Predecessors Estate and yet it being as unreasonable that he should dispone thereupon immediately or shortly after his Predecessors death in prejudice of his Predecessors Creditors he having year and day to advise whether he will enter Heir or not Therefore it is hereby Declared That no Right or Disposition made by the said Appearand Heir in so far as may prejudge his Predecessors Creditors shall be valid unless it be made and granted a full year after the defuncts death XXV Act for Denouncing of Excommunicate Persons OUr Soveraign Lord with advice and consent of His Estates of Parliament considering the insolency of excommunicate Papists and others who slight the dreadfull Sentence of Excommunication to the dishonour of GOD and obduring of their own hearts Doth therefore Ratifie and Approve all Acts of Partiament and Acts of Privy Council standing before the year one thousand six hundred and fourty against Excommunicate Persons And Statutes and Ordains That in time coming fourty dayes being past after the said Sentence of Excommunication Letters be direct at the instance of His Majesties Advocate for denouncing all Excommunicate persons His Majesties Rebels and putting them to the Horn and that by Warrand of the Lords of Privy Council or Session which denounciation being used by vertue of the saids Letters at the Mercat Cross of Edinburgh and Peir of Lieth is hereby Declared to be sufficient against them and for using of Caption thereupon and taking of the Escheat and Liferent of the Rebels conform to the standing Laws of this Kingdom Providing alwayes that before the passing of any such Letters of denounciation the whole Process and Sentence of Excommunication be exhibite and produced before the Lords of Session in Session-time to the end that they may consider the legality of the processe and grounds whereupon the Sentence proceeded and that accordingly they may give forth the saids Letters of denounciation as they shall think just and reasonable XXVI Act appointing the Pursuer of the Thief to have the Goods stolen from him restored OUr Soveraign Lord understanding that when Theives are taken and execute for theft or declared Fugitives their whole estate and the goods stolen also doth fall to His Majesty and to Lords of Regalities and other Justitiars pretending right to the saids stolen goods For remeed whereof His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That any person having goods or gear stolen from him and having pursued the stealer thereof shall have his own goods again where ever the same can be apprehended and where the stolen goods cannot be had the Pursuer of the Theif shall have the just value of the goods and gear stolen from him out of the readiest of the Thiefs goods with the expences waired out by the Pursuer he alwayes pursuing the Thief usque ad sententiam Reserving alwayes to the Sheriff or other Magistrates and taker of the Thief the expences waired out by them in the taking and putting the Thief to execution XXVII Act for the Pardon of Penal Statutes OUr Soveraign Lord considering that the precise and rigorous exaction of the Pain Arbitrary and Pecunial adjected to Penal Statutes heretofore made would prove a burden to His Majesties Leiges heavy and unsupportable if by His Majesties grace and favour they should not be eased and liberate of the same In consideration whereof His Majesty being willing to give ease and relief to His Subjects of the foresaid burden Hath therefore been graciously pleased with consent of His Estates of Parliament to Discharge freely Pardon and Remit and by these presents Discharges freely Pardons and Remits all Contraveeners of any of the saids Penal Statutes for all Deeds done by them contrair to the tenor of the same Statutes in time by-gone except only the Statutes concerning the unlawfull taking of Usury Transporting of Silver and Gold and Slaying of Red and Black Fishes which are no wayes discharged by this present Act nor comprehended under the same XXVIII Act discharging the Quots of Testaments OUr Soveraign Lord with advice and consent of His Estates of Parliament for many weighty considerations moving His Majesty Statutes and Ordains That no Quots of Testaments confirmed since the sixteenth of November one thousand six hundred and fourty one and to be confirmed in time coming shall be exacted from any of His Majesties Leiges by Commissars Commissar-Clerks Fiscals and others whom it effeirs but prejudice alwayes of the ordinary Fies due to them as accords XXIX ACT for Poynding upon Sheriffs and Commissars Decreets OUr Soveraign Lord and the Estates of Parliament considering That albeit by Act of Parliament of the date the ninth of July one thousand six hundred and six years Letters of Horning are Ordained to be directed by deliverance of the Lords of Session upon Sheriffs Commissars and other inferiour Judicatories their Decreets upon the simple charge therein mentioned Yet the Act bears no warrand for Letters of Poynding to be granted by the deliverance foresaid upon these Decreets whereby the Parties interessed obtainers of the Decreets are ofttimes prejudged of their payment when these Parties against whom these Decreets are obtained do flit or remove out of the Shire or Jurisdiction of the Judge before whom the saids Decreets are given Therefore His Majesty with advice of the saids Estates Ratifies the Act of Parliament above-mentioned in the whole heads and points thereof And for remedy of the prejudice foresaid Ordains Letters of Poynding to be direct by deliverance of the Lords of Session at the instance of the Parties interessed upon the saids Sheriffs Commissars and other inferiour Judges their Decreets contained in the foresaid Act. Sicklike and in the same manner as Letters of Horning are appointed by the said Act to pass upon the same Decreets that thereby the Parties may have real execution as well as personal upon their Decreets foresaids Likeas His Majesty with advice and consent foresaid Declares That all execution of Poynding legally used upon the saids Decreets since the twelfth of June one thousand six hundred and fourty nine years shall be valid and sufficient and the Parties Messengers and others Executors and users thereof shall never be questioned nor any Process sustained against them therefore either Civilly or Criminally before any Judge whatsomever But prejudice alwayes to Parties against whom Poynding have been used upon reduceable or unwarrantable Sentences to pursue repetition as accords of the Law XXX Act anent the Fewers and Vassals of Kirk-lands OUr Soveraign Lord with advice and consent of the Estates of this present Parliament considering That whereas by the general Surrender of Kirk-lands and Erections made by the Superiors and Titulars thereof in favours of His Majesties dearest Father of ever blessed memory It is specially provided that the saids Superiors and Titulars notwithstanding their Surrender foresaid shall have right to the Few-fermes and Duties of the Vassals and Fewers of the said Kirk-lands and Erections till the Kings Majesty make paiment to
all the free Profits and Rents which he shall have or uplift out of the saids Lands shall be restricted to six per cent yearly of free money and the Wodsetter shall be countable to the Debitor or others having right from him for the superplus and that without prejudice of the Wodsetters real Right and Infeftment ay and while the Lands be redeemed and the principall Sum whereupon the same is redeemable shall be satisfied It is alwayes provided that where any Creditor hath had losse by his possession of the Wodset-lands and others since the date of his Wodset So that he hath not received as much free Rent as communibus annis hath extended to the Annualrent allowed by Law for the time all charges and burdens being deduced in that case it is provided that the Wodsetter shall be first satisfied of what he wants before he quit his possession of the said Wodset-lands or be holden to accept Security for his Annualrents And it is Declared that in the account of the Wodsetter's by-gone losse there shall be allowed what he hath disbursed upon reparation and building of Tennents houses Milnes and for the advantage of the ground and generally all other expence which the Wodsetter was put to and what losse he sustained in reference to the said Wodset-lands Rights and Securities thereof any manner of way and what he hath lost by Quarterings Cesse waste Land depauperated Tennents or by Tennents who were or are not able to pay unlesse the ground should be casten waste And because the Wodsetters probation of his saids losse may be difficile he not conceiving that there should be necessity for any such count or that there should be any alteration made in the right and possession of his proper Wodset Therefore His Majesty with advice foresaid doth allow the Lords of Session to take such reasonable probation as in equity they shall think fit And if there be any deficiency to take the Wodsetters Oath in supplement and where the Wodsetter is in natural possession of the Wodset-lands by dwelling thereon or labouring the same with his own Plough and Goods or otherwayes having the same plenished with his saids Goods in that case he shall not be holden to remove from his said possession but at the ordinary tearm of removing and that he be lawfully warned fourty dayes before and after sufficient Security shall be made to him in manner above specified before the said warning And His Majesty having granted so much favour benefit and indulgence to Debitors as the like cannot be shown to have been granted at any time in this Kingdom doth Declare Statute and Ordain That the Laws and Practick of the Kingdom concerning Debts and paiment thereof and diligence and execution for the same and concerning proper Wodsets where the Creditor-wodsetter hath the hazard of Fruits Tennents War and others shall be observed inviolably and be of full force vigor and effect in all time coming excepting so far as the same is altered innovat and repealed by this present Act. LXIII Act Salvo jure cujuslibet OUr Soveraign Lord taking to consideration that there be many Acts of Ratification and others past and made in this Session of Parliament in favours of particular persons without calling or hearing of such as may be thereby concerned and prejudged Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in manner foresaid shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the making of the saids particular Acts and Acts of Ratifications and that the Lords of Session and all other judges within this Kingdom shall be oblieged to judge betwixt parties according to their several rights standing in their persons before the making of the saids Acts. All which are hereby exponed and declared to have been made Salvo jure cujuslibet LXIV Act of Adjournment THe Kings Majesty Declares this Parliament current and Adjourns the same to the twelfth day of March next to come Ordaining all Members of Parliament Noblemen Commissioners of Shires and Burghs and all others having interest to attend that day and that there be no new Elections in Shires or Burghs except upon the death of any of the present Commissioners A. Primerose Cls. Reg. A TABLE of the Printed ACTS 1. ACt concerning the President and Oath of Parliament Page 3. 2. Act and Acknowledgment of His Majesties Prerogative in the choice of His Officers of State Counsellors and Judges Page 4. 3. Act asserting His Majesties Royall Prerogative in the calling and dissolving of Parliaments and making of Laws Page 5. 4. Act asserting His Majesties Royall Prerogative in the making of Leagues and the Conventions of the Subjects Page 6. 5. Act asserting His Majesties Royall Prerogative in the Militia and in making Peace and War c. Page 7. 6. Act annulling the pretended Convention of Estates kept in the year 1643. Page 8. 7. Act concerning the League and Covenant and discharging the renewing thereof without His Majesties Warrand and Approbation ibid. 8. Act against Papists Priests and Jesuits Page 9. 9. Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter Page 11. 10. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646 and 1647. Page 15. 11. Act for taking the Oath of Allegiance and asserting the Royall Prerogative Page 17. 12. Act concerning the Judiciall Proceedings in the time of the late Usurpers Page 19. 13. Act and Offer of Fourty thousand pounds Sterling to be paid to the Kings Majesty yearly during His life-time by this Kingdom Page 21 14. Act for raising the Annuity of Fourty thousand pounds Sterling granted to His Majesty Page 22. 15. Act Rescinding and Annulling the pretended Parliaments in the years 1640 1641 c. Page 37. 16. Act concerning Religion and Church-Government Page 40. 17. Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royall Government of His Kingdoms Page 41. 18. Act for the due observation of the sabbath-Sabbath-day Page 42. 