[1703/5/188]*[print] [email] [cite] [preceding] [following]
Prayers said. The rolls called.
The minuts of the last sederunt read.
The following acts received the royall assent, viz. act for secureing the true Protestant religion and presbiterian government; act ratifieing the turning the meeting of the estates into a parliament; act anent leesing makers and slanderers; act for proveing the tenor in favors of Anna Cockburn; act anent peace and war; act anent the publict accounts, act anent butchers; act in favors of the Company Tradeing to Africa and the Indies; act dischargeing the importation of Irish victual; act continuing the prohibition of exporting English and Irish wool till the next session of parliament inclusive; act in favors of William Montgomery and George Lind for a manufactory of lame, purslaine and earthen ware [and] act allowing the importation of wines and other forreigne liquors, which several acts are as follows.
[1703/5/189]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majestie, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms all laws, statutes and acts of parliament made against popery and papists, and for establishing, maintaining and preserveing the true reformed Protestant religion and the true church of Christ as at present owned and settled within this kingdom, as likewayes, for establishing, ratifieing and confirming presbiterian church government and discipline, that is to say the government of the church by kirk sessions, presbitries, provincial synods and general assemblies, as agreeable to the word of God and the only government of Christ's church within this kingdom; and particularly, without prejudice of the generality foresaid, her majestie, with advice and consent foresaid, ratifies, approves and confirms the fifth act of the second session of King William and Queen Mary's parliament, intituled act ratifieing the Confession of Faith and settleing presbiterian church government, in the haill heads, clauses and articles thereof, as if at length herein set down, but prejudice nevertheless to the twenty seventh act of the fifth session of King William's parliament, intituled act concerning the church as to the allowance therein given to certain ministers not actually assumed by the established church judicatories, under the conditions and provisions allwayes expressed in the said act.
[1703/5/190]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms the first act of King William and Queen Mary's parliament, dated the fifth of June, one thousand, six hundred and eighty nine, intituled act declareing the meeting of the estates to be a parliament, and of new enacts and declares that the three estates then met together the said fifth of June, one thousand, six hundred and eighty nine, consisting of noblemen, barons and burrows, were a lawfull and free parliament, and it is declared that it shall be high treason for any person to disown, quarrell or impugne the dignity and authority of the said parliament. And farder, the queen's majestie, with consent foresaid, statutes and declares that it shall be high treason in any of the subjects of this kingdom to quarrell, impugne or endeavour by writeing, malicious and advised speaking, or other open act or deed, to alter or innovat the Claim of Right or any article thereof.
[1703/5/191]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering that by the acts of parliament following, viz. the act James first, parliament second, cap. fourty third, intituled, leesing makers tines life and goods; act James fifth, parliament sixth, cap. eighty third, of leesing makers; act James sixth, parliament eight, cap. one hundred and thirty fourth, anent slanderers of the king, his progenitors and realm; act James sixth, parliament tenth, cap. tenth, intituled, authors of slanderous papers† or writs should be punished to the death; act James sixth, parliament fourteenth, cap. two hundred and fifth, anent leesing makers and authors of slanders, and act James sixth, parliament twentieth, cap. ninth, intituled, act against scandalous speeches and lybells, the crimes therein mentioned are made capital and punishable by death and confiscation, and that the said laws have been lyable to streatches, and that in respect of their generality and the various construction which the same may admit, they may be as to the foresaid capital punishment of dangerous consequence, doth, therefore, with advice and consent of the estates of parliament, abrogate and discharge in all time comeing the foresaid sanction and pain of death and confiscation contained in the said acts, and statutes and ordains that the punishment of the crimes therein mentioned shall for hereafter only be arbitrary according to the demerit of the transgression, that is by fineing, imprisonment or banishment, or if the party offender be poor and not able to pay a fine, then to be punished in his body (life and limb alwayes preserved).
[1703/5/192]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, considering that upon ane petition given in by Anna Cockburn, daughter to umquhile Patrick Cockburn of Borthwick, to his majesties' commissioner and estates of parliament in November, jM and vijC mentioning that her writs and evidents were in the custody of Sir David Hume of Crossrig, one of the senators of the colledge of justice [and] her uncle and tutor the time of the late dreadfull fire, and were burnt with his own in his lodgeings in the meal mercat on the third of February, jM and vijC, And seeing there are still inventars of the said papers extant, one signed by the said Sir David and Sir Archbald Cockburn of Langtoun in April one thousand, six hundred and eighty three, ane other that is lying in the commissar clerk of Edinburgh's hands, and that the parliament has been in use in such cases to fall on wayes for makeing up of writs destroyed by such unforseen accidents and, therefore, craveing that his majestie and the honourable court of parliament would be pleased to commit this affair to some of their number to take tryal of the matters of fact represented and others to be represented, and to grant diligence and, after report, to take such course for makeing up and supplieing her papers as the commissioner's grace and the honourable court of parliament should think fit, as the samen more fully proports.
