Page:The Laws and Acts of Parliament of Scotland.djvu/695

 »CHARLES^I I. ii! Bailiffs of Regalities, Magiftrats of Burghs , or any other competent Judges , who are hereby required to take due and fpeedy tryal of the premifles, and to admit probation thereof by writ, witnefs, Oath of party or otherwife according to Law, any Acl: or Acts of Parliament, or Claufes therein contained to the contrary thereof notwithftanding. And to the end, that his Majefties Lieges and Merchants, noon theoccafion and pretence forefaid, be not unjuftly molefted and troubled, It is Ordained, that 'the faids Procefs andPurfutes mail be intended within three Moneths after the fraudful abftraftino- and im- bezleing forefaid; and thatthefe at whofe inftance they mall be purfued, mall be obliged to give their Oaths ae cahmnia, if thereto required , that the faids purfutes are not intended of malice , but upon credible information, and that they have juft reafon to purfue , as they conceive. And in cafe any Merchant, Skipper, Mate or Marriner, or other perfon fhall be found guilty of, or accefTory to, the faid imbezleing, in concealing or 2bftracl:ing any Goods which ought and ihould have been entered ; It is Statute and Ordained, that the faid delinquents ihall be impnfoned for the fpace of twenty four hours, and until they make payment of the full price and value of the Goods which mall be found to have been abftraded by them , and ihall be further fined by the Lords of his Majefties Exchequer , as they mall fee caufe. And in cafe any Goods fhall be found and feifed, upon acount that they were concealed and not duly entered, they Ihall not only be detained and confifcat without redemption, but alfo the Owners of the faids Goods, and all others who fhall be found to be accefTory or aiding to the concealing or abftra&ing of the fame, fhall be imprifoned for the fpace ef twenty four hours, andfuch fines and other punifhment fhall be impofed and inflided upon them, as the Lords of Exchequer fhall appoint. And that the Collectors oi his Majefties Cuftoms and Excife and their Deputies, at the making their accounts of their intromiilion with the Cuftom and Excife duties, fhall be holdenandob- lieged to give their Oaths upon the truth of tliefe accounts to be given in by them. And it is Provided and Declared by His Majefty, with confent forefaid, that the forefaid Acl: of his Majefties firft Parlia- ment, whereby the Excife is impofed, fhall ftand, and is and fhall be of full force ; except info far as the fame is altered, innovat, qualified and taken away in manner above-mentioned. XIII. ACT for annexation e/Orknay and Zetland to the Crown. December 17. 1669. FOrafmuch as thelflesof Orknay and Zetland are a great and fo considerable a part of this His Ma- jefties ancient Kingdom, that for divers ages they were the occafion of much trouble and expence of blood and money, for maintaining thereof againft the invafion of Forraigners , and recovering the fame out of their hands by Armes and Treaties ; And the faids Ifles being of a great and large extent of tbounds, and fo remote and at fuch a diftance from the ordinary feat of Juftice and Judicatories, that Ithe Inhabitants within the fame are not able to travel in the winter feafon; and at other rimes cannot, without great trouble and expences, repair to the faid Judicatories to compleanwhen they are opprefled and grieved. It is not only fit in order to His Majefties Intereft, but will be the great advantage of His Majefties Subjects dwelling there, that without interpofing any other Lord or Superior betwixt his Ma- Ijefty and them, they fhould have ane immediat dependancc upon his Majefty and His Officers, being [their great fecurity againft Forraign attempts and oppreffion at home. And feeing it is moft expedient and neceflar, that a publick Patrimony and certain Revenue in Lands, Lordlhips and others, fhould befetledupon, and annexed unto his Majefties Crown, for fupporting of His Royal Eftateand Govern- ment, and the great and neceflar charges of the fame , which if not defrayed out of His Majefties own Pro- perty and Revenue, would unavoidably ly, and be a heavy burden upon his Majefties Lieges : And to that ipurpofe, divers Ads of Annexation have been made from time to time , and in fpecial the Earldom oi Orknay and Lordfhip of Zetland, with the pertinents of the fame, were annexed to the Crown in the years, one thoufand, five hundred, and fourty, and one thoufand, fix hundred, and twelve, refpecJive. And yet importu- jnity prevailing with his Majefty and his Royal Father, their goodnefs and inclination to gratifie their Subjects, ithey have been induced to give away and part with fo great a Jewel of their Crown, and to difpone and jgrant Rights of the faid Earldom and Lordfhip ; which being found to be to the great prejudice lof His Majefty, His Crown and Subjects, and contrary to the Laws and Ads of Parliament of jlthis Kingdom, by a Decreet of the Lords of Seftion, obtained upon the twenty fifth day oi February illaft by-paft, at the inftance of Sir John Nisbet of T)irletoun Knight, His Majefties Advocatv for r His Majefties intereft, againft William Earl of CJiortoiw, Charles Lord of Dalkeith his Son, George Vifcount of Grandifionn , and certain other perfons therein mentioned; the faids Lords by their Decreet forefaid , have reduced the Contracts , Difpofitions , Infeftments , Ads of diflolution , and 1 other Rights therein mentioned , made and granted by His Majefty and His Royal Father , to , and in favours jof,the deceafed William Earl of Mortonn, Grand-father to William now Earl of Mcrtoun, and the faid Gecrge I Vifcount oiCirandiftoun , of the faid Earldom oiOrknay and Lordfhip oi Zetland, with the Rights alfo there- in mentioned depending thereupon : and the faid Lords have found and declared , that His Majefty hath good and undoubted Right to the faid Earldom and Lordfhip , as His annexed Property , for the Q_ reafon s