19. Act against Swearing and excessive Drinking Page 43. 20. Act against Cursing and Beating of Parents Page 44. 21. Act against the crime of Blasphemy ibid. 22. Act concerning the severall degrees of casuall Homicide Page 45. 23. Act Ratifying the Priviledges of the Colledge of Justice ibid. 24. Act concerning appearand Heirs their paiment of their Predecessors and their own Debts Page 46. 25. Act for Denouncing of Excommunicate Persons Page 47. 26. Act appointing the Pursuer of the Thief to have the Goods stolen from him restored Page 48. 27. Act for the Pardon of Penall Statutes ibid. 28. Act discharging the Quots of Testaments Page 49 29. Act for Poynding upon Sheriffs and Commissars Decreets ibid. 30. Act anent the Fewers and Vassals of Kirk-lands Page 50. 31. Act concerning the Registration of Comprisings Page 51. 32. Act concerning Heretable and Moveable Bonds Page 52. 33. Act for the right Packing of Salmond ibid. 34. Act against Clandestine and unlawfull Marriages Page 53. 35. Act concerning the Election and Charges of the Commissioners from Shires to the Parliament Page 55. 36. Act anent Presentation of Ministers Page 56. 37. Act concerning the Bullion Page 57. 38. Commission and Instructions to the Justices of Peace and Constables Page 65. 39. Act for the Fishings and erecting of Companies for promoving of the same Page 79 40. Act for Erecting of Manufacturies Page 83. 41. Act for Planting and Inclosing of Ground Page 85. 42. Act establishing Companies and Societies for making Linnen-cloath Stuffs c. Page 87. 43. Act discharging the Exportation of Linnen-yarn and regulating the breadth of Linnen-cloath c. Page 89. 44. Act for incouraging of Shipping and Navigation Page 90. 45. Act discharging the Exportation of Skins Hides c. Page 93. 46. Act discharging the Exportation of Woollen-yarn Worstead broken Copper and Peuter c. Page 94. 47. Act discharging Trades-men to Import Made-work ibid. 48. Act for incouraging of Soap-works Page 95. 49. Act Reducing the Annuals to Six for the Hundred ibid. 50. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session Page 96. 51. Act concerning Arrestments Page 97. 52. Act concerning the disposall of Vacant Stipends ibid. 53. Act Ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property Page 98. 54. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Altarages Page 100. 55. Act anent Cocquets and Entries of Ships Page 102. 56. Act anent Coal-hewers ibid. 57. Act discharging the Custom of two and an half of the hundred and the Impost of four pounds on the Tun. Page 103. 58 Act in favours of those who get their Ward-holding changed by the Kings Majesty Page 104. 59. Act anent the Exchequer Page 105. 60. Act concerning Docqueting of Signaturs Page 106. 61. Commission for Plantation of Kirks and Valuation of Teinds ibid. 62. Act for ordering the paiment of Debts betwixt Creditor and Debitor Page 111. 63. Act Salvo jure cujuslibet Page 118. 64. Act of Adjournment ibid. FINIS
THE LAWS and ACTS 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 the First of January 1661. By a Noble Lord John Earl of Middleton Lord Cleremont and Fettercairn His MAJESTIES Commissioner for holding of this Parliament by vertue of a COMMISSION under His MAJESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted and Collected from the Records of Parliament by Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His MAJESTIES Council Registers and Rolls EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1661 CVM PRIVILEGIO CHARLES the 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE IRELAND Defender of the faith â—â—uch not my Anoynted GOD SAVE THE KING FEAR GOD HONOVR THE KING HONI SOIT QVI MAL Y PENSE C R HONI SOIT QVI MAL Y PENSE NEMO ME IMPVNE LACESSET The LAWS and ACTS made in 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 Began at Edinburgh the first day of January 1661. I. ACT concerning the President and Oath of Parliament FOrasmuch as it hath pleased Almighty GOD to compassionat the troubles and confusions of this Kingdom by returning the Kings most excellent MAjESTY to the exercise of that Royal Government under which and its excellent constitution this Kingdom hath for many ages injoyed so much happiness peace and plenty And it being upon good and important considerations an inviolable practice in this Government before these troubles that the person nominate by His MAjESTY to be His Chancellor within this Kingdom did of right and as due to his place preside in all Meetings of Parliament and other publick Judicatories of the Kingdom where he was present for the time And His MAjESTY now considering the great advantages do accress to the publick good of His Subjects by the due observance of such ancient and well grounded Customs and Constitutions and the prejudices that do accompany a change thereof Therefore His MAjESTY with advice and consent of His Estates of Parliament doth Declare That the present Lord Chancellor and such as hereafter shall be nominate by His MAjESTY or His Royal Successors to succeed in that place and in case of their absence such as shall be nominate by His MAJESTY are by vertue and right of the said office and such nomination respective to preside in all meetings of His MAJESTIES Parliaments or other publick Judicatories of the kingdom where they shall happen to be present and that they are now and in all time coming to injoy this priviledge And in discharge of this trust they are at the first down-sitting of every Parliament to administer to all the Members thereof the Oath of Alleagiance whereof the tenor follows I for testification of my faithfull obedience to my most gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forraign Prince Power or State nor person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and forsake all Forraign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly and never decline His MAJESTIES Power nor Jurisdiction as I shall answer to GOD. With this addition And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament as I shall answer to GOD. Likeas His MAJESTY with advice foresaid doth hereby Rescind and Annull all Acts Statutes or Practices as to the President or Oath of Parliament which are prejudicial unto or inconsistent with this present Act and Declare the same to be void and null in all time coming II. Act and Acknowledgement of His MAjESTIES Prerogative in the choice of His Officers of State Councellors and Judges THe Estates of Parliament considering the great obligations that do ly upon them from the Law of GOD the Laws of Nations the municipal Laws of the Land and their Oaths of Alleagiance to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY and the sad consequences that do accompany any incroachments upon or diminutions thereof Do therefore from their sense of humble duty Declare That it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate and Privy Councellors and the nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors are for ever by vertue of that Royal Power which they hold from GOD Almighty over this Kingdom to injoy and have the full exercise of that Right And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes or Practices to the contrair and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative and to be void and null in all time coming III. Act asserting His Majesties Royal Prerogative in the calling and dissolving of Parliaments and making of Laws THe Estates of Parliament now conveened by His MAJESTIES special Authority considering that the Quietness Stability and Happiness of the people do depend upon the Safety of the Kings MAJESTIES Sacred Person and the maintenance of His Soveraign Authority Princely Power and Prerogative Royal. And conceiving themselves oblieged in conscience and in discharge of their duties to Almighty GOD to the Kings MAJESTY and to their Native Country to make a due acknowledgement thereof at this time Do therefore unanimously Declare That they will with their lives and fortunes maintain and defend the same And they do hereby acknowledge that the power of Calling Holding Proroguing and Dissolving of Parliaments and all Conventions and Meetings of the Estates doth solely reside in the Kings MAJESTY His Heirs and Successors And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY or His Commissioner so no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the Kings MAJESTY or His Commissioner interponed thereto at the making thereof And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Laws Acts Statutes or Practices that have
and what else was dear unto any of His Majesties good Subjects to the Cruel and Ambitious Lusts of some usurping Rulers Hath not Religion and Loyalty been the only objects of their Rapine and Cruelty And hath not their new and arbitrary Exactions and Burdens upon the People exceeded in one moneth what ever had been formerly in many years paid to any of the Kings of this Kingdom And when the best of men and the most Excellent of the Kings of the earth had in an unusual way of confidence rendred His Person to the Trust and Loyalty of His Native Subjects was not the security of Religion pretended unto by some who then governed in Church and State for the ground of that base and never enough to be abhorred transaction in leaving such a Prince their Native and Dread Soveraign to the will of these who were in open Rebellion and for the time had their swords in their hands against Him And that when by these and many such like undutifull carriages the Kings Majesty was removed from His Kingdoms the foundations of this ancient and well constitute Government was overturned the Liberties and Property of the people inverted And this Kingdom exposed to be Captives and Slaves to Strangers and nothing left unto them but the sad meditation of their increasing miseries and the bitter remembrance of their by-past disloyalties Yet even then it pleased Almighty GOD to compassionat their low condition and by the power of His own Right-hand most miraculously to restore the Kings most Sacred Majesty to the Royal Government of His Kingdoms And thereby to redeem this Kingdom from its former Slavery and Bondage and to restore it to its ancient and just Priviledges and Freedom And the Kings Majesty acknowledging with all humility and thankfulness the Goodness Wisdom and Power of GOD in this Signal Act of His mercy to Him and His people Doth with advice and consent of His Estates of Parliament Statute and Ordain That in all time coming there be a Solemn yearly Commemoration of the same And for that end the twenty ninth day of May which day GOD Almighty hath specially honoured and rendred auspicious to this Kingdom both by His Majesties Royal Birth and by His blessed Restauration to His Government be for ever set a part as a Holy day unto the LORD and that in all the Churches of the Kingdom it be imploied in publick Prayers Preaching Thanksgiving and Praises to GOD for so transcendent Mercies And that all Trade Merchandize Work Handy-labour and other ordinary imploiments be forborn and the remaining part of the day spent in such lawfull divertisements as are suteable to so Solemn an occasion And it is hereby recommended to all Ministers of the Gospel and to all Sheriffs Justices of Peace and other publick Ministers in the several Counties and to all Magistrates within Burghs to be carefull that for this present year and in all time coming the twenty ninth day of May be accordingly kept and observed within their several Jurisdictions And for the speedier and more full intimation hereof to all His Majesties Subjects It is Appointed thir Presents be printed and published at all the Mercat Crosses of the Royal Burroughs XVIII Act for the due Observation of the sabbath-Sabbath-day THe Kings Majesty considering how much it concerns the honour of GOD that the sabbath-Sabbath-day be duly observed and all abuses thereof restrained And that notwithstanding of several Acts of Parliament made in that behalf particularly the third Act of the sixth Parliament of King James the sixth of blessed memory the said day hath been much prophaned by Salmond-fishing going of Salt-pans Milnes and Killes hiring of Shearers and using of Merchandize on that day and otherwayes Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves all former Acts of Parliament made for observation of the Sabbath-day and against the breakers thereof And by these presents Inhibits and Discharges all Salmond-fishing going of Salt-pans Milnes or Killes all hiring of Sheaters carrying of Loads keeping of Mercats or using any sorts of Merchandize on the said day and all other prophanation thereof whatsoever under the pains and penalties following viz. The sum of twenty pounds Scots for the going of ilk Salt-pan Miln or Kill on the said day to be paid by the Heritors and Postessors thereof and the sum of ten pounds for ilk Shearer and Fisher of Salmond on the said day the one halt