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 anâ— 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 theiâ— 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
for Treason May 1. 1685. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Do hereby Ratifie and Approve the former Custom used by His Majesties Commissioners of Justiciary in proceeding against Pannals already in Prison and Indicted for Treason upon Twenty Four Hours but for the future His Majesty allows such Pannals to be Cited on Fourty Eight Hours And if the Pannals Represent such Defences to the Commissioners of Justiciarie within that time as may need an Exculpation His Majestie with Advice foresaid allowes the saids Commissioners to delay the Trial till the days elapse to which the Exculpation is to be rais'd IV. ACT Concerning Witnesses in Processes for Treason May 1. 1685. OUR SOVERAIGN LORD and Estates of Parliament Do Statute and Ordain That such as being Cited to be Witnesses in the Cases of Treason Field or House Conventicles or Church Irregularities do refuse to Depone they shall be Lyable to be Punished as Guilty of these Crimes respectively in which they refuse to be Witnesses It being alwayes hereby Declared that these Depositions so emitted shall not militate against the Deponent himself any manner of way V. ACT Declaring it Treason to Take or Owne the Covenants May 6. 1685 OUR SOVERAIGN LORD and Estates of Parliament Do hereby Declare that he Giving or Taking of the National Covenant as Explained in the Year 1638. Or of the League and Covenant so commonly called or Writing in Defence thereof or Owning of them as lawful or Obligatory on themselves or others shall infer the Crime and Pains of Treason VI. ACT Obliging Husbands to be liable for their Wives Fynes May 6. 1685. OUR SOVERAIGN LORD Considering that the Lords of His Privy Countil and others Commissionated by His Majestie and them have Fyned Husbands for their Wives withdrawing from the Ordinances Doth with Advice and Consent of the Estates of Parliament Declare the said Procedure to have been Legal and Ordains the same to be Observed in all time coming And Ratifies all Decreets and Sentences granted against Husbands for such Fynes Reserving alwayes Power to the Lords of His Majesties Privy Council to Absolve or Mitigat the Fynes of such Husbands as are known to be of Loyal Principles VII ACT Anent Porterfield of Duchall And Concealing of Supply given to Rebels May 6. 1685. OUR SOVERAIGN LORD and Estates of Parliament Do Ratifie Approve and Confirm the Sentence of Forfaulture pronounced by the Commissioners of Justiciary against John Porterfield sometime of Duchall and the Interlocutors and whole Procedure of the saids Commissioners in that Process And Declares that the same was conform to the Laws of this Kingdom And in general Statutes and Declares that the Concealing and not Revealing of Supplys Given to or Demanded for Traitors Forfaulted for Treason against the Kings Person or Government is Treason and to be Judged accordingly VIII ACT Against Preachers at Conventicles and Hearers at Field-Conventicles May 8. 1685. OUR SOVERAIGN LORD Considering the Obstinacy of the Fanatical Party who notwithstanding all the Laws formerly made against them Persevere to keep their House and Field-Conventicles which are the Nurseries and Rendezvouses of Rebellion THEREFORE His Majesty with Consent of His Estates in Parliament Doth Statute and Ordain That all such as shall hereafter Preach at such Fanatical House or Field-Conventicles As also such as shall be present as Hearers at Field-Conventicles shall be Punished by Death and Confiscation of their Goods IX ACT For the more effectual Payment and Inbringing of His Majesties Rents and Revenues May 8. 1685. OUR SOVERAIGN LORD and the Estates of Parliament Considering the great Neglect and Remissness of the Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs in their Discovering Collecting and Inbringing of His Majesties Rents and Revenues Constant and Casual And of the Feuars and other Vassals who are lyable for the Rents and Duties of His Majesties Property and the Chamberlains thereof whereby the Payment of the same is fallen very much in arrear And the Compting yearly in the moneth of July according to former Acts of Parliament is greatly neglected THEREFORE the better to prevent the same for the future His Majesty with Advice and Consent of the Estates of Parliament not only Ratifies and Approves all former Laws and Acts of Parliament made for In-bringing His Majesties Rents and particularly the 15th Act 3d Session of the first Parliament K. Charles the 2d Ordaining the same to be put in full Execution Conform to the Tenor thereof But likewise further Statutes and Declares That in all time coming whatsoever Sheriff Stewart Baillie of Bailliarie or Regality or their Deputs or Chamberlains of His Majesties Proper Rents respectivè shall delay or neglect to Compear and Compt yearly in Exchequer in the Moneth of July and accordingly receive their Aeques and Exoneration of all that can be Charged on them as due and payable by them to His Majesty That immediatly after they shall be Charged and Denunced for the same at the Mercat Cross of Edinburgh Conform to the former Laws and Practice And the Horning and Denunciation shall be duely Registrat that Persons so Denunced and Registrat shall ipso facto amit loss and tyne during their life-time their Offices of Sheriff-ship Stewartry Bailliary or Chamberlanry whether the same be Heretable or during Life or Pleasure And it shall not be lawful for them by themselves or their Deputs to Exerce or Officiat therein at any time thereafter but the same shall vaik and fall in His Majesties hands without any Declarator or Process of Law As also that all Feuars and other Vassals of His Majesties Property who shall neglect or delay to compear yearly in the said Moneth of July in Exchequer and make Compt and Payment of the Feu Blench or Taxt-ward-duties