the Estates of Parliament Do hereby Ratifie and Approve the former Custom used by His Majesties Commissioners of Justiciary in proceeding against Pannals already in Prison and Indicted for Treason upon Twenty Four Hours but for the future His Majesty allows such Pannals to be Cited on Fourty Eight Hours And if the Pannals Represent such Defences to the Commissioners of Justiciarie within that time as may need an Exculpation His Majestie with Advice foresaid allowes the saids Commissioners to delay the Trial till the days elapse to which the Exculpation is to be rais'd IV. ACT Concerning Witnesses in Processes for Treason May 1. 1685. OUR SOVERAIGN LORD and Estates of Parliament Do Statute and Ordain That such as being Cited to be Witnesses in the Cases of Treason Field or House Conventicles or Church Irregularities do refuse to Depone they shall be Lyable to be Punished as Guilty of these Crimes respectively in which they refuse to be Witnesses It being alwayes hereby Declared that these Depositions so emitted shall not militate against the Deponent himself any manner of way V. ACT Declaring it Treason to Take or Owne the Covenants May 6. 1685 OUR SOVERAION LORD and Estates of Parliament Do hereby Declare that the Giâ—…ing or Taking of the National Covenant as Explained in the Year 1638. Or of the League and Covenant so commonly called or Writing in Defence thereof or Owning of them as lawful or Obligatory on themselves or others shall infer the Crime and Pains of Treason VI. ACT Obliging Husbands to be liable for their Wives Fynes May 6. 1685. OUR SOVERAIGN LORD Considering that the Lords of His Privy Council and otherâ—… Commissionated by His Majestie and them have Fyned Husbands for their Wives withdrawing from the Ordinances Doth with Advice and Consent of the Estates of Parliament Declare the said Procedure to have been Legal and Ordains the same to be Observed in all time coming And Ratifies all Decreets and Sentences granted against Husbands for such Fynes Reserving alwayes Power to the Lords of His Majesties Privy Council to Absolve or Mitigat the Fynes of such Husbands as are known to be of Loyal Principles VII ACT Anent Porterfield of Duchall And Concealing of Supply given to Rebels May 6. 1685. OUR SOVERAIGN LORD and Estates of Parliament Do Ratifie Approve and Confirm the Sentence of Forfaulture pronounced by the Commissioners of Justiciary against Iohn Porterfield sometime of Duchall and the Interlocutors and whole Procedure of the saids Commissioners in that Process And Declares that the same was conform to the Laws of this Kingdom And in general Statutes and Declares that the Concealing and not Revealing of Supplys Given to or Demanded for Traitors Forfaulted for Treason against the Kings Person or Government is Treason and to be Judged accordingly VIII ACT Against Preachers at Conventicles and Hearers at Field-Conventicles May 8. 1685. OUR SOVERAIGN LORD Considering the Obstinacy of the Fanatical Party who notwithstanding all the Laws formerly made against them Persevere to keep their House and Field-Conventicles which are the Nurseries and Rendezvouzes of Rebellion THEREFORE His Majesty with Consent of His Estates in Parliament Doth Statute and Ordain That all such as shall hereafter Preach at such Fanatical House or Field-Conventicles As also such as shall be present as Hearers at Field-Conventicles shall be Punished by Death and Confiscation of their Goods IX ACT For the more effectual Payment and Inbringing of His Majesties Rents and Revenues May 8. 1685. OUR SOVERAIGN LORD and the Estates of Parliament Considering the great Neglect and Remissness of the Sheriff Stewarts Baillies of Bailliaries and Regalities and their Deputs in their Discovering Collecting and Inbringing of His Majesties Rents and Revenues Constant and Casual And of the Feuars and other Vassals who are lyable for the Rents and Duties of His Majesties Property and the Chamberlains thereof whereby the Payment of the same is fallen very much in arrear And the Compting yearly in the moneth of Iuly according to former Acts of Parliament is greatly neglected THEREFORE the better to prevent the same for the future His Majesty with Advice and Consent of the Estates of Parliament not only Ratifies and Approves all former Laws and Acts of Parliament made for In-bringing His Majesties Rents and particularly the 15th Act 3d Session of the first Parliament K. Charles the 2d Ordaining the same to be put in full Execution Conform to the Tenor thereof But likewise further Statutes and Declares That in all time coming whatsoever Sheriff Stewart Baillie of Bailliarie or Regality or their Deputs or Chamberlains of His Majesties Proper Rents respectivè shall delay or neglect to Compear and Compt yearly in Exchequer in the Moneth of Iuly and accordingly receive their Aeques and Exoneration of all that can be Charged on them as due and payable by them to His Majesty That immediatly after they shall be Charged and Denunced for the same at the Mercat Cross of Edinburgh Conform to the former Laws and Practice And the Horning and Denunciation shall be duely Registrat that Persons so Denunced and Registrat shall ipso sacto amit loss and tyne during their life-time their Offices of Sheriff-ship Stewartry Bailliary or Chamberlanry whether the same be Heretable or during Life or Pleasure And it shall not be lawful for them by themselves or their Deputs to Exerce or Officiat therein at any time thereafter but the same shall vaik and fall in His Majesties hands without any Declarator or Process of Law As also that all Feuars and other Vassals of His Majesties Property who shall neglect or delay to compear yearly in the said Moneth of Iuly in Exchequer and make Compt and Payment of the Feu Blench or Taxt-ward-duties and others due and payable by them and receive their Aequies and Exonerations thereof accordingly So as two years thereof shall run together unpayed and that they shall be therefore Charged Denunced and Registrat as is abovementioned that immediately after the said Denunciation and Registration they shall be lyable for the double of the whole â—…eu Blench Taxt-ward or other Duties then due and payable by them and all Execution shall passe against them therefore Sicklike as if the same were mentioned and contained in the Reddendoes of their Infeftments And that by and attour and but prejudice of the penalties formerly Imposed and payable by the said Non-accomptants conform to former Laws And it is further Statute and Ordained That all Sheriffs Stewarts Baillies of Bailliaries and Regalities their Clerks and Clerk-deputs shall be holden and obliged to send Lists from time to time to the Lord High Thesaurer Thesaurer Deput or Clerks of Exchequer of all Wairds and Marriages as well Simple as Taxt that shall happen to fall and vaik in time coming or that are already fallen within their respective Jurisdictions bearing the time of the Decease of the Person by whom the same vaiks and of the Successor and their Age and whether Married or not Certifying
the pain of Deprivation And His Majesty with Advice foresaid allows the Justices to Nominat their own Clerks at their first meeting Attour His Majesty and Estates foresaid Give full Power Authority and Commission to the Lords of His Majesties Privy Council upon the Deceass of any of the Justices of Peace to nominat others in their place and to â—…et down and Impose Penalties upon such of the Justices as shall not keep and observe the Dyets prefixed for their several and particular Meetings according to former Acts and an Act made in this Parliament And with power likewise to the saids Lords of Privy Council to Enlarge and Amplify the Power and Authority of the saids Justices of Peace if they shall find it necessary and expedient And what the Council shall Decreet and Determine there-anâ—…nt Find and Declare that the same shall have the Force Strength and Power of an Act of Parliament It is alwayes Declared That Sheriffs Stewarts and Baillies of Bailliaries Regalities and Barronies are to Remain in the Possession and Exercise of their former Rights according to the Laws of the Kingdom Any thing in this Act notwithstanding XVII ACT For Taking the Oath of Allegiance May 22. 1685. OUR SOVERAIGN LORD With Consent of the Estates of Parliament Doth Ratifie Confirm and Approve what hath been done by His Majesties Privy Council Justice Court and these Commissionat by them In Banishing Imprisoning or Fyning such as Refused to Take and Swear the Oath of Allegiance And to Assert the Royal Prerogatives mentioned in the 11. Act Parliament 1. of King Charles the Second And further Ordains all the Subjects of this Kingdom to Take and Swear the Oath of Allegiance and to Assert the said Prerogatives whenever they shall be Required either by the Privy Council Justice Court or any Commissionat by them and that under the pain of Banishment Imprisonment or such other Pains and Punishments as shall be Determined by the Privy Council Justice Court or Commissioners foresaid not reaching to Life or Limb. XVIII ACT Concerning Vacant Stipends May 22. 