THE LAWS AND ACTS OF THE SECOND PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh the 19. of October 1669. By a Noble Earl John Earl of Lauderdail Viscount Maitland Lord Thirlestane and Bolton c. His Majesties Commissioner for holding the same by vertue of a COMMISSION under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted from the Records of Parliament be Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His Majesties Council Registers and Rolls Edinburgh Re-Printed by the Heir of Andrew Anderson Printer to the Kings Most Excellent Majesty Anno Dom. 1679. CVM PRIVELEGIO CR HONI SOIT QUI MAL Y PENSE LAWS and ACTS made in the second PARLIAMENT our 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 I. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical November 16. 1669. THe Estates of Parliament having seriously considered how necessar it is for the good and Peace of the Church and State That His Majesties Power and Authority in relation to Matters and Persons Ecclesiastical be more clearly asserted by an Act of Parliament Have therefore thought fit it be Enacted Asserted and Declared Likeas His Majesty with Advice and Consent of His Estates of Parliament do hereby Enact Assert and Declare That His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom and that by vertue thereof the Ordering and Disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors as an inherent Right to the Crown And that His Majesty and His Successors may Settle Enact and Emit such Constitutions Acts and Orders concerning the Administration of the External Government of the Church and the Persons imployed in the same and concerning all Ecclesiastical Meetings and Matters to be proposed and determined therein as they in their Royal Wisdom shall think fit Which Acts Orders and Constitutions being recorded in the Books of Council and duly published are to be observed and obeyed by all His Majesties Subjects any Law Act or Custom to the contrary notwithstanding Likeas His Majesty with Advice and Consent foresaid doth Rescind and Annull all Laws Acts and Clauses thereof and all Customs and Constitutions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacy as it is hereby asserted And declars the same void and null in all time coming II. ACT concerning the Militia November 16. 1669. FOrasmuch as by divers ancient Laws an Acts of Parliament made in the Reigns of His Majesties Royal Ancestors it is Statute and Ordained That Weapon-showings be holden in ilke Shire several times in the year at which the Lieges are appointed to be harnished and armed according to their qualities and degrees as at length is specified in these Acts. And it being declared by the fifth Act of the first Session of His Majesties late Parliament That it is His Majesties Prerogative-Royal and undoubted Right to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwayes disposing thereof as He shall think fit As also the Estates of Parliament of this Kingdom in recognisance of His Majesties Royal Prerogative foresaid and in a further acknowledgement of their duty Having by the twenty fifth Act of the last Session of the foresaid Parliament made offer to His Majesty of twenty thousand Footmen and two thousand Horsemen sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportion exprest in that Act to be in readiness as they shall be called for by His Majesty to march to any part of His Dominions of Scotland England or Ireland for any service wherein His Majesties Honour Authority or Greatness may be concerned And His Majesty finding it expedient that the foresaid number of Foot and Horse should be modelled and trained in military discipline to the effect they might be in greater readiness and fitness for His Majesties Service when they should be called for Having by advice of His Privy Council constituted and settled a Militia of Horse and Foot in many Shires of the Kingdom according to the proportions mentioned in the foresaid Act and in some other Shires a Militia of Horse only having thought fit in this exigent for important reasons to change their Foot into a proportion of Horse suteable to the charge of their proportion of Foot And having nominated and appointed the Collonels and Lieutenant-Collonels of Foot and Captains of Horse And the Lords of Prvy Council having by His Majesties Order and Warrand appointed Commissioners of the Militia in the several Shires ordered the election of the inferiours Officers appointed particular dayes of Rendezvous the way of listing of Foot-souldiers ordered fit allowances to be given to the Foot and Horsemen every day of the Rendezvous That Collours Standarts Drums and Trumpets be provided at the charge of the Shire and having given several other Orders and Instructions concerning the ordering and disposing of the Militia The