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water_n	great_a	place_n	sea_n	5,022	5	6.4533	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Declared that if any of the saids Lands hold of a Sub-altern Vassal That it shall be Lawful to His Majesty to present a Vassal to the Intermediat Superiour To the end His Majesty may thereby apply the Mails and Duties of these Lands so holden to His Majesties own use It is always hereby Declared That the Annexation of the Lands of North-berwick as belonging to the said Thomas Stuart sometime of Cultness shall not prejudge the Senators of the Colledge of Justice as to their Right and Interest in these Lands who are hereby Declared preferable for the same Reserving also Lieutennant Collonel Theophulus Ogilthrop and Major Mayn and Captain Cornwal his Authors the Rights and Grants made to them respectivsegravè by His late Majesty in so far as concerns the Lands Gifted to them to be bruiked and enjoyed by them ay and until they be satisfied by His Majesty or by their own Intromissions XLIII ACT in favours of the Inhabitants of Orkney and Zetland June 16. 1685. OUR SOVERAIGN LORD Considering the great distance of the Islands of Orkney and Zetland from the Town of Edinburgh the ordinary place of Justice and the uncertainty of Passage by Sea and the many fresh Waters and other Ferries in the way by Land Doth with Advice and Consent of His Estates of Parliament Statute and Ordain That all Summons to be intented against the Inhabitants of Orkney and Zetland before the Lords of Privy Council the Lords of Session and before the Commissioners of Justiciary and Letters of Horning and Law-borrows upon their Decreets or by their Warrand shall be execute in time coming upon fourty days but prejudice always of Letters to be raised upon Writs Registrated of consent of parties where by the Clause of Registration the party consents that execution should pass on a shorter time XLIV ACT for a Standart of Miles June 16. 1685. OUR SOVERAIGN LORD Thinking it fit that there should be a fixed Standart for Measuting and Computation of Miles and that the whole Isle of Britain should be under on certain kind of Commensuration Doth therefore with Consent of the Estates of Parliament Statute and Ordain That three Barley Corns set lengthways shall make an Inch as it is already used That twelve inches shall make a Foot of Measure which is to be the only Foot by which all Work-men especially Masons Wrights Glasiers and others are ordained to measure their Work in all time coming under the pain of an hundreth pounds toties quoties Three of these Foot 's are to make a Yard as three Foot and one Inch makes a Scots Eln And a thousand seven hundreth and sixty Yards are to make a Mile which is to be made the Standart of Computation from place to place in all time coming XLV ACT in favours of Sir William Bruce for enlarging the Shire of Kinross Iune 16 1685. OUR SOVERAIGN LORD and Estates of Parliament Considering the smalness and extent of the Sheriffdom of Kinross and Jurisdiction thereof to support and maintain the State and Rank of a distinct Shire as it is and anciently has been and that it will be of great advantage and ease to His Majesties Lieges the several Heretors Residenters and Inhabitants within the Parochs of Portmock Cleish and Tilliboal excepting alwayes and reserving the Jurisdiction of the Lands of Carnboe Bridge-lands Cruick and Cruick-miln lying in the said Paroch of Tilliboal and Stewartry of Strathern whereof James Earl of Perth Lord high Chancellour is Heretable Stewart out of this present Act which is hereby Declared to be without prejudice thereunto Infringement thereof or Incroachment thereupon or to the detriment of the said Heretable Stewartry in any manner of way whatsomever and to the Heretors of these several parts and portions of Land lying in the Paroch of Kinross and in the Shires of Fife and Perth and of the Barony of Cuthilgourdy lying in the Shire of Perth and belonging to Sir William Bruce of Kinross Baronet Heretable Sheriff of the said Shire of Kinross be Disjoyned from the saids Shires of Fife and Perth and Jurisdictions thereof and Joyned Annexed and United to the Shire of Kinross and Jurisdiction thereof unto which the saids Parochs and Lands ly contigue and most conveniently And that John Marquess of Athol Sheriff principal of the Sheriffdom of Perth and Margaret Countess of Rothes and the Deceast Charles Earl of Hadingtoun her Husband Heretable Sheriff of the Shire of Fife have for their respective Interests consented to the Disjunction of the saids Lands and Parochs above-mentioned from the saids Shires of Fife