1685. OUR SOVERAIGN LORD With Consent of the Estates of Parliament Statutes and Declares That the Vacant Stipends of all Churches in time coming shall be Employed on pious Uses within the respective Paroches by the Patron and more particularly for the Building and Repairing of Bridges Repairing of Churches or Entertainment of the Poor as the Patron shall determine Yearly and if he fail therein he shall lose his right of Presentation for the next Vice It is always Provided that the Vacant Stipends in the Diocesses of St. Andrews Edinburgh Dunkel Dumblain and Breichen for Five Years shall be Employed for Repairing of the Gair-bridge Crawmond-bridge and New-Liston-bridge and for the use of the University of St. Andrews The Vacant Stipends of the Diocesses of Glasgow and Galloway for the same number of Years to the use of the Colledge of Glasgow And these Vacant Stipends within the Diocess of Aberdene and Diocesses be-north the same for the use of the Old and New Colledges of Aberdene and Repairing of the Bridges within these Diocesses Excepting the Vacancies of the Diocess of Orknay which are hereby Ordained to be Applyed for Reparation of the Cathedral Church of Kirkwall during the the said Five Years And that at the Determination and Appointment of such Persons as shall be Nominat by the Privy Council for Overseeing thereof Which Five Years aforesaid shall Commence from this present Year 1685 and so Continue consequutively during the said Space And His Majesty With Consent foresaid Declares that after Expiring of these Five Years the Vacant Stipends do belong to the Patrons to be Employed by them for pious Uses within the respective Paroches aforesaid But prejudice always of the Maintainance of the Ministers Manse during the time of the Vacancy out of the first and readiest of the Vacant Stipends Conform to former Acts of Parliament and that not only during the said Five Years but in all time coming It is always hereby Declared That this Act is not to be extended to the Vacancies of these Churches whereof the Kings Majesty is Patron nor to Mensal and Patrimonial Churches belonging to Bishops XIX ACT Ratifying the Priviledges of the Senators of the Colledge of Iustice. May 22. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Doth Ratifie Approve and Confirm all Priviledges Liberties Freedoms and Immunities Given and Granted by His Majesty's Royal Predecessors to and in Favours of the Ordinary Senators of the Colledge of Justice and whereof they are in Possession and all Acts of Parliament Made and Conceived in their Favours and speciallie but prejudice of the Generality foresaid doth Ratifie the 8. Act of the 2. Session of the 2. Parliament of King Charles the second Concerning the Immunity of the Ordinary Lords of Session from all Burdens Imposed or to be Imposed by the Parliament And Declares that this Ratification shall be as sufficient and effectual as if all these Priviledges and Immunities and Acts of Parliament concerning the same were specially exprest and at length insert herein XX. ACT For Preserving Game May 27. 1685. OUR SOVERAIGN LORD And Estates of Parliament now presently Conveened Taking to their Consideration the great Decay of Game in this His Ancient Kingdom especially in the Low Countries notwithstanding of all the Laws and Acts of Parliament and Acts of Privy Council made thereanent by His Royal Predecessors which does principally proceed through the not vigorous Execution of the saids Laws and Acts and not Exacting of the Fines and Penalties therein-contained THEREFORE Our Soveraign Lord With Advice and Consent of the Estates of Parliament now presently Conveened Does Revive Renue Ratifie and Approve all the former Laws and Acts of Parliament made for preserving of the Game and the Act of His Majesties Royal Brother of blessed Memory King Charles the Second with the Advice of His Privy Council of the date the 9. day of Iune 1682 years with the whole Laws and Acts of Parliament therein-narrated of which Act the Tenor follows A Proclamation Reviving the Laws anent Hunting Hawking Fishing and appointing Masters of the Game CHARLES by the Grace of GOD King of Great-Britain France and Ireland Defender of the Faith To Macers of Our Privy Council or Messengers at Arms Our Sheriffs in that part conjunctly and severally specially constitute Greeting We taking to Our Consideration the great prejudice the Kingdom doth sustain in the Decay of Deer Roes and Wild-fowl and that there is not only danger of an utter decay of so useful Creatures but the Manly exercises of Hunting and Hawking is like to be altogether neglected And albeit Our Royal Progenitors have made many good Laws to prevent and repair this great evil and mischief and against the destroying of Smolts and Trouts with Creels and other Engines anent Cruives and Zairs steeping of Lint in Rivers Lochs and Burns where Fishes are which good Laws although they be
of this Kingdom and other places needful and there in Our Name and Authority by open Proclamation make publication of Our Royal Will and Pleasure in the Premisses that none may pretend ignorance but give chearful and punctual obedience thereto The which to do We commit to you conjunctly and severally Our full power by these Our Letters Delivering them by you duely execute and indorsed again to the bearer Given under Our Signet at Edinburgh the eighth day of July One thousand six hundred eighty two years and of Our Reign the thirtieth and fourth year And Declares the same shall have the effect of an Act of Parliament And ordains the saids Acts and Proclamation to be put vigorously in execution XXVI ACT Concerning Adjudications for Fines June 2. 1685. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That all Adjudications and Apprysings Led or to be Led for Fines Imposed or to be Imposed by His Majesties Privy Council Commissioners of Justiciary or any other His Majesties Judges for the Crimes of Reset Intercommuning Concealing of Treason Conventicles Irregular-Baptisms Marriages or other Church Disorders or Irregularities where the Adjudication or Comprysing does not exceed or shall be restricted to Lands not exceeding the value of the Fines Imposed the Legal shall expire within year and day after Deducing of the Adjudication or Comprysing And it is hereby Declar'd that in case of Competition and Concourse of several Diligences within year and day betwixt the King or His Donator and a Creditor which by the Law comes in pari passu The King or His Donator shall be preferr'd and have His Election of His proportion of the Lands of which the Legal shall expire within year and day in manner foresaid That proportion not exceeding the sum contained in the Adjudication And it is hereby Declared That this Act is only to be extended to Adjudications for Fines already Imposed or to be Imposed betwixt and the next Session of Parliament XXVII ACT For Securing Sea-Passengers June 2. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Statutes and Ordains That all Masters of Ships who bring Home any Passenger who is not a Sea-man and of his Ship-Company shall at his Arrival and before he suffer the saids Passengers to depart bring them before the nearest Magistrat that the saids Passengers may give account of themselves so as to free them of all suspition to the said Judge who is to secure them until they give such an account And also Forbids an Prohibites any Master of any Ship to export any Passenger who is not a Sea-man and of their Ship-Company until he bring the said Passenger before the next Magistrat to whom they shall give account of themselves in manner foresaid and the Master of the Ship shall have a Testificate of his so doing under the said Magistrats Hand and Seal before whom he compears for which he shall pay only half a Merk under the pain of such Fines and Personal Punishment as His Majesties Privy Council shall think fit to inflict on the Master of any Ship who contraveens this Law And this to continue during His Majesties Pleasure XXVIII ACT and COMMISSION For Plantation of Kirks and Valuation of Teinds June 2. 1685. FORASMUCH As His Majesties Father of ever blessed Memory out of His Royal Care and Zeal for the Reformed Religion within this Kingdom and the Maintainance and Provision of the Ministry and Churches thereof and the Peace of the Kingdom and for preventing and settling all Differences that did or might arise betwixt Titulars and others having Right to Teinds and Heretors concerning the Leading and Drawing of their Teinds And immediatly after His Attaining and Succeeding to the Crown Gave furth and emitted His Royal Declaration anent the Premisses and the other Particulars therein-specified And in pursuance of the ends foresaids divers Laws and Acts of Parliament were made in the Year of Our Lord 1633 His said Majesty being then present in His Royal Person and since divers Acts of Parliament and Commissions have been made given and renewed to that purpose and particularly by the 15 Act of the 3d Session of the 2d Parliament of K. Charles the Second His Majesties Umquâ—…ile Royal Brother of ever blessed Memory And His Majesty being resolved and desirous to prosecute so good a Work for the universal good of His Subjects and especially for the encouragement of the Ministers of the Gospel THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Gives full Power and Commission to His Majesties Officers of Estate for the time being and to the Arch-Bishop of St. Andrews the Arch-Bishop of Glasgow the Bishop of Edinburgh the Bishop of Dunkell the Bishop of Galloway the Bishop of Isles the Bishop of Breichen the Bishop of Dumblane the Bishop of Aberdeen the Duke of Hamiltoun the Marquess of Dowglas the Earl of â—…ol the Earl of Marischal the Earl of Mar the Earl of Strathmore the Earl of Linlithgow the Earl of Southesk the Earl of Tweddale the Earl of Belcarras the Lord President of the Session the Lord Pitmâ—…dden the Lord Forrâ—… the Lord Râ—…dfoord the Lord Boyne the Lord Dâ—…irn the Lord Balcaskie Sir William Bruce of Kinross Sir George Lockhart of Carnwath Sir Archibald Cockburn younger of Lantoun Hugh Wallace of Inglistoun Sir George Drummond of Miln-nab Charles Murray of Hadden Alexander Mill of Carriâ—… Sir Alexander Bruce of Broomhall Sir Patrick Murray Iames Iohnstoun Provost of Glasgow Mr. Robers Innes Writer to the Signet Sir George Skeen Provost of 〈◊〉 Iames Flâ—…her Burgess of Aberdeen Iohn Dempster of 〈◊〉 or any Eleven of them to be a Quorum whereof Two of every Estate to Mâ—…et and Conveen at Edinburgh the day of yearâ—… and such other Place or Places Times or Dieâ—…s as they shall appoint to value and cause be valued whatsoever Teinds great or small Parsonage or Vicarage within this Kingdom which are yet unvalued Declaring that where the Vicarage of any Paroch is a several Benefice and Title from the Personage the same shall be severally valued to the effect the Titulars or Ministers serving the â—…re having right to the said Vicarage be not frustrated of the true worth thereof with Power to the saids Commissioners or Quorum foresaid to appoint Committees or Sub Committees of their own number and to grant Sub Commissions and to receive Reports from them anâ—… to approve or disapprove the same as they shall find just and to Rectifie whatsoever Valuations led or to be led to the enorm prejudice of the Titulars or the hurt and detriment of the Church and prejudice of the Ministers Maintainance and Provisions Providing always Likeas it is hereby expresly Provided and Declared That where Valuations are lawfully led against all Persons having Interest and allowed by former Commissions the same shall not be drawn in Question nor Rectified upon pretence of enorm lesion at the instance of the
