Page:The Laws and Acts of Parliament of Scotland.djvu/407

 AVCHTENTH PARLI AMENT. IX. of Julie. 1606. 5 8j Ratifics, approves and perpetuallie confirmes the procefles, leniences and domes of forfaultours, led, deduced and pronounced againft Frances {omety me Eatle of Bothwetl, urn while John ibmetyme Earle of Gowrie, andumwhileMaifter Alexander Ruthven his brother their memorie; together with the acts made anent the inhabilitie of the pofteritie of the faids traitours. And decernes, declares, ftatutes and ordeinis, that the gratiousreftitution to be given by his Majeftie, or any of his fucceflburs, to any perfon or perfon's alreadie forfauked fince his Majefties perflte age, or wha in any tyme comming mall happen lawfullie to be forfauk- ed by his Majeftie, or any of his fucceflburs , or to their heires or their fucceflburs , fhali nbwyfe hurt or pre- judge any of his Heighnes fubjects in the right and fecuritie obteined or to be obteined by them or any of them, of the lands, pofleflions, tacks, rights,goods or geare perteining to the faids forfauked perfons rebels, and fallen to OUR faid SOVERAIGNE LORD, or his fucceflburs by their rebellion and forfaultour: but that the famine lands, pofleflions, tacks, rights, goods and geare whatfomever, fallen to his Majeftie in manerforefaid, and lawfullie difponed by his Heighnes , or hereafter to be difponed by him , or his f uccef- fours, to any of his or their lawfull fubjects , Iliall perpetuallie remaine with , and appertain to the receavers of the fecuritie and difpofkion thereof. Notwithftanding the faid gratious reftitution, to be obteined by the faids forfauked perfons or their heires or fucceflburs, wliilk Iliall be na farther extended , nor have na farther force nor effect, but for the rehabilitation of their perfons allanerlie ; and nowyfe to be extended to the lands , pofleflions, tacks, rights, goods or geare perteining to them before their forfaultour, and lawfullie difponed to any of his Heighnes obedient fubjects, at fik tyme as the undoubted right thereof ftude in his Heighnes per- fon, fallen and becommen in his Majefties hands, be vertue of the laid forfaultour. And becaufe the perfons forfauked, their children and friends , in prejudice of his Heighnes donatours , and others his Majefties obedient and duetifull fubjects, abftracts and abfents the evidents , tacks and fecurities of the lands , rowmes and pofleflions of the faids forfauked perfons. IT is therefore ftatutc andordeined, that notwithftanding the abftracting and abfenting by any perfons of the evidents, tacks and fecurities of the lands and pofleflions whilks perteined to any forfauked perfons, and whereof the rights being either difponed or confirmed by his Majeftie, the faids difpofitions or confirmations are extant in his Heighnes Regifter , that the extract thereof his obedient and duetifull fubjects, having right thereto , for bruiking and joy fing of the faids iands and pof-
 * forth of the Regifter flia.ll be alsgoode, and fuflicienttytle and right to his Majefties donatours, and others
 * fefllons, as if the principal and original evidents, tacks and fecurities were yet extant. And that the faids

I evidents and fecurities fliall not be decerned to make na faith or to be imp rove 11, for not production of the j original and principal, die faids extracts or confirmations being produced by his Majeftie, or his donatours I and others forefaids. And they being content to abyde at the ventie of the deed, and tryel not onely of the 1 truth of the confirmation, but aifo at the trueth ol the writ whilk is infert in the confirmation, whereof the ! principal is abftracted. 5". x_Att anent the rivers <?/"Tweid and Annand. OUR SOVERAIGNE LORD, and Eftaites of Parliament, underftanding that in the act made in his Heighnes Parliament, in the yeare of God , ane thoufand , fex hundreth yeares , whereby the ! flaying of Salmond fiilie in forbidden tyme, or of Kipper, Smolts or black filhe, at any tyme was declared to be thift ; and the committers thereof were ordeined to be punilhed for the famine as for thift. The Rivers ! of Tw eedznd A/mandvrere then excepted, becaufe the faids Rivers at that tyme devyded at many parts, the 1 bounds of Scotland and England adjacent to them, whereby the forbearance upon the Scots part of the flaugh- < ter of Salmond, in forbidden tyme. and of Kipper, Smolts and black filhe, at all tymes : wald not have made Salmond any mair to abound in thefe waters, ifthclyke order had not bene then obferved upon the Englifh •fide. Whilk impediment, through the infinite mercy of G O D, being now removed, by the moft happie j uniting of baith the Kingdomes in ane Enipyre, in the Royal perfon of his moft excellent Majeftie, undoubted and righteous Monarch of die famine. Whereby the Inhabitants of this hailllfle, are equallie fubject to his , facred Perfon and Lawes ; and the remeed of their harmes, and the redrefle of their abufes , puniihment of 1 their tranfgreflions, and eftablifhment of thek univerfal well belangs to his charge. - . Therefore OUR SOVERAINE L O R D and Eftaites of his Heighnes Parliament, clearlie under- ftanding that the caufe of the faid exception is now removed, Ratifies and approves the faid act of Parliament,
 * anent the forbidding the flaughter of Salmond, Kipper, Smolts and black fifh , in maner above written , and

i paines of thift and death, decerned againft the contraveiners thereof. And retreats, perpetuallie annulles and abrogats the faid exception of the faids waters oiTweedox. Annand. And decernes and declares, that in all tyme comming, the contraveiners of the faid act, or any part thereof, in the waters oiTweedot Annand, or any part of the famine , fhallunderly the paines forefaids of thift and death, according to the qualitie , rank and eftateofthe committers thereof, and as if the firft act had bene generall, and the faid exception had never bene conteined therein. o 6. Anent the enfiumes betwene Scotland and England. UR SOVERAIGNE LORD, and Eftaites of this prefent Parliament, ftatutes and ordeines that die Fermers «f the cuftumes in Scotland doe keepe ane original buike of all the goods that are G g g 3 entred