thereof to be paid by the Hirers and Conducers and the other half by the persons hired and the said sum of ten pounds for every other prophanation of the said Day And which Fines and Penalties are to be uplifted and disposed of in manner contained in the Act and Instructions anent the Justices of Peace and if the party Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XIX Act against Swearing and Excessive Drinking OUr Soveraign Lord being desirous that all His Subjects within this Kingdom may live a quiet and peaceable life under His Government in all godlinesse and honesty and in order thereto having resolved to curb and suppresse all sort of sin and wickednesse and especially these abominable and so much abounding sins of Drunkennesse and all manner of Cursing and Swearing Therefore our said Soveraign Lord Ratifies and Approves all Acts of Parliament made in former times against the said crimes or either of them And further Declares That each person who shall Blaspheme Swear or Curse and whosoever shall Drink into excess shall be lyable in the pains following according to the quality of the offenders viz. Each Nobleman in twenty pounds Scots each Barron in twenty Merks each Gentleman Heritor or Burgess in ten merks each Yeoman in fourty shillings each Servant in twenty shillings toties quoties each Minister in the fifth part of his years Stipend and that the saids Fines and Penalties be uplifted and disposed upon in manner contained in the Act and Instructions anent the Justices of Peace And if the partie Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XX. Act against Cursing and Beating of Parents OUr Soveraign Lord and Estates of Parliament considering how great and atrocious a crime it is for Children to beat or curse their Parents And how the Law of GOD hath pronounced just sentence of death against such as shall either of these wayes injure either of their Parents Therefore His Majesty with advice of His said Estates Doth hereby Statute and Ordain That whosoever Son or Daughter above the age of sixteen years not being distracted shall Beat or Curse either their Father or Mother shall be put to Death without mercy and such as are within the age of sixteen years and past the age of pupillarity to be punished at the arbitrement of the Judge according to
them of the prices of the saids Few-fermes and Duties modified by the Lords and others of the Commission for Surrenders and Teinds And sicklike the Fewers and Vassals of the saids Kirk-lands and Erections are oblieged by their new Infeftments under the great Seal to pay the saids Few-fermes and Duties to the Kings Majesty and His Successors and so against reason may appear to be lyable to double payment thereof It is therefore Statute and Ordained by His Majesty with consent foresaid That the saids Fewers and Vassals of Kirk-lands and Erections their Heirs and Successors shall be oblieged to make thankfull payment of the saids Few-fermes and Duties contained in their Infeftments and whereof the said Superiors and Titulars have been in possession preceeding that Surrender foresaid to the saids Superiors and Titulars their Heirs and Successors ay and while they get paiment of the prices modified by the saids Lords and others of the Commission foresaid according to the Act of Parliament one thousand six hundred and thirty three years And that Letters of Horning and Poynding shall be granted to that effect without prejudice alwayes to His Majesty and His Successors of the superiority of the saids Fewars and Vassals surrendred in manner foresaid and without prejudice to them of their Infeftments taken to be holden of His Majesty and His Successors Likeas it is Declared That the saids Fewers and Vassals of Kirk-lands and Erections have been in bona fide in paiment of the saids Few-fermes and Duties to the said Superiors and Titulars of all times bygone according to the provisions contained in the said general Surrender It is alwayes provided that this Act shall not be prejudicial to an Act past by this Parliament in favours of the Earl of Lauderdail of the Lordship of Musleburgh of the date the ninth day of April last XXXI Act concerning the Registration of Comprisings OUr Soveraign Lord with consent of the Estates of Parliament considering that the Registration of Comprisings was only established by an Act of Secret Council and never authorized by any Law or Act of Parliament and that the Registration thereof did put the Lieges to unnecessar charges neither adding to the validity of the Comprisings nor to the benefit of the Comprisers Hath therefore discharged and by these presents discharges all Registration of Comprisings with all Gifts Acts of Council and other Warrands and Custome whatsomever granted and observed at any time heretofore thereanent and by their presents Ratifies and Approves the Custome observed these many years past whereby in place of the said Registration a short Record of all Comprisings of Lands Teinds and others and of the Comprisers names and designations the Defenders names the Debts for which the Comprising is deduced the Messengers and Clerks names the date of the Executions the Witnesses names thereto and of the Superiors of whom the comprised Lands are holden hath been made in a Book by the Clerk of Register and his Deputs at the allowing of the saids Comprisings for which Allowance and Recording there is only fourty shillings Scots to be paid and which Custome is very usefull and necessar for information of the Lieges And therefore His Majesty with advice and consent foresaid Ratifies and Approves the foresaid Custome and Ordains all Comprisings formerly deduced and not allowed and recorded in manner above-written to be brought in to the Clerk of Register and his Deputs within threescore dayes after the publication hereof and all Comprisings to be led and deduced hereafter to be brought in to the said Clerk of Register and his Deputs within threescore dayes after the date thereof With certification that if they be not allowed and recorded within the said space any other Comprising though posterior in date yet if it be allowed and recorded before the prior Comprising the same shall have preference according to the date of the Allowance and Record but prejudice alwayes to any further diligence by Infeftments or charges against the Superior according to the priority or posteriority thereof pro ut de jure XXXII Act concerning Heritable and Moveable Bonds OUr Soveraign Lord with advice and consent of His Estates of Parliament for many just and reasonable causes moving Him Statutes and Ordains That all Contracts and Obligations for Sums of money payable to Parties at any time made and dated since the sixteenth day of November one thousand six hundred and fourty one or to be made in time coming containing clauses for paiment of Annualrent and Profit are and shall be holden and interpret to be Moveable Bonds except in these cases following viz. That they bear an expresse obliegment to infeft or that they be conceived in favours of Heirs and Assignes secluding Executors in either of which cases Ordains the Sums to be Heritable and to pertain to the Heir otherwayes to be confirmed by the Executor and to appertain to the nearest of Kin and to the Defuncts Executors and Legators according to the Law and practict of Moveables Declaring alwayes that all such Bonds quoad fiscum shall remain in the same condition as they were before the said sixteenth of November one thousand six hundred and fourty one not to fall under the compasse of single Escheat nor shall any part thereof pertain to the Relict jure relictae where the Bonds are made to the Husband nor to the Husband jure mariti where the Bonds are made to the Wife unless the Relict or Husband have otherwayes right and interest thereto Declaring neverthelesse that this provision shall no wayes prejudge Wife nor Husband and their Executors of their respective Titles and Interests to the by-gone Annualrents of the saids Bands resting before either of their deaths XXXIII Act for the right Packing of Salmond OUr Soveraign Lord and Estates of Parliament understanding that the Salmond-fishings are one of the principal benefits whereby Trade is maintained and Money brought into the Kingdom And that through the evil ordering thereof both in the insufficiency of the Barrels and also in the disloyal packing of the same not only is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should return thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ratifies and Approves all and sundry Acts of Parliament Laws and Constitutions of this Realm made anent Salmond-fishing and the sufficiency of the Barrels and loyal packing thereof with this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappel for which they shall be answerable without Worm-holes and White-wood and of sufficient tightnesse for containing the pickle and sufficient tightnesse for enduring all kinde of stresse in the handling and that the Barrels contain no lesse then ten gallons of the Stirling pint conform to an Act of His Majesties Council of the date at Halyrood-house the fifteenth day of July one thousand six hundred and nineteen years which His Majesty with
the prices of the Footmantles be raised in the same way and by the same execution with the daily allowance aforesaid the Commissioners alwayes at the rising of each Parliament making the Footmantles forthcoming to the Shire to be disposed as they shall think fit XXXVI Act anent Presentation of Ministers FOrasmuch as the Kings most Excellent Majesty considering how necessar it is for the right and orderly administration of Gods Worship and the exercises of Religion and for keeping of His good Subjects within their duties they owe to GOD to His Majsty to their native Countrey and fellow Subjects especially at this time after so many confusions and distractions both among Church-men and others That more then ordinary care be had in presenting of Ministers to all such Kirks as are or shall be vacand within this Kingdom hath given particular Commission under His great Seal as to all Presentations to all Personages Vicarages and other Benefices and Kirks at His Majesties presentation And as to all other Benefices and Kirks whereof the presentation belongs to any other Patron or Patrons whatsoever His Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That all Patrons or Persons whatsoever who hath or pretends any right to the Presentations to any Patronages Vicarages or other Benefices of cure Kirks or modified Stipends be carefull in all time coming that Presentations to these Benefices Kirks or Stipends be granted by them to such persons only as shall give sufficient evidence of their Piety Loyalty Literature and peaceable Disposition And shall in presence of the Patron or his Atturney and of the Sheriff of the Shire Stewart of the Stewartry or heretable Baily or Commissar of the bounds if it be in the Country and of the Magistrates of the Burroughs within the Burgh before the granting and their accepting the Presentation take and subscribe the Oath of Alleagiance the said Sheriff Stewart Baily Commissar and Magistrates having first taken the Oath themselves And it is hereby Declared That if any person who hath not so taken the Oath of Alleagiance shall be presented by any Patron not only shall the Presentation be void and null of it self but the right of the Patronage as to that vacancy shall belong to the Kings Majesty and the Patrons be repute dis-affected to His Majesties Government and contemners of His Royal Authority And Ordains thir presents to be printed and published at the Mercat Crosses that none pretend ignorance XXXVII ACT concerning the Bullion OUr Soveraign Lord with advice of the Estates of Parliament now presently conveened by His Majesties special Authority considering how much the penury and scarcety of His Majesties Coyn here in Scotland is occasioned by the meannesse and smalnesse of the proportion of Bullion at first imposed never heretofore considerably augmented notwithstanding His Majesties Customes have been several times augmented Enacts Statutes and Ordains That all Commodities lyable in paiment of Bullion shall pay according to the Rates mentioned in the Alphabet of Bullion after-following as the same is now augmented and condescended upon Which Alphabet of Bullion His Majesty with advice foresaid Ordains to be printed and published And to prevent all abuse and prejudice to the said Mint that may occur and fall out by the Customers exacting of His Majesties and His Predecessors their own Coyn from the Merchants exporters of the Commodities lyable in paiment of the quantities of Bullion as is aforesaid or else exacting so much per ounce of the said Merchant exporter to the great prejudice and utter destruction of the said Mint His Majesty with advice foresaid Statutes and Ordains that every Fermerer or Customer within this His Majesties