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B05252 Laws and acts past in the second [i.e. third] session of the first Parliament, of our most high and dread soveraign, Charles the second, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith. Holden at Edinburgh, from the eighteenth of June, 1663. to the ninth of October thereafter, on which day the Parliament was dissolved; by a noble lord, John Earl of Rothes, Lord Lefly and Bambreith ... / with special advice and consent of the Estates of Parliament.; Laws, etc. Scotland.; Rothes, John Leslie, Earl of, 1630?-1681.; Scotland. Convention of Estates. 1663 (1663) Wing S1273A; ESTC R183990 41,021 57

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moveables And His Majesty with advice foresaid doth hereby authorize and require the Lords of His Majesties Privy Council to be carefull to see this Act put to due execution and for that end to call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by him so attested shall be given up to the Council as transgressors of this Act in with-drawing from their Paroch Churches as aforesaid and the same after hearing of the parties being duly found to decern and inflict the censures and penalties above-mentioned and such other coporal punishment as they shall think fit and direct all execution necessary for making the same effectual and to do every other thing they shall find necessary for procuring obedience to this Act and putting the same to punctual execution conform to the tenor and intent thereof II. Additional ACT concerning the Declaration to be signed by all persons in publick Trust FOrasmuch as by an Act past in the second Session of this Parliament on the fifth of September last concerning the Declaration to be taken by all persons in publick Trust It is remitted to His Majesties Commissioner to take such course as he should think fit how these who are presently in Office may subscribe the Declaration And the King's Majesty being resolved that all in publick Trust should without further delay sign the same But considering that in this vacand time many of the Courts of Justice do not sit so as some longer time must be allowed unto them Therefore the King's Majesty with advice and consent of His Estates in Parliament Statutes and Ordains all persons who enjoy or possess any publick Trust or Office within this Kingdom as Officers of State Members of Parliament Privy Councellors Lords of the Session Commissioners in Exchequer all Members of the Colledge of Justice Sheriffs Stewarts Bailies of Regalities Commissaries Justices of Peace and their respective Deputes and Clerks and all who enjoy any other publick Charge Office or Trust within the Kingdom to subscribe the Declaration hereunto subjoyned in presence of the several Courts they relate to betwixt and the eleventh of November next to come or sooner as they shall have occasion or be required thereto by His Majesties Council Discharging hereby all such of them who shall not sign the same as said is to exerce any publick Trust or Office within the Kingdom after the said eleventh of November And that a speedy account may be returned hereof It is hereby Ordained that the Sheriffs in the several Shires be carefull in requiring due obedience to this Act and that they and all others concerned therein make report thereof to His Majesties Council betwixt and the first of January next to come And seing the election of the Magistrates and Council of Burghs will occur about Michaelmass next and that some disaffected persons in Burghs having none or small advantages by their Magistracy may upon account of this Declaration refuse to accept any Charge or Trust It is therefore by His Majesty with advice foresaid Statute That at the next ensuing election of Magistrates within Burgh all such persons who shall continue in or be of new elected to be Magistrates Clerks or of the Council of Burghs shall at such their elections if they be present or otherwise how soon thereafter they shall be required thereto by those who did elect them sign the Declaration aforesaid Declaring hereby all who shall refuse or delay the same to be from thenceforth not only incapable of and to have forfaulted the priviledges of a Magistrate but also all the priviledges of Merchandizing Trading and others belonging to a Burgess And that the several Burghs make report of their proceedings therein to His Majesties Council betwixt and the foresaid eleventh of November as they will be answerable upon their duty and alleagiance And for such as shall hereafter be admitted to any publick Trust or Office they are to sign the Declaration in the maner and under the certifications exprest in the former Act of Parliament of the fifth of September And His Majesty doth hereby recommend to the Lords of His Majesties Privy Council to be carefull that these Acts be put to due execution and receive obedience conform to the tenor thereof I Do sincerely affirm and declare that I judge it unlawfull to Subjects upon pretence of Reformation or other pretence whatsoever to enter into Leagues and Covenants or to take up Armes against the King or these Commissionate by Him and that all these Gatherings Convocations Petitions Protestations and erecting and keeping of Council-tables that were used in the beginning and for carrying on of the late troubles were unlawfull and seditious And particularly that these Oaths whereof the one was commonly called The National Covenant as it was sworn and explained in the year one thousand six hundred and thirty eight and thereafter and the other entituled A Solemen League and Covenant were and are in themselves unlawfull Oaths and were taken by and imposed upon the Subjects of this Kingdom against the fundemental Laws and Liberties of the same And that there lyeth no obligation upon me or any of the Subjects from the saids Oaths or either of them to endeavour any change or alteration of the Government either in Church or State as it is now established by the Laws of the Kingdom III. ACT against Protections THe King 's most Excellent Majesty being carefull that the benefit of the Law in the administrations of Justice be free to all His Majesties good Subjects And considering the prejudices many have formerly sustained in the stopping of the course of Justice by the too frequent granting of Protections against personal execution Therefore and for preventing of the like for the future His Majesty with advice and consent of His Estates in Parliament Doth Ratifie Approve and Renew all former Acts of Parliament made against the granting of Protections And Dischargeth the Lords of His Majesties Privy Council Session and Exchequer to grant Protections to any persons against personal execution certifying such as shall grant the same they shall be liable for the debt against which they grant the Protection and all execution shall pass against the havers thereof as if the same had not been granted It is alwayes hereby Declared That notwithstanding hereof it shall be free to the Lords of His Majesties Privy Council Lords of Session and Exchequer and to the Justice-general and his Deputes when any person or persons are summoned and appointed to appear personally before them to give order now as they have been in use formerly to do for suspending personal execution against the persons so summoned and appointed to appear for such few dayes as they may come to give their appearance and during their necessar stay and some few dayes for their return and that according as the saids respective Judges shall find reason upon the particular applications to be made thereupon IV. ACT for the establishment
