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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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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 Council as good and acceptable Service done by them for the Security of His Sacred Majesty and this His ancient Kingdom XXXI ACT for Security of the Officers of State and others June 4. 1685. OUR SOVERAIGN LORD Considering the great and acceptable Services done to His Majesty by the Secret Committee His Majesties Privy Council
and His other Judges and Officers And being desireous to Secure them for their Actings and Omissions in His Majesties Service in most ample Form Doth therefore with Advice and Consent of His Estates of Parliament Indemnifie and Secure all and every one of His Majesties present Officers of State the Members of the Secret Committee Lords of the Privy Council and all His Majesties Judges both Civil and Criminal the Officers of the Army and all others who have Acted by His Majesties Commissions or by Commission from His Privy Council against all Pursuits or Complaints that can be raised against them any manner of way for their Actings in His Majesties Service As likewise for their Omissions and wherein they have fallen short of their Duty and that as fully as if every particular Crime or Misdemeanour were particularly specified in a Remission under His Majesties Great Seal or contained in an Act of Indemnity Requiring all His Majesties-Judges to Interpret this Indemnity in the most ample and favourable Sense as they will be answerable XXXII ACT Concerning the Militia June 4. 1685. OUR SOVERAIGN LORD with Consent of His Estates of Parliament Considering that it may contribute for the ease of the people to have the ordinary Rendezvouzes of Militia Discharged unless extraordinary occasions should otherwise require THEREFORE they Discharge all Rendezvouzes of the Militia in time coming during His Majesties Royal Pleasure and until His Pleasure be so Declared that no Leaders nor Assisters shall be lyable for furnishing and contributing to buy or maintain Horse or Foot on that account And they Recommend to the Secret Council to take such courses for disposing of the Militia Arms in the respective Shires as shall seem most expedient for His Majesties Service But prejudice alwayes of the continuance of the former and present Constitution of the Militia during the present Rebellion XXXIII ACT for Security of the Records June 4. 1685. OUR SOVERAIGN LORD and Estates of Parliament Considering of how great Importance it is to the Leidges That the Records and Registers be securely Keeped Do therefore Ordain That all Clerks within the Kingdom who keep such Registers as are or have been in use to be delivered into the Clerk Register to be preserved in His Majesties General-Register-house shall give in all their Registers and Books proceeding the first of August 1675. before the first of November 1685. To be keeped by the Clerk of Registers And that hereafter they shall keep only ten years Records in their own hands for the use of the Leidges With Certification that these who failȝies shall incur such pains and penalties as the Lords of Session shall think fit And it is hereby Declared That no privat Grant made by any Clerk Register shall excuse them from obedience to this Act which tends so much to the security of the people and preservation of the Records XXXIV ACT for Poll-Money June 4. 1685. OUR SOVERAIGN LORD with Consent of the Estates of Parliament Statutes and Ordains that for relief of Heretors and others lyable in the Supply Granted to His Majesty by this present Parliament that their Vassals who pay no part of the Cefs and also their own and their Vassals Tennents Sub-tennents and others living upon their Land shall be Taxed and pay in to the saids Heretors yearly during the said Supply the sums of Money following viz. Each Gentleman above the quality of a Tennent a proportion to be appointed by the Heretor not exceeding six pounds Scots yearly for himself his Wife and Children Each Tennent and other Inhabitant above the quality of a Trades-man or Cottar a proportion not exceeding four pounds for themselves their Wives and Children And each Trades-man Cottar or Servant a proportion not exceeding twenty shilling Scots yearly for themselves their Wives and Children And it is Ordained that the Heretors shall have the same execution for raising of the saids sums as for their Mails and Duties XXXV ACT anent Messengers Fees June 4. 1685. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Statute and Ordain That it shall be in the power of the Sheriffs Stewarts Bailies of Regalities Justices of Peace and Magistrats of Burghs Royal respective within whose bounds any Legal Diligences shall be used to modifie the Prices and Charges craved by Messengers for execution of their Offices from any of His Majesties Leidges upon the Complaint of the Parties either for or against whom the Messengers were Imployed XXXVI ACT anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland to His Sacred Majesty against the arch-Traitor Archibald Campbel sometime Earl of Argile June 11. 1685. THE ESTATES of PARLIAMENT Taking to their Consideration the great happiness conferred on this Nation by Almighty GOD in having been for so many Ages Governed and Protected by a long and continued Succession of Glorious and Just Monarchs and when they had very just reason to expect a further continuance and increass in this happiness from the auspicious Entry of Your Sacred Majesty to the Possession of Your undoubted Right and from your extraordinary Justice Prudence Courage and Conduct They cannot but with horror reflect on the unparalelled Treachery of that Hereditary and Arch-Traitor Archibald Campbel late Earl of Argile who after that Our late Merciful King had restored His Family notwithstanding it had been guilty of a dreadful tract of Rebellion Bloodshed and Oppression and had raised it to a greater Lustre and Estate than ever it had formerly arrived at Yet he did imploy that Power the King had invested him with to support that Traiterous and Fanatical party and to oppress all who had served the King against His Father in the late Rebellion And being more led by the inveterat Treachery in which he had been educated then remembring the great favours so undeservedly bestowed upon him he committed these Crimes for which he was justly forefaulted And in prosecution of them he has at last absolutely pluckt off the mask by Invading this Your Majesties ancient Kingdom and his own Native Countrey and by endeavouring to defame in a publick Proclamation the late King and Your Sacred Majesty Robbing and spoiling such Innocent and Loyal men as would not joyn with him and associating to him these barbarous Miscreants who did undertake to assassinat Your Majesty and Your Royal Brother as Rumbold the Maltster now passing by the Name of Bowls who at the Ry was to have committed the said horrid Assassination These also who actually murdered James late Arch-bishop of St. Andrews as John Balfour of Kinloch George Fleming in Balbuthy and these other Assassins who have
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