory Act anent the Excise of Brandy. Iuly 5. 1695▪

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

XXII. ACT Against Intruding into Churches without a Le­gal Call and Admission thereto. Iuly 5. 1695.

OUR SOVERAIGN LORD Considering, that Ministers and Preachers, their Intruding themselves into vacant Churches, Possessing of Manses and Benefices, and Exercing any part of the Ministerial Function in Paroches, without a Legal Call and Admission to the saids Churches, is an high Contempt of the Law, and of a dangerous Consequence ten­ding to perpetuat Schism. Therefore, His Majesty with Advice and Consent of the E­states of Parliament, Statutes and Declares, that whoever hereafter shall intrude them­selves into any Church, or shall Possess Manse or Benefice, or shall Exercise any part of the Ministerial Function within any Paroch, without an orderly Call from the Heretors and El­dership, and Legal Admission from the Presbytry within whose bounds it lies, shall be incapable of enjoying any Church, or Stipend, or Bene­fice within this Kingdom, for the space of seven years after their Remove­al from the Church, and quiting Possession of the Stipend and Benefice into which they intruded: Likeas, His Majesty with Advice and Con­sent foresaid, does hereby remit the Execution of this present Act to She­riffs, Stewarts, Baillies of Bailliaries, and Regalities, and their Deputs, and to Magistrats of Burrows Royal, who are hereby Authorized and Required, to remove and declare incapable, ut supra, all these, who shall hereafter intrude into Churches within their respective Jurisdictions, up­on Complaint from the Presbytry, or any person having Warrand from the Presbytry, within whose bounds the saids Intrusions shall happen to be made hereafter; and that upon Citation of ten days: Ordaining here­by Letters of Horning and Caption to be direct in communi forma, upon Decreets to be given by the saids inferior Judges, for compelling the saids Intruders to remove from the saids Churches and Manses, and to quite Possession of the saids Stipends and Benefices, and to desist and cease from Exercing any Ministerial Acts within the saids Paroches, into which they shall hereafter intrude. Likeas, His Majesty doeth hereby Recommend to the Lords of His Majesties Privy Council to remove all these, who have already, since the Establishment of this present Church Government, intruded into Vacant Churches, without an orderly Call from the Here­tors and Eldership of the Paroch, and a Legal Admission from the Pres­bytry within whose bounds the saids Churches lies: As also, to take some [Page 41] effectual Course for stopping and hindering these Ministers, who are, or shall be hereafter Deposed by the Judicatories of this present established Church; from Preaching or Exercising any Act of their Ministerial Fun­ction, which they cannot do after they are Deposed, without a high Con­tempt of the Authority of the Church, and of the Laws of the Kingdom establishing the same.