and others due and payable by them and receive their Aequies and Exonerations thereof accordingly So as two years thereof shall run together unpayed and that they shall be therefore Charged Denunced and Registrat as is abovementioned that immediately after the said Denunciation and Registration they shall be lyable for the double of the whole Feu Blench Taxt-ward or other Duties then due and payable by them and all Execution shall passe against them therefore Sicklike as if the same were mentioned and contained in the Reddendoes of their Infeftments And that by and attour and but prejudice of the penalties formerly Imposed and payable by the said Non-accomptants conform to former Laws And it is further Statute and Ordained That all Sheriffs Stewarts Baillies of Bailliaries and Regalities their Clerks and Clerk-deputs shall be holden and obliged to send Lists from time to time to the Lord High Thesaurer Thesaurer Deput or Clerks of Exchequer of all Wairds and Marriages as well Simple as Taxt that shall happen to fall and vaik in time coming or that are already fallen within their respective Jurisdictions bearing the time of the Decease of the Person by whom the same vaiks and
of the Successor and their Age and whether Married or not Certifying all such Clerks as shall not before the first-day of November next to come report in Exchequer the Lists under their hands of all such bygone Casualities fallen preceeding the date hereof and thereafter from time to time within six moneths after the same shall happen to fall and vaik if the persons die within the Kingdom That they shall amit lose and tyne their Office of Clerk-ship to be immediately disposed on by these who shall have right thereto without any Declarator or other Process whatsoever And to the effect they may the better know the tenor of the holding of all Lands within their respective Jurisdictions His Majesty with Advice forsaid Ordains the saids Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs at the next Michaelmass Head-Court and at such other Dyets as they shall think convenient to cause all the Vassals within their respective Jurisdictions produce before them their Charters to the effect the Clerks may record the Reddendoes thereof in their Books who are ordered immediately thereafter to return them to the Parties without payment of any money for the same And Ordains Letters of Horning to be directed against those who shall fail to produce their Charters as said is And it is hereby declared that in all time coming when poynding is used for the Kings proper Rents the Apprising of the Goods poynded may be al 's Legally done upon the Ground of the Lands allenarly as if the famine were Apprised at the Mercat Cross of the head Burgh of the Jurisdiction notwithstanding of any Law or Practice in the contrary X. ACT Concerning Judicial Confessions before the Commissioners of Justiciary May 8. 1685. THE KINGS MAJESTY and Estates of Parliament Do hereby Statute and Declare all Confessions of Parties after they have received an Indictment in the Case of Treason against the Kings Person or Government allenarly Emitted before the Commissioners or Justiciary Sitting in Judgment and Subscribed by the Pannal or by the saids Judges in the Case where the Pannal owns the Confession as it is Reduced in Writ and yet either cannot or refuses to Subscribe shall be Considered as a Judicial Confession and shall be as Probative to Assizes as if the same had been Emitted in presence of the Assize notwithstanding of the 90. Act of the 11 Parliament of King James the Sixth and that if Assizers AssoilÈie notwithstanding of such Confessions they shall be lyable to a Process of Errour and this Law to be of force only to the next Session of Parliament and the 90. Act of the 11. Parliament of King James the Sixth is to continue in its full force as to all the rest of its Tenor and Contents XI ACT Obliging Persons to Accept Offices May 8. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Do hereby Statute and Declare That if any of His Majesties Subjects within this His Ancient Kingdom shall Refuse to Accept the Office of Magistrats Justices of Peace Constables Officers in the Militia or any other Employment laid on them by the King or Council They shall be Fyneable for their said Contempt unless they can propone such reasonable Excuses as may satisfie the Lords of His Majesties Privy Council to whom the Execution of this Act is Remitted And this without Prejudice of any former Right or Priviledge given to the Royal Burrows for Obliging Burgesses to Accept of Offices and Employments within Burgh XII ACT of Supply May 8. 1685. THE ESTATES OF PARLIAMENT Calling to mind the many great Blessings they have and do enjoy under the Protection of the Royal Government and especially by the many Deliverances from the Rebellious Insurrections and Designs of Fanatical Traitors from whom they could expect no less then Confusion in Religion Oppression in their Estates and Cruelty against their Persons and Families And that the terrour of His Majesties Forces hath been very Instrumental for procuring our present Security But considering that not only these Enemies continues their inveterat hatred against King and People but that their frequent Disappointments have heightned their Malice to Despair and that the present Forces may be too few to undergo all the Fatigue which His Majesties Service or the Protection of the Countrey doth Require And to demonstrat to all Seditious Men that this Nation is resolved to bestow all they have in the Kings Service rather than to be exposed to the least of their Insults Do therefore for themselves and the Nation represented by them Make a hearty and dutiful Offer to His Majesty of Two Hundred and Sixteen Thousand Pounds yearly payable at two Terms viz. Whitsunday and Martinmass each year beginning at Whitsunday next 1685 and so furth Termly and that over and beside the Five Moneths Cess already Imposed