Holyrood from the duty, Corporation able with debts contracted in mifapplication or embezilment, in the fame form, manner and way, and under the fame provifoes, as is before directed in reJation to profecutions at the fuit of the burgeffes, and that with or without any confent of the overfeers. XXXIV. Provided, That nothing in this act fhall be construed to subject any ale or beer, brewed and confumed within the precincts of Holyrood House and castle of Edinburgh, to the above duty and impofition. XXXV. Provided alfo, That no fums or debts contracted or borrowed in purfuance of this act, and for the ufes and pureftates charge. pofes above recited, fhall any ways affect or be a charge upon the estates personal or real of any of the burgeffes or inhabitants of the faid city of Edinburgh; but nevertheless, that the debts pursuance of lawfully contracted in pursuance of this and the other acts in part recited, fhall and may be lawfully charged upon the property and personal estate belonging to the faid city of Edinburgh and body corporate thereof; any law or ftatute to the contrary notwithstanding. this act. Eftates of magiftrates anfwerable for mifapplica tion. XXXVI. Provided alfo, That the estate perfonal or real of any magiftrate or counfellor, who fhall be convicted to be guilty of any malverfation done or committed contrary to the true intention of this and the acts in part recited, fhall be fubject to refund and repay fuch damage as fhall be adjudged to have been incurred by fuch malverfation, at the fuit of any of the perfons, who by this act are impowered to fue or profecute the magiftrates and council of the faid city in cafe of malverfation. or mifapplication of the duties arifing by this and former acts in part above recited. XXXVII. And whereas by the faid recited act of parliament of the third year of his prefent Majefty's reign it is enacted, That from and after the first day of July one thousand seven hundred and twenty three certain dues, paid and commonly. known by the name of Petty-port customs, payable at the ports of the faid city of Edinburgh, fhould be difcontinued and cease during the continuance of that act, and no longer; be it further enacted by the authority aforefaid, That the faid dues and discontinued petty cuftoms shall be discontinued and cease during the conduring this tinuance of this act, and no longer; any thing in this act or any other act of parliament, or any ufage or custom to the contrary notwithstanding. Petty cuftoms act. Annual payments, how XXXVIII. And it is hereby further enacted and declared, That the annual payments before-mentioned, with which the long to con- aforefaid impofition is burdened by this act, fhall continue and endure only till the first day of July which fhall be in the year of our Lord one thousand seven hundred and fixty one, and no longer; any thing in this act or in any other act to the contrary notwithstanding. tinue. This a publick XXXIX. And be it further enacted by the authority aforefaid, That this act shall be deemed and taken to be a publick See 1 Geo. 2. act, of which notice shall by all courts in this kingdom be ju act. C. 22.. dicially dicially taken, and all judges, juftices and other perfons are 26Geo.2.c.36. hereby required to take notice of it as fuch. CAP. XV. An act to inflict pains and penalties on John Plunket. WE F 3 3 keeper whereof, the faid John Plunket fhall from time to time be committed, in purfuance of this act, by warrant under the hand and seal of any secretary of state of his Majetty, his heirs or fucceffors: which warrant or warrants any fecretary of state for the time being, is hereby authorized and impowered to make; and that the faid John Plunket fhall forfeit to his Majefty all his lands, tenements, hereditaments, goods and chattels whatsoever. II. And for more fure detaining the faid John Plunket in fafe cuftody, be it further enacted by the authority aforesaid, That if the faid John Plunket fhall break fuch gaol or prison to which he fhall be fo committed, or fhall escape out of the cuftody of the perfon in whofe cuftody he fhall be by virtue of fuch commitment, that then the faid John Plunket, and all and every perfon and perfons whatfoever, who fhall be aiding or affifting the faid John Plunket in breaking fuch gaol or prifon, or in making fuch escape, as aforesaid, or who fhall by force take or rescue the said John Plunket out of fuch cuftody, gaol, or prifon, during the continuance of his imprisonment by virtue of this act, being thereof lawfully convicted, fhall be adjudged guilty of felony, and fhall fuffer death as in case of felony, without benefit of clergy. CAP. XVI. An act to inflict pains and penalties on George Kelley alias WHEREAS in the years one thousand seven hundred and twenty one, and one thousand feven hundred and twenty two, a deteftable and horrid confpiracy was formed and carried on by divers traitors for invading your Majefty's kingdoms with foreign forces, for raifing an infurrection and rebellion against your Majefty, for feizing the tower and city of London, and for laying violent hands upon your Majesty's most facred perfon, and upon his royal highness the prince of Wales, in order to fubvert our present hoppy establishment in church and flate, and to place a popish pretender on your throne: and whereas for the better concealing and effecting the faid confpiracy, divers treasonable corespondencies were, within the time aforefaid, carried on by letters written in cyphers, cant words and Fictitious names; which confpiracy, had not Almighty God in his great mercy disappointed the fame, would have deprived your Majesty's kingdoms of the enjoyment of their religion, laws and liberties, involved them in blood and ruin, and fubjected your people to the bondage and oppreffion of Romish fuperftition and arbitrary power : for which execrable treafen Chriftopher Layer hath been indicted, tried, convicted and attainted. And whereas George Kelley alias Johnfon hath been a principal actor in the faid horrid and deteftable conSpiracy, by traiterously confulting and corresponding with divers perfons to procure a foreign force to invade this kingdom, and to raise an infurrection and rebellion against your Majesty within the fame, with defign to depofe your Majesty, and place the pretender on your