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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
of the Successor and their Age and whether Married or not Certifying all such Clerks as shall not before the first-day of November next to come report in Exchequer the Lists under their hands of all such bygone Casualities fallen preceeding the date hereof and thereafter from time to time within six moneths after the same shall happen to fall and vaik if the persons die within the Kingdom That they shall amit lose and tyne their Office of Clerk-ship to be immediately disposed on by these who shall have right thereto without any Declarator or other Process whatsoever And to the effect they may the better know the tenor of the holding of all Lands within their respective Jurisdictions His Majesty with Advice forsaid Ordains the saids Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs at the next Michaelmass Head-Court and at such other Dyets as they shall think convenient to cause all the Vassals within their respective Jurisdictions produce before them their Charters to the effect the Clerks may record the Reddendoes thereof in their Books who are ordered immediately thereafter to return them to the Parties without payment of any money for the same And Ordains Letters of Horning to be directed against those who shall fail to produce their Charters as said is And it is hereby declared that in all time coming when poynding is used for the Kings proper Rents the Apprising of the Goods poynded may be al 's Legally done upon the Ground of the Lands allenarly as if the famine were Apprised at the Mercat Cross of the head Burgh of the Jurisdiction notwithstanding of any Law or Practice in the contrary X. ACT Concerning Judicial Confessions before the Commissioners of Justiciary May 8. 1685. THE KINGS MAJESTY and Estates of Parliament Do hereby Statute and Declare all Confessions of Parties after they have received an Indictment in the Case of Treason against the Kings Person or Government allenarly Emitted before the Commissioners or Justiciary Sitting in Judgment and Subscribed by the Pannal or by the saids Judges in the Case where the Pannal owns the Confession as it is Reduced in Writ and yet either cannot or refuses to Subscribe shall be Considered as a Judicial Confession and shall be as Probative to Assizes as if the same had been Emitted in presence of the Assize notwithstanding of the 90. Act of the 11 Parliament of King James the Sixth and that if Assizers Assoilȝie notwithstanding of such Confessions they shall be lyable to a Process of Errour and this Law to be of force only to the next Session of Parliament and the 90. Act of the 11. Parliament of King James the Sixth is to continue in its full force as to all the rest of its Tenor and Contents XI ACT Obliging Persons to Accept Offices May 8. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Do hereby Statute and Declare That if any of His Majesties Subjects within this His Ancient Kingdom shall Refuse to Accept the Office of Magistrats Justices of Peace Constables Officers in the Militia or any other Employment laid on them by the King or Council They shall be Fyneable for their said Contempt unless they can propone such reasonable Excuses as may satisfie the Lords of His Majesties Privy Council to whom the Execution of this Act is Remitted And this without Prejudice of any former Right or Priviledge given to the Royal Burrows for Obliging Burgesses to Accept of Offices and Employments within Burgh XII ACT of Supply May 8. 1685. THE ESTATES OF PARLIAMENT Calling to mind the many great Blessings they have and do enjoy under the Protection of the Royal Government and especially by the many Deliverances from the Rebellious Insurrections and Designs of Fanatical Traitors from whom they could expect no less then Confusion in Religion Oppression in their Estates and Cruelty against their Persons and Families And that the terrour of His Majesties Forces hath been very Instrumental for procuring our present Security But considering that not only these Enemies continues their inveterat hatred against King and People but that their frequent Disappointments have heightned their Malice to Despair and that the present Forces may be too few to undergo all the Fatigue which His Majesties Service or the Protection of the Countrey doth Require And to demonstrat to all Seditious Men that this Nation is resolved to bestow all they have in the Kings Service rather than to be exposed to the least of their Insults Do therefore for themselves and the Nation represented by them Make a hearty and dutiful Offer to His Majesty of Two Hundred and Sixteen Thousand Pounds yearly payable at two Terms viz. Whitsunday and Martinmass each year beginning at Whitsunday next 1685 and so furth Termly and that over and beside the Five Moneths Cess already Imposed on this Kingdom by the 3. Act of the Parliament 1681 whereby there will be Four Moneths Cess payable at each Term hereafter beginning at Whitsunday next 1685. And as a further evidence of their entire Affection to the Sacred Person of His present Majesty they humbly and heartily offer a Continuation and Prorogation of the said Four Moneths Cess termly from the said Term of Whitsunday 1685 inclusivè during all the Terms of His Majesties Lifetime which God Almighty long preserve that being the greatest of our Earthly Wishes as it is the chief of our Temporal Felicity and Glory And for the better and more speedy inbringing of Payment of the saids Eighth Moneths Cess the Kings Majesty with Advice and Consent of the Estates of Parliament Nominats Appoints and Ordains the Persons underwritten to be Commissioners within the respective Shires for Ordering and Uplifting of the saids Eighth Moneths Cess viz. For the Shire of Edinburgh The Earl of Lawderdale the Earl of Lothian the Viscount of Oxfuird the Viscount of Tarbet the Lord Torphichen the Master of Balmerinoch the Lord Advocat the Lord Justice Clerk the Lord Reidfuird the Lord Edmingstoun the Lord Newbyth Sir John Maitland of Ravelrig Sir John Dalmahoy of that ilk Sir William Nicolson of that ilk Sir John Fowlis of Ravelstoun Sir Alexander Gibson of Pentland Sir John Clerk of Pennycook Sir William Drummond of Hathorndean Sir Patrick Nisbet of Dean Sir John Young of Leny Sir William Murray of Newtoun Hugh Wallace of Inglistoun Sir William Binning of Wallyford Sir James Dick of Priestfield Henry Trotter of Mortounhall Thomas Craig of Riccartoun Alexander Nisbet of Craigintinny Robert Miln of Barntoun Patrick Hamilton of Falla John Cunninghame of Woodhall Mr. Walter Pringle of Graycruik Mr. James Deans of Woodhouslie Mr. Rodorick Mackenzie of Prestounhall Mr. David Watson of Sauchtoun John Fowlis of Ratho James Baird younger of Sauchtounhall James Murray younger of Deuchar Charles Murray of Hadden Sir William Hope of Grantoun Mr. James Hunter of Murrayes the eldest Baillie of Musselburgh for the time the eldest Baillie of Dalkeith for the time The Earl of Perth
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