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A92568 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 ... His Majesties high commissioner for holding this parliament, by vertue of a commission uder 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 ...; Laws, etc. Scotland.; Cromarty, George Mackenzie, Earl of, 1630-1714.; Queensberry, William Douglas, Duke of, 1637-1695. 1685 (1685) Wing S1252A; ESTC R42763 56,992 46

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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 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 Ibid. 5 Act Declaring it Treason to Take or Owne the Covenants Ibid. 6 Act Obliging Husbands to be lyable for their Wives Fines 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 Ibid. 9 Act for the more effectual Payment and Inbringing of His Majesties Rents and Revenues Ibid. 10 Act concerning Judicial Confessions before the Commissioners of Justiciary Pag. 5 11 Act Obliging Persons to accept Offices 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 Ibid. 15 Act Explaining the 10th Act of the Parliament 1669 anent Interruptions Pag. 16 16 Act anent Justices of Peace Ibid. 17 Act for Taking the Oath of Allegiance Pag. 17 18 Act concerning Vacant Stipends Ibid. 19 Act Ratifying the Priviledges of the Senators of the Colledge of Iustice Pag. 18 20 Act for preserving Game Ibid. 21 Act against stealing of Dogs and Hawks Pag. 21. 22 Act concerning Tailȝies 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. 25 Act 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 Ibid. 29 Act concerning Citations before Circuit Courts Pag. 27 30 Act approving the Narrative of the Plot. Ibid. 31 Act for security of the Officers of State and others Ibid. 32 Act concerning the Militia Pag. 28 33 Act for security of the Records Ibid. 34 Act for Poll-mony 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 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 Ibid. 41 Act Declaring the Green-land-fishing to be a Manufactory Pag. 33 42 Act of Annexation of several Lands to the Crown Ibid. 43 Act in Favours of the Inhabitants of Orkney and Zetland Pag. 36 44 Act For a Standart of Miles Ibid. 45 Act in Favours of Sir William Bruce for enlarging the Shire of Kinross Ibid. 46 Act Salvo Jure 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 Jerviswood 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 John 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 Shire 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 John 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 Mackenȝie of Prestounhall Ratification in favours of the Earl of Southesk Ratification in favours of Hugh Wallace of Inglistoun Ratification in favours of Mr. John Richardson and John Drummond Protestation Sir James Rocheid and James Hamilton against the same Ratification in favours of Aeneas Mcleod Ratification in favours of Sir Robert Lowrie of Maxweltoun Ratification in favours of Duncan Toshich of Monyvaird Ratification in favours of Collonel James 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 or Edinburgh Protestation the Weavers of the Cannongate against the same Ratification in favours of the Burgh of Innerness Ratification in favours of John Scot of Comistoun Ratification in favours of James Miln Ratification in favours of Mr. David Dewar Advocat Ratification in favours of Donald Mcdonald of Moydart Ratification in favours of Sir William Bruce of Kinross Ratification in favours of Sir John Murray of Drumcairn Ratification in favours of the Laird of Drum Ratification in favours of Sir George Mackenȝie His Majesties Advocat Ratification in favours of James 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 Mackenȝie of Dalvenan Ratification in favours of John Lawder of Fountainhall and Sir John Lawder his Son Ratification in favours of Sir John Gordon of Rothemay Protestation the Town of Forrest against James Caddel of Muirtouns Ratification Act in favours of the Bishop of the Isles Decreet of Precedency in favours of the Earl of Strathmore FINIS
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 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 set 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-anent Find and Declare that the same shall have the Force Strength and Power of an Act of Payment 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 conesequutively 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 Justice 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 Sovereign 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 June 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