An commission was accordingly granted to the persons therein mentioned, being one of each state, viz. the viscount of Tarbat, Sir John Lauder of Fountainhall, knight, and Mr David Dalrymple, advocat, three of their number, and that the said commissioners, haveing given in and returned their report of their proceedings and judgement concerning the premisses, bearing that they are of opinion that the causa amissionis or manner how the said writs were lost, is notourly known to the commissioner's grace and many others members of the honourable court of parliament, and is sufficiently proven by the testimonies of diverse famous witnesses adduced by the said Sir David Home in an proveing of the tenor of his own writs, conforme to ane remitt granted by the high court of parliament to the said committee thereanent, as to the writts wanting belonging to the said Anna Cockburn, they were of opinion that there are several pregnant presumptions for evinceing that such writs did exist and were of the ordinary tenor of such writs viz. Primo, by the testimony of Thomas Mercer, commissar clerk depute of Edinburgh, who depones that the inventar aftermentioned of writs belonging to the said Anna Cockburn was truely given in of the date it bears by the Lord Crossrig, her tutor dative, before the commissaries of Edinburgh, and gives his causa scientiae that he wrote the signature afterspecified on the foot of the said inventar and was present in court when it was given in, and that he had keept it amongst the warrands of the said court ever since. Secundo, by the oath and testimony of Sir Archbald Cockburn of Langtoun, who depones that upon the death of Patrick Cockburn of Borthwick he became tutor to the said Anna Cockburn and her deceased brother John, procreat by the said Patrick on the deceased Issobell Home, daughter to the laird of Blackadder, and that the said Patrick Cockburn's writs were brought to his house at Langtoun and, haveing taken inspection of an inventar of the said writs consisting of twenty six piece of paper relating to ane wadset of the mains of Ladykirk and fishing thereof, and several other things bearing to be subscribed by him and the Lord Crossrig, the petitioner's uncle, dated at Langtoun, the fifteenth day of April, jM vjC and eighty three, and marked by the said committee of the date of the said deposition, he thinks he received the writts contained in the said inventar and that the subscription is like his hand writ, but cannot be positive as to all the writs in the inventar or to his subscription untill such time as he can have liberty and leasure to goe to Langtoun where his writs and evidents ly to search for his own double of the said inventar and what other documents he may have to clear him in the matter. Tertio, by the oath and testimony of the said Sir David Home of Crossrig, who depones that in April jM vjC and eighty three he the deponent, being at Langtoun, Sir Archbald Cockburn and he did inventar certain writs found in the deceased Patrick Cockburn of Borthwick's trunk and the said Sir Archbald and he signed an inventar thereof consisting of twenty six piece of paper, which is marked by the said committee. Likeas, he did receive up the said papers from the said Sir Archbald Cockburn of Langtoun and, haveing thereafter obtained an tutory dative to the said Anna Cockburn, he did on the twenty one day of May, jM vjC and ninety two make up an inventar of the said papers consisting of twenty three articles and, conform to the act of parliament, signed and gave in the same to the commissars of Edinburgh, and who farder depones that the said papers were in his hands and hanging in his closet on the third of February, jM and vijC at which time the fire happened in the meal mercat and were then lost and consumed in the flames. And for farder clearing and evinceing the existence of the said papers lost, the said Sir David Home, in name of the said Anna Cockburn, produced to the said committee ane disposition by Mr Philip Nisbet, sometime in Ladykirk, in favors of Patrick Cockburn of Borthwick and Issobell Home, his spouse, the longest liver of them two in liferent and the heirs procreat or to be procreat betwixt them in fie, the part and portion of the lands of Mains of Ladykirk, with the fishing on the water of Tweed called Hallywell, which disposition narrates several of the writs a wanting, and agrees with the foresaid inventars as to the dates and tenors of the same, and is dated at Ladykirk, the twenty fifth of October, jM vjC and eighty two. As also, the said committee has seen a register book of seasines beginning upon the sixteenth day of December, jM vjC and fourty-six years and ending upon the fourth day of August, jM vjC and fourty-seven years, wherein they fand recorded an seasine in favors of Agnes Purves of the Mains of Ladykirk, which seasine proceeds upon an charter by James, earl of Home in favors of the said Agnes upon an eik of ane wadset and is dated the ninth of July, jM vjC and fourty seven and registred at Edinburgh, the twelvth of July the said year, James Wallace, notar. And seeing it is notour that the said Sir David Home is a person of eminent and unquestionable integrity, so that it cannot be doubted but that the whole writs contained in the said inventars were extant when the same were made up at Langtoun and when he made and gave up the same to the said commissars of Edinburgh, therefore, and for supplying the want thereof, it was their opinion that there should be ane act of parliament made wherein the said inventar should be intirely insert verbatim and which should be of the tenor aftermentioned of this present act.