Estates of Parliament do in all duty acknowledge His Majesties singular Wisdom and tender Care of this His ancient Kingdom in constituting and settling the foresaid Militia Likeas His Majesty with advice and consent of His Estates of Parliament doth Ratifie and Approve the constitution and model of the Militia as the same is established by His Majesty with advice of His Privy Council And particularly their appointing dayes for Rendezvous ordering fit allowances to be given to the Foot and Horsemen the saids dayes of their Rendezvous And all Acts Commissions Orders and Instructiones past and emitted by the Council concerning the Militia and their whole proceedings relating thereto And Statutes and Ordaines that in all time coming there be allowed to each Footman six shillings Scots and to each Horseman eighteen shillings Scots every day of the Rendezvous to be payed be the Heretors And that the said six shillings to be payed to the Footmen be refounded to the Heretors by the men-tennents and servants for whom the Footmen are put out and who are not listed in the Militia And also Statutes and Ordaines that the Rendezvous be punctually keeped that Horse and Foot be duely outreiked and sufficiently armed that Fractions with their proportions of the price of the Collours Drums Standarts and Trumpets be timeously payed Likeas His Majesty with advice foresaid doth give power and warrand to the Commissioners of the Militia in the respective Shires to fine parties for the Souldiers absence from the Rendeizvous not exceeding six pounds Scots for the Horsemen and two pounds Scots for the Footman absent
and Ordained that all and whatsover Commodities yearly exported forth of this Kingdom should be lyable to the payment of Bullion twelve denier fine according to the quantities contained in the Alphabet of Bullion thereto adjoyned and that for the yearly support of a stock of Coinage within the Kingdom and for supplying of His Majesties Mint being a part of His Prerogative Royal. And His Majesty and the Estates of Parliament being still willing to support and encourage the same and to provide for all necessary wayes and remedies for increasing the stock of Coinage within the Kingdom and especially those that may be of most advantage and may most encourage the Manufactories and the natural growth and native Commodities of the Kingdom And finding that the removing of the Bullion from the whole native Commodities and others exported forth of this Kingdom and that the imposing of the said Bullion upon the Commodities imported or some considerable part thereof may very much contribute thereto And being resolved that His Majesties Mint should be hereby encouraged and that no hurt or derogation should thereto occur by this change Therefore His Majesty with advice and consent of His Estates of Parliament Declares That all and whatsover native Commodities of this Kingdom and others that shall be exported forth thereof contained in the foresaid Alphabet of Bullion after the second day of February next to come one thousand six hundred and seventy years shall be free and are hereby discharged of the payment of all quantities of Bullion therein contained And the Customers and their Deputies are hereby prohibited and discharged to take surety or pledges or to use any other exaction upon the Merchants therefore under all highest pain And His Majesty with advice foresaid Rescinds and Annulls any Causes contained in the foresaid thirty seventh Act of the first Session of His Majesties first Parliament or in any other Acts of Parliament in so far allanerly as the same imposes Bullion upon the native Commodities of this Kingdom and others to be exported forth thereof and no further And in lieu and place thereof Statutes and Ordains That the imported Goods and Commodities under-written be lyable in payment of theseveral quantities of Bullion aftermentioned viz. Spanish Rhenish and Brandy-wines of all sorts each Tun twenty four ounces twelve denier fine French-wines of all sorts every Tun twelve ounces Loaf-suggar the hundred weight six ounces Playing-cards one ounce the gross Paper for Printing and Writing of all sorts one ounce every six rimms Gray-paper every twelve rimms one ounce Deals every thousand five ounces Single-trees every thousand five ounces Double-trees every thousand ten ounces Double-double-trees and all other greater Fir-timber every thousand twenty ounces Steel every hundred weight one ounce Iron and Iron-work beaten of all sorts every Tun two ounces Onions and Aples every two Barrals one ounce Mum-beer every Barral four ounces Prunes every Tun four ounces Raisins Currants and Figs every Tun ten ounces Iron-pots of all sorts every dozen one ounce Soap every Barrel two ounces Suggar-candy every hundred weight ten ounces Copper-kettles Brass-pans