Parliament Currant and Adjourns the same to the last Tuesday of October next 1685. And Ordains all Members of Parliament to attend that Day And that there be no new Elections of Commissioners from Shires or Burghs except upon the Death of some of the present Commissioners Collected and Extracted from the Registers and Records of Parliament by TARBAT Cls. Reg. A TABLE Of the Printed ACTS 1 ACT For Security of the Protestant Religion Pag. 1 2 A Declaration and Offer of Duty by the Kingdom of Scotland with an Annexation of the Excise to the Crown Pag. 2 3 Act concerning Citations in Processes for Treason Pag. 3 4 Act concerning Witnesses in Processes for Treason Pag. Ibid. 5 Act Declaring it Treason to Take or Owne the Covenants Pag. Ibid. 6 Act Obliging Husbands to be lyable for their Wives Fines Pag. Ibid. 7 Act anent Porterfield of Duchal and Concealing of Supply given to Rebels Pag. 4 8 Act against Preachers at Conventicles and Hearers at Field-Conventicles Pag. Ibid. 9 Act for the more effectual Payment and Inbringing of His Majesties Rents and Revenues Pag. Ibid 10 Act concerning Judicial Confessions before the Commissioners of Iusticiary Pag. 5 11 Act Obliging Persons to accept Offices Pag. Ibid. 12 Act of Supply Pag. 6 13 Act for Taking the Test. Pag. 15 14 Act Explaining the 9th Act of the Parliament 1669. concerning Prescriptions Pag. Ibid. 15 Act Explaining the 10th Act of the Parliament 1669 anent Interruptions Pag. 16 16 Act anent Iustices of Peace Pag. Ibid. 17 Act for Taking the Oath of Allegiance Pag. 17 18 Act concerning Vacant Stipends Pag. Ibid. 19 Act Ratifying the Priviledges of the Senators of the Colledge of Iustice. Pag. 18 20 Act for preserving Game Pag. Ibid. 21 Act against stealing of Dogs and Hawks Pag. 21 22 Act concerning â—…ailzies Pag. Ibid. 23 Act Ratifying the Opinion of the Lords of Session anent these who refuse to Depone anent the late Treasonable Proclamation 1684. Pag. 22 24 Act Ordaining that Tennents be obliged by their Tacks to live Regularly Pag. Ibid. 25 Act Ratifying two Acts of Parliament and a Proclamation of Council anent apprehending of Rebels Pag. 23 26 Act concerning Adjudications for Fines Pag. 24 27 Act for securing Sea passengers Pag. 25 28 Act and Commission for Plantation of Kirks and Valuation of Teinds Pag. Ibid. 29 Act concerning Citations before Circuit Courts Pag. 27 30 Act approving the Narrative of the Plot. Pag. Ibid. 31 Act for security of the Officers of State and others Pag. Ibid. 32 Act concerning the Militia Pag. 28 33 Act for security of the Records Pag. Ibid. 34 Act for Poll-mony Pag. Ibid. 35 Act anent Messengers Fees Pag. 29 36 Act anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland to His Sacred Majesty against the Arch-Traitor Archibald Campbel sometime Earl of Argile Pag. Ibid. 37 Act for the Clergy Pag. 30 38 Act concerning the Registration of Writs in the Books of Session Pag. 31 39 Act in Favours of Planters and Inclosers of Ground Pag. 32 40 Act of Annexation of the Offices belonging to the late Earl of Argile Pag. Ibid. 41 Act Declaring the Green-land-fishing to be a Manufactory Pag. 33 42 Act of Annexation of several Lands to the Crown Pag. Ibid. 43 Act in Favours of the Inhabitants of Orkney and Zetland Pag. 36 44 Act For a Standart of Miles Pag. Ibid. 45 Act in Favours of Sir William Bruce for enlarging the Shire of Kinross Pag. Ibid. 46 Act Salvo Iure Cujuslibet Pag. 38 47 Act of Adjournment Pag. 39 A TABLE Of the Acts and Ratifications past in the First Session of His Majesties First Parliament and which are not here Printed PRotestation by some Noblemen and Others Commissioners from Shires and Burghs concerning their Precedency in the Rolls of Parliament His Majesties Letter to the Parliament With the Parliaments Answer Record of the Production of the Patent of Honour granted by His Majesty to the Viscount of Tarbat and his Admission Act for several Yearly Fairs and Weekly Mercats to some Noblemen and Others Act in favours of the Viscount of Tarbat Act in favours of the Lord Advocat Act Ratifying and Approving the late Earl of Argiles Forfaulture Act Ratifying and Approving the Sentence of Forfaulture against the late Mr. Robert Baillie of Ierviswood Act Ratifying and Approving the Sentence of Forfaulture against Hamilton of Monckland Act for a Commission anent the Estate of the late Earl of Argile Act in favours of the Viscount of Tarbat for changing an High-Way Remit from the Parliament to the Kings Majesty concerning the Earls of Roxburgh and Lothian Act Concerning Trade and Manufactories Act for a Commission of Trade Commission for Regulation of Inferiour Judicatories Decreet and Sentence of Forfaulture against Sir Iohn Cochran Decreet and Sentence of Forfaulture against Sir Patrick Home of Polwart Decreet and Sentence of Forfaulture against Pringle of Torwoodlie Decreet and Sentence of Forfaulture against Mr. Robert Martine sometime Clerk to the Justice Court Decreet and Sentence of Forfaulture against Thomas Stuart of Cultness Decreet and Sentence of Forfaulture against Mr. Robert Ferguson Decreet and Sentence of Forfaulture against the late Lord Melvill Decreet and Sentence of Forfaulture against the Lairds of Cessnock elder and younger Decreet and Sentence of Forfaulture against David Montgomery of Langshaw Act in favours of the Children of Sir William Primrose Act Remitting the Processes of Treason Depending before the Parliament to the Justice Court Act Reducing the Conversion of the ancient Few-Duties of the Estate of Argile Act for Sowing Pease and Beans and Inhibiting the Casting up of Ground within the Shiâ—…e of Aberdeen Act in favours of the Burgh of Innerness Act in favours of the Burgh of Aberdeen Act in favours of David Areskine of Dun. Act in favours of the Town of Dalkeith Act in favours of Sir Patrick Frazer of Doors Act in favours of the Town of Linlithgow Act for Exacting a Petty Custom at several Bridges Ratification in favours of the Duke of Gordon Protestation the Earl of Marischal against the same Protestation the Bishop of Aberdeen against the same Protestation the Earl of Finlater against the same Protestation the Laird of Drum against the same Protestation Sir Iohn Gordon in behalf of the Duke of Gordon against the foresaids Protestations Ratification in favours of the Earl of Mar. Ratification in favours of the Earl of Monteith Three Ratifications in favours of George Viscount of Tarbat Ratification in favours of the Royal Colledge of Physicians Protestation the Town of Edinburgh against the same Ratification in favours of Mr. Roderick Mackenzie of Prestounhall Ratification in favours of the Earl of Southesk Ratification in favours of Hugh Wallace of Inglistoun Ratification in favours of Mr. Iohn Richardson and Iohn Drummond Protestation Sir Iames Rocheid and Iames Hamilton against the same Ratification in favours of Aeneas M cleod Ratification in favours of Sir Robert Lowrie of Maxweltoun Ratification in favours of Duncan Toshich of Monyvaird Ratification in favours of Collonel Iames Dowglas and Robert Bartoun Ratification in favours of the Apothecaries in Edinburgh Protestation the Chirurgian-Apothecaries against the same Ratification in favours of Christopher Irving Ratification in favours of Collonel Barclay of Ury and his Son Ratification in favours of the Trades of Edinburgh Protestation the Trades of the Cannongate against the same Ratification in favours of the Bonet-Makers and Litsters of Edinburgh Protestation the Weavers of the Cannongate against the same Ratification in favours of the Burgh of Innerness Ratification in favours of Iohn Scot of Comistoun Ratification in favours of Iames Miln Ratification in favours of Mr. David Dewar Advocat Ratification in favours of Donald M cdonald of Moydart Ratification in favours of Sir William Bruce of Kinross Ratification in favours of Sir Iohn Murray of Drumcairn Ratification in favours of the Laird of Drum Ratification in favours of Sir George Mackenzie His Majesties Advocat Ratification in favours of Iames Caddel of Muirtoun with an Erection of the Lands of Blackstoh in an Burgh of Barony Ratification in favours of the Baxters of Edinburgh Protestation the Baxters of the Cannongate against the same Ratification in favours of Mr. David Grahame Tutor of Gorvy Ratification of an Act of Convention of the Burrows in favours of the Burgh of Barony of Cromarty Ratification in favours of Mr. Roderick Mackenzie of Dalvenan Ratification in favours of Iohn Lawder of Fountainhall and Sir Iohn Lawder his Son Ratification in favours of Sir Iohn Gordon of Rothemay Protestation the Town of Forrest against Iames Caddel of Muirtouns Ratification Act in favours of the Bishop of the Isles Decreet of Precedency in favours of the Earl of Strathmore FINIS
