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A58628 The laws and acts made in the first Parliament of our most high and dread soveraign James VII by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden at Edinburgh the twenty third day of April 1685, by His Grace William Duke of Queensberry ..., His Majesties High Commissioner for holding this Parliament, by vertue of a commission under His Majesties great seal of this kingdom : with the special advice and consent of the Estates of Parliament / collected and extracted from the registers and records of Parliament, by George Viscount of Tarbet, Lord McLeod, and Castle-haven, &c. ...; Laws, etc. Scotland.; Cromarty, George Mackenzie, Earl of, 1630-1714.; Scotland. Parliament. 1685 (1685) Wing S1252; ESTC R472631 57,189 47

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all such Clerks as shall not before the first-day of November next to come report in Exchequer the Lists under their hands of all such bygone Casualities fallen preceeding the date hereof and thereafter from time to time within six moneths after the same shall happen to fall and vaik if the persons die within the Kingdom That they shall amit lose and tyne their Office of Clerk-ship to be immediately disposed on by these who shall have right thereto without any Declarator or other Process whatsoever And to the effect they may the better know the tenor of the holding of all Lands within their respective Jurisdictions His Majesty with Advice forsaid Ordains the saids Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs at the next Michaelmass Head-Court and at such other Dyets as they shall think convenient to cause all the Vassals within their respective Jurisdictions produce before them their Charters to the effect the Clerks may record the Reddendoes thereof in their Books who are ordered immediately thereafter to return them to the Parties without payment of any money for the same And Ordains Letters of Horning to be directed against those who shall fail to produce their Charters as said is And it is hereby declared that in all time coming when poynding is used for the Kings proper Rents the Apprising of the Goods poynded may be al 's Legally done upon the Ground of the Lands allenarly as if the samine were Apprised at the Mercat Cross of the head Burgh of the Jurisdiction notwithstanding of any Law or Practice in the contrary X. ACT Concerning Iudicial Confessions before the Commissioners of Iusticiary May 8. 1685. THE KINGS MAJESTY and Estates of Parliament Do hereby Statute and Declare all Confessions of Parties after they have received an Indictment in the Case of Treason against the Kings Person or Government allenarly Emitted before the Commissioners of Justiciary Sitting in Judgment and Subscribed by the Pannal or by the saids Judges in the Case where the Pannal owns the Confession as it is Reduced in Writ and yet either cannot or refuses to Subscribe shall be Considered as a Judicial Confession and shall be as Probative to Assizes as if the same had been Emitted in presence of the Assize notwithstanding of the 90. Act of the 11 Parliament of King Iames the Sixth and that if Assizers Assoilzie notwithstanding of such Confessions they shall be lyable to a Process of Errour and this Law to be of force only to the next Session of Parliament and the 90. Act of the 11. Parliament of King Iames the Sixth is to continue in its full force as to all the rest of its Tenor and Contents XI ACT Obliging Persons to Accept Offices May 8. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Do hereby Statute and Declare That if any of His Majesties Subjects within this His Ancient Kingdom shall Refuse to Accept the Office of Magistrats Justices of Peace Constables Officers in the Militia or any other Employment laid on them by the King or Council They shall be Fyneable for their said Contempt unless they can propone such reasonable Excuses as may satisfie the Lords of His Majesties Privy Council to whom the Execution of this Act is Remitted And this without Prejudice of any former Right or Priviledge given to the Royal Burrows for Obliging Burgesses to Accept of Offices and Employments within Burgh XII ACT of Supply May 8. 