Therefore, her majestie, with advice and consent of the estates of parliament, has allowed and approven and, by thir presents, allow and approve the report foresaid. And for supplying of the said Anna Cockburn her writs and evidents burnt and lost upon the foresaid occasion, her majestie, with advice and consent foresaid, has declared, statute and ordained, and by thir presents, of certain knowledge, upon and for the causes and considerations foresaid, after mature deliberation, declares, statutes and ordains the foresaid inventar (whereof the tenor follows and is hereafter verbatim insert) or extract of this present act to be as valid, effectual and sufficient, authentick and forceable and to make as good faith in judgement and outwith the same in time comeing, in sua far as the words of the said inventar proports, for intenting of pursutes, founding of exceptions and other alleadgeances thereupon, instructing of services, satisfieing of productions in reductions and improbations and in all other actions, and to all other effects, ends and purposes, as if the principal evidents were extant, of the dates, tenors and contents mentioned in the said inventar, and which haill writs are presumed and understood to be of the usual stile and tenor of such writs, and to contain all the clauses and haill solemnities used and wont to be insert by the usual conception of such writs inventar of the bonds, compts, tickets due to the deceased Patrick Cockburn of Borthwick, together with the names and designations of his lands now belonging to Anna Cockburn, his daughter procreat betwixt him and Issobell Home, his spouse, made up by Mr David Home of Crossrig, her tutor dative, conform to the act of parliament: 1. Imprimis, tack be James, afterwards earl of Home, to Agnes Purves of the fishing of Halywell, dated September, jM vjC and thirty five. 2. Item, bond by the said James, earl of Home to the said Agnes Purves for the sum of seven thousand merks, dated the fourth of January, jM vjC and thirty seven. 3. Item, tack by the said earl to the said Agnes of the Mains of Ladykirk for the space of nineteen years, commenceing fra Whitsunday jM vjC and thirty six, dated the sixteenth of July, jM vjC and thirty six. 4. Item, contract of wadset betwixt the said earl and Agnes Purves of the said lands of Ladykirk, dated the seventh of August, jM vjC and fourty. 5. Item, an contract or eik of wadset betwixt the said earl and Agnes Purves of the forsaid lands upon her advanceing him five thousand and one hundreth merks, dated the eighteenth and nineteenth of June and July, jM vjC and fourty seven. 6. Item, another double of the said first contract. 7. Item, charter granted by the said earl to the said Agnes of the said Maines of Ladykirk, dated the sevent of August, jM vjC and fourty. 8. Seasine following thereupon, dated twenty fifth of August, jM vjC and fourty, Bartholomew Samson notar, registred at Lauder, the sixth of October the said year. 9. Item, charter by the said earl to the said Agnes upon the eik, dated the twenty fourth of June, jM vjC and fourty seven. 10. Item, seasine following thereupon, dated the ninth of July, jM vjC and fourty seven, James Wallace notar, registred at Edinburgh, the twelvth of July, jM vjC and fourty seven. 11. Item, another double of the said contract or eik of wadset betwixt the said earl and Agnes Purves. 12. Item, disposition and assignation be the said Agnes Purves to Mr Philip Nisbet, her son, of the Maines of Ladykirk, dated the twentieth of February. 13. Item, Mr Philip's seasine following upon the foresaid disposition, dated the twentieth of January, jM vjC and fifty five, registred at Dunce, the second of February, jM vjC and fifty five, James Wallace notar. 14. Item, mutual tack betwixt the earl of Home and Mr Philip of the Mains of Ladykirk and fishings of Tweed called Halywell for the space of a year, beginning at Whitsunday jM vjC and fifty five, and sua furth fra year to year till the payment of twelve thousand and one hundreth merks in which Alexander Cockburn and Stevensone are setters and subscribers, dated the twelvth of August, jM vjC and fifty four. 15. Item, disposition by Mr Philip, with consent of his mother, to Alexander Cockburn to the parts and portions of the lands of Ladykirk possest by the said Mr Philip with the fishing called Halywell and that heretably and irredeemably, dated the thirteenth of June, jM vjC and fifty seven. 16. Item, assignatione by the said Mr Philip to Alexander Cockburn of an decreet of appriseing led against the lands of Upsettlingtoun etc. within the new session house of Edinburgh, the ninth of September, jM vjC and fifty four, which assignation is dated the thirteenth of June, jM vjC and fifty seven. 17. Item, renunciation by the earl of Home of an reversion contained in an contract of wadset of the lands of Upsettlingtoun etc. betwixt the said earl and Alexander Cockburn in the year jM vjC and fourty six, dated the penult day of July, jM vjC and fifty three. 18. Item, an oblidgement by Longformacus narrating an tack of Halywell by him as haveing right be wadset as tutor for Stevenson, and the recept of twelve hundred merks of grassum whereby he oblidges himselfe, in case of redemption within the years of the tack, to refound him a proportion of grassum according to the years to run in the tack, dated the thirteenth of June, jM vjC and fifty seven. 