led against all Persons having Interest and allowed by former Commissions the same shall not be drawn in Question nor Rectified upon pretence of enorm lesion at the instance of the Minister not being Titular or at the instance of His 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 fit 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 arid 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 July 1631. And whereas it may fall out that some of the saids Commissioners may be unable able 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 betaken 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 dure 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 Argile 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
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 Writs And Appoints That there shall be two Minut-Books kept in every Office in the One whereof there shall be set down the Title of Writs given in to be Registrat the Name of the Giver in and the Date of the ingiving which is to be subscribed by the Clerk or his Substituts foresaids and all Writs so given in shall be booked within the space of one year after the ingiving and if any Party or one employed by him shall desire up a Writ given in within the space of Six Moneths after its ingiving then the Title of the Writ the name of the Party and the Date of both ingiving and outgiving of the said Writ shall be insert in the other Minut-Book and be subscribed by the Receiver thereof that as the one Minut-Book doeth Charge so the other Minut-Book may Discharge the Clerk of such Writs And that no Writ g●ven in shall be taken out after the same is Booked And the Clerks are to begin the foresaid Method of the saids two Minut-Books from the first day of August next ensuing And when the time comes that these Registers are to be given in to the General Register House the two Minut-Books are likewise to be given in with them subscribed by the Clerk And the Deput appointed by the Lord Register for keeping of the saids Registers shall subscribe other Doubles of the saids Minut-Books which are to keeped by the Clerks for Information of the Leidges in their Offices And the Clerk of Register or his Deput are hereby Ordained to keep all Principal Writs in a secure Room distinct from the Room where the Registers are keeped As also Further Ordains the Clerk of Register once in the year to visite the Registers in every Chamber as he shall be answerable And because many Writs are Registrat incompetently outwi●h the Jurisdiction to the great prejudice of the Leidges such Registrations being void and null and consequently all Execution following thereupon THEREFORE Statutes and Ordains That no Clerk of Inferior Court for the future presume to Registrat any Writs in his Books either for Conservation or where Execution is to pass against any Party that dwells without the Jurisdiction under the pain of Deprivation and of Five Hundred Merks of Penalty the one half to His Majesty and the other half to the Party Pursuer Likeas His Majesty with Consent foresaid Ratifies and Approves the Gifts granted by the Clerk Register to the present Ordinary Clerks of Session of their respective Offices in the whole Heads Tenors and Contents of the same Declaring these Presents to be as effectual as if the saids Gifts were verbatim here insert And in respect that by this Act there is a great addition to the Clerk Register his Care and Trouble as well as to the Peoples Security THEREFORE It is Ordained That there shall be Twenty Shilling Scots payed to the Clerk Register in place of the Merk formerly payed to him and his Predecessors for each Subscription XXXIX ACT In Favours of Planters and Inclosers of Ground June 13. 1685. OUR SOVERAIGN LORD With Advice and Consent of the Estates of this present Parliament for the Encouragement of Inclosing of Ground and Planting of Trees Does Ratifie and Approve all former Laws and Acts of Parliament made in favours of Inclosers or Ground and Planters of Trees and particularly the 41 Act Parl. 1. Charles 2. Intituled Act for Planting and Inclosing of Ground And because the time Prescribed in the said Act is now elapsed They Statute and Ordain That the whole Heads contained in the said Act be observed for the space of Nineteen Years next to come Commencing from the Date hereof And Likewise Ratifies and Approves the 17 Act Parl. 2. Charles 2. Intituled Act for Inclosing of Ground And Ordains the same to be observed in all time coming And further Statutes and Ordains That hereafter no Person shall Cut Break or Pull up any Tree or piel the Bark of any Tree under the pain of Ten Pounds Scots for each Tree within Ten Years old and Twenty Pounds Scots for each Tree that is above the said Age of Ten Years and that the Havers or Users of the Timber of any Tree that shall be so Cut Broken or Pulled up shall be lyable to the same Penalty except he can produce the Person from whom he got it and if the Person that shall be so convicted be not able to pay the Fine then he shall be decerned to work a Day for each half Merk contained in the said Fine to the Heretor whose Planting shall be so Cut or Broken As likewise Statutes and Ordains That no Person shall break down of fill up any Ditch Hedge or Dike whereby Ground is Inclosed and shall not leap or suffer their Horse Nolt or Sheep to go over any Ditch Hedge or Dike under the pain of Ten Pounds Scots toties quoties the half whereof to be applyed to the Heretor and the other half for the Mending and Repairing of Bridges and Highways within the Paroch at the fight of the Sheriff Stewart or Justices of Peace before whom the Contraveeners shall be pursued XL. ACT of Annexation of the Offices belonging to the late Earl of Argile June 16. 