THE LAWS and ACTS Made in the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD King of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 23. of April 1685. By His Grace WILLIAM Duke of Queensberry Marquess of Dumfreis-Shire Earl of Drumlanrig and Sanqhuar Viscount of Nith Torthorwald and Ross Lord Dowglas of Kinmount Midlebie and Dornock c. Lord High Thesaurer of Scotland His Majesties High Commissioner for holding this Parliament by vertue of a Commission under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Collected and Extracted from the Registers and Records of Parliament by GEORGE Viscount of Tarbet Lord M c Leod and Castle-haven c. Clerk to His Majesties Council Registers and Rolls c. EDINBURGH Printed by the Heir of Andrew Anderson Printer to His most Sacred Majesty Anno DOM. 1685. Cum Privilegio GOD SAVE KING JAMES THE SEVENTH LAWS and ACTS Made in the FIRST PARLIAMENT Of Our most High and Dread SOVERAIGN JAMES VII By the Grace of GOD King of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 23. of April 1685. I. ACT For Security of the Protestant Religion April 28. 1685. OUR SOVERAIGN LORD with Consent of the Estates of Parliament Convâ—…ned Ratifies and Confirms all the Acts and Statutes formerly past for the Securitie Liberty and Freedom of the true Church of GOD and the Protestant Religion presently professed within this Kingdom in their whole Strength and Tenor as if they were here particularly set down and exprest II. A Declaration and Offer of Duty by the Kingdom of Scotland with an Annexation of the Excise to the Crown April 28. 1685. THE ESTATES OF PARLIAMENT now Conveened by His Majesties Soveraign Authority Taking into their Consideration how this Nation hath continued now upwards of Two Thousand Years in the unaltered Form of Our Monarchical Government under the un-interrupted Line of One Hundred and Eleven Kings whose Sacred Authority and Power hath been upon all signal Occasions so owned and assisted by Almighty GOD that Our Kingdom hath been protected from Conquest Our Possessions defended from Strangers Our Civil Commotions brought into wished Events Our Laws vigorously Executed Our Properties legally Fixed and Our Lives securely Preserved so that We and Our Ancestors have enjoyed those Securities and Tranquillities which the greater and more flourishing Kingdoms have frequently wanted Those great Blessings we owe in the first place to Divine Mercy and in dependance on that to the Sacred Race of Our Glorious Kings and to the solid absolute Authority wherewith they were Invested by the first and fundamental Law of Our Monarchy nor can either Our Records or Our Experience instance Our being deprived of those happy Effects but when a Rebellious Party did by Commotions and Seditions Invade the Kings Soveraign Authority which was the cause of Our Prosperity yet so far hath Our primitive constitution and fundamental Laws prevailed against the Innovations and Seditions of turbulent Men as that these Interruptions never terminated but either in the Ruine or at least the Suppression of these who at any time did Rebel or Rise in Opposition to Our Government And since so many Ages hath assured to Us the great advantages which flow down to all Ranks of People from the happy Constitution of Our Monarchy and that all Our Calamities have ever arisen from seditious Invasions upon these Sacred Rights THEREFORE The Estates of Parliament for themselves and in name of the whole Kingdom judge themselves obliged to Declare And they Do Declare to the World that they abhor an detest not only the Authors and Actors of all preceeding Rebellions against the Soveraign but likewise all Principles and Positions which are contrary or derogatory to the Kings Sacred Supream Absolute Power and Authority which none whether Persons or Collective Bodies can participat of any manner of way or upon any Pretext but in Dependance on him and Commission from him And as their Duty formerly did bind them to owne and assert the just and legal Succession of the Sacred Line as unalterable by any Humane Jurisdiction So now They hold themselves on this occasion obliged for themselves and the whole Nation Represented by them in most humble and dutiful manner to 〈◊〉 the hearry and sincere Offer of their Lives and Fortunes to Assist Support Defend and 〈◊〉 King Iames the Seventh their present Glorious Monarch and His Heirs and lawful Successors in the possession of their Crowns Soveraignty Prerogatives Authority Dignity Rights and Possessions against all Mortals And withall to assure all His Enemies who shall aâ—…venture on the Disloyalty of disobeying his Laws or on the Impiety of Invading his Rights that such shall sooner weary of their Wickedness then they of their Duty and that they firmly Resolve to give theiâ—… intire Obedience to His Majesty without Reserve and to concur against all His Enemies Forraign or Intestine And They solemnly Declare That as They are bound by Law so they are voluntarly and firmly Resolved that all of this Nation betwixt Sixty and Sixteen Armed and Provided according to their Abilities shall be in readiness for His Majesties Service where and as oâ—…t as it shall be His Royal Pleasure to Require them And since the Excise of Inland and Forraign Commodities granted to King Charles the Second of ever Blessed Memory by the 14. Act of the Parliament 1661 during all the days of his Lifetime and Prorogate by the 8. Act of the Parliament 1681. for Five Years thereafter will shortly Terminat And the Estates of Parliament Considering the usefulness of this Grant to Support the Interest of the Crown Do as the first Evidence of their Sincerity in the foresaid Tender of their Duty Humbly and Unanimously Offer to His most Sacred Majesty King Iames the Seventh their present Monarch and to His Lawful Heirs and Successors in the Imperial Crown of Scotland the said Excise of Inland and Forraign Commodities exprest in the said 14. Act of Parliament 1661 to be Collected in the manner prescribed by the said 8. Act of the Parliament 1681. for ever And His Majesty and Estates of Parliament by the force of this Act have United Annexed and Incorporated and Unites Annexes and Incorporats the same to the Crown of this Realm to Remain therewith in annexed Property in all Time coming And in respect that the alteration in the method of Collecting the Inland Excise from what it was by the Act 1661 to that prescribed by the 8. Act Parliament 1681. will require some time to Establish it in Collection THEREFORE His Majesty with Consent of the Estates Continues the Collection prescribed by the 14. Act Parliament 1661 for the said Inland Excise for Six Moneths from the first of May next allanerly III. ACT Concerning Citations in Processes for Treason May 1. 1685. OUR SOVERAIGN LORD with Advice and Consent of
all such Clerks as shall not before the first-day of November next to come report in Exchequer the Lists under their hands of all such bygone Casualities fallen preceeding the date hereof and thereafter from time to time within six moneths after the same shall happen to fall and vaik if the persons die within the Kingdom That they shall amit lose and tyne their Office of Clerk-ship to be immediately disposed on by these who shall have right thereto without any Declarator or other Process whatsoever And to the effect they may the better know the tenor of the holding of all Lands within their respective Jurisdictions His Majesty with Advice forsaid Ordains the saids Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs at the next Michaelmass Head-Court and at such other Dyets as they shall think convenient to cause all the Vassals within their respective Jurisdictions produce before them their Charters to the effect the Clerks may record the Reddendoes thereof in their Books who are ordered immediately thereafter to return them to the Parties without payment of any money for the same And Ordains Letters of Horning to be directed against those who shall fail to produce their Charters as said is And it is hereby declared that in all time coming when poynding is used for the Kings proper Rents the Apprising of the Goods poynded may be al 's Legally done upon the Ground of the Lands allenarly as if the samine were Apprised at the Mercat Cross of the head Burgh of the Jurisdiction notwithstanding of any Law or Practice in the contrary X. ACT Concerning Iudicial Confessions before the Commissioners of Iusticiary May 8. 1685. THE KINGS MAJESTY and Estates of Parliament Do hereby Statute and Declare all Confessions of Parties after they have received an Indictment in the Case of Treason against the Kings Person or Government allenarly Emitted before the Commissioners of Justiciary Sitting in Judgment and Subscribed by the Pannal or by the saids Judges in the Case where the Pannal owns the Confession as it is Reduced in Writ and yet either cannot or refuses to Subscribe shall be Considered as a Judicial Confession and shall be as Probative to Assizes as if the same had been Emitted in presence of the Assize notwithstanding of the 90. Act of the 11 Parliament of King Iames the Sixth and that if Assizers Assoilzie notwithstanding of such Confessions they shall be lyable to a Process of Errour and this Law to be of force only to the next Session of Parliament and the 90. Act of the 11. Parliament of King Iames the Sixth is to continue in its full force as to all the rest of its Tenor and Contents XI ACT Obliging Persons to Accept Offices May 8. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Do hereby Statute and Declare That if any of His Majesties Subjects within this His Ancient Kingdom shall Refuse to Accept the Office of Magistrats Justices of Peace Constables Officers in the Militia or any other Employment laid on them by the King or Council They shall be Fyneable for their said Contempt unless they can propone such reasonable Excuses as may satisfie the Lords of His Majesties Privy Council to whom the Execution of this Act is Remitted And this without Prejudice of any former Right or Priviledge given to the Royal Burrows for Obliging Burgesses to Accept of Offices and Employments within Burgh XII ACT of Supply May 8. 1685. THE ESTATES OF PARLIAMENT Calling to mind the many great Blessings they have and do enjoy under the Protection of the Royal Government and especially by the many Deliverances from the Rebellious Insurrections and Designs of Fanatical Traitors from whom they could expect no less then Confusion in Religion Oppression in their Estates and Cruelty against their Persons and Families And that the terrour of His Majesties Forces hath been very Instrumental for procuring our present Security But considering that not only these Enemies continues their inveterat hatred against King and People but that their frequent Disappointments have heightned their Melice to Despair and that the present Forces may be too few to undergo all the Fatigue which His Majesties Service or the Protection of the Countrey doth Require And to demonstrat to all Seditious Men that this Nation is resolved to bestow all they have in the Kings Service rather than to be exposed to the least of their Insults Do therefore for themselves and the Nation represented by them Make a hearty and dutiful Offer to His Majesty of Two Hundred and Sixteen Thousand Pounds yearly payable at two Terms viz. Whitsunday and Martinmass each year beginning at Whitsunday next 1685 and so furth Termly and that over and beside the Five Moneths Cess already Imposed on this Kingdom by the 3. Act of the Parliament 1681 whereby there will be Four Moneths Cess payable at each Term hereafter beginning at Whitsunday next 1685. And as a further evidence of their entire Affection to the Sacred Person of His present Majesty they humbly and heartily offer a Continuation and Prorogation of the said Four Moneths Cess termly from the said Term of Whitsunday 1685 inclusivè during all the Terms of His Majesties Lifetime which God Almighty long preserve that being the greatest of our Earthly Wishes as it is the chief of our Temporal Felicity and Glory And for the better and more speedy inbringing of Payment of the saids Eighth Moneths Cess the Kings Majesty with Advice and Consent of the Estates of Parliament Nominats Appoints and Ordains the Persons underwritten to be Commissioners within the respective Shires for Ordering and Uplifting of the saids Eighth Moneths Cess viz. For the Shire of Edinburgh The Earl of Lawderdale the Earl of Lothian the Viscount of Oxfuird the Viscount of Tarbet the Lord Torphichen the Master of Balmerinoch the Lord Advocat the Lord Justice Clerk the Lord Reidfuird the Lord Edmingstoun the Lord Newbyth Sir Iohn Maitland of Ravelrig Sir Iohn Dalmahoy of that ilk Sir William Nicolson of that ilk Sir Iohn Fowlis of Ravelstoun Sir Alexander Gibson of Pentland Sir Iohn Clerk of Pennycook Sir William Drummond of Hathorndean Sir Patrick Nisbet of Dean Sir Iohn Young of Leny Sir William Murray of Newtoun Hugh Wallace of Inglistoun Sir Iohn Ramsey of Whitehill Sir Robert Baird of Sauchtounhall Sir William Sharp of Stony-hill Sir William Binning of Wallyford Sir Iames Dick of Priestfield Henry Trotteâ—… of Mortounhall Thomas Craig of Riccartoun Alexander Nisbet of Craigintinny Robert Miln of Barntoun Patrick Hamilton of Falla Iohn Cunninghame of Woodhall Mr. Walter Pringle of Graycruik Mr. Iames Deans of Woodhouslie Mr. Rodorick Mackenzie of Prestounhall Mr. David Watson of Sauchtoun Iohn Fowlis of Ratho Iames Baird younger of Sauchtounhall Iames Murray younger of Deuchar Charles Murray of Hadden Sir William Hope of Grantoun Mr. Iames Hunter of Murrayes the eldest Baillie of Musselburgh for the time the eldest Baillie of Dalkeith for the time
where the saids Quarters are owing Providing the saids Quarters exceed not two parts of their Pay And which stated Accompts are to be allowed to the respective Collectors by the Collector-general and to be by him retained off the first end of the Troops or Companies Pay And in case the Officers remove before their Accompts can be stated In that case the Collectors of the Shires and Burghs are to retain what after tryal the saids three Commissioners shall find resting till the Accompts be stated in manner foresaid And His Majesty with Advice of His Estates Doth Declare That no persons lyable in any part of this Supply shall be holden to produce their Discharges or Recepts of the same after ilk fifth year Commencing from the Date of this Act unless where Diligence hath been done by Denunciation before elapsing of the said fifth year XIII ACT For Taking the Test. May 13. 1685. OUR SOVERAIGN LORD With Consent of the Estates of Parliament Statutes and Ordains That all Protestant Heritors Liferenters and Others having Right to Liferents Iâ—…re Mariti Wodsetters Tacksmen having Tacks for longer time than for Eighteen Years All Masters of Ships and such other Burgesses and Inhabitants of Burghâ—… whether of Royalty Regality or Barrony as are not Heretors and who shall be Appointed by the Privy Council shall take the Test Prescrived by the sixth Act of the Parliament 1681. Before the First Day of November for all such as Live be-south the River of Tay and before the first day of Ianuary next for all be-north Tay. And for that end that all Noblemen and their Eldest Sons above the Age of Eighteen Years shall Compear before His Majesties Privy Council All Masters of Ships and Burgesses aforesaid shall Compear before the Provost or Bailliffs of the Burgh to which they belong and all others foresaid before the Sheriff of the Shire where they live at some time before the said Days And there shall Swear and Subscrive the said Test before the Judge and Clerk of the Court with Certification that such as fail in Swearing and Subscribing the Test as said is shall be Punished in such Pecunial Sums as the Secret Council shall Determine To be Disposed of by His Majestie at His Royal Pleasure It is alwayes Declared that this Act Extends not to Women And all Clerks are hereby Ordained to send in Lists of such as have taken the Test within their Respective Jurisdictions to the Clerks of His Majesties Privy Council before the First Day of February next to come under the pain of losing their Office and to be Punished otherwayes as the Privy Council shall Determine But such as have already Sworn and Subscribed shall not be Obliged to Renew it on this Occasion And further His Majesty with consent foresaid Doth Ratifie and Approve what is already done in offering the Test by His Majesties Privy Council Justice Court or any Commissionate from any of them or by Sheriffs and other Magistrats Declaring the same to have been good Service to the King and Countrey XIV ACT Explaining the Ninth Act of the Parliament 1669 Concerning Prescriptions May 13. 1685. OUR SOVERAIGN LORD Considering That at making of the Ninth Act of the 1. Session of the 2. Parliament of King Charles the 2. Concerning Prescriptions in that part of it relating to Actions proceeding upon Warnings Spulzies Ejections Arreistments or for Ministers Stipends and others foresaid the Cases that existed before that Act were not taken into Consideration Therefore His Majesty with Consent of His Estates of Parliament Statutes and Ordains That all such Actions proceeding upon any Diligence mentioned in that Act already intended either before the said Act 1669. or since shall prescribe within five Years after the Date of this Act if they be not Wakened within that time And all Actions to be raised hereafter upon the foresaids grounds shall prescribe in five Years if they be not Wakened within that time And His Majestie Wills and Declares the foresaid 9th Act to stand in full force as to the rest of the tenor thereof XV. ACT Explaining the Tenth Act of the Parliament 1669 Anent Interruptions May 13. 1685. OUR SOVERAIGN LORD Considering that the Clause concerning Citations used for Interruption mentioned in the 10. Act of the 1. Session of the 2. Parliament of King Charles the 2. Hath left the Case of such Citations before the said Act undetermined His Majesty therefore with Consent of His Estates of Parliament Statutes and Ordains that all Citations used for Interruptions preceeding that Act shall prescribe within seven Years after the Date of this Act if they be not Renewed within that time And further Statutes and Ordains that in Citations for Interruption as to Rights of Lands and Wakenings thereof Copies of the Citation shall be affixed on the most patent Door of the Paroch Church and that over and beside what is required by the said Act anent these Executions XVI ACT Anent Iustices of Peace May 13. 