Council as good and acceptable Service done by them for the Security of His Sacred Majesty and this His ancient Kingdom XXXI ACT for Security of the Officers of State and others June 4. 1685. OUR SOVERAIGN LORD Considering the great and acceptable Services done to His Majesty by the Secret Committee His Majesties Privy Council and His other Judges and Officers And being desireous to Secure them for their Actings and Omissions in His Majesties Service in most ample Form Doth therefore with Advice and Consent of His Estates of Parliament Indemnifie and Secure all and every one of His Majesties present Officers of State the Members of the Secret Committee Lords of the Privy Council and all His Majesties Judges both Civil and Criminal the Officers of the Army and all others who have Acted by His Majesties Commissions or by Commission from His Privy Council against all Pursuits or Complaints that can be raised against them any manner of way for their Actings in His Majesties Service As likewise for their Omissions and wherein they have fallen short of their Duty and that as fully as if every particular Crime or Misdemeanour were particularly specified in a Remission under His Majesties Great Seal or contained in an Act of Indemnity Requiring all His Majesties-Judges to Interpret this Indemnity in the most ample and favourable Sense as they will be answerable XXXII ACT Concerning the Militia June 4. 1685. OUR SOVERAIGN LORD with Consent of His Estates of Parliament Considering that it may contribute for the ease of the people to have the ordinary Rendezvouzes of Militia Discharged unless extraordinary occasions should otherwise require THEREFORE they Discharge all Rendezvouzes of the Militia in time coming during His Majesties Royal Pleasure and until His Pleasure be so Declared that no Leaders nor Assisters shall be lyable for furnishing and contributing to buy or maintain Horse or Foot on that account And they Recommend to the Secret Council to take such courses for disposing of the Militia Arms in the respective Shires as shall seem most expedient for His Majesties Service But prejudice alwayes of the continuance of the former and present Constitution of the Militia during the present Rebellion XXXIII ACT for Security of the Records June 4. 1685. OUR SOVERAIGN LORD and Estates of Parliament Considering of how great Importance it is to the Leidges That the Records and Registers be securely Keeped Do therefore Ordain That all Clerks within the Kingdom who keep such Registers as are or have been in use to be delivered into the Clerk Register to be preserved in His Majesties General-Register-house shall give in all their Registers and Books proceeding the first of August 1675. before the first of November 1685. To be keeped by the Clerk of Registers And that hereafter they shall keep only ten years Records in their own hands for the use of the Leidges With Certification that these who failÈies shall incur such pains and penalties as the Lords of Session shall think fit And it is hereby Declared That no privat Grant made by any Clerk Register shall excuse them from obedience to this Act which tends so much to the security of the people and preservation of the Records XXXIV ACT for Poll-Money June 4. 1685. OUR SOVERAIGN LORD with Consent of the Estates of Parliament Statutes and Ordains that for relief of Heretors and others lyable in the Supply Granted to His Majesty by this present Parliament that their Vassals who pay no part of the Cefs and also their own and their Vassals Tennents Sub-tennents and others living upon their Land shall be Taxed and pay in to the saids Heretors yearly during the said Supply the sums of Money following viz. Each Gentleman above the quality of a Tennent a proportion to be appointed by the Heretor not exceeding six pounds Scots yearly for himself his Wife and Children Each Tennent and other Inhabitant above the quality of a Trades-man or Cottar a proportion not exceeding four pounds for themselves their Wives and Children And each Trades-man Cottar or Servant a proportion not exceeding twenty shilling Scots yearly for themselves their Wives and Children And it is Ordained that the Heretors shall have the same execution for raising of the saids sums as for their Mails and Duties XXXV ACT anent Messengers Fees June 4. 1685. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Statute and Ordain That it shall be in the power of the Sheriffs Stewarts Bailies of Regalities Justices of Peace and Magistrats of Burghs Royal respective within whose bounds any Legal Diligences shall be used to modifie the Prices and Charges craved by Messengers for execution of their Offices from any of His Majesties Leidges upon the Complaint of the Parties either for or against whom the Messengers were Imployed XXXVI 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 June 11. 