Kingdom shall by the advice and concurrence of the several Clerks of Cocquet cause all and every Merchant whether Native or Forraigner exporter of the Commodities lyable in paiment of the quantities of Bullion set down in the aforesaid Alphabet of Bullion condescended upon and agreed to as the same is now augmented and Ordained to be printed and published find sicker Surety and Caution or give Pledges that he may answer for that Bullion equivalent in proportion to the quantity of goods exported be delivered to the Officers of His Majesties Mint and that of Forraign Bullion either Plate or burnt Silver twelve Denier fine and being baser to be considered by weight and reckoning and the said Surety or Pledges to be taken before the said Merchant receive his Cocquet Transire or other Warrand whatsoever for exporting the saids goods lyable in paiment of the quantities of Bullion as is aforesaid and Prohibites and Discharges all and every of the saids Customers and Clerks of Cocquet within this Kingdom to exact or receive any of His Majesties or His Predecessors Coyns or any other satisfaction whatsoever except the said Forraign Bullion at the fineness aforesaid and that not only under the pain of deprivation of their Offices but also of punishing of their persons and fining of them in their goods by the appointment and at the discretion of the Lords of His Majesties Secret Council and to the effect any such collusion or transaction may be discovered His Majesty with advice foresaid Statutes and Ordains that each person delating or discovering any such collusion or transaction as is aforesaid shall receive and have paid to him the third part of the value of the Bullion that was due to have been paid by the Merchant exporter but prejudice of the certification foresaid As also it is Statute and Ordained That the saids Customers their Accounts be controlled upon the quantity of Bullion delivered to the saids Officers of His Majesties Mint according to their Letters of receit thereof and what rests not delivered that the Customers be answerable therefore and that the saids Customers grant a convenient time for home-bringing of the said Bullion correspondent to the distance of the port at which the goods exported are to be delivered the longest time not exceeding seven moneths And in like manner it is Statute and Ordained That the Alphabet of Bullion as the same is now established and appointed to be printed and published be of full force from the date of thir presents And that all Commodities exported after the said day be lyable to the several proportions of Bullion therein contained notwithstanding of any Act or Acts made or to be made in this present Parliament in favours of any Manufactories Companies of Fishing or Trade or other Acts whatsoever which are hereby Declared not to impede the paiment of Bullion augmented in manner foresaid Follows the A B C. of Bullion as it is now established by our Soveraign Lord and Estates of Parliament A AShes Pot-ashes Wood or Soap-ashes the last four ounces Bullion Silver twelve Denier fine Aquavitae the barrel containing ten gallons two ounces Bullion Silver twelve Denier fine Alum ilk two hundred weight two ounces Bullion Silver twelve Denier fine Anniz-seids ilk hundred weight two ounces Bullion Silver
of any Committee or Incorporation whatsoever which are all hereby Cassed Rescinded and Declared void and null in so far as they may be conceived to derogate from the Priviledges and Immunities granted by this present Act in favours of Trades-men Natives or Strangers belonging to or brought home by the saids Companies of working in the saids Manufacturies And to the end that the foresaids Stuffs and Cloaths may be more usefull at home and have the better vent abroad His Majesty with advice foresaid doth Prohibit and Discharge any Weaver belonging to the saids Companies or private Trades-man to make any Searges under the breadth of an ell and a nail Perpetuanaes and Sempiternums under the breadth of three quarters and a half nor no Woollen Cloath under an ell and a half broad under the pain of twenty pounds to be paid by the Weaver thereof and the saids Stuffs and Cloaths to be confiscat the one half to His Majesties use and the other half to the use of the discoverers thereof Further His Majesty with advice foresaid for encouragement of these who shall enter into the saids Companies or Manufacturies Doth grant to ilk one of the saids Companies all the Priviledges and Immunities that are or shall be hereafter by the Kings Majesty indulged to the Companies or Societies of Fishers as if the same were herein exprest Whereanent His Majesty with consent foresaid hath dispensed and hereby dispenses for ever XLIII Act discharging the exportation of Linnen-yarn and regulating the breadth of Linnen-cloath c. OUr Soveraign Lord conceiving it necessary for the good and wel-being of His Majesties Subjects to project and indeavour the improvement of all the Native Commodities of this His Majesties ancient Kingdom and to make Laws and Ordinances for eviting and preventing of all fraud and deceit used heretofore in making Sale of the saids Commodities And considering that it would tend more to the advantage of His Majesties Subjects and promoving of Manufacturies to restrain the liberty that Merchants have taken to export Linnen-yarn then suffer them to carry the same unto other places and Kingdoms Therefore His Majesty with advice and consent of His Estates of Parliament Discharges any Merchant or others whatsoever to transport out of this Kingdom any Linnen-yarn under the pain of Confiscation of the same the one half to His Majesties use and the other half to the use of the Attacher and Apprehender of the said Yarn and Statutes and Ordains that all Yarn be sold by weight and that no Reel be made use of within this Kingdom under the measure and length of ten quarters and that under pain of Confiscation of any Yarn brought to the Mercat of a shorter Reel the one half to His Majesties use and the other half to the use of the Delaters and Apprehenders of the said Yarn As also His Majesty considering that Linnen-cloath is one of the most usefull Commodities of the product of this Kingdom whereby much money in ancient times was brought home And that now to the great prejudice of the said Commodity the same is brought in contempt abroad and become hardly vendible through the deceitfull Making evil Bleetching and unequal Breadth thereof Therefore His Majesty with advice and consent of the saids Estates doth Discharge and Prohibit all Weavers to make any Linnen-cloath of the price of ten shillings Scots the ell or above under the Breadth of an ell and two inches after the first day of November next to come under the pain to be imprisoned for the space of fourteen dayes and of twenty pounds Scots to be paid for each fault to Magistrates of Burghs Sheriffs of Shires Lords of Regalities and Barrons within their respective bounds and of the Confiscation of the same to the use of the Attachers and Discoverers thereof and Statutes that all Linnen-cloath be taken up by Selvage and not by the Rigg and so to be presented to the Mercat and that all Linnen-cloath be Bleetched without Lime under the pain of twenty pounds for each fault to be paid to the Magistrates foresaid within their respective bounds And lastly It is hereby Declared that all Flax and Linnen-yarn Imported and all Linnen-cloath Exported by such as shall enter into the Companies and Manufacturies for making of Linnen-cloath shall be free of Custom and all other Imposition for the space of fifteen years after the saids Manufacturies shall be established in the persons of such as shall enter themselves in the said Companies betwixt and the first day of January next conform to another Ordinance of Parliament for estabilshing the saids Companies XLIV Act for incouraging of Shipping and Navigation OUr Soveraign Lord considering that the Wealth Safety and Strength of this Kingdom are very much concerned in the increase of Shipping and incouragement of Trade and Navigation both which are much decayed if not wholly ruined by the late unhappy Wars and the sad effects that have followed thereupon And perceiving the present low condition of Trade and the small number of Ships and Sea-men within this Kingdom Hath thought expedient out of His Princely zeal for the publick good with advice and consent of His Estates of Parliament now presently conveened to Statute and Ordain and by these presents Statutes and Ordains that from and after the _____ day of _____ and thence forward no Goods nor Commodities whatsoever that are of Forreign growth Product or Manufacture which are to be brought into Scotland or any of the Isles thereto belonging shall be shipped or brought from any other place or places Countrey or Countries but only from those places where the saids Commodities do grow are produced or made or from the Ports where the saids Goods and Commodities commonly are or usually have been first shipped for Transportation and from no other place or Countrey and in no other Ships or Vessels but such as do truly and only belong to His said Kingdom and whereof the Master and three fourth parts of the Mariners are Natives and Inhabitants within the same or at least in such Ships and Vessels as do truly and only belong unto and are of the build of these Kingdoms or Countries where the saids Commodities do grow are made or produced and whereof the Master and three fourth parts of the Mariners are Natives and Inhabitants within the same All which is to be verefied and attested under the Seal of the City or place from whence they come and Oath of the Parties to whom the said Ships or Vessels do belong under the pain of Confiscation of all such Goods as shall be imported from any other place or Countrey or in any other Ship or Vessel contrair to the true intent and meaning of this Act As also of the Ship in which they shall happen to be imported with all her Guns Furniture Tackle Ammunition and Apparelling the one half to His Majesty and the other half to the use of those who shall discover the Contraveeners of this present Act and pursue for
Estates of Parliament Ordains that there be no greater price exacted for entering their Ships and Goods then the sum of twenty three shillings four pennies and for the said Cocquet then the sum of fourty shillings and that the keepers of the said Cocquet attend by themselves or their servants diligently and readily to answer and give out Cocquets to all Merchants and Masters of Ships under pain of losing their place whensoever they shall be found either to exact more then the said sum above written or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same LVI Act anent Coal-hewers OUr Soveraign Lord with advice and consent of His Estates of Parliament Ratifies the eleventh Act of the eighteenth Parliament of King James the sixth of worthy memory made anent Coal-hewers and Salters with this addition That because Water-men who laves and draws Water in the Coal-heugh-head and Gates-men who worke the wayes and passages in the said Heughs are as necessar to the owners and Masters of the said Coal-heughs as the Coal-hewers and bearers It is therefore Statute and Ordained by Our Soveraign Lord with advice and consent foresaid That no person shall hire nor seduce any Water-men Winds-men and Gates-men without a Testimonial of the Master whom they serve under the pains contained in the former Acts in all points And because it is found by experience that the giving of great Fees hath been a mean and way to seduce and bring Coal-hewers from their Masters It is therefore also Statute and Ordained That it shall not be lawfull for any Coal-masters in this Kingdom to give any greater Fee then the sum of twenty merks in Fee or Bounteth under any colour or pretext and because the saids Coal-hewers and Salters and other Work-men in Coal-heughs within this Kingdom do ly from their work at Pasch Zule Whitesunday and certain other times in the year which times they imploy in Drinking and Debauchry to the great offence of GOD and prejudice of their Master It is therefore Statute and Ordained That the saids Coal-hewers and Salters and other Work-men in Coal-heughs of this Kingdom worke all the six dayes of the Week except the time of Christmasse under the pain of twenty shillings Scots to be paid to their Master for ilk dayes failÈie by and attour the prejudice sustained by their saids Masters and other punishment of their bodies LVII ACT discharging the Custom of two and a half of the Hundred and the Impost of four pounds on the Tun. OUr Soveraign Lord considering that the prices of all Merchandice do daily rise to exceeding great dearth which is alleaged to be occasioned through extraordinary Customs and Impositions For remedy whereof His Majesty with advice and consent of His Estates of Parliament Doth discharge all and sundry whatsoever