XXIII. ACT Anent Lands lying Run-rig. Iuly 5. 1695.

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

XXIV. ACT for Obviating the Frauds of appearand Heirs. Iuly 10. 1695.

OUR SOVERAIGN LORD Considering the frequent Frauds and Disappointments that Credi­tors do suffer, upon the Decease of their Debitors, and through the Contrivances of appearand Heirs, in their prejudice: For Remeid thereof, and also for facilitating the Transmission of Heretage in Fa­vours of both Heirs and Creditors, His Majesty, with Advice and Consent of the Estates of Parlia­ment, Statutes and Ordains, That if any man since the first of Ianuary One thousand six hundred and sixty one, have served, or shal hereafter serve himself Heir; or by Adjudication on his own Bond, hath since the time foresaid succeeded, or shal hereafter succeed, not to his immediate Predecessor, but to one remoter, as passing by his Father to his Good­sire, or the like; then, and in that Case, he shal be lyable for the Debts and Deeds of the Person interjected, to whom he was appearand Heir, and who was in the Possession of the Lands and Estate to which he is served, for the space of three years, and that in so far as may extend to the va­lue of the said Lands and Estate, and no further; deducing the Debts already payed: As also, with this order, as to the time past, that all the true and lawful Debts of the appearand Heir, entering as said is, and already contracted, with the true and real Debts of the Predecessor to whom he enters, shal be preferred in the first place. As also, His Ma­jesty, with Advice and Consent foresaid, Statutes and Ordains, That if any appearand Heir for hereafter, shal without being lawfully served or entered Heir, either enter to possess his Predecessors Estate, or any part thereof, or shal purchase, by himself, or any other to his Behoove, any Right hereto, or to any Legal Diligence, or other Right affecting the same, whether Redeemable or Irredeemable, otherwise than the said E­state is exposed to a lawful publick Roup, and as the highest Offerer there­at, without any Collusion; his foresaid Possession or Purchase shal be repute a behaviour as Heir, and a sufficient passive Title to make him represent his Predecessor universally, and to be lyable for all his Debts and Deeds, sicklike as if the said appearand Heir, possessing or purcha­sing, as said is, were lawfully served and entered Heir to his said Prede­cessor: Declaring always, Likeas, it is hereby declared, that the said appearand Heir may bring the said Estate to a Roup, whether the E­state be Bankrupt or not. And it is further Statute, that where Rights or Legal Diligences, affecting their Predecessors Estates, shal be found settled in the Person of any such near Relation, to whom the appearand [Page 43] Heir to the foresaid Predecessor may also succeed as Heir, the appear­and Heirs possessing by vertue of the said Rights and Diligences, except upon Lawful Purchase by publick Roup, as said is, shal not only be a passive Title, but the said Rights and Diligences in the Person of the said near Relation, shal only be sustained as valid to exclude the Prede­cessors Creditors, in so far as can be qualified and instructed, that these Rights and Diligences were truly and honestly purchased for payment of Sums of Money, and no further. And moreover, His Majesty, with Ad­vice and Consent foresaid, Statutes and Ordains, That for hereafter any appearand Heir shal have free liberty and access to enter to his Prede­cessors cum beneficio inventarii, or upon Inventary, as use is, in Executo­ries and Moveables, allowing still to the said appearand Heir, year and day to deliberate, in which time he may make up the foresaid Inventary, which he is to give up upon Oath, full and particular as to all Lands, Houses, Annualrents, or other Heretable Rights whatsoever, to which the said appearand Heir may, or pretends to succeed; which Inventary to be subscribed by him before Witnesses, duly insert and designed, shal be given in to the Clerk of the Sheriff Court of the Shire, where the De­functs Lands and Heretage lye; or in case the Defunct had no Lands or Heretage requiring Seasin, to the Clerk of the Shire, where the Defunct deceased: To which Inventary, the Sheriff, or Sheriff-Deput, with the Clerk of the Court, shal also subscribe in Judgement, and record the same in their Registers, and give Extracts thereof, for all which, the upgiver of the said Inventary shal pay no more to the Court and Clerk thereof, on any account, than the ordinary price of Extracts in that Court, for an extract of the said Inventary: and this Inventary is to be given in, recorded, and extracted as said is, within the said year and day, to deliberat; and thereafter the foresaid Extract thereof, shal within four­ty days after the expiration of the said year and day, be again presented and registrated in the Books of Council and Session, in a particular Re­gister to be appointed by the Clerk Register, for that effect: And the appearand Heir entering by Inventary, in manner foresaid, is hereby de­clared to be only lyable 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 shal have any intromission with the Defuncts Heretable 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 shal fraudfully omit any thing out of the said Inventary, that is, which yet he shal be found to have intrometted with, or possessed, then, and in either of these Cases, he shal lose the benefit of the Inventary, and be universally lyable, as if entered Heir without Inventary. And farder, that if any part of the said Heretable Estate shal be without fraud omitted to be given up by him in the foresaid Inventary, and shal not in the mean time be affected by the di­ligence of a lawful Creditor, he shal have Liberty, so soon as he comes to the knowledge thereof, and within fourty days thereafter, to make [Page 44] 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 above-mentioned. 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. Iuly 10. 1695.