1685. THE ESTATES of PARLIAMENT Taking to their Consideration the great happiness conferred on this Nation by Almighty GOD in having been for so many Ages Governed and Protected by a long and continued Succession of Glorious and Just Monarchs and when they had very just reason to expect a further continuance and increass in this happiness from the auspicious Entry of Your Sacred Majesty to the Possession of Your undoubted Right and from your extraordinary Justice Prudence Courage and Conduct They cannot but with horror reflect on the unparalelled Treachery of that Hereditary and Arch-Traitor Archibald Campbel late Earl of Argile who after that Our late Merciful King had restored His Family notwithstanding it had been guilty of a dreadful tract of Rebellion Bloodshed and Oppression and had raised it to a greater Lustre and Estate than ever it had formerly arrived at Yet he did imploy that Power the King had invested him with to support that Traiterous and Fanatical party and to oppress all who had served the King against His Father in the late Rebellion And being more led by the inveterat Treachery in which he had been educated then remembring the great favours so undeservedly bestowed upon him he committed these Crimes for which he was justly forefaulted And in prosecution of them he has at last absolutely pluckt off the mask by Invading this Your Majesties ancient Kingdom and his own Native Countrey and by endeavouring to defame in a publick Proclamation the late King and Your Sacred Majesty Robbing and spoiling such Innocent and Loyal men as would not joyn with him and associating to him these barbarous Miscreants who did undertake to assassinat Your Majesty and Your Royal Brother as Rumbold the Maltster now passing by the Name of Bowls who at the Ry was to have committed the said horrid Assassination These also who actually murdered James late Arch-bishop of St. Andrews as John Balfour of Kinloch George Fleming in Balbuthy and these other Assassins who have
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 AnnalÈied 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 AnnalÈied 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
And the Accompts being stated and fitted that they be payed or allowed by the respective Collectors in the first end of what is due by the Shire or Burgh 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 Life-renters and Others having Right to Liferents Jure Mariti Wodsetters Tacksmen having Tacks for longer time than for Eighteen Years All Masters of Ships and such other Burgesses and Inhabitants of Burghs 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 January 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 SpulÈies 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 Execution XVI ACT Anent Justices 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 Justices for keeping of the Kings Peace and Constables The 25. Act of the Parliament 1633. And the 38 Act of the Parliament 1661 Intituled Commissions and Instructions to the Justices 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
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 yet in force unrepealled yet by the distraction of the late Times they have been less regarded these many Years by gone to the enorm lesion of Our People and contempt of Our Authority Have therefore with Advice of Our Privy Council thought fit to Revive all the Laws that stand yet unrepealled or innovate for preserving of Doe Roe Hares and Wild-Fowl and especially the 31 Act of the 23 Parliament of K. James the sixth whereby all Persons who are not Heretors are prohibited to Hunt or Hawk and that neither Heretor or other shoot Deer or Roe in time of Snow As also the 11 Act of the 4 Parliament of K. James the fifth and 210 Act of the 14 Parliament of K. James the sixth by which Letters are ordained to be direct charging all Keepers of His Majesties Forrests to permit no Pasturage within the Marches of the Forrests but that they seize and escheat them under the pain of loss of their Office and that Forresters of Forrests belonging to privat Men shall apprehend such as travel with Guns or Dogs in Forrests and carry them to the nearest Sheriff Stewarts of Stewartries Baillies of Bailliaries and Regalities or Justices of Peace to be secured to answer as accords of the Law and that all such of the Leidges who shall be required to concur to apprehend such Persons give ready Obedience as is ordained by the Forrest Laws cap. 15. and cap. 22. and these who conceal them be fined as Art and Part of the said fault And further We do hereby forbid all shooting of Hares or Herron at any time under the pains contained in the Acts of Parliament made thereanent Item That all Persons forbear to slay any Muir-fowl Heath-fowl Partridge Quail