1685. OUR SOVERAIGN LORD With Advice and Consent of the Estates of Parliament Considering how dangerous it hath always been to the Peace and Quiet of this Kingdom to bestow too many Heretable Jurisdictions Offices and Superiorities upon any of His Majesties Subjects living in the remot High-lands and that by such helps as these the Family of Argile did in the last Age as well as this commit and maintain their Execrable Treasons and oppress and enslave His Majesties faithful and Loyal Subjects and that the Jurisdictions Offices Superiorities and Constabularies after-specified are now fallen in His Majesties hands by the Sentence and Doom of Forfaulture given and pronounced against Archibald Campbel late Earl of Argile by the Commissioners of Justiciary upon the _____ day of _____ THEREFORE His Majesty with Consent foresaid Do Unite Annex and Incorporat to His Crown of this His Ancient Kingdom to remain inseparably with the same in all time coming the Offices of Justice General of all the Isles of Scotland except Orkney and Zetland of the Shires of Argile and Tarbet and of all the remanent Lands and Estate belonging to the said late Earl in Scotland the Heretable Lievetenandry of Argile and Tarbet Shires the Heretable Chamberlainry of both these Shires the Office of Admirality of all the Lands belonging to him the said Archibald Campbel the Right of the Commissariot in so far as it belong'd to the late Earl the Office of the Kings Master-Houshold within Scotland the Heretable Sheriff-ship of Argile and Tarbet Shires the Heretable Crownership and Toshdorich or Mayorship in these
and Sheriffdom of Selkirk sometime pertaining to the said _____ Pringle of Torwoodlie The Lands Lordship and Barony of Mony-mail comprehending the Lands Patronages and Baronies mentioned in the Infeftments thereof lying within the Sheriffdom of Fife and particularly comprehending the Lands and Baronies of Raith and Balweirie sometime pertaining to the said George Lord Melvil The ten merk Land of Lainshaw and Teinds thereof the ten merk Land of Kirkbryd with the Miln and Pertinents the five pound Land of Milnstoun-fleet the five merk Land of Over and Nether-Peacock Lands with the Miln and Pertinents with the Tower and Fortalice called Castlesturt and Lands of Brockholmer all lying within the Bailiary of Cunningham and Sheriffdom of Air the Lands of Over-Cassilioun extending to a three merk Land with the Teinds and Pertinents lying within the said Bailiary and Sheriffdom all formerly pertaining to the said David Montgomery sometime of Lainshaw The Lands and Barony of Riccartoun the Lands and Barony of Cesnock and Galstoun with the Tower of Cesnock and Pertinents the Lands and Barony of Bair the Lands and Barony of Castlemains the Lands and Barony of Hayningress all lying within the Sheriffdom of Air and the Lands of Newhal lying within the Sheriffdom of Fife formerly pertaining to the said Sir Hugh and Sir George Campbels sometime of Cesnocks The Lands and Barony of Hughchester the Mains of Borthwickshiels lying within the Shire of Roxburgh the Lands of Robertoun and Howcleuch-miln and Pertinents thereof lying in the Sheriffdom of Selkirk the Lands and Steedings of Alemuir lying in the said Shire the Lands of Cassock Tameucher and Glenderig lying in Eskaldemuire the Lands of Harden Mabenlan Hichchester and Borthwich-walls lying in the Sheriffdom of Roxburgh formerly pertaining to the said Walter sometime Earl of Tarras The Lands and Barony of Jerviswood lying within the Sheriffdom of Lanerk the Lands and Barony of Mellerstains lying within the Sheriffdom of Roxburgh formerly pertaining to the said Mr. Robert Bailie sometime of Jerviswood The Lands of Grange and Heretable Office of Bailiary of Monkland lying within the Bailiary of Carrick and Sheriffdom of Air formerly pertaining to Thomas Kennedy sometime of Grange the Lands and Barony of Duchal and _____ pertaining to _____ Perterfield sometime of Duchal the Lands and Barony of Earlestoun the Lands and Barony of Kenmuir and others formerly pertaining to the said William and Alexander Gordons late of Earlestoun lying within the Sheriffdom of Wigtoun and Stewartry of Kirkcudbright respective The Lands and Barony of Craiglaw and others formerly pertaining to the said James Gordon younger of Craiglaw together with all other Lands Teinds and Rights whatsomever belonging to the Remanent of the saids Traitors or to all or