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A58639 The laws and acts made in the fifth session of the first Parliament of Our Most High and Dread Soveraign William, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden and begun at Edinburgh, May 9. 1695 by John Marquess of Tweeddale ... 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 Tarbat ...; Laws, etc. Scotland.; Cromarty, George Mackenzie, Earl of, 1630-1714.; Tweeddale, John Hay, Marquess of, 1626?-1697. 1695 (1695) Wing S1269; ESTC R40608 63,831 77

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THE LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN WILLIAM By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden and Begun at EDINBVRGH May 9. 1695. By JOHN Marquess of Tweeddale Earl of Gifford Viscount of Walden Lord Hay of Yester and Lord High Chancellor of this Kingdom His Majesties High Commissioner for Holding the same 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 Tarbat Lord M cLeod and Castlehaven c. Clerk to His Majesties Councils Exchequer Registers and Rolls c. EDINBVRGH Printed by the Heirs and Successors of Andrew Anderson Printer to His most Excellent Majesty Anno DOMINI 1695. CVM PRIVILEGIO LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN WILLIAM By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBVRGH the 9 Day of May 1695. I. ACT For a Solemn Fast. May 16. 1695. THE ESTATES OF PARLIAMENT taking to their Consideration the great Important War wherein His MAJESTY continueth to be necessarly Engaged for Defence of the True Reformed Religion the Safety of this and His other Kingdoms and the Recovery and Establishment of the Rights Liberties and Peace of the rest of Christendom so much at this time Invaded and Disturbed with the continual Hazards to which His Majesties Sacred Person is thereby exposed As likewise the Dangers which do thence threaten this Kingdom and all that can be dear to his Majesties good Subjects therein either as Christians or Men both by Invasion from abroad and the froward Disaffection and restless Machinations of evil and unnatural Countrey-men at home And how much it is the Duty and Interest of all good Men for these Causes and on this Occasion to implore the Mercy Favour and Blessing of Almighty GOD for Preservation of His Majesties Royal Person and Directing Assisting and Prospering Him in all His Counsels and Undertakings And more especially that GOD would countenance and assist Him in the present War give Him Success to His Arms by Sea and Land and defeat all the Designs Counsels and Practices of His secret and open Enemies both at home and abroad for the Preservation of the True Protestant Religion securing the Safety of these Kingdoms and the happy restoring the Peace of Europe And the Synod of Lothian and Tweeddale now met at Edinburgh having made Application to my Lord Commissioner for this end Therefore His Majesty with Advice and Consent of the said Estates of Parliament doth hereby Command and Appoint that the second Thursday of Iune next being the thirteenth day of the said Moneth be set apart as a day of Solemn Fasting and Humiliation for making Prayers and Supplications to GOD for the Ends above-mentioned and that the said day be Religiously and Strictly Observed by all Persons within this Kingdom And Ordains all Ministers to read these presents publickly in their Congregations a Sunday at least before the said second Thursday of Iune next appointed for keeping the said Fast Certifying such of the Leidges who shal not give due Obedience or shal Contemn or Neglect the Keeping and Observing the said Day and Duties that they shal be proceeded against by Fyning not exceeding One hundred Pounds Scots Money And Warrands and Commands the Sheriffs Stewarts of Stewartries Lords and Baillies of Regalities and their Deputs Justices of Peace Magistrats of Burghs within their several Jurisdictions to proceed against the Persons guilty and exact the Fines accordingly to be applyed the one half to the Judge and the other half to the Poor of the Paroch And certifying such Ministers as shal fail in their Duty in not Reading this Proclamation and observing the Duties therein prescribed they shal be processed before the Lords of His Majesties Privy Council And hereby requires all Sheriffs Stewarts Lords and Baillies of Regalities and their Deputs Justices of Peace Magistrats of Burghs and their Clerks to make Report to the Lords of His Majesties Privy Council of these Ministers who shal fail of their Duty herein And Ordains these Presents to be Printed and Published at the Mercat Cross of Edinburgh and hail remanent Mercat Orosses of the Head Burghs of the several Shires and Stewartries within this Kingdom that none may pretend Ignorance And that Copies be dispatched in the usual manner to the Sheriffs and Stewarts Baillies of Regalities or their Deputs and Magistrats of Burghs as likewise to all Ministers that they may seriously exhort all Persons to a sincere and devout Observance of the Premisses II. ACT Regulating Citations before the Parliament May 28 1695. HIS MAJESTY with the Advice and Consent of the Estates of Parliament finding it necessary that the order of summonding privat Parties to appear before them be cleared and regulat Do therefore STATUTE and ORDAIN that the manner of summonding privat Parties in Actions raised either before or during the sitting of the Parliament shal be for hereafter and from the Day and Date hereof in this manner viz. That in prosecution of Protests for remeid of Law the Party at whose instance Summonds is to be granted may give in his Bill containing the matter of his Cause or Complaint Signed by himself or an Advocat for him which being subscribed by one of the six Clerks of Parliament and presented before the sitting of the Parliament to any of the Officers of State or the time of the sitting of the Parliament to the Lord Chancellor or President of the Parliament for the time or any of the said Officers of State the same may be by them past in Course and that as to all other Causes that may be brought before the Parliament Summonds and Warrands for Citation shal for hereafter only be granted by deliverance either of Parliament in time of Parliament or of the Lords of Session upon a summar Citation to abide neither Continuation or Roll in praesentia in the Recesses and Intervalls of Parliament upon a Bill containing Subscribed and Presented as above and no otherwise which Warrands for Citation being granted Summonds in his Majesties Name shal be thereon directed to Macers if the Party cited be within the Town of Edinburgh for summonding the said Party if within the said Town of Edinburgh on fourty eight hours and if elsewhere within the Kingdom excepting Orkney and Zetland upon fifteen days warning or if in Orkney or Zetland upon fourty days personally or at his dwelling House or if without the Kingdom upon sixty days warning at the Mercat Cross of Edinburgh and Peer and Shoar of Leith to compear before His Majesty and the said Estates of Parliament where and when the Parliament shal be appointed to meet or shal be met for the time with