Duck or Mallard Tale or Atale or Tormichan from and after the first day of Lent to the first of July yearly according to the 108. Act Parliament 7. K. James 1. excepting Water-fowl with Hawks in Dredging-time Item The 23 Act Parl. 16. K. James 6. Forbidding the killing of Muir-fowl-pouts before the first of July Heath-pouts before the first of August or Partridge or Quail before the first of September yearly Item We Revive the 48 Act Parl. 4. K. James 4. Forbidding Muirburn after the last of March and the Masters to be lyable for all upon their Land And further We considering that Setting-Dogs and other Engines for killing of Fowl is a great cause of the scarcity of Game We do hereby prohibite and discharge all Persons to have or use Setting-Dogs unless he be an Heretor of one Thousand Pound of valued Rent and have express License of the Masters of Our Game within their several Bounds under the pain of Five Hundred Merks toties quoties in case of failÈie And We do hereby discharge all common Fowlers and Shooters of Fowl or any persons except they be Domestick-Servants to Noblemen or Gentlemen who are Heretors of One Thousand pounds Scots of valued Rent to have or make use of Setting-Dogs or Fowling-pieces under the pain of escheat of such Dogs or Guns and Imprisonment of their persons for the space of six Weeks toties quoties Item We Revive the 210 Act Parl. 14. K. James 6. Whereby Shooting Hunting or Hawking within six Miles of Our Palace are Prohibited under the pains therein contained without express License of the Masters of the Game And seing the Fowls Hares and Roes are already so far destroyed that there is ground to fear a total decay thereof We therefore with Advice foresaid Do Revive the 23 Act Parl. 16. K. James 6. Forbidding all selling or buying of Deer Roe Hares Muir-fowl Tormichan Heath-fowls Partridge or Quail for the space of seven Years next ensuing the 20 day of June instant Year 1682 under the pains contained in the said Act And for the better discovery of the Contraveeners We do hereby give Warrand to the Masters of Our Game their Deputs or others impowered by either of them in their respective Bounds to make search for any of the saids Deer Roe Hares Muir-fowl Tormichan Heath-Fowl Partridge or Quail so killed in any suspect place within or without Burgh as well the Buyers as Sellers in Mercat or out with the famine or Fowlers and to seize search secure and confiscate the same for their own use Item We do hereby Revive the 51 Act Parl. 6. Q. Mary Forbidding Hunting on other Mens Ground without leave of the Owner And whereas by the 11 Act Parl. 1. K. James 1. Cruives and Zairs set on fresh Water without express Infeftments of Salmond-fishing are ordained to be destroyed and put away for ever and that where Cruives are allowed by Infeftments that ilk Heck be three Inch wide which is ratified by the 73 Act Parl. 10. K. James 3. And by the 87 Act Parl. 14. K. James 2. It is statute that no Man set Vessels Creels Weirs Nets or any other Engine to hinder Smolts from going to the Sea and that Coups Masses Nets Prins set on Waters that has course to the Sea be destroyed and who holds them up to be lyable as destroyers of red Fishes Item That all Millers that slays Smolts or Trouts with Creels or any other Engine or any who Dams or Laves shall be punishable as Slayers of Red-Fish conform to the 73 Act Parl. 5. K. James 3. and where the Transgressours has no Means they are appointed to be put in Prison Irons or Stocks for the space of one Moneth upon their own Expenses and if they have it not of their own to be fed on Bread and Water conform to the 89 Act Parl. 6. K. James 6. And by the 13 Act Parl. 18. K. James 6. The steeping of Lint in Rivers Lochs or Burns where Fishes are is discharged and that under the pain of fourty Shilling Scots toties quoties and confiscation of the Lint Which good and ancient Laws yet standing unrepealled or innovate We have thought fit hereby to Revive and Ordain to be put in Execution Ordaining hereby the Masters of Our Game to require all Heretors and others to throw down all Cruives and Zaires set on fresh Waters without express infeftment of Salmond-fishing betwixt and the first day of July next under the pain of an hundred pounds Scots to be uplifted off these who refuse and the Sheriffs and their Deputs to give speedy Justice therefore when desired by the Masters of the Game or their Deputs And We appoint the several Sheriffs and their Deputs Stewarts of Stewartries Bailiffs of Regalities and their Deputs and Magistrats of the next adjacent Burrows to concur with the Masters of Game for throwing down of the saids Cruives Creels Nets and Engines when they shall be required and if the saids Judges be found negligent that the foresaid Penalty be uplifted off themselves according to the 68 Act Parl. 9.