and all other made work in Brass or Copper Yetline or beaten every hundred weight four ounces Mader every thousand weight five ounces Hats of all sorts every three dozen two ounces Window-glass of all sorts every Chest one ounce Limons and Oranges each thousand one ounce Hops of all sorts every hundred weight one ounce Spanish-leather Marikin Tanned-leather Wild-leather and all other sorts of leather except Muscovia-leather every hundred weight one ounce Gloves of all sorts each dozen one ounce Whale-bane or Baline ilk two hundred weight one ounce And Statutes and Ordains that the Merchant or other importers of the abovewritten Commodities or any of them make ready payment of the foresaids quantities of Bullion hereby imposed to the Officers of His Majesties Mint for the time being of the fineness of twelve Deniers and being baser to be considered by weight and reckoning and that immediately upon the entry of the saids Goods And in case the said importer shall fail to pay in the saids Bullion at his entry he shall be holden and astricted to make payment of the sum of twelve Shillings Scots for ilk ounce thereof to the Collectors at the Port or Precinct where he enters the saids Goods and which money so payed by him at his entry shall be redeemable from the saids Collectors upon the payment of the foresaids quantities of Bullion in to the Officers of His Majesties Mint Provided alwayes such payment of Bullion be made within fourty dayes after the date of the entry of the Goods and not thereafter And it is hereby Declared That it shall not be lawful to the saids Tacks-men Collectors or their Deputies to permit the saids importers to break Bulk or to give them Transire's or other warrant thereanent till first the saids Importers report or produce the Mint-masters receipt of the due quantity or Bullion payed in specie or else that the Tacks-men Collectors or their Deputies receive payment of twelve Shillings Scots for ilk ounce of Bullion not delivered in to the Mint and for ilk ounce of Bullion of twelve Denier fine sopayed in to the Mint in specie by the Importer he is to have delivered back to him in His Majesties Coin three pounds ten pennies Scots and for ilk ounce of eleven Deniers fine he is to have delivered back to him fifty five shillings nine pennies Scots and so proportionably conform to the fineness of the Bullion given in and that in satisfaction of all Dues whatsover that can be acclaimed by the Officers of the Mint for His Majesty or otherwayes And whereas by the former Acts of Parliament made anent Bullion the general Tacks-men and Collectors of the Customs and their Deputies were bound and oblieged to take sicker Surety or Pledges such as they would be answerable for for the Bullion to be brought in and which then lay upon export and that what rested not delivered to the Mint the saids Tacks-men Collectors and their Deputies were to be answerable therefore And that by the constant practice of His Majesties Exchequer the saids Tacks-men and Collectors by their Tacks and Commissions given to them and Obligations granted by them are bound to make count reckoning and payment of the whole Bullion then arising upon the export of this Kingdom And lest His Majesty or his said Mint should sustain any hurt or prejudice or be at any uncertainty by loosing of those bonds or by this change Therefore it is hereby Statute and Ordained that all general Tacks-men of His Majesties Customs of this Kingdom general Collectors of the same and their Deputies present and to come shall be and are hereby bound and oblieged virtute Officii and by the acceptation of their Tack or Office to make count reckoning and payment to the Officers of His Majesties Mint of all and whatsoever quantities of Bullion that shall yearly arise upon the imported
foresaid Statute Ordain and Declare That no Manufactory shall have the benefit thereof excepting such as shall be or hath been lawfully erected since the first day of January one thousand six hundred sixty one years and shall be found by the Lords of His Majesties Exchequer to have been or to be erected conform to the Acts of Parliament and to have the qualifications required by the same And further His Majesty understanding that if after so large expressions of his Majesties Royal care and tenderness for the advancement of Trade and ease of Merchants any shall be so unfaithful as to persume to conceal and abstract the Goods imported by them thereby evading the payment of the Custom and Excise due and payable to His Majesty not only His Majesty will be prejudged of His Custom and Excise but also the Trade of Merchandise will be much endamaged by the said Merchants their underselling others who do honestly make true entries of their Goods and pay the duties of Custom and Excise Therefore for preventing