and Perth and to the Uniting them to the said Shire of Kinross and Heretable Jurisdiction thereof in favours of the said Sir William Bruce Heretable Sheriff of the same with the burthen of the Valuation and all other publick burthens laid on or to be laid on the same THEREFORE His Majesty and Estates of Parliament upon the Considerations foresaid hereby Dismember and Disjoyn the saids several Parochs of Portmock Cleish and Tilliboal and whole Lands contained therein Reserving the Jurisdiction of the saids Lands as is above reserved and the saids parts and portions of Land in the Paroch of Kinross lying within the saids Shires of Fife and Perth and the saids Lands and Barony of Cuthilgourdy from the saids Shires of Fife and Perth and Jurisdictions thereof for now and ever And Adjoyn Unite Annex and Incorporat the same to the said Sheriffdom and Heretable Sheriff-ship of Kinross And Statute Ordain and Declare them in all time coming to be a part of the Shire of Kinross in and to all effects and purposes and in particular in point of Jurisdiction Judicatures Civil and Criminal and in all matters privat and publick whatsoever and in the ordering casting and collecting of Cess Excyse Militia Out-reeks of Levies and mending of High-wayes as amply and freely as any other Shires do or may do within this Kingdom Discharging hereby all other Sheriffs and their Deputs and Justices of Peace within the saids Shires of Fife and Perth from exercing any Power of Jurisdiction over any of the saids Lands and Parochs foresaids Heretors and Inhabitants thereof in any time coming as being now only answerable to the Sheriff-Court of Kinross and Justices of Peace within the same Reserving alwise to the said James Earl of Perth and his Heirs the Jurisdiction of the saids Lands of Cruik Cruik-miln Carnboe and Bridg-lands as Heretable Stewart of the said Stewartry of Strathern And in respect that formerly the publick Burthens Cess Excise Militia and mending of High-wayes and other publick Concerns were because of the smalness of the Shire of Kinross and that for many years the Right and Interest thereof was broken and divided in the hands of many Creditors casten in and mannaged with the publick Concerns of Fife And the Shire of Kinross being now enlarged and that Interest brought in and made intire again in the person of the said Sir William Bruce THEREFORE His Majesty with Consent

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 failȝie 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.

of Q. Mary And to the effect the saids Laws may receive the more vigorous Execution We do hereby Commissionate the Persons following to be Masters of Game within the respective Bounds after-specified viz. Our Chancellor for the time being for the three Lothians and Town of Edinburgh and Shire of Bathgate The Earl of Mar for Stirling Shire Sir George Mackenȝie of Tarbet Lord Clerk Register for Clakmannan Shire The Earl of Belcarras for Fife and Sir William Bruce of Balcaskie for Kinross the Marquess of Athol Lord Privy Seal for Perth Shire the Earl of Perth for the Stewartries of Strathern Monteith and Balquhidder the Earl of Southesk for Forfar Shire the Earl of Marischal for the Shire of Kincardin and for all below Mormouth Hill and the Water of Eugie in Bamff Shire and the Earl of Airly for all the rest of Bamff Shire the Earl of Dumfermling for all betwixt Crathus Bannachie and the Sea in Aberdeen Shire the Earl of Kintore in all above that in the said Shire the Earl of Murray for all from Spey to Ness high and low comprehending Elgin Nairn and Innerness Shire to Lochness The Earl of Seaforth from Ness to Conan high and low comprehending Cromarty Shire Sir George Mackenȝie of Tarbet Lord Clerk Register from Conan to Portnaculter and Okel-Water and on the West from Lochew to Cuiliscuack the Lord Duffus for Sutherland excepting Assint which is in the last Division the Earl of Caithness for Caithness the Stewart of Orkney for Orkney for Argile and Bute the Sheriff for the time being the Earl of Home for the Shire of Berwick the Sheriff of Roxburgh for the Shire of Teviotdale the Lord Duke of Hamilton for Lanerk Shire the Earl of Kilmarnock for the Shire of Air the Lord of Yester for Peebles Shire the Earl of Glencairn for the shire of Renfrew the Marquess of Montross for the Shire of Dumbartoun the Laird of Burghtoun for the Shire of Wigtoun the Earl of Galloway for the Stewartry of Kirkcudbright and the Marquess of Queensberry Lord High Thesaurer for the Shire of Dumfreis Hereby Impowering and Warranting them to put the standing Laws in Execution in so far as concerns the preserving of Forrests