on this Kingdom by the 3. Act of the Parliament 1681 whereby there will be Four Moneths Cess payable at each Term hereafter beginning at Whitsunday next 1685. And as a further evidence of their entire Affection to the Sacred Person of His present Majesty they humbly and heartily offer a Continuation and Prorogation of the said Four Moneths Cess termly from the said Term of Whitsunday 1685 inclusivè during all the Terms of His Majesties Lifetime which God Almighty long preserve that being the greatest of our Earthly Wishes as it is the chief of our Temporal Felicity and Glory And for the better and more speedy inbringing of Payment of the saids Eighth Moneths Cess the Kings Majesty with Advice and Consent of the Estates of Parliament Nominats Appoints and Ordains the Persons underwritten to be Commissioners within the respective Shires for Ordering and Uplifting of the saids Eighth Moneths Cess viz. For the Shire of Edinburgh The Earl of Lawderdale the Earl of Lothian the Viscount of Oxfuird the Viscount of Tarbet the Lord Torphichen the Master of Balmerinoch the Lord Advocat the Lord Justice Clerk the Lord Reidfuird the Lord Edmingstoun the Lord Newbyth Sir John Maitland of Ravelrig Sir John Dalmahoy of that ilk Sir William Nicolson of that ilk Sir John Fowlis of Ravelstoun Sir Alexander Gibson of Pentland Sir John Clerk of Pennycook Sir William Drummond of Hathorndean Sir Patrick Nisbet of Dean Sir John Young of Leny Sir William Murray of Newtoun Hugh Wallace of Inglistoun Sir William Binning of Wallyford Sir James Dick of Priestfield Henry Trotter of Mortounhall Thomas Craig of Riccartoun Alexander Nisbet of Craigintinny Robert Miln of Barntoun Patrick Hamilton of Falla John Cunninghame of Woodhall Mr. Walter Pringle of Graycruik Mr. James Deans of Woodhouslie Mr. Rodorick Mackenzie of Prestounhall Mr. David Watson of Sauchtoun John Fowlis of Ratho James Baird younger of Sauchtounhall James Murray younger of Deuchar Charles Murray of Hadden Sir William Hope of Grantoun Mr. James Hunter of Murrayes the eldest Baillie of Musselburgh for the time the eldest Baillie of Dalkeith for the time The Earl of Perth
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 the pain of Deprivation And His Majesty with Advice foresaid allows the Justices to Nominat their own Clerks at their first meeting Attour His Majesty and Estates foresaid Give full Power Authority and Commission to the Lords of His Majesties Privy Council upon the Deceass of any of the Justices of Peace to nominat others in their place and to set down and Impose Penalties upon such of the Justices as shall not keep and observe the Dyets prefixed for their several and particular Meetings according to former Acts and an Act made in this Parliament And with power likewise to the saids Lords of Privy Council to Enlarge and Amplify the Power and Authority of the saids Justices of Peace if they shall find it necessary and expedient And what the Council shall Decreet and Determine there-anent Find and Declare that the same shall have the Force Strength and Power of an Act of Payment It is alwayes Declared That Sheriffs Stewarts and Baillies of Bailliaries Regalities and Barronies are to Remain in the Possession and Exercise of their former Rights according to the Laws of the Kingdom Any thing in this Act notwithstanding XVII ACT For Taking the Oath of Allegiance May 22. 1685. OUR SOVERAIGN LORD With Consent of the Estates of Parliament Doth Ratifie Confirm and Approve what hath been done by His Majesties Privy Council Justice Court and these Commissionat by them In Banishing Imprisoning or Fyning such as Refused to Take and Swear the Oath of Allegiance And to Assert the Royal Prerogatives mentioned in the 11. Act Parliament 1. of King Charles the Second And further Ordains all the Subjects of this Kingdom to Take and Swear the Oath of Allegiance and to Assert the said Prerogatives whenever they shall be Required either by the Privy Council Justice Court or any Commissionat by them and that under the pain of Banishment Imprisonment or such other Pains and Punishments as shall be Determined by the Privy Council Justice Court or Commissioners foresaid not reaching to Life or Limb. XVIII ACT Concerning Vacant Stipends May 22. 1685. OUR SOVERAIGN LORD With Consent of the Estates of Parliament Statutes and Declares That the Vacant Stipends of all Churches in time coming shall be Employed on pious Uses within the respective Paroches by the Patron and more particularly for the Building and Repairing of Bridges Repairing of Churches or Entertainment of the Poor as the Patron shall determine Yearly and if he fail therein he shall lose his right of Presentation for the next Vice It is always Provided that the Vacant Stipends in the Diocesses of St. Andrews Edinburgh Dunkel Dumblain and Breichen for Five Years shall be Employed for Repairing of the Gair-bridge Crawmond-bridge and New-Liston-bridge and for the use of the University of St. Andrews The Vacant Stipends of the Diocesses of Glasgow and Galloway for the same number of Years to the use of the Colledge of Glasgow And these Vacant Stipends within the Diocess of Aberdene and Diocesses be-north the same for the use of the Old and New Colledges of Aberdene and Repairing of the Bridges within these Diocesses Excepting the Vacancies of the Diocess of Orknay which are hereby Ordained to be Applyed for Reparation of the Cathedral Church of Kirkwall during the the said Five Years And that at the Determination and Appointment of such Persons as shall be Nominat by the Privy Council for Overseeing thereof Which Five Years aforesaid shall Commence from this present Year 1685 and so Continue conesequutively during the said Space And His Majesty With Consent foresaid Declares that after Expiring of these Five Years the Vacant Stipends do belong to the Patrons to be Employed by them for pious Uses within the respective Paroches aforesaid But prejudice always of the Maintainance of the Ministers Manse during the time of the Vacancy out of the first and readiest of the Vacant Stipends Conform to former Acts of Parliament and that not only during the said Five Years but in all time coming It is always hereby Declared That this Act is not to be extended to the Vacancies of these Churches whereof the Kings Majesty is Patron nor to Mensal and Patrimonial Churches belonging to Bishops XIX ACT Ratifying the Priviledges of the Senators of the Colledge of Justice May 22. 