diets of meeting from time to time and the Committee to take care that the sums thus allotted shall be put into a Stock and setled upon Land or otherwayes by advice of the respective Bishops who are Chancellors of the saids Universities and Ordains the Annual-rent of the said Stock to be proportioned to the Masters and Professors of each University as the Visitors thereof shall appoint And further His Majesty and Estates foresaid do Ordain that Stipends and all Benefices of Kirks that shall vaik after the first day of February in this following year of God one thousand six hundred and sixty four for the space of seven years next there-after shall be up lifed by Collector thereof and imployed by him in the maner and according to the proportions above-specified for encreasing of the Stock of each University Declaring that the fifty two Act of the first Session of this Parliament Concerning the disposal of vacand Stipends shall be of no force during the space of the years foresaid And Ordains Letters of Horning and Poinding and all other execution necessary to be directed at the instance of the saids Bishops or any to be appointed by them and at the instance of the said Collector for the more speedy in-bringing of the sums respective above-mentioned Further His Majesty and the Estates of Parliament do recommend to the Lords of the Privy Council to entertain and promote any voluntary offer or contribution for the ends aforesaid to be made by Noble-men or Gentelemen for a work so worthy of the publick wisdom piety and honour of this Kingdom It is alwayes Declared that this Act shall be without prejudice of Acts past in this Parliament for allowing the vacand Stipends of the Diocess of Isles and Argyl for breeding of young Schollars the sum being regulate by the Committee above-named and that this Act shall be no preparative for laying on any burdens on the Clergy hereafter without their own consent XXIV ACT regulating the proportions of Excise in the several Shires and Burghs THe Estates of Parliament taking to their consideration the grievances represented to them by several Shires and Burghs anent the excessive proportions of Excise laid upon them by the late Act of Parliament and what great burthen the Land-rent of the saids Shires and Burghs lyes under for making up the saids proportions and the great ease which several other Shires have in their proportions And it being just and reasonable that all publick impositions of that nature should be equally distributed upon those lyable in payment thereof Therefore the King's Majesty with advice and consent of the Estates of Parliament Statutes and Ordains that the several Shires and Burghs of this Kingdom shall for the moneths of November and December next one thousand six hundred and sixty three and January one thousand six hundred and sixty four years and in all time thereafter be lyable in the monethly payment of the respective proportions under-written viz. The Shire of Edinburgh principal in the sum of two thousand one hundred and fourty pounds Scots money The Town of Edinburgh in the sum of two thousand nine hundred thirty two pounds The Shire of Haddingtoun in the sum of one thousand two hundred fourscore and eleven pounds The Shire of Berwick in the sum of six hundred and ten pounds sixteen shillings The Shire of Roxburgh in the sum of seven hundred threescore twelve pounds sixteen shillings The Shire of Selkirk in the sum of one hundred fourty seven pounds ten shillings The Shire of Peebles in the sum of one hundred thirty seven pounds ten shillings The Shire of Lanerick in the sum of nine hundred threescore eight pounds eight shillings The Town of Glasgow in the sum of one thousand threescore sixteen pounds four shillings The Shire of Dumfriese in the sum of six hundred fifty six pounds The Shire of Wigtoun and Kirkcudburgh in the sum of seven hundred thirty two pounds twelve shillings whereof the Stewartry of Kirkcudburgh is to pay the sum of four hundred threescore one pounds and the Shire of Wigtoun the sum of two hundred threescore eleven pounds twelve shillings The Shire of Air in the sum of one thousand six hundred thirty nine pounds sixteen shillings The Shire of Dumbartoun in the sum of two hundred fifty four pounds The Shire of Bute in the sum of fifty seven pounds The Shire of Renfrew in the sum of four hundred fifty seven pounds four shillings The Shire of Stirling in the sum of nine hundred and threescore pounds eight shillings The Shire of Linlithgow in the sum of seven hundred fourscore nineteen pounds four shillings The Shire of Perth in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings The Shire of Kincardin in the sum of three hundred threescore three pounds twelve shillings The Shire of Aberdeen in the sum of two thousand four hundred and eighteen pounds nineteen shillings The Shire of Bamff in the sum of four hundred fourty seven pounds three shillings The Shire of Innerness in the sum of seven hundred fourscore fourteen pounds eight shillings The Shires of Elgin and Nairn in the sum of five hundred fourscore sixteen pounds four shillings The Shire of Cromarty in the sum of twenty four pounds The Shire of Argyl in the sum of four hundred fourty three pounds sixteen shillings The Shire of Fife and Kinross in the sum of three thousand six hundred and eight pounds eight shillings The Shire of Forfar in the sum of one thousand twenty four pounds four shillings The Town of Dundee in the sum of seven hundred and eighteen pounds four shillings The Shire of Sutherland in the sum of threescore twelve pounds twelve shillings The Shire of Caithness in the sum of one hundred fifty three pounds four shillings The Shire of Orknay and Zetland in the sum of two hundred fourty three pounds sixteen shillings The Shire of Clackmannan in the sum of two hundred and six pounds two shillings And the Shire of Ross in the sum of two hundred and four pounds money foresaid Any thing in the said Act of Parliament to the contrary notwithstanding which is hereby Declared to be of no force or effect as to the proportions of the said Excise after the said first day of November next XXV An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland FOrasmuch as the Estates of Parliament upon consideration of the great blessings this Kingdom enjoyeth under the protection of His Majesties Authority and the administrations of His Royal Government being thereby not only delivered from their former troubles and all the evils which attend such usurpations but being fully restored to and possest of all the liberties and priviledges of a free people Have by their several addresses to His Sacred Majesty made offer of their lives and fortunes and all that is dearest to them for the advancement of His Royal Honour Authority and Greatness And this
