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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 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 ●…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-an●…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
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
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 ●…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 Shi●…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