1685. OUR SOVERAIGN LORD With Advice and Consent of His Estates of Parliament Doth Ratifie Approve and Confirm all Priviledges Liberties Freedoms and Immunities Given and Granted by His Majesty's Royal Predecessors to and in Favours of the Ordinary Senators of the Colledge of Justice and whereof they are in Possession and all Acts of Parliament Made and Conceived in their Favours and speciallie but prejudice of the Generality foresaid doth Ratifie the 8. Act of the 2. Session of the 2. Parliament of King Charles the second Concerning the Immunity of the Ordinary Lords of Session from all Burdens Imposed or to be Imposed by the Parliament And Declares that this Ratification shall be as sufficient and effectual as if all these Priviledges and Immunities and Acts of Parliament concerning the same were specially exprest and at length insert herein XX. ACT For Preserving Game May 27. 1685. OUR SOVERAIGN LORD And Estates of Parliament now presently Conveened Taking to their Consideration the great Decay of Game in this His Ancient Kingdom especially in the Low Countries notwithstanding of all the Laws and Acts of Parliament and Acts of Privy Council made thereanent by His Royal Predecessors which does principally proceed through the not vigorous Execution of the saids Laws and Acts and not Exacting of the Fines and Penalties therein-contained THEREFORE Our Sovereign Lord With Advice and Consent of the Estates of Parliament now presently Conveened Does Revive Renue Ratifie and Approve all the former Laws and Acts of Parliament made for preserving of the Game and the Act of His Majesties Royal Brother of blessed Memory King Charles the Second with the Advice of His Privy Council of the date the 9. day of June 1682 years with the whole Laws and Acts of Parliament therein-narrated of which Act the Tenor follows A Proclamation Reviving the Laws anent Hunting Hawking Fishing and appointing Masters of the Game CHARLES by the Grace of GOD King of Great-Britain France and Ireland Defender of the Faith To _____ Macers of Our Privy Council or Messengers at Arms Our Sheriffs in that part conjunctly and severally specially constitute Greeting We taking to Our Consideration the great prejudice the Kingdom doth sustain in the Decay of Deer Roes and Wild-fowl and that there is not only danger of an utter decay of so useful Creatures but the Manly exercises of Hunting and Hawking is like to be altogether neglected And albeit Our Royal Progenitors have made many good Laws to prevent and repair this great evil and mischief and against the destroying
Charge you strictly and Command that incontinent these Our Letters seen ye pass to the Mercat Cross of Edinburgh and the whole Mercat Crosses of the Head Burghs and whole Paroch Kirks 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 Umquhile 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 Errol 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 Pitmedden the Lord Forret the Lord Reidfoord the Lord Boyne the Lord Drumcairn 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 Carrin Sir Alexander Bruce of Broomhall Sir Patrick Murray James Johnstoun Provost of Glasgow Mr. Robert Innes Writer to the Signet Sir George Skeen Provost of Aberdeen James Fletcher Burgess of Aberdeen John Dempster of Pâ—iliver or any Eleven of them to be a Quorum whereof Two of every Estate to Meet and Conveen at Edinburgh the day of years and such other Place or Places Times or Diets 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 of Ministers serving the Oure 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 and 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 Maintenance and Provisions Providing always Likeas it is hereby expresly Provided and Declared That where Valuations are lawfully
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
And the Accompts being stated and fitted that they be payed or allowed by the respective Collectors in the first end of what is due by the Shire or Burgh where the saids Quarters are owing Providing the saids Quarters exceed not two parts of their Pay And which stated Accompts are to be allowed to the respective Collectors by the Collector-general and to be by him retained off the first end of the Troops or Companies Pay And in case the Officers remove before their Accompts can be stated In that case the Collectors of the Shires and Burghs are to retain what after tryal the saids three Commissioners shall find resting till the Accompts be stated in manner foresaid And His Majesty with Advice of His Estates Doth Declare That no persons lyable in any part of this Supply shall be holden to produce their Discharges or Recepts of the same after ilk fifth year Commencing from the Date of this Act unless where Diligence hath been done by Denunciation before elapsing of the said fifth year XIII ACT For Taking the Test May 13. 