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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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Bruce of Broomhall Mr. James Robertson of Newbigging Mr. James Alexander of Kinglassie John Skeen of Halyards younger Mr. Alexander Malcolm of Lochor David Beatoun of Balfour James Beason of Curden Sir John Malcolm of Innertick Robert Bailie of Balmeddieside George Moncreif of Reidie James Prestoun of Dumbrea Sir John Aitoun of that Ilk Michael Malcolm of Neth-hill James Carmichael of Bamblea the Master of Burley James Crawford of Monquhey _____ Scot of Pitlochy John Skeen of Halyards Sir Thomas Hope of Craighall John Balsour of Ferm Sir Philip Anstruther of Ilk Arthur Forbes of Rires _____ Lindsey of Wormounstoun elder Robert Smith of Giblistoun Sir Alexander Areskin of Cambo David Scot of Scots-Tarbet John Cuninghame of Barns _____ Hamilton of Kilbrakmont Andrew Bruce of Earlshaugh Sir William Sharp of Scotscraig Robert Trotter of Lawhill _____ Didinstoun of Samfoord William Anstruther Fiar of that Ilk Mr. James Balsour of Randerstoun Alexander Monipenny of Pitmills _____ Forbes younger of Rires David Balcanquell of that Ilk David Balfour of Grange Sir Michael Balsour of Denmiln _____ Stuart of Rosyth Sir David Arnot of that Ilk James Arnot of Woodmiln Mr. Archibald Hope of Rankilor The Earl of Belcarras Conveener For the Shire of Kinross John Lord Burghlie Sir David Arnot of that Ilk Robert Dowglas of Kirkness Sir John Malcolm of Innerteil John Halyday of Tilliboll Mr. Alexander Crawford of Claslochie James Banken of Colden George Berill Portioner of Kinneswood Patrick Robertson of Smiddiehill the Baillie of Kinross for the time Sir William Bruce of Kinross Sheriff Principal or his Deputs Conveener For the Sheriffdom of Forfar The Earl of Strathmore and Lord Glames the Earl of Southesk and Lord Carnagie the Earl of Airly and Lord Ogilvy the Earl of Panmure the Earl of Northesk the Earl of Midleton the Viscount of Arbuthnet the Lord Lindores Sir David Falconer President of the Session Sir George M●kenȝie of Rosehaugh His Majesties Advocat Sir Patrick Lyon of Carss Mr. James Maule of Balumby Mr. Henry Maule of Kelly Mr. James Carnagie of Phinheaven David Lindsay of Edzell James Carnagy of Balnamoon David Haliburtoun of Pitcur Collonel John Grahame of Claverhouse James Scot of Logie David Fotheringhame of Powrie Sir John Wood of Bonytoun William Durhame sometime of Ardown now of Grange James Crichtoun of Ruthven Gilbert Auchinleck of that Ilk John Guthrie of that Ilk Alexander Carnagie Sheriff Deput of Forfar John Ouchterlauny of Guynd Mr. John Wishart of Balgavie one of the Commissars of Edinburgh Robert Young of Auldbar John Ogilvie of Pitmeves David Grahame of Fintrie _____ Gray of Crichie The Earl of Southesk Conveener For the Sheriffdom of Bamff The Duke of Gordon the Earl of Airly the Earl of Finlater the Lord Oliphant the Lord Bamff Sir Patrick Ogilvie of Boyn Sir James Baird of Achmeddine Sir George Gordon of Edinglaffie the Laird of Troup George Keith of Northfield Sir Henry Guthrie of Kinnedward _____ Grant of Denlugus Walter Stuart of Bog James Ogilvie of Poldavie Thomas Ogilvie in Bogtoun Alexander Hay of Ambath Mr. John and Alexander Abercrombies elder and younger of Glassach George Gordon of Thomybank Patrick Gordon of Claistirum Alexander Gordon of Glengerrack John Ogilvie of Kimpcairn _____ Ogilvie younger of Kimpcaim _____ Innes of Edinkeith _____ of Kilmach _____ Anderson younger of Westertoun John Grant of Balmdalloch the Laird of Park-Gordon Provost Stuart Baillie Fife Baillie John Gordon the Laird of Grant Patrick Grant of Elchies Alexander Duff of Kethmore John Gordon younger of Edinglassie Alexander Duff of Braco James Gordon of Camdell Patrick Stuart of Tanachie _____ Hay of Raneies John Gordon of Baldotnie Francis Gordon of Achintoul _____ Ogilvie of Cantly John Gordon of Auchynachie John Gordon of Rothemay John Gordon of Dallouchy The Duke of Gordon Conveener For the Sheriffdom of Kircudbright The Viscount of Kenmore Sir David Dunbar of Baldoon Sir Robert Grierson of Lagg Sir Robert Lowrie of Maxweltoun Sir Godfrey Mcculloch of Myrtoun Sir Robert Maxwel of Orchartoun Rodger Gordon of Torquhen _____ Grierson of Bargatton _____ Muir of Carsincarrie _____ M●guffock of Rusco Thomas Lidderdale of Isle Richard Murray of Brochtoun Andrew Herron of Keruchtrie David Dunbar of Machnemore _____ Maxwel of Newlaw Hugh Wallace of Inglistoun John Mcgie of Balmagie William Stuart of Levinstoun _____ Gordons elder and younger of Shirmeirs The Laird of Lag Conveener For the Sheriffdom of Sutherland John Lord Strathnaver the Lord Rea