of any part of their Rents whereof they were in possession in the said year thirty seven And although by a special Act of this present Parliament the pretended Parliament holden in anno one thousand six hundred and fourty nine and in the beginning of the year one thousand six hundred and fifty is from the beginning Declared void and null and all that hath followed thereupon Yet nevertheless His Majesty doth with advice foresaid autho rize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or moe appointed by the said pretended Parliament for plantation of Kirks and valuation of Teinds and all execution competent thereupon Excepting such Decreets and Sentences given in favours of Ministers for their Stipends or for dividing uniting annexing or building of Kirks which shall be found to have been unjustly or exorbitantly decerned The determination whereof is hereby referred by His Majesty with consent foresaid to the saids Commissioners that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids Acts Decreets and Sentences as they shall think fitting conform to the Laws Practick and Custom observed preceeding the year one thousand six hundred and fourty nine And Ordains Processes upon supplications to be summarily granted parties alwayes being cited and that without any reduction And it shall be lawfull to the saids Commissioners or quorum foresaid to proceed in all Summons and Actions to be intended for that effect within the space of two years after the first down-sitting of the Commission And whereas it may fall out that some of the saids Commissioners may be un-able to attend the service through death sickness or other known impediment Therefore His Majesty Declares that He shall be carefull to fill their places with other persons qualified whose oaths for faithfull discharge of the same shall be taken by the Lord Chancellor or in his absence by the President of the said Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and the Acts Decreets and Sentences thereof to have the force strength and effect of a Decreet and Sentence of Parliament and the Lords of Session to grant and direct Letters of Horning Poinding and others requisit in maner contained in the foresaids Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heretors who should be willing to buy should have their own Teinds at reasonable rates therefore His Majesty with advice foresaid Statutes and Ordains That all Heretors whose Teinds are not valued excepting as is formerly excepted in this Commission shall have liberty to value and buy the same at such rates as is contained in the Acts of Parliament one thousand six hundred and thirty three With power to the saids Commissioners to augment the saids rates according to the burden of augmentation and others sustained by the Titulars since the saids Acts and the saids Heretors to have the liberty of buying as said is within the space of three years after the valuation With this Declaration alwayes That in case the impediment during the time foresaid flow from the Titular by reason of his minority or other inability in that case the He retor who offers himself ready to buy his own Teind within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space above-exprest And it is Declared that if the Heretor be Minor and his Tutors neglect the buying of his Teinds within the foresaid space the Minor shall have action for two years after his minority to compell the Titular for selling of his saids Teinds And His Majesty with consent foresaid hereby discharges all former Commissions Declaring the same to be expired XXVIII ACT annent penal Statutes THe King 's most Excellent Majesty having out of His grace and goodness to His Subjects granted an full and free Act of Indempnity Pardon and Oblivion for all crimes and offences committed by them relating to the late troubles and more fully exprest in the tenth Act of the second Session of this Parliament And considering that besides these there be divers arbitrary and pecunial pains adjected to penal Statutes which being strictly exacted would prove an heavy burden to the Subjects who may be lyable thereto And His Majesty being desirous now at the close of this His first Parliament that all His good Subjects may find the effects of His mercy as to exceed all former presidents so to be beyond their own expectation Hath therefore thought fit with the advice and consent of His Estates of Parliament by these presents to Discharge Pardon and Remit all contraveeners of any penal Statutes for all deeds heretofore done by them contrary to the tenor thereof Excepting the Statutes concerning the unlawfull taking of Usury transporting of Silver and Gold slaying of red and black Fish and all Acts and Statutes past in this present Parliament which are no wayes discharged by this present Act. XXIX ACT Salvo jure cujuslibet OUr Soveraign Lord and Estates of Parliament considering that in this last Session of this present Parliament many particular Acts and Ratifications have been past wherein divers Clauses may be inserted prejudicial to the rights and interests of several persons albeit it hath alwayes been His Majesties purpose and meaning and the purpose and meaning of the Estates of Parliament in this as in all preceeding Parliaments That all particular Acts and Ratifications general or special howsoever conceived where persons concerned have not been heard for their Interest before the passing thereof should not prejudge private Rights of parties Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all particular Acts and Ratifications whatsoever past in this last Session of this present Parliament shall be interpreted Salvo jure cujuslibet Excepting alwayes an Act and Ratification past in this Session of Parliament in favours of the Duke and Dutchess of Buccleuch of their Contract of Marriage which is Declared by His Majesty and Estates of Parliament no wayes to be comprehended herein Extracted from the Records of Parliament by me Sir ARCHIBALD PRIMEROSH of Chester Knight and Barronet Clerk of His MAjESTIES Council Registers and Rolls A. Primerose Cls. Reg. ATABLE of the Printed ACTS 1. ACt against separation and disobedience to Ecclesiastical Authority Page 3 2. Additional Act concerning the Declaration to be signed by all persons in publick Trust Page 6 3. Act against Protections Page 8 4. Act for the establishment and constitution of a National Synod Page 9 5. Act anentruinous houses in Royal Burghs Page 10 6. Act discharging the importation of Strong-waters c. Page 12 7. Act discharging the mixing of Tin with Lead ibid. 8. Act anent the discharging of Advocations for sums within two bundred merks Page 13 9. Act