the Protestant Religion the Laws and Liberties of this Kingdom in case Iames then Duke of York would succeed to the Crown and of the Ways and Methods then talked of in England and such as might be taken in Scotland for preventing the same and for his exclusion from Succession to the Crown are weak and frivolous Pretences to infer the Crime of Treason As Likewise that the Probation wa● lame defective seing it did confe●● of the Depositions and Testimonies of Persons who a little before hade been accused of the same pretended Crimes and who after submission made and when their Lives and Fortunes were at the late Kings Mercy had predetermined themselves by their Confessions and Depositions then emitted For albeit they were secured as to their Lives when they deponed before the Parliament yet they having emitted their Declarations when they were under the fear and apprehension of being Forefaulted themselves and when they renewed their Confessions before the Parliament they could make no alteration unless they had declared themselves to be perjured they having only adhered to the very same Testimonies formerly emitted by them except the Earl of Tarras who depons of new and not upon his Declaration formerly emitted but proves nothing against the said Sir Patrick Home And also considering that there is nothing proven by the Witnesses in habit as they were against the said Sir Patrick of his being upon or privy to any Design or Contrivance against the Person and Life of King Charles the Second and that the Testimonies do not concur and agree in any particular Fact which by the Common Law or Custom could infer the Crime of Treason against the said Sir Patrick And likeways having considered the Act of Adjournal of the Justice Court of the date the day of One thousand six hundred eighty years upon which the said Sir Patrick Home was denounced Fugitive for not compearance and that there was no relaxation raised until a few Days before the dyet of Compearance in Parliament though neither he had the offer of an Indemnity nor was for the time in open Rebellion so that he had not tutus accessus and that the saids pretended Crimes lybelled in the said Act of Adjournal are the same contained in the foresaid Sentence of Forefaulture before the Parliament Therefore Their Majesties with Advice and Consent of the Estates of Parliament Do hereby by way of Justice Rescind Retreit Cass and Annull the foresaid Decreet and Sentence of Forefaulture pronounced against the said Sir Patrick Home and all Gifts of Forefaulture if any be granted by the late King Iames of the said Sir Patrick his Estate or any part thereof to any Person or Persons whatsomever And the foresaid Act of Adjournal with all that has followed or may follow thereupon And declares the said Decreet and Sentence of Forefaulture and Act of Adjournal to have been from the beginning to be now and in all time coming void null and of no avail force strength nor effect and restores the said Sir Patrick Home his Children and Posterity against the same in integrum and Rehabilitating them to their Blood-right and Benefit of Succession Name and Fame sick-like and as freely in all respects as if the said Decreet and Doom of Forfaulture had never been given nor pronounced Rescinding hereby the Act of Annexation of the said Sir Patrick his Estate to the Crown and dissolving the same therefrae As also Their Majesties with Consent foresaid Decerns and Ordains all the Intrometters with the Lands Rents Goods and Gear or other Estate moveable or immoveable pertaining and belonging to the said Sir Patrick Home to be lyable for and refound the famine to him his Heirs Executors or Assigneys and that Letters may be direct for that effect in Form as effeirs And their Majesties and Estates of Parliament Statute and Ordain that this present Act shal have full force strength and effect of a publick Law in favours of the said Sir Patrick Home and others aforesaid And it is hereby Declared That this present Act is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament ACT Dissolving Sir Patrick Home of Polwarth his Estate from the Crown Iuly 22. 1690. FOrasmuch as by an Act and Sentence of this present Parliament the Doom and Sentence of Forefaulture pronounced in anno One thousand six hundred eighty and five against Sir Patrick Home of Polwarth is ex Iustitia Reduced and Rescinded and that by an Act of the Sixteenth of Iune One thousand six hundred eighty and five the Estate and Lands belonging to the said Sir Patrick Home were formerly annexed to the Crown Which Act of annexation is now also by the said Act Reductive in his Favours Rescinded and declared void Therefore and for the said Sir Patrick his more full and effectual Restitution and without any derogation to the said Act Reductive in his Favours but accumulating Rights to Rights Our Soveraign Lord and Lady the King and Queens Majesties with Advice and Consent of the Estates of Parliament have dissolved and hereby dissolves from the Crown and Patrimony thereof the Lands and Barrony of Polwarth the Lands and Barrony of Grein-Law and Reid-Path with the Right of Patronages and whole Pertinents thereof And Lands of with all other Lands Rights and Estate pertaining to the said Sir Patrick Home and that in Favours of the said Sir Patrick himself that he may bruick and enjoy the same as if he himself had never been forefaulted or as if the saids Lands and Estate had never been annexed Declaring that this present Act shal have the strength and effect of a General Law and Act of Parliament and shal be al 's Valid and Effectual to the said Sir Patrick his Heirs and Successors for their Security of the whole Premisses as any other Act of Dissolution made and enacted at any time bygone in Favours of whatsomever Person and conform to all the Conditions required by Law in Acts of that Nature And farder that this present Act of Dissolution is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament Extracted furth of the Records of Parliament by George Viscount of Tarbat Lord M cLeod and Castlehaven c. Clerk to the Parliament and to his Majesties Councils Registers and Rolls