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A58628 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 twenty third day of April 1685, by His Grace William Duke of Queensberry ..., 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 McLeod, and Castle-haven, &c. ...; Laws, etc. Scotland.; Cromarty, George Mackenzie, Earl of, 1630-1714.; Scotland. Parliament. 1685 (1685) Wing S1252; ESTC R472631 57,189 47

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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 Conv●…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 a●…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 thei●… 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 o●…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
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 I●…re Mariti Wodsetters Tacksmen having Tacks for longer time than for Eighteen Years All Masters of Ships and such other Burgesses and Inhabitants of Burgh●… 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 166●… 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