James Lord Duffus the Laird of Balnagown Sir Robert Gordon younger of Gordinstoun Sir George Monro of Culrain Sir John Gordon of Doll Sir Robert Gordon of Embo Robert Gordon of Rogart Rodorick Mcleod of Cambuscurrie Adam Gordon of Dalpholly the Laird of Bighouse Aeneas Mcleod of Leadmore Robert Gordon of Carrel Robert Gray of Skibo Patrick Dumbar of Sudderay Mr. Alexander Gordon of Rovie John Dumbar of Torrobel Hugh Monro of Eriboll John Monro of Inveran John Gray of Arboll Mr. John Gordon younger of Carrel Sheriff Deput _____ Mckey of Skeray William Mckey of Borrey Hugh Mckey younger thereof The Lord Strathnaver Conveener For the Sheriffdom of Caithness The Earl of Eroad-Albion John-Lord Glenurchy Sir James Sinclair of May Sir George Sinclair of Clyth John Sinclair of Murkle William Sinclair of Dumbeath _____ Sinclair of Brimes David Murray of Clerden Mr. James Innes of Sandside Mr. Alexander Calder of Augingail Robert Campbel of Breanegleis John Sinclair of Freswick Laurence Calder of Lyneger George Sutherland of Fo rs John Sinclair of Ulbster Robert Sinclair of Durren Robert Campbel of Dalagavich the Sheriff Deput of Caithness for the time Alexander Smart of Wester the Baillies of Thursso for the time the Earl of Broad-Albions Chamberlain in Caithness for the time William Dumbar of Hemprigs John Sinciar of Stircog James Sutherland of Ausada●l Mr. Robert Dumbar of Orkingail Alexander Sinclar younger of Dunbaith Patrick Sinclar of Southdin _____ Sinclar as Brabster _____ Sinclar of Hemster James Sinclar of Lybster James Sinclar of Hoy The Earl of Broad-Albion or the Sheriff Deput of Caithness for the time Conveener For the Sheriffdom of Murray The Duke of Gordon the Earl of Murray the Earl of Dumfermling the Lord Duffus the Lairds of Innes the Laird of Coxtoun the Laird of Cubin elder the Laird of Muirtoun the Laird of Gordinstoun younger the Laird of Brodie Sir Robert Dumbar of Grangehil the Laird of Grant the Laird of Easterelchis the Laird of Dunfail elder the Laird of Grange Charles Mckenȝie of Earnside Thomas Tulloch of Tanochie David Steuart of Newton Alexander Dowglas of Spyny the Laird of Bellandolloch John Innes of Quadrain Walter Innes of Black-hills Alexander Innes of Dunkintie John Cuming of Logie John Dumbar of Boges William Brody of Coutfield the Lord Doun Conveener For the Sheriffdom of Orkney and Zetland The Stewart for the time and his Deputs Archibald Steuart of Burrow William Dowglas of Egleshay William Craigy of Cairsay Iames Grahame of Grams-hall William Ballenden of Stenhouse Henry Grahame
THE LAWS and ACTS Made in the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD King of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 23. of April 1685. By His Grace WILLIAM Duke of Queensberry Marquess of Dumfreis-Shire Earl of Drumlanrig and Sanqhuar Viscount of Nith Torthorwald and Ross Lord Dowglas of Kinmount Midlebie and Dornock c. Lord High Thesaurer of Scotland His Majesties High Commissioner for holding this Parliament by vertue of a Commission under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Collected and Extracted from the Registers and Records of Parliament by GEORGE Viscount of Tarbet Lord M c Leod and Castle-haven c. Clerk to His Majesties Council Registers and Rolls c. I7 R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT EDINBURGH Printed by the Heir of Andrew Anderson Printer to His most Sacred Majesty Anno DOM. 1685. Cum Privilegio GOD SAVE KING JAMES THE SEVENTH LAWS and ACTS Made in the FIRST PARLIAMENT Of Our most High and Dread SOVERAIGN JAMES VII By the Grace of GOD King of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 23. of April 1685. I. ACT For Security of the Protestant Religion April 28. 1685. OUR SOVERAIGN LORD with Consent of the Estates of Parliament Conveened Ratifies and Confirms all the Acts and Statutes formerly past for the Securitie Liberty and Freedom of the true Church of GOD and the Protestant Religion presently professed within this Kingdom in their whole Strength and Tenor as if they were here particularly set down and exprest II. A Declaration and Offer of Duty by the Kingdom of Scotland with an Annexation of the Excise to the Crown April 28. 