Possession shall be obliged within Fourty Eight Hours after the said Dog or Hawk shall be so taken by him to send and Book the same in the Sheriff-Clerk his Books where the Waith-Goods are booked the Dog by the Kind Collar and Marks and the Hawk by the Kind and Vervels if it have any for which there shall be payed to the Sheriff-Clerk Six Shillings Eight Pennies Scots which the Owner of the Hawk or Dog shall be obliged to repay together with Two Shillings Scots for each Mile that the Bearer shall be sent to the Sheriff-Clerk or Booking of the said Dog or Hawk And in case the Dog or Hawk shall not be Claimed by Letter or otherways by the just Owner within Six Moneths after it shall be so booked in the Sheriff-Clerk of the Shire where the Dog or Hawk shall be taken his Books Then and in that case the Dog or Hawk shall belong and appertain in Property to the Possessor and the Owners shall not be heard thereafter to Claim the same And if the Taker and Keeper of any Hawk or Dog shall failÈie to cause Book the same in manner above-specified he shall pay the Sum of Fourty Pounds Scots of Penalty to the Owners if they shall pursue the same before any Judge competent XXII ACT Concerning TailÈies May 27. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Statutes and Declares That it shall be lawful to His Majesties Subjects to TailÈie their Lands and Estates and to Substitute Heirs in their TailÈies with such Provisions and Conditions as they shall think fit and to Affect the saids TailÈies with Irritant and Resolutive Clauses whereby it shall not be lawful to the Heirs of TailÈie to Sell AnnailÈie or Dispone the saids Lands or any part thereof or Contract Debt or do any other Deed whereby the famine may be Apprised Adjudged or Evicted from the others Substitute in the TailÈie or the Succession frustrate or interrupted Declaring all such Deeds to be in themselves null and void and that the next Heir of TailÈie may immediatly upon Contravention Pursue Declarators thereof and Serve himself Heir to him who died last Infest in the Fee and did not Contraveen without necessity any ways to represent the Contraveener It is always Declared that such TailÈies shall only be allowed in which the foresaid Irritant and Resolutive Clausesare insert in the Procuratories of Resignation Charters Precepts and Instruments of Seasing And the original TailÈie once produced before the Lords of Session Judicially who are hereby Ordained to Interpose their Authority thereto And that a Record be made in a particular Register-Book to be kept for that effect wherein shall be Recorded the Names of the Maker of the TailÈie of the Heirs of TailÈie and the general Designations of the Lordships and Barronies and the Provisions and Conditions contained in the TailÈie with the foresaid Irritant and Resolutive Clauses subjoyned thereto to Remain in the said Register ad Perpetuam rei Memoriam And for which Record there shall be payed to the Clerk of Register and his Deputs the same Dews as is payed for the Registration of Seasings and which Provisions and Irritant Clauses shall be Repeated in all the subsequent Conveyances of the said TailÈied Estate to any of the Heirs of TailÈie And being so Insert His Majesty with Advice and Consent foresaid Declares the samine to be real and effectual not only against the Contraveeners and their Heirs but also against their Creditors Comprysers Adjudgers and other Singular Successors whatsoever whether by Legal or Conventional Titles It is always hereby Declared that if the saids Provisions and Irritant Clauses shall not be Repeated in the Rights and Conveyances whereby any of the Heirs of TailÈie shall brook or enjoy the TailÈied Estate the said Ommission shall Import a Contravention of the Irritant and Resolutive Clauses against the Person and his Heirs who shall omit to insert the same whereby the said Estate shall ipso facto fall accresce and be devolved to the next Heir of TailÈie but shall not militat against Creditors and other Singular Successors who shall happen to have Contracted bona fide with the Person who stood Infest in the said Estate without the saids Irritant and Resolutive Clauses in the body of his Right And it is further Declared That nothing in this Act shall Prejudge His Majesty as to Confiscations or other Fines as the Punishment of Crimes or His Majesty or any other lawful Superiour of the Casualities of Superiority which may arise to them out of the TailÈied Estate but which Fines and Casualities shall Import no Contravention of the Irritant Clause XXIII ACT Ratifying the opinion of the Lords of Session anent these who refuse to Depone anent the late Treasonable Proclamation 1684. June 2. 