1685. OUR SOVERAIGN LORD With Consent of the Estates of Parliament Statutes and Ordains That all Protestant Heritors Life-renters and Others having Right to Liferents Jure Mariti Wodsetters Tacksmen having Tacks for longer time than for Eighteen Years All Masters of Ships and such other Burgesses and Inhabitants of Burghs whether of Royalty Regality or Barrony as are not Heretors and who shall be Appointed by the Privy Council shall take the Test Prescrived by the sixth Act of the Parliament 1681. Before the First Day of November for all such as Live be-south the River of Tay and before the first day of January next for all be-north Tay. And for that end that all Noblemen and their Eldest Sons above the Age of Eighteen Years shall Compear before His Majesties Privy Council All Masters of Ships and Burgesses aforesaid shall Compear before the Provost or Bailliffs of the Burgh to which they belong and all others foresaid before the Sheriff of the Shire where they live at some time before the said Days And there shall Swear and Subscrive the said Test before the Judge and Clerk of the Court with Certification that such as fail in Swearing and Subscribing the Test as said is shall be Punished in such Pecunial Sums as the Secret Council shall Determine To be Disposed of by His Majestie at His Royal Pleasure It is alwayes Declared that this Act Extends not to Women And all Clerks are hereby Ordained to send in Lists of such as have taken the Test within their Respective Jurisdictions to the Clerks of His Majesties Privy Council before the First Day of February next to come under the pain of losing their Office and to be Punished otherwayes as the Privy Council shall Determine But such as have already Sworn and Subscribed shall not be Obliged to Renew it on this Occasion And further His Majesty with consent foresaid Doth Ratifie and Approve what is already done in offering the Test by His Majesties Privy Council Justice Court or any Commissionate from any of them or by Sheriffs and other Magistrats Declaring the same to have been good Service to the King and Countrey XIV ACT Explaining the Ninth Act of the Parliament 1669 Concerning Prescriptions May 13. 1685. OUR SOVERAIGN LORD Considering That at making of the Ninth Act of the 1. Session of the 2. Parliament of King Charles the 2. Concerning Prescriptions in that part of it relating to Actions proceeding upon Warnings SpulÈies Ejections Arreistments or for Ministers Stipends and others foresaid the Cases that existed before that Act were not taken into Consideration Therefore His Majesty with Consent of His Estates of Parliament Statutes and Ordains That all such Actions proceeding upon any Diligence mentioned in that Act already intended either before the said Act 1669. or since shall prescribe within five Years after the Date of this Act if they be not Wakened within that time And all Actions to be raised hereafter upon the foresaids grounds shall prescribe in five Years if they be not Wakened within that time And His Majestie Wills and Declares the foresaid 9th Act to stand in full force as to the rest of the tenor thereof XV. ACT Explaining the Tenth Act of the Parliament 1669 Anent Interruptions May 13. 1685. OUR SOVERAIGN LORD Considering that the Clause concerning Citations used for Interruption mentioned in the 10. Act of the 1. Session of the 2. Parliament of King Charles the 2. Hath left the Case of such Citations before the said Act undetermined His Majesty therefore with Consent of His Estates of Parliament Statutes and Ordains that all Citations used for Interruptions preceeding that Act shall prescribe within seven Years after the Date of this Act if they be not Renewed within that time And further Statutes and Ordains that in Citations for Interruption as to Rights of Lands and Wakenings thereof Copies of the Citation shall be affixed on the most patent Door of the Paroch Church and that over and beside what is required by the said Act anent these Execution XVI ACT Anent Justices of Peace May 13. 1685. OUR SOVERAIGN LORD Considering the many Advantages which His Leiges might have had if the Justices of Peace had exerced their Function with that diligence which the Law required and the many Evils especially in Ecclesiastick Disorders and Irregularities which might have been prevented by their care For Remeid whereof in time to come His Majesty with the Consent of His Estates in Parliament Doth hereby Ratifie Approve and Confirm the 8. Act of the Parliament 1617 Intituled Act anent the Justices for keeping of the Kings Peace and Constables The 25. Act of the Parliament 1633. And the 38 Act of the Parliament 1661 Intituled Commissions and Instructions to the Justices of Peace and Constables in the whole Heads Articles and Clauses contained in them And further His Majesty Gives full Power Authority and Commission to the saids Justices to put the Laws in Execution against all who shall be Guilty of Conventicles Irregular Baptisms and Marriages withdrawing from Church Ordinances and other such Disorders in so far as they are not Capital Conform to the Laws made thereanent And where the Crime is Capital they are to secure the persons and acquaint the Sheriff or other Judge ordinary thereof And it is Declared That in their proceedings against Church Irregularities Baptisms Marriages and Conventicles The Justices may proceed immediately without waiting any time after the Crimes are committed and their Clerk is appointed to send Information of their proceedings once in the Quarter to the Clerks of the Council as they will be answerable And for their further Encouragement His Majesty allows unto the saids Justices of Peace the Fynes of all except Heritors which shall arise from these Delinquencies judged by them to be employed for Explicating of their Jurisdiction as they shall think fit and for Discovering of what the Fynes of Heritors shall