Customs and Impositions exacted by the Customers which are not allowed by the Acts of Parliament and especially the late Custom of two and an half per cent and the late new Imposition of four pounds upon the Tun of Wine and all raising of His Majesties Customs directly or indirectly without consent of Parliament And because that the too much troubling of Merchants and drawing of Masters and Mariners from their ordinary charges doth much impede the Trade Therefore His Majesty with advice and consent foresaid discharges the taking of Merchants Masters and Mariners Oaths in the matter of Customs And to the end that the Subject of Trade may not be restrained with unnecessary Customs His Majesty with advice and consent foresaid Declares that all Goods and Merchandice imported from Forraign places to this Kingdom and out of the same paying Inward-custom shall be free of all Outward-custom according as is used in England and Ireland Likeas His Majesty Declares that He consented to the Act above-written upon this condition that Commission and Warrand be granted to the Exchequer to establish the Book of Rates according as the prices of Merchandice now rules and His Majesty permitted the option to the Burroughs whereupon the Burroughs having advised they made choice to be ruled by the the Book of Rates anent the Customs and consented that Commission should be granted to the Exchequer to establish the Book of Rates according as the prices of Merchandice now rules In respect whereof Our Soveraign Lord Ordains a Commission to be drawn up to the Exchequer to the effect foresaid and extracted thereupon for establishing the Book of Rates according as the prices of Merchandice now rules And therefore Our Soveraign Lord with advice and consent foresaid Ordains the Act above-mentioned to stand as a Law in manner and to the effect above-rehearsed LVIII Act in Favours of these who get their Ward-holding changed by the Kings Majesty THe Estates of Parliament having taken to consideration that some difficulty hath occurred in the prosecution of His Majesties Royal Fathers intention of changing of Ward-holdings in Few for the well of His Subjects conform to the two Commissions granted by His said Majesty thereanent under the Great Seal of this Kingdom And that the said difficulty hath risen upon this ground that diverse of His Majesties Subjects holding Lands of His Majesty or of the Prince Ward or Few cum maritagio holds also other Lands of other Superiors Ward who whilst their Vassals held Lands Ward or Few cum maritagio of His Majesty or of the Prince could pretend no right to the Marriage of the Vassals Heir when the same shall be changed in Few and Composition and a yearly Few-duty being granted to His Majesty or the Prince for the said Ward and Marriage the other Superiors of the said Vassals of whom he holds Ward may contend for the benefit of the casuality of the Marriage of His Vassals Heir when the same falls out he being the Vassals eldest Superior of whom he holds Ward which was grievous to the Vassals who by this new course of changing of his holding hath componed both for Ward and Marriage Therefore it is Statute and Ordained by the Kings Majesty with advice and consent of His Estates of Parliament That all Vassals holding Ward of His Majesty or the Prince or holding Few cum maritagio who shall hereafter compone and agree with the Commissioners to be appointed by His Majesty for changing of their Holdings from Ward to Few or for renunciation of the Marriage contained in their Few-infeftments their Heirs and Successors in the saids Lands shall be free of the Marriage that can be acclaimed by their Superiors of the Lands holden by them of their saids other Superiors Ward and that the saids other Superiors shall have no right to the Marriage of their Heirs when the same falls out no more then they would have had if the Lands holden Ward of His Majesty or the Prince had continued still Ward but that the saids Vassals whose holding shall be changed or who shall compone for their Marriage as said is their Heirs and Successors shall
Prorogations were granted in favours of Tacks-men and the Extracts also perished the time of the Troubles Therefore His Majesty with consent foresaid Gives power to the saids Commissioners or Quorum foresaid appointed by this Commission to grant recompence and prorogation to the saids Tacks-men in the same manner as was prescribed by the former Commissions namely by the Commission in Anno one thousand six hundred and seventeen the Titulars alwayes being cited thereto And whereas it may fall out that some of the saids Commissioners now appointed may be unable to attend the service through death sickness or some other notour and known impediment Therefore His Majesty Declareth 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 Ordains the Acts Decreets and Ordinances thereof to have the force strength and effect of a Decreet Sentence and Act of Parliament and the Lords of the Session to grant and direct Letters of Horning Poinding and others requisit in manner contained in the foresaids former Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heritors 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 Heritors whose Teinds are not valued shall have liberty to value and buy the same at such Rates as are contained in the Act of Parliament one thousand six hundred and thirty three years With power to augment the saids Rates according to the burden of Augmentations and others sustained by the Titulars since the said Act of Parliament one thousand six hundred and thirty three years and the saids Heritors to have the liberty of buying as said is within the space of three years after the valuation With power to the saids Commissioners to determine therein according to Justice with this Declaration alwayes That in case the impediment during the space foresaid flow from the Titular by reason of his minority or other inability in that case the Heritor who offered 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 Heritor 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 the saids Teinds LXII ACT for ordering the payment of Debts betwixt Creditor and Debitor OUr Soveraign Lord considering how necessary and essential it is to the very being and flourishing of Kingdoms and Nations that there should be a National confidence among the people themselves and with these of other Nations with whom they have correspondence and traffick abroad and that the most effectual and proper way to beget cement and maintain the same is that Promises Pactions Obliegements and Debts be faithfully performed and satisfied without which there can be no trust and consequently no society intercourse and commerce at home and all Trade and Traffick with other Nations will certainly decay and cease to the irreparable loss ruine and discredit of the Nation Yet the troubles and difficulties of the time being so great that it is fit some breathing time and encouragement should be given to the Debitors for the better inabling them to keep their credit and to take some effectual course for paiment of their Debts Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That for all Sums and Debts contracted before the tearm of Whitsunday one thousand six hundred and fifty eight years and exceeding one thousand pounds Scots of principal personal execution shall be forborne by the space of six years to begin at Whitsunday last by-past in this instant year one thousand six hundred and sixty one Providing that the Debitors make paiment of one years Annualrent at Candlemesse next in the year one thousand six hundred and sixty two and that the residue of the by-gone Annualrents of the said Sums resting unpaid at Whitsunday next shall become and be made a principal Sum and the Debitor shall give security for the same to these who have right to the by-gone Annualrents when they take the benefit of the foresaid forbearance in manner after-mentioned or at any other time that the same shall be demanded Which Security to be granted for the said by-gone Annualrents made up in a principal Sum shall bear obliegement to pay Annualrent for the same in manner and from the tearms after-specified viz. For a third part thereof from Whitsunday next one thousand six hundred and sixty two years and for an other third part from Martimesse thereafter in the said year and for the last third part from Whitsunday in the year one thousand six hundred and sixty three during the not paiment of the said principal Sum so made up for which personal execution is to be forborne as for the other principal Sums by the space aforesaid of six years after Whitsunday last And without prejudice of the Security to be granted in manner foresaid It is also Declared and Ordained that the said by-gone Annualrents are made up and shall be holden and esteemed principall Sums And that Annualrents shall be due and payable for the same from the tearms and in manner foresaid and that execution shall follow at the instance of those who have right to the same upon and by vertue of their Bonds Contracts and Rights and of this present Act and Ordinance in the same manner as if a new Security were already granted in manner and of the tenour abovewritten And notwithstanding of the Premisses It is hereby Declared that the Lords of Session shall have power to grant and passe Suspensions for Sums not exceeding one thousand pounds upon such reasons as they shall think just And where those who have right to by-gone Annualrents are only Liferenters and have no right to the stock and principall Sum It is Ordained that it shall be lawfull to them to use execution for the whole by-gone Annualrents due to them as they might have done before the making of these Presents and that the saids Lords of Session shall have power to grant and passe Suspensions against the saids Liferenters in case they shall find just grounds and cause for granting of the same It is likewayes Provided that the benefit of the said forbearance shall only be granted and competent to such Debitors as shall pay the said years Annualrent within the time foresaid and shall betwixt and the first day of November compear before any of the Lords of Session with the Clerk and
in a generall Act of Indempnity to be past by His Majesty in this Parliament And forasmuch as the Ordinar Courts of Justice did sit and act by Warrand of these Meetings the Kings MAjESTY for the good and ease of the people doth with advice foresaid Declare That none of the Acts Decreets or Sentences given by these who sat as Lords of Session or as inferiour Judges within this Kingdom these years nor no Execution following thereupon are for want of lawfull Authority to be questioned Whereanent His MAjESTY with advice foresaid by these presents dispenses And also His MAjESTY considering that by a pretended Act and Commission from the said pretended Meetings or Parliaments Augmentations were granted to Ministers Kirks were divided new Kirks were erected and Lands from one Paroch to another dis-joyned and annexed and divers other particulars decerned in relation to the Plantation of Kirks which Commissions one or more though they had no lawfull Authority but in themselves were and are null Yet His MAjESTY being desirous to give all due encouragements to the Ministers of the Gospel doth with advice and consent foresaid Declare That all Acts Decreets and Sentences pronounced and given forth by the saids Commissioners and all Executions thereupon are and shall stand valid in time coming except such as upon the complaint of any party shall be found to have been unjustly or exorbitantly pronounced and decerned The determination whereof is hereby referred by His MAjESTY with advice and consent foresaid to the Commission for Plantation of Kirks to be established by His Majesty in this present Parliament that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of what was done by vertue of the saids Commissions in the years one thousand six hundred and fourty nine and one thousand six hundred and fifty as they shall think just conform to the standing Laws and Acts of Parliament preceeding the year one thousand six hundred and fourty nine and Ordains process upon supplication to be summarly granted parties alwayes being cited and that without any reduction As also with power to the saids Commissioners to be appointed upon the dependence of the saids complaints and process to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter may be determined by them And forasmuch as by a pretended Commission for the Exchequer divers Infeftments Gifts and others were past in the foresaids years one thousand six hundred and fourty nine and one thousand six hundred and fifty His Majesty with advice foresaid Declares That all such Gifts Infeftments and others are and shall be valid excepting alwayes new Gifts and Dispositions of Lands and others granted and past to His Highness prejudice and