The laws and acts made in the first Parliament of our most high and dread soveraign James VII by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden at Edinburgh the twenty third day of April 1685, by His Grace William Duke of Queensberry ..., His Majesties High Commissioner for holding this Parliament, by vertue of a commission under His Majesties great seal of this kingdom : with the special advice and consent of the Estates of Parliament / collected and extracted from the registers and records of Parliament, by George Viscount of Tarbet, Lord McLeod, and Castle-haven, &c. ... Laws, etc. Scotland. 1685 Approx. 199 KB of XML-encoded text transcribed from 24 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-11 (EEBO-TCP Phase 1). 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A58628) Transcribed from: (Early English Books Online ; image set 98054) Images scanned from microfilm: (Early English books, 1641-1700 ; 778:10) The laws and acts made in the first Parliament of our most high and dread soveraign James VII by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden at Edinburgh the twenty third day of April 1685, by His Grace William Duke of Queensberry ..., His Majesties High Commissioner for holding this Parliament, by vertue of a commission under His Majesties great seal of this kingdom : with the special advice and consent of the Estates of Parliament / collected and extracted from the registers and records of Parliament, by George Viscount of Tarbet, Lord McLeod, and Castle-haven, &c. ... Laws, etc. Scotland. Cromarty, George Mackenzie, Earl of, 1630-1714. Scotland. Parliament. [2], 39, [3] p. Printed by the heir of Andrew Anderson ..., Edinburgh : 1685. Reproduction of original in Huntington Library. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Law -- Scotland. 2003-07 TCP Assigned for keying and markup 2003-08 Apex CoVantage Keyed and coded from ProQuest page images 2003-09 Rina Kor Sampled and proofread 2003-09 Rina Kor Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion 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. 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 Conv●…ned , 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 Consideration , 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 〈◊〉 the hearry and sincere Offer of their Lives and Fortunes , to Assist , Support , Defend , and 〈◊〉 King Iames 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 a●…venture 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 o●…t 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 Iames 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 SOVERAION LORD , and Estates of Parliament , Do hereby Declare , that the Gi●…ing , 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 Council , and other●… 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 Iohn 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 Rendezvouzes 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 Sheriff , 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 Iuly , 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 Iuly , 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 sacto , 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 Iuly , 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 ●…eu , 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 samine were Apprised at the Mercat Cross of the head Burgh of the Jurisdiction , notwithstanding of any Law , or Practice in the contrary . X. ACT Concerning Iudicial Confessions before the Commissioners of Iusticiary . May 8. 1685. THE KINGS MAJESTY , and Estates of Parliament , Do hereby Statute and Declare , all Confessions of Parties , after they have received an Indictment in the Case of Treason against the Kings Person or Government allenarly , Emitted before the Commissioners of Justiciary , Sitting in Judgment , and Subscribed by the Pannal , or by the saids Judges , in the Case where the Pannal owns the Confession , as it is Reduced in Writ , and yet either cannot , or refuses to Subscribe , shall be Considered as a Judicial Confession , and shall be as Probative to Assizes , as if the same had been Emitted in presence of the Assize , notwithstanding of the 90. Act of the 11 Parliament of King Iames the Sixth , and that if Assizers Assoilzie , notwithstanding of such Confessions , they shall be lyable to a Process of Errour ; and this Law to be of force only to the next Session of Parliament ; and the 90. Act of the 11. Parliament of King Iames the Sixth , is to continue in its full force as to all the rest of its Tenor and Contents . XI . ACT Obliging Persons to Accept Offices . May 8. 1685. OUR SOVERAIGN LORD , With Advice and Consent of His Estates of Parliament , Do hereby Statute and Declare , That if any of His Majesties Subjects within this His Ancient Kingdom , shall Refuse to Accept the Office of Magistrats , Justices of Peace , Constables , Officers in the Militia , or any other Employment laid on them by the King or Council , They shall be Fyneable for their said Contempt , unless they can propone such reasonable Excuses as may satisfie the Lords of His Majesties Privy Council , to whom the Execution of this Act is Remitted ; And this without Prejudice of any former Right or Priviledge given to the Royal Burrows for Obliging Burgesses to Accept of Offices and Employments within Burgh . XII . ACT of Supply . May 8. 1685. THE ESTATES OF PARLIAMENT , Calling to mind the many great Blessings they have , and do enjoy , under the Protection of the Royal Government , and especially by the many Deliverances from the Rebellious Insurrections and Designs of Fanatical Traitors , from whom they could expect no less then Confusion in Religion , Oppression in their Estates , and Cruelty against their Persons and Families : And that the terrour of His Majesties Forces hath been very Instrumental for procuring our present Security ; But considering , that not only these Enemies continues their inveterat hatred against King and People , but that their frequent Disappointments have heightned their Melice to Despair ; and that the present Forces may be too few to undergo all the Fatigue which His Majesties Service , or the Protection of the Countrey doth Require . And to demonstrat to all Seditious Men , that this Nation is resolved to bestow all they have in the Kings Service , rather than to be exposed to the least of their Insults . Do therefore , for themselves , and the Nation represented by them , Make a hearty and dutiful Offer to His Majesty of Two Hundred and Sixteen Thousand Pounds yearly , payable at two Terms , viz. Whitsunday and Martinmass , each year , beginning at Whitsunday next 1685 , and so furth Termly , and that over and beside the Five Moneths Cess already Imposed on this Kingdom by the 3. Act of the Parliament 1681 , whereby there will be Four Moneths Cess payable at each Term hereafter , beginning at Whitsunday next 1685. And as a further evidence of their entire Affection to the Sacred Person of His present Majesty , they humbly and heartily offer a Continuation and Prorogation of the said Four Moneths Cess termly , from the said Term of Whitsunday 1685 inclusivè , during all the Terms of His Majesties Lifetime ( which God Almighty long preserve , ) that being the greatest of our Earthly Wishes , as it is the chief of our Temporal Felicity and Glory . And for the better and more speedy inbringing of Payment of the saids Eighth Moneths Cess , the Kings Majesty , with Advice and Consent of the Estates of Parliament , Nominats , Appoints , and Ordains the Persons underwritten to be Commissioners within the respective Shires , for Ordering and Uplifting of the saids Eighth Moneths Cess , viz. For the Shire of Edinburgh . The Earl of Lawderdale , the Earl of Lothian , the Viscount of Oxfuird , the Viscount of Tarbet , the Lord Torphichen , the Master of Balmerinoch , the Lord Advocat , the Lord Justice Clerk , the Lord Reidfuird , the Lord Edmingstoun , the Lord Newbyth , Sir Iohn Maitland of Ravelrig , Sir Iohn Dalmahoy of that ilk , Sir William Nicolson of that ilk , Sir Iohn Fowlis of Ravelstoun , Sir Alexander Gibson of Pentland , Sir Iohn Clerk of Pennycook , Sir William Drummond of Hathorndean , Sir Patrick Nisbet of Dean , Sir Iohn Young of Leny , Sir William Murray of Newtoun , Hugh Wallace of Inglistoun , Sir Iohn Ramsey of Whitehill , Sir Robert Baird of Sauchtounhall , Sir William Sharp of Stony-hill , Sir William Binning of Wallyford , Sir Iames Dick of Priestfield , Henry Trotte●… of Mortounhall Thomas Craig of Riccartoun , Alexander Nisbet of Craigintinny , Robert Miln of Barntoun , Patrick Hamilton of Falla , Iohn Cunninghame of Woodhall , Mr. Walter Pringle of Graycruik , Mr. Iames Deans of Woodhouslie , Mr. Rodorick Mackenzie of Prestounhall , Mr. David Watson of Sauchtoun , Iohn Fowlis of Ratho , Iames Baird younger of Sauchtounhall , Iames Murray younger of Deuchar , Charles Murray of Hadden , Sir William Hope of Grantoun , Mr. Iames Hunter of Murrayes , the eldest Baillie of Musselburgh for the time , the eldest Baillie of Dalkeith for the time ; The Earl of Perth , Sheriff-Principal , Conveener , and in his absence the Lord Collingtoun . For the Shire of Haddingtoun . The Earl of Wintoun , the Earl of Tweddale , Lord Yester , Lord Elibank , Lord Belhaven , Sir Iohn Sinclair of Lochead , Archibald Murray of Spott , Mr. Robert Lawder Portioner of Belhaven , Archibald Sydeserf of Roughlaw , Sir Andrew Ramsey of Waughtoun , Francis Kinloch of Gilmertoun elder , Sir William Baird of Newbyth , Patrick Brown of Colstoun , Iames Dowgall of Nunland , Robert Hepburn of Beer●…oord , Iohn Seaton of Barns , Sir Robert Sinclair of Stevinson , Sir Iames Stansfield of New-milns , Richard Cockburn of Clerkingtoun , Sir Iames Hay of Linplum , George Swintoun of Chesters , Mr. George Halyburton of Egglescairney , Sir Iohn Lawder of Fountainhall , George Brown younger of Colstoun , Adam Cockburn of Ormstoun , Adam Hepburn of Humbie , David Hepburn of Randerstoun , Iohn Wedderburn of Gosford , Sir Iohn Nisbet of Dirltoun , William Congleton of that Ilk , Sir George Sutie of Balgone , Sir Iohn Ramsey of Westerfalside , Iohn Seton of St. Germans , Sir William Hamilton of Prestoun , George Morison of Prestongrange , Iohn Sleich Provost of Haddingtoun , William Mccall Baillie there , Iames Forrest Baillie in Dumbar , Charles Maitland Baillie in North-Berwick , the Earl of Wintoun Conveener , and in his absence George Brown younger of Colstoun . For the Shire of Berwick . Iames Earl of Hume , the Lord Harcars , Mr. Charles Home of Aytoun , Sir William Nicolson of Cockburnes-path , Sir Iohn Sinclar of Lonformagus , Sir Alexander Don of Newtoun , Sir Iohn Hume of Blackader , Sir Iames Cockburn of that Ilk , Archibald Cockburn of Borthwick , Sir Patrick Hume of Burns-bank , Iohn Rentoun of Lambertoun , Sir Iames Cockburn of Riselaw , Iohn Ker of West-Nisbit , William Cockburn of West-Winsheil , Mr. Alexander Brown of Thorny-Dykes , William Ramsay younger of Edingtoun , Iohn Edgar of Wedderly , Henry Troiter of Mortounhall , Andrew Ker of Moristoun , Andrew Ker of Little-Dean , Iames Nicolson of Trabroun , Iohn Dunce of Growel-Dykes ; Iohn Hall of Old-Cambuss , Iames Cockburn of Whin-rigg , William Cockburn of Caldra , Mr. Henry Hume of Keams , Ioseph Dowglas of Edringtoun , Henry Sinclar of Wouldforland , George Hume of Saint Leonards , Mr. Patrick Craw of Heugh-head , Charles Swintoun younger of Mersingtoun , Iames Brown younger of Blackburn , Iames Pringle of Ruthchester , Thomas Rochead of Whitsumhill , Iames Peter of Chapel , Thomas Falconer of Kincorth , Mr. Iames Dowglas of Earnslaw , Mr. Iohn Cockburn of Easter-Winsheil , Mr. Duncan Forbes of Uxstoun , Iohn Sleich of Greengelt ; Sir Archibald Cockburn elder of Lantoun , or in his absence his eldest Son , Conveener . For the Shire of Roxburgh . The Earl of Lothian , the Lord Cranstoun , the Lord Iedburgh , the Lo. Newbottle , Sir William Ker of Greenhead , Sir Francis Scot of Thirlestane , Sir William Elliot of Stobs , Sir William Bennet of Grubit , Henry Mcdougal of Mckerstoun , Sir Iohn Scot of Ancrum , Sir Robert Pringle of Stitchel , Sir Patrick Scot of Lang-newtoun , William Ker of Chatto , Francis Scot of Gorron-berry , Iohn Ker of Frogtoun , William Scot of Raeburn , Andrew Ker of Little-Dean , Charles Murray of Hadden , Mr. Patrick Don of Advocat , Robert Scot of Horslihill , Thomas M cdowgal younger of M ckerstoun , Iohn Scot of Rennel-bourn , George Rutherford of Fairnintoun , Iames Don of Smelholm , Iohn Halyourtoun younger of Murehouselaw , Thomas Rutherfoord of Knowsouth , Gledstoun of that Ilk , Andrew Ainsley of Black-hill , the Provest of Iedburgh , Robert Fae Bailie of Melross , Robert Eliot of Midlem●…ln , Robert Eliot of Lairistoun , Thomas Scot of Quislet , William Murray younger of Hadden , Mr. Francis Pringle Sheriff-deput , William Eliot of Grange , Langladge of that Ilk ; Sir William Dowglas of Cavers , Conveener . For the Shire of Selkirk . The Earl of Traquair , the Lord Elibank , Mr. William Hay of Drumelzier , Sir Francis Scot of Thirlstain , Iames Murray of Philip-hauch , Sir Patrick Murray of Deuchar , Thomas Scot of Whitslad , Iohn Riddel of Hayning , Hugh Scot of Gallosheils , Alexander Pringle of Yair , Iames Murray of Deuchar younger , Iames Scot of Bowhill , Thomas Scot of Todrig younger , William Scot of Braidindows , Ker of Sunderlandhall , Gideon Murray of Sundhope , Francis Scot of Gilmanscleuch , Andrew Plumber of Midlesteid , Iohn Currer of Howden , William Mithilhill , late Baillie in Selkirk ; The Laird of Drumelzier Conveener . For the Shire of Peebles . Iames Earl of Mortoun , Iames Lord Aberdour , Charles Earl of Traquair , Iohn Earl of Tweddale , Iohn Lord Yester , Collonel Iames Dowglas of Skirling , William Hay of Drumelzier , Sir Archibald Murray of Black-barony , Sir William Murray of Stainhope , Iohn Veitch of Davick , Richard Murray of Spittle-hauch , Iames Geddes of Kirkoord , Iohn Hay of Haystoun , William Burnet of Barns , Iames Williamson of Cordrono , Iohn Brown of Scotstoun , Iohn Dycks of Whitslad , George Hunter of Pollwood , David Plenderleith of Blyth , William Burnet of Keilzie , Alexander Horsburgh younger of that Ilk , James Nasmith of Posso ▪ Alexander Murray of Hall-myre , John Murray of Cringilty , John Balfour of Kilzia , Robert Burnet of Little-Orinstoun , William Horsburgh of that Ilk , Lawson younger of Cairmuire , the Provost of Peebles for the time , Alexander Baillie younger of Callands , James Russel of Slipperfield , Alexander Hamilton of Coldwall , James Chisholm of Hayrhope , Pennicook of Romano , William Morison of Prestoungrange ; Collonel James Dowglas of Skirling Conveener . For the Shire of Lanerk . William Duke of Hamiltoun , James Marquess of Dowglass , James Earl of Arran , Alexander Lord Blantyre , John Hamiltoun of Eldershaw , John Hamilton of Kilkerscleuch , William Baillie of Littlegil , John Carmichael of Boningtoun , Alexander Menzies of Culteralloes , Mr. Andrew Brown of Dolphingtoun , James Moorhead of Persielands , Christopher Baillie of Walstoun , James Somervel of Gladstanes , Sir George Lockhart of Carnwath , John Somervel of Spittel , James Lockhart of Cleghorn , the Laird of Lee , Menzies of Castlehil , Gavin Hamilton of Raploch , John Hamilton of Broomhill , William Hamilton younger of Raploch , Sir Robert Hamilton of Silvertoun-hill , Iohn Robertoun of Ernock , Iames Oswald of Fingaltoun , Iohn Hamilton of Barncluith , the Bailies of Hamiltoun for the time , Iohn Hamilton of Blantyre-ferm , Sir William Maxwel of Calderwood , Alexander Steuart of Torrens , Robert Cunninghame younger of Gilbert-field , Sir William Fleming of Fairholm , The Baillie of the Regality of Glasgow for the time , Mr. Hugh Corbet of Hardgray , Corbet of Tollcorse , Mr. Archibald Roberton of Bedlay , Iames Dunlop of Gardenkirk , Iames Muirhead of Bradiesholme , William Cleiland of Faskine , Cochran of Ruch-soals , Alexander Cleiland of that Ilk , Iohn Hamilton of Wood-hall , George Muirehead of Stevinstoun , Sir Iohn Harper of Cambushnethem , William Hamilton of Wishaw , Patrick Hamilton of Green , Alexander Hamilton of Dalzell , William Inglis of Murdochstoun , William Cleiland younger of Hairshaw , The Duke of Hamiltoun Conveener . For the Sheriffdom of Nithsdail and Dumfreis . William Duke of Queensberry , Iames Earl of Drumlanrig , Iohn Earl of Carnwath , William Earl of Annandale , Lord William Dowglas , Sir Robert Dalzel of Glenae , Sir Iames Dowglas of Kelhead , Sir Robert Greirson of Lagg , Sir Thomas Kirk Patrick of Closburn , Sir Robert Lourie of Maxweltoun , Sir Iames Iohnstoun of Wasteraw , Sir Patrick Maxwel of Springkell , Thomas Charters of Ammifield ; Iohn Carruthers of Holl-mayns ; William Dowglas of Dornock ; Iohn Dalzell younger of Glenae ; Iohn Ferguson of Craigdorroch ; Iames Iohnston of Corre-head ; Dowgal Maxwell of Cowhill ; Robert Maxwell of Carnsalloch ; George Maitland of Eccles ; Iohn Greirson of Cappinoch ; William Crichton of Crawfoord-toun ; Matthew Hairstains of Craigs ; Iohn Craik of Stewartoun ; Iames Menzies of Enoch ; Iames Carruthers , Chamberlain to the Earl of Annandail ; The Sheriff deput of Dumfreis for the time ; The Provost of Dumfreis for the time ; The Duke of Queensberry Conveener . For the Sheriffdom of Wigtoun : The Earl of Galloway , Robert Steuart of Reavingstoun , Sir Andrew Agnew of Lochnaw , William Steuart of Castle-stewart , Sir Charles Hay of Park , Sir Godfrey M cculloch of Myrtoun , Sir William Maxwel of Murreth , Sir David Dumbar of Baldoun ▪ Iames Dumbar of Mochrum , Patrick Mcdougal of Logan , William Mcdougal of Garfeland , Iohn Steuart of Phisgil , Iames Agnew of Lochnaw , Sir Iohn Dalrymple of Stair , Iohn Blair of Dunskey , Andrew Agnew of Sheuchan ▪ George Steuart of Tonderghie , Iohn Vauce of Barnbarroch , Iohn Ferguson of Doweltoun , James Gordon of Craiglaw , William Coultran , Provost of Wigtoun , Gilbert Neilson of Craigcastle ; the Earl of Galloway Conveener . For the Sheriffdom of Air. The Earl of Dumfreis , the Lord Boyd , the Lord Cochran , the Laird of Craigie , the Laird of Blair , Iohn Chalmers younger of Gaitgirth , Major Thomas Kennedy of Baltersane , William Wallace of Sewaltoun , Mr. Rorie M ckenzie of Dalvenan Baillie of Carrick , James Whitefoord of Dunduff , John Hamilton of Inchgoterick , Iohn Wallace of Cames-skan , William Steuart of Showood , Hugh Wallace of Galrigs , Hugh Kennedy of Donan , Robert Fullartoun of Craighal , the Lord Montgomery , the Lord Creichtoun , the Lord Bargany , the Laird of Culzean , Sir David Cunninghame of Robertland , Alexander Kennedie of Kilhenize , Cathcart of Carletoun , Hugh Wallace of Inglistoun , the Laird of Penustoun , Iohn Boyl of Kelburn , Andrew Brown of Boghead , Robert Wallace of Underwood , Robert Crawfoord of Crawfoordstoun , the Provost and Bailzies of Air for the time , the Provost of Irwing for the time ; the Earl of Dumfreis Conveener . For the Sheriffdom of Dumbartoun . The Laird of Luss , the Laird of Ardingaple , the Laird of Kilmahew , the Laird of Ardoch younger , the Laird of Colgrean , Mr. Iames Smollet of Stainflet , Robert Grahame of Callingade , Alexander M caulay of Dureling , Glaud Hamilton of Cochnay , William Bonteir of Mildiving , Walter M caulay of Stuck , Iohn Kirkmichael , Chamberlain to the Earl of Wigtoun , the Magistrats of Dumbartoun for the time ; the Laird of Orbistoun Conveener . For the Sheriffdom of Bute . The Duke of Hamiltoun His Grace , the Bailie in Arran for the time , the Earl of Eglingtoun , Ninian Bannatyne of Kames , Charles Steuart of Killcatton , John Boyl of Kellburn , Mr. Iohn Steuart of Ascog , Mr. Robert Steuart Advocat , Archibald Steuart of Kinwhinlick , Ninian Steuart of Largiezian , Robert Steuart of Macknack , Iohn Steuart of Linchael , Culbert Steuart of Ardinho , Archibald Glass , Sheriff-deput of Bute , Robert Ballantine of Lewbas , the Magistrats of Rothesay for the time , Sir Iames Steuart , Sheriff of Bute , Conveener . For the Sheriffdom of Renfrew . The Earl of Glencairn , the Earl of Dundonald , the Lord Montgomery , the Lord Cochran , the Lord Ross , the Lord Blantyre , the Lairds of Houstoun elder and younger , the Laird of Blackhall , the Laird of Orbistoun , the Laird of Johnstoun , the Laird of Bishoptoun younger , the Lairds of Greenock elder and younger , the Laird of Hellie , the Laird of Barrochan , Thomas Crawfoord of Carsburn elder , Thomas Crawfoord of Carsburn younger , the Laird of New-wark , the Laird of Over-pollock , the Laird of Scotstoun , the Laird of Jordon-hill younger , Iames Oswald of Fingaltoun , Colin Campbell of Blythswood , the Lairds of Bargarran elder and younger , Robert Hall of Fullbar , William Hamilton of Fergusly , Iohn Hamilton of Barr , Robert Lawder of Auld-house , the Laird of Cathcart younger , the Laird of Glanderstoun , the Laird of Dargwell younger , the Provost and Baillies of Renfrew for the time , the Bailies of Paisley for the time , Iohn Pollock of Falside ; the Lord Montgomery , Conveener . For the Sheriffdom of Striveling . The Duke of Hamiltoun , the Earl of Callender , the Lord Elphingstoun , Mr. William Livingston of Kilsyth , Iames Seton of Touch , Iohn Murrays of Polmais elder and younger , Michael Elphingston of Quarrel , Iames Bruce of Pow-fowlis , Alexander Bruce of Kinnaird , Iames Livingston of Westquarter , Archibald Stirling of Carden , Hugh Patersons elder and younger of Bannockburn , Iohn Stirling of Craigbonet , Iames Forsyth of Taylcortoun , Robert Bruce of Achenbowie , David Moir of Leckie , James Edmonstoun of Broich , William Buchannan of Drumakeil , George Stirling of Herbert-shire , Mr. Adam Campbel of Gargannock , Sir Hope of Carse , Alexander Napier of Culcreuch , Sir Charles Areskin of Alva ; the Earl of Mar Conveener . For the Sheriffdom of Linlithgow . William Duke of Hamiltoun ; James Earl of Arran ; George Lord Livingstoun ; Walter Lord Torphichen ; General Dalzel ; Walter Dundas of that Ilk , Thomas Drummond of Riccartoun ; James Cornwal of Bonhard elder ; Walter Cornwal of Bonhard younger ; James Hamilton of Bancrief ; Alexander Hamilton of Grange ; Patrick Murray of Livingston ; Alexander Cochran of Babachlaw ; William sharp of Houstoun elder ; Thomas Sharp of Houstoun younger ; James Dundass of Philipston elder ; James Dundass of Philipston younger ; Sir Alexander Livingston of Craigingal elder ; Alexander Livingstoun of Craigingal younger ; Sir John Dalrymple of Newlistoun ; Sir William Hope of Grantoun ; Mr. William Dundass of Kincavil ; Captain Dalzell of Binns ; James Monteith of Old-Cathie ; John Hamilton of Dachmont ; Mr. John Fairholm of Craigiehall , Mr. Iohn Hay of Woodcockdale ; George Drummond of Carlourie ; Alexander Miln of Carriden ; Robert Miln of Barntoun ; Iohn Dundass of Manner ; Baillie of Pollkennet ; the Earl of Linlithgow , Conveener . For the Sheriffdom of Perth . Iames Earl of Perth Lord High Chancellor of Scotland , Iohn Marquess of Athol Lord Privy Seal , Patrick Earl of Strathmore , Iohn Earl of Broad-Albion , David Viscount of Stormount , Andrew Lord Rollo , George Lord Kinnaird , Patrick Master of Kinnaird , Leiutenant General Drummond of Cromlix , Iames Grahame of Orcholl , Iohn Drummond of Deanstone , Iohn Hadden of Glenagies , Sir Iohn Drummond of Machinnie , Iohn Drummond of Pitkellonie , Sir Robert Murray of Abercairny , Sir Patrick Murray of Auchtertyre , Gavin Drummond of Belliclon , Sir George Drummond of Milnab , Thomas Grahame of Balgown , Thomas Hay of Balhoussie , Iohn Stewart younger of Gairntully , George Drummond of Blair , David Drummond younger of Invermay ▪ Thomas Moncrief of that Ilk , Mr. Robert Ross of Invernethy , Mr. Patrick Ker of Kilmount , Mr. Alexander Carnagie younger of Kinfauns , Sir Patrick Threepland of Fingask , Patrick Hay of Kirkland , Sir Alexander Lindsay of Evelick , Thomas Blair of Balthaick , Mr. Iohn Blair of Balmyle , Andrew Blair of Inchshiral , Sir Iohn Hay of Mury , Mr. Francis Montgomery of Inchlesly , David Kinloch of Bardoch , Iames Ramsey of Bamff , Iames Ogilvie of Clunie , William Stuart of Balid , Thomas Stuart of Stentone , Patrick Stuart of Bellechen , Sir Iames Campbel of Lawers , Sir Iohn Murray of Drumcairn , Sir Colin Cambpel of Aberuchill , Colin Camphel of Monzie , Thomas Stuart of Ladywell , Menzies younger of Weem , David Haliburioun of Pitcur , Iohn Gray of Crichie , Haliburtoun of Fothrens , Iames Blair of Ardblair , Iohn Mitchel of Byres , Iames Grahame of Garvoch , Patrick Smith of Methven , Walter Stuart of Kincarathie , Iohn Murray of Pitculan , Mr. Iames Elphingstoun of Comrie , Iohn Buchannan of Arnpryer , Alexander Stuart of Annat , Mr. David Grahame Tutor of Gorthie , Iohn Murray of Stravan , William Paton of Pannols , Iohn Williamson of Barnhill , Iohn Murray of Arthurstoun , Mr. Patrick Morray of Dollary , Charles Stewart of Rotmell , Alexander Robertson of Struan , Sir William Stirling of Ardoch , Adam Drummond of Meginch , Iohn Stuart of Fass , Kinloch of Gourdie , Patrick Murray of Keiler , Donald Robertson of Kilachangie , Iames Stuart younger of Orart , Henry Murray of Lochlan ; The Marquess of Athol Conveener . For the Sheriffdom of Kincardin . The Earl of Marischal , the Earl of Southesk , the Earl of Midletoun , the Viscount of Arbuthnet , the Lord Halcartoun , the Lord President of the Session , Sir Charles Ramsey of Balmain , Sir Alexander Falconer of Gl●…nfarquhar , Sir David Carnagie of Pittarow , the Laird of Laurenstoun , the Laird of Lyes , the Laird of Balbegno , the Laird of Halgreen , the Laird of Elsick ▪ the Laird of Pitgarvie , George Keith Sheriff Deput ▪ Mr Iames Falconer of Phesdo , Iohn Dowglas of Tilliwhillie , William Barcla●… of Balmaqueen , William Ramsey of Woodstoun , Iohn Barclay of Johnstoun ; the Earl of Marischal Conveener . For the Sheriffdom of Aberdeen . George Duke of Gordon , Iohn Earl of Errol , George Earl Marischal , William Lord Keith , Charles Earl of Mar , Iames Earl of Dumfermling , George Earl of Panmure , Iohn Earl of Kintore , William Lord Inverury , George Earl of Aberdeen , William Lord Forbes or the Master his Son , Alexander Lord Salton , or the Master of Salton , Alexander Lord Pitsligo , or the Master his Son , the Lord Frazer , Alexander Irving of Drum , Sir Alexander Seton of Pitmedden , Sir George Nicolson of Kemnay , Sir John Forbes of Craigyvar , Sir James Baird of Auchmedden , Sir George Gordon of Edinglassie , John Gordon of Rothemay , John Gordon younger of Fechill , Alexander Gordon Tutor of Pitlurg , John Gordon of Knockespack , Sir James Gordon of Lessmoir , the Laird of Udney younger , Robert Udney of Auchterellon , Sir George Skeen of Fintray , Patrick Dun of Taartie , Mr. Alexander Cuming of B●…ness , Mr. Alexander Forbes of Foverane , Samuel Forbes younger of Foverane , John Ross of Rosehill , Alexander Frazer of Streichen , Sir Henry Guthrie of Kinnedward , William Mowat of Balquholly , James Keith of Tilligonie , Sir William Keith of Ludwhairn , John Forbes of Lesly , Sir John Forbes of Monymusk elder , William Forbes of Monymusk younger , Patrick Lesly of Buchquhain , Leith of Whitehaugh , Alexander Cuming of Coulter , Elphingstoun of Glack younger , the Laird of Dyce younger , Mr. James Gray of Balgony , Alexander Skein of that Ilk , Sir Thomas Burnet of Lyes , Sir George Gordon of Geight , Sir Alexander Burnet of Craigmyle , Robert Gordon elder of Clunie , Robert Gordon younger thereof , James Urquhart of Knockleith , Menzies of Pitfodels , James Innes of Drumgask , Adam Gordon of Achainachie , Francis Ross of Achlossin , Gordon of Kochlarachie , Sir Robert Innes of Kinnermonie , John Gordon of Braichley , Mr. Thomas Gordon of Buthley , Francis Dugit of Auchinhoove , Forbes younger of Echt , David Edie of New-wark , Mr. Thomas Gordon of Crimomnagate , Gordon of Badaiscoth , William Gray of Creichie , Robert Ross younger of Achlossin , William Thoires younger of Muresk , John Gordon of Nethermoor , Thomas Forbes of Watertoun , Charles Gordon of Brelack , Adam Gordon of Glenbuckit , Gordon of Tarpersie , Mr. Alexander Irving of Lernie , John Gordon of Hallhead , Mr. Robert Irving of Cults , Forbes of Tulloch , Bisset of Lessindrum younger , James Gordon of Bodome , Frazer of Streichen , Caddel of Asswanly , John Gordon of Cairnborrow , Francis Gordon younger of Craig , Sir Charles Maitland of Pittrichie , Thomas Forbes elder of Echt , George Morison of Pitfure , Arthur Forbes of Brux , George Garioch younger of Kinstaret , James More of Stonywood , Mr. James Elphingstoun of Logidurno , Patrick L●…sly of Kincraigie , Alexander Ross of Tilliesnaught , William Forbes of Camphel , Mr. James Keith of Anquhorsk , Andrew Watson Baillie in Peterhead , William Gordon of Newtyle , Alexander Donaldson of Little Drumwhindle , Mr. Richard Irving of Kirktoun , James Gordon of Daach , Robert Burnet of Elrick , James