Argyl Commission for tryal of the burning the Gates of Drumlanrig Modification and Recommendations for some suffering Ministers Proclamation for the anniversary Thanks-giving Act concerning the Earl of Mortoun and Town of Kirkwall Act for yearly Fairs in Corstorphin Act in favours of Lord Fraser for his Title of Lord Fraser Act betwixt the Lord Burghly and Shire of Fife Act in favours of Alexander Bruce Brother to the E. of Kincarden Act anent the Chapter of Argyl and Glenorchies Protestation against it Act in favours of the Inhabitants of Orknay Act for relief of those who were over-burdened in their Levies in anno 1649. for their concurrence in the Engagement in anno 1648. Act concerning the Ministers of Edinburgh Act rescinding the pretended forfeiture against Harthill Act in favours of the Earl of Perth and others and some monies due to them by the Shire of Perth Commission for the Creditors of forfeited persons Act for keeping the Registers of Session in the Parliament-house Decreet Marquess of Huntly cont Innes Cromarty Rob. Foulis c. Decreet Laird of Haddo contra Lesly Act of dissolution of the Earldom of Orknay Decreet Mackclaud contra Mr. David Drummond c. Decreet Sir James Mackdonald contra Mackconochie Inera Act for changing the Way betwixt the south Ferry and Cramond Act in favours of the Town of Edinburgh Decreet against Archibald Campbel Decreet of forfeiture against Ardkinlass and Ormsay Act in favours of the Lord Lyon Act for an Arch-deanry in the Isles Act in favours of Sir Robert Fletcher Decreet Mrs. Whaley contra Lamintoun Act for changing the Mercat-day in Aberdeen Act in favours of the Town of St. Andrews Act for yearly Fairs to the Earl of Kinghorn the Lord Tarbet the Lairds of Glenorchie and Haddo Act for two Fairs yearly and a weekly Mercat in Dalmeny Act in favours of the Earles of Queensberry and Annandail Decreet in favours of Mr. Thomas Mackenzie Act for building a Meal-mercat in Dumfries Act concerning the Declaration Act containing exceptions from the Act of Indempnity for Fines Act anent the Children and Posterity of forfeited Persons Act in favours of the Countess of Branfurd and Lady Forrester Act in favours of the Lord Mackdonald Act in favours of Lamont Act freeing Bishops Vassals from the charge of Commissioners to the Parliament Commission for rectifying the Valuations of Aberdeen Shire Recommendation in favours of John Mein Decreet Dunolich against Campbel Suspension of publick Debts with References in favours of the Lord Burghly and Lord Carden Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Bishop of Edinburgh Ratification in favours of the Bishop of Galloway Ratification in favours of the Bishop of Brichen Ratification in favours of the Bishop of Argyl Ratification in favours of the Earl of Craufurd and Lindsay Two Ratifications in favours of the Duke of Lenox Two Ratifications in favours of the Earl of Athol Ratification in favours of the Earl of Tullibarden Ratification to Sir John Gilmor of his Lands of Craiglockhart Ratification to the Laird of Morphie Ratification to the Laird of Allardice Ratification to the Laird of Glenorchie Two Ratifications to the Laird of Cromarty Ratification to John Beaton Ratification to the Burgh of Linlithgow Ratification to Sir John Strachan Ratification to Paul Symer Ratification to the Earl of Annandail Ratification to the Earl of Newburgh Ratification to Sir Robert Innes of Muretoun THIRD SESSION ACt concerning the constitution and election of the Lords of the Articles Warrands for personal Protections against Captions for some time to the Lord Sinclar and others Commission for trying of the contrivance and carrying on of the Act of Billeting Decreet and Sentence of forfeiture against Archibald Johnstoun some time of Waristoun Act ratifying the Remission granted to George Campbel Act for annexing some Kirks to the Deanry of St. Andrews Record of the production of the Duke of Monmouth's Patent to be Duke of Buccleuch Act allowing to the Ministers who served before and in the year one thousand six hundred and sixty two the half of the Stipend due for that year Ratification in favours of Sir Peter Wedderburn Act rescinding a former Act past in the last Session of Parliament annent some Fees acclaimed as due to the Lyons Office Act concerning the matter of Billeting and a Letter directed to His Majesty thereupon Act for repairing the High-wayes at the Town of Prestoun Warrand for three Fairs to the Town of Newburgh Act concerning the pardoning and restoring the Children of forfeited persons Angus and Donald Mackclauds declared Fugitives An Imposition for repairing and upholding a Bridge in Clidsdail Warrand for changing the Fair-day of the Town of Clackmannan Reference to His Majesty concerning the Process against Assint Act concerning the Imposition laid on English Commodities Act past in favours of Printers Stationers Silk weavers c. Act for changing of the name of Souter of late used by some of name of Johnstoun Act for an Imposition for repairing the High-way betwixt Corstorphin and the Cow-bridge Warrand for changing the Fair-day of the Town of Nairn Commission concerning the Annual-rents due by persons forfeited by the Usurpers Act Rescinding Annulling and for Razing out of the Records two Acts past in the second Session of this Parliament one for excepting persons from publick Trust and the other for the manner of voting it by Billets Act in favours of Doctor Colvil Act concerning the riding of the Parliament and the Penalties of such as shall be absent from it Decreet betwixt Sir Arthur Forbess and the Lord Cochran Act in favours of Mr. John Wilkie Act anent the vacand Stipends in Argyl and Isles Act for repairing the Bridge of Tullibody Act for the disposal of some vacand Stipends Act for the Bridge of Dalkeith Act for upholding the Bridge of Kippon and for two Fairs at the Kirk of Kippon Act for changing the weekly Mercat of Pettenweym Act in favours of John Halybrunton concerning his Writes Act appointing the Fines to be paid in to any person His Majesty shall appoint Act in favours of the Captain of Dunstaffnage and others Two Fairs yearly to be kept in the Barony of Preston The Fairs ganted to the Town of Whitehorn changed in the dayes and dyets thereof Decreet the Earl of Roxburgb contra Sir John Weymes Act for two Fairs and a weekly Mercat in Stanehyve Act concerning the making of Cairds Recommendation in favours of the Marquess of Montrose Warrand for two Fairs and weekly Mercat to the Laird of Drum Warrand for paying of some debt due by the Shire of Dumfries An Act and Ratification of the Contract of Marriage betwixt the Duke and Dutchess of Buccleuch and Warrand for registrating the Contract Act concerning the Stipend of the Ministers of the Cannongate Remit the Duke of Hamiltoun contra Lady Forrester Warrand for two Fairs and for changing the Mercat-day of the Barony of Skirling Warrand for a yearly Fair on the Brae of Athol Act for a Fair and weekly Mercat on the Lands of Kinudy Act concerning Broomhalls Writes Act for an Imposition for repairing and keeping up the Bridges of Sauchtonhall and Clegorn Remit to the Session concerning the eighty thousand merks claimed from the Burroughs Lamonts Process against George Campbel remitted to the Session Recommendation in favours of some suffering persons Commission for ordering the prices of Offices Writes and Seals Act suspending execution for publick Debts untill the next Parliament Act concerning the Zetland Company of White-fishing remitted to the Council Act for a yearly Fair in Paisla Act for a yearly Fair in the Barony of Caskibon Remit to the Council anent the Act for Trade Warrand for changing a Way near Ledintoun Act for renewing the Justices of Peace Ratification