OUR SOVERAIGN LORD conside­ring, that by the Eighteenth Act of the Second Session of this current Parliament, Intituled, Act Rescinding the Forefaultures and Fines, past since the Year One thousand six hundred sixty five; All Fines then unpay­ed, which were imposed by Sentences, from the first day of Ianuary 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 Publick 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 Inter­communings, given, pronounced, and issued furth in Parliament, or by an other Court or Commission against any Persons, for the saids Causes, are expresly 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 payed to Donators, or others having Right from them, and other privat 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 Ianuary One thousand six hundred sixty fives to the fifth of November One thou­sand six hundred eighty eight, upon any Person for Church Irregularities [Page 45] and Non-conformities, or refusing of publick Bonds, Subscriptions and Oaths, for not obeying Acts, Proclamations and Orders thereanent, Re­setting of, or Conversing with Rebells for the Causes foresaid, refusing to depon upon Lybells 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 shal be leasom for them to pursue the said Dona­tors or others for repetition, and who are hereby declared lyable to re­found what they have received, together with the Annualrent thereof since Martimass One thousand six hundred eighty eight. And furder, 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 repayed by the Donators or others; and seing it is just, that the Annualrents of the said Compositions, since the date of the foresaid Act be likewise payed. Therefore, His Majesty, with Advice and Consent foresaid, Statutes and Ordains, that Annualrent from the Date of the said Act be repayed, with the Compositions themselves, ex­cepting always furth and frae this Act, all Fines imposed by Mr. Iohn Meinzies Advocat, 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 furder declared, that where any Person forefaulted and restored as above, shal 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 shal 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. Iuly 11. 1695.

OUR SOVERAIGN 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 dis-inherited, and deprived of any Bene­fit [Page 46] 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 shal not be leisom, nor in the power of any profest 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, shal be of any force, but shal be judged to be gratuitous, unless that both the Person granter, and the Writer and Witnesses in the Deed, shal 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 shal be null and void, in manner above-Statute.