1685. THE ESTATES OF PARLIAMENT Calling to mind the many great Blessings they have and do enjoy under the Protection of the Royal Government and especially by the many Deliverances from the Rebellious Insurrections and Designs of Fanatical Traitors from whom they could expect no less then Confusion in Religion Oppression in their Estates and Cruelty against their Persons and Families And that the terrour of His Majesties Forces hath been very Instrumental for procuring our present Security But considering that not only these Enemies continues their inveterat hatred against King and People but that their frequent Disappointments have heightned their Melice to Despair and that the present Forces may be too few to undergo all the Fatigue which His Majesties Service or the Protection of the Countrey doth Require And to demonstrat to all Seditious Men that this Nation is resolved to bestow all they have in the Kings Service rather than to be exposed to the least of their Insults Do therefore for themselves and the Nation represented by them Make a hearty and dutiful Offer to His Majesty of Two Hundred and Sixteen Thousand Pounds yearly payable at two Terms viz. Whitsunday and Martinmass each year beginning at Whitsunday next 1685 and so furth Termly and that over and beside the Five Moneths Cess already Imposed on this Kingdom by the 3. Act of the Parliament 1681 whereby there will be Four Moneths Cess payable at each Term hereafter beginning at Whitsunday next 1685. And as a further evidence of their entire Affection to the Sacred Person of His present Majesty they humbly and heartily offer a Continuation and Prorogation of the said Four Moneths Cess termly from the said Term of Whitsunday 1685 inclusivè during all the Terms of His Majesties Lifetime which God Almighty long preserve that being the greatest of our Earthly Wishes as it is the chief of our Temporal Felicity and Glory And for the better and more speedy inbringing of Payment of the saids Eighth Moneths Cess the Kings Majesty with Advice and Consent of the Estates of Parliament Nominats Appoints and Ordains the Persons underwritten to be Commissioners within the respective Shires for Ordering and Uplifting of the saids Eighth Moneths Cess viz. For the Shire of Edinburgh The Earl of Lawderdale the Earl of Lothian the Viscount of Oxfuird the Viscount of Tarbet the Lord Torphichen the Master of Balmerinoch the Lord Advocat the Lord Justice Clerk the Lord Reidfuird the Lord Edmingstoun the Lord Newbyth Sir Iohn Maitland of Ravelrig Sir Iohn Dalmahoy of that ilk Sir William Nicolson of that ilk Sir Iohn Fowlis of Ravelstoun Sir Alexander Gibson of Pentland Sir Iohn Clerk of Pennycook Sir William Drummond of Hathorndean Sir Patrick Nisbet of Dean Sir Iohn Young of Leny Sir William Murray of Newtoun Hugh Wallace of Inglistoun Sir Iohn Ramsey of Whitehill Sir Robert Baird of Sauchtounhall Sir William Sharp of Stony-hill Sir William Binning of Wallyford Sir Iames Dick of Priestfield Henry Trotte●… of Mortounhall Thomas Craig of Riccartoun Alexander Nisbet of Craigintinny Robert Miln of Barntoun Patrick Hamilton of Falla Iohn Cunninghame of Woodhall Mr. Walter Pringle of Graycruik Mr. Iames Deans of Woodhouslie Mr. Rodorick Mackenzie of Prestounhall Mr. David Watson of Sauchtoun Iohn Fowlis of Ratho Iames Baird younger of Sauchtounhall Iames Murray younger of Deuchar Charles Murray of Hadden Sir William Hope of Grantoun Mr. Iames Hunter of Murrayes the eldest Baillie of Musselburgh for the time the eldest Baillie of Dalkeith for the time
of Kincarathie Iohn Murray of Pitculan Mr. Iames Elphingstoun of Comrie Iohn Buchannan of Arnpryer Alexander Stuart of Annat Mr. David Grahame Tutor of Gorthie Iohn Murray of Stravan William Paton of Pannols Iohn Williamson of Barnhill Iohn Murray of Arthurstoun Mr. Patrick Morray of Dollary Charles Stewart of Rotmell Alexander Robertson of Struan Sir William Stirling of Ardoch Adam Drummond of Meginch Iohn Stuart of Fass Kinloch of Gourdie Patrick Murray of Keiler Donald Robertson of Kilachangie Iames Stuart younger of Orart Henry Murray of Lochlan The Marquess of Athol Conveener For the Sheriffdom of Kincardin The Earl of Marischal the Earl of Southesk the Earl of Midletoun the Viscount of Arbuthnet the Lord Halcartoun the Lord President of the Session Sir Charles Ramsey of Balmain Sir Alexander Falconer of Gl●…nfarquhar Sir David Carnagie of Pittarow the Laird of Laurenstoun the Laird of Lyes the Laird of Balbegno the Laird of Halgreen the Laird of Elsick the Laird of Pitgarvie George Keith Sheriff Deput Mr Iames Falconer of Phesdo Iohn Dowglas of Tilliwhillie William Barcla●… of Balmaqueen William Ramsey of Woodstoun Iohn Barclay of Johnstoun the Earl of Marischal Conveener For the Sheriffdom of Aberdeen George Duke of Gordon Iohn Earl of Errol George Earl Marischal William Lord Keith Charles Earl of Mar Iames Earl of Dumfermling George Earl of Panmure Iohn Earl of Kintore William Lord Inverury George Earl of Aberdeen William Lord Forbes or the Master his Son Alexander Lord Salton or the Master of Salton Alexander Lord Pitsligo or the Master his Son the Lord Frazer Alexander Irving of Drum Sir Alexander Seton of Pitmedden Sir