Forbes of Savock , the Laird of Fetterneir , John Logie of Boddom , Leith of Newlands , Lesly of Little Warthell , the Laird of Craigyvar younger , Robert Simp●… son of Thornstoun , James Chalmers of Balbirthno , the Laird of Bal●…lig younger , George Paton of Grandom , Thomas Menzies of Kinmundie , Mr. George Richard of Aldnigh , Henry Forbes of Boynday , John Udney of Cultercullen , Mr. Robert Innes of Blairtoun ; The Earl of Errol Conveener . For the Shire of Innerness . The Duke of Gordon , the Earl of Morray , the Lord Doun , the Lord Lovat , the Laird of M cintosh , the Laird of M cleod , the Laird of Grant , the Laird of Glengerrie , Sir Donald M cdonald , the Laird of Kilravock , the Laird of Clava , Hugh Frazer of Belladrum , Alexander Frazer of Kinnaries , John Grant of Corrimoney , Donald M cintosh of Kellochy , William Frazer of Daltulich , Donald M cqueen of Corribroch , James Frazer of Rilik , Alexander M cintosh of Farr , Angus M cintosh of Kellochie younger , John M cintosh of Dalmegotter , Farquhar M cilvray of Dunmackglass ▪ M cdonald of Benbonula , M cdonald of Castletoun ; The Lord Lovat Conveener . For the Sheriffdom of Nairn . The Laird of Calder , or in his absence his eldest Son , the Laird of Kilravock , or in his absence his eldest Son , Alexander Rose of Clava , Duncan Forbes of Cullodin , Alexander Brodie of Leathine James Dunbar of Boath , David Sutherland of Kinsterie ; The Laird of Calder Conveener . For the Sheriffdom of Cromarty . George Viscount of Tarbat , John Master of Tarbat , the Chamberlain of Cromarty for the time , Sir George M ckenzie of Rosehaugh His Majesties Advocat , his Chamberlain for the time , Alexander Urquhart of Newhall , and John Urquhart Fiar thereof his Son , George Dallas of St. Martins , and Mr. James Dallas younger thereof his Son , William Urquhart of Braelangwell , Alexander Clunes of Dunskeith , Andrew Frazer of Bannance ; The Viscount of Tarbet Conveener . For the Sheriffdom of Argyle . The Earl of Perth Lord High Chancellor , Iohn Marquess of Athol , the Earl of Broad Albion , Campbel of Lochneil , the Laird of Mclean , Lachlan M clean of Brolos , Lachlan M clean of Torlus●… , M clean of Argour , M clean of Lochbuy , M calaster of Tarbet , M cdonald of Largie , the Laird of Lamont , the Laird of M cnaughtain , the Laird of Calder elder and younger , John M cnaughtain Sheriff Deput of Argyle Shire , Stuart of Apin , or his Tutor , Archibald Lamount of Silvercraig , John Campbel of Carrick , John Campbel of Duneen , John Campbel of Glendarnel , Archibald M clachlan of Craiginterrie , Archibald Campbel of Invera , Donald Campbel of Graignish , Alexander Campbel of Dunstafnish ; The Laird of Brolos Conveener . For the Sheriffdom of Fife . Colin Earl of Belcarras , Iohn Lord Lindores , David Lord New-wark , the Lord Dunkell , Sir David Balfour of Forret , Sir Thomas Stuart of Balcaskie , Sir Andrew Ramsay of Abbotshall , Sir Charles Halket of Pitfirrin , Sir William Bruce of Kinross , Sir Henry Wardlaw of Pittrevie , George Durie of Pitluskar , Alexander Spittel of Leuchat , Robert Moutray of Roscobie , Sir Alexander Bruce of Broomhall , Mr. James Robertson of Newbigging , Mr. James Alexander of Kinglassie , John Skeen of Halyards younger , Mr. Alexander Malcolm of Lochor , David Beatoun of Balfour , James Beason of Curden , Sir John Malcolm of Innertick , Robert Bailie of Balmeddieside , George Moncreif of Reidie , James Prestoun of Dumbrea , Sir John Aitoun of that Ilk , Michael Malcolm of Neth-hill , James Carmichael of Bamblea , the Master of Burley , James Crawford of Monquhey , Scot of Pitlochy , John Skeen of Halyards , Sir Thomas Hope of Craighall , John Balfour of Ferm , Sir Philip Anstruther of Ilk , Arthur Forbes of Rires , Lindsey of Wormounstoun elder , Robert Smith of Giblistoun , Sir Alexander Areskin of Cambo , David Scot of Scots-Tarbet , John Cuninghame of Barns , Hamilton of Kilbrakmont , Andrew Bruce of Earlshaugh , Sir William Sharp of Scotscraig , Robert Trotter of Lawhill , Didinstoun of Samfoord , William Anstruther Fiar of that Ilk , Mr. James Balfour of Randerstoun , Alexander Monipenny of Pitmills , Forbes younger of Rires , David Balcanquell of that Ilk , David Balfour of Grange , Sir Michael Balfour of Denmiln , Stuart of Rosyth , Sir David Arnot of that Ilk , James Ar●…ot of Woodmiln , Mr. Archibald Hope of Rankilor ; The Earl of Belcarras Conveener . For the Shire of Kinross . Iohn Lord Burghlie , Sir David Arnot of that Ilk , Robert Dowglas of Kirkness , Sir John Malcolm of Innerteil , John Halyday of Tilliboll , Mr. Alexander Crawford of Claslochie , James Banken of Colden , George Berill Portioner of Kinneswood , Patrick Robertson of Smiddiehill , the Baillie of Kinross for the time , Sir William Bruce of Kinross Sheriff Principal , or his Deputs Conveener . For the Sheriffdom of Forfar . The Earl of Strathmore , and Lord Glames , the Earl of Southesk , and Lord Carnagie , the Earl of Airly , and Lord Ogilvy , the Earl of Panmure , the Earl of Northesk , the Earl of Midleton , the Viscount of Arbuthnet , the Lord Lindores , Sir David Falconer President of the Session , Sir George M●…kenzie of Rosehaugh , His Majesties Advocat , Sir Patrick Lyon of Carss , Mr. James Maule of Balumby , Mr. Henry Maule of Kelly , Mr. James Carnagie of Phinheaven , David Lindsay of Edzell , James Carnagy of Balnamoon , David Haliburtoun of Pitcur , Collonel John Grahame of Claverhouse , James Scot of Logie , David Fotheringhame of Powrie , Sir John Wood of Bonytoun , William Durhame , sometime of Ardown , now of Grange , James Crichtoun of Ruthven , Gilbert Auchinleck of that Ilk , John Guthrie of that Ilk , Alexander Carnagie Sheriff Deput of Forfar , John Ouchterlauny of Guynd , Mr. John Wishart of Balgavie , one of the Commissars of Edinburgh , Robert Young of Auldbar , John Ogilvie of Pitmeves , David Grahame of Fintrie , Gray of Crichie ; The Earl of Southesk Conveener . For the Sheriffdom of Bamff . The Duke of Gordon , the Earl of Airly , the Earl of Finlater , the Lord Oliphant , the Lord Bamff , Sir Patrick Ogilvie of ●…oyn , Sir James Baird of Ach●…eddine , Sir George Gordon of Edinglassie , the Laird of Troup , George Keith of Northfield , Sir Henry Guthrie of Kinnedward , Grant of Denlugus , Walter Stuart of Bog , James Ogilvie of Poldavie , Thomas Ogilvie in Bogtoun , Alexander Hay of A●…bath , Mr. John and Alexander Abercrombies elder and younger of Glassach , George Gordon of 〈◊〉 , Patrick Gordon of Claistirum , Alexander Gordon of Glengerrack , John Ogilvie of Kimpcairn , Ogilvie younger of Kimpcairn , Innes of Edinkeith , of Kilmach , Anderson younger of Westertoun , John Grant of Balindalloch , the Laird of Park ▪ Gordon , Provost Stuart , Baillie Fi●…e , Baillie John Gordon , the Laird of Grant , Patrick Grant of Elchies , Alexander Duff of Kethmore , John Gordon younger of Edinglassie , Alexander Duff of Braco , James Gordon of Camdell , Patr●…ck Stuart of Tanachie , Hay of Raneies , John Gordon of Baldornie , Francis Gordon of Achintoul , Ogilvie of Cantly , John Gordon of Auchynachie , John Gordon of Rothemay , John Gordon of Dallouchy ; The Duke of Gordon Conveener . For the Sheriffdom of Kircudbright . The Viscount of Kenmore Sir David Dunbar of Baldoon , Sir Robert Grierson of Lagg , Sir Robert Lowrie of Maxweltoun , Sir Godfrey 〈◊〉 of Myrtoun , Sir Robert Maxwel of Orchartoun , Rodger Gordon of Torquhen , Grierson of Bargatton , Muir of Carsincarrie , M●…guffock of Rusco , Thomas Lidderdale of Isle , Richard Murray of Brochtoun , Andrew Herron of Kerucht●…e , David Dunbar of Machnemore , Maxwel of Newlaw , Hugh Wallace of Inglistoun , John M cgie of Balmagie , William Stuart of Levinstoun , Gordons elder and younger of Shirmeirs ; The Laird of Lag Conveener . For the Sheriffdom of Sutherland . John Lord Strathnaver , the Lord Rea , James Lord Duffus , the Laird of Balnagown , Sir Robert Gordon younger of Gordinstoun , Sir George Monro of Culrain , Sir John Gordon of Doll , Sir Robert Gordon of Embo , Robert Gordon of Rogart , Rodorick M cleod of Cambuscurrie , Adam Gordon of Dalpholly , the Laird of Bighouse , Aeneas M cleod of Leadmore , Robert Gordon of Carrel , Robert Gray of Sk●…bo , Patrick Dumbar of Sudderay , Mr. Alexander Gordon of Rovie , John Dumbar of Torrobel , Hugh Monro of Eriboll , John Monro of Inveran , John Gray of Arboll , Mr. John Gordon younger of Carrel , Sheriff Deput , M●…key of Skeray , William M ●key of Borrey , Hugh M ckey younger thereof ; The Lord Strathnaver Conveener . For the Sheriffdom of Caithness . The Earl of Broad-Albion , John Lord Glenurchy , Sir James Sinclair of May , Sir George Sinclair of Clyth , John Sinclair of Murkle , William Sinclair of Dumbeath , Sinclair of Brimes , David Murray of Clerden , Mr. James Innes of Sandside , Mr. Alexander Calder of A●…gingail , Robert Campbel of Breanegle●…s , John Sinclair of Freswick , Laurence Calder of Lyneger , George Sutherland of Fo●…s , John Sinclair of Ulbster , Robert Sinclair of Durren , Robert Campbel of 〈◊〉 , the Sheriff Deput of Caithness for the time , Alexander Smart of Wester , the Baillies of Thursso for the time , the Earl of Broad-Albion●… Chamberlain in Caithness for the time , William Dumbar of Hemprigs , John Sinclar of Stircog , James Sutherland of Ausada●…l , Mr. Robert Dumbar of Orkingail , Alexander Sinclar younger of D●…nbaith , Patrick Sinclar of Southd●…n , Sinclar as Brabster , Sinclar of Hemster , James Sinclar of Lybster , James Sinclar of Hoy ; The Earl of Broad-Albion , or the Sheriff Deput of Caithness for the time Conveener . For the Sheriffdom of Murray . The Duke of Gordon , the Earl of Murray , the Earl of Dumfermling , the Lord Duffus , the Lairds of Innes , the Laird of Coxtoun , the Laird of Cubin elder , the Laird of Muirtoun , the Laird of Gordinstoun younger , the Laird of Brodie , Sir Robert Dumbar of Grangehil , the Laird of Grant , the Laird of Easterelchis , the Laird of Dunfail elder , the Laird of Grange , Charles Mckenzie of Earnside , Thomas Tulloch of Tanochie , David Steuart of Newton , Alexander Dowglas of Spyny , the Laird of Bellandolloch , John Innes of Quadrain , Walter Innes of Black-hills , Alexander Innes of Dunkintie , John Cuming of Logie , John Dumbar of Boges , William Brody of Coutfi●…ld , the Lord Doun Conveener . For the Sheriffdom of Orkney and Zetland . The Stewart for the time and his Deputs , Archibald Steuart of Burrow , William Dowglas of Egleshay , William Craigy of Cairsay , Iames Grahame of Grams-hall , William Ballenden of Stenhouse , Henry Grahame of Breckness , Robert Steuart of New-wark , George Balfour of Pharay , Steuart of Burgh , Iames Steuart of Grahamsay younger , William Mudy of Melsetter , David Craigy of Oversandy , the Commissar of Orkney for the time , Iames Baikie of Tankerness , Iohn Buchannan of Sandyside , George Grahame of Grahametoun , George Trayl of Holland , Andrew Bruce Tutor of Munis , Laurence Stuart of Bigtoun , Laurence Sinclar of Quandel , George Seen of Essilmonth , Arthur Sinclar of House , Robert Hunter of Luna , Patrick Umphra of Sand ; the Stewart-Principal , or his Deput , Conveener . For the Sheriffdom of Clackmannan . The Earl of Mar , George Viscount of Tarbat , the Laird of Ava , Iohn Ki●…ie of Gogour , Robert Miln of Tiliallan , George Abercrombie of Bruce of Kenet , The Laird of Tillicoutry , the Laird of Tillibody , Mr. Francis Mastertoun of Parkmiln , George Stirling , the Baillie of Alloway for the time , the Laird of Ava Conveener . For the Sheriffdom of Ross. The Earl of Seaforth , the Viscount of Tarbat , the Master of Tarbat Sir George Monro of Culrain , Sir George M ckenzie of Rosehauch , the Laird of Belnagoun , the Laird of Foulis younger , Sir Alexander Mckenzie of Cull , Murdoch M ckenzie of Fai●…burn , Mr. Rodorick Mckenzie of Kinchulidrum , Sir Rory M ●kenzie of Findon , Alexander M ckenzie of Kilcovy ; Kenneth Mckenzie of Suddy ; Sir Donald Bain of Tulloch , Alexander Mckenzie of Belmaduffie ; ●…odorik M cleod of Cambiscutrie ; Alexander M ckenzie of Bellon ; Iohn Munro of Fyres , Lachlan M cintosh of Kinrara ; Alexander M ckenzie of 〈◊〉 ▪ Mr. Iohn Bain of Delnies ; Colin M ckenzie younger of Kincraigie ; Hugh Munro of New●…ore ; Kenneth Mckenzie of Scatwall ; William Ross of Invercharron ; Alexander M ckenzie of Aplecorss , William Ross of Kindies , Mr. George Paterson of Seafield , George Ross of Moringy , Rory M ckenzie younger of Redcastle , Donald M ckenzie of Meddat , Alexander M ckenzie of Ardloch , Mr. Iames M cculoch of Baliquith , Alexander Ross of Little tar●…el , Matthew Robertson of Dochcarty , Alexander Sutherland of Inchfuir , Murdoch M ckenzie of Ardross , Kenneth Mckenzie of Dochmaloag , Robert Barbar of Mulderg , Alexander Ross of Easterf●…rn , ●…ugh Monro of Teaninik ▪ David Fer●…e of Tarlogie , Iames Ross of Mount-eye ; the Earl of Seaforth Conveener , or in his absence the Ma●…er of Tarbat . AND Ordains the first Meeting of the saids Commissioners , for the several Shires , to be at the Head-burghs thereof , upon the day of next , and appoints the major part of the saids Commissioners , named for the respective Shires , to be a Quorum at their first meeting , who are to appoint the next Dyet of meeting , and the Major part of such as shall meet at the second Dyet , or upon advertisement from the Conveener , at any other Dyet , to be a Quorum : With power to the saids Conveeners , for the saids Shires respectiv●… , to call the Commissioners foresaids , at such Dyets thereafter as they shall think necessary , for the effectual execution of this Act ; And Remits to His Majesties Privy Council , to nominat such other persons to be Commissioners upon the death of any of the fore-named persons . And for the Bu●…ghs , His Majesty with Advice foresaid , Nominats and Appoints the Magistrats of the same , for the time being , with power to them to choice Stent-masters within their respective bounds ; which Commissioners of Shires and Bu●…ghs , are hereby Ordained to Accept , and Discharge their Trust , as they shall be answerable ; and that at their Acceptation thereof , to take their Oaths of Alleadgeance , Supremacy , Declaration and Test , and Oath de sideli administratione . And His Majesty , with Advice foresaid , Doth hereby Impower the said●… Commissioners to prescrive and set down such Rules and Orders within the respective Shires and Burghs , as may be most effectual for the speedy and easie Raising , Levying , and bringing in of the said Supply ; and Ordaining , and doing every other thing that may concern the same : And particularly , With power to them to choice their own Collectors , for In-gathering of the said Supply , for whom they are to be answerable , and other Officers ( except the Clerks who are to be named by the Clerk of Register ; ) And Ordains that no Clerk shall Officiat in the said Office , either in Shire or Burgh , without a new Deputation from the said Clerk of Register : And that the saids Commissioners shall at the first meeting , choice their Collectors , for In-gathering of the said Supply . And the saids Commissioners are hereby Ordained to receive the saids Collectors and Clerks accordingly , and to allow them such Fees to be payed by the Shires and Burghs , as they shall think fit ; And which Fees are hereby Declared to be over and above the foresaid Supply , and no part of the same : And which Collectors and Clerks are to take the Oaths appointed by Law. AND the Kings Majesty , with Advice and Consent of His Estates , Ordains all Execution , real and personal , to pass at the Instance of the Collector General , and the Collectors of the respective Shires and Burghs , against all persons deficient in payment of their proportions as formerly . And also , Impowers the Commissioners by their Officers , to Arrest , Poynd and Distrenzie the Goods ; and Imprison the persons of the Deficients , ay and while they make payment of their just proportions , and necessary expences . And for the more ready and effectual payment , Doth also Impower the Commissioners , and Collector-General , to Quarter upon Deficients , with this express Proviso , That every Horse-man that shall be upon the place , shall have only free single Quarter alloted to him upon the persons Deficient , or by quartering in Burghs and Villages , as the Commissioners shall appoint to be satisfied , and payed , by the Deficients , and not by these on whom they are quartered , except where they themselves are Deficient , and in that case to have fifteen shilling Scots a-day , from the time of presenting the Order to the Collector upon whom they are to quarter , until he give them a List of the Deficients , and the sums wherein they are Deficient , and thereafter to quarter upon the Deficients ; and each Dragooner , to have ten shilling Scots a-day , and each Foot-man to have four shilling Scots , or his Dyet , as the Commissioners shall Order ; And the Commanders of the Party of Horse , Dragooners , or Foot , to have only Double-quarter , or pay of an Horse-man , Dragooner , or Foot-man , as he serves . And Declares , That in Order to the Quarters , and matters relating to the ▪ Inbringing of this Supply , any three of the Commissioners shall be a Quorum , and who are Impowered to proportion upon , and raise from the Deficients , the Expence and Charge of their Deficiency , and to see payment made to these on whom the Souldiers are Quartered , who were not Deficient . And further , His Majesty , for satisfaction of His good Subjects , is graciously pleased to Declare , That all Officers and Souldiers , Horse , Dragooners and Foot , shall make due and punctual payment of their Quarters , local , and transient , as the same shall be appointed by the foresaids Commissioners , according to the Rates of the Countrey ; and in case the Souldiers do not pay their Quarters , that the Quarters be stated betwixt the Quarter-masters , or other Officers , and any two of the Commissioners ; And the Accompts being stated and sitted , 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 , Liferenters , and Others having Right to Liferents , I●…re Mariti , Wodsetters , Tacksmen , having Tacks for longer time than for Eighteen Years : All Masters of Ships , and such other Burgesses , and Inhabitants of Burgh●… , whether of Royalty , Regality , or Barrony , as are not Heretors , and who shall be Appointed by the Privy Council , shall take the Test Prescrived by the sixth Act of the Parliament 1681. Before the First Day of November , for all such as Live be-south the River of Tay ; and before the first day of Ianuary next , for all be-north Tay. And for that end , that all Noblemen , and their Eldest Sons above the Age of Eighteen Years , shall Compear before His Majesties Privy Council : All Masters of Ships , and Burgesses aforesaid , shall Compear before the Provost or Bailliffs of the Burgh to which they belong , and all others foresaid , before the Sheriff of the Shire where they live , at some time before the said Days ; And there shall Swear and Subscrive the said Test before the Judge and Clerk of the Court , with Certification , that such as fail in Swearing and Subscribing the Test as said is , shall be Punished in such Pecunial Sums as the Secret Council shall Determine ; To be Disposed of by His Majestie , at His Royal Pleasure . It is alwayes Declared , that this Act Extends not to Women . And all Clerks are hereby Ordained , to send in Lists of such as have taken the Test , within their Respective Jurisdictions , to the Clerks of His Majesties Privy Council , before the First Day of February next to come , under the pain of losing their Office , and to be Punished otherwayes as the Privy Council shall Determine : But such as have already Sworn and Subscribed , shall not be Obliged to Renew it on this Occasion . And further , His Majesty with consent foresaid , Doth Ratifie and Approve what is already done , in offering the Test by His Majesties Privy Council , Justice Court , or any Commissionate from any of them , or by Sheriffs , and other Magistrats , Declaring the same to have been good Service to the King and Countrey . XIV . ACT Explaining the Ninth Act of the Parliament 1669 , Concerning Prescriptions . May 13. 1685. OUR SOVERAIGN LORD , Considering , That at making of the Ninth Act of the 1. Session of the 2. Parliament of King Charles the 2. Concerning Prescriptions , in that part of it relating to Actions proceeding upon Warnings , Spulzies , Ejections , Arreistments , or for Ministers Stipends , and others foresaid ; the Cases that existed before that Act were not taken into Consideration : Therefore , His Majesty with Consent of His Estates of Parliament , Statutes and Ordains , That all such Actions proceeding upon any Diligence mentioned in that Act , already intended either before the said Act 1669. or since , shall prescribe within five Years after the Date of this Act , if they be not Wakened within that time : And all Actions to be raised hereafter upon the foresaids grounds shall prescribe in five Years , if they be not Wakened within that time . And His Majestie Wills and Declares , the foresaid 9th Act to stand in full force as to the rest of the tenor thereof . XV. ACT Explaining the Tenth Act of the Parliament 1669 , Anent Interruptions . May 13. 1685. OUR SOVERAIGN LORD , Considering , that the Clause concerning Citations used for Interruption , mentioned in the 10. Act of the 1. Session of the 2. Parliament of King Charles the 2. Hath left the Case of such Citations before the said Act undetermined . His Majesty therefore , with Consent of His Estates of Parliament , Statutes and Ordains , that all Citations used for Interruptions preceeding that Act , shall prescribe within seven Years after the Date of this Act , if they be not Renewed within that time . And further Statutes and Ordains , that in Citations for Interruption as to Rights of Lands and Wakenings thereof , Copies of the Citation shall be affixed on the most patent Door of the Paroch Church , and that over and beside what is required by the said Act anent these Executions . XVI . ACT Anent Iustices of Peace . May 13. 1685. OUR SOVERAIGN LORD , Considering the many Advantages which His Leiges might have had , if the Justices of Peace had exerced their Function , with that diligence which the Law required , and the many Evils , especially in Ecclesiastick Disorders and Irregularities , which might have been prevented by their care . For Remeid whereof in time to come , His Majesty , with the Consent of His Estates in Parliament , Doth hereby Ratifie , Approve , and Confirm the 8. Act of the Parliament 1617 , Intituled , Act anent the Iustices for keeping of the Kings Peace and Constables . The 25. Act of the Parliament 1633. And the 38 Act of the Parliament 166●… , Intituled , Commissions and Instructions to the Iustices of Peace and Constables , in the whole Heads , Articles and Clauses contained in them . And further , His Majesty Gives full Power , Authority and Commission to the saids Justices , to put the Laws in Execution against all who shall be Guilty of Conventicles , Irregular Baptisms and Marriages , withdrawing from Church Ordinances , and other such Disorders , in so far as they are not Capital , Conform to the Laws made thereanent ; And where the Crime is Capital , they are to secure the persons , and acquaint the Sheriff , or other Judge ordinary thereof : And it is Declared , That in their proceedings against Church Irregularities , Baptisms , Marriages and Conventicles ▪ The Justices may proceed immediately without waiting any time after the Crimes are committed , and their Clerk is appointed to send Information of their proceedings once in the Quarter , to the Clerks of the Council , as they will be answerable . And for their further Encouragement , His Majesty allows unto the saids Justices of Peace , the Fynes of all , except Heritors , which shall arise from these Delinquencies judged by them , to be employed for Explicating of their Jurisdiction as they shall think fit , and for Discovering of what the Fynes of Heritors shall amount to . The Clerks of these Courts are hereby appointed to send a subscribed List of them to the Clerks of Exchequer , in the first week of November yearly , under 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 ●…et 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-an●…nt , Find and Declare , that the same shall have the Force , Strength and Power of an Act of Parliament . 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 consequutively , 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 Iustice. 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 Soveraign 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 Iune , 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 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. Iames 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. Iames the fifth , and 210 Act of the 14 Parliament of K. Iames 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 Iuly yearly , according to the 108. Act , Parliament 7. K. Iames 1. excepting Water-fowl with Hawks in Dredging-time . Item , The 23 Act , Parl. 16. K. Iames 6. Forbidding the killing of Muir-fowl-pouts before the first of Iuly , 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. Iames 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 sailzie . 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. Iames 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. Iames 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 Iune 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 , Hates , 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 outwith the samine , 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. Iames 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. Iames 3. And by the 87 Act , Parl. 14. K. Iames 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. Iames 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. Iames 6. And by the 13 Act , Parl. 18. K. Iames 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 Infestment of Salmond-fishing , betwixt and the first day of Iuly 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 Mackenzie 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 Shir●… ; 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 an●… low , comprehending Cromarty Shire ; Sir George Mackenzie 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 o●… 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-specified . 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 , no●… 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 , 1682 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 Pined 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 Possession , shall be obliged within Fourty Eight Hours after the said Dog or Hawk shall be so taken by him , to send and Book the same in the Sheriff-Clerk his Books , ( where the Waith-Goods are booked , ) the Dog by the Kind , Collar , and Marks , and the Hawk by the Kind , and Vervels , if it have any , for which there shall be payed to the Sheriff-Clerk Six Shillings Eight Pennies Scots , which the Owner of the Hawk or Dog shall be obliged to repay , together with Two Shillings Scots for each Mile that the Bearer shall be sent to the Sheriff-Clerk , or Booking of the said Dog or Hawk ; And in case the Dog or Hawk shall not be Claimed by Letter , or otherways , by the just Owner , within Six Moneths after it shall be so booked in the Sheriff-Clerk of the Shire , where the Dog or Hawk shall be taken , his Books ; Then and in that case , the Dog or Hawk shall belong and appertain in Property to the Possessor , and the Owners shall not be heard thereafter to Claim the same ; And if the Taker and Keeper of any Hawk or Dog , shall failzie to cause Book the same in manner above-specified , he shall pay the Sum of Fourty Pounds Scots of Penalty to the Owners , if they shall pursue the same before any Judge competent . XXII . ACT Concerning Tailzies . May 27. 