XXVII. ACT Concerning the Church. Iuly 16. 1695.

OUR SOVERAIGN LORD, Being sensible of the Hurt and Mischief that may Ensue, upon the exposing of the Peoples Minds to the Influ­ence of such Ministers, who refuse to give the Proofs required by Law of their Good Affecti­on to the Government; And withal desirous, that in the first place, all gentle and easie Me­thods should be used to reclaim men to their Duty, whereby the present Establishment of this Church, may be more happily preser­ved, the knowledge of the Truth, with the practice of true Piety more successfully advanced, and the peace and quiet of the Kingdom more effectually settled: Hath thought good to allow, and with Advice and Consent of the Estates of Parliament, here­by allowes to all Ministers that were at the time of His Majesties happy Accession to the Crown, and have since continued actual Ministers in parti­cular Paroches, and no Sentence either of Deposition or Deprivation past against them, and have not yet Qualified themselves, conform to the Act of Parliament 1693, Intituled, Act for taking the Oath of Allegiance and the As­surance, a new and farther day, viz. the first of September in this present year 1695, to come in and take the said Oath of Allegiance, and to sub­scribe the same with the Assurance betwixt and the said day, and that either before the Sheriff, or Sheriff-Deput of the Shires, or the Provost or Baillies of the respective Burghs, or any other Inferior Magistrat of the bounds where they live, or before any Privy Counsellor, with a [Page 47] Certificat under the hand of the said Inferior Judges, or Privy Counsel­lor, to be reported to the Lords of His Majesties Privy Council, or their Clerk, within the space of twenty one days after the date of the said Certi­ficat: Declaring, that all such as shal duely come in and qualify themselves as said is, and shal behave themselves worthily in Doctrine, Life and Con­versation as becomes Ministers of the Gospel, shall have and enjoy His Majesties Protection, as to their respective Kirks and Benefices, or Sti­pends, they always containing themselves within the Limits of their Pa­storal Charge within their said Paroches, without offering to Exerce any power, either of Licensing, or Ordaining Ministers, or any part of Go­vernment in General Assemblies, Synods, or Presbytries, unless they be first duely assumed by a competent Church Judicatory; in which Case, it is hereby farder Declared, that the foresaid Ministers first qualifying them­selves as above, may be assumed by the respective Church Judicatories to which they belong, and shall apply to partake with them in the present Established Government thereof: Providing nevertheless, that as the said Ministers who shal qualifie themselves as said is, are left free to apply or not, to the foresaid Church Judicatories: So the said Church Judicatores are hereby also Declared free to assume, or not assume the foresaids Mini­sters, though qualified as they shall see cause: WITH CERTIFICATION, that such of the said Ministers, as shall not come in betwixt and the said day, are hereby, and by the force of this present Act, ipso facto, Depri­of their respective Kirks and Stipends, and the same Declared vacant without any further Sentence. And His Majesty being purposed, that His Grace shall be still patent to all; doeth further Declare and Statute, with Consent foresaid, that at what time soever any Minister, either settled in a Church, or not, shall upon application, be judged fit to be assumed by any competent Church Judicatory as said is, the foresaid Mi­nister, upon a Certificat thereof from the said Judicatory, shall be ad­mitted and allowed to qualify himself, by taking the Oath of Allegiance, and subscribing the same with the Assurance in manner foresaid, albeit the said first of September be past and elapsed. And His Majesty with Con­sent foresaid, Allows, Declares, and Statutes as above, any thing in the foresaid Act 1693, or in the other Act of the same Session of Parliament, Intituled, Act for Settling the Quiet and Peace of the Church, notwithstan­ding. And His Majesty with Consent foresaid, for the greater encourage­ment of all Ministers of the Gospel, not only ratifies the Act of Parlia­ment 1669, forbidding all Suspensions of special Decreets and Charges for Ministers Stipends, or the Rents of their Benefices, except on pro­duction of Discarges, or upon Consignation in manner therein provided: But further Statutes and Ordains, that there be no Advocation, or Sist of Process granted of Actions for the said Stipends, or Rents of Benefices, when pursued before Inferior Judges, and that in the case of a Decreet, there be neither Suspension nor Sist of Execution granted, except on produ­ction of clear Discharges or Consignation as said is, and if any Suspension be past, that the same be summerly discussed at the Instance of the Charger, without abiding the Order and Course of the Roll: And that if the Let­ters be found orderly proceeded, the Suspender be also Decerned at least [Page 48] in a fifth part more than the Sums charged for, with what more the Lords shall judge reasonable to be payed to the Charger for his Expense and Damnage. and if any Minister shall happen to pursue for his Sti­pend by way of ordinary Action before the Lords, it is hereby farther Ordained, that the same be summarly proceeded in, and discussed with­out abiding the Course of the Roll. And Lastly, for a more ample De­claration of an Act made in this Session of Parliament, for encouraging of Preachers at Vacant Churches be North Forth, His Majesty with Con­sent foresaid, extends the same not only to Preachers who are not settled in Churches, but also to such Ministers who though settled in Churches, are yet sent from time to time from any Presbytry or Synod of this Church, without their own Presbytry, to supply the said Vacancies, to the effect, that the said Ministers settled, as well as the said Preachers not settled, may equally have the benefit of the said Act, in the terms thereof.