George Nicolson of Kemnay Sir John Forbes of Craigyvar Sir James Baird of Auchmedden Sir George Gordon of Edinglassie John Gordon of Rothemay John Gordon younger of Fechill Alexander Gordon Tutor of Pitlurg John Gordon of Knockespack Sir James Gordon of Lessmoir the Laird of Udney younger Robert Udney of Auchterellon Sir George Skeen of Fintray Patrick Dun of Taartie Mr. Alexander Cuming of B●…ness Mr. Alexander Forbes of Foverane Samuel Forbes younger of Foverane John Ross of Rosehill Alexander Frazer of Streichen Sir Henry Guthrie of Kinnedward William Mowat of Balquholly James Keith of Tilligonie Sir William Keith of Ludwhairn John Forbes of Lesly Sir John Forbes of Monymusk elder William Forbes of Monymusk younger Patrick Lesly of Buchquhain Leith of Whitehaugh Alexander Cuming of Coulter Elphingstoun of Glack younger the Laird of Dyce younger Mr. James Gray of Balgony Alexander Skein of that Ilk Sir Thomas Burnet of Lyes Sir George Gordon of Geight Sir Alexander Burnet of Craigmyle Robert Gordon elder of Clunie Robert Gordon younger thereof James Urquhart of Knockleith Menzies of Pitfodels James Innes of Drumgask Adam Gordon of Achainachie Francis Ross of Achlossin Gordon of Kochlarachie Sir Robert Innes of Kinnermonie John Gordon of Braichley Mr. Thomas Gordon of Buthley Francis Dugit of Auchinhoove Forbes younger of Echt David Edie of New-wark Mr. Thomas Gordon of Crimomnagate Gordon of Badaiscoth William Gray of Creichie Robert Ross younger of Achlossin William Thoires younger of Muresk John Gordon of Nethermoor Thomas Forbes of Watertoun Charles Gordon of Brelack Adam Gordon of Glenbuckit Gordon of Tarpersie Mr. Alexander Irving of Lernie John Gordon of Hallhead Mr. Robert Irving of Cults Forbes of Tulloch Bisset of Lessindrum younger James Gordon of Bodome Frazer of Streichen Caddel of Asswanly John Gordon of Cairnborrow Francis Gordon younger of Craig Sir Charles Maitland of Pittrichie Thomas Forbes elder of Echt George Morison of Pitfure Arthur Forbes of Brux George Garioch younger of Kinstaret James More of Stonywood Mr. James Elphingstoun of Logidurno Patrick L●…sly of Kincraigie Alexander Ross of Tilliesnaught William Forbes of Camphel Mr. James Keith of Anquhorsk Andrew Watson Baillie in Peterhead William Gordon of Newtyle Alexander Donaldson of Little Drumwhindle Mr. Richard Irving of Kirktoun James Gordon of Daach Robert Burnet of Elrick James Forbes of Savock the Laird of Fetterneir John Logie of Boddom Leith of Newlands Lesly of Little Warthell the Laird of Craigyvar younger Robert Simp●… son of Thornstoun James Chalmers of Balbirthno the Laird of Bal●…lig younger George Paton of Grandom Thomas Menzies of Kinmundie Mr. George Richard of Aldnigh Henry Forbes of Boynday John Udney of Cultercullen Mr. Robert Innes of Blairtoun The Earl of Errol Conveener For the Shire of Innerness The Duke of Gordon the Earl of Morray the Lord Doun the Lord Lovat the Laird of M cintosh the Laird of M cleod the Laird of Grant the Laird of Glengerrie Sir Donald M cdonald the Laird of Kilravock the Laird of Clava Hugh Frazer of Belladrum Alexander Frazer of Kinnaries John Grant of Corrimoney Donald M cintosh of Kellochy William Frazer of Daltulich Donald M cqueen of Corribroch James Frazer of Rilik Alexander M cintosh of Farr Angus M cintosh of Kellochie younger John M cintosh of Dalmegotter Farquhar M cilvray of Dunmackglass M cdonald of Benbonula M cdonald of Castletoun The Lord Lovat Conveener For the Sheriffdom of Nairn The Laird of Calder or in his absence his eldest Son the Laird of Kilravock or in his absence his eldest Son Alexander Rose of Clava Duncan Forbes of Cullodin Alexander Brodie of Leathine James Dunbar of Boath David Sutherland of Kinsterie The Laird of Calder Conveener For the Sheriffdom of Cromarty George Viscount of Tarbat John Master of Tarbat the Chamberlain of Cromarty for the time Sir George M ckenzie of Rosehaugh His Majesties Advocat his Chamberlain for the time Alexander Urquhart of Newhall and John Urquhart Fiar thereof his Son George Dallas of St. Martins and Mr. James Dallas younger thereof his Son William Urquhart of Braelangwell Alexander Clunes of Dunskeith Andrew Frazer of Bannance The Viscount of Tarbet Conveener For the Sheriffdom of Argyle The Earl of Perth Lord High Chancellor Iohn Marquess of Athol the Earl of Broad Albion Campbel of Lochneil the Laird of Mclean Lachlan M clean of Brolos Lachlan M clean of Torlus●… M clean of Argour M clean of Lochbuy M calaster of Tarbet M cdonald of Largie the Laird of Lamont the Laird of M cnaughtain the Laird of Calder elder and younger John M cnaughtain Sheriff Deput of Argyle Shire Stuart of Apin or his Tutor Archibald Lamount of Silvercraig John Campbel of Carrick John Campbel of Duneen John Campbel of Glendarnel Archibald M clachlan of Craiginterrie Archibald Campbel of Invera Donald Campbel of Graignish Alexander Campbel of Dunstafnish The Laird of Brolos Conveener For the Sheriffdom of Fife Colin Earl of Belcarras Iohn Lord Lindores David Lord New-wark the Lord Dunkell Sir David Balfour of Forret Sir Thomas Stuart of Balcaskie Sir Andrew Ramsay of Abbotshall Sir Charles Halket of Pitfirrin Sir William Bruce of Kinross Sir Henry Wardlaw of Pittrevie George Durie of Pitluskar Alexander Spittel of Leuchat Robert Moutray of Roscobie Sir Alexander Bruce of Broomhall Mr. James Robertson of Newbigging Mr. James Alexander of Kinglassie John Skeen