throne; for treasonable practices in which confpiracy the faid George Kelley C Kelley alias Johnson being arrested, and divers papers then found about him feized, in pursuance of a warrant under the hand and Seal of one of your Majefty's principal fecretaries of ftate, for feizing and apprehending him the Jaid George Kelley alias Johnson, together with his papers, and the said George Kelley alias Johnson being in custody of a messenger by virtue of the faid warrant, did by force and violence, with a drawn fword, make an assault upon and refift the faid messenger, with an intent to deftroy the faid papers, and did burn the fame: therefore to manifest our just abhorrence of fo wicked and abominable confpiracy, and our zeal and tender regard for the prefervation of your Majefty's perfon and government, and of the proteftant fucceffion in your Majefty's royal family, the folid foundation of our present happiness and future hopes; and to the end that no confpirator may, by any contrivance or practice whatfoever, efcape punishment, and that all perfons may by the juftice of parliament be for ever hereafter deterred from engaging in any traiterous confpiracies or attempts, we your Majesty's most dutiful and loyal fübjects, the lords fpiritual and temporal and commons in parliament affembled, do humbly befeech your Majefty, that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons in parliament affembled, and by the authority of the fame, That the faid George Kelley alias Johnfon fhall be detained and kept in clofe and fafe cuftody, without bail or mainprize, during the pleasure of his Majefty, his heirs and fucceffors, in any gaol or prifon within the kingdom of Great Britain; to the cuftody of the gaoler or keeper whereof, the faid George Kelley alias Johnfon fhall from time to time be committed, in purfuance of this act, by warrant under the hand and feal of any fecretary of state of his Majefty, his heirs or fucceffors: which warrant or warrants any fecretary of state for the time being, is hereby authorized and impowered to make; and that the faid George Kelley alias Johnson shall forfeit to his Majefty, all his lands, tenements, hereditaments, goods and chattels whatsoever. II. And for the more fure detaining the faid George Kelley alias Johnson in fafe custody, be it further enacted by the authority aforefaid, That if the faid George Kelley alias Johnson hall break the gaol or prifon to which he fhall be fo committed, or fhall escape out of the cuftody of the perfon in whofe cuftody he fhall be by virtue of fuch commitment, that then the faid George Kelley alias Johnson, and all and every perfon and perfons whatsoever, who fhall be aiding or affifting the faid George Kelley alias Fohnfon in breaking fuch gaol or prifon, or in making fuch efcape, as aforefaid, or who thall by force take or refcue the faid George Kelley alias Johnson out of fuch cuftody, gaol, or prifon, during the continuance of his imprisonment by virtue of this act, being thereof lawfully convicted, fhall be adjudged guilty of felony, and fhall fuffer death as in cafe of felony, without benefit of clergy. CAP. XVII F 2 CAP. XVII. An act to inflict pains and penalties on Francis lord bishop of Rochester. WHE HEREAS in the years one thousand seven hundred and twenty one, and one thousand feven hundred and twenty two, a deteftable and horrid confpiracy was formed and carried on by divers traitors for invading your Majesty's kingdoms with foreign forces, for raifing an infurrection and rebellion against your Majefty, for feizing the tower and city of London, and for laying violent hands upon your Majesty's most facred perfon, and upon his royal highness the prince of Wales, in order to fubvert our present happy establishment in church and ftate, by placing a popish pretender on your throne: and whereas for the better concealing and effecting the faid confpiracy, divers treafonable correfpondencies, were, within the time aforejaid, carried on by letters written in cyphers, cant words, and fictitious names; which confpiracy, had it not been difappointed by the goodness of Almighty God, would have deprived your Majesty's kingdoms of the enjoyment of their religion, laws and liberties, involved them in blood and ruin, and fubjected your people to the bondage and oppreffion of Romith fuperftition and arbitrary power: for which execrable treafon Christopher Layer hath been indicted, tried, convicted and attainted. And whereas Francis lord bishop of Rochefter, notwithstanding the many folemn affurances by him given of his faith and allegiance to your Majesty, by taking the caths by law appointed to be taken instead of the oaths of allegiance and fupremacy, which oaths he had likewife taken at fundry times, during the refpective reigns of their late majefties King William and Queen Mary, and of her late majesty Queen Anne; and notwithstanding he had frequently abjured the pretender, hath, in direct violation of his faid repeated oaths and obligations, and to the great fcandal of religion, and his holy function, been deeply concerned in forming, directing and carrying on the faid wicked and deteftable confpiracy, and hath been a principal actor therein, by traiterously confulting and corresponding with divers perfons to raise an infurrection and rebellion against your Majefty within this kingdom, and to procure a foreign force to invade the fame, in order to depofe your Majesty, and place the pretender on your throne; and by traiterously correfponding with the faid pretender, and perfons employed by him, knowing them to be fo employed therefore to manifeft our juft abhorrence of fo wicked and abominable a confpiracy, and our zeal and tender regard for the preservation of your Majesty's perfon and government, and of the proteftant fucceffion in your Majefty's royal family, the folid foundations of our prefent happinefs and future hopes; and to the end that no confpirator may, by any fubtil contrivance or practice whatsoever, escape punishment, and that all others may by the juftice of parliament be for ever hereafter deterred from engaging in any traiterous confpiracies or attempts, we your Majefty's moft dutiful and loyal fubjects, the lords fpiritual and temporal and commons, in parliament affembled, do humbly beseech your Majesty, that it may be enacted; |