1685. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Ratifie Approve and Confirm an Opinion given by the Lords of Council and Session upon the _____ day of November 1684. Whereby they find that if any of His Majesties Subjects being questioned by His Majesties Judges or Commissioners if they owne a late Traiterous Proclamation in so far as it Declares a War against His Sacred Majesty and asserts That it is lawful to Kill all such as Serve His Majesty or who shall not dissown the same are thereby guilty of High Treason and are Art and Part of the said Treasonable Declaration And also Ratifies Approves and Confirms all Processes of Treason Led or to be Led thereupon in time coming XXIV ACT Ordaining that Tennents be obliged by their Tacks to live Regularly June 2. 1685. OUR SOVERAIGN LORD with Advice and Consent of the Estates Conveened in Parliament Do Statute and Ordain That all Masters whether Heretors Liferenters proper Wodsetters Tutors Tacks-men Donators of Wards or Liferents shall in all time-coming insert in all Tacks to be set by them to their Tennents as well in Burgh as Landward an express Clause whereby the Tennent shall oblige himself That he his Family Cottars and Servants shall live Peaceably and Regularly free of all Fanatical Disorders under the pain of the Tennent Cottar or Servant Contraveening their losing the half of their Moveables respective each for their own fault And where there is no written Tacks that all the Tennents shall enact themselves in the Masters Court Book or in the Town Court Books within Burgh or give Bond to that effect and in the Tenor foresaid Which Enrolment of Court is to be subscribed by the Tennent or if he cannot write by the Clerk of the Court in his name and if the Master or any of the persons foresaid shall fail herein they shall pay an years Rent of the Lands set otherwise a third part whereof to the Discoverer if he prove the same and two parts to the Kings Majesty And all Masters and others foresaids who have Lands already set in Tack without the saids Clauses are hereby Ordained to
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 gâ—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 outwiâ—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
Shires as also that half of the Casualities belonging to the King and Prince formerly dispon'd by His Majesty and His Predecessors to the Earl of Argile and his Predecessors viz. The half of the Wairds Releifs Marriages Non-Entries Escheats Amerciaments and of all Casualities whatsoever belonging to the King and Prince within the saids Shires And sicklike the Patronage of all Kirks and Prebandries which any manner of way did belong to the said late Earl and his Predecessors And in like manner the Constabularies of the Castles of Craignish Tarbet Carrick Dunine Swine and Dunstaffnige with the Profits Rents and Emoluments belonging thereto As also the Superiorities of all and whatsoever Lands belonging to the Earl of Proad-Albion Lord Lovat John Mcleod of Herreis the Heirs of the late Lord Mcdonald of Donald Mcdonald of Moydart of the Laird of Mclean _____ Mclean of Lochbuy _____ Mclean of Torlosk and of the other Heretors holding of the late Earl of Argile in the Isles of Mull Jura Tirie of the Lands belonging to the Lairds of Calder Locheall Achinbreck Mcnaughtan Arkinless Mcalaster of Tarbat Arbruchell Duncan of Lundy Campbel of Archattan the Lairds of Ormsey and Lochnell together with the Superiority of the Burgh of Inverary and the Property of the House Castle and Parks of Inverary Declaring that the generality hereof shall be as sufficient as if each part of the saids Lands and every Patronage were particularly herein exprest And that this present Annexation is affected with all the Conditions and Provisions as to the way and manner of Alienation and Dissolution mentioned and exprest in the former Act of Parliament Annexing to the Crown the Lands of the Earl of Tarras Lord Melvill and others XLI ACT Declaring the Greenland-Fishing to be a Manufactory June 16. 