19. Item, declaration be Alexander Cockburn of Letham makeing mention of the disposition made by him to Mr Philip of the wadset of the Mains of Ladykirk and fishing belonging thereto whereby he declares that his name was insert for security anent his relief of the sums, for which there was bond granted by Longformacus as principal and himself and others as cautioners to the said Mr Philip, oblidgeing him to denude himself in favors of Longformacus, dated the sixth of July, jM vjC and fifty nine. On the back of the said declaration there is another declaration by Longformacus, designed Sir Robert Sinclair of Lochend. 20. Item, an contract betwixt the said earl of Home, Linthill and Mr Philip on the one part and Alexander Cockburn, narrating Agnes Purves her right and Alexander Cockburn's right from her by progress and the act of debitor and creditor whereby the said earl etc. oblidge themselves to pay to the said Alexander Cockburn yearly the back tack duty extending to seven hundred and twenty six merks, with power to the said Alexander to the natural possession in case of failyie, dated the tenth of January and sixteenth of May, jM vjC and sixty three. 21. Item, execution of an precept of warning be Borthwick against Mr Philip Nisbet be Robert Home, messenger, dated the twenty second of April, jM vjC and seventy four. 22. Item, another execution against several debitors dated the eighteenth and nineteenth of April, jM vjC and seventy four, Robert Home, messenger. 23. Item, instrument of intimation and requisition, dated the sixth of March, jM vjC and fifty four. Edinburgh, xxj May, jM vjC ninety-two years: this is one of the three inventars of the means and estate belonging to Anna Cockburn the pupill judicially given in by Mr David Home of Crossrig, one of the senators of the colledge of justice [and] her tutor dative, conform to the act of parliament, and to which the judicial act extracted thereanent relates. Sic subscribitur, David Home, Ja[mes] Smollet, Patt[rick] Aikenhead, clerk. And lastly our sovereign lady, with advice and consent foresaid, declares that this present act shall be and is hereby excepted furth of and from any act salvo to be past in this session of parliament. Extract.
[1703/5/193]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, statutes, enacts and declares that after her majesties' decease, and failyieing heirs of her body, no person being king or queen of Scotland and England shall have the sole power of makeing war with any prince, potentate or state whatsoever without consent of parliament, and that no declaration of war without consent foresaid shall be binding on the subjects of this kingdom, declaring alwayes that this shall no wayes be understood to impede the sovereign of this kingdom to call furth, command and imploy the subjects thereof to suppress any insurrection within the kingdom or repell any invasion from abroad according to former laws; and also declaring that every thing which relates to treaties of peace, alliance and commerce is left to the wisdom of the sovereign, with consent of the estates of parliament who shall declare the war. And her majestie, with consent foresaid, repells, casses and annulls all former acts of parliament in so far as they are inconsistent herewith or contrare hereunto.†
[1703/5/194]*[print] [email] [cite] [preceding] [following]
Forasmuch as many great sums of money have been raised for payment of the forces in this kingdom and for the support of the government since the eleventh day of April, jM vjC and eighty nine years, that the late King William and Queen Mary were declared king and queen of this realm, and it being just and reasonable that her majestie and the kingdom may be informed and satisfied if all the said sums of money have been faithfully and truely expended and imployed for the ends and uses for which the same were granted, therefore, her majestie, with advice and consent of the estates of parliament, nominats, constitutes and appoints the earls of Galloway, Northesk, Balcarras, Dunmoir, and the viscount of Stair; Robert Dundass of Arniestoun, Sir John Lauder of Fountainhall, John Haldan of Gleneagles, William Seton of Pitmedden, younger, James Ogilvie of Boyne, younger; Coline Campbell, Mr John Clerk, Mr Dougall Steuart, Sir David Cunninghame, Mr [and] Robert Frazer to be commissioners (and the major part of them to be a quorum) for takeing of the accounts of all moneys of the publict revenues which were in the hands of the collectors of the cess, commissaries of the forces, tacksmen and collectors of the cess and excise upon the said eleventh day of April, jM vjC and eighty nine, and of all arrears thereof and of all cess, inland excise, annexed or additional, polemoney, hearth money and tunnage falling due since the said eleventh of April, jM vjC and eighty nine, and how and in what manner and by whom and to whom the same hath been ordered, payed and disposed; as also, for takeing the accounts of all the stores, provisions, habulyiements for war which were in any of her majesties' garisons, storehouses or else where upon the said eleventh day of April, and to set down what sums of money, provisions, stores and other things whatsoever have been provided, payed or disposed of at any time since the said eleventh day of April, jM vjC and eighty nine for the payment or maintainence of the forces, or other publict charges, and for buying, furnishing and setting to sea the ships of war that were bought for the use of the nation. And for the better enabling of the said commissioners or their quorum foresaid to take the said accounts, they are hereby impowered