1685. OUR SOVERAIGN LORD Considering the many Advantages which His Leiges might have had if the Justices of Peace had exerced their Function with that diligence which the Law required and the many Evils especially in Ecclesiastick Disorders and Irregularities which might have been prevented by their care For Remeid whereof in time to come His Majesty with the Consent of His Estates in Parliament Doth hereby Ratifie Approve and Confirm the 8. Act of the Parliament 1617 Intituled Act anent the Iustices for keeping of the Kings Peace and Constables The 25. Act of the Parliament 1633. And the 38 Act of the Parliament 166â—… Intituled Commissions and Instructions to the Iustices of Peace and Constables in the whole Heads Articles and Clauses contained in them And further His Majesty Gives full Power Authority and Commission to the saids Justices to put the Laws in Execution against all who shall be Guilty of Conventicles Irregular Baptisms and Marriages withdrawing from Church Ordinances and other such Disorders in so far as they are not Capital Conform to the Laws made thereanent And where the Crime is Capital they are to secure the persons and acquaint the Sheriff or other Judge ordinary thereof And it is Declared That in their proceedings against Church Irregularities Baptisms Marriages and Conventicles The Justices may proceed immediately without waiting any time after the Crimes are committed and their Clerk is appointed to send Information of their proceedings once in the Quarter to the Clerks of the Council as they will be answerable And for their further Encouragement His Majesty allows unto the saids Justices of Peace the Fynes of all except Heritors which shall arise from these Delinquencies judged by them to be employed for Explicating of their Jurisdiction as they shall think fit and for Discovering of what the Fynes of Heritors shall amount to The Clerks of these Courts are hereby appointed to send a subscribed List of them to the Clerks of Exchequer in the first week of November yearly under
yet in force unrepealled yet by the distraction of the late Times they have been less regarded these many Years by gone to the enorm lesion of Our People and contempt of Our Authority Have therefore with Advice of Our Privy Council thought fit to Revive all the Laws that stand yet unrepealled or innovate for preserving of Doe Roe Hares and Wild-Fowl and especially the 31 Act of the 23 Parliament of K. Iames the sixth whereby all Persons who are not Heretors are prohibited to Hunt or Hawk and that neither Heretor or other shoot Deer or Roe in time of Snow As also the 11 Act of the 4 Parliament of K. Iames the fifth and 210 Act of the 14 Parliament of K. Iames the sixth by which Letters are ordained to be direct charging all Keepers of His Majesties Forrests to permit no Pasturage within the Marches of the Forrests but that they seize and escheat them under the pain of loss of their Office and that Forresters of Forrests belonging to privat Men shall apprehend such as travel with Guns or Dogs in Forrests and carry them to the nearest Sheriff Stewarts of Stewartries Baillies of Bailliaries and Regalities or Justices of Peace to be secured to answer as accords of the Law and that all such of the Leidges who shall be required to concur to apprehend such Persons give ready Obedience as is ordained by the Forrest Laws cap. 15. and cap. 22. and these who conceal them be fined as Art and Part of the said fault And further We do hereby forbid all shooting of Hares or Herron at any time under the pains contained in the Acts of Parliament made thereanent Item That all Persons forbear to slay any Muir-fowl Heath-fowl Partridge Quail Duck or Mallard Tale or Atale or Tormichan from and after the first day of Lent to the first of Iuly yearly according to the 108. Act Parliament 7. K. Iames 1. excepting Water-fowl with Hawks in Dredging-time Item The 23 Act Parl. 16. K. Iames 6. Forbidding the killing of Muir-fowl-pouts before the first of Iuly Heath-pouts before the first of August or Partridge or Quail before the first of September yearly Item We Revive the 48 Act Parl. 4. K. Iames 4. Forbidding Muirburn after the last of March and the Masters to be lyable for all upon their Land And further We considering that Setting-Dogs and other Engines for killing of Fowl is a great cause of the scarcity of Game We do hereby prohibite and discharge all Persons to have or use Setting-Dogs unless he be an Heretor of one Thousand Pound of valued Rent and have express License of the Masters of Our Game within their several Bounds under the pain of Five Hundred Merks toties quoties in case of sailzie And We do hereby discharge all common Fowlers and Shooters of Fowl or any persons except they be Domestick-Servants to Noblemen or Gentlemen who are Heretors of One Thousand pounds Scots of valued Rent to have or make use of Setting-Dogs or Fowling-pieces under the pain of escheat of such Dogs or Guns and imprisonment of their persons for the space of six Weeks toties quoties Item We Revive the 210 Act Parl. 14. K. Iames 6. Whereby Shooting Hunting or Hawking within six Miles of Our Palace are Prohibited under the pains therein contained without express License of the Masters of the Game And seing the Fowls Hares and Roes are already so far destroyed that there is ground to fear a total decay thereof We therefore with Advice foresaid Do Revive the 23 Act Parl. 16. K. Iames 6. Forbidding all selling or buying of Deer Roe Hares Muir-fowl Tormichan Heath-fowls Partridge or Quail for the space of seven Years next ensuing the 20 day of Iune instant Year 1682 under the pains contained in the said Act And for the better discovery of the Contraveeners We do hereby give Warrand to the Masters of Our Game their Deputs or others impowered by either of them in their respective Bounds to make search for any of the saids Deer Roe Hates Muir-fowl Tormichan Heath-Fowl Partridge or Quail so killed in any suspect place within or without Burgh as well the Buyers as Sellers in Mercat or outwith the samine or Fowlers and to seize search secure and confiscate the same for their own use Item We do hereby Revive the 51 Act Parl. 6. Q. Mary Forbidding Hunting on other Mens Ground without leave of the Owner And whereas by the 11 Act Parl. 1. K. Iames 1. Cruives and Zairs set on fresh Water without express Infeftments of Salmond-fishing are ordained to be destroyed and put away for ever and that where Cruives are allowed by Infeftments that ilk Heck be three Inch wide which is ratified by the 73 Act Parl. 10. K. Iames 3. And by the 87 Act Parl. 14. K. Iames 2. It is statute that no Man set Vessels Creels Weirs Nets or any other Engine to hinder Smolts from going to the Sea and that Coups Masses Nets Prins set on Waters that has course to the Sea be destroyed and who holds them up to be lyable as destroyers of red Fishes Item That all Millers that slays Smolts or Trouts with Creels or any other Engine or any who Dams or Laves shall be punishable as Slayers of Red-Fish conform to the 73 Act Parl. 5. K. Iames 3. and where the Transgressours has no Means they are appointed to be put in Prison Irons or Stocks for the space of one Moneth upon their own Expenses and if they have it not of their own to be fed on Bread and Water conform to the 89 Act Parl. 6. K. Iames 6. And by the 13 Act Parl. 18. K. Iames 6. The steeping of Lint in Rivers Lochs or Burns where Fishes are is discharged and that under the pain of fourty Shilling Scots toties quoties and confiscation of the Lint Which good and ancient Laws yet standing unrepealled or innovate We have thought fit hereby to Revive and Ordain to be put in Execution Ordaining hereby the Masters of Our Game to require all Heretors and others to throw down all Cruives and Zaires set on fresh Waters without express Infestment of Salmond-fishing betwixt and the first day of Iuly next under the pain of an hundred pounds Scots to be uplifted off these who refuse and the Sheriffs and their Deputs to give speedy Justice therefore when desired by the Masters of the Game or their Deputs And We appoint the several Sheriffs and their Deputs Stewarts of Stewartries Bailiffs of Regalities and their Deputs and Magistrats of the next adjacent Burrows to concur with the Masters of Game for throwing down of the saids Cruives Creels Nets and Engines when they shall be required and if the saids Judges be found negligent that the foresaid Penalty be uplifted off themselves according to the 68 Act Parl. 9. of Q. Mary And to the effect the saids Laws may receive the more vigorous Execution We do hereby Commissionate the Persons following to be Masters of Game within the