XXVIII. ACT For the Additional and Annexed Excises. Iuly 16. 1695.

THE Estates of Parliament, taking to their Conside­ration, that for the Maintaining of the present stan­ding Forces, and the necessary Defence of the King­dom, and Coasts thereof, against the Dangers that con­tinue to threaten from the present War; an Additi­onal Fond, to the Supplies already given, in this pre­sent Session of Parliament, is requisit: Do therefore, for the said Fond, and over and above the Excise of two merks upon the Boll of Malt, and the Excises on strong Waters and Brandy, and Forreign Beer annexed to the Crown, heartily offer to His Majesty, an Additional Excise of two pennies upon the Pint of Ale and Beer, browen to be vended and sold; As also, of two shilling upon each Pint of Aquavitae and strong Waters, brown or made of Malt, to be ven­ded and sold within the Kingdom: And likewise an Additional Excise of two shilling upon each Pint of Aquavitae and strong Waters brown, not made of Malt, excepting what is made of Wine; and that during the space of twelve Moneths, commencing from the first day of September 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 Leidges 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 [Page 49] 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 Majesties Interest and the publick 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 Merks 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 Merks upon the Boll of Malt to the Crown, in so far as, it gives and annexes the same allannerly, and no farder: 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, Sub-tacks, 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 Forraign Aquavitae, Brandy, or strong Waters; and thirty shilling upon ilk Barrel of imported Forreign drinking Beer; and this Ex­cise hereby given in Lieu of the foresaid annexed Excise of two Merks 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 shal Concur, to be as follows, viz. For the first two Moneths, upon the first day of November next to come, and thereafter quarterly, and propor­tionally, so long as they shal concur, and stand together; and thereafter the foresaid new annexed Excise to be payed at such Terms as His Maje­sty and Successor: shal 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 Autho­rize the Commissioners of the new Supply, appointed in another Act of this present Session of Parliament to be the Commissioners of the Excise, [Page 50] during the respective Endurances of the said two Excises, for the seve­ral Shires, for the end foresaid, and the Royal Burghs 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 shal 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, shal in all Burghs, where the Burgh hath an particular Imposition on Malt or Liquors, be twenty eight pennies for the Pint, to be payed 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, shal 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 applyed by the saids Com­missioners for Pious and Publick 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 saids 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, shal 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 shal not be permitted to brew for Change, for the space of five years thereafter; but shal 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, shal 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 shal be lyable in payment of the value of what they shal 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 Moneth where they shal appoint. And it is hereby specially provided, that if either Collector or Farmer, shal presume to raise or Levie the said Excise upon the Malt, or otherwise than upon the Liquor, he shal incurr the pain of an 100 Merks, toties quoties, to be decerned and exacted by the said Commissioners, or by the Lords of Privy Council, in case the saids Commissioners shal overlook the same: as also, that the Brewer assenting thereto, or com­plice therein, shal incurr the pain of fifty Merks, and also amitt and lose the Liberty of brewing, which Fines are also hereby appointed to be ap­plyed ut supra: And it is hereby Declared, that if any Tacks-man or Collector, or other Person shal exact any thing over and above his Excise for the Discharges thereof, or for the Discharge of any other publick Dues whatsoever, it shal be repute as Oppression, and punished accordingly by [Page 51] the said Commissioners, who are hereby impowered to proceed against the persons guilty. And His Majesty, with Advice and Consent foresaid, do Authorize and Impower the Lords of Privy Council to prescribe such other Methods and Orders as they shal judge necessary for making this Act effectual.

XXIX. ACT For Continuing the Additional Excise till March 1697, with Three Months farder Cess. Iuly 16. 1695.

THE ESTATES OF PARLIAMENT Taking to their further Consideration, the pre­sent State of the Kingdom, and publick 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 lyable in pay­ment, in manner and for the ends appointed by the saids two respective Acts above-mentioned.

XXX. ACT For Preservation of Meadows, Lands and Pasturages lying adjacent to Sand-Hills. Iuly 16. 1695.

OUR SOVERAIGN LORD Considering that many Lands, Meadows and Pasturages lying on the Sea-coasts, 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 saids 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 Prohibite 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 saids Hills; Certifying such as shall Contraveen this Act, they shall not only be lyable to the Dammages that shall there-through inshew, but shall likeways be lyable 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. Iuly 16. 1695.