Iames Iohnston of Corre-head Dowgal Maxwell of Cowhill Robert Maxwell of Carnsalloch George Maitland of Eccles Iohn Greirson of Cappinoch William Crichton of Crawfoord-toun Matthew Hairstains of Craigs Iohn Craik of Stewartoun Iames Menzies of Enoch Iames Carruthers Chamberlain to the Earl of Annandail The Sheriff deput of Dumfreis for the time The Provost of Dumfreis for the time The Duke of Queensberry Conveener For the Sheriffdom of Wigtoun The Earl of Galloway Robert Steuart of Reavingstoun Sir Andrew Agnew of Lochnaw William Steuart of Castle-stewart Sir Charles Hay of Park Sir Godfrey M cculloch of Myrtoun Sir William Maxwel of Murreth Sir David Dumbar of Baldoun Iames Dumbar of Mochrum Patrick Mcdougal of Logan William Mcdougal of Garfeland Iohn Steuart of Phisgil Iames Agnew of Lochnaw Sir Iohn Dalrymple of Stair Iohn Blair of Dunskey Andrew Agnew of Sheuchan George Steuart of Tonderghie Iohn Vauce of Barnbarroch Iohn Ferguson of Doweltoun James Gordon of Craiglaw William Coultran Provost of Wigtoun Gilbert Neilson of Craigcastle the Earl of Galloway Conveener For the Sheriffdom of Air. The Earl of Dumfreis the Lord Boyd the Lord Cochran the Laird of Craigie the Laird of Blair Iohn Chalmers younger of Gaitgirth Major Thomas Kennedy of Baltersane William Wallace of Sewaltoun Mr. Rorie M ckenzie of Dalvenan Baillie of Carrick James Whitefoord of Dunduff John Hamilton of Inchgoterick Iohn Wallace of Cames-skan William Steuart of Showood Hugh Wallace of Galrigs Hugh Kennedy of Donan Robert Fullartoun of Craighal the Lord Montgomery the Lord Creichtoun the Lord Bargany the Laird of Culzean Sir David Cunninghame of Robertland Alexander Kennedie of Kilhenize Cathcart of Carletoun Hugh Wallace of Inglistoun the Laird of Penustoun Iohn Boyl of Kelburn Andrew Brown of Boghead Robert Wallace of Underwood Robert Crawfoord of Crawfoordstoun the Provost and Bailzies of Air for the time the Provost of Irwing for the time the Earl of Dumfreis Conveener For the Sheriffdom of Dumbartoun The Laird of Luss the Laird of Ardingaple the Laird of Kilmahew the Laird of Ardoch younger the Laird of Colgrean Mr. Iames Smollet of Stainflet Robert Grahame of Callingade Alexander M caulay of Dureling Glaud Hamilton of Cochnay William Bonteir of Mildiving Walter M caulay of Stuck Iohn Kirkmichael Chamberlain to the Earl of Wigtoun the Magistrats of Dumbartoun for the time the Laird of Orbistoun Conveener For the Sheriffdom of Bute The Duke of Hamiltoun His Grace the Bailie in Arran for the time the Earl of Eglingtoun Ninian Bannatyne of Kames Charles Steuart of Killcatton John Boyl of Kellburn Mr. Iohn Steuart of Ascog Mr. Robert Steuart Advocat Archibald Steuart of Kinwhinlick Ninian Steuart of Largiezian Robert Steuart of Macknack Iohn Steuart of Linchael Culbert Steuart of Ardinho Archibald Glass Sheriff-deput of Bute Robert Ballantine of Lewbas the Magistrats of Rothesay for the time Sir Iames Steuart Sheriff of Bute Conveener For the Sheriffdom of Renfrew The Earl of Glencairn the Earl of Dundonald the Lord Montgomery the Lord Cochran the Lord Ross the Lord Blantyre the Lairds of Houstoun elder and younger the Laird of Blackhall the Laird of Orbistoun the Laird of Johnstoun the Laird of Bishoptoun younger the Lairds of Greenock elder and younger the Laird of Hellie the Laird of Barrochan Thomas Crawfoord of Carsburn elder Thomas Crawfoord of Carsburn younger the Laird of New-wark the Laird of Over-pollock the Laird of Scotstoun the Laird of Jordon-hill younger Iames Oswald of Fingaltoun Colin Campbell of Blythswood the Lairds of Bargarran elder and younger Robert Hall of Fullbar William Hamilton of Fergusly Iohn Hamilton of Barr Robert Lawder of Auld-house the Laird of Cathcart younger the Laird of Glanderstoun the Laird of Dargwell younger the Provost and Baillies of Renfrew for the time the Bailies of Paisley for the time Iohn Pollock of Falside the Lord Montgomery Conveener For the Sheriffdom of Striveling The Duke of Hamiltoun the Earl of Callender