of the said prejudice and abuse His Majesty with consent foresaid doth give power and warrand to the Collectors of Custom and Excise or to their Deputies to call and pursue such persons who shall wilfully and wickedly conceal and abstract their Goods or any part thereof and not duly enter the same or who shall be accessory or any wayes aiding and assisting to the concealing or abstracting thereof and that before the Lords of His Majecties Exchequer if the saids persons dwell and reside within twelve miles of the place where the saids Lords shall happen to sit for the time or in their option before any other competent Judge And in case the saids persons live at farther distance it shall be lawful to the said Collectors or Farmers or their Deputies to pursue them before the Sheriffs Stewarts of Stewartries or Bailiffs of Regalities Magistrates of Burghs or any other competent Judges who are hereby required to take due and speedy tryal of the premisses and to admit probation thereof by writ witness oath of party or otherwise according to Law any Act or Acts of Parliament or Clauses therein contained to the contrary thereof notwithstanding And to the end that His Majesties Lieges and Merchants upon the occasion and pretence foresaid be not unjustly molested and troubled It is Ordained that the saids Process and Pursutes shall be intended within three Moneths after the fraudful abstracting and imbezleing foresaid and that these at whose instance they shall be pursued shall be oblieged to give their oaths de calumnia if thereto required that the saids pursutes are not intended of malice but upon credible information and that they have just reason to pursue as they conceive And in case any Merchant Skipper Mate or Marriner or other person shall be found guilty of or accessory to the said imbezeling in concealing or abstracting any Goods which ought and should have been entered It is Statute and Ordained that the said delinquents shall be imprisoned for the space of twenty four hours and untill they make payment of the full price and value of the Goods which shall be found to have been abstracted by them and shall be further fined by the Lords of His Majesties Exchequer as they shall see cause And in case any Goods shall be found and seised upon account that they were concealed and not duly entered they shall not only be detained and confiscate without redemption but also the Owners of the said Goods and all others who shall be found to be accessory or aiding to the concealing or abstracting of the same shall be imprisoned for the space of twenty four hours and such fines and other punishment shall be imposed and inflicted upon them as the Lords of Exchequer shall appoint And that the Collectors of His Majesties Customs and Excise and their Deputies at the making their accounts of their intromission with the Custom and Excise-duties shall be holden and obliged to give their oaths upon the truth of these accounts to be given in by them And it is provided and declared by His Majesty with consent foresaid that the foresaid Act of His Majesties first Parliament whereby the Excise is imposed shall stand and is and shall be of full force except in so far as the same is altered innovat qualified and taken away in manner above-mentioned XIII ACT for annexation of Orknay and Zetland to the Crown December 17. 1669. FOrasmuch as the Isles of Orknay and Zetland are a great and so considerable a part of this His Majesties ancient Kingdom that for divers Ages they were the occasion of much trouble and expense of blood and money for maintaining thereof against the invasion of Forraigners and recovering the same out of their hands by Arms and Treaties And the saids Isles being of a great and large extent of bounds and so remote and at such a distance from the ordinary seat of Justice and Judicatories that the Inhabitants within the same are not able to travel in the winter season and at other times cannot without great trouble and expenses repair to the said Judicatories to complain when they are oppressed and grieved It is not only fit in order to His Majesties Interest but will be the great advantage of His Majesties Subjects dwelling there that without interposing any other Lord or Superior betwixt His Majesty and them they should have an immediate dependance upon His Majesty and His Officers being their great security against Forraign attempts and oppression at home And seing it is most expedient and necessar that a publick Patrimony and certain Revenue in Lands Lordships and others should be settled upon and annexed unto His Majesties Crown for supporting of His Royal Estate and Government and the great and necessar charges of the same which if not defrayed out of His Majesties own Property and Revenue would unavoidably ly and be a heavy burden upon