in favours of Sir Andrew Aiton Ratification in favours of the Lords of the Session Ratification in favours of David Souter Ratification in favours of Mr. Alexander Foulis of Ratho Ratification in favours of the Bishop of Aberdeen Ratification in favours of Sir Robert Sinclar of Steinstoun Ratification in favours of Mr. Robert Sinclar of Longformacur Ratification in favours of Thomas Hamiltoun of Bathgate Ratification in favours of William Prestoun of Valifield Ratification in favours of Mr. Robert Prestoun of that ilk Ratification in favours of Michael Balfour of Pitmedden Ratification in favours of James Campbel and his Son Ratification in favours of John Malcolm Ratification of a mortification in Perth Ratification in favours of George Home of Kames Ratification in favours of the Earls of Craufurd and Lauderdaile the Lord Parbroth the Lairds of Hatton and Ardross Colonel Lesly and James Scot of their Gifts of Mines and Minerals Ratification in favours of James Dickson Ratification in favours of the Burgh of Whitehorn Ratification in favours of Sir John and Mr. Alexander Gibson Ratification in favours of the Earl of Rothes Ratification in favours of the Earl of Dumfermline Ratification in favours of Sir John Home of Rentoun Lord Justice Clerk and Protestation for Sir Alexander Home and Wedderburne against it Ratification in favours of Charles Maitland of Haltoun Ratification in favours of William Scot of Ardross Rat. to the Town of Edinburgh of their right to the Citadel Ratification in favours of Captain Lockhart FINIS
LAWS and ACTS Past in the second SESSION of the first PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh from the eighteenth of June 1663. to the ninth of October thereafter on which day the Parliament was dissolved By a Noble Lord John Earl of Rothes Lord Lesly and Bambreith His MAJESTIES Commissioner for holding of the same by vertue of a COMMISSION under His MAjESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1663. CUM PRIVILEGIO HONI SOIT QVI MAL Y PENSE LAWS and ACTS past in the third Session of the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh upon the eighteenth of June 1663. and continued to the ninth of October thereafter I. ACT against separation and disobedience to Ecclesiastical Authority FOrasmuch as the King's Majesty considering the prejudices which did ensue to the Church and Protestant Religion to the Prerogative of the Crown to the Authority of Parliament to the Liberties of the Subject and to the publick Laws and Peace of the Kingdom by the invasions made upon Episcopal Government during the late troubles And finding that Government to be the Church-government most agreeable to the Word of GOD most convenient and effectual for preservation of Truth Order and Unity and most suteable to Monarchy and to the Peace and Quiet of the State Hath therefore with advice and consent of His Estates of Parliament by several Acts past in the second Session of this Parliament restored the Church to it 's ancient and right Government by Archbishops and Bishops and hath redintigrated the estate of Bishops to the exercise of their Episcopal Function and to all the Priviledges Dignities Jurisdictions and Possessions due and formerly belonging thereunto And in further order to the settlement of the Church and bringing the Ministers to a due acknowledgment of and complyance with the Government thereof thus established by Law His Majesty with advice foresaid hath also Statute and Ordained That all these Ministers who entered to the Cure of any Paroch without Right or Presentations from the lawfull Patrons in and since the year one thousand six hundred and fourty nine and should not betwixt and the twentieth of September last obtain Presentations from their several Patrons and Collation from the Bishop of the Diocess where they lived should have no right to the uplifting the Rents of any Benefice or Stipend for the year one thousand six hundred and sixty two but that their Places Benefices and Kirks should be ipso jure vacand And that what ever Ministers should without a lawfull excuse to be admitted by their Ordinary absent themselves from the diocesian Assembly or who should not concur in all the Acts of the Church-discipline as they should be thereunto required by the Archbishop or Bishop of the Diocess should be for the first fault suspended from their Office and Benefice till the next diocesian Meeting and if they amend not should be deprived and the Church and Benefice to be provided as in other cases of vacancies And the King's Majesty having resolved to conserve and maintain the Church in the present State and Government thereof by Archbishops and Bishops and others bearing office therein and not to endure nor give way or connivance to any variation therein in the least Doth therefore with advice and consent of His Estates conveened in this third Session of His Parliament Ratifie and Approve the aforementioned Acts and all other Acts and Laws made in the two former Sessions of Parliament in order to the settling of Episcopal Dignity Jurisdiction and Authority within this Kingdom and Ordains them to stand in full force as publick Laws of the Kingdom and to be put to further execution in all points conform to the tenor thereof And in pursuance of His Majesties Royal resolution herein His Majesty with advice aforesaid doth recommend to the Lords of His Majesties Privy Council to take speedy and effectual course that these Acts receive ready and due obedience from all His Majesties Subjects And for that end that they call before them all such Ministers who having entered in or since the year one thousand six hundred and fourty nine and have not as yet obtained Presentations and Collations as aforesaid yet dared to preach in contempt of the Law and to punish them as seditious persons and contemners of the Royal Authority As also that they be carefull that such Ministers who keep not the diocesian Meetings and concur not with the Bishops in the Acts of Church-discipline being for the same suspended or deprived as said is be accordingly after deprivation removed from their Benefices Glebs and Manses and if any of them shall notwithstanding offer to retain the possession of their Benefices or Manses that they take present course to see them dispossest and if they shall thereafter presume to exercise their Ministry that they be punished as seditious persons and such as contemn the Authority of Church and State And as His Majesty doth expect from all His good and dutifull Subjects a due acknowledgment of and hearty complyance with His Majesties Government Ecclesiasticall and Civil as it is now established by Law within this Kingdom and that in order thereunto they will give their chearful concurrence countenance and assistance to such Ministers as by publick Authority are or shall be admitted in their several Paroches and attend all the ordinary Meetings for divine Worship in the same So His Majesty doth Declare That He will and doth account a with-drawing from and not keeping and joyning in these Meetings to be seditious and of dangerous example and consequence And therefore and for preventing the same for the future His Majesty with advice and consent of His Estates in Parliament doth hereby Statute Ordain and Declare That all and every such person or persons who shall hereafter ordinarily and willfully withdraw and absent themselves from the ordinary Meetings of divine Worship in their own Paroch Church on the Lords-day whether upon account of Popery or other disaffection to the present Government of the Church shall thereby incur the pains and penalties under-written viz. Each Nobleman Gentleman and Heretor the loss of a fourth part of ilk years Rent in which they shall be accused and convicted and every Yeoman Tennent or Farmer the loss of such a proportion of their free moveables after the payment of their Rents due to their Master and Land-lord as His Majesties Council shall think fit not exceeding a fourth part thereof and every Burgess to lose the liberty of Merchandizing Trading and all other Priviledges within Burgh and fourth part of their