any of them or whereof they were in Possession or to which they might have succeeded any manner of way with all Lands Teinds and others Castles Towers Fortalices Milns Multures Fishings Annualrents Reversions Patronages of Kirks and Teinds Personages and Viccarages and all and whatsomever Mines of Gold Silver Copper and other Minerals within the foresaid bounds and belonging to the saids Forefaulted Traitors with all other Parts Pendicles and Pertinents Casualities Priviledges Jurisdictions Offices and others whatsomever pertaining to the same All which His Majesty with Consent foresaid Doth Unite and Annex to His Crown Declaring the Generality foresaid to be as sufficient to the intent and effect foresaid as if each Part Parcel and Pertinents of the saids Lands Offices Patronages Priviledges and others belonging to the saids Traitors or any of them and whereof they were in Possession were herein exprest And it is Statute and Declared That the saids Lordships Lands Baronies Teinds and others respectivè above-mentioned Annexed to the Crown in manner-foresaid shall remain therewith in all time-coming And that the same or any part thereof shall not nor may not be given away in Fee and Heretage nor in Frank Tenement Liferent Pension or Tack except for the full Duty which may be gotten from and payed by the Tennents or by any other manner of Alienation Right or Disposition whatsomever to any person or persons of whatsomever Estate Degree or Quality they be without Advice Decreet and Deliberation of the whole Parliament and for Great Weighty and Reasonable Causes concerning the good welfare and publick Interest of the whole Kingdom First to be proposed and to be Advised and maturely pondered and considered by the Estates re integrâ before any previous Grant Right or Deed be given made or done by His Majesty of His Successors concerning the Disposition of the saids Lordships Baronies and others or any part thereof which may any wayes predetermine them or the Estates of Parliament and prejudge the freedom of their Deliberation and Consent And if at any time hereafter it shall be thought fit to Dispone or Grant any Right of any part of the saids Lands Superiorities Offices Teinds and others It is Declared That the general Narrative of good Services weighty Causes and Considerations shall not be sufficient But the particular Causes and Considerations whereupon His Majesty and His Successors may be Induced to grant and the Estates to Consent to such Rights are to be expressed that it may appear that the same is not Granted through Importunity or upon privat suggestions or pretences but for True Just and Reasonable Causes and Considerations of publick Concernment And further It is Declared That if any general Act of Dissolution of His Majesties Property shall be made at any time hereafter the saids Lands and others above-mentioned and Annexed shall not be understood to fall or be comprehended under the same And if the saids Lands and others foresaid or any part thereof shall be Annalȝied or Disponed or any Right of the same shall be Granted otherwise then is Appointed and Ordained in manner above-mentioned His Majesty with Consent foresaid Doth Statute and Declare That all Dispositions Infeftments and other Rights of the saids Lands and others foresaid or any part thereof which shall be Granted contrary to this present Act with all Acts of Dissolution and Ratification and other Acts of Parliament concerning the same shall be from the beginning and in all time-coming void and null and of no effect and notwithstanding thereof It shall be lawful to Our Soveraign Lord and His Successors for the time to take back and receive at their Pleasure for their own use without any Process of Law the Lands and others above Annexed or any part thereof which shall be Annalȝied or Disponed and these in whose favours any such Rights or Alienations shall be made shall be accomptable for and lyable to refound and pay all Profits Intromission or Benefit taken uplifted or enjoyed by them in the mean time And it is Declared That all other Clauses Articles and Provisions contained in any former Act or Acts of Annexation to the advantage of His Majesty and His Crown are and shall be holden as repeated and insert herein But it is hereby always
foresaid separates the said Shire of Kinross from Fife as to all these publick Concerns and Actings as well the Lands contained therein formerly as these Annexed thereto by this present Act and from the Shires of Fife and Perth 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 Vrwell 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 particulatly 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 James 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 Tailȝie 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 Jurisdiction 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 Salvo 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