1685. THE ESTATES OF PARLIAMENT now Conveened by His Majesties Soveraign Authority Taking into their Considerarion how this Nation hath continued now upwards of Two Thousand Years in the unaltered Form of Our Monarchical Government under the un-interrupted Line of One Hundred and Eleven Kings whose Sacred Authority and Power hath been upon all signal Occasions so owned and assisted by Almighty GOD that Our Kingdom hath been protected from Conquest Our Possessions defended from Strangers Our Civil Commotions brought into wished Events Our Laws vigorously Executed Our Properties legally Fixed and Our Lives securely Preserved so that We and Our Ancestors have enjoyed those Securities and Tranquillities which the greater and more flourishing Kingdoms have frequently wanted Those great Blessings we owe in the first place to Divine Mercy and in dependance on that to the Sacred Race of Our Glorious Kings and to the solid absolute Authority wherewith they were Invested by the first and fundamental Law of Our Monarchy nor can either Our Records or Our Experience instance Our being deprived of those happy Effects but when a Rebellious Party did by Commotions and Seditions Invade the Kings Soveraign Authority which was the cause of Our Prosperity yet so far hath Our primitive constitution and fundamental Laws prevailed against the Innovations and Seditions of turbulent Men as that these Interruptions never terminated but either in the Ruine or at least the Suppression of these who at any time did Rebel or Rise in Opposition to Our Government And since so many Ages hath assured to Us the great advantages which flow down to all Ranks of People from the happy Constitution of Our Monarchy and that all Our Calamities have ever arisen from seditious Invasions upon these Sacred Rights THEREFORE The Estates of Parliament for themselves and in name of the whole Kingdom judge themselves obliged to Declare And they Do Declare to the World that they abhor an● detest not only the Authors and Actors of all preceeding Rebellions against the Soveraign but likewise all Principles and Positions which are contrary or derogatory to the Kings Sacred Supream Absolute Power and Authority which none whether Persons or Collective Bodies can participat of any manner of way or upon any Pretext but in Dependance on him and Commission from him And as their Duty formerly did bind them to owne and assert the just and legal Succession of the Sacred Line as unalterable by any Humane Jurisdiction So now They hold themselves on this occasion obliged for themselves and the whole Nation Represented by them in most humble and dutiful manner to Renue the hearty and sincere Offer of their Lives and Fortunes to Assist Support Defend and Maintain King James the Seventh their present Glorious Monarch and His Heirs and lawful Successors in the possession of their Crowns Soveraignty Prerogatives Authority Dignity Rights and Possessions against all Mortals And withall to assure all His Enemies who shall adventure on the Disloyalty of disobeying his Laws or on the Impiety of Invading his Rights that such shall sooner weary of their Wickedness then they of their Duty and that they firmly Resolve to give thei● intire Obedience to His Majesty without Reserve and to concur against all His Enemies Forraign or Intestine And They solemnly Declare That as They are bound by Law so they are voluntarly and firmly Resolved that all of this Nation betwixt Sixty and Sixteen Armed and Provided according to their Abilities shall be in readiness for His Majesties Service where and as oft as it shall be His Royal Pleasure to Require them And since the Excise of Inland and Forraign Commodities granted to King Charles the Second of ever Blessed Memory by the 14. Act of the Parliament 1661 during all the days of his Lifetime and Prorogate by the 8. Act of the Parliament 1681. for Five Years thereafter will shortly Terminat And the Estates of Parliament Considering the usefulness of this Grant to Support the Interest of the Crown Do as the first Evidence of their Sincerity in the foresaid Tender of their Duty Humbly and Unanimously Offer to His most Sacred Majesty King James the Seventh their present Monarch and to His Lawful Heirs and Successors in the Imperial Crown of Scotland the said Excise of Inland and Forraign Commodities exprest in the said 14. Act of Parliament 1661 to be Collected in the manner prescribed by the said 8. Act of the Parliament 1681. for ever And His Majesty and Estates of Parliament by the force of this Act have United Annexed and Incorporated and Unites Annexes and Incorporats the same to the Crown of this Realm to Remain therewith in annexed Property in all Time coming And in respect that the alteration in the method of Collecting the Inland Excise from what it was by the Act 1661 to that prescribed by the 8. Act Parliament 1681. will require some time to Establish it in Collection THEREFORE His Majesty with Consent of the Estates Continues the Collection prescribed by the 14. Act Parliament 1661 for the said Inland Excise for Six Moneths from the first of May next allanerly III. ACT Concerning Citations in Processes