and all narrow Cloath two pounds eight shillings upon ilk ell of Searge thirty shillings upon ilk ell of Castilians forty eight pounds upon ilk Beaver-hat twenty four pounds upon ilk Demy-beaver and Vigon and three pounds upon the peece of ilk common Hat thirty six pounds upon the dozen of worstead Stockings twenty four pounds upon the dozen of Stag-gloves and twelve pounds upon the dozen of single Stags Cordivans Kid or Shiverings and twenty four shillings upon ilk pound of Tobacco imported either for sale or private use into this Kingdom from England all Scots money Be exacted levied and collected and fourscore per cent upon all other sorts of Commodities imported into this Kingdom from England and not particulary named in this Act and upon all the growth and Manufactury of that Kingdom though imported from any other place and that over and above all other impositions put upon the same already And to the effect this present Act may be the more exactly put to execution It is Statute and Ordained That all Goods imported from England or of the growth and manufactury of England not above particularly exprest shall be valued after sighting by two skilfull honest men upon oath to be nominate by the Dean of Gild or his Assessors or Magistrates of the Burgh or next adjacent Burgh to the Custom-office where the saids Goods are entered or by the oath of the party to whom the saids Goods belongs and accordingly pay the said fourscore per cent And the Lords Thesaurer and Thesaurer-depute and Lords of His Majesties Exchequer are hereby required to take an Oath and Bond with sufficient Caution from the Farmers or Collectors of the saids impositions that they shall exactly collect the same without any abatement thereof directly or indirectly and that they shall not suffer any of the saids Goods to pass or be conveyed away un-entred and that under the penalty of the worth of the saids Goods if the contrary shall be made appear the one half thereof to His Majesties use and the other half to the informer and under the pain of forfaulting their Tacks and Commissions and being declared incapable to farm or collect in any time hereafter any Custom Excise or other Imposition whatsoever within this Kingdom And if any of the foresaids Goods or Commodities shall be informed and made appear to be brought in or shall be seized upon not being entered in the Custom-office or any other Office appointed for that effect then the same to be wholly confiscat the one half to His Majesties use and the other half to the first informer or seizer thereof XIII ACT imposing a Custom upon Corn imported from Ireland into this Kingdom THe Estates of Parliament considering what great sums of money are carryed out of the Kingdom by persons importers of Corn hither from Ireland who having sold their Corns export the money without battering any of the Commodities of this Kingdom whereby the whole Nation particularly those near adjacent parts of the Kingdom are much impoverished of money And that it is just and reasonable that the said Corns should bear Custom toward the increase of His Majesties Revenue proportionably with other imported Commodities especially when the Corns of this Kingdom are sold at easie rates Therefore the King's Majesty with advice and consent of His Estates of Parliament Doth hereby impose three pounds Scots of Custom upon ilk boll Linlithgow measure of Corn imported into this Kigdom from Ireland after the first day of Seplember next and appoints thirty shillings Scots to be raised upon ilk boll already imported and not yet retailed conform to an Act of the Committee of Estates made there-anent in anno one thousand six hundred and sixty But least the more indigent sort of people might be prejudged by highting the prices of the saids Corns in time of dearth under pretence of the said Custom Therefore the King's Majesty with advice and consent foresaid doth hereby give power to the Lords of His Privy Council to remit and discharge the exacting of the said Custom when they shall find the prices of the Victual of this Kingdom Meal and Barley respective to exceed eight pounds the boll And appoints the Lords of His Exchequer to cause put this Act to full execution and cause the foresaid Custom be exactly levied with power to them to allow such fies to the Collectors thereof as they shall think fit XIV ACT for in-bringing of His Majesties Rents FOrasmuch as His Majesty and Estates of Parliament taking to their consideration the great contempt and neglect of the several Fewers and others lyable in payment of His Majesties Rents where-through notwithstanding of the diligence and endeavours of His Majesties Thesaurer principal Thesaurer-depute and others his Majesties Officers appointed for the management of His Majesties Revenue the same are not payed or otherwise so unseasonably payed that it proves a great hindrance and prejudice to His Majesties Affairs And finding several Acts of Parliament made for the timeous and seasonable payment of His Majesties Rents as well constituting the time and sitting of Exchequer to the effect that the persons lyable in payment might know both the time place and persons where when and to whom they should compt and make payment of the saids Duties as also such censures and penalties as might induce them to due obedience thereto Particularly the sixty third Act Par. eleventh holden by His Majesties Grandfather of blessed memory in anno one thousand five hundred and eighty seven Ordaining the Exchequer to sit down the first day of July yearly and to continue to the last day of August thereafter requiring not only the Thesaurer Comptroller Collector their Deputes and other Officers to be present and give their attendance during the said time but also all persons lyable in payment who ought to make compt in Exchequer to be charged by Precepts to compear thereat under the pain of fourty pounds to be uplifted by the Thesaurer Ordaining Letters of Horning to be directed against them for payment thereof and that the saids persons do attend for making of the saids accompts to the close thereof and in case of disobedience to the said Precept that they be charged of new at the Mercat-cross of Edinburgh and in case of their disobedience to the said Charge to be denounced Rebels at the said Cross which denounciation is declared to be as sufficient as if the same were at the head Burgh of the Shire where the person liveth and that the Horning be registrat in the Thesaurers Books or Sheriff Books of Edinburgh And sicklike by the sixty fifth Act of the said Parliament All Chamberlains and other Receivers of His Majesties Rents as well heretable as moveable are ordained to find caution to the Thesaurer in Edinburgh for making compt at the ordinar time of Exchequer and payment within twenty dayes after the terme And also by the eighty Act of the said Parliament it is Ordained that Letters be directed
