Page:Ruffhead - The Statutes at Large - vol 5.djvu/92

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53 G. 20. Anno primo Georgii Regis. Stat. 2. A. D. 17 14. CAP. XX. An Aft. for encouraging all Superiors, Vafials, Landlords ,and Tenants in Scotland, who do> and fhall continue in their Duty and Loyalty to his Majefty King George; and for difcou- raging all Superiors, Vafials, Landlords and Tenants there, who have been or fhall be guilty of rebellious Practices againft his faid Majefty; and for making void all fraudulent Hntails, Tailzies and Conveyances made there, for barring or excluding the Kffecl: of For- feitures that may have been, or fhall be incurred there on any fuch Account; as alfo for calling any fufpec~ted Perfon or Perfons, whofe Eftates or principal Refidence are in Scotland* to appear at Edinburgh, or where it fhall be judged expedient, to find Bai; for their good Behaviour; and for the better difarming difaffected Perlbns in Scotland. nu Ail!s in * ] Part repealed by t 2 1 Geo. 2 WHEREAS the Perfon who, in the Life of the late King James, pretended to be Prince of Wales, and fince his Deceafe has taken upon him the Stile and Title of King of England, "f"j'. " ' by the Name of James the third, and King of Scotland, by the Name of James the Eighth, or the Stile and Title of King of Great Britain, being bred in the Principles of Popery and Tyranny, has pre- ' fumed to declare his Intention to make an Invafion upon Scotland, or fome other Part of his Majefty's- ' Kingdom of Great Britain, or his other Dominions, meaning to feduce his Majefty's Subjects from their ' Duty and Allegiance, and to overturn the Settlement of the Succeflion in the Proteftant Line, upon ' which the Subverfion of the reformed Religion in thefe Kingdoms, and Ruin of the Liberty of the Sub- ' ject muft follow of neceffary Confequence : And whereas in fuch Conjuncture efpeciaHy, it is moft juft

  • to punifh rebellious Subjects, and at the fame Time to reward fuch as continue firm and loyal to his Ma-

Perfons holding ' jefty's Perfon and Government;' Therefore be it enacted by the King's moft Excellent Majefty, by Se°danrf C in° zn ^ i . wlt ^ the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Propert/or Su- Parliament affernbled, and by Authority of the fame, That if any of his Majefty's Subjects of Great Bri- periority, and tain, having Lands or Tenements in Scotland, in Property or Superiority, has been or fhall be guilty of adhering to the High Treafon, by holding, entertaining, or keeping any Intelligence, or Correfpondence in Perfon, or bTbl"' Ihe ^ betters, Mefl'ages, or otherwife, with the faid Pretender, or with any Perfon or Perfons imployed by Pains &c°. d' ^' m ' knowing fuch Perfon to be fo imployed, or fhall, by Bill of Exchange or otherwife, remit or pay HighVreaion. any Sum or Sums of Money for the Ufe or Service of the faid Pretender, knowing fuch Money to be for- fuch Ufe or Service, and that whether the faid Facts or Things be done within or without this Realm, or has been or fhall be adherent to the faid Pretender in this Realm, giving him Aid or Comfort in this Realm,, or elfewhere, every fuch Offender, who fhall be thereof duly convicted and attainted, fhall be liable to the Vafials holding Pain?' Penalties ' and Forfeitures for High Treafon, all and every Vaffal and Vaffals in Scotland, who fhall Lands of fuch continue peaceable and in dutiful Allegiance to his Majefty, his Heirs and Succeffors, holding Lands or Offender fhall Tenements of any fuch Offender who holds fuch Lands or Tenements immediately of the Crown, fhall hold them of be vefted and feized, and are hereby enacted and ordained to hold the faid Lands or Tenements of his Ma- the Crown. jefty, his Heirs, and Succeffors, in Fee and Heretage for ever, by fuch manner of holding as any fuch Of- And 1 if fuch tender held fuch Lands or Tenements of the Crown at the Time of the Attainder of fuch Offender; and irfany Regality w ' lere Lands or Tenements belonging to any fuch peaceable and dutiful Subjects to his Majefty, his Heirs theyihali be ' °f Succeffors lie within any Regality or Conftabulary in Scotland, the fame fhall be and they are hereby difihlved there- diffolved from every fuch Regality or Conftabulary for ever; and in like manner all and every Tenant from. and Tenants in Scotland, who fhall continue peaceable and in dutiful Allegiance to his Majefty, his Heirs Tenaritfconti-' anc * Succeffors aforefaid, bruicking and occupying any Lands, Milns, Mines, Woods, Fifhings or Te- nuing dutiful nements, as Tenant or Tenants, Taxman or Taxmen, from and under any fuch Offender fhall, and they to his Majefty are hereby ordained to bruick and occupy all and every fuch Lands, Mines, Milns, Woods, Fifhings and fhall hold their Tenements, for the Space of two Years or Crops, to be accounted from and after fuch Attainder, freely, Perfonsfttairi- w ' tnout Payment of any Rent, Duty, or Service for the faid two Years or Crops; and the Court of Ex- ted r without a pay- cnet l uer ' n Scotland is hereby authorized and required, on Production of any fuch Attainder, to revife,. ing any Rent, compound and pafs Signatures, and that without paying any Composition in favours of every fuch Vaffal &c.for2 Years, or VaoTals, and his, her, or their Heir or Heirs of the faid Lands and Tenements above-mentioned re- Exche<juer m fpedtively, to be holden of his Majefty, his Heirs and Succeffors, in Fee and Heretage forever, and by Si^Mture^inFa 3 - *" ucn Holdings as is above-mentioned, with Claufes of Nova damns, and (where fuch Lands or Tene- vour of fuch ments hold Waird or Few cum Maritagio, or with Claufes irritant) with Change of Holdings from Waird Vafflils without to_ taxed Waird, according to the Rules now obferved in the Court of Exchequer in Scotland, difpenfing. anyCompofi- w ith Recognition and Claufes irritant in Favours of the Crown in Time coming, in the moft ample and tion. t,eft Form, to the End that Chartours and Infeftments may be thereupon duly exped. The Lands of _ II. And be it further enacted by the Authority aforefaid, That if any Subject of Great Britain, hold- Tenants^gu.hy j ng Lands or Tenements of a Subject fuperior in Scotland, has been or fhall be guilty of fuch High Trea- «:ognofce'inro f° n ° r Treafons, as aforefaid, every fuch Offender, who fhall be thereof duly convicted and attainted, the Hands of fhall be liable to the Pains, Penalties and Forfeitures for High Treafon, and his Lands or Tenements held the Superiors, of any Subject fuperior in Scotland, fhall recognofce and return into the Hands of the Superior, and the Pro- By 5 Geo. i. p er ty f] ia u be and is hereby confolidated with the Superiority, in the fame manner as if the fame Lands or Te- •"• s* IC * - nements