led against all Persons having Interest and allowed by former Commissions the same shall not be drawn in Question nor Rectified upon pretence of enorm lesion at the instance of the Minister not being Titular or at the instance of His Majesties Advocat in respect of His Majesties Annuity except it can be proven that Collusion was used betwixt the Titulars and Heretors or betwixt the Procurator-Fiscal and the Heretors and Titulars which Collusion is declared to be when the Valuations are led with the diminution of the third part of the just Rent which diminution shall be proven by the Parties Oath and with Power to the saids Commissioners or Quorum foresaid where Ministers are not already sufficiently Provided or have not Localities already assigned to them for their Stipends out of the Teinds within the Paroch where they serve the Cure in so far as the same will amount to according to the Quantities Proportions and Rules contained in the 19 Act of the Parliament 1633 to Modifie Settle and Appoint constant Local Stipends to each Minister out of the Teinds of the Paroch where they serve the Cure With Power also to the saids Commissioners to grant recompence by prorogation of Tacks to Parties for all Augmentations of Stipends which are granted since the Year 1630 or shall be granted and that effeiring to the Augmentations already granted or to be granted as the saids Commissioners shall think fit And sicklike To disjoyn too large and spacious Paroches to cause erect and build new Churches to annex and dismember Churches as they shall think convenient and to take order that every Heretor and Liferenter shall have the leading and buying of their own Teinds if they be willing according to the Rules prescribed by the 19 Act and Commission granted by His Majesty with Consent of His Estates of Parliament in anno 1633 and the Acts of Parliament therein-mentioned with Power to Determine all Questions concerning the prices of Teinds betwixt Titulars and others having Right thereto and the Heretors and to appoint such Securities in favours of Titulars and others having Right to Teinds for their prices to be granted to the Heretors and others lyable in payment of valued Duties or Buyers of the saids Teinds and in favours of the Ministers as to their Maintainance as the saids Commissioners shall think fitting according to the Rules set down in the said Act 1633 And each Heretor whose Teinds belongs to Titulars of Erection to have power and liberty to buy the Teinds of his own Lands whether valued or not within the space of three years after the date of this Act With this Declaration always that in case the impediment during the time foresaid flow from the Titular by reason of his Minority or other inability in that case the Heretor who offered to buy his own Teinds within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space after-exprest And it is Declared That if the Heretor be Minor and his Tutor neglect the buying of his Teinds within the foresaid space the Minor shall have Action for two years after his Minority to compell the Titular to sell his saids Teinds And generally with Power to the saids Commissioners to Decide arid Determine in all other points which may concern the Drawing or Leading of Teinds the Selling or Buying of the same or payment of the Rates thereof contained in the former Acts of Parliament or set down in the general Determination given out by His Majesties Royal Father of blessed Memory And if any Person or Persons shall find themselves grieved and complain of the injustice or exorbitancy of any Decreets or Sentences given in any of the Commissions during the time of the late Troubles With Power to the saids Commissioners to take the same to their Consideration and Alter Annul or Allow the saids Decreets and Sentences as they shall find just And it is always Provided and Declared That the Arch-Bishops and Bishops and other Beneficed Persons being Ministers and their Successors shall not be prejudged of the Rents whereof their Predecessors were in actual and real Possession and which by the Laws of the Kingdom were due to them in anno 1637 or whereof they are presently in Possession And that they shall be no further bound but according to the Provisions and Conditions exprest in the Submissions made by the Bishops to His Majesties Royal Father of blessed Memory of the Date the _____ day of _____ 1628 years and Registrat in the Books of Commission for Surrenders and Teinds upon the Fifteenth day of July 1631. And whereas it may fall out that some of the saids Commissioners may be unable able to attend the Service through Death Sickness or other known Impediment THEREFORE His Majesty