the Lord Elphingstoun Mr. William Livingston of Kilsyth Iames Seton of Touch Iohn Murrays of Polmais elder and younger Michael Elphingston of Quarrel Iames Bruce of Pow-fowlis Alexander Bruce of Kinnaird Iames Livingston of Westquarter Archibald Stirling of Carden Hugh Patersons elder and younger of Bannockburn Iohn Stirling of Craigbonet Iames Forsyth of Taylcortoun Robert Bruce of Achenbowie David Moir of Leckie James Edmonstoun of Broich William Buchannan of Drumakeil George Stirling of Herbert-shire Mr. Adam Campbel of Gargannock Sir Hope of Carse Alexander Napier of Culcreuch Sir Charles Areskin of Alva the Earl of Mar Conveener For the Sheriffdom of Linlithgow William Duke of Hamiltoun James Earl of Arran George Lord Livingstoun Walter Lord Torphichen General Dalzel Walter Dundas of that Ilk Thomas Drummond of Riccartoun James Cornwal of Bonhard elder Walter Cornwal of Bonhard younger James Hamilton of Bancrief Alexander Hamilton of Grange Patrick Murray of Livingston Alexander Cochran of Babachlaw William sharp of Houstoun elder Thomas Sharp of Houstoun younger James Dundass of Philipston elder James Dundass of Philipston younger Sir Alexander Livingston of Craigingal elder Alexander Livingstoun of Craigingal younger Sir John Dalrymple of Newlistoun Sir William Hope of Grantoun Mr. William Dundass of Kincavil Captain Dalzell of Binns James Monteith of Old-Cathie John Hamilton of Dachmont Mr. John Fairholm of Craigiehall Mr. Iohn Hay of Woodcockdale George Drummond of Carlourie Alexander Miln of Carriden Robert Miln of Barntoun Iohn Dundass of Manner Baillie of Pollkennet the Earl of Linlithgow Conveener For the Sheriffdom of Perth Iames Earl of Perth Lord High Chancellor of Scotland Iohn Marquess of Athol Lord Privy Seal Patrick Earl of Strathmore Iohn Earl of Broad-Albion David Viscount of Stormount Andrew Lord Rollo George Lord Kinnaird Patrick Master of Kinnaird Leiutenant General Drummond of Cromlix Iames Grahame of Orcholl Iohn Drummond of Deanstone Iohn Hadden of Glenagies Sir Iohn Drummond of Machinnie Iohn Drummond of Pitkellonie Sir Robert Murray of Abercairny Sir Patrick Murray of Auchtertyre Gavin Drummond of Belliclon Sir George Drummond of Milnab Thomas Grahame of Balgown Thomas Hay of Balhoussie Iohn Stewart younger of Gairntully George Drummond of Blair David Drummond younger of Invermay Thomas Moncrief of that Ilk Mr. Robert Ross of Invernethy Mr. Patrick Ker of Kilmount Mr. Alexander Carnagie younger of Kinfauns Sir Patrick Threepland of Fingask Patrick Hay of Kirkland Sir Alexander Lindsay of Evelick Thomas Blair of Balthaick Mr. Iohn Blair of Balmyle Andrew Blair of Inchshiral Sir Iohn Hay of Mury Mr. Francis Montgomery of Inchlesly David Kinloch of Bardoch Iames Ramsey of Bamff Iames Ogilvie of Clunie William Stuart of Balid Thomas Stuart of Stentone Patrick Stuart of Bellechen Sir Iames Campbel of Lawers Sir Iohn Murray of Drumcairn Sir Colin Cambpel of Aberuchill Colin Camphel of Monzie Thomas Stuart of Ladywell Menzies younger of Weem David Haliburioun of Pitcur Iohn Gray of Crichie Haliburtoun of Fothrens Iames Blair of Ardblair Iohn Mitchel of Byres Iames Grahame of Garvoch Patrick Smith of Methven Walter Stuart
where the saids Quarters are owing Providing the saids Quarters exceed not two parts of their Pay And which stated Accompts are to be allowed to the respective Collectors by the Collector-general and to be by him retained off the first end of the Troops or Companies Pay And in case the Officers remove before their Accompts can be stated In that case the Collectors of the Shires and Burghs are to retain what after tryal the saids three Commissioners shall find resting till the Accompts be stated in manner foresaid And His Majesty with Advice of His Estates Doth Declare That no persons lyable in any part of this Supply shall be holden to produce their Discharges or Recepts of the same after ilk fifth year Commencing from the Date of this Act unless where Diligence hath been done by Denunciation before elapsing of the said fifth year XIII ACT For Taking the Test. May 13. 