1685. OUR SOVERAIGN LORD With Consent of His Estates of Parliament Considering the great Advantage which may accrew to this Kingdom by encouraging the Greenland-Fishing whereby vast Sums of Money will be kept within the Kingdom and by the export of Oyl and Whale-bone considerable Sums of Money brought into the Kingdom Do therefore Declare the Greenland-Fishing an Manufactory and to have all the Priviledges and Immunities made in favours of any other Manufactory or Fishing-Company And that all Ail or Drinking-Beer made use by the Ships to be sent to Greenland and an Butt of Brandy for each Ship yearly shall be free from Excise Imposition Custom or any Dues whatsoever And the Greenland-Fishing being much prejudged by the importing of Forraign Soap or Whalebone the Customers quitting the one half of the Duty imposed by Act of Parliament upon Imported Soap Do therefore expresly Prohibite and Discharge the Fermorers of His Majesties Custom or others from quitting or abating any of the said Duty due by Law upon Imported Whale-bone or Soap and if it be discovered that they shall quite or abait any of the said Duty that the said Soap or Whale-bone shall be Confiscate the one half to His Majesty and the other half to the Discoverer and the Tacksmen or Collector who shall be found so guilty to be Censured by His Majesties Privy Council or Exchequer as they judge fit XLII ACT of Annexation of several Lands to the Crown June 16. 1685. OUR SOVERAIGN LORD and Estates of Parliament Considering that the Traitors after-mentioned have of late been Forefaulted upon Processes of Treason Intented at the Instance of Sir George MckenÈie His Majesties Advocat against them both before the high Court of Parliament and the Commissioners of Justiciary viz Sir John Cochran of Ochiltry Sir Patrick Hame of Polwart Thomas Steuart of Cultness _____ Pringle of Torwoodlie George late Lord Melvit David Montgomery of Lain-shaw Sir Hugh Campbel of Cesnock Sir George Campbel younger of Cesnock Mr. Robert Martin sometime Clerk to the Justice-Court Walter late Earl of Tarras Mr. Robert Bailie of Jerriswood Thomas Kenedy of Grange _____ Porterfield of Duchal Mr. William and Alexander Gordons late of Earlstoun elder and younger James Gordon younger of Craighen And His Majesty and Estates of Parliament being desirous to Annex the whole Lands Barronies Teinds Annualrents Roums Possessions Milns Woods Fishings and others which pertained to the fore-named persons any manner of way to the Crown for the better Supporting the Dignity of His Royal Estate and the expenses of His Government His Majesty Does therefore with Advice and Consent foresaid Ratifie and Confirm the saids Decreets of Forefaulture And Ordains the same to be of full force strength and effect in all time coming holding and willing this their Ratification to be as sufficient and effectual as if the saids Decreets and whole Tenors thereof were insert herein And further His Majesty with Consent foresaid Doth Unite Annex and Incorporat to His Crown of this His ancient Kingdom to remain inseparably therewith in all time coming all and whatsoever Lands Lordships Baronies Heretages Roums Possessions Milns Woods Fishings Tacks Steedings Teinds Annualrents Patronages Wodsets expired Apprysings and Adjudications Castles Towers Fortalices Houses Biggings Yairds Orchyairds Annexis Connexis Tennents Goods and Aikers and all other Heretages Lands and Estates whatsomever pertaining and belonging to the fore-named persons Rebels and Traitors above-mentioned or any of them by whatsomever manner of way Right or Title and wherein they or any of them have been or might have been in Possession or to which they or any of them have succeeded or may succeed as Representing any person and where the same ly within this Realm of whatsomever Name Title Bounding or Designation the same be of