former Act with this addition That strong Beggars with their Bairns be imployed in common Works and that they shall continue servants therein during their life times And considering the tenth Act of the two and twentieth Parliament of His said Royal Grandfather King James the sixth Recommending to all His good Subjects to take into their service poor and indigent Children declaring that they shall be subject to their said Masters their Heirs and Assignes in all kind of service that shall be enjoyned to them untill they pass their age of thirty years compleat and that they shall be subject to their Masters correction and chastisement in all manner of punishment life and torture excepted and that if it shall happen the said persons to absent themselves from their Masters service without their licence not only to be lyable to bodily punishment at their Masters discretion but that all recepters of them shall be oblieged to restore them to their Masters within twenty four hours after they be required otherwayes to pay to their said Masters ten shillings Scots for ilk dayes absence till they be restored And His Majesty considering that the chief cause whereby the foresaids Acts have proven in-effectual and that Vagabonds and idle Persons do yet so much abound hath been that there were few or no common works then erected in the Kingdom who might take and imploy the said idle Persons in their service and that now by His Majesties Princely care common Works for Manufacturies of divers sorts are setting up in this Kingdom Therefore His Majesty with advice and consent of His Estates in Parliament Ratifies and Approves the foresaids Acts of Parliament with this addition That it shall be leisum to all Persons or Societies who have or shall set up any Manufacturies within this Kingdom to seize upon and apprehend the persons of any Vagabonds who shall be found begging or who being Masterless and out of service have not wherewith to maintain themselves by their own means or work and to imploy them for their service as they shall see sit the same being done with the advice of the respective Magistrates of the place where they shall be seized upon And Ordains the Paroches where such Vagabonds or idle Persons as shall be found begging were born or in case the place of their nativity be not known the Paroches where they have any residence haunt or most resort for the space of three years immediately preceeding their being so apprehended who thereby are relieved of the burden of them to make payment to the Persons or Societies that shall happen to imploy them of two shillings Scots money per diem for the first year after they be apprehended and one shilling Scots per diem for the next three years thereafter the one half thereof to be payed by the Heretors of the several Paroches respective and the other half thereof to be payed by the Possessors and Inhabitants dwelling upon the ground of each Heretor respective Likeas His Majesty with advice and consent foresaid Ordains the Heretors of each Paroch or as many of them as shall happen to meet upon publick intimation made at the Paroch-kirk upon any Sabbath at the dissolving of the Church from the first Sermon by any of the Heretors of the Paroch or by the imployers of the Poor to make up a stent Roll for maintenance of the Poor in their Paroch who shall be employed as said is at the rate aforesaid the one half thereof to be payed by the Heretors either conform to the old extent of their Lands within the Paroch or conform to the valuation by which they last payed assessment or otherwayes as the major part of the Heretors so meeting shall agree Life-renters and Wod-setters alwayes being lyable during their Rights as Heretors and the other half thereof to be laid upon the Tennents and Possessors according to their means and substance And in case the saids Heretors being required by any Person or Society imploying the Poor as said is shall failzie to make up and deliver a stent Roll in manner foresaid with power to the Persons Society or others intrusted by them to charge the Heretors of each Paroch for the sum of two shillings Scots per diem for each one of their Poor whereof they shall be relieved in manner foresaid conform to the old extent or valuation foresaid at the option of the person or Society imploying or these intrusted by them which stent Roll shall continue and stand for one year after the making up thereof either by the Heretors or in case of failzie by the Persons or Societies imploying the Poor as said is and shall then be renewed from year to year during the years above-written Providing also that the Heretors in case they failzie to make a stent Roll as said is and be charged conform to the old extent or valuation of their Lands that they shall have relief of the Tennents and Possessors of their Lands for the one half of what they shall be distressed for And His Majesty with consent foresaids Ordains Letters of Horning to be directed hereupon at the instance of the Persons or Societies imployers of the Poor or persons intrusted by them against the Heretors and others for payment of the said daily allowance for the Poor or against the recepters of them being so imployed for ten shillings Scots money per diem upon fifteen dayes only Providing alwayes that after examination of the case the Lords of the Privy Council shall find cause for directing such Letters And Ordains all Sheriffs Stewarts Bailies of Regality Principality Magistrates of Burroughs or Justices of Peace and their Constables to be assisting in the apprehending of the saids Vagabonds or in the bringing of them back to their service after they shall be employed And strictly Prohibits and Discharges all persons whatsoever to oppose or hinder the taking or bringing back of them in manner foresaid respective under the pain of deforcement Likeas it is hereby Declared That the Poor so imployed shall continue in the service of the employers and under their direction and correction in manner foresaid not only during the space of the maintenance to be payed for them by their Paroches in manner above-written but also for the space of seven years thereafter for meat and cloath only Declaring alwayes likeas it is hereby expresly Declared that the Burgh of Air nor their Inhabitants shall no wayes be comprehended herein but are excepted here-from in all points And recommends to the Lords of the Privy Council to see this Act and all former Acts of Parliament made against sturdy Beggars and Vagabonds put to execution with power to them to supply by their order what shall be deficient as to the execution of the saids Acts. XVI ACT anent the measure of Coal OUr Soveraign Lord considering that several questions and debates do arise betwixt the buyers of Coal and the Customers and Receivers of the Bullion anent the measure of the Chalder