His Majesties Lieges And to that purpose divers Acts of Annexation have been made from time to time and in specialy the Earldom of Orknay and Lordship of Zetland with the pertinents of the same were annexed to the Crown in the years one thousand five hundred and forty and one thousand six hundred and twelve respective And yet importunity prevailing with His Majesty and His Royal Father their goodness and inclination to gratifie their Subjects they have been induced to give away and part with so great a Jewel of their Crown and to dispone and grant Rights of the said Earldom and Lordship which being found to be to the great prejudice of His Majesty His Crown and Subjects and contrary to the Laws and Acts of Parliament of this Kingdom by a Decreet of the Lords of Session obtained upon the twenty fifth day of February last by-past at the instance of Sir John Nisbet of Dirletoun Knight His Majesties Advocat for His Majesties interest against William Earl of Morton Charles Lord Dalkeith his son George Viscount of Grandistoun and certain
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 maner foresaid shal not prejudge any third party of their lawful Rights nor of their Actions and Defences competent thereupon before the making of the said 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 XVII ACT of Adjournment December 23. 1669 THE Kings Majesty Declares this Parliament current and adjourns the same to the eight of June next to come Ordaining all the Members of Parliament to attend that day and that there be no new Election of Commissioners from Shires or Burroughs except upon the Death of some of the present Commissioners A LIST of the Printed ACTS past in the PARLIAMENT keeped at Edinburgh in October 1669. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical Page 3 2. Act concerning the Militia Page 5 3. Act for registration of Instruments of Resignation ad remanentiam Page 9 4. Act concerning poinding before the dayes of the Charge expire ibid. 5. Act for the security of the persons of Minister Page 10 6. Act for the ordering of Suspensions of the Benefices and Stipends of the Clergy Page 11 7. Act for Naturalization of Strangers Page 12 8. Act concerning the Bullion Page 14 9. Act concerning presciptions Page 18 10. Act concerning Interuptions Page 19 11. Act concerning the forfeiture of persons in the late Rebellion Page 20 12. Act concerning the Excise and Customs Page 22 13. Act for annexation of Orknay and Zetland to the Crown Page 28 14. Act concerning the Exportation of Corns Page 32 15. Act for regulating the prices of Ale and Drinking-beer and Maltmen Page 33 16. Act for repairing High-wayes and Bridges Page 35 17. Act anent inclosing of Ground Page 39 18. Act concerning adjudications Page 40 19. Act concerning the Confirmation and Quots of Testaments Page 41 20. Act for inbringing of publick Dues from the Northern Shires Page 43 21. Act Salvo jure cujuslibet Page 44 22. Act of Adjournment ibid. A LIST of the Acts and Ratifications past in in this first Session of His Majesties second Parliament and which are not here printed Rotestations by some Noblemen and others Commissioners from Shires and Burghs concerning their precedency in the Rolls of Parliament His Majesties Letters to the Parliament concerning the Union of the Kingdoms of Scotland and England with the Parliaments Answers Act anent the election of Commissioners from Shires Act for continuing the Imposition for upholding the Caussa of Couiemonth Acts for yearly Fairs and Weekly Mercats to some Noblemen and others Protestation by the Earl of Nithisdale that the forfeiture of Mcklelland of Balmagachan should not prejudge him Protestation by the Vassals of Orknay that they be not prejudged be the present annexation thereof to the Crown Protestation in name of the Duke of Lenox that this annexation do not prejudge his right of Admiralty in Orknay Protestation by the Lord Advocate contra these two Protestations Commission anent the regulation of the Commissar and Sheriff-Courts and other inferiour Courts of Justice Act suspending the payment of publick Debts Protection to William Dick. Ratification in favours of the Duke and Dutchess of Hamiltoun Protestation by the Town of Linlithgow against the same Protestation by the Duke of Hamiltoun in the contrair Two Ratifications in favours of the Earl of Argyl Protestations be the Earl of Errol and others against the same Protestation be the Earl of Argyl in the contrair Ratification in favours of the Lord Newbyth Ratification in favours of Mr. John Young of Leny Ratification in favours of Thomas Moncrief of that ilk Ratification in favours of the Earl of Kellie Ratification in favours of the Lord Stair Ratification in favours of Sir Andrew Fletcher of Aberlady Ratification in favours of Mr. Andrew Oswald and