Dispensing with the foresaid generality And Declaring the same to be as sufficient as if every particular Roum Land or Barony pertaining to the fore-named forefaulted Rebels and Traitors or any of them and which can any manner of way fall under their Forefaultries were herein particularly condescended on and exprest And particularly but prejudice of the foresaid Generality the Lands Baronies and others after-mentioned which formerly pertained to these of the saids Traitors after-named viz. The Lands and Barony of Ochiltry the Lands and Barony of Trabeanch the Lands of Chalmerstonn the Lands of Kinowdouns and Flownstoun the Lands of Craigman The Lands of Brownstoun Beaches the Lands of Green-hill and the Superiorities and Feu-duties of the twenty pound Land of Carbel all lying within the Sheriffdom of Air with the whole Pertinents thereof which pertained to the said Sir John Cochran sometime of Ochiltrie The Lands and Barony of Polrart the Lands and Barony of Greenlaw Red-path with the Rights of Patronages and whole Pertinents thereof and Lands of _____ _____ pertaining to the said Sir Patrick Hume sometime of Polwart lying within the Sheriffdom of Berwick The Lands and Barony of Cultness lying within the Sheriffdom of Lanerk And the Lands of North-Berwick lying within the Constabulary of Haddingtoun which pertained to the said Thomas Steuart sometime of Cultness The Lands and Barony of Torwoodlie with the Pertinents thereof lying within the Lordship of Ettrick-Forrest
Declared that if any of the saids Lands hold of a Sub-altern Vassal That it shall be Lawful to His Majesty to present a Vassal to the Intermediat Superiour To the end His Majesty may thereby apply the Mails and Duties of these Lands so holden to His Majesties own use It is always hereby Declared That the Annexation of the Lands of North-berwick as belonging to the said Thomas Stuart sometime of Cultness shall not prejudge the Senators of the Colledge of Justice as to their Right and Interest in these Lands who are hereby Declared preferable for the same Reserving also Lieutennant Collonel Theophulus Ogilthrop and Major Mayn and Captain Cornwal his Authors the Rights and Grants made to them respectivsegravè by His late Majesty in so far as concerns the Lands Gifted to them to be bruiked and enjoyed by them ay and until they be satisfied by His Majesty or by their own Intromissions XLIII ACT in favours of the Inhabitants of Orkney and Zetland June 16. 1685. OUR SOVERAIGN LORD Considering the great distance of the Islands of Orkney and Zetland from the Town of Edinburgh the ordinary place of Justice and the uncertainty of Passage by Sea and the many fresh Waters and other Ferries in the way by Land Doth with Advice and Consent of His Estates of Parliament Statute and Ordain That all Summons to be intented against the Inhabitants of Orkney and Zetland before the Lords of Privy Council the Lords of Session and before the Commissioners of Justiciary and Letters of Horning and Law-borrows upon their Decreets or by their Warrand shall be execute in time coming upon fourty days but prejudice always of Letters to be raised upon Writs Registrated of consent of parties where by the Clause of Registration the party consents that execution should pass on a shorter time XLIV ACT for a Standart of Miles June 16. 1685. OUR SOVERAIGN LORD Thinking it fit that there should be a fixed Standart for Measuting and Computation of Miles and that the whole Isle of Britain should be under on certain kind of Commensuration Doth therefore with Consent of the Estates of Parliament Statute and Ordain That three Barley Corns set lengthways shall make an Inch as it is already used That twelve inches shall make a Foot of Measure which is to be the only Foot by which all Work-men especially Masons Wrights Glasiers and others are ordained to measure their Work in all time coming under the pain of an hundreth pounds toties quoties Three of these Foot 's are to make a Yard as three Foot and one Inch makes a Scots Eln And a thousand seven hundreth and sixty Yards are to make a Mile which is to be made the Standart of Computation from place to place in all time coming XLV ACT in favours of Sir