Minister not being Titular or at the instance of His Majesties Advocat in respect of His Majesties Annuity except it can be proven that Collusion was used betwixt the Titulars and Heretors or betwixt the Procurator-Fiscal and the Heretors and Titulars which Collusion is declared to be when the Valuations are led with the diminution of the third part of the just Rent which diminution shall be proven by the Parties Oath and with Power to the saids Commissioners or Quorum foresaid where Ministers are not already sufficiently Provided or have not Localities already assigned to them for their Stipends out of the Teinds within the Paroch where they serve the Cure in so far as the same will amount to according to the Quantities Proportions and Rules contained in the 19 Act of the Parliament 1633 to Modifie Settle and Appoint constant Local Stipends to each Minister out of the Teinds of the Paroch where they serve the Cure With Power also to the saids Commissioners to grant recompence by prorogation of Tacks to Parties for all Augmentations of Stipends which are granted since the Year 1630 or shall be granted and that effeiring to the Augmentations already granted or to be granted as the saids Commissioners shall think sit And sicklike To disjoyn too large and spacious Paroches to cause erect and build new Churches to annex and dismember Churches as they shall think convenient and to take order that every Heretor and Liferenter shall have the leading and buying of their own Teinds if they be willing according to the Rules prescribed by the 19 Act and Commission granted by His Majesty with Consent of His Estates of Parliament in anno 1633 and the Acts of Parliament therein-mentioned with Power to Determine all Questions concerning the prices of Teinds betwixt Titulars and others having Right thereto and the Heretors and to appoint such Securities in favours of Titulars and others having Right to Teinds for their prices to be granted to the Heretors and others lyable in payment of valued Duties or Buyers of the saids Teinds and in favours of the Ministers as to their Maintainance as the saids Commissioners shall think fitting according to the Rules set down in the said Act 1633 And each Heretor whose Teinds belongs to Titulars of Erection to have power and liberty to buy the Teinds of his own Lands whether valued or not within the space of three years after the date of this Act With this Declaration always that in case the impediment during the time foresaid flow from the Titular by reason of his Minority or other inability in that case the Heretor who offered to buy his own Teinds within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space after-exprest And it is Declared That if the Heretor be Minor and his Tutor neglect the buying of his Teinds within the foresaid space the Minor shall have Action for two years after his Minority to compell the Titular to sell his saids Teinds And generally with Power to the saids Commissioners to Decide and Determine in all other points which may concern the Drawing or Leading of Teinds the Selling or Buying of the same or payment of the Rates thereof contained in the former Acts of Parliament or set down in the general Determination given out by His Majesties Royal Father of blessed Memory And if any Person or Persons shall find themselves grieved and complain of the injustice or exorbitancy of any Decreets or Sentences given in any of the Commissions during the time of the late Troubles With Power to the saids Commissioners to take the same to their Consideration and Alter Annul or Allow the saids Decreets and Sentences as they shall find just And it is always Provided and Declared That the Arch-Bishops and Bishops and other Beneficed Persons being Ministers and their Successors shall not be prejudged of the Rents whereof their Predecessors were in actual and real Possession and which by the Laws of the Kingdom were due to them in anno 1637 or whereof they are presently in Possession And that they shall be no further bound but according to the Provisions and Conditions exprest in the Submissions made by the Bishops to His Majesties Royal Father of blessed Memory of the Date the day of 1628 years and Registrat in the Books of Commission for Surrenders and Teinds upon the Fifteenth day of Iuly 1631. And whereas it may fall out that some of the saids Commissioners may be unable to attend the Service through Death Sickness or other known Impediment THEREFORE His Majesty Declares That He shall be careful to fill their places with other Persons qualified whose Oaths for faithful discharging of the same shall be taken by the Lord Chancellor or in his absence by the Lord President of the Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and the Acts Decreets and Sentences thereof to have the force strength and effect of a Decreet or Sentence of Parliament and the Lords of Session to grant Letters of Horning Poynding and other necessars to be direct upon the saids Decreets and Sentences in manner contained in the foresaids Commissions And His Majesty with Consent foresaid hereby Discharges all former Commissions Declaring the same to be expired XXIX ACT Concerning Citations before Circuit Courts June 2. 1685. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Do hereby Ratifie and Approve the practice of the Circuit Courts in citing persons even for Treason upon Porteous Rolls by Messengers or Sheriff-officers without imploying Heraulds or Pursevants which because of the Circumstances of the time place and number of the Pannals cannot be done in Circuit Courts And Declare that for the future it shall be lawful to cite before Circuit Courts after that manner It is alwayes hereby Provided that in cases of Treason the Messenger or Sheriff-officer and Witnesses to the Citation shall be Sworn upon the verity thereof XXX ACT Approving the Narrative of the Plot. June 4. 1685. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Having Read Seen and Considered a Narrative of the late horrid inhumane Conspiracy by that Execrable Traitor Archibald Campbel sometime Earl of â—…rgile and others and the Papers Ciphers and Instructions whereon the same is founded They Do Find and Declare that there has been a pernicious and treacherous Conspiracy carried on by him and others And they THEREFORE Approve the Discovery of the said Plot by the extraordinary Pains Exactness and Industry of the Lords of the Secret Committee Together with the Narrative Drawn and Printed by Authority of the Lords of His Majesties Privy Council as good and acceptable Service done by them for the Security of His Sacred Majesty and this His ancient Kingdom XXXI ACT for Security of the Officers of State and others June 4. 1685.
the said Archibald Campbel late Earl of Argile that execrable Traitor should be for ever secluded from Your Majesties favour and that Your Majesty would be pleased to Declare that he his Family and the Heretors Ring-leaders and Preachers who have joyned with him in this Rebellion should be for ever Declared uncapable of Mercy and bearing any Honours or enjoying any Estate within this Kingdom and to Discharge under all highest pains all Your Majesties good Subjects to interceed for him or them any manner of way And that all such as shall interpose for their Restauration shall incur the pain of Treason and that Your Majesty would be pleased in Your Royal Prudence to Inquire who have been the Assisters and Abaters either at home or abroad of this Treasonable Invasion by which Your Majesties Government has been so highly injured and maliciously arraigned and this your Kingdom so Disturbed and Harrassed to the end Your Majesty may Declare Your high Displeasure against them and every one of them to the Terror and Example of others In Return of all which We the Estates of this Your Majesties ancient Kingdom Do hereby most Cordially and Sincerely Offer with ouâ—… Lives and Fortunes to assist Your Majesty against this and all other Traitours their Adherents and Associats XXXVII ACT for the Clergy June 13. 1685. OUR SOVERAIGN LORD Considering how just and necessary it is and how much it imports the honour of His Government That the persons of the Arch-Bishops and Bishops and all others the Orthodox and Loyal Clergy be protected from the Sacrilegious Assaults Violence Outrages and Assassinations of Fanatical Impious and Bloody-men who to the scandal of Religion and Humanity do maintain the pernicious and horrid Principles of Rebellion Violence Murther and Assassination and to practise accordingly Doth with Advice and Consent of His Estates in Parliament Not only Ratifie and Confirm all former Laws and Acts of Parliament made for the Security of the persons of the Clergy particularly the fifth Act first Session second Parliament Charles the Second Fourth Act second Session second Parliament Charles the Second And fifteenth Act third Parliament Charles the Second But further His Sacred Majesty from His just abhorrence of and Indignation against all such horrid and inhumane Principles and Practices Doth with Advice and Consent foresaid of new Statute and Ordain That whatsoever person or persons shall be found guilty of Assaulting the Lives of Bishops or other Ministers or of Invading or Robbing their Houses or actually attempting the same shall be punished with Death and the Confiscation of all their Goods And if any regular Minister shall happen to be Assassinated or Murthered the Parochioners of that Paroch wherein he is Assassinated shall pay such sums as the Privy Council shall determine which sum shall be bestowed to the use and behove of the Wife and Children of the said Minister at the sight of the Privy Council and if he hath neither Wife nor Children It is hereby Declared to belong to the nearest of the said Ministers Kindred and the Legal and Conform Parochioners are to have relief and to be Re-imbursed by the Noneconform Parochioners or others who shall be proven to have had accession thereunto at the sight of the Privy Council And the Estates of Parliament make their humble Address to His Majesty for conferring a competent encouragement and Reward to such persons as shall make effectual Discoveries or shall apprehend any who commit any of the violences foresaid either upon Bishops or Ministers in their persons or goods respectively and if there shall shappen any Slaughter or Mutilation to be committed in apprehending such persons His Majesty with Consent foresaid Doth hereby Indemnifie the persons Imployed and all such as shall assist in apprehending of them and Declareth them free of all question or trouble for the same in all time thereafter And His Sacred Majesty being firmly Resolved to Conserve and Maintain the Church in the present State and Government thereof by Arch-bishops and Bishops and not to endure nor Connive at any Dâ—…rogation from or Violation of it Doth therefore with Advice and Consent of His Estates Assembled in this Parliament Ratifie Approve and Confirm all former Laws and Acts of Parliament made and passed in the Reigns of His Royal Grand-father King Iames the Sixth His Royal Father King Charles the First and Royal Brother King Charles the Second of Glorious Memories Restoring the Church to its ancient and right Government by Arch-bishops and Bishops and Redintegrating the Estate of Bishops to the Exercise of their Episcopal Function and to all the Priviledges Immunities Dignities Jurisdictions and Possessions which was enjoyed by or by the Laws of the Kingdom was due to their Predecessors in the year 1637. And Ordains them to stand in full force as publick Laws of the Kingdom and to be put in execution in all points conform to the Tenor thereof as if they were herein all specially repeated and expressed And in pursuance of His Majesties Royal Resolution therein His Majesty with Advice foresaid Doth recommend to all His Ministers of State Lords of His Privy Council and all other Judges and Magistrats to take the Persons and Interests of the Loyal and Orthodox Clergy under their special Care and Protection That all Laws Acts and Statutes made in their favours may receive due and ready obedience from all His Majesties Subjects XXXVIII ACT Concerning the Registration of Writs in the Books of Session June 13. 