and authorized to call for the clerks of the exchequer, general receivers, tacksmen and collectors of the excise, commissaries and pay masters of the forces, collectors and tacksmen of the polemoney, hearth money and tunnage and all other persons imployed in manageing, paying, receiving or disposeing of the said supply, excise, pole money, hearth money and tunnage and all provisions, victualls and stores of war, and to call for all other persons whatsoever whom the said commissioners or their quorum shall think fit to examine in order to the takeing of and inquireing into the said accounts. And for the better executeing of the said commission, the said commissioners or their quorum are hereby impowered and authorized to send for such writeings, books, papers or records† as they shall judge necessary for their information in all things relating to the said accounts, and to take information upon oath for the better discovery of the inquiries to be made. And it is specially provided that whoever shall make discovery of any imbazelments or misapplications of the said fonds shall have ten of the hundred of what shall be discovered for their pains. And farder, the said commissioners or their quorum are hereby impowered to inquire into and examine any briberies or corruptions in any persons concerned in the manageing, ordering, paying, receiveing or disposeing of the said publict moneyes, if any such briberies or corruptions have been used. As likewayes, the said commissioners or their quorum are hereby authorized and required to call for the muster masters and see if they have done their duty in relation to the mustering of the forces and what faults and neglects have been on their parts. As also, to inquire if all the regiments, companies and troops have allwayes been keept full according to the establishment, and if the commanders in chief, collonells and other officers have been any wayes wanting in that matter and have not had their regiments, companies and troops full according to the establishment, that a particular account thereof be set down and the said commissioners or their quorum are hereby impowered and authorized to call for all persons whom they shall think fit and examine them upon oath, and to call for all such papers, books, writeings or records as they shall judge necessary for their information in this matter. As also, the said commissioners or their quorum are hereby authorized and required to inquire into and take tryal of what eases and abatements have been granted and to whom. And this act and commission is to endure to the next session of parliament, but it is hereby provided that all persons who are oblidged to compt to her majestie for such sums of money as are and shall be received and given out by them shall still be oblidged to compt to the lords of thesaury or lord high thesaurer or thesaurer depute for the time for the sums received and given out by them, according to the usual custome, notwithstanding of any thing contained in this act. And the said commissioners are hereby ordained to make a report of their proceedings in the said matter in writeing to the next session of parliament, provideing allwayes that the proceedings already made by former commissions of parliament anent the pole money given by the parliament jM vjC and ninety three shall stand in full force, with power to the said commissioners and their quorum foresaid to proceed where the former commission left toward the concludeing that affair by makeing a dividend of the money now in the hands of the cashier of the former commission according to the several just pretensions of the officers. And the first diet of their meeting is hereby appointed to be at the low council house of Edinburgh, the first lawfull day after this session of parliament by ten a clock in the forenoon, with power to adjourn their meetings thereafter to such times and places as they shall think convenient. And lastly, provideing that this act and commission shall not prejudge her majesties' right of annexation of the said excise by vertue of any former act of parliament.
[1703/5/195]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, do hereby prohibite and discharge all butchers or fleshers to take, brook or possess, either by themselves or any others for their use and behoove, directly or indirectly, any parks, inclosures or any other lands whatsoever less or more exceeding one acre, under the penalty of ane hundred pounds Scots for each time they contraveen, and alse to forfeit the whole nolt and sheep that shall be found in the said parks, inclosures and graseings belonging to them, the one half thereof to be imployed for her majesties' use and the other half to the informer. And farder, do hereby declare the contraveener to lose his freedom as an burgess in all the burghs of this kingdom. And likewayes, declares all tacks already made or to be made with any butcher or flesher or for their behove anent the sett or farm of all parks, inclosures and other lands whatsoever exceeding an acre to each butcher or flesher (unless the same be tilled and sowen with corn yearly) to terminat and be void and null after the term of Whitsunday next to come. And farder, her majestie, with advice and consent foresaid, statutes and ordains that it shall be leisum to all persons whatsoever to sell and break all sorts of fleshes on every lawful day of the week, and that in all the burghs and touns of this kingdom free of any imposition whatsoever, the petty custome of burgh excepted.