his Son Two Ratifications in favours of Sir John Nicolson of that ilk Ratification in favours of Mungo Graham of Gorthie Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Earl of Perth Ratification in favours of the Earl of Roxburgh Ratification in favours of Sir Alexander Frazer of Dorrs Ratification in favours of Sir Robert Cunningham of Achinharvy Ratification in favours of William Murray of Ochtertyre Ratification in favours of Sir James Drummond Ratification in favours of Sir John Forbes of Wattertoun Protestation in name of the Town of Aberdeen against the same Ratification in favours of the Earl of Tweedale Ratification in favours of Sir Hary Bruce of Clackmannan Ratification in favours of Sir Alexander Don of Newtoun Ratification in favours of Sir Patrick Home of Polwart Ratification in favours of Sir Charles Erskine of Cambo Ratification to him of his Office of Lyon King at Arms. Ratification in favours of Sir Philip Anstruther Ratification in favours of David Fothringhame of Pourie Ratification in favours of the Earl os Middleton Ratification in favours of the Earl of Dundonald Ratification in favours of the Lord Lee. Ratification in favours of Sir John Keith of Caskieben Ratification in favours of the Master of Ross Ratification in favours of John Forbes of Cullodin and his Son Ratification in favours of David Blair of Adamtoun Ratification in favours of William Hamiltoun of Wishaw Ratification in favours of George Dundas of that ilk Ratification in favours of Sir William Ker of Hadden Ratification in favours of Thomas Boyd of Pinkill Ratification in favours of the Minister of North Lieth Ratification in favours of Hugh Wat. Ratification in favours of the Town of Bervie Ratification in favours of Sir Adam Blair of Carberry Ratification in favours of George Fullertoun Ratification in favours of David Philp of Overcarnbie Ratification in favours of Mr. Robert Deens of Longhirdmistoun Ratification in favours of the Earl of Annandale Protestation in name of the Viscount of Stormont against it Protestation be the Earl of Annandale in the contrair Ratification in favours of Sir John and Sir Robert Dalyells Ratification in favours of Mr. John Wishart Ratification in favours of the Earl of Linlithgow Ratification in favours of Sir John Nisbet Lord Advocat Ratification in favours of Alexander Brodie of Letham c. Ratification in favours of Sir William Purvess of Woodhouslee Ratification in favours of the Girdle-makers of Culross Ratification in favours of James Stewart of Torrence Ratification in favours of the Lord Drumlanrig Ratification in favours of the Viscount of Stormont Ratification in favours of Lieutenant-General Drummond Ratification in favours of Sir William Bruce of Balcaskie Ratification in favours of the City of Glasgow Protestation be the Town of Ruglin against it Ratification in favours of the Town of Forfar Ratification in favours of Mr. Andrew Burnet of Weristown Ratification in favours of Sir John Aitoun of that ilk Remit for the Viscountess of Stormant Lord Drumlenrig and Laird of Ednem Act for an Imposition to be uplifted at the North-water Bridge Prorogation of the Imposition for the Bridge of Sauchtenhall Act for changing the Way at Walter Chiesties House at Dalry Recommendation for the Heretors of the Sheriffdom of Berwick concerning their fishing on Tweed Commissions for the fishings in the Waters of Spey and Divern Act anent the Fishings on Spey c. Commission for improving of Trade Act discharging the Custom of Books Act anent the Kirks of Kinneil and Burroughstounness Act concerning the Losses of the Town of Dundee Recommendation in favours of the Masters of the Scots Incorporation at London Continuation of the Lady Bramfords business FINIS
just and necessar it was that the Orthodox Clergy should be protected from the violence of disaffected and disloyal persons Did therefore with advice of His Privy Council by His Royal Proclamations of the fifteenth of March and thirteenth of June one thousand six hundred and sixty seven command and charge all Heretors Liferenters and others having any real Interest or Rent within the several Paroches of the Kingdom to protect defend and secure the Persons Families and Goods of their Ministers not only in the exercise of the Ministerial Function but in their dwelling Houses or being elsewhere within the Paroch from all injuries affronts and prejudices which they might incur in their Persons or Goods from the violence and invasion of any disaffected disloyal or other wicked person With certification if the actors of such outrages should not be apprehended and brought to tryal by the means and diligence of the Parochioners the Parochioners should be decerned to pay to suffering Ministers for reparation damage and interest such a sum and fine as His Majesties Council