1685. OUR SOVERAIGN LORD With Advice and Consent of the Estates of Parliament Considering That there have been in all Time by-past only three Offices of the Ordinary Clerks of Session and that the Erection of any moe of these Offices is unnecessary and may be prejudicial to the Leidges THEREFORE Statutes and Ordains That there be only three Offices of Ordinary Clerks of Session in time coming and that there be no moe then two Persons conjoyned in each of these Offices which shall remain intire in the full extent thereof without Alteration Division or Dismemberation of any part of the same And Statutes and Declares That they as Clerks to the Session and their Successors have the only Right to be Clerks as Deputs to the Lord Register to all Processes which are competent before the Lords of Session and to the Registrating and Extracting of all Writs Registrat in the Books of Council and Session and have right to all Priviledges Profites and Emoluments whereof the saids Clerks are in Possession And for the better securing of the Leidges both as to the Registration and Preservation of Principal Writs Statutes and Ordains That the Clerks of the Session keep an exact Register a part in every one of their Offices for Registration of all Writs and that they appoint one or two fit diligent and faithful Persons in every Office to receive in the Writs given in to be Registrat from whom they are to take Caution for their Registrating Recording and safe Preserving of these
respectivè in all matters whatsoever that relate to pertain and fall within the precinct and Jurisdiction of the said Shire of Kinross as it is now Established and Comprehended by this present Act and to consist of the Parochs of Kinross Urwell Portmock Cleish and Tilliboal and whole Lands lying within the saids Parochs and of the saids Lands and Baronies of Cuthilgourdie with the burthen of the Valuation of the saids Parochs and Lands and liberating and freeing the saids respective Shires of Fife and Perth proportionally of the Burthen thereof and particularly without prejudice of the generality foresaid of all Cesses Excise Militia Out-reeks of Horse and Foot High-wayes and all other publick Burthens and Impositions laid or to be laid upon these Lands Disjoyned from the saids Shires of Fife and Perth and Annexed to Kinross in manner foresaid and particularly liberats the Shire of Fife of the Valuation of the Lands formerly contained in the Shire of Kinross and of the Valuation of the Lands that are now Disjoyned from the Shire of Fife and Adjoyned to the Shire of Kinross amounting both to the sum of Eighteen Thousand five hundreth and sixteen pounds scots Money And also particularly Liberats and Frees the Shire of Perth of the Valuation of the saids Lands hereby Disjoyned from the Shire of Perth and now Annexed to the Shire of Kinross extending to the sum of One Thousand seven hundreth and eighteen pounds six shilling eight pennies Scots Money making up the saids two Valuations in the whole the sum of Twenty Thousand two hundreth and thirty four pounds six shilling eight pennies Scots Money Which is Declared to be the full and compleat Valuation of the Shire of Kinross hereafter and the Rule of proportioning the publick Burthens laid on or to be laid on the said Shire of Kinross Willing and Appointing the Heretors Inhabitants and Possessors of the saids Lands in all time coming to answer to the Courts of the said Sheriffdom of Kinross and to be lyable to the Jurisdiction of the Sheriffs thereof in all Causes Civil and Criminal competent to an Sheriffs Cognition and to be holden reputed and esteemed in all time hereafter a part of the said Shire of Kinross to all effects and particularly without prejudice of the generality foresaid with the burthen of all Cess Excise and other Impositions whatsoever Militia and other Out-reeks Collecting and Ordering thereof And that in all Retours Rights Dispositions Charters and Infeftments of the saids Lands they be Designed in all time-coming to ly within the said Sheriffdom of Kinross And that all Denunciations and Executions of Hornings Apprysings Inhibitions Adjudications Publications of Interdictions and other Legal Diligences against the Heretors Possessors and Inhabitants of the saids Lands with all Brieves Proclamations and others be used and Execute at the said Mercat Cross of Kinross head-Burgh of the said Shire in like manner and to the same effect as these Executions are used at the head-Burgh of any other Shire And in case there be any mistake in the casting of and inserting in this Act the sums of the Valuation above-mentioned to the prejudice of any of the saids other Shires His Majesty with Consent foresaid Ordains the Commissioners of Cess and Excise of the saids other Shires to Meet Adjust and settle the saids Proportions and being so Adjusted to signifie the same to the Lords of His Majesties Privy Council under their hands that the same may be Recorded in the Books of Privy Council for a Rule hereafter As also His Majesty with Consent of the saids Estates of Parliament Considering that by the sixteenth Act of the twenty second Parliament of His Majesties Dearest Grand-Father King Iames sixth in anno 1617. Entituled Act anent Registration of Seasins Reversions and other Writs That for the great ease of the Lieges the saids Registers were Established in the Burgh of Couper in Fife for the whole Lands lying in the bounds of the saids Sheriffdoms of Fife and Kinross or were to be Established in any other place or places more convenient And that now for the greater ease and accomodation of the Leiges it is thought more fit and convenient That the said Register be kept at Kinross head-Burgh of the Shire thereof for the whole Lands as well formerly lying within as now Annexed to the same Shire THEREFORE His Majesty and Estates of Parliament foresaids Statute and Ordain That in all time coming there be a publick particular Register for Registrating Seasins Renunciations Reversions Discharges of Reversions Grants of Redemption and other Writs enjoyned to be Registrated by the said former Act of Parliament keeped by the Clerk of Registers and his Deputs at the said Burgh of Kinross for the whole Lands as-well formerly lying within the said Shire of Kinross as now annexed thereto within the space to the same effect and with the like conditions mentioned and contained in the foresaid Act in anno 1617. For Registration of Seasins Reversions c. And Lastly His Majesty and Estates of Parliament foresaids Hereby Ratifie and Approve in favours of the said Sir William Bruce and his Heirs-male Tailzie and others contained in his Infeftments of the Estate of Kinross the twenty ninth Act of the first Parliament of His Majesties Dearest Father King Charles the first of ever blessed memory Entituled Act in Favours of the Earl of Morton and the Lord Dalkeith his Son anent the Loch of Loch-Levin and preservation of the Fishes thereof And Ordains the said Act to be put to Execution by the said Sir William Bruce and his foresaids and his and their Deputs and Bailies after the Form and Tenor thereof It is alwise hereby Declared That this Act and every part thereof is but prejudice to the said Sir William Bruce and his Heirs of any other Iurisdiction of Regality or Bailiary formerly belonging to him of any of the saids Lands either formerly belonging or now Annexed to the said Shire of Kinross XLVI ACT Salvâ—… jure Cujuslibet June 16. 1685. OUR SOVERAIGN LORD Taking to Consideration that there are several Acts of Ratification and others past and made in this Session of Parliament in favours of particular persons without calling or hearing of such as may be thereby concerned or prejudged THEREFORE His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains that all such particular Acts and Acts of Ratification past in manner foresaid shall not prejudge any third party of their lawful Rights nor of their Actions and Defences competent thereupon before the making of the saids particular Acts and Acts of Ratification And that the Lords of Session and all other Judges of this Kingdom shall be obliged to judge betwixt parties according to their several Rights standing in their persons before the making of the saids Acts All which are hereby Exponed and Declared to have been made Salvo jure Cujuslibet XLVI ACT of Adjournment to the last Tuesday of October June 16. 1685. THE Kings Majesty Declares this