Page:The Laws and Acts of Parliament of Scotland.djvu/692

1 1 8 The fecond^ Parliament of dSLehb , upon threcfcore dayes. And that all Citations that fliall be made ufe of for Interruptions , whethd in real or perfonal Rights, be renewed every feven years, otherwayes toprefcrive; Except the parties b e Minors : in which cafe this Adt is not to be extended againft them ; during the years of their Minority. / XL ACT concerningthe forfeiture of perfons in the late Rebellion. T)ecember 15-. 1669. o, UR SOVERAIGN LORD and his Eftates of Parliament, having confidered the Proc&fs of Trea- 'fon, purfued and deduced at the inftance of Sir John Nisbet olT)irleton, His Majefties Advocat, By Warrand and Order of his Majefties Privy Council before the Juftice , againft the perfons after-mentioned, for their treafonable rifing in Armes , and being in , and having acceffion to , the late Rebellion in the Weftern- Shires, in the year of our Lord , onethoufand, fix hundred , and fixty fix ; with the Libels , Interloquiturs, Probations, Depofitions of Witneffes , and the verdicts of Inquefts and dooms of Forfeitures proceeding thereupon: Do find, that the Juftice and their AflelTbrs appointed by the Council in the faid Procefs , in finding the faid Libels to be relevant , and admitting the fame to the knowledge of Inquefts ; and the forefaid Inquefts in finding the fame to be verified and proven, and in giving their verdifts and dooms of Forfeiture thereupon refpeftive ; Have proceeded juftly and warrantably upon relevant Libels, and clear evidences and probation; And therefore , do Ratifie and Approve their proceedings, Interloquiturs,, verdids and refpefti ve Dooms and Sentences of Forfeiture given and pronounced by 1 hem in the faid Procefs , viz. The Sentence and Doom of Forfeiture pronounced againft Colloncl James Walace, Jofeph Lermonth , M'kclel- lanofBarfcobe, MiJohnlVelfh, Mr James Smith, PatrickhisJouninCalder, William Lislon his Son, WilhamPorterfieldoi^uarreltoun, pronounced upon the fifteenth day of Auguft, in the year of God, one thoufand.fix hundred, and fixty feven years ; And the other Sentence and Doom of forfeiture pronounced againftWilliamMuir of Caldwell, Caldwell, eldeft Sone to the Good-man of Caldwel, Robert KerofKerJland, Mx.JohnCunninghameofBedland,AlexanderPorterfield, brother to Quareltoun, John CMaxwel of Monreiih younger , CMcklellan of ' Belmagahan , Mr Gabriel Semple, Mr John Guthery, Mr Alexander Pedan, Mr William Veitch, Mr John Crook/hanks, Patrick Mckna&ght in Cumnock, uponthefixteenthdayofc^g^/?, in the faid year of God, one thoufand, fix hundred, and iixty feven years: And Decerns and Ordains the faids Procefs and Dooms and Sentences of Forfeiture forefaid , to be valid and effectual to all intents and purpofes , notwithftanding that the faids perfons found guilty and convicted of the crimes forefaid, did not compear in the faids Procefs; And Declares, that the faid Sentence and Dooms of Forfeiture fliall be of als great force and ftrength, as if the faids perfons had .compeared, or the fame had been pronounced in Parliament. And his Majefty, with confent forefaid , doth Approve His faid Advocats fervice in the faid affair. And in refpeft it were againft reafon and juftice, that when any perfon or perfons are accufed of high Treafon, for rifing in Armes againft his Majefty or His Authority, when they are cited to underly the Law before the Juftice, if they do not appear, that their abfence and contumacy, which ought to be an aggravation , if any can be, of fo high and horrid a crime, ftjould be of any advantage to them: Therefore, his Majefty , with confent forefaid, doth Statute and Ordain, that in time coming in all fuch cafes of treafonable rifing in Armes , and open and manifeft Rebellion againft His Majefty or his Succeflbrs and their Authority , his Majefties Advocat for the time, may and ought to infift againft, andprofecut fuch perfons as he fliall be ordered by his Majefty or his Privy Council to purfue: And if they be cited and do not appear, the Juftice notwithftanding of their abfence, may and ought to proceeed to confider , and give their Interlo- quiturs upon the Libel; and if it be found relevant, to admit the fame to the knowledge of an Affize, and upon the verdict of the Inqueft, finding the fame to be proven, the Doom and Sentence of For- feiture ought to proceed , and be given and pronounced in the fame manner , as if the perfons accufed had compeared and were prefent. And his Majefty , with confent forefaid , doth remit to the Juftice- General , Juftice-Clerk or Juftice- Deputes , the Summons and Procefs of Treafon , intended at the in- ftance of his Majefties Advocat , againft certain perfons therein mentioned , for their acceffion to die faid Rebellion, and depending before his Majefty and the Eftates: With power to them to proceed, notwithftanding of the abfence of the faids perfons; And if the faids Summons be found relevant and proven by the verdict of the Inqueft , to pronounce the Sentence and Doom of Forfeiture thereupon. ACT