[1703/5/196]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majestie, takeing into consideration the many obstructions, losses and disappointments which the company of this her ancient kingdom tradeing to Africa and the Indies have from time to time met with in the prosecution of their lawfull endeavours for advanceing the interest of so nationall a concern and, being most willing to give them her royal countenance and protection in all their just designs and undertakeings, doth, with advice and consent of the estates of parliament [and] as a mark of her royal favour, ratifie, approve and confirm the eight act of the fifth session of King William's parliament, with the letters patent following thereupon, in all the heads, clauses, articles and conditions therein contained; as also, the thirteenth act of the eight and ninth sessions of the same parliament, and all others already past in favors of the said company. And likewayes, her majestie, with consent foresaid, declares that as the said company is fully and sufficiently authorized and impowered to grant permission and communicat its priviledges to others whither natives or forreigners, so, in like manner, all persons and ships tradeing to Asia, Africa or America by commission or permission under the said company's seal and returning to Scotland in the terms of the said act of parliament and letters patent, are and shall be thereby intituled to, and invested with all the priviledges and immunities contained in the said acts as fully and freely in all respects as if the absolute property of both ship and cargo did intirely belong to the said company.
[1703/5/197]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, ratifies and approves the third act, third session, second parliament King Charles the second jM vjC and seventy two, entitled act dischargeing the importation of Irish victual; as also the fourteenth act of the second session of the first parliament of King James the seventh jM vjC and eighty six, entitled act against importing Irish victual or cattle, excepting the clause in the said second act jM vjC and eighty six, that all the victual that shall be imported shall be sunk and destroyed, declaring that in place thereof it shall onely be confiscat as in the said former act jM vjC and seventy two. And farder, for the more effectual prohibition of the importing of the said Irish victual prohibited to be imported by the said acts, her majestie, with advice and consent foresaid, statutes and declares that all importers of the said Irish victual, as well the masters as seamen of the vessells wherein it is imported, as also the receipters, sellers, retaillers or buyers thereof or any part thereof wittingly, shall be not onely lyable in the fines and penalties statute in the said act of parliament jM vjC and seventy two, but likewayes all under the degree of heretors shall be delivered to any Scots officer serveing her majesties' allies abroad and to be transported by them for recruits when once discovered and convicted at any time within the space of six moneths after their said delinquencie, which delinquencie may be cognosced and tryed by any judge ordinary and that at the instance of any person whatsoever that shall think fitt to accuse and to be proven pro ut de jure and which judges ordinary are hereby fully impowered to that effect. Likeas, for preventing all connivance or collusion in this matter, the seizer of any such victual imported who, for his encouragement is declared by the said act jM vjC and eighty six to have the vessell wherein the import was made to be disposed of as his own, shall be oblidged† to make the victual furthcomeing to the said judge ordinary without any diminution or imbazlement, and the foresaid judge is immediatly to give ane account thereof to the lords of the thesaury to the effect that they may order the same to be transported furth of the kingdom with the first conveniencie, the product whereof shall belong to the said seizer or discoverer. And if the said judge ordinar shall failyie therein or shall any manner of way collude or connive with the foresaid importers, or shall accept of a bribe from them either directly or indirectly by servants or others intrusted or imployed by him for that effect, or shall transact or compone with the said importers or any others for their behoove otherwayes than in the precise terms of the acts of parliament abovementioned, then and in either of these cases the said judge ordinary shall be fined in the sum of one thousand pounds Scots toties quoties the said thousand pounds to belong wholly to the informer, and farder shall be declared incapable of all publict trust for ever thereafter. And it is furder hereby provided and declared that it shall be lawfull for any person whatsoever to inform against and prosecute the foresaid judges ordinary before the lords of privy council, lords of session, commissioners of justiciary or other judges competent as they shall think fitt and that at any time within two years after committing of the facts. And farder, her majestie, with advice and consent foresaid, extends the foresaid acts hereby ratified, as also this present act, with the prohibition and pains therein contained against all importing by sea or land and against all buying, selling, recepting and retailling wittingly of any victual from England or any countrey whatsoever into this kingdom, excepting allwayes that wheat, pease and beans for seed may be imported from England upon payment of fourty shilling more than the ordinary custome per boll if fairly imported and entered, or otherwayes the said import of the said wheat, pease and beans though by land shall be judged an unlawfull import and lyable to the pains abovementioned, attour the confiscation of the horses that shall be made use of for the said import. And farder, for preventing