Declares That He shall be careful to fill their places with other Persons qualified whose Oaths for faithful discharging of the same shall betaken by the Lord Chancellor or in his absence by the Lord President of the Commission for the time And Ordains this present Commission to endure dure ay and while the same be discharged by His Majesty and the Acts Decreets and Sentences thereof to have the force strength and effect of a Decreet or Sentence of Parliament and the Lords of Session to grant Letters of Horning Poynding and other necessars to be direct upon the saids Decreets and Sentences in manner contained in the foresaids Commissions And His Majesty with Consent foresaid hereby Discharges all former Commissions Declaring the same to be expired XXIX ACT Concerning Citations before Circuit Courts June 2. 1685. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Do hereby Ratifie and Approve the practice of the Circuit Courts in citing persons even for Treason upon Porteous Rolls by Messengers or Sheriff-officers without imploying Heraulds or Pursevants which because of the Circumstances of the time place and number of the Pannals cannot be done in Circuit Courts And Declare that for the future it shall be lawful to cite before Circuit Courts after that manner It is alwayes hereby Provided that in cases of Treason the Messenger or Sheriff-officer and Witnesses to the Citation shall be Sworn upon the verity thereof XXX ACT Approving the Narrative of the Plot. June 4. 1685. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Having Read Seen and Considered a Narrative of the late horrid inhumane Conspiracy by that Execrable Traitor Archibald Campbel sometime Earl of Argile and others and the Papers Ciphers and Instructions whereon the same is founded They Do Find and Declare that there has been a pernicious and treacherous Conspiracy carried on by him and others And they THEREFORE Approve the Discovery of the said Plot by the extraordinary Pains Exactness and Industry of the Lords of the Secret Committee Together with the Narrative Drawn and Printed by Authority of the Lords of His Majesties Privy
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
rendered almost every mans life unsecure From all which just Resentments We judged it our Duty in all humility to Address to Your most Sacred Majesty and with all earnestness to Implore that the said Archibald Campbel late Earl of Argile that execrable Traitor should be for ever secluded from Your Majesties favour and that Your Majesty would be pleased to Declare that he his Family and the Heretors Ring-leaders and Preachers who have joyned with him in this Rebellion should be for ever Declared uncapable of Mercy and bearing any Honours or enjoying any Estate within this Kingdom and to Discharge under all highest pains all Your Majesties good Subjects to interceed for him or them any manner of way And that all such as shall interpose for their Restauration shall incur the pain of Treason and that Your Majesty would be pleased in Your Royal Prudence to Inquire who have been the Assisters and Abaters either at home or abroad of this Treasonable Invasion by which Your Majesties Government has been so highly injured and maliciously arraigned and this your Kingdom so Disturbed and Harrassed to the end Your Majesty may Declare Your high Displeasure against them and every one of them to the Terror and Example of others In Return of all which We the Estates of this Your Majesties ancient Kingdom Do hereby most Cordially and Sincerely Offer with our Lives and Fortunes to assist Your Majesty against this and all other Traitours their Adherents and Associats XXXVII ACT for the Clergy June 13. 1685. OUR SOVERAIGN LORD Considering how just and necessary it is and how much it imports the honour of His Government That the persons of the Arch-Bishops and Bishops and all others the Orthodox and Loyal Clergy be protected from the Sacrilegious Assaults Violence Outrages and Assassinations of Fanatical Impious and Bloody-men who to the scandal of Religion and Humanity do maintain the pernicious and horrid Principles of Rebellion Violence Murther and Assassination and to practise accordingly Doth with Advice and Consent of His Estates in Parliament Not only Ratifie and Confirm all former Laws and Acts of Parliament made for the Security or the persons of the Clergy particularly the fifth Act first Session second Parliament Charles the Second Fourth Act second Session second Parliament Charles the Seconds And fifteenth Act third Parliament Charles the Second But further His Sacred Majesty from His just abhorrence of and Indignation against all such horrid and inhumane