such other Gifts as upon the complaints of parties shall by His Majesties Treasurer and Commissioners of Exchequer be found to have been unjustly granted or past in prejudice of prior Gifts under His Majesties Hand though not past in Exchequer And whereas by a pretended Act of the foresaid pretended Parliament entituled Act abolishing the Patronages of Kirks all Patronages and Presentations of Kirks whether belonging to the King or any Laick Patron Presbyteries or others were discharged and all Acts Gifts and Rights granted thereanent Rescinded And yet neverthelesse it was thereby declared That the taking away of the Patronages should not prejudge the Patrons Rights to the Teinds nor weaken his Infeftment wherein the same is contained And that the Teithes of the Kirks whereof the Presentations were abolished should belong hereritably to the Patrons and be inserted in their Rights and Infeftments in place of their Patronage with power to the Patrone to dispone upon the saids Teinds in manner and with the exception contained in the said Act. And notwithstanding that the foresaid Act and whole Parliament be declared null yet nevertheless His Majesty with advice foresaid doth by these presents Declare That it shall be lawfull to Laick Patrons or Heretors to agree with the beneficed persons for Tacks or Rights of Teinds belonging to the said beneficed person according to the Laws of the Kingdom with this provision that the saids Tacks shall be no wayes prejudicial to the Stipend and Maintenance of the Ministers and persons to be presented according as the same hath been already modified or shall be modified in time coming and that notwithstanding of any Acts or Statutes made in the contrair All which Acts His Majesty with consent foresaid by these presents Discharges And in like manner His Majesty with advice foresaid Declares That as to such persons who are presently in possession of Kirks pertaining to the saids Laick Patronages the saids persons and Ministers shall during their service claime no right nor possession to the Teinds of their saids Kirks and Parochins other then they had formerly before the making of this Act they having alwayes a sufficient maintenance allowed and granted to them according to the Laws of the Kingdom X. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646. and 1647. THe Estates of Parliament considering the many sad and dangerous consequences that do accompany the neglect and contempt of lawfull Authority and that among the other Judgements wherewith it pleaseth Almighty GOD to visit such who resist the Powers and oppose the Commands of those intrusted by Him as His Vicegerents for the Government of His People they are ofttimes left to their own counsels to do that which highly provokes GOD to wrath renders themselves justly odious to the world and hatefull to their posterity Whereof there is too doolfull an experiment in an Act of the printed Records of Parliament of the sixteenth of January one thousand six hundred and fourty seven entituled Declaration of the Kingdom of Scotland concerning the Kings Majesties Person Which being now taken into consideration The Estates of Parliament do find and Declare That it was carried on and concluded by a prevalent party against the judgement of many of His Majesties Loyal Subjects And that it is a most sinfull disloyal and unworthy Act contrary to the will and commandment of GOD contary to all Laws Divine and Humane contary to the Duty and Alleagiance of Subjects contrary to all the rules of Justice Honour Gratitude and Humanity and highly reflecting on the honour of this ancient Kingdom and the reputation of His Majesties good Subjects therein And therefore the Kings Majesty with advice and consent of His Estates of Parliament doth hereby Annull and Condemn the same for ever And Ordains it to be expunged out of all Records and never to be remembred again but with due abhorrence and detestation And the Estates of Parliament conceiving themselves obliged in conscience to make the truth of this business and the manner of the carrying of it known to the World for the just vindication of this Kingdom and His Majesties dutifull and loyal Subjects
Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs
loss shame and dishonour to their native Countrey and have justly forfeited and favour they might have pretended to from His Majesties former concessions And forasmuch as now it hath pleased Almighty GOD by the power of His own right hand so miraculously to restore the Kings Majesty to the Government of His Kingdoms and to the exercise of His Royal Power and Soveraignty over the same The Estates of Parliament do conceive themselves oblieged in discharge of their duty and conscience to GOD and the Kings Majesty to imploy all their power and interest for vindicating His Majesties Authority from all these violent invasions that have been made upon it and so far as is possible to remove out of the way every thing that may retain any remembrance of these things which have been so injurious to His Majesty and His Authority so prejudicial and dishonourable to the Kingdom and destructive to all just and true interests within the same And considering that besides the unlawfulness of the publict Actings during these troubles most of the Acts in all and every of the Meetings of these pretended Parliaments do highly incroach upon and are destructive of that Soveraign Power Authority Prerogative and Right of Government which by the Law of GOD and the ancient Laws and Constitutions of this Kingdom doth reside in and belong unto the Kings Majesty and do reflect much upon the honour loyalty and reputation of this Kingdom or are expired and serve only as testimonion of dissloyalty and repraoch upon the Kingdom and are unfit to be any longer upon Record Therefore the Kings Majesty and Estates of Parliament do hereby Rescind and Annull the pretended Parliaments kept in the years one thousand six hundred and fourty one thousand six hundred and fourty one one thousand six hundred and fourty four one thousand six hundred and fourty five one thousand six hundred and fourty six one thousand six hundred and fourty seven and one thousand six hundred and fourty eight and all Acts and Deeds past and done in them and Declares the same to be henceforth void and null And His Majesty being unwilling to take any advantage of the failings of His Subjects during those unhappy times is resolved not to retain any remembrance thereof but that the same shall be held in everlasting oblivion and that all difference and animofities being forgotten His good Subjects may in a happy union under His Royal Government enjoy that happiness and peace which His Majesty intends and really wisheth unto them as unto Himself Doth therefore by advice and consent of His Estates of Parliament grant His full Assurance and Indempnity to all persons that acted in or by vertue of the said pretended Parliaments and other Meetings flowing from the same to be unquestioned in their Lives or Fortunes for any Deed or Deeds done by them in their said usurpation or by vertue of any pretended Authority derived therefrom excepting alwayes such as shall be excepted in a general Act of Indempnity to be past by His Majesty in this Parliament And it is hereby Declared That all Acts Rights and Securities past in any of the pretended Meetings above-written or by vertue thereof in favours of any particular persons for their civil and private interests shall stand good and valid unto them untill the same be taken into further consideration and be determined in this or the next Session of this Parliament XVI Act concerning Religion and Church Government OUr Soveraign Lord being truly sensible of the mercies of Almighty GOD towards Him in His preservation in the times of greatest trouble and danger and in His miraculous Restitution to His just Right and Government of His Kingdoms And being desirous to improve these Mercies to the glory of GOD and honour of His great Name Doth with advice and consent of His Estates of Parliament Declare That it is His full and firm resolution to maintain the true reformed Protestant Religion in it's purity of Doctrine and Worship as it was established within this Kingdom during the Reigns of His Royal Father and Grand-father of blessed memory And that His Majesty will be carefull to promote the power of Godlinesse to encourage the exercises of Religion both publict and private and to suppresse all prophanesse and disorderly walking And for that end will give all due countenance and protection to the Ministers of the Gospel they containing themselves within the Bounds and Limits of their Ministerial Calling and behaving themselves with that submission and obedience to His Majesties Authority and Commands that is suitable to the Allegiance and Duty of good Subjects And as to the Government of the Church His Majesty will make it His care to setle and secure the same in such a frame as shall be most agreeable to the word of GOD most suitable to Monarchicall Government and most complying with the publict peace and quiet of the Kingdom And in the mean time His Majesty with advice and consent foresaid Doth allow the present Administration by Sessions Presbyteries and Synods they keeping within bounds and behaving themselves as said is and that notwithstanding of the preceeding Act rescissory of all pretended Parliaments since the year one thousand six hundred and thirty eight XVII Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royal Government of His Kingdoms THe Estates of Parliament of the Kingdom of Scotland taking to their consideration the sad Condition Slavery and Bondage this ancient Kingdom hath groaned under during these twenty three years Troubles In which under the specious pretences of Reformation a publick Rebellion hath been by the treachery of some and mis-perswasion of others violently carried on against Sacred Authority to the ruine and destruction so far as was possible of Religion the Kings Majesty and His Royal Government the Laws Liberties and Property of the People and all the publick and private Interests of the Kingdom So that Religion it self which holds the right of Kings to be Sacred hath been prostitute for the warrand of all these treasonable invasions made upon the Royal Authority and disloyal limitations put upon the Alleagiance of the Subjects And hath it not also been pretended unto for the warrand of all those vile and bloody Murthers which in high contempt of Almighty GOD and of His Majesties Authority and Laws were under colour of Justice committed upon His Majesties good Subjects meerly for the discharge of their Duty to GOD and Loyalty to the King Hath not that Royal Government under whose Protection this Nation hath to the envy of the World been so famous for many ages been of late trode under foot and new Governments and Governours established and kept up without His Majesties Authority and against His expresse Commands Hath not Law which is the Birth-right and Inheritance of the Subject and the Security of their lives and fortunes been laid in the dust and new and unjust Edicts and Orders past and published for subjecting both life and fortune