OUR SOVERAIGN 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 Iohn Cochran of Ochiltrie, and others mentioned in the Tack thereof, for the Sum of Fourty four thousand one hundred Pounds Sterling of Tack-Duty, as the Tack in it self bears: Yet the Levying of Mo­ney [Page 53] by Pole being new, and the Countrey 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 Penaltie; the foresaids Tacks-men were not able to pay the foresaid Dutie, 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 shal 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 dutie, 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 shal 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 Lyable for all the Sub-Collectors and Managers Imployed by them. Secondly, that all their Books be made Patent, and Examined. And that the Tacks-men and their Sub-Collectors 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 Countrey, not given up in the Books: That the Tacks-men, or their Sub-Collectors be lyable in Twenty Shilling, for each Shil­ling so Omitted. Fourthly, that the Rolls of the Poleable persons taken up by the several Justices of Peace, Magistrats of Burghs, and others be pro­duced to be compared with the Books. Fifthly, That a few Comptrol­lers be appointed to examine Books, and Accompts, and adjust the whole Matter, and that the Leidges be Invited & Encouraged to Compt­roll the said Accompts, and that they be patent at a publick Office for a reasonable time to all the Leidges for that end. Sixthly, that the Order of Payment, viz. of the Countrey in the First place, and then of the Forces, as Prescribed by Act of Parliament, be duely and strictly ob­served by the Commission after-mentioned. Seventhly, that upon Ac­compts Instructed and Liquidat, in due manner, Retention be allowed by the commission to those to whom the said Accompts 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 Sub-collectors. Ninthly, that no Sallaries be allowed, or given to the said Tacks-men, or their Sub-tacks-men 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 Iohn Lauder of Hattoun, the Laird of Livingstoun, the Laird of Torwoodlie, Sir William Hamilton, Sir Archibald Mure, and William Menzies Commissioners, three of every [Page 54] 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 Riseing of this Session of Parliament, and thereafter at such days as the said Com­mission shall Appoint. Likeas one of the Commissioners of His Majesties 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 Accompts of the said Tacks-men their Intromission, as if they had been Collectors, and to make them Accompt for their Collection, in manner, and under the Conditions Above set down; And to Determine all Differences betwixt the said Tacks-men and the Countrey, and the Officers, and Souldiers, anent the Premisses: As also with Power to the saids Com­missioners to do every thing necessary, for Inbringing of what, is yet resting unpayed of the said Pole by the Countrey, 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 Sub-collectors as they shal see Cause: And generally to do all other things anent the Premisses, that they may bring the foresaid Tacksmen their Intromission and Collection to a clear State and Ballance, and also for In-gathering what shal be found Resting of the said Pole-money, either in the hands of the said Tacksmen, or in the hands of any other Person lyable therein, and cause pay in the same to His Maje­sties 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 Expresly Discharged, and farder, 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 farder Declared, that for what shal be still found Resting by the said Tacks-men, after Just Compt and Reckoning, their Cautioners for the foresaid Tack-dutie shal be lyable therefore, notwithstanding that the foresaid Tack be hereby Disolved and turned to a Commission or Collection as said is; and it is farder hereby provided that the Commissioners above-named shal be, and are hereby Appointed to be, Commissioners for Calling for, Examining, and Concluding the Accompts 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 Compted to, and got Discharges from the Lords of Thesaurie, and make them Compt, Reckon, and Pay as accords; and farder to take such Methods as they shal think fit, to uplift and bring in the Rests of the said Hearth-money yet Resting by the Coun­trey, [Page 55] 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 shal 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 farder the said Commissioners are hereby Impowered to put the whole of the said Pole-money hereby Ordered to be Comp­ted for, to a Roup, and Assign, and ajudge the same to the highest Offerer, with this provision that it shal 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 shal see Cause. And lastly it is hereby Declared, that if any of the saids Commissioners shal happen to Depart this Life, His Majestie shal 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. Iuly 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 Encourag­ment be granted for Exportation of Corns and Victual furth 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 Dues 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 Merks 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 saids 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 [Page 56] exceed the foresaids Rates, the Lords of His Majesties 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. Iuly 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 Majesties 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 Seising of other unfit men, no ways proper for the Ser­vice, which hitherto hath been found a most sensible Grievance, and whereby also His Majesties 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 Majesties Leidges, do really Contribute to the foresaid War, by their paying of Supplies, Pole-money and Excise, and other publick 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 Dayly 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 lyable 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 accrew 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, Intituled, An Humble Tender to His Sacred Majesty of the Duty and Loyalty of His antient 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 [Page 57] of Supply for the respective Bounds where the said Proportions shall fall, first design, and cause be given, the Idle, Loose and Vagabond Per­sons, lyable by former Acts of Parliament, to be seised 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 Domestick Servants to any Heretor, but Earn their Living by Dayly Wages, or by Termly Hire payed them by other Masters for their Handy-Labour; to meet at certain Days and Places, and there by Lot, and throwing of the Dyce, or otherways as they shall think fit, Determine which of them shall go furth to serve as Souldiers, 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 furth by the said Commissioners, he shall be lyable 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 furth in manner foresaid, that they shall have Twenty Pounds Scots payed 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 furth and engaged as said is, shall not oblige them longer to be and continue Souldiers, then for the space of Three Years, and the first of November after the said years, from the time of their said Engagment, at which time they shall have an authentick 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 easie manner, is Referred and Recommended to the Lords of His Majesties 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 Leidge to be a Souldier, 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 farder by Imprisonment, or Breaking and Casheiring, as the Lords of Council shall think fit. And it is farder 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 Souldiers Exacting Lodging, Coal and Candle gratis, for their Wives and Children, shall be lyable for the Parties Dam­mage, to be payed by their Commanding Officers, at the sight and ap­pointment of any Magistrat within Burgh, or other Judges to Landward; Certifying the Officer failieing herein, that he shall be lyable in Three Months Pay, and farder punished as the Lords of Council shall appoint; which Fines are also to be applyed for reparation of the Parties in the first place, and the Superplus as the Council shall think fit.