all fraud in this matter, under the colour of transporting victual from one port or place in the western shires mentioned in the said act jM vjC and seventy two, it is statute and ordained that the transporters thereof shall bring certificats from the heretors or their factors upon whose lands the said victual transported grew, testifieing the same in the precise quantity and quality to be the grouth thereof, which certificats shall be first shown to the judge ordinary of the port or place to which the said transport is made before the victual be livered or unloaded, otherwayes the foresaid victual shall be holden to be unlawfully imported and the importers, recepters, sellers, retaillers and the buyers abovementioned lyable to all the pains foresaid. Likeas, the granters of the said certificats, if found to be false or the said judge at the foresaid port or place to which the transport is pretended to be made failyieing in his duty or any wayes conniveing against the true meaning of this act, shall be lyable for the same pains as if unlawfull importers. And it is declared that the vessells wherein the said prohibited import is made may be not onely arreasted, leased or confiscat where and when the import is first made, but at any place or time thereafter within the space of two years. It is alwayes hereby provided that when by reason of dearth the prices of victual exceed the rates aftermentioned, viz. wheat twelve pounds the boll, bear barley, malt and meal eight pound per boll, and oats and pease six pound per boll, the lords of her majesties' privy councill shall have power, after due tryal by them taken, to suspend and discharge the execution of the said prohibitory acts for such space and time as the exigence of the said dearth shall require and no longer. As also, her majestie, with advice and consent foresaid, prohibites and discharges the importing into this kingdom of any horse, kine or other Irish cattle whatsoever and all kind of Irish beef upon any pretext whatsoever, and if any collector, surveyor or waiter shall connive at the importing of any such kine, horses, cattle beef or victual they shall ipso facto be deprived of their said offices and declared incapable of any publict office within this kingdom in time comeing, and that the importers shall incurr the penalties and certifications contained in this or any other former acts anent importation of any Irish victual or cattle. And hereby rescinds, casses and annulls all acts and clauses of acts impowering the lords of privy councill to give licence for importing horses, nolt or other cattle beef or victual except in the case of dearth foresaid.
[1703/5/198]*[print] [email] [cite] [preceding] [following]
Our sovereign lady and estates of parliament, considering that by the ninth act, ninth session King William's parliament, intituled, act dischargeing the exportation of wool it is declared that, notwithstanding the general prohibition yet as to the export of English and Irish wool, the prohibition should onely endure to the then next session of parliament inclusive, whereby the prohibition is terminat, and her majestie and estates of parliament also considering the prejudice that would arise to the manufactories of this nation and improvement thereof by exporting English or Irish wool do, therefore, continue the prohibition as to English and Irish wool untill the next session of parliament inclusive, and all persons whatsoever are hereby discharged upon any pretence to export any sort or kind of wool under the pain and penalties contained in the act abovementioned. Provideing allwayes that notwithstanding any thing in this act, or the foresaid act or any former law, it shall be leisum to export all sorts of sheeps skins and lamb skins with wool upon them or otherwayes untill the said next session of parliament inclusive, declaring, nevertheless, that it shall not be lawfull to export such skins from any other ports within this kingdom excepting these of Borroustounness, Newport-Glasgow and Dumfreis. And her majestie, with advice and consent foresaid, ordaines the said skins to be packed at the said ports in presence of the collector or surveyor thereof, who shall be oblidged to seal the said packs gratis without delay, with power to any of the woollen manufactories or deaconries of the glovers within this kingdom to commissionat a person to attend at the said ports, and to concurr with the collector or surveyor in packing and sealing the said skins, which skins shall be lyable to a duty of five per cent of the value in place of all other duty to be exacted by the collector, without abatement (excepting mortlamb skins which are hereby allowed to be exported at any port in the nation free of any duty whatsoever) and the value of the said skins is to be according as the owner or exporter thereof shall estimat the same under his hand at or before sealing. And for preventing fraud, the owner or exporter shall be bound to sell the same at the estimat he puts upon them, the price being payed or really offered in ready money by the said person to be commissioned by the manufactories or glovers or any other persons who shall be oblidged to manufacture the same within the kingdom; and in case of such payment or real offer and refuseall of the price, the exportation is hereby prohibited. And it is hereby declared that albeit the wool, whither Scots, English or Irish, be not found or seized before exportation, nor the delinquents whether merchants exporters, masters, skippers of boats or barks, collectors, surveyors or waiters or other connivers, assisters or abbettors, their delinquencie or contravention of the foresaid act may be proven by their oath or otherwayes as accords of the law; and all this but prejudice of the foresaid act which still stands in its full force except in so far as it is hereby altered.