1685. OUR SOVERAIGN LORD With Consent of the Estates of Parliament Statutes and Ordains That all Protestant Heritors Liferenters and Others having Right to Liferents I●…re Mariti Wodsetters Tacksmen having Tacks for longer time than for Eighteen Years All Masters of Ships and such other Burgesses and Inhabitants of Burgh●… whether of Royalty Regality or Barrony as are not Heretors and who shall be Appointed by the Privy Council shall take the Test Prescrived by the sixth Act of the Parliament 1681. Before the First Day of November for all such as Live be-south the River of Tay and before the first day of Ianuary next for all be-north Tay. And for that end that all Noblemen and their Eldest Sons above the Age of Eighteen Years shall Compear before His Majesties Privy Council All Masters of Ships and Burgesses aforesaid shall Compear before the Provost or Bailliffs of the Burgh to which they belong and all others foresaid before the Sheriff of the Shire where they live at some time before the said Days And there shall Swear and Subscrive the said Test before the Judge and Clerk of the Court with Certification that such as fail in Swearing and Subscribing the Test as said is shall be Punished in such Pecunial Sums as the Secret Council shall Determine To be Disposed of by His Majestie at His Royal Pleasure It is alwayes Declared that this Act Extends not to Women And all Clerks are hereby Ordained to send in Lists of such as have taken the Test within their Respective Jurisdictions to the Clerks of His Majesties Privy Council before the First Day of February next to come under the pain of losing their Office and to be Punished otherwayes as the Privy Council shall Determine But such as have already Sworn and Subscribed shall not be Obliged to Renew it on this Occasion And further His Majesty with consent foresaid Doth Ratifie and Approve what is already done in offering the Test by His Majesties Privy Council Justice Court or any Commissionate from any of them or by Sheriffs and other Magistrats Declaring the same to have been good Service to the King and Countrey XIV ACT Explaining the Ninth Act of the Parliament 1669 Concerning Prescriptions May 13. 1685. OUR SOVERAIGN LORD Considering That at making of the Ninth Act of the 1. Session of the 2. Parliament of King Charles the 2. Concerning Prescriptions in that part of it relating to Actions proceeding upon Warnings Spulzies Ejections Arreistments or for Ministers Stipends and others foresaid the Cases that existed before that Act were not taken into Consideration Therefore His Majesty with Consent of His Estates of Parliament Statutes and Ordains That all such Actions proceeding upon any Diligence mentioned in that Act already intended either before the said Act 1669. or since shall prescribe within five Years after the Date of this Act if they be not Wakened within that time And all Actions to be raised hereafter upon the foresaids grounds shall prescribe in five Years if they be not Wakened within that time And His Majestie Wills and Declares the foresaid 9th Act to stand in full force as to the rest of the tenor thereof XV. ACT Explaining the Tenth Act of the Parliament 1669 Anent Interruptions May 13. 1685. OUR SOVERAIGN LORD Considering that the Clause concerning Citations used for Interruption mentioned in the 10. Act of the 1. Session of the 2. Parliament of King Charles the 2. Hath left the Case of such Citations before the said Act undetermined His Majesty therefore with Consent of His Estates of Parliament Statutes and Ordains that all Citations used for Interruptions preceeding that Act shall prescribe within seven Years after the Date of this Act if they be not Renewed within that time And further Statutes and Ordains that in Citations for Interruption as to Rights of Lands and Wakenings thereof Copies of the Citation shall be affixed on the most patent Door of the Paroch Church and that over and beside what is required by the said Act anent these Executions XVI ACT Anent Iustices of Peace May 13. 1685. OUR SOVERAIGN LORD Considering the many Advantages which His Leiges might have had if the Justices of Peace had exerced their Function with that diligence which the Law required and the many Evils especially in Ecclesiastick Disorders and Irregularities which might have been prevented by their care For Remeid whereof in time to come His Majesty with the Consent of His Estates in Parliament Doth hereby Ratifie Approve and Confirm the 8. Act of the Parliament 1617 Intituled Act anent the Iustices for keeping of the Kings Peace and Constables The 25. Act of the Parliament 1633. And the 38 Act of the Parliament 166●… Intituled Commissions and Instructions to the Iustices of Peace and Constables in the whole Heads Articles and Clauses contained in them And further His Majesty Gives full Power Authority and Commission to the saids Justices to put the Laws in Execution against all who shall be Guilty of Conventicles Irregular Baptisms and Marriages withdrawing from Church Ordinances and other such Disorders in so far as they are not Capital Conform to the Laws made thereanent And where the Crime is Capital they are to secure the persons and acquaint the Sheriff or other Judge ordinary thereof And it is Declared That in their proceedings against Church Irregularities Baptisms Marriages and Conventicles