of Smolts and Trouts with Creels and other Engines anent Cruives and Zairs steeping of Lint in Rivers Lochs and Burns where Fishes are which good Laws although they be yet in force unrepealled yet by the distraction of the late Times they have been less regarded these many Years by gone to the enorm lesion of Our People and contempt of Our Authority Have therefore with Advice of Our Privy Council thought fit to Revive all the Laws that stand yet unrepealled or innovate for preserving of Doe Roe Hares and Wild-Fowl and especially the 31 Act of the 23 Parliament of K. James the sixth whereby all Persons who are not Heretors are prohibited to Hunt or Hawk and that neither Heretor or other shoot Deer or Roe in time of Snow As also the 11 Act of the 4 Parliament of K. James the fifth and 210 Act of the 14 Parliament of K. James the sixth by which Letters are ordained to be direct charging all Keepers of His Majesties Forrests to permit no Pasturage within the Marches of the Forrests but that they seize and escheat them under the pain of loss of their Office and that Forresters of Forrests belonging to privat Men shall apprehend such as travel with Guns or Dogs in Forrests and carry them to the nearest Sheriff Stewarts of Stewartries Baillies of Bailliaries and Regalities or Justices of Peace to be secured to answer as accords of the Law and that all such of the Leidges who shall be required to concur to apprehend such Persons give ready Obedience as is ordained by the Forrest Laws cap. 15. and cap. 22. and these who conceal them be fined as Art and Part of the said fault And further We do hereby forbid all shooting of Hares or Herron at any time under the pains contained in the Acts of Parliament made thereanent Item That all Persons forbear to slay any Muir-fowl Heath-fowl Partridge Quail Duck or Mallard Tale or Atale or Tormichan from and after the first day of Lent to the first of July yearly according to the 108. Act Parliament 7. K. James 1. excepting Water-fowl with Hawks in Dredging-time Item The 23 Act Parl. 16. K. James 6. Forbidding the killing of Muir-fowl-pouts before the first of July Heath-pouts before the first of August or Partridge or Quail before the first of September yearly Item We Revive the 48 Act Parl. 4. K. James 4. Forbidding Muirburn after the last of March and the Masters to be lyable for all upon their Land And further We considering that Setting-Dogs and other Engines for killing of Fowl is a great cause of the scarcity of Game We do hereby prohibite and discharge all Persons to have or use Setting-Dogs unless he be an Heretor of one Thousand Pound of valued Rent and have express License of the Masters of Our Game within their several Bounds under the pain of Five Hundred Merks toties quoties in case of failÈie And We do hereby discharge all common Fowlers and Shooters of Fowl or any persons except they be Domestick-Servants to Noblemen or Gentlemen who are Heretors of One Thousand pounds Scots of valued Rent to have or make use of Setting-Dogs or Fowling-pieces under the pain of escheat of such Dogs or Guns and Imprisonment of their persons for the space of six Weeks toties quoties Item We Revive the 210 Act Parl. 14. K. James 6. Whereby Shooting Hunting or Hawking within six Miles of Our Palace are Prohibited under the pains therein contained without express License of the Masters of the Game And seing the Fowls Hares and Roes are already so far destroyed that there is ground to fear a total decay thereof We therefore with Advice foresaid Do Revive the 23 Act Parl. 16. K. James 6. Forbidding all selling or buying of Deer Roe Hares Muir-fowl Tormichan Heath-fowls Partridge or Quail for the space of seven Years next ensuing the 20 day of June instant Year 1682 under the pains contained in the said Act And for the better discovery of the Contraveeners We do hereby give Warrand to the Masters of Our Game their Deputs or others impowered by either of them in their respective Bounds to make search for any of the saids Deer Roe Hares Muir-fowl Tormichan Heath-Fowl Partridge or Quail so killed in any suspect place within or without Burgh as well the Buyers as Sellers in Mercat or out with the famine or Fowlers and to seize search secure and confiscate the same for their own use Item We do hereby Revive the 51 Act Parl. 6. Q. Mary Forbidding Hunting on other Mens Ground without leave of the Owner And whereas by the 11 Act Parl. 1. K. James 1. Cruives and Zairs set on fresh Water without express Infeftments of Salmond-fishing are ordained to be destroyed and put away for ever and that where Cruives are allowed by Infeftments that ilk Heck be three Inch wide which is ratified by the 73 Act Parl. 10. K. James 3. And by the 87 Act Parl. 14. K. James 2. It is statute that no Man set Vessels Creels Weirs Nets or any other Engine to hinder Smolts from going to the Sea and that Coups Masses Nets Prins set on Waters that has course to the Sea be destroyed and who holds them up to be lyable as destroyers of red Fishes Item That all Millers that slays Smolts or Trouts with Creels or any other Engine or any who Dams or Laves shall be punishable as Slayers of Red-Fish conform to the 73 Act Parl. 5. K. James 3. and where the Transgressours has no Means they are appointed to be put in Prison Irons or Stocks for the space of one Moneth upon their own Expenses and if they have it not of their own to be fed on Bread and Water conform to the 89 Act Parl. 6. K. James 6. And by the 13 Act Parl. 18. K. James 6. The steeping of Lint in Rivers Lochs or Burns where Fishes are is discharged and that under the pain of fourty Shilling Scots toties quoties and confiscation of the Lint Which good and ancient Laws yet standing unrepealled or innovate We have thought fit hereby to Revive and Ordain to be put in Execution Ordaining hereby the Masters of Our Game to require all Heretors and others to throw down all Cruives and Zaires set on fresh Waters without express infeftment of Salmond-fishing betwixt and the first day of July next under the pain of an hundred pounds Scots to be uplifted off these who refuse and the Sheriffs and their Deputs to give speedy Justice therefore when desired by the Masters of the Game or their Deputs And We appoint the several Sheriffs and their Deputs Stewarts of Stewartries Bailiffs of Regalities and their Deputs and Magistrats of the next adjacent Burrows to concur with the Masters of Game for throwing down of the saids Cruives Creels Nets and Engines when they shall be required and if the saids Judges be found negligent that the foresaid Penalty be uplifted off themselves according to the 68 Act Parl. 9.
