Legislation
Act concerning the pardoning and restoring the children of forfeited persons

The lord commissioner, having represented to the parliament that his majesty, conceiving that the act passed in the second session of this parliament upon 9 September last, anent treasonable actings, does in some clauses thereof encroach upon his majesty's royal prerogative and power of pardoning the sons of persons forfeited for treason, was desirous that these clauses should be expunged out of the act, the parliament does, with all humble duty and thankfulness, acknowledge this renewed testimony of his majesty's grace and favour, not to have the least bar or stop in the way and current of his royal bounty, mercy and pardon to his subjects and do declare, as it was far from their meaning that there should be any encroachment upon his majesty's prerogative therein, so they do cheerfully rescind and annul all clauses in that act which do or may seem to encroach upon his majesty's power of pardoning the sons of forfeited persons, or which may stop addresses or petitions to his majesty for that effect, and ordain the act to be renewed in the terms following, and the former to be void and extinct, except in so far as it is renewed in this act hereunto subjoined.

The estates of parliament, being truly sensible of the great happiness this kingdom does now enjoy under his majesty's government and the great obligations thereby lying on them to express all possible care and zeal for the preservation of his majesty's person, authority and government and for securing of the same against all attempts and practises to the hurt and prejudice thereof, and in order thereto, considering that the indulgence of princes towards the children of traitors has often proven a means to enable and encourage them to persist in the wicked and traitorous ways of their forbears, and that experience thereof in former times within this kingdom has, in several cases, occasioned the establishing of good laws against the same, and that duty, being as necessary and pressing at this time when religion and pretended tenderness of conscience has been made a cloak for disloyalty and rebellion, therefore the king's majesty, with advice and consent of his estates in parliament, has statute and enacted and, by this act, statutes and enacts that the treasonable crimes of designing and attempting violence or harm to his majesty's person, or of rising and joining in open rebellion and arms against his majesty's authority and government, or any having commission from his majesty and representing his authority, are to be severely punished in the persons and posterity of such as are guilty thereof and, accordingly, his majesty does, with advice foresaid, declare that whoever has been in this parliament or shall at any time hereafter be found guilty of designs and attempts of violence against his majesty's person, or of rising or joining in open rebellion and arms against his majesty's authority or government, or any having commission from his majesty and representing his authority, that they and their children and posterity are thereby disabled to enjoy honours, dignities, offices, lands, possessions or inheritance within this kingdom, but what they shall receive by his majesty's special favour.

  1. NAS. PA2/28, f.93v-94. Back
  2. NAS. PA2/28, f.94-94v. Back
Act for repairing and upholding a bridge in Clydesdale

Forasmuch as the estates of parliament, understanding the necessity to have a stone bridge built over the River Clyde at Ramelwellcraigs near to the Cold Chapel, and another bridge over Duneaton Water which runs contiguous to the former, there being common high passages and market ways there, and in which diverse persons have at several times perished, that therefore, by their act of 8 March 1661, granted a general recommendation for a voluntary contribution to be collected on this side of the water of Forth for building of the said bridges, and entrusted the collecting thereof and of a small impost, with the building of the bridges, to William Baillie of Littlegill, on whose bounds one of the bridges is to be built, as the said act more fully purports. And the estates of parliament, having still renewed information to given them of the necessity of the said bridges, and that the course aforesaid formerly taken in the first session of this present parliament has altogether proved ineffectual, so that the said William Baillie has upon his own charges begun a good part of the work, which will certainly be useless unless some other more effectual course is taken; therefore, and for the said William Baillie's further encouragement in the building, keeping up and maintaining of the said two bridges, which he has found caution to do, the king's majesty, with advice and consent of his estates in parliament, has appointed that for the space of twenty-seven years after the date hereof the said William Baillie and his heirs shall have the collecting, ingathering and raising of the customs following, namely, of 12d Scots off every horse and load, of 8d Scots off every cow or horse, and 2d Scots off every sheep that shall pass along these two bridges above-written or either of them, or who shall pass that way through the said William Baillie's lands, whether they take the bridge or not, provided always that no single horseman pay anything unless they take the bridge and, if they shall take the same, that they pay 6d Scots conforming to the former act of parliament, and that over and above the voluntary contribution above-mentioned, which his majesty seriously recommends to all his good subjects on this side of the Forth. And to the effect that it may appear what the true expense of the building and holding up of these bridges will amount to, and to the end that the work is neither neglected nor the country unnecessarily overburdened, it is hereby appointed that the said William Baillie shall cause a survey to be taken of the foresaid works by his majesty's master of works or by John Milne, master mason, that an estimate being made by them of what the expense of the building and keeping up of these bridges will amount to; and the same being compared with the sum that shall accrue by this imposition, the lords of his majesty's privy council, after consideration of both, may either prorogue or diminish this imposition, as they shall think fit.

  1. NAS. PA2/28, f.93v-94. Back
  2. NAS. PA2/28, f.94-94v. Back