The estates of parliament, now convened in this sixth session of the first triennial parliament, taking into their serious consideration the great hurt and prejudice that may come to the good cause now in hand and to the peace of the country and what evil example it may be in time coming if no further assurance nor certification shall be put upon those who have come off the rebellion upon passes and acted themselves for their good behaviour but only the incurring of the penalties and sums under which they are acted for their good behaviour, albeit thereafter they either have joined or shall join themselves to the rebels and enemies of this kirk and kingdom either personally or by advice and correspondence, or have allowed or shall allow their men to go with the rebels, the said estates of parliament, for remedy hereof and for encouraging those who have been faithful and loyal to the cause and country and to continue therein and for the terrifying of others from attempting and doing of any thing to the prejudice thereof, find, declare, statute and ordain that those who have come off the rebellion upon passes and acted themselves for their good behaviour and thereafter have joined or shall join themselves personally to and with the rebels, the enemies of this kirk and kingdom and peace thereof, are and shall be in the same condition as if they had not received a pass and that they have thereby forfeited and lost the benefit of their said pass as if the same had never been granted to them; and also find, declare, statute and ordain that those who have come off the rebellion upon passes and acted themselves for their good behaviour as said is and shall hereafter at any time within the space of 15 days after the publication of this act at the market crosses of Edinburgh, Aberdeen, Dumbarton, Stirling and Perth join themselves to or with the rebels by advice or correspondence, or shall allow their men, tenants or servants to go with the rebels, shall likewise be in the same condition as if they had not received a pass and that they have thereby forfeited and lost the benefit of their said pass, as if the same had never been granted to them, and declare the same pass in either of the cases respectively above-written to be null and ineffectual from the beginning and in time coming with all that has followed or may follow thereupon, and ordain public proclamation to be made hereof at the market crosses of the burghs respectively above-written, that none pretend ignorance of the same.
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The estates of parliament, having taken into their consideration the two queries underwritten represented to them from the committee for processes and monies (with the opinion of the grand committee relating thereto), namely: Whether or not an apparent heir shall have allowance in his fine of the annualrents of such sums as the father has burdened the land with by infeftments which presently pays no annualrent and are to be paid when the apparent heir enters to the estate. Secondly, whether or not casual rent shall be accounted as a part of the rent to which the apparent heir is to succeed to, and if he should be fined accordingly. They, after debate and voting, for answer to the first query find that the apparent heir should have allowance in his fine of the annualrents of such sums as the father has burdened the land with by infeftments before the act of fining and which for the present pays no annualrent, but are to be paid when the apparent heir enters to the estate; and for answer to the second query, find that in the particular concerning [George Seton], lord Seton he may be fined in relation to the half of the casual rent pertaining to his father, according to the valuation thereof in the shire where the same is.