renew the same and insert the said Clauses in them betwixt and Whitsonday one thousand six hundred eighty and six or to take an obligement apart from the Tennent bearing these Clauses otherwise to remove summarly such Tennents as refuse to accept them on the saids conditions notwithstanding of any former Tacks which in this case are hereby Declared void and null And in case the Tennents will not immediatly Remove that the Master may commit them to Prison And it is hereby Statute and Ordained That if any Tennent shall refuse to renew his Tack enact himself or give Bond in the Terms foresaid he shall be lyable to pay to his Master an years Rent of the Lands set to him And this but prejudice or derogation to all former Acts of Parliament whereby Masters are obliged for their Tennents in the manner therein-specified XXV ACT Ratifying two Acts of Parliament and a Proclamation of Council anent apprehending of Rebels June 2. 1685. OUR SOVERAIGN LORD with Advice and Consent of His Estates of Parliament Ratifies and Approves the 124 Act Par. 12 of King James the sixth Entituled Act Anent the Duty of Sheriffs and Judges ordinary their Deputs and Clerks As also the 144 Act of that same Parliament Entituled Act fot punishing the Resetters of Traitors and Rebels in the whole Heads Clauses and Contents of them Together with a Proclamation by His Majesties Privy Council Dated the eight of July 1682. Entituled Anent the Discovery of persons in Arms and Apprehending of Rebels in the whole Contents thereof of which Proclamation the Tenor follows A Proclamation anent the discovery of persons in Arms and apprehending Rebells and Fugitives Charles by the grace of God King of Great-Britain France and Ireland Defender of the Faith To _____ Our Lyon King at Arms and his brethren Heraulds Macers of Our Privy Council Pursevants and Messengers at Arms Our Sheriffs in that part conjunctly and severally specially constitute Greeting Albeit by the blessing of Almighty God upon Our Royal Endeavours the many Attempts of His and our Enemies made most impiously under pretence of Religion and Zeal against the Laws of God of Nature of Nations and of this Our Kingdom designing the overthrow of Religion Government Liberty and Property have been frequently Disappointed and Defeated and their malice turned upon their own heads and that the many Acts both of Mercy and Justice exerc'd by Us conform to the Laws of God and the Kingdom and the great Prudence Vigilance Moderation and Justice of Our dearest and only Brother during his abode in and Government under Us of this Our ancient Kingdom have had such happy success as to bring Our good Subjects to further abhorrence of Fanaticks and their Impieties and most of these who were misled by the lying Spirit of some of their pretended Ministers are shrunk from these wayes whereof they are justly ashamed so that Our people are brought nearer to that Dutiful and Peaceable Deportment which becomes Christians and Subjects Yet some are so indefatigable in malice as to continue and stir up others to Disturb that Peace and Tranquillity which Our people may enjoy under Our Reign In so much as of late some Traitors Runnagates and Fugitives have Convocat towards the number of eighty with forbidden Weapons and in unlawful manner near to Tala-lin in the Shire of Peebles And the people in that Countrey have been so Defective in the Duties of Loyal Subjects or good Countrey-men as to neglect giving timeous notice of such Meetings or Actings either to Our Council the Sheriff of the Shire or the Commanders of Our Forces who were nearest to them and this neglect of theirs being not only a breach of Duty in them but of very bad example and dangerous consequence if practised by others on such Emergments We therefore by Our Royal Authority and also in conformity to the whole course of Our Laws particularly to the 144 Act of the 12 Parliament King James the 6. And 7 Act Parliament 1 King James 1. Do hereby strictly Require and Command all the Subjects and Inhabitants within this Our Kingdom whether in Burgh or Land upon Knowledge or Information that any number of men do Convocat unlawfully in Arms or appear in company in any place or where any one or two of such as are Declared Traitors or Fugitives from Our Laws on Treasonable accounts shall repair that they shall with all Diligence give Intimation therof to Our Chancellour and such others of Our Secret Council as shall be at Edinburgh As also without delay that they give Information to any Commander of Our Forces who shall be nearest to the place where the said unlawful Convocation or such Traitors and Fugitives are and to the Sheriff of the Shire Stewart of the Stewartry Bailie of the Regality or Magistrates of Burrows where the said Meeting or persons appear or are informed to be and that within the space of one hour at most for every three miles distance they are at the time from Edinburgh or from the nearest Commander of the Forces Sheriffs and other Magistrates foresaid And farder We do hereby Require and Command Our saids Sheriffs Bailies and Magistrates upon any such Information given to them that they call together competent numbers of Our good Subjects and with these do exact Diligence at the utmost of their power to Search seek and Apprehend these who are so met and to present them to Justice and to follow them until they be apprehended or expelled out of their Jurisdiction on and on their flight they are immediatly to acquaint the Magistrates of the next Shire whither they are fled who are hereby required to do the like Diligences and so from Shire to Shire until they be apprehended or expelled forth of this Realm And in case any hurt or skaith fall out in the Pursuit or in apprehending of these so unlawfully convocat the Actors thereof are to be free and unpunished in any manner of way With Certification that these whoever fails in their said respective Duties whether it be the Magistrats in not pursuance or Our other Subjects in not giving timeous Information within the space foresaid or in not rising with and assisting the Magistrats in their forementioned Duties they shall be held and repute as Disaffected to Our Government and Service and as Art and Part and connivers with them in their said unlawful Designs and Convocations and undergo the punishment due to these who were of the said unlawful Convocation by the Laws of this Our Kingdom And We hereby of new Intimat to all Our Subjects that whoever shall Intercommune with Reset supply shelter or give any comfort to any declared Traitors or Fugitives or who shall conceal reset or shelter any who do Convocat in manner foresaid that such Resetters or Assisters shall be proceeded against as if they were guilty of the Crimes whereof these Traitors and Fugitives are guilty according to the just rigor of Our Laws Our Will is herefore and We