coming for such use and intent of the like nature as the saids Justices shall appoint All Magistrates of Burghs and keepers of any Goals or Prisons shall receive into their Prisons all such persons as either shall be brought by Constables or sent unto them by Warrands under the hand of any one Justice of Peace the saids Justices causing satisfie for their entertainment and if any Magistrates or their Jaylors suffer any persons committed by the Justices to their Prisons to escape they shall be condignly punished therefore at the discretion of His Majesties Council Item Our Soveraign Lord with advice foresaid Ordains the saids Commissioners to set a price upon Crafts-mens work and upon the Ordinars of Penny-Bridals together with the price of Shearers Fees and to punish the Contraveeners as appertaineth They shall cause sufficient single and double Ale to be brewed in every Shire and shall appoint Visitors to that effect with consent of the Barron and Over-lord of the ground They shall set down Acts against notorious and common Drunkards and impose sums upon the Contraveeners according to their qualities and deserts Our Soveraign Lord with advice foresaid Declareth That Three Justices of Peace shall be a full number and Session to decide in matters occurring betwixt the four Quarter Sessions Also Declares that no Letters of Caption ought to be granted against the saids Justices for apprehending of Rebels except they be found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charges doth belong And because there is sensible prejudice seen and felt through many parts of the Kingdom by reason of diversity of Measures and Weights used in the same Therefore Our Soveraign Lord with advice foresaid for removing of all abuses which may ensue in any time to come thereby Hath found expedient and by this Decreet and Statute of Parliament Decerns Statutes and Ordains That there shall be but one just Measure and Weight through all the parts of the Kingdom which shall universally serve all His Highnesse Lieges by the which they shall sell and buy and receive and give out in all times to come which Measure His Majesty with advice foresaid finds should be that Measure of Linlithgow which is now commonly used and which hath been used most customably through the greatest parts of this Kingdom these many years by-past And for setling a perfit Order whereby all the Measures that are now used may be reduced to the conformity of the saids Measures now authorized and for making of proportion answerable betwixt the lesser Measure and Weights and the greatest His Majesty with advice foresaid hath granted full power and Commission to Alexander Frazer of Phillorth Sir Gilbert Ramsay of Balmayn William Scot of Ardross John Murray of Touchadam Sir Robert Hepburn of Keith James Creightoun of Saint Leonards Sir Andrew Ramsay Sir Robert Murray Sir Alexander Wedderburn John Bell William Cunningham Andrew Glen Sir William Thomson Whom or any seven of them His Majesty with advice foresaid Ordains to meet and conveen together at such time and place as they shall think expedient and to consult and advise together and to appoint and determine upon the most convenient means how the said Measures and Weights may be reduced to the conformity foresaid and after they have ripely advised therewith and given forth their determination thereanent they shall deliver the same and whole course of their proccedings in the said matter to the Commissioners and Justices of Peace and to the Deans of Gild of the Head Burghs of the Shires who shall be holden carefully to do their diligence to see the Measure foresaid now appointed to have course through all parts as well Burgh as Landwart And that there may be one constant conformity in Head Burgh and Land Our Soveraign Lord with advice and consent foresaid Ordains that the saids Justices of Peace in Landwart take tryal of the Measures and Weights used in Burgh and to take a Note from the Magistrates and Deans of Gild of every Town of the Weights and Measures and of the number thereof which the saids Magistrates and Deans of Gild in Burgh shall be holden to shew declare and give up to them to the effect the saids Justices to Landwart may confer the same with the Standard now authorized and where they find any disconformity in the same from the said Standard the saids Justices shall inform the Kings Majesties Council thereof that they may take order therewith as appertaineth For it is expresly provided by these presents that the saids Magistrates in Burgh shall not be permitted to have or use moe Measures within Towns then the number to be professed by them and given up in Writ to the saids Justices to Landwart as said is this alwayes being respected That if the saids Magistrates within Burgh find any necessity for having any moe Measures then was given up and used by them before it shall be licenced to them to make moe Measures they being answerable and conform to the Standard and making the saids Justices to Landwart foreseen and acquaint therewith and declaring the number of the Measures whereof they find the necessity of use The saids Justices shall be holden to give command and direction to their Constables to apprehend any such person who shall be found contemptuously to have disobeyed the Censures of the Church they being lawfully required to do the same The saids Justices of Peace as well to Burgh as Land shall conveen and be present at the Quarter Sessions of the Shire where the Burgh and Land lyeth give their Oath to the Bench at their admission make their Record and make paiment of the Fines intrometted with by them as Justices of Peace of that Shire to their Collector They shall appoint a sufficient Collector for uplifting the Fines and Penalties which they have power to impose upon an Offender and are to take Caution of him for making due accompt They shall have during the time of Sessions for every day of their abode so it do not exceed the number of three dayes at the most at one time allowed to every one of them fourty shillings Scots money daily to be paid and uplifted by the Collector of the Fines but neither Earl Lord Bishop Privy Councellor or Sessioner shall have any allowance and all such Justices as have the benefit of that allowance and shall be absent from every ordinary Quarter Sessions or otherwayes when he is required lawfully by the Custos Rotulorum to any particular Meeting shall incur the penalty of fourty pounds Scots money not being lawfully excused and the excuse allowed by the rest of the Justices there assembled The Lords of Session shall direct general and summar Charges of Horning and Poynding at the instance of the Collector appointed in every Countrey for ingathering all Fines and Penalties whatsoever incurred upon a simple Charge of fifteen dayes and no Suspension shall be
granted thereof but upon consignation of the sums contained in the Sentences and by finding Caution for paiment of the charges at the modification of the saids Lords The saids Commissioners at the end of every Quarter Session shall send to His Majesties Council a Catalogue of all such persons as they have either committed or otherwayes put under surety with a short Abbreviate of the cause thereof to the effect that thereupon the Council as they shall think expedient may return to them against their next Session or to the Custos Rotulorum in the mean time their further directions The saids Justices shall put in execution all Acts of Parliament made for punishing all persons whatsoever who shall Curse or prophanely Swear or shall be Mockers or Reproachers of Piety or the exercise thereof and shall require and levy upon every Offender the several penalties following viz. Of a Nobleman twenty pounds each Barron twenty merks each Gentleman Heritor or Burgess ten merks each Yeoman fourty shillings each Servant twenty shillings Scots money each Minister the fifth part of his years Stipend without prejudice to other proceedings against any such Minister for the same And in any of all the cases before specified in this Instruction the saids Justices shall put in execution all such Laws as for Corporal punishments have any provisions mentioned in them for such cases And in case of the inabilities of the parties Delinquents to pay the sum mentioned in this Instruction the saids Justices shall put in execution such Laws as for Corporal punishments have any provision mentioned in them for such cases and that the Wives Delinquents shall be punished according to the quality of their respective Husbands and that their Husbands be lyable for the paiment of their Wives Fines respectively in manner above-mentioned toties quoties for each fault And all others whatsoever not particularly herein nominate are to pay in proportion to their respective qualities and degrees And also the saids Justices are to put in execution the Acts of Parliament made for the punishing of all persons that shall be found guilty of the sin of Fornication and that they levy or cause to be levied the several pecunial sums therein mentioned viz. For each Nobleman for the first fault four hundred pounds each Barron two hundred pounds each other Gentleman and Burgess one hundred pounds every other person of inferiour quality ten pounds Scots money and that these penalties shall be doubled toties quoties according to the relapses and degrees of the Offence and quality of the Offenders And that the said penalties shall be levied not only of the Man but also of the Woman according to her quality and the degree of her offence the one without prejudice of the other All and sundry which penalties so to be levied are to be disposed of as followeth To wit one half to pious uses in the same Paroch where the Offenders live or the offence hath been committed and the other half to be divided in two equal parts one part whereof to be given to the Informer and Prosecutor and out of the other half to satisfie the Constable or other persons who shall be imployed for bringing the person accused to Justice and the remainder to be disposed of to pious uses or to satisfie the Constables for their travel and service in other parts of their office according as the Justices shall think fit That the Justices shall put the Acts of Parliament in execution for the punishing of all persons found guilty of the sin of Drunkenness or excessive Drinking especially under the names of Healths or haunting Taverns or Ale-houses after ten of the Clock at night or at any time of the day except in time of travel or for ordinary refreshments As also against the keepers of the Taverns or Ale-houses that shall sell the drink unto them Which Penalties in the saids several Acts contained the saids Justices are to levy or cause to be levied upon the saids Delinquents and the saids penalties are to be disposed of by the saids Justices in like-manner as aforesaid The saids Justices shall put in execution all Acts of Parliament made against such persons as shall Profane the Lords-day and require or levy the penalties therein contained which penalties foresaid the saids Justices are to dispose of in like-manner as aforesaid And at what time and whensoever one shall accuse another person or persons to be guilty of Treason Murder or other Fellony Blasphemy Incest or any other hainous Crimes in such cases the said Justice or Justices shall forthwith cause such person or persons to be apprehended and after inquiry made in the cause the said Justice or Justices if they find cause shall commit the Offender to prison or take sufficient Bail if the case by the Law be bailable and shall take the information of the Party accusing upon oath and bind him to prosecute and shall take the testimony or deposition of the witnesses likewise upon oath and bind them to give in evidence and shall also take the examination of the party accused All which Recognizances Informations Depositions and Examinations the said Justice or Justices shall certifie to the next Quarter Session Assizes or Criminal Courts respectively to the end the Justice may proceed against them according to the Law And if any Nobleman Barron or Baily or any in their names having power shall acclaim the right of Jurisdiction to proceed against any Delinquent apprehended by a Constable for any Capital crime Then and in that case any of the Justices shall receive security of the said Party who required the Defender to be delivered to him that justice shall be duely ministred and then shall cause delivery of the said person to be made to him and the said Justice of Peace at the next Session shall certifie the whole matter to the Bench to the effect they may enquire whether justice hath been accordingly ministred and if any fault be found to advertise His Majesties Council that order may be taken therewith The saids Justices shall twice in the year at the first of December and the first of June take up a list of the Poor in every Paroch within Burgh or Land into which number there shall no person be received who are any way able to gain their own living and to the effect these Poor may no longer be necessitate to seek their living with such hardship and difficulty by scandalous vaging as hitherto they have been in use of the Justices shall appoint two or more persons of good same and quality in every Paroch to be Overseers for the Poor in each Paroch aforesaid and to authorize the said Overseers to make due tryal and examination of the condition and number of such Poor Aged Sick Lame and Impotent inhabitants of the said Paroch who of themselves have not to maintain them nor are able to work for their living as also of all Orphans and other poor Children within the said Paroch who are