Act in favours of the Earl of Laudeidaile Act in favours of the Earl of Lauderdaile concerning the Writes and Securities of his Lands Act concerning the Earl of Cassils Act anent the Lights on the May. Act rescinding the pretended forfeiture of the Laird of Glengairy Act rescinding the pretended forfeiture of Macklean of Lochbouy Act rescinding the pretended forfeiture of Macklean of Kingerloch Decreet Earl Southesk and Lord Burghly against the Shire of Fife Decreet Marquess of Montrose against the Marquess of Argly Decreet Laird of Dury contra Duke Hamiltoun Act in favours of the Burgh of Aberdeen Act for two Fairs and a weekly Mercat in Strathaven Act in favours of Patrick Dumbar Act in favours of the Laird of Edgerstoun Act for three Fairs to the Town of Lesly Act for a weekly Mercat and two Fairs in the Town of Tullith Act for a yearly Fair in Aldeir Decreet Pluscarden contra Mackpherson and others Act in favours of the Clan Gregor Decreet E. Roxburgh con E. Lothian anent the Title of Lord Ker. Decreet Earl of Airly against Mackenzie and others Act for repairing the Bridge of Sanchar Act for two fairs and a weekly Mercat in Hamiltoun Act rescinding the pretended forfeiture of David Graham of Gorthy Act in favours of Doctor Gleg Record of the losses of some Noble-men for their loyalty Acts for ordering the precedency of the Officers of State Decreet of forfeiture against Sir Archibald Johnstoun Act rescinding the pretended forfeiture of the Lord Heries Ratification in favours of the Earl of Roxburgh Ratification in favours of the University of St. Andrews Ratification in favours of the Burgh of Lauder Ratification in favours of Major Ramsay Ratification in favours of the Laird of Hayning Ratification in favours of John Stirling of Orther-field Ratification in favours of the Earl of Leiven Ratification in favours of John Campbel of Ardchattan Ratification in favours of the Burgh of Linlithgow Ratification in favours of the old Town of Aberdeen Rat. of the mortification of a Hospital in the Paroch of Largo Ratification in favours of the Laird of Monymusk Protestation by the Earl of Aboyn in name of the Marquess of Huntly against it Ratification in favours of the Burgh of Dumbartoun Protestation of the Town of Glasgow against it Ratification in favours of the Town of Glasgow Protestation by the Dukes of Lennox and Hamiltoun and the Burghs of Dumbartoun and Renfrew against it Ratification in favours of the Burgh of Forterose and Protestation by the Town of Innerness against it Ratification in favours of the Officers of the Mint Protestation for the Burgh of Edinburgh against it Act for coyning of Copper-money Act for providing a Stock to the Mint-house Decreets of forfeiture against William Dundass of Magdallans and John Home of Kello Act anent the redemption of Infeftments of Fee granted under reversion Act rescinding the pretended forfeiture of Robert Spotswood Act rescinding all Decreets of forfeiture against Archibald and Mackgilespik Mackdonal of Colinsay Act rescinding the forfeiture of Archibald Mackdonal of Sands Protestation by the Creditors of the Marquess of Argyl that they be not prejudged by any sentence to be given against him Decreet and Sentence of forfeiture against the Marquess of Argyl Decreet and Sentence of forfeiture against Mr. James Guthry Decreet and Sentence of forfeiture against William Govan Decreet L. Cochran against the Executors of the Earl of Buccleuch Act for Two Fairs to the Burgh of Ruthglen Act for Imposition for upholding a Bridge on the Water of Fleet. Acts concerning the Town of Edinburgh and their Annuity out of the House-mails and the Imposition granted to them of two pence upon the pint of Ale c. Decreet Duke of Hamiltoun contra Ardkinlass Commission for a Council of Trade Decreet in favours of the E. of Callander against the E. of Leiven Act for changing an High-way at Abbotshall Act in favours of William Purvess Decreet Sir William Baily of Lamintoun contra Mrs. Whaley Act for the ordinar allowance of the Clerk Registers Subscription Ratification in favours of the Marquess of Montrose Act ratifying the union of the Paroches of Logy-montrose and Perth Act anent slaying of Fish in forbidden time Act in favours of the Earl Cassils Earl Lothian Brody c. Commission concerning the Annual-rents due by persons forfeited by the Usurpers Decreet in favours Mackintosh against Lochyel Decreet Murdoch Mackclean against John Mackallester c. Protestations by the Earl of Arrol Earl Craufurd and Lindsay the General of the Mint and the Provost of Edinburgh in name of the Royal Burroughs against the power of the Justices of Peace Act in favours of the Commissars of Edinburgh Act in favours of the Earl of Middleton and Sir John Smith Act in favours of the Earl of Middleton and Sir John Weymes Act for two Fairs to the Burgh of Culross Act for raising a moneths maintenance imposed in the year one thousand six hundred and fifty one for the Kings use and eighty thousand merks due by the Burroughs Act in favours of the Earl of Dundee Act in favours of the Hat-makers in Edinburgh and Protestation by the Town of Edinburgh against it Decreet John Mackdowgal contra Campbel Decreet of forfeiture against John Swintoun Act rescinding the pretended forfeiture of the Earl of Branfurd Ratification in favours of the Earl of Panmure Commission for the Fishings of North and South-esks Ratification in favours of the Lord Rollo Ratification in favours of the Earl of Murray Ratification of the Rights and Liberties of the Burgh of Dundee Ratification in favours of the Burgh of Kintor Ratification in favours of the Earl of Tweddal Ratification in favours of Alexander Thomson Ratification in favours of the Earl of Athol Ratification to Sir John Gilmor President of the Session of his Rights of the Barrony of Craigmillar Ratification in favours of the Burgh of Dunkell and Protestation by the Town of Perth against it Two Ratifications to the Earl of Craufurd and Lindsay Ratification to the Earl of Lauderdaile of the regality of Thirlstane and Lordship of Musleburgh Rat. to the Earl of Lauderdaile of the gift of Swintouns forfeiture Ratification in favours of Mr. James Douglass Ratification to Sir John Gilmor of his gift of Pension Ratification to Sir James Hope of his rights to the Mines Ratification in favours of the Laird of Calder Ratification in favours of the Burgh of Aberdeen Ratification in favours of Mr. John Herbertson Ratification in favours of the Earl of Home Ratification in favours of Sir Alexander Home Ratification in favours of Mr. John Cunningham Ratification in favours of James Innes Ratification in favours of Sir James Cunningham Ratification in favours of Sir Robert Murray of Camron Ratification in favours of the Earl Marshal SECOND SESSION ACt for calling in the Bishops to the Parliament Act for setling the Orders in the Parliament-house Act concerning Members of Parliament who do not attend Recommendation for the Creditors of the late Marquess of