diligent and faithful Persons in every Office to receive in the Writs given in to be Registrat from whom they are to take Caution for their Registrating Recording and safe Preserving of these Writs And Appoints That there shall be two Minut-Books kept in every Office in the One whereof there shall be set down the Title of Writs given in to be Registrat the Name of the Giver in and the Date of the ingiving which is to be subscribed by the Clerk or his Substituts foresaids and all Writs so given in shall be booked within the space of one year after the ingiving and if any Party or one employed by him shall desire up a Writ given in within the space of Six Moneths after its ingiving then the Title of the Writ the name of the Party and the Date of both ingiving and outgiving of the said Writ shall be insert in the other Minut-Book and be subscribed by the Receiver thereof that as the one Minut-Book doeth Charge so the other Minut-Book may Discharge the Clerk of such Writs And that no Writ gâ—ven in shall be taken out after the same is Booked And the Clerks are to begin the foresaid Method of the saids two Minut-Books from the first day of August next ensuing And when the time comes that these Registers are to be given in to the General Register House the two Minut-Books are likewise to be given in with them subscribed by the Clerk And the Deput appointed by the Lord Register for keeping of the saids Registers shall subscribe other Doubles of the saids Minut-Books which are to keeped by the Clerks for Information of the Leidges in their Offices And the Clerk of Register or his Deput are hereby Ordained to keep all Principal Writs in a secure Room distinct from the Room where the Registers are keeped As also Further Ordains the Clerk of Register once in the year to visite the Registers in every Chamber as he shall be answerable And because many Writs are Registrat incompetently outwiâ—h the Jurisdiction to the great prejudice of the Leidges such Registrations being void and null and consequently all Execution following thereupon THEREFORE Statutes and Ordains That no Clerk of Inferior Court for the future presume to Registrat any Writs in his Books either for Conservation or where Execution is to pass against any Party that dwells without the Jurisdiction under the pain of Deprivation and of Five Hundred Merks of Penalty the one half to His Majesty and the other half to the Party Pursuer Likeas His Majesty with Consent foresaid Ratifies and Approves the Gifts granted by the Clerk Register to the present Ordinary Clerks of Session of their respective Offices in the whole Heads Tenors and Contents of the same Declaring these Presents to be as effectual as if the saids Gifts were verbatim here insert And in respect that by this Act there is a great addition to the Clerk Register his Care and Trouble as well as to the Peoples Security THEREFORE It is Ordained That there shall be Twenty Shilling Scots payed to the Clerk Register in place of the Merk formerly payed to him and his Predecessors for each Subscription XXXIX ACT In Favours of Planters and Inclosers of Ground June 13. 1685. OUR SOVERAIGN LORD With Advice and Consent of the Estates of this present Parliament for the Encouragement of Inclosing of Ground and Planting of Trees Does Ratifie and Approve all former Laws and Acts of Parliament made in favours of Inclosers or Ground and Planters of Trees and particularly the 41 Act Parl. 1. Charles 2. Intituled Act for Planting and Inclosing of Ground And because the time Prescribed in the said Act is now elapsed They Statute and Ordain That the whole Heads contained in the said Act be observed for the space of Nineteen Years next to come Commencing from the Date hereof And Likewise Ratifies and Approves the 17 Act Parl. 2. Charles 2. Intituled Act for Inclosing of Ground And Ordains the same to be observed in all time coming And further Statutes and Ordains That hereafter no Person shall Cut Break or Pull up any Tree or piel the Bark of any Tree under the pain of Ten Pounds Scots for each Tree within Ten Years old and Twenty Pounds Scots for each Tree that is above the said Age of Ten Years and that the Havers or Users of the Timber of any Tree that shall be so Cut Broken or Pulled up shall be lyable to the same Penalty except he can produce the Person from whom he got it and if the Person that shall be so convicted be not able to pay the Fine then he shall be decerned to work a Day for each half Merk contained in the said Fine to the Heretor whose Planting shall be so Cut or Broken As likewise Statutes and Ordains That no Person shall break down of fill up any Ditch Hedge or Dike whereby Ground is Inclosed and shall not leap or suffer their Horse Nolt or Sheep to go over any Ditch Hedge or Dike under the pain of Ten Pounds Scots toties quoties the half whereof to be applyed to the Heretor and the other half for the Mending and Repairing of Bridges and Highways within the Paroch at the fight of the Sheriff Stewart or Justices of Peace before whom the Contraveeners shall be pursued XL. ACT of Annexation of the Offices belonging to the late Earl of Argile June 16. 1685. OUR SOVERAIGN LORD With Advice and Consent of the Estates of Parliament Considering how dangerous it hath always been to the Peace and Quiet of this Kingdom to bestow too many Heretable Jurisdictions Offices and Superiorities upon any of His Majesties Subjects living in the remot High-lands and that by such helps as these the Family of Argile did in the last Age as well as this commit and maintain their Execrable Treasons and oppress and enslave His Majesties faithful and Loyal Subjects and that the Jurisdictions Offices Superiorities and Constabularies after-specified are now fallen in His Majesties hands by the Sentence and Doom of Forfaulture given and pronounced against Archibald Campbel late Earl of Argile by the Commissioners of Justiciary upon the _____ day of _____ THEREFORE His Majesty with Consent foresaid Do Unite Annex and Incorporat to His Crown of this His Ancient Kingdom to remain inseparably with the same in all time coming the Offices of Justice General of all the Isles of Scotland except Orkney and Zetland of the Shires of Argile and Tarbet and of all the remanent Lands and Estate belonging to the said late Earl in Scotland the Heretable Lievetenandry of Argile and Tarbet Shires the Heretable Chamberlainry of both these Shires the Office of Admirality of all the Lands belonging to him the said Archibald Campbel the Right of the Commissariot in so far as it belong'd to the late Earl the Office of the Kings Master-Houshold within Scotland the Heretable Sheriff-ship of Argile and Tarbet Shires the Heretable Crownership and Toshdorich or Mayorship in these