and others therein contained and Ordains the same to be put to execution conform to the tenor thereof in all points And also considering how usefull Goat-skins Hart Deer and other wilde Beasts Skins might be if they wrere prepared and improven by Skinners within the Kingdom His Majesty doth therefore with advice foresaid Discharge all Merchants Trades-men and others to Transport any Calf-skin Kid-skin Hudderon or Shorling-skins or any Goats-skins Hart Buck Deer or any other wilde Beasts Skins forth of the Kingdom under pain of Confiscation of the same And for the further incouragement of the Skinner-trade and Manufactury Licence is hereby given to Export Gloves made within the Kingdom free of all Custom and Excise for the space of nineteen years after the date hereof reserving alwayes to the Lord-Treasurer and Commissioners of Exchequer to give Licences for Exporting of Skins as they shall find cause after one year from the date hereof XLVI Act discharging Exportation of Woollen-yarn Worstead broken Copper and Pewter c. THe Kings Majesty considering the great prejudice this Kingdom and Manufacturies do receive by the Export of Worstead Woollen-yarn Raw and Unwaked-cloath and Stuffs and the discouragement that Trades-men and Artists have by the Export of broken Copper Brass and Pewter Doth therefore with advice and consent of His Estates of Parliament Discharge all Merchants Trades-men and others whatsoever as well Strangers as Natives upon any colour or pretext whatsoever to Export forth of this Kingdom any Worstead Woollen-yarn Raw or Unwaked-cloaths and Stuffs whatsoever made within the same Plaiding excepted or any broken Copper Brass or Pewter under the pain of Confiscation of what of any of the particulars above-written shall be apprehended in the Exporting the one half to be applyed for His Majesties use and the other half for the use of the apprehender and pursuer of the same XLVII Act discharging Trades-men to Import Made-work THe Kings Majesty considering the great discouragement given to Manufacturies and Trades by Tradesmen's bringing home from Forraign places such Commodities as may be made within the Kingdom by these of the same Trade Doth therefore with advice and consent of the Estates of Parliament Inhibit and Discharge all Trades-men and Mechanicks to Import from forraign parts any Made-work belonging to that Trade or Calling whereof they are Free-men or to vend the same or any such Ware brought home by Merchants in their Shops or otherwayes under the pain of Confiscation the one half to His Majesties use and the other to the apprehender or pursuer of the same XLVIII Act for incouraging of Soap-works THe Kings most Excellent Majesty considering the great advantage this His ancient Kingdom hath had and may have by erecting and keeping up of Soap-works whereby the Eastern Trade and Green-land Fishing will be much helped by Importing of Pot-ashes and other Materials and money brought into the Kingdom by the Exported Soap made within the same And His Majesty being sensible of the prejudice this Kingdom hath suffered during these troubles by the decay of these works and being willing to give all due incouragements to the same for the future Doth therefore with advice and consent of the Estates of Parliament Declare all Oyl Pot-ashes and other Materials of any kinde whatsoever to be imported for the use of Soap-works or making of Soap and all Soap made within the Countrey to be free of all Custom and Excise and all other publick or private Dues whatsoever and also that all Soap so made and Exported shall be free for the space of nineteen years after the setting up of these works and after the date hereof for such works as are already set up and discharges all Customers Collectors or Fermerers of Excise or Custom and all others whatsoever to demand Custom Excise or other Duty for any Oyl Pot-ashes Tallow or other Materials Imported for making of Soap or use of Soap-works allanerly or for Soap made within the Kingdom and exported as said is XLIX Act Reducing the Annuals to Six for the Hundred THe Kings Majesty with advice and consent of the Estates of Parliament Hath thought fit upon divers good considerations to Reduce Likeas hereby they do Reduce the Annualrents of all money within this Kingdom to Six for the Hundred yearly in all time coming And Declares the said Six for the Hundred to be free of all Retention or other publick Burdens whatsoever L. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session FOrasmuch as among the many and unparallel'd blessings wherewith it hath pleased the Almighty GOD to visit these Kingdoms in the return of His Majesty to the exercise of His Royal Government it is the great happinesse of this Kingdom that the ordinary Judicatories the fountains and seats of Justice are by His Majesty established according to their ancient and well grounded Constitutions And the Estates of Parliament considering how much it doth import the advancement of His Majesties service the honour of the Kingdom and the good of the Subjects that the Senators of the Colledge of Justice who are the Supream Judges under His Majesty in all civil Causes should be provided to a competent allowance towards their charge and expenses in their attendance on this their publick Administration And understanding that by the calling down of the Annualrents from ten to six of the hundred and by the disability of some Debitors and by laying aside the twentieth penny of Sentence-silver which is conceived to be an unequal burden and grievance to such as must sute the benefit of the Law and so are lyable thereto before they can have repetition of it or recovery of their just Debts the present yearly allowance to each of them will not exceed one hundred pounds Sterling which being so mean and unsuteable to the honour and reputation of that imployment and to equity and justice as to the persons called by His Majesty to serve therein Therefore the Estates of Parliament have thought fit to grant likeas they do hereby make a free Offer and Grant of a Taxation of Twelve thousand pounds Sterling towards the making up of a Stock whereof the Annualrent is to be imployed for the use aforesaid and to be paid by the Shires and Burghs of the Kingdom the one half thereof in the moneth of November next to come and the other half in the moneth of May thereafter in the year one thousand six hundred and sixty two years and to be raised in the same manner the present or last Impositions are and have been paid And in order thereunto The Kings Majesty with advice and consent of His Estates of Parliament Doth hereby Statute and Ordain the said sum of twelve Thousand pounds Sterling to be paid by the Shires and Burghs of the Kingdom in manner and for the use aforesaid the one half thereof in the moneth of November and the other half in the moneth of May next to come and that the same be brought in and
delivered to any whom the Senators of the Colledge of Justice shall appoint to receive the same and whose discharge upon the receipt thereof in whole or in part shall accordingly be a sufficient exoneration to the Shires and Burghs and all others whom it effeirs And the saids moneths of November and May respective being past Ordains Letters of Horning and Poynding and all other Execution necessar tobe directed at his or their instances against the Shires or Burghs of the Kingdom and their Collectors And twenty dayes being expired after either of the saids moneths respective Ordains Quartering to be upon deficient Shires and Burghs and that all who command the Forces within the Kingdom give orders and be assisting hereunto accordingly LI. Act concerning Arrestments OUr Soveraign Lord considering the great charges that Creditors are put to by Comprising of Sums owing to their Debitors by vertue of Heritable Bonds Contracts and other Writs bearing paiment of Annualrents which in respect of the Obliegment for Annualrent were not in former times Arrestable Therefore the Kings Majesty with advice and consent of His Estates of Parliament Finds and Declares that all Sums of money which are addebted by Bonds Contracts and other personal Obliegments whereupon no Infeftments have followed are and shall be Arrestable at the instance of any Creditor not-withstanding that the Bonds Contracts and other Obliegements bear paiment of Annualrents And the Kings Majesty with advice and consent foresaid Declares that this shall no wayes change the nature of the saids Sums nor prejudge the Heir nor any other person their rights to the same as being Heritable which are hereby Declared to remain in their own nature unchanged by this Act pro ut de jure except that only the same are Arrestable And it is hereby expresly provided that all Arrestments and Executions thereof since the twenty ninth day of July one thousand six hundred an fourty four years used conform to the tenor of this Act shall be as valid and sufficient as if this present Act had been of the said date But prejudice alwayes to the Creditors to Comprise the saids Heritable Sums if they shall choose rather to Comprise then to Arrest LII Act concerning the disposal of Vacant Stipends FOrasmuch as by divers Acts it is found that Stipends and Benefices of Vacant Kirks or which thereafter should vaik by Decease Deposition Suspension Transportation of Ministers Dis-union of Kirks or any other way should during the vacancy thereof be imployed on pious uses and the Kings Majesty considering that during these troubles many Learned and Religious persons in the Ministry and Universities for their expressions of duty and loyalty to His Majesty or not concurring in the confusions of the time have been Deposed or Suspended from their Charge and Ministry and have been otherwayes put under great sufferings and they and their Families redacted to extream misery and want And conceiving it to be an Act of great Piety and Justice to have regard to the sufferings of those honest and faithfull Ministers and others and in some measure to provide for them and repair their losses Therefore His Majesty with advice of His Estates of Parliament Ordains all Stipends or Benefices of Kirks that are vacant and not already disposed of or which shall vaik by Decease Deposition Suspension Transportation or any otherwayes to be imployed for the supply and maintenance and towards the reparation of the sufferings and losses of the persons aforesaids and of the Wives and Bairnes of such of them as are dead and that in such manner and wayes as after tryal of their merits and sufferings and the causes and grounds thereof shall be thought fit by the Lords of His Majesties Privy-Council to whom His Majesty with advice and consent foresaid commits the care of this business And doth hereby impower and require them to use all diligence that the Favour and Justice hereby intended by His Majesty to these suffering Persons and their Families may be made effectual and that notwithstanding of any thing contained in any of the saids Acts to the contrair It is alwayes provided that this Act is without prejudice of any Benefit which by the Law and Custom of this Kingdom falls to the Relict Bairns or Executors of a Minister after his decease and that this Act is to endure for the space of seven years and longer as His Majesty shall think fit LIII Act ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property c. OUr Soveraign Lord with advice and consent of the Estates of this present Parliament Ratifies and Approves and for His Highnesse and His Successors perpetually Confirmes the tenth Act of the first Parliament of His Majesties Royal Father of blessed memory King Charles the first holden at Edinburgh in Anno one thousand six hundred and thirty three Intituled An Act anent the Annexation of His Majesties Property in the whole Heads and Clauses thereof especially that Clause of the same whereby His Majesty and the Estates of Parliament then conveened did Declare the right and title of Superiority of all and sundry Lands Barronies Milnes Woods Fishings Towers Fortalices Mannor-places and pertinents thereof pertaining to whatsoever Abbacies Priories Prioresses Preceptories and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of Erected in temporal Lordships Barronies or Livings before or after the general Act of Annexation of Kirk-lands made in the month of July one thousand five hundred eighty and seven together with the whole Few-mails Few-fermes and other Rents and Duties of the saids Superiorities to be annexed and to remain with the Crown for ever upon the reservation of the Lords and Titulars of Erection therein specified Likeas thereby His Majesty and Estates foresaid Found and Declared that all Titulars of Erection without exception should hold their property and proper Lands of the Kings Majesty and His Successors in Few-ferm for paiment of the Few-ferm-duties contained in the Infeftments granted to them before the said Act of Annexation and no otherwayes And that all Rights and Deeds made and granted to whatsoever person or persons preceeding the date of the foresaid Act which might prejudge His Majesty and His Successors in the peaceable injoying of the said Superiorities and Few-ferm-duties should be null and of no avail by way of action exception or reply And further His Majesty with advice and consent foresaids of new Declares the foresaid Superiorities of all and whatsoever Kirk-lands Milnes Woods Fishings and whole pertinents of the same pertaining of before to whatsoever Chapters Priors Prioresses Preceptors and whatsoever other Benefices of whatsoever other Estates Degree Title or Designation they be of whereof the Presentation belonged to His Majesty and His Highnesse Predecessors erected in temporal Lordships Barronies and Livings to pertain to His Majesty and His Highnesse Crown therewith to remain in all time coming And also Declares all and whatsoever Grants Rights or Infeftments of