William Bruce for enlarging the Shire of Kinross Iune 16 1685. OUR SOVERAIGN LORD and Estates of Parliament Considering the smalness and extent of the Sheriffdom of Kinross and Jurisdiction thereof to support and maintain the State and Rank of a distinct Shire as it is and anciently has been and that it will be of great advantage and ease to His Majesties Lieges the several Heretors Residenters and Inhabitants within the Parochs of Portmock Cleish and Tilliboal excepting alwayes and reserving the Jurisdiction of the Lands of Carnboe Bridge-lands Cruick and Cruick-miln lying in the said Paroch of Tilliboal and Stewartry of Strathern whereof James Earl of Perth Lord high Chancellour is Heretable Stewart out of this present Act which is hereby Declared to be without prejudice thereunto Infringement thereof or Incroachment thereupon or to the detriment of the said Heretable Stewartry in any manner of way whatsomever and to the Heretors of these several parts and portions of Land lying in the Paroch of Kinross and in the Shires of Fife and Perth and of the Barony of Cuthilgourdy lying in the Shire of Perth and belonging to Sir William Bruce of Kinross Baronet Heretable Sheriff of the said Shire of Kinross be Disjoyned from the saids Shires of Fife and Perth and Jurisdictions thereof and Joyned Annexed and United to the Shire of Kinross and Jurisdiction thereof unto which the saids Parochs and Lands ly contigue and most conveniently And that John Marquess of Athol Sheriff principal of the Sheriffdom of Perth and Margaret Countess of Rothes and the Deceast Charles Earl of Hadingtoun her Husband Heretable Sheriff of the Shire of Fife have for their respective Interests consented to the Disjunction of the saids Lands and Parochs above-mentioned from the saids Shires of Fife and Perth and to the Uniting them to the said Shire of Kinross and Heretable Jurisdiction thereof in favours of the said Sir William Bruce Heretable Sheriff of the same with the burthen of the Valuation and all other publick burthens laid on or to be laid on the same THEREFORE His Majesty and Estates of Parliament upon the Considerations foresaid hereby Dismember and Disjoyn the saids several Parochs of Portmock Cleish and Tilliboal and whole Lands contained therein Reserving the Jurisdiction of the saids Lands as is above reserved and the saids parts and portions of Land in the Paroch of Kinross lying within the saids Shires of Fife and Perth and the saids Lands and Barony of Cuthilgourdy from the saids Shires of Fife and Perth and Jurisdictions thereof for now and ever And Adjoyn Unite Annex and Incorporat the same to the said Sheriffdom and Heretable Sheriff-ship of Kinross And Statute Ordain and Declare them in all time coming to be a part of the Shire of Kinross in and to all effects and purposes and in particular in point of Jurisdiction Judicatures Civil and Criminal and in all matters privat and publick whatsoever and in the ordering casting and collecting of Cess Excyse Militia Out-reeks of Levies and mending of High-wayes as amply and freely as any other Shires do or may do within this Kingdom Discharging hereby all other Sheriffs and their Deputs and Justices of Peace within the saids Shires of Fife and Perth from exercing any Power of Jurisdiction over any of the saids Lands and Parochs foresaids Heretors and Inhabitants thereof in any time coming as being now only answerable to the Sheriff-Court of Kinross and Justices of Peace within the same Reserving alwise to the said James Earl of Perth and his Heirs the Jurisdiction of the saids Lands of Cruik Cruik-miln Carnboe and Bridg-lands as Heretable Stewart of the said Stewartry of Strathern And in respect that formerly the publick Burthens Cess Excise Militia and mending of High-wayes and other publick Concerns were because of the smalness of the Shire of Kinross and that for many years the Right and Interest thereof was broken and divided in the hands of many Creditors casten in and mannaged with the publick Concerns of Fife And the Shire of Kinross being now enlarged and that Interest brought in and made intire again in the person of the said Sir William Bruce THEREFORE His Majesty with Consent