XXXIV. ACT For Additional Imposition upon Forraign Com­modities Imported. Iuly 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 Encouragment given for the Exporting of Corns, and the many Priviledges 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 Majesties gracious favour, Do with all hum­ble Duty and Thankfulness, Offer to His Majesty the additional Duties upon the Forraign Commodities after-mentioned, and that by and attour what they were formerly lyable unto by Acts of Parliament preceeding the Date hereof, as by the following Table,

Which Duties and Customs above specified, Our Soveraign Lord with Advice and Consent of the Estates of Parliament, Statute and Ordain to be payed by all Merchants and other Importers of the said Forraign Com­modities, in the same manner as the other Duties to which they were for­merly lyable; And Ordains all Farmers, Collectors, Surveyers and others, to In-gather the same, and that after the same manner they do His Maje­sties other Duties upon Forraign imported Commodities, and that from and after the Term of Martinmass 1696 years: And hereby Discharges [Page 60] the said Collectors, Farmers, Surveyers, and other In-bringers of His Ma­jesties Customs to Transact, Abate or allow of any Defalcation of the Addi­tional Duties above-specified, under the pain of Deprivation of their Offi­ces, and losing the Benefite of their Tacks.

XXXV. ACT Anent burying in Scots Linen. Iuly 17. 1695.

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

XXXVI. ACT Anent the Skinners. Iuly 17. 1695.

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

XXXVII. ACT Anent the Iusticiary of the Highlands. Iuly 17. 1695.

OUR SOVERAIGN LORD Con­sidering, That there was an Act of Par­liament, made in the year 1693, for the Justiciary in the Highlands; Declaring, That His Majesty, by vertue of His Pre­rogative Royal, might grant Commissions of Justiciary for the said Bounds, with all Power, necessary and usual: Excepting thence, from the Bounds lying within the Heretable Right of Justiciary General, pertaining to the Earl of Argile, or any other Person, providing nevertheless that the foresaids Persons, whose 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 saids 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 saids Bounds not above excepted, the foresaids Persons hav­ing Right to the said Heretable Justiciaries General, shal 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 ver­tue of the saids Justiciaries Commissions) to the effect the saids Commis­sioners, acting unanimously, within any part of the whole foresaid Bounds, the saids Crimes may be the more effectually punished and restrained, and that these Commissions may, and shal 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 shal 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 Casualities and Escheats, in manner provided in the said Act.

