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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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THE LAWS and ACTS Made in the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN JAMES VII By the Grace of GOD King of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 23. of April 1685. By His Grace WILLIAM Duke of Queensberry Marquess of Dumfreis-Shire Earl of Drumlanrig and Sanqhuar Viscount of Nith Torthorwald and Ross Lord Dowglas of Kinmount Midlebie and Dornock c. Lord High Thesaurer of Scotland His Majesties High Commissioner for holding this Parliament by vertue of a Commission under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Collected and Extracted from the Registers and Records of Parliament by GEORGE Viscount of Tarbet Lord M c Leod and Castle-haven c. Clerk to His Majesties Council Registers and Rolls c. I7 R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT EDINBURGH Printed by the Heir of Andrew Anderson Printer to His most Sacred Majesty Anno DOM. 1685. Cum Privilegio GOD SAVE KING JAMES THE SEVENTH LAWS and ACTS Made in the FIRST PARLIAMENT Of Our most High and Dread SOVERAIGN JAMES VII By the Grace of GOD King of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBURGH the 23. of April 1685. I. ACT For Security of the Protestant Religion April 28. 1685. OUR SOVERAIGN LORD with Consent of the Estates of Parliament Conveened Ratifies and Confirms all the Acts and Statutes formerly past for the Securitie Liberty and Freedom of the true Church of GOD and the Protestant Religion presently professed within this Kingdom in their whole Strength and Tenor as if they were here particularly set down and exprest II. A Declaration and Offer of Duty by the Kingdom of Scotland with an Annexation of the Excise to the Crown April 28. 1685. THE ESTATES OF PARLIAMENT now Conveened by His Majesties Soveraign Authority Taking into their Considerarion how this Nation hath continued now upwards of Two Thousand Years in the unaltered Form of Our Monarchical Government under the un-interrupted Line of One Hundred and Eleven Kings whose Sacred Authority and Power hath been upon all signal Occasions so owned and assisted by Almighty GOD that Our Kingdom hath been protected from Conquest Our Possessions defended from Strangers Our Civil Commotions brought into wished Events Our Laws vigorously Executed Our Properties legally Fixed and Our Lives securely Preserved so that We and Our Ancestors have enjoyed those Securities and Tranquillities which the greater and more flourishing Kingdoms have frequently wanted Those great Blessings we owe in the first place to Divine Mercy and in dependance on that to the Sacred Race of Our Glorious Kings and to the solid absolute Authority wherewith they were Invested by the first and fundamental Law of Our Monarchy nor can either Our Records or Our Experience instance Our being deprived of those happy Effects but when a Rebellious Party did by Commotions and Seditions Invade the Kings Soveraign Authority which was the cause of Our Prosperity yet so far hath Our primitive constitution and fundamental Laws prevailed against the Innovations and Seditions of turbulent Men as that these Interruptions never terminated but either in the Ruine or at least the Suppression of these who at any time did Rebel or Rise in Opposition to Our Government And since so many Ages hath assured to Us the great advantages which flow down to all Ranks of People from the happy Constitution of Our Monarchy and that all Our Calamities have ever arisen from seditious Invasions upon these Sacred Rights THEREFORE The Estates of Parliament for themselves and in name of the whole Kingdom judge themselves obliged to Declare And they Do Declare to the World that they abhor an● detest not only the Authors and Actors of all preceeding Rebellions against the Soveraign but likewise all Principles and Positions which are contrary or derogatory to the Kings Sacred Supream Absolute Power and Authority which none whether Persons or Collective Bodies can participat of any manner of way or upon any Pretext but in Dependance on him and Commission from him And as their Duty formerly did bind them to owne and assert the just and legal Succession of the Sacred Line as unalterable by any Humane Jurisdiction So now They hold themselves on this occasion obliged for themselves and the whole Nation Represented by them in most humble and dutiful manner to Renue the hearty and sincere Offer of their Lives and Fortunes to Assist Support Defend and Maintain King James the Seventh their present Glorious Monarch and His Heirs and lawful Successors in the possession of their Crowns Soveraignty Prerogatives Authority Dignity Rights and Possessions against all Mortals And withall to assure all His Enemies who shall adventure on the Disloyalty of disobeying his Laws or on the Impiety of Invading his Rights that such shall sooner weary of their Wickedness then they of their Duty and that they firmly Resolve to give thei● intire Obedience to His Majesty without Reserve and to concur against all His Enemies Forraign or Intestine And They solemnly Declare That as They are bound by Law so they are voluntarly and firmly Resolved that all of this Nation betwixt Sixty and Sixteen Armed and Provided according to their Abilities shall be in readiness for His Majesties Service where and as oft as it shall be His Royal Pleasure to Require them And since the Excise of Inland and Forraign Commodities granted to King Charles the Second of ever Blessed Memory by the 14. Act of the Parliament 1661 during all the days of his Lifetime and Prorogate by the 8. Act of the Parliament 1681. for Five Years thereafter will shortly Terminat And the Estates of Parliament Considering the usefulness of this Grant to Support the Interest of the Crown Do as the first Evidence of their Sincerity in the foresaid Tender of their Duty Humbly and Unanimously Offer to His most Sacred Majesty King James the Seventh their present Monarch and to His Lawful Heirs and Successors in the Imperial Crown of Scotland the said Excise of Inland and Forraign Commodities exprest in the said 14. Act of Parliament 1661 to be Collected in the manner prescribed by the said 8. Act of the Parliament 1681. for ever And His Majesty and Estates of Parliament by the force of this Act have United Annexed and Incorporated and Unites Annexes and Incorporats the same to the Crown of this Realm to Remain therewith in annexed Property in all Time coming And in respect that the alteration in the method of Collecting the Inland Excise from what it was by the Act 1661 to that prescribed by the 8. Act Parliament 1681. will require some time to Establish it in Collection THEREFORE His Majesty with Consent of the Estates Continues the Collection prescribed by the 14. Act Parliament 1661 for the said Inland Excise for Six Moneths from the first of May next allanerly III. ACT Concerning Citations in Processes
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