Wild-fowl and Fishing especially the Laws and Ordinances above-spedfied And We Require all Our Judges ordinar in their respective Bounds and Jurisdictions to give speedy Justice thereupon in favours of the saids Masters of Our Game or their Deputs when they delate or pursue Delinquents before them as they will be answerable upon their Duties and Offices And all Sheriffs Mayors other Officers and Fiscals of their respective Courts are Ordained to cite Delinquents before these Courts as they shall be informed thereof and Witnesses to prove the samine and to prosecute them until final Sentence be pronounced against them and thereafter see these Sentences put to due and lawful Execution the Expenses whereof is to be payed out of the first and readiest of the Fines of the Delinquents so uplifted at the sight of the respective Masters of Game under the pain of Deprivation and further Censure in case of neglect as Our Council shall find cause And for further enabling Our saids Masters of Game We Impower them to appoint Deputs one or moe for whom they are to be answerable as well for their Diligence as Fidelity And that their saids Deputs themselves nor none by their connivance take upon them to contraveen this Proclamation and destroy the Game And to encourage them in so good Service to Us and Our People We hereby allow Our parts of all Fines and Unlaws due to Us by Our Laws for the Crimes relating to Forrests Game and Fishing in favours of the saids Masters of Our Game within their respective Bounds and during the time We shall think fit to imploy them in the said Service Withall certifying them that if they be remiss or negligent in their Duty they are to be discharged of their Offices and fined by Our Privy Council as they shall find cause And We declare Our said Commission is to continue and endure for the space of seven years after the date hereof and until We or Our Privy Council think fit to recall the same And that We have recalled Our former Proclamation anent Game of the Fourth of March 1680. Our Will is herefore and We Charge you strictly and Command that incontinent these Our Letters seen ye pass to the Mercat-Cross of Edinburgh and other Mercat-Crosses of the Head-Burghs of the several Shires of this Kingdom and other places needful and there by open Proclamation make Publication of the Premisses that none pretend Ignorance Given under Our Signet at Edinburgh the 9. day of June 1692 years And of Our Reign the thirtieth and fourth Year And Does strictly Require and Command all Our Masters of Game Sheriffs and other Magistrats and their Deputs and all Heretors and Liferenters and proper Wodsetters within their respective Bounds to be diligent and vigilant in Time coming in putting the saids Acts and Laws therein-contained to full and due Execution And Does hereby Require all Our Judges before whom Our Masters of Game or others shall Pursue the Contraveeners to give them full and speedy Justice as they shall be answerable And for the Preservation and Increase of Partridge Muir-fowl Heath-fowl and Quails which are so much decayed of late Our Soveraign Lord with Consent foresaid Does Statute and Ordain That no Person or Persons whatsoever shall make use of Setting-Dogs with Nets for taking or killing of Partridges Muir-fowls Heath-fowls or Quails within any part of this Our Ancient Kingdom for the space of Seven Years immediatly after the Publication hereof under the Penalty of Fourty Merks Scots for each Fowl that shall be so killed or taken to be payed by the Killers or Takers to Our Masters of Game and their Deputs or others who pursues the same And whoever shall Shoot Hares shall pay Fourty Merks Scots for each Hare that he shall shoot XXI ACT Against Stealing of Dogs and Hawks May 27. 1685. OUR SOVERAIGN LORD and Estates of this present Parliament Taking to their Consideration the great Prejudice and Inconveniencies that has and does dayly fall out through the Stealing and Keeping of Hawks and Dogs that has strayed and got away from their rightful Owners by Persons that has no right or interest to do the same Does Statute and Ordain That whosever hereafter shall Steal a Hawk out of the Nest or Air or take a Collar from a Dogs Neck or Vervel from a Hawk with the Masters Name or Style thereon shall be Fined in the Sum of Five Hundred Merks Scots And whosoever shall give away or sell any Hawk or Dog which is not his own shall be Fined in the Sum of One Hundred Pound Scots As also that whosoever does get a Dog straying having the Collar above-named or Hawk with Bells or Vervels that has got away from her or his Master and does take the said Hawk or Dog into his