Pagina-afbeeldingen
PDF
ePub

the progress of the Rebellion.

ment, and four regiments of dragoons, 200 men to a regiment; so that the forces at Stirling were only 1500 men.

This place being secured, Government immediately ordered the regiment of Dragoons belonging to the Earl of Stair, with two regiments of Foot which lay in the north of England, to march thither with all expedition.

At the same time, letters were sent over to Holland, requesting the 6000 men, which, by the treaty of guarantee, the Dutch were to send; and though they had accordingly ordered the Scottish battalions in their service to move towards the coasts, to be in readiness to embark for Great Britain, if occasion required, and two of them were on their march from Mastricht to Ipris, by the 10th of September; yet upon the repeated assurances the French ambassador had given them, on the part of his court, that the French King had no thought of breaking the treaty of Utrecht, by sending the Chevalier to England, they suspended their naval armament, and delayed sending over their forces till they were again demanded.

Some time before the encampment at Stirling, his Majesty sent orders to the I ords of Justiciary, to cause apprehend and secure some disaffected men in Scotland; and, at that time, Mr Lockhart of Carnwath, the Faris of Hume, Wigton, and Kinnoul, Lord Diskford, eldest son of the Earl of

Patriotic measures for preventing

Seafield, and Findlater, were apprehended, and sent prisoners to the castle of Edinburgh. The rest, contained in the list, retired to their lurking places, and some of them directly to their associates in the north.

On the 30th of August, the Act for encouraging loyalty in Scotland, which Parliament had passed a few days before, received the royal assent. This Act being too long for insertion, I shall only transcribe those paragraphs which I deem necessary:-' That if any of his Majesty's subjects of Great Britain, having lands or tenements in Scotland, in property or superiority, has been, or shall be, guilty of high treason, by keeping correspondence with the Pretender, in person, or by letters, messages, or otherwise, or with any person or persons they know to be employed by him, or by adhering to, or giving him any aid or comfort in this realm or elsewhere, every such offender who shall be thereof duely convicted and attainted, shall be lyable to the pains, penalties, and forfeitures, for high treason. And that all and every vassal or vassals in Scotland who shall continue peaceable, and in dutiful allegiance to his Majesty, his heirs, or successors, holding lands or tenements of any such offender, who holds such lands or tenements immediately of the crown, shall be invested and seised, and are thereby enacted and ordained to hold the said lands or tenements

the progress of the Rebellion.

of his Majesty, his heirs and successors, in fee and heritage for ever, by such manner of holding as any such offender held such lands or tenements of the crown, at the time of the attainder of such of fender; and that if any of these lands ly within any regality or constabulary in Scotland, they are thereby dissolved therefrom.

And, in like manner, all and every tenant or tenants in Scotland, who shall continue peaceable, and in dutiful allegiance to his Majesty, his heirs and successors, bruiking and occupying any lands, mills, mines, woods, fishings, or tenements, as tenant or tenants, tacksman or tacksmen, from, and under, any such offender, shall, and are thereby ordained, to bruik and occupy all and every such lands, mills, mines, woods, fishings, and tenements, for the space of two years, or crops, from and after such attainder, freely, without payment of any rent, duty, or service, for the said two years, or crops.

And it is further enacted, that if any subject of Great Britain, holding lands or tenements of a subject superiour in Scotland, has been, or shall be guilty of such high treason or treasons, as aforesaid, every such offender who shall be thereof duly convicted and attainted, shall be liable to the pains, penalties, and forfeitures, for high treason; and his lands or tenements, held of any subject superior in Scotland, shall recognosce and return inNo. V. 2 L

Patriotic measures for preventing

to the hands of the superiour, and the property shall be consolidated, with the superiority, in the same manner as if the lands or tenements had been, by the vassal, resigned into the hands of his superior, ad perpetuam permanentiam.

And in case any tenant or tenants, tackṣman or tacksmen, bruiking and occupying any lands, mines, mills, woods, fishings, or tenements, being guilty of high treason or treasons, as aforesaid, and shall thereof be duly convicted and attainted, the title by which all and every such tenant or tenants, tacksman or tacksmen, does bruik and occupy, as aforesaid, shall cease, and become void; and the lands, mines, mills, fishings, and tenements, so bruiked and occupied, together with the single, or life-rent escheat of such tenant or tenants, tacksman or tacksmen, shall return to, and be enjoyed and possessed by, the person or persons from or under whom such title is derived, respectively, who shall continue peaceable and dutiful to his Majesty, his heirs and successors.

[ocr errors]

And, for preventing frauds, or collusion, in order to avoid this act, it is farther enacted, that if the superiors, vassals, or tenants, to whom the lands, mines, mills, woods, fishings, and tenements above-mentioned, are declared and ordained to belong, shall not, within six months, to be reckoned from the time of the attainder of the of fenders, respectively obtain themselves infeft, (in

the progress of the Rebellion.

manner expressed in the said act) or do diligence really, and without collusion, for attaining possession; in every such case, the forfeitures shall belong to his Majesty, his heirs and successors, provided always, that none of his Majesty's subjects, whether superiour, vassal, or tenant, shall have the benefit of this act, excepting such, who, being lawfully called out, or required to join with his Ma-. jesty's host, in opposition to the said Pretender, or his adherents, shall do the same; or who (not being so called out or required) shall continue peaceable, and dutiful to his Majesty, his heirs and suc

cessors.

And whereas, there is reason to believe that several persons, intending to commit high treason or treasons, as aforesaid, have made taillzies, entails, and settlements of their estates, in favour of their children, or other heirs; conveyances, securities, or alienations of any estates or inheritances, made in Scotland, in the name of whatsoever. person or persons, since the 1st day of August, 1714, or that shall be made there in time coming, by any person or persons who shall be convicted and attainted of any such high treason or treasons aforesaid, shall be, and they are hereby declared, void and null, to all intents and purposes; excepting such deeds, securities, and alienations, as have been made since the time aforesaid, or shall be made there in time coming, for just and onerous

« VorigeDoorgaan »