Principles and Practices Doth with Advice and Consent foresaid of new Statute and Ordain That whatsoever person or persons shall be found guilty of Assaulting the Lives of Bishops or other Ministers or of Invading or Robbing their Houses or actually attempting the same shall be punished with Death and the Confiscation of all their Goods And if any regular Minister shall happen to be Assassinated or Murthered the Parochioners of that Paroch wherein he is Assassinated shall pay such sums as the Privy Council shall determine which sum shall be bestowed to the use and behove of the Wife and Children of the said Minister at the fight of the Privy Council and if he hath neither Wife nor Children It is hereby Declared to belong to the nearest of the said Ministers Kindred and the Legal and Conform Parochioners are to have relief and to be Re-imbursed by the Noneconform Parochioners or others who shall be proven to have had accession thereunto at the fight of the Privy Council And the Estates of Parliament make their humble Address to His Majesty for conferring a competent encouragement and Reward to such persons as shall make effectual Discoveries or shall apprehend any who commit any of the violences foresaid either upon Bishops or Ministers in their persons or goods respectively and if there shall shappen any Slaughter or Mutilation to be committed in apprehending such persons His Majesty with Consent foresaid Doth hereby Indemnifie the persons Imployed and all such as shall assist in apprehending of them and Declareth them free of all question or trouble for the same in all time thereafter And His Sacred Majesty being firmly Resolved to Conserve and Maintain the Church in the present State and Government thereof by Arch-bishops and Bishops and not to endure nor Connive at any Derogation from or Violation of it Doth therefore with Advice and Consent of His Estates Assembled in this Parliament Ratifie Approve and Confirm all former Laws and Acts of Parliament made and passed in the Reigns of His Royal Grand-father King James the Sixth His Royal Father King Charles the First and Royal Brother King Charles the Second of Glorious Memories Restoring the Church to its ancient and right Government by Arch-bishops and Bishops and Redintegrating the Estate of Bishops to the Exercise of their Episcopal Function and to all the Priviledges Immunities Dignities Jurisdictions and Possessions which was enjoyed by or by the Laws of the Kingdom was due to their Predecessors in the year 1637. And Ordains them to stand in full force as publick Laws of the Kingdom and to be put in execution in all points conform to the Tenor thereof as if they were herein all specially repeated and expressed And in pursuance of His Majesties Royal Resolution therein His Majesty with Advice foresaid Doth recommend to all His Ministers of State Lords of His Privy Council and all other Judges and Magistrats to take the Persons and Interests of the Loyal and Orthodox Clergy under their special Care and Protection That all Laws Acts and Statutes made in their favours may receive due and ready obedience from all His Majesties Subjects XXXVIII ACT Concerning the Registration of Writs in the Books of Session June 13. 1685. OUR SOVERAIGN LORD With Advice and Consent of the Estates of Parliament Considering That there have been in all Time by-past only three Offices of the Ordinary Clerks of Session and that the Erection of any moe of these Offices is unnecessary and may be prejudicial to the Leidges THEREFORE Statutes and Ordains That there be only three Offices of Ordinary Clerks of Session in time coming and that there be no moe then two Persons conjoyned in each of these Offices which shall remain intire in the full extent thereof without Alteration Division or Dismemberation of any part of the same And Statutes and Declares That they as Clerks to the Session and their Successors have the only Right to be Clerks as Deputs to the Lord Register to all Processes which are competent before the Lords of Session and to the Registrating and Extracting of all Writs Registrat in the Books of Council and Session and have right to all Priviledges Profites and Emoluments whereof the saids Clerks are in Possession And for the better securing of the Leidges both as to the Registration and Preservation of Principal Writs Statutes and Ordains That the Clerks of the Session keep an exact Register a part in every one of their Offices for Registration of all Writs and that they appoint one or two fit
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 Mckenȝie 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
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