XXXVIII. ACT Concerning the Dividing of Commonties. Iuly 17. 1695.

OUR SOVERAIGN LORD, With Advice and Consent of the ESTATES OF PARLIAMENT, for preventing the Discords that arise about Commonties, and for the more easie and expedit Deciding there­of, in time coming, STATUTS 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 Bur­gage, may be divided at the Instance of any having Interest, by Sum­mons raised against all Persons con­cerned, before the Lords of Session [...] 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, Baillies of Regality and their Deputs, Justices of Peace, or others, for perambulating and taking all other necessary Probation, which Commissions shal be reported to the saids Lords, and the said Processes ultimatly Determined by them. And where Mosses shal 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, Statuts and Declares, that the said Mosses shal 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, shal 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. Iuly 17. 1695.

OUR SOVERAIGN 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 shal lose and amit their Priviledges granted to them as Manufactories, and be otherways punished as the Lords of Privy Council think fit.

XL. ACT Anent Letters Passing the Signet. Iuly 17. 1695.

OUR SOVERAIGN 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 Moveables. Iuly 17. 1695.

OUR SOVERAIGN LORD Considering, that the Law is Defective, as to the Affecting with Legal Diligence, the Moveable Estate which pertained to a Defunct, either for his own, or his nearest of Kins Debt, in such manner as a Defuncts heretage, 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 Moveable Estate left by a Defunct, and falling to his nearest of Kin, who lyes 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 lyable for the Debt, if he refuse; or they may obtain themselves Decerned 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 Moveable Estate within year and day of their De­bitors 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 Vitious Intromettor, unless he Renunce, and then the Charger may proceed to have his Debt con­stitute, and the Haereditas Iacens of Moveables Declared lyable by a De­creet Cognitionis Causa, upon the obtaining whereof, he may be Decer­ned Executor Dative to the Defunct, and so affect his Moveables 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 Forraign Trade. Iuly 17. 1695.

OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament, for the Encouragement of the Un­dertakers for Forraign Trade, conform to an Act made in their Favours in this present Session of Parliament, Inti­tuled, Act for a Company Tradeing to Affrica and the Indi­es, doeth hereby Statute and Declare, that it shall be Leisum to the Ma­gistrats and others, the Administrators of the Common Good of Burghs; As also, to the Deacon, Masters, and other Administrators whatsoever of any Incorporation, or Body, or Company Incorporat, or Collegiat within this Kingdom, to Adventure and put in Money belonging to their respective Administrations, for a Share and Part to be Purchased to the saids Burghs and Incorporations in the said Company mentioned in the said Act, bearing the name of the Company of Scotland Tradeing to Affri­ca 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 Burghs. 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. Iuly 17. 1695.

OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament, doeth hereby Ratifie, Approve, and Revive all Acts of Parliament, and Acts and Procla­mations of Council, for Maintaining of the Poor, and Repressing of Beggers, and Ordains them to be put to Vigorous Execution in all Points. And further, Impowers the Lords of His Majesties 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. Iuly 17. 1695.

OUR SOVERAIGN 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 Iure Cujuslibet.

XLV. ACT Of Adjournment. Iuly 17. 1695.

THE KINGS 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 Burghs, 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 Burghs, except upon the Death of any of the present Commissioners.

Collected and Extracted from the Registers and Records of Parliament, by TARBAT, Cls. Registri.