[1703/5/199]*[print] [email] [cite] [preceding] [following]
Our sovereign lady the queen's majestie and the estates of parliament, takeing to their consideration the great prejudice which the subjects of this kingdom do sustain through the want of tradesmen for makeing of lame, purslane and earthen ware which occasions the yearly export of great sums of money out of the kingdom, and that the leidges are not furnished with them here but at double charges of what they coast abroad and in other places where they are made, occasioned not onely by the high exchanges of money and sea hazard, but especially by the nature of that ware's being brittle in itself and subject to many accidents, all which must be reckoned and computed by the sellers, and considering also that the haveing of a pot-house and all conveniencies for makeing of the said lame and purslane and earthen ware will also imploy a great many of her majesties' leidges at home within the kingdom, and that William Montgomery of Mackbiehill and George Linn, merchant in Edinburgh, have offered upon their own charges to erect and set up a potthouse with kills, mills, warehouse and other conveniencies for makeing of the said lame, purslaine and earthen ware and to bring home workmen for that effect upon their own charges untill those of this nation be capable and instructed in the said trade, provideing they be allowed such priviledges and encouragements for such a certain number of years as the hazard of a project new in it selfe and lyable and subject to many miscarriages and accidents in the beginning and the uncertainty whither, when the same is erected, the clay of this kingdom will prove so good and sufficient as to proceed therein, therefore, our said sovereign lady and estates of parliament do hereby statute, enact and ordain that the said William Montgomery of Mackbiehill and George Linn, merchant in Edinburgh, their heirs and assigneyes and such other persons as they shall assume in company and society with themselves, shall not onely have and enjoy all priviledges of manufactory for makeing of the said lame, purslane and earthen ware contained in the act of parliament jM vjC and eighty one, and that both as to themselves and all other persons imployed by them in the said work or concerning the samen, but also do give and grant to the said William Montgomery and George Linn, their heirs and assigneyes and such other persons as they shall assume, as said is, the sole power of makeing the said lame or earthen ware within this kingdom for the space of fifteen years next to come, beginning from the date hereof, and prohibits and discharges all other persons to make any of the said lame, purslaine and earthen ware or to erect any pothouse for that purpose within this kingdom, dureing the time foresaid, without the speciall licence of the said William Montgomery and George Linn and their foresaids, first had and obtained thereunto, under the penalty of two thousand pounds, with power to the said William Montgomery and George Linn and their foresaids and to any commissioned by them to prosecute the contraveeners. It is hereby declared that this present act shall not stop or impede any person from bringing into this kingdom dureing the time foresaid from abroad any of the said lame, purslane and earthen ware or to sell the same as they could have done of before, nor shall this act stop or impede the makeing of such course earthen ware within this kingdom as is in use at this present time to be made therein. And lastly her majestie, with advice foresaid, revocks and rescinds any act or gift for makeing the said lame, purslane or earthen ware that hitherto hath not taken effect, and further declares that if the foresaid undertakers shall not set up the said manufactory between and Lambmass one thousand, seven hundred and five years, thir presents shall be thereafter of no force or effect. Extract.
[1703/5/200]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, with advice and consent of the estates of parliament, statutes and declares that it shall be lawfull from and after the date hereof to import into this kingdom all sorts of wines and other forreign liquors, any former act or statute in the contrary notwithstanding, which her majestie, with advice and consent foresaid, rescinds and declares void and null in so far as they are inconsistent with or contrare to this present act, the said wines or other liquors which shall be imported paying allwayes the former customes, excise and other duties, reserveing to the peers and barons of the kingdom the same immunities and freedoms from customes for wines which they had by the two hundreth [and] fifty first act, fifteenth parliament, King James the sixth.
[1703/5/201]*[print] [email] [cite] [preceding] [following]
Then her majesties' high commissioner made a speech to the parliament as follows.
My lords and gentlemen,
We have now past several good acts for our religion, liberty and trade which I hope will be acceptable to all her majesties' good subjects. I wish you had also given the supplies necessary for the maintaining of her majesties' forces and preserveing the peace and safety of the kingdom, but since I hope this may yet be done in due time, and that besides some questions and difficulties are fallen that in all probability yow have no time to determine, and that withall it is fitt her majestie should have time to consider upon some things that have been laid before her and, that we may know her mind therein more perfectly, a short recess seems at present to be necessary, and that this parliament be adjourned for some time. And, therefore, I have ordered my lord chancellour to adjourn this parliament till the twelvth day of October next.
[1703/5/202]*[print] [email] [cite] [preceding] [following]
The lord chancellour, by order of her majesties' high commissioner, adjourned the parliament till Tuesday the twelvth day of October next.
Finis