The Justices may proceed immediately without waiting any time after the Crimes are committed and their Clerk is appointed to send Information of their proceedings once in the Quarter to the Clerks of the Council as they will be answerable And for their further Encouragement His Majesty allows unto the saids Justices of Peace the Fynes of all except Heritors which shall arise from these Delinquencies judged by them to be employed for Explicating of their Jurisdiction as they shall think fit and for Discovering of what the Fynes of Heritors shall amount to The Clerks of these Courts are hereby appointed to send a subscribed List of them to the Clerks of Exchequer in the first week of November yearly under
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 failzie 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 Tailzies 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 Tailzie their Lands and Estates and to Substitute Heirs in their Tailzies with such Provisions and Conditions as they shall think fit and to Affect the saids Tailzies with Irritant and Resolutive Clauses whereby it shall not be lawful to the Heirs of Tailzie to Sell Annailzie or Dispone the saids Lands or any part thereof or Contract Debt or do any other Deed whereby the samine may be Apprised Adjudged or Evicted from the others Substitute in the Tailzie or the Succession frustrate or interrupted Declaring all such Deeds to be in themselves null and void and that the next Heir of Tailzie may immediatly upon Contravention Pursue Declarators thereof and Serve himself Heir to him who died last Infeft in the Fee and did not Contraveen without necessity any ways to represent the Contraveener It is always Declared that such Tailzies 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 Tailzie 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 Tailzie of the Heirs of Tailzie and the general Designations of the Lordships and Barronies and the Provisions and Conditions contained in the Tailzie 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 Tailzied Estate to any of the Heirs of Tailzie 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 Tailzie shall brook or enjoy the Tailzied 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 Tailzie but shall not militat against Creditors and other Singular Successors who shall happen to have Contracted bona fide with the Person who stood Infeft 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 Tailzied 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 renew the same and insert the said Clauses in them betwixt and Whitsonday one thoùsand six hundred eighty and six or to take an obligement apart from the Tennent bearing
of this Kingdom and other places needful and there in Our Name and Authority by open Proclamation make publication of Our Royal Will and Pleasure in the Premisses that none may pretend ignorance but give chearful and punctual obedience thereto The which to do We commit to you conjunctly and severally Our full power by these Our Letters Delivering them by you duely execute and indorsed again to the bearer Given under Our Signet at Edinburgh the eighth day of July One thousand six hundred eighty two years and of Our Reign the thirtieth and fourth year And Declares the same shall have the effect of an Act of Parliament And ordains the saids Acts and Proclamation to be put vigorously in execution XXVI ACT Concerning Adjudications for Fines June 2. 1685. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Statutes and Ordains That all Adjudications and Apprysings Led or to be Led for Fines Imposed or to be Imposed by His Majesties Privy Council Commissioners of Justiciary or any other His Majesties Judges for the Crimes of Reset Intercommuning Concealing of Treason Conventicles Irregular-Baptisms Marriages or other Church Disorders or Irregularities where the Adjudication or Comprysing does not exceed or shall be restricted to Lands not exceeding the value of the Fines Imposed the Legal shall expire within year and day after Deducing of the Adjudication or Comprysing And it is hereby Declar'd that in case of Competition and Concourse of several Diligences within year and day betwixt the King or His Donator and a Creditor which by the Law comes in pari passu The King or His Donator shall be preferr'd and have His Election of His proportion of the Lands of which the Legal shall expire within year and day in manner foresaid That proportion not exceeding the sum contained in the Adjudication And it is hereby Declared That this Act is only to be extended to Adjudications for Fines already Imposed or to be Imposed betwixt and the next Session of Parliament XXVII ACT For Securing Sea-Passengers June 2. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Statutes and Ordains That all Masters of Ships who bring Home any Passenger who is not a Sea-man and of his Ship-Company shall at his Arrival and before he suffer the saids Passengers to depart bring them before the nearest Magistrat that the saids Passengers may give account of themselves so as to free them of all suspition to the said Judge who is to secure them until they give such an account And also Forbids an Prohibites any Master of any Ship to export any Passenger who is not a Sea-man and of their Ship-Company until he bring the said Passenger before the next Magistrat to whom they shall give account of themselves in manner foresaid and the Master of the Ship shall have a Testificate of his so doing under the said Magistrats Hand and Seal before whom he compears for which he shall pay only half a Merk under the pain of such Fines and Personal Punishment as His Majesties Privy Council shall think fit to inflict on the Master of any Ship who contraveens this Law And this to continue during His Majesties Pleasure XXVIII ACT and COMMISSION For Plantation of Kirks and Valuation of Teinds June 2. 1685. FORASMUCH As His Majesties Father of ever blessed Memory out of His Royal Care and Zeal for the Reformed Religion within this Kingdom and the Maintainance and Provision of the Ministry and Churches thereof and the Peace of the Kingdom and for preventing and settling all Differences that did or might arise betwixt Titulars and others having Right to Teinds and Heretors concerning the Leading and Drawing of their Teinds And immediatly after His Attaining and Succeeding to the Crown Gave furth and emitted His Royal Declaration anent the Premisses and the other Particulars therein-specified And in pursuance of the ends foresaids divers Laws and Acts of Parliament were made in the Year of Our Lord 1633 His said Majesty being then present in His Royal Person and since divers Acts of Parliament and Commissions have been made given and renewed to that purpose and particularly by the 15 Act of the 3d Session of the 2d Parliament of K. Charles the Second His Majesties Umqu●…ile Royal Brother of ever blessed Memory And His Majesty being resolved and desirous to prosecute so good a Work for the universal good of His Subjects and especially for the encouragement of the Ministers of the Gospel THEREFORE His Majesty with Advice and Consent of His Estates of Parliament Gives full Power and Commission to His Majesties Officers of Estate for the time being and to the Arch-Bishop of St. Andrews the Arch-Bishop of Glasgow the Bishop of Edinburgh the Bishop of Dunkell the Bishop of Galloway the Bishop of Isles the Bishop of Breichen the Bishop of Dumblane the Bishop of Aberdeen the Duke of Hamiltoun the Marquess of Dowglas the Earl of ●…ol the Earl of Marischal the Earl of Mar the Earl of Strathmore the Earl of Linlithgow the Earl of Southesk the Earl of Tweddale the Earl of Belcarras the Lord President of the Session the Lord Pitm●…dden the Lord Forr●… the Lord R●…dfoord the Lord Boyne the Lord D●…irn the Lord Balcaskie Sir William Bruce of Kinross Sir George Lockhart of Carnwath Sir Archibald Cockburn younger of Lantoun Hugh Wallace of Inglistoun Sir George Drummond of Miln-nab Charles Murray of Hadden Alexander Mill of Carri●… Sir Alexander Bruce of Broomhall Sir Patrick Murray Iames Iohnstoun Provost of Glasgow Mr. Robers Innes Writer to the Signet Sir George Skeen Provost of 〈◊〉 Iames Fl●…her Burgess of Aberdeen Iohn Dempster of 〈◊〉 or any Eleven of them to be a Quorum whereof Two of every Estate to M●…et and Conveen at Edinburgh the day of year●… and such other Place or Places Times or Die●…s as they shall appoint to value and cause be valued whatsoever Teinds great or small Parsonage or Vicarage within this Kingdom which are yet unvalued Declaring that where the Vicarage of any Paroch is a several Benefice and Title from the Personage the same shall be severally valued to the effect the Titulars or Ministers serving the ●…re having right to the said Vicarage be not frustrated of the true worth thereof with Power to the saids Commissioners or Quorum foresaid to appoint Committees or Sub Committees of their own number and to grant Sub Commissions and to receive Reports from them an●… to approve or disapprove the same as they shall find just and to Rectifie whatsoever Valuations led or to be led to the enorm prejudice of the Titulars or the hurt and detriment of the Church and prejudice of the Ministers Maintainance and Provisions Providing always Likeas it is hereby expresly Provided and Declared That where Valuations are lawfully 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