1685. OUR SOVERAIGN LORD , With Advice and Consent of His Estates of Parliament , Statutes and Declares , That it shall be lawful to His Majesties Subjects to Tailzie their Lands and Estates , and to Substitute Heirs in their Tailzies , with such Provisions and Conditions as they shall think fit , and to Affect the saids Tailzies with Irritant and Resolutive Clauses , whereby it shall not be lawful to the Heirs of Tailzie , to Sell , Annailzie , or Dispone the saids Lands , or any part thereof , or Contract Debt , or do any other Deed whereby the samine may be Apprised , Adjudged , or Evicted from the others Substitute in the Tailzie , or the Succession frustrate or interrupted , Declaring all such Deeds to be in themselves null and void ; and that the next Heir of Tailzie may immediatly upon Contravention , Pursue Declarators thereof , and Serve himself Heir to him who died last Infeft in the Fee , and did not Contraveen , without necessity any ways to represent the Contraveener ; It is always Declared , that such Tailzies shall only be allowed in which the foresaid Irritant and Resolutive Clausesare insert in the Procuratories of Resignation , Charters , Precepts , and Instruments of Seasing : And the original Tailzie once produced before the Lords of Session Judicially , who are hereby Ordained to Interpose their Authority thereto , And that a Record be made in a particular Register-Book , to be kept for that effect , wherein shall be Recorded the Names of the Maker of the Tailzie , & of the Heirs of Tailzie , and the general Designations of the Lordships and Barronies , and the Provisions and Conditions contained in the Tailzie , with the foresaid Irritant and Resolutive Clauses subjoyned thereto , to Remain in the said Register ad Perpetuam rei Memoriam , And for which Record , there shall be payed to the Clerk of Register and his Deputs , the same Dews as is payed for the Registration of Seasings , and which Provisions and Irritant Clauses shall be Repeated in all the subsequent Conveyances of the said Tailzied Estate to any of the Heirs of Tailzie ; And being so Insert , His Majesty , with Advice and Consent foresaid , Declares the samine to be real and effectual , not only against the Contraveeners and their Heirs , but also against their Creditors , Comprysers , Adjudgers , and other Singular Successors whatsoever , whether by Legal or Conventional Titles . It is always hereby Declared , that if the saids Provisions and Irritant Clauses shall not be Repeated in the Rights and Conveyances , whereby any of the Heirs of Tailzie shall brook or enjoy the Tailzied Estate , the said Ommission shall Import a Contravention of the Irritant and Resolutive Clauses against the Person and his Heirs who shall omit to insert the same , whereby the said Estate shall ipso facto fall , accresce , and be devolved to the next Heir of Tailzie , but shall not militat against Creditors , and other Singular Successors who shall happen to have Contracted bona fide with the Person who stood Infeft in the said Estate , without the saids Irritant and Resolutive Clauses in the body of his Right . And it is further Declared , That nothing in this Act shall Prejudge His Majesty , as to Confiscations or other Fines , as the Punishment of Crimes , or His Majesty or any other lawful Superiour of the Casualities of Superiority which may arise to them out of the Tailzied Estate , but which Fines and Casualities shall Import no Contravention of the Irritant Clause . XXIII . ACT Ratifying the opinion of the Lords of Session , anent these who refuse to Depone anent the late Treasonable Proclamation , 1684. June 2. 1685. OUR SOVERAIGN LORD , with Advice and Consent of the Estates of Parliament , Ratifie , Approve and Confirm an Opinion given by the Lords of Council and Session , upon the day of November 1684. Whereby they find , that if any of His Majesties Subjects , being questioned by His Majesties Judges , or Commissioners , if they owne a late Traiterous Proclamation , in so far as it Declares a War against His Sacred Majesty , and asserts , That it is lawful to Kill all such as Serve His Majesty , or who shall not dissown the same ; are thereby guilty of High Treason , and are Art and Part of the said Treasonable Declaration : And also Ratifies , Approves and Confirms all Processes of Treason , Led , or to be Led thereupon in time coming . XXIV . ACT Ordaining that Tennents be obliged by their Tacks to live Regularly ▪ June 2. 1685. OUR SOVERAIGN LORD , with Advice and Consent of the Estates Conveened in Parliament , Do Statute and Ordain , That all Masters , whether Heretors , Liferenters , proper Wodsetters , Tutors , Tacks-men , Donators of Wards , or Liferents , shall in all time-coming , insert in all Tacks to be set by them to their Tennents , as well in Burgh as Landward , an express Clause , whereby the Tennent shall oblige himself , That he , his Family , Cottars and Servants , shall live Peaceably and Regularly , free of all Fanatical Disorders , under the pain of the Tennent , Cottar , or Servant Contraveening , their losing the half of their Moveables respective , each for their own fault ; And where there is no written Tacks , that all the Tennents shall enact themselves in the Masters Court Book , or in the Town Court Books within Burgh , or give Bond , to that effect , and in the Tenor foresaid . Which Enrolment of Court is to be subscribed by the Tennent , or if he cannot write , by the Clerk of the Court in his name ; and if the Master , or any of the persons foresaid shall fail herein , they shall pay an years Rent of the Lands , set otherwise ; a third part whereof to the Discoverer , if he prove the same , and two parts to the Kings Majesty : And all Masters and others foresaids , who have Lands already set in Tack , without the saids Clauses , are hereby Ordained to renew the same , and insert the said Clauses in them , betwixt and Whitsonday one thoùsand six hundred eighty and six , or to take an obligement apart from the Tennent , bearing 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 Iames the sixth , Entituled , Act Anent the Duty of Sheriffs and Iudges ordinary , their Deputs and Clerks : As also , the 144 Act of that same Parliament , Entituled , Act for 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 Iuly 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 Iames the 6. And 7 Act , Parliament 1 King Iames 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 del●…y , 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 , 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 Diligence ; 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 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 Umqu●…ile Royal Brother , of ever blessed Memory ▪ And His Majesty being resolved , and desirous to prosecute so good a Work , for the universal good of His Subjects , and especially for the encouragement of the Ministers of the Gospel . THEREFORE , His Majesty , with Advice and Consent of His Estates of Parliament , Gives full Power and Commission to His Majesties Officers of Estate for the time being , and to the Arch-Bishop of St. Andrews , the Arch-Bishop of Glasgow , the Bishop of Edinburgh , the Bishop of Dunkell , the Bishop of Galloway , the Bishop of Isles , the Bishop of Breichen , the Bishop of Dumblane , the Bishop of Aberdeen ; the Duke of Hamiltoun , the Marquess of Dowglas ▪ the Earl of ●…ol , the Earl of Marischal , the Earl of Mar , the Earl of Strathmore , the Earl of Linlithgow , the Earl of Southesk , the Earl of Tweddale , the Earl of Belcarras ; the Lord President of the Session ▪ the Lord Pitm●…dden , the Lord Forr●… , the Lord R●…dfoord , the Lord Boyne , the Lord D●…irn , the Lord Balcaskie , Sir William Bruce of Kinross , Sir George Lockhart of Carnwath , Sir Archibald Cockburn younger of Lantoun , Hugh Wallace of Inglistoun ; Sir George Drummond of Miln-nab ▪ Charles Murray of Hadden , Alexander Mill of Carri●… , Sir Alexander Bruce of Broomhall , Sir Patrick Murray , Iames Iohnstoun Provost of Glasgow , Mr. Robers Innes Writer to the Signet , Sir George Skeen Provost of 〈◊〉 ▪ Iames Fl●…her Burgess of Aberdeen , Iohn Dempster of 〈◊〉 ▪ or any Eleven of them , to be a Quorum ▪ whereof Two of every Estate , to M●…et and Conveen at Edinburgh , the day of year●… , and such other Place or Places , Times or Die●…s , as they shall appoint , to value and cause be valued whatsoever Teinds , great or small , Parsonage , or Vicarage within this Kingdom , which are yet unvalued ▪ Declaring , that where the Vicarage of any Paroch is a several Benefice and Title from the Personage ▪ the same shall be severally valued , to the effect the Titulars or Ministers serving the ●…re , having right to the said Vicarage , be not frustrated of the true worth thereof , with Power to the saids Commissioners ▪ or Quorum foresaid , to appoint Committees , or Sub ▪ Committees of their own number , and to grant Sub Commissions , and to receive Reports from them , an●… to approve or disapprove the same as they shall find just , and to Rectifie whatsoever Valuations led , or to be led to the enorm prejudice of the Titulars , or the hurt and detriment of the Church , and prejudice of the Ministers Maintainance and Provisions . Providing always , Likeas it is hereby expresly Provided and Declared , That where Valuations are lawfully led against all Persons having Interest , and allowed by former Commissions , the same shall not be drawn in Question , nor Rectified upon pretence of enorm lesion at the instance of the Minister ( not being Titular , ) or at the instance of His Majesties Advocat , in respect of His Majesties Annuity , except it can be proven that Collusion was used betwixt the Titulars and Heretors , or betwixt the Procurator-Fiscal and the Heretors and Titulars , which Collusion is declared to be , when the Valuations are led with the diminution of the third part of the just Rent , which diminution shall be proven by the Parties Oath ; and with Power to the saids Commissioners or Quorum foresaid , where Ministers are not already sufficiently Provided , or have not Localities already assigned to them for their Stipends out of the Teinds , within the Paroch , where they serve the Cure , in so far as the same will amount to , according to the Quantities , Proportions , and Rules contained in the 19 Act of the Parliament 1633 , to Modifie , Settle , and Appoint constant Local Stipends to each Minister , out of the Teinds of the Paroch where they serve the Cure ; With Power also to the saids Commissioners , to grant recompence by prorogation of Tacks to Parties for all Augmentations of Stipends which are granted since the Year 1630 , or shall be granted , and that effeiring to the Augmentations already granted , or to be granted , as the saids Commissioners shall think sit . And sicklike , To disjoyn too large and spacious Paroches , to cause erect and build new Churches , to annex and dismember Churches as they shall think convenient , and to take order that every Heretor and Liferenter shall have the leading and buying of their own Teinds , if they be willing , according to the Rules prescribed by the 19 Act and Commission granted by His Majesty , with Consent of His Estates of Parliament in anno 1633 , and the Acts of Parliament therein-mentioned , with Power to Determine all Questions concerning the prices of Teinds betwixt Titulars and others having Right thereto , and the Heretors , and to appoint such Securities in favours of Titulars and others having Right to Teinds for their prices , to be granted to the Heretors and others lyable in payment of valued Duties , or Buyers of the saids Teinds , and in favours of the Ministers as to their Maintainance , as the saids Commissioners shall think fitting , according to the Rules set down in the said Act 1633 ; And each Heretor whose Teinds belongs to Titulars of Erection , to have power and liberty to buy the Teinds of his own Lands , whether valued or not , within the space of three years after the date of this Act : With this Declaration always , that in case the impediment during the time foresaid flow from the Titular by reason of his Minority , or other inability , in that case , the Heretor who offered to buy his own Teinds within the space foresaid , shall have place so soon as the impediment is removed to buy his Teinds , notwithstanding of the expiring of the years and space after-exprest ; And it is Declared , That if the Heretor be Minor , and his Tutor neglect the buying of his Teinds within the foresaid space , the Minor shall have Action for two years after his Minority , to compell the Titular to sell his saids Teinds . And generally , with Power to the saids Commissioners to Decide , and Determine in all other points which may concern the Drawing or Leading of Teinds , the Selling or Buying of the same , or payment of the Rates thereof , contained in the former Acts of Parliament , or set down in the general Determination given out by His Majesties Royal Father , of blessed Memory . And if any Person or Persons shall find themselves grieved , and complain of the injustice or exorbitancy of any Decreets or Sentences given in any of the Commissions during the time of the late Troubles , With Power to the saids Commissioners to take the same to their Consideration , and Alter , Annul , or Allow the saids Decreets and Sentences , as they shall find just . And it is always Provided and Declared , That the Arch-Bishops and Bishops , and other Beneficed Persons , being Ministers , and their Successors , shall not be prejudged of the Rents whereof their Predecessors were in actual and real Possession , and which by the Laws of the Kingdom were due to them in anno 1637 , or whereof they are presently in Possession ; And that they shall be no further bound , but according to the Provisions and Conditions exprest in the Submissions made by the Bishops to His Majesties Royal Father , of blessed Memory , of the Date the day of 1628 years , and Registrat in the Books of Commission for Surrenders and Teinds , upon the Fifteenth day of Iuly 1631. And whereas it may fall out , that some of the saids Commissioners may be unable to attend the Service , through Death , Sickness , or other known Impediment , THEREFORE , His Majesty Declares , That He shall be careful to fill their places with other Persons qualified , whose Oaths ( for faithful discharging of the same ) shall be taken by the Lord Chancellor , or in his absence , by the Lord President of the Commission for the time . And Ordains this present Commission to endure ay and while the same be discharged by His Majesty , and the Acts , Decreets , and Sentences thereof , to have the force , strength , and effect of a Decreet or Sentence of Parliament , and the Lords of Session to grant Letters of Horning , Poynding , and other necessars to be direct upon the saids Decreets and Sentences in manner contained in the foresaids Commissions . And His Majesty , with Consent foresaid , hereby Discharges all former Commissions , Declaring the same to be expired . XXIX . ACT Concerning Citations before Circuit Courts . June 2. 1685. OUR SOVERAIGN LORD , with Advice and Consent of the Estates of Parliament , Do hereby Ratifie and Approve the practice of the Circuit Courts , in citing persons even for Treason , upon Porteous Rolls by Messengers , or Sheriff-officers , without imploying Heraulds or Pursevants , which because of the Circumstances of the time , place and number of the Pannals cannot be done in Circuit Courts : And Declare that for the future , it shall be lawful to cite before Circuit Courts after that manner . It is alwayes hereby Provided , that in cases of Treason , the Messenger or Sheriff-officer , and Witnesses to the Citation shall be Sworn upon the verity thereof . XXX . ACT Approving the Narrative of the Plot. June 4. 1685. OUR SOVERAIGN LORD , with Advice and Consent of His Estates of Parliament , Having Read , Seen and Considered a Narrative of the late horrid inhumane Conspiracy by that Execrable Traitor , Archibald Campbel , sometime Earl of ●…rgile , and others , and the Papers , Ciphers , and Instructions whereon the same is founded ; They Do Find and Declare , that there has been a pernicious and treacherous Conspiracy , carried on by him and others ; And they THEREFORE Approve the Discovery of the said Plot , by the extraordinary Pains , Exactness and Industry of the Lords of the Secret Committee ; Together with the Narrative Drawn and Printed by Authority of the Lords of His Majesties Privy Council , as good and acceptable Service done by them for the Security of His Sacred Majesty , and this His ancient Kingdom . XXXI . ACT for Security of the Officers of State and others : June 4. 1685. OUR SOVERAIGN LORD , Considering the great and acceptable Services done to His Majesty by the Secret Committee , His Majesties Privy Council , and His other Judges and Officers ; And being desireous to Secure them for their Actings and Omissions in His Majesties Service , in most ample Form ; Doth therefore , with Advice and Consent of His Estates of Parliament , Indemnifie and Secure all and every one of His Majesties present Officers of State , the Members of the Secret Committee , Lords of the Privy Council , and all His Majesties Judges , both Civil and Criminal , the Officers of the Army , and all others who have Acted by His Majesties Commissions , or by Commission from His Privy Council , against all Pursuits or Complaints that can be raised against them any manner of way , for their Actings in His Majesties Service : As likewise for their Omissions , and wherein they have fallen short of their Duty , and that as fully as if every particular Crime or Misdemeanour were particularly specified in a Remission under His Majesties Great Seal , or contained in an Act of Indemnity ; Requiring all His Majesties Judges to Interpret this Indemnity in the most ample and favourable Sense , as they will be answerable . XXXII . ACT Concerning the Militia . June 4. 1685. OUR SOVERAIGN LORD , with Consent of His Estates of Parliament , Considering that it may contribute for the ease of the people , to have the ordinary Rendezvouzes of Militia Discharged , unless extraordinary occasions should otherwise require : THEREFORE they Discharge all Rendezvouzes of the Militia in time coming , during His Majesties Royal Pleasure ; and until His Pleasure be so Declared , that no Leaders , nor Assisters shall be lyable for furnishing , and contributing to buy or maintain Horse or Foot on that account ; And they Recommend to the Secret Council to take such courses for disposing of the Militia Arms in the respective Shires , as shall seem most expedient for His Majesties Service ; But prejudice alwayes of the continuance of the former , and present Constitution of the Militia , during the present Rebellion . XXXIII . ACT for Security of the Records . June 4. 1685. OUR SOVERAIGN LORD , and Estates of Parliament , Considering of how great Importance it is to the Leidges , That the Records and Registers be securely Keeped ; Do therefore Ordain , That all Clerks within the Kingdom , who keep such Registers as are , or have been in use to be delivered in to the Clerk Register , to be preserved in His Majesties General-Register-house , shall give in all their Registers and Books preceeding the first of August 1675 ▪ before the first of November 1685. To be keeped by the Clerk of Register ; And that hereafter they shall keep only ten years Records in their own hands , for the use of the Leidges ; With Certification , that these who failzies , shall incur such pains and penalties as the Lords of Session shall think fit . And it is hereby Declared , That no privat Grant made by any Clerk Register , shall excuse them from obedience to this Act , which tends so much to the security of the people , and preservation of the Records . XXXIV . ACT for Poll-Money . June 4. 1685. OUR SOVERAIGN LORD , with Consent of the Estates of Parliament , Statutes and Ordains , that for relief of Heretors , and others lyable in the Supply , Granted to His Majesty by this present Parliament , that their Vassals who pay no part of the Cess ; and also their own , and their Vassals Tennents , Sub-tennents , and others living upon their Land , shall be Taxed , and pay in to the saids Heretors yearly , during the said Supply , the sums of Money following : viz. Each Gentleman , above the quality of a Tennent , a proportion to be appointed by the Heretor , not exceeding six pounds Scots yearly for himself , his Wife and Children ; Each Tennent , and other Inhabitant , above the quality of a Trades-man or Cottar , a proportion not exceeding four pounds for themselves , their Wives and Children : And each Trades-man , Cottar or Servant , a proportion not exceeding twenty shilling Scots yearly for themselves , their Wives and Children ; And it is Ordained that the Heretors shall have the same execution for raising of the saids sums , as for their Mails and Duties . XXXV . ACT anent Messengers Fees. June 4. 1685. OUR SOVERAIGN LORD , with Advice and Consent of the Estates of Parliament , Statute and Ordain , That it shall be in the power of the Sheriffs , Stewarts , Bailies of Regalities , Justices of Peace , and Magistrats of Burghs Royal respective , within whose bounds any Legal Diligences shall be used , to modifie the Prices and Charges craved by Messengers , for execution of their Offices from any of His Majesties Leidges upon the Complaint of the Parties , either for , or against whom the Messengers were Imployed . XXXVI . ACT anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland , to His Sacred Majesty , against the arch-Traitor Archibald Campbel , sometime Earl of Argile . June 11. 1685. THE ESTATES of PARLIAMENT , Taking to their Consideration the great happiness conferred on this Nation by Almighty GOD , in having been for so many Ages Governed and Protected by a long and continud Succession of Glorious and Just Monarchs , and when they had very just reason to expect a further continuance and increass in this happiness , from the auspicious Entry of Your Sacred Majesty to the Possession of Your undoubted Right , and from your extraordinary Justice , Prudence , Courage and Conduct , They cannot but with horror reflect on the unparalelled Treachery of that Hereditary and Arch-Traitor , Archibald Campbel , late Earl of Argile , who after that Our late Merciful King had restored His Family , notwithstanding it had been guilty of a dreadful tract of Rebellion , Bloodshed , and Oppression , and had raised it to a greater Lustre and Estate than ever it had formerly arrived at ; Yet he did imploy that Power the King had invested him with , to support that Traiterous and Fanatical party , and to oppress all who had served the King against His Father in the late Rebellion ; And being more led by the inveterat Treachery , in which he had been educated , then remembring the great favours so undeservedly bestowed upon him , he committed these Crimes for which he was justly forefaulted ; And in prosecution of them , he has at last absolutely pluckt off the mask , by Invading this Your Majesties ancient Kingdom , and his own Native Countrey ▪ and by endeavouring to defame in a publick Proclamation , the late King and Your Sacred Majesty , Robbing and spoiling such Innocent and Loyal men as would not joyn with him , and associating to him these barbarous Miscreants , who did undertake to assassinat Your Majesty , and Your Royal Brother , as Rumbold the Maltster , now passing by the Name of Bowls , who at the Ry was to have committed the said horrid Assassination ; These also who actually murdered Iames late Arch-bishop of St. Andrews , as Iohn Balfour of Kinloch , George Fleming in Balbuthy , and these other Assassins who have rendered almost every mans life unsecure : From all which just Resentments , We judged it our Duty in all humility , to Address to Your most Sacred Majesty , and with all earnestness to Implore , that the said Archibald Campbel , late Earl of Argile , that execrable Traitor , should be for ever secluded from Your Majesties favour , and that Your Majesty would be pleased to Declare , that he , his Family , and the Heretors , Ring-leaders and Preachers who have joyned with him in this Rebellion , should be for ever Declared uncapable of Mercy , and bearing any Honours , or enjoying any Estate within this Kingdom , and to Discharge under all highest pains , all Your Majesties good Subjects to interceed for him or them , any manner of way ; And that all such as shall interpose for their Restauration , shall incur the pain of Treason ; and that Your Majesty would be pleased in Your Royal Prudence , to Inquire who have been the Assisters and Abaters , either at home or abroad , of this Treasonable Invasion , by which Your Majesties Government has been so highly injured , and maliciously arraigned , and this your Kingdom , so Disturbed and Harrassed ; to the end Your Majesty may Declare Your high Displeasure against them , and every one of them , to the Terror and Example of others ; In Return of all which , We the Estates of this Your Majesties ancient Kingdom , Do hereby most Cordially and Sincerely , Offer with ou●… 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 of the persons of the Clergy , particularly the fifth Act , first Session , second Parliament , Charles the Second ; Fourth Act , second Session , second Parliament , Charles the Second ; 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 sight 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 sight 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 D●…rogation 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 Iames 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 , 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 given 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 come●… 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 outwi●…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 of 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 Me●…k contained in the said Fine to the Here●…or whose Planting shall be so Cut or Broken : As likewise , Statutes and Ordains , That no Person shall break down or 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 sight 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 , Office●… , 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 Constabulaties 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 Lievetenand●…y 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 Shires ; as also that half of the Casualities belonging to the King and Prince formerly dispon'd by His Majesty and His Predecessors to the Earl of Argile and his Predecessors , viz. The half of the Wairds , Reliefs , Marriages , Non-Entries , Escheats , Amerciaments , and of all Casualities whatsoever belonging to the King and Prince within the saids Shires ; And sick like , the Patronage of all Kirks and Prebandries which any manner of way did belong to the said late Earl and his Predecessors ; And in like manner , the Constabularies , of the Castles of Craignish , Tarb●…t , Carrick , Duni●…e , Swine ; and Dunstaffnige , with the Profits , Rents , and Emoluments belonging thereto ; As also , the Superiorities of all and whatsoever Lands belonging to the Earl of ●…road-Albion , Lord Lovat , Iohn M cleod of Herreis , the Heirs of the late Lord M cdonald , of Donald M●…donald of Moydart , of the Laird of M●…lean , Mclean of Lochbuy , M clean of Torlosk , and of the other Heretors holding of the late Earl of Argile in the Isles of Mull , Iura , Tir●…e , of the Lands belonging to the Lairds of Calder , Locheall , Achinbreck , M cnaughtan , Arkinless , M●…alaster of Tarbat , Arbruchell , Duncan of Lundy , Campbel of 〈◊〉 , the Lairds of Orms●…y and Lochnell , together with the Superiority of the Burgh of Inverary , and the Property of the House , Castle , and parks of Inverary ; Declaring that the generality hereof , shall be as sufficient , as if each part of the saids Lands , and every Patronage , were particularly herein exprest . And that this present Annexation is affected with all the Conditions and Provisions as to the way and manner of Alienation and Dissolution mentioned and exprest in the former Act of Parliament , Annexing to the Crown the Lands of the Earl of Tarras , Lord Melvill , and others . XLI . ACT Declaring the Greenland-Fishing to be a Manufactory . June 16. 1685. OUR SOVERAIGN LORD , With Consent of His Estates of Parliament , Considering the great Advantage which may accrew to this Kingdom by encouraging the Greenland-Fishing , whereby vast Sums of Money will be kept within the Kingdom , and by the export of Oyl and Whale-bone considerable Sums of Money brought into the Kingdom . Do therefore Declare the Greenland-Fishing an Manufactory , and to have all the Priviledges and Immunities made in favours of any other Manufactory , or Fishing-Company ; And that all A●…l or Drinking-Beer made use by the Ships to be sent to Greenland , and an Butt of Brandy for each Ship yearly shall be free from Excise , Imposition , Custom , or any Dues whatsoever . And the Greenland-Fishing being much prejudged by the importing of Forraign Soap , or Whalebone , the Customers quitting the one half of the Duty imposed by Act of Parliament upon Imported Soap . Do therefore , expresly Prohibite and Discharge the Fermorers of His Majesties Custom , or others , from quitting or abating any of the said Duty due by Law upon Imported Whale-bone or Soap ; and if it be discovered , that they shall quite or abait any of the said Duty , that the said Soap or Whale-bone shall be Confiscate , the one half to His Majesty , and the other half to the Discoverer , and the Tacksmen or Collector who shall be found so guilty , to be Censured by His Majesties Privy Council or Exchequer , as they judge fit . XLII . ACT of Annexation of several Lands to the Crown . June 16. 1685. OUR SOVERAIGN LORD , and Estates of Parliament , Considering that the Traitors after-mentioned , have of late been Forefaulted upon Processes of Treason , Intented at the Instance of Sir George M ckenzie , His Majesties Advocat , against them , both before the high Court of Parliament , and the Commissioners of Justiciary ( viz ) Sir Iohn Cochran of Ochiltry , Sir Patrick H●…me of Polwart , Thomas Steuart of Cultness , Pringle of Torwoodlie , George late Lord Melvil , David Montgomery of Lainshaw , Sir Hugh Campbel of Cesnock , Sir George Campbel younger of Cesnock , Mr. Robert Martin , sometime Clerk to the Justice-Court , Walter late Earl of Tarras , Mr. Robert Bailie of Ierriswood , Thomas Kenedy of Grange , Porterfield of Duchal , Mr. William and Alexander Gordons , late of Earlstoun elder and younger , Iames Gordon younger of Cra●…en : And His Majesty and Estates of Parliament , being desirous to Annex the whole Lands , Barronies , Teinds , Annualrents , Roums , Possessions , Milns , Woods , Fishings and others , which pertained to the fore-named persons , any manner of way , to the Crown , for the better Supporting the Dignity of His Royal Estate , and the expenses of His Government : His Majesty Does therefore , with Advice and Consent foresaid ▪ Ratifie and Confirm the saids Decreets of Forefaulture ; And Ordains the same to be of full force , strength , and effect in all time coming , holding and willing this their Ratification to be as sufficient and effectual , as if the saids Decreets , and whole Tenors thereof were insert herein . And further , His Majesty with Consent foresaid , Doth Unite , Annex and Incorporat to His Crown , of this His ancient Kingdom , to remain inseparably therewith in all time coming , all and whatsoever Lands , Lordships , Baronies , Heretages , Roums , Possessions , Milns , Woods , Fishings , Tacks , Steedings , Teinds , Annualrents , Patronages , Wodsets , expired Apprysings and Adjudications , Castles , Towers , Fortalices , Houses , Biggings , Yairds , Orchyairds ; Annexis , Connexis , Tennents , Goods and Aikers , and all other Heretages , Lands and Estates whatsomever , pertaining and belonging to the fore-named persons , Rebels and Traitors above-mentioned , or any of them , by whatsomever manner of way , Right or Title , and wherein they , or any of them , have been , or might have been in Possession , or to which they , or any of them have succeeded , or may succeed , as Representing any person , and where the same ly within this Realm , of whatsomever Name , Title , Bounding , or Designation the same be of , Dispensing with the foresaid generality ; And Declaring the same to be as sufficient , as if every particular , Roum , Land or Barony pertaining to the fore-named , forefaulted Rebels and Traitors , or any of them , and which can any manner of way fall under their Forefaultries , were herein particularly condescended on and exprest ; And particularly , but prejudice of the foresaid Generality , the Lands , Baronies , and others after-mentioned , which formerly pertained to these of the saids Traitors after-named ; viz. The Lands and Barony of Ochiltry , the Lands and Barony of Trabeanch , the Lands of Chalmerstoun , the Lands of Kinowdouns , and Flownstoun , the Lands of Craigman , The Lands of Brownstoun , Beaches , the Lands of Green-hill , and the Superiorities and Feu-duties of the twenty pound Land of Carbel , all lying within the Sheriffdom of Air , with the whole Pertinents thereof , which pertained to the said Sir Iohn Cochran , sometime of Ochiltrie ; The Lands and Barony of Polwart , the Lands and Barony of Greenlaw , Red-path , with the Rights of Patronages , and whole Pertinents thereof , and Lands of pertaining to the said Sir Patrick Hume , sometime of Polwart , lying within the Sheriffdom of Berwick ; The Lands and Barony of Cultness , lying within the Sheriffdom of Lanerk ; And the Lands of North-Berwick , lying within the Constabulary of Haddingtoun , which pertained to the said Thomas Steuart , sometime of Cultness ; The Lands and Barony of Torwoodlie , with the Pertinents thereof , lying within the Lordship of Ettrick-Forrest , and Sheriffdom of Selkirk , sometime pertaining to the said Pringle of Torwoodlie ; The Lands , Lordship and Barony of Mony-mail , comprehending the Lands , Patronages , and Baronies mentioned in the Infeftments thereof , lying within the Sheriffdom of Fife , and particularly , comprehending the Lands and Baronies of Raith , and Balweirie , sometime pertaining to the said George Lord Melvil ; The ten merk Land of Lainshaw , and Teinds thereof , the ten merk Land of Kirkbryd , with the Miln and Pertinents , the five pound Land of Milnstoun-fleet , the five merk Land of Over and Nether ▪ Peacock Lands , with the Miln and Pertinents , with the Tower and Fortalice , called Castlesturt , and Lands of Brockholmer , all lying within the Bailiary of Cunningham , and Sheriffdom of Air , the Lands of Over-Cassilioun , extending to a three merk Land , with the Teinds and Pertinents , lying within the said Bailiary and Sheriffdom , all formerly pertaining to the said David Montgomery , sometime of Lainshaw ; The Lands and Barony of Riccartoun , the Lands and Barony of Cesnock and Galstoun , with the Tower of Cesnock , and Pertinents , the Lands and Barony of Bair , the Lands and Barony of Castlemains , the Lands and Barony of Hayningress , all lying within the Sheriffdom of Air , and the Lands of Newhal , lying within the Sheriffdom of Fife , formerly pertaining to the said Sir Hugh and Sir George Campbels , sometime of Cesnocks ; The Lands and Barony of Hughchester , the Mains of Borthwickshiels , lying within the Shire of Roxburgh , the Lands of Robertoun and Howeleuch-miln , and Pertinents thereof , lying in the Sheriffdom of Selkirk , the Lands and Steedings of Alemuir , , lying in the said Shire , the Lands of Cassock , Tameucher , and Glenderig , lying in Eskaldemuire , the Lands of Harden , Mabenlan , Hichchester , and Borthwick-walls , lying in the Sheriffdom of Roxburgh , formerly pertaining to the said Walter , sometime Earl of Tarras ; The Lands and Barony of Ierviswood , lying within the Sheriffdom of Lanerk , the Lands and Barony of Mellerstains , lying within the Sheriffdom of Roxburgh , formerly pertaining to the said Mr. Robert Bailie , sometime of Ierviswood , The Lands of Grange , and Heretable Office of Bailiary of Monkland , lying within the Bailiary of Carrick , and Sheriffdom of Air , formerly pertaining to Thomas Kennedy , sometime of Grange , the Lands and Barony of Duchal , and pertaining to Porterfield , sometime of Duchal ; the Lands and Barony of Earlestoun , the Lands and Barony of Kenmuir and others , formerly pertaining to the said William and Alexander Gordons , late of Earlestoun , lying within the Sheriffdom of Wigtoun , and Stewartry of Kirkcudbright respective ; The Lands and Barony of Craiglaw and others , formerly pertaining to the said Iames Gordon younger of Craiglaw , together with all other Lands , Teinds and Rights whatsomever , belonging to the Remanent of the saids Traitors , or to all or any of them , or whereof they were in Possession , or to which they might have succeeded any manner of way , with all Lands , Teinds and others , Castles , Towers , Fortalices , Milns , Multures , Fishings , Annualrents , Reversions , Patronages of Kirks and Teinds , Personages and Viccarages , and all and whatsomever Mines of Gold , Silver , Copper and other Minerals within the foresaid bounds , and belonging to the saids Forefaulted Traitors , with all other Parts , Pendicles and Pertinents , Casualities , Priviledges , Jurisdictions , Offices , and others whatsomever , pertaining to the same : All which , His Majesty with Consent foresaid , Doth Unite and Annex to His Crown , Declaring the Generality foresaid to be as sufficient to the intent and effect foresaid , as if each Part , Parcel and Pertinents of the saids Lands , Offices , Patronages , Priviledges and others belonging to the saids Traitors , or any of them , and whereof they were in Possession , were herein exprest . And it is Statute and Declared , That the saids Lordships , Lands , Baronies , Teinds and others respectivè above-mentioned , Annexed to the Crown in manner-foresaid , shall remain therewith in all time-coming ; And that the same , or any part thereof , shall not , nor may not be given away in Fee and Heretage , nor in Frank , Tenement , Liferent , Pension , or Tack , except for the full Duty , which may be gotten from , and payed by the Tennents , or by any other manner of Alienation , Right or Disposition whatsomever , to any person or persons , of whatsomever Estate , Degree , or Quality they be , without Advice , Decreet , and Deliberation of the whole Parliament , and for Great Weighty and Reasonable Causes , concerning the good , welfare and publick Interest of the whole Kingdom ; First to be proposed , and to be Advised and maturely pondered and considered by the Estates re integrâ , before any previous Grant , Right or Deed be given , made or done by His Majesty , or His Successors , concerning the Disposition of the saids Lordships , Baronies and others , or any part thereof , which may any wayes predetermine them , or the Estates of Parliament , and prejudge the freedom of their Deliberation and Consent . And if at any time hereafter it shall be thought fit to Dispone , or Grant any Right of any part of the saids Lands , Superiorities , Offices , Teinds and others ; It is Declared , That the general Narrative of good Services , weighty Causes and Considerations , shall not be sufficient ; But the particular Causes and Considerations , whereupon His Majesty and His Successors may be Induced to grant , and the Estates to Consent to such Rights , are to be expressed , that it may appear that the same is not Granted through Importunity , or upon privat suggestions or pretences , but for True , Just , and Reasonable Causes and Considerations of publick Concernment . And further , It is Declared , That if any general Act of Dissolution , of His Majesties Property , shall be made at any time hereafter , the saids Lands and others above-mentioned , and Annexed , shall not be understood to fall , or be comprehended under the same : And if the saids Lands , and others foresaid , or any part thereof , shall be Annalzied or Disponed ; or any Right of the same shall be Granted otherwise then is Appointed , and Ordained in manner above-mentioned , His Majesty with Consent foresaid , Doth Statute and Declare , That all Dispositions , Infeftments , and other Rights of the saids Lands , and others foresaid , or any part thereof , which shall be Granted contrary to this present Act , with all Acts of Dissolution and Ratification , and other Acts of Parliament concerning the same , shall be from the beginning , and in all time-coming , void and null , and of no effect ; and notwithstanding thereof , It shall be lawful to Our Soveraign Lord , and His Successors for the time , to take back and receive at their Pleasure , for their own use , without any Process of Law , the Lands and others above Annexed , or any part thereof , which shall be Annalzied , or Disponed , and these in whose favours any such Rights , or Alienations shall be made , shall be accomptable for , and lyable to refound and pay all Profits , Intromission , or Benefit taken , uplifted , or enjoyed by them , in the mean time . And it is Declared , That all other Clauses , Articles and Provisions , contained in any former Act , or Acts of Annexation , to the advantage of His Majesty and His Crown , are , and shall be holden , as repeated , and insert herein : But it is hereby always 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 respectivè 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 Measuring 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 Iames 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 Iohn 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 Iames 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 foresaid , separates the said Shire of Kinross from Fife , as to all these publick Concerns and Actings , as well the Lands contained therein formerly , as these Annexed thereto by this present Act ; and from the Shires of Fife and Perth respectivè , in all matters whatsoever that relate to , pertain , and fall within the precinct , and Jurisdiction of the said Shire of Kinross , as it is now Established and Comprehended by this present Act , and to consist of the Parochs of Kinross , Urwell , Portmock , Cleish , and Tilliboal , and whole Lands lying within the saids Parochs , and of the saids Lands and Baronies of Cuthilgourdie , with the burthen of the Valuation of the saids Parochs and Lands ; and liberating and freeing the saids respective Shires of Fife and Perth , proportionally of the Burthen thereof ; and particularly ( without prejudice of the generality foresaid ) of all Cesses , Excise , Militia , Out-reeks of Horse and Foot , High-wayes , and all other publick Burthens , and Impositions laid , or to be laid upon these Lands , Disjoyned from the saids Shires of Fife and Perth , and Annexed to Kinross in manner foresaid ; and particularly , liberats the Shire of Fife of the Valuation of the Lands formerly contained in the Shire of Kinross , and of the Valuation of the Lands that are now Disjoyned from the Shire of Fife , and Adjoyned to the Shire of Kinross , amounting both to the sum of Eighteen Thousand five hundreth and sixteen pounds scots Money . And also , particularly Liberats and Frees the Shire of Perth of the Valuation of the saids Lands , hereby Disjoyned from the Shire of Perth , and now Annexed to the Shire of Kinross , extending to the sum of One Thousand , seven hundreth and eighteen pounds , six shilling eight pennies , Scots Money , making up the saids two Valuations , in the whole , the sum of Twenty Thousand , two hundreth and thirty four pounds , six shilling , eight pennies , Scots Money , Which is Declared to be the full and compleat Valuation of the Shire of Kinross hereafter , and the Rule of proportioning the publick Burthens laid on , or to be laid on the said Shire of Kinross . Willing and Appointing the Heretors , Inhabitants and Possessors of the saids Lands , in all time coming , to answer to the Courts of the said Sheriffdom of Kinross , and to be lyable to the Jurisdiction of the Sheriffs thereof , in all Causes , Civil and Criminal , competent to an Sheriffs Cognition , and to be holden , reputed and esteemed in all time hereafter , a part of the said Shire of Kinross , to all effects , and particularly ( without prejudice of the generality foresaid ) with the burthen of all Cess , Excise , and other Impositions whatsoever , Militia and other Out-reeks , Collecting and Ordering thereof : And that in all Retours , Rights , Dispositions , Charters and Infeftments of the saids Lands , they be Designed in all time-coming , to ly within the said Sheriffdom of Kinross : And that all Denunciations , and Executions of Hornings , Apprysings , Inhibitions , Adjudications , Publications of Interdictions ▪ and other Legal Diligences against the Heretors , Possessors and Inhabitants of the saids Lands , with all Brieves , Proclamations and others , be used and Execute at the said Mercat Cross of Kinross , head-Burgh of the said Shire , in like manner , and to the same effect , as these Executions are used at the head-Burgh of any other Shire ; And in case there be any mistake in the casting of , and inserting in this Act the sums of the Valuation above-mentioned , to the prejudice of any of the saids other Shires . His Majesty with Consent foresaid , Ordains the Commissioners of Cess and Excise of the saids other Shires , to Meet , Adjust , and settle the saids Proportions ; and being so Adjusted , to signifie the same to the Lords of His Majesties Privy Council , under their hands , that the same may be Recorded in the Books of Privy Council , for a Rule hereafter . As also , His Majesty , with Consent of the saids Estates of Parliament , Considering that by the sixteenth Act of the twenty second Parliament of His Majesties Dearest Grand-Father , King Iames sixth , in anno 1617. ( Entituled Act anent Registration of Seasins , Reversions and other Writs ) That for the great ease of the Lieges , the saids Registers were Established in the Burgh of Couper in Fife , for the whole Lands lying in the bounds of the saids Sheriffdoms of Fife and Kinross , or were to be Established in any other place or places more convenient : And that now for the greater ease and accomodation of the Leiges , it is thought more fit and convenient , That the said Register be kept at Kinross , head-Burgh of the Shire thereof , for the whole Lands , as well formerly lying within , as now Annexed to the same Shire : THEREFORE His Majesty , and Estates of Parliament foresaids , Statute and Ordain , That in all time coming , there be a publick , particular Register , for Registrating Seasins , Renunciations , Reversions , Discharges of Reversions , Grants of Redemption , and other Writs , enjoyned to be Registrated by the said former Act of Parliament ▪ keeped by the Clerk of Registers , and his Deputs , at the said Burgh of Kinross , for the whole Lands , as-well formerly lying within the said Shire of Kinross , as now annexed thereto , within the space , to the same effect , and with the like conditions mentioned and contained in the foresaid Act , in anno 1617. For Registration of Seasins , Reversions , &c. And Lastly , His Majesty and Estates of Parliament foresaids , Hereby Ratifie and Approve , in favours of the said Sir William Bruce , and his Heirs-male , Tailzie , and others contained in his Infeftments of the Estate of Kinross , the twenty ninth Act of the first Parliament of His Majesties Dearest Father , King Charles the first of ever blessed memory ( Entituled , Act in Favours of the Earl of Morton and the Lord Dalkeith his Son , anent the Loch of Loch-Levin , and preservation of the Fishes thereof ) And Ordains the said Act to be put to Execution by the said Sir William Bruce , and his foresaids , and his and their Deputs and Bailies , after the Form and Tenor thereof . It is alwise hereby Declared , That this Act , and every part thereof , is but prejudice to the said Sir William Bruce ▪ and his Heirs of any other Iurisdiction of Regality or Bailiary , formerly belonging to him of any of the saids Lands , either formerly belonging , or now Annexed to the said Shire of Kinross . XLVI . ACT Salv●… jure Cujuslibet . June 16. 1685. OUR SOVERAIGN LORD Taking to Consideration , that there are several Acts of Ratification , and others past , and made in this Session of Parliament , in favours of particular persons , without calling or hearing of such as may be thereby concerned , or prejudged ; THEREFORE His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , that all such particular Acts , and Acts of Ratification past in manner foresaid , shall not prejudge any third party of their lawful Rights , nor of their Actions and Defences competent thereupon , before the making of the saids particular Acts , and Acts of Ratification ; And that the Lords of Session , and all other Judges of this Kingdom , shall be obliged to judge betwixt parties , according to their several Rights standing in their persons , before the making of the saids Acts : All which are hereby Exponed , and Declared to have been made , Salvo jure Cujuslibet . XLVI . ACT of Adjournment to the last Tuesday of October . June 16. 1685. THE Kings Majesty Declares this Parliament Currant ▪ and Adjourns the same to the last Tuesday of October next , 1685. And Ordains all Members of Parliament to attend that Day : And that there be no new Elections of Commissioners from Shires or Burghs , except upon the Death of some of the present Commissioners . Collected and Extracted from the Registers and Records of Parliament , by TARBAT , Cls. Reg. A TABLE Of the Printed ACTS . 1 ACT For Security of the Protestant Religion . Pag. 1 2 A Declaration and Offer of Duty by the Kingdom of Scotland , with an Annexation of the Excise to the Crown . Pag. 2 3 Act concerning Citations in Processes for Treason . Pag. 3 4 Act concerning Witnesses in Processes for Treason . Pag. Ibid. 5 Act Declaring it Treason to Take , or Owne the Covenants . Pag. Ibid. 6 Act Obliging Husbands to be lyable for their Wives Fines . Pag. Ibid. 7 Act anent Porterfield of Duchal , and Concealing of Supply given to Rebels . Pag. 4 8 Act against Preachers at Conventicles , and Hearers at Field-Conventicles . Pag. Ibid. 9 Act for the more effectual Payment , and Inbringing of His Majesties Rents and Revenues . Pag. Ibid : 10 Act concerning Judicial Confessions before the Commissioners of Iusticiary . Pag. 5 11 Act Obliging Persons to accept Offices . Pag. Ibid. 12 Act of Supply Pag. 6 13 Act for Taking the Test. Pag. 15 14 Act Explaining the 9th Act of the Parliament 1669. concerning Prescriptions . Pag. Ibid. 15 Act Explaining the 10th Act of the Parliament 1669 , anent Interruptions . Pag. 16 16 Act anent Iustices of Peace . Pag. Ibid. 17 Act for Taking the Oath of Allegiance . Pag. 17 18 Act concerning Vacant Stipends . Pag. Ibid. 19 Act Ratifying the Priviledges of the Senators of the Colledge of Iustice. Pag. 18 20 Act for preserving Game . Pag. Ibid. 21 Act against stealing of Dogs and Hawks . Pag. 21 22 Act concerning ●…ailzies . Pag. Ibid. 23 Act Ratifying the Opinion of the Lords of Session , anent these who refuse to Depone anent the late Treasonable Proclamation , 1684. Pag. 22 24 Act Ordaining that Tennents be obliged by their Tacks to live Regularly . Pag. Ibid. 25 Act Ratifying two Acts of Parliament , and a Proclamation of Council , anent apprehending of Rebels . Pag. 23 26 Act concerning Adjudications for Fines . Pag. 24 27 Act for securing Sea passengers . Pag. 25 28 Act and Commission for Plantation of Kirks , and Valuation of Teinds . Pag. Ibid. 29 Act concerning Citations before Circuit Courts Pag. 27 30 Act approving the Narrative of the Plot. Pag. Ibid. 31 Act for security of the Officers of State and others . Pag. Ibid. 32 Act concerning the Militia . Pag. 28 33 Act for security of the Records . Pag. Ibid. 34 Act for Poll-mony . Pag. Ibid. 35 Act anent Messengers Fees. Pag. 29 36 Act anent the Address of the Estates of Parliament of His Majesties ancient Kingdom of Scotland , to His Sacred Majesty , against the Arch-Traitor , Archibald Campbel , sometime Earl of Argile . Pag. Ibid. 37 Act for the Clergy . Pag. 30 38 Act concerning the Registration of Writs in the Books of Session . Pag. 31 39 Act in Favours of Planters , and Inclosers of Ground . Pag. 32 40 Act of Annexation of the Offices belonging to the late Earl of Argile . Pag. Ibid. 41 Act Declaring the Green-land-fishing to be a Manufactory . Pag. 33 42 Act of Annexation of several Lands to the Crown . Pag. Ibid. 43 Act in Favours of the Inhabitants of Orkney and Zetland . Pag. 36 44 Act For a Standart of Miles . Pag. Ibid. 45 Act in Favours of Sir William Bruce , for enlarging the Shire of Kinross . Pag. Ibid. 46 Act Salvo Iure Cujuslibet . Pag. 38 47 Act of Adjournment . Pag. 39 A TABLE Of the Acts , and Ratifications , past in the First Session , of His Majesties First Parliament , and which are not here Printed . PRotestation by some Noblemen , and Others , Commissioners from Shires , and Burghs , concerning their Precedency in the Rolls of Parliament . His Majesties Letter to the Parliament , With the Parliaments Answer . Record of the Production of the Patent of Honour granted by His Majesty to the Viscount of Tarbat and his Admission . Act for several Yearly Fairs , and Weekly Mercats , to some Noblemen , and Others . Act in favours of the Viscount of Tarbat . Act in favours of the Lord Advocat . Act Ratifying and Approving the late Earl of Argiles Forfaulture . Act Ratifying and Approving the Sentence of Forfaulture against the late Mr. Robert Baillie of Ierviswood . Act Ratifying and Approving the Sentence of Forfaulture against Hamilton of Monckland . Act for a Commission anent the Estate of the late Earl of Argile . Act in favours of the Viscount of Tarbat , for changing an High-Way . Remit from the Parliament to the Kings Majesty concerning the Earls of Roxburgh and Lothian . Act Concerning Trade and Manufactories . Act for a Commission of Trade . Commission for Regulation of Inferiour Judicatories . Decreet and Sentence of Forfaulture against Sir Iohn Cochran . Decreet and Sentence of Forfaulture against Sir Patrick Home of Polwart . Decreet and Sentence of Forfaulture against Pringle of Torwoodlie . Decreet and Sentence of Forfaulture against Mr. Robert Martine , sometime Clerk to the Justice Court. Decreet and Sentence of Forfaulture against Thomas Stuart of Cultness . Decreet and Sentence of Forfaulture against Mr. Robert Ferguson . Decreet and Sentence of Forfaulture against the late Lord Melvill . Decreet and Sentence of Forfaulture against the Lairds of Cessnock elder and younger . Decreet and Sentence of Forfaulture against David Montgomery of Langshaw . Act in favours of the Children of Sir William Primrose . Act Remitting the Processes of Treason Depending before the Parliament , to the Justice Court. Act Reducing the Conversion of the ancient Few-Duties of the Estate of Argile . Act for Sowing Pease and Beans , and Inhibiting the Casting up of Ground within the Shi●…e of Aberdeen ▪ Act in favours of the Burgh of Innerness . Act in favours of the Burgh of Aberdeen . Act in favours of David Areskine of Dun. Act in favours of the Town of Dalkeith . Act in favours of Sir Patrick Frazer of Doors . Act in favours of the Town of Linlithgow . Act for Exacting a Petty Custom at several Bridges . Ratification in favours of the Duke of Gordon . Protestation the Earl of Marischal against the same . Protestation the Bishop of Aberdeen against the same . Protestation the Earl of Finlater against the same . Protestation the Laird of Drum against the same . Protestation Sir Iohn Gordon in behalf of the Duke of Gordon , against the foresaids Protestations . Ratification in favours of the Earl of Mar. Ratification in favours of the Earl of Monteith . Three Ratifications in favours of George Viscount of Tarbat . Ratification in favours of the Royal Colledge of Physicians . Protestation the Town of Edinburgh against the same . Ratification in favours of Mr. Roderick Mackenzie of Prestounhall . Ratification in favours of the Earl of Southesk . Ratification in favours of Hugh Wallace of Inglistoun . Ratification in favours of Mr. Iohn Richardson , and Iohn Drummond . Protestation Sir Iames Rocheid , and Iames Hamilton against the same . Ratification in favours of Aeneas M cleod . Ratification in favours of Sir Robert Lowrie of Maxweltoun . Ratification in favours of Duncan Toshich of Monyvaird . Ratification in favours of Collonel Iames Dowglas , and Robert Bartoun . Ratification in favours of the Apothecaries in Edinburgh . Protestation the Chirurgian-Apothecaries against the same . Ratification in favours of Christopher Irving . Ratification in favours of Collonel Barclay of Ury , and his Son. Ratification in favours of the Trades of Edinburgh . Protestation the Trades of the Cannongate against the same . Ratification in favours of the Bonet-Makers and Litsters of Edinburgh . Protestation the Weavers of the Cannongate against the same . Ratification in favours of the Burgh of Innerness . Ratification in favours of Iohn Scot of Comistoun . Ratification in favours of Iames Miln . Ratification in favours of Mr. David Dewar Advocat . Ratification in favours of Donald M cdonald of Moydart . Ratification in favours of Sir William Bruce of Kinross . Ratification in favours of Sir Iohn Murray of Drumcairn . Ratification in favours of the Laird of Drum. Ratification in favours of Sir George Mackenzie , His Majesties Advocat . Ratification in favours of Iames Caddel of Muirtoun , with an Erection of the Lands of Blackstoh in an Burgh of Barony . Ratification in favours of the Baxters of Edinburgh . Protestation the Baxters of the Cannongate against the same . Ratification in favours of Mr. David Grahame Tutor of Gorvy . Ratification of an Act of Convention of the Burrows in favours of the Burgh of Barony of Cromarty . Ratification in favours of Mr. Roderick Mackenzie of Dalvenan . Ratification in favours of Iohn Lawder of Fountainhall , and Sir Iohn Lawder his Son. Ratification in favours of Sir Iohn Gordon of Rothemay . Protestation the Town of Forrest , against Iames Caddel of Muirtouns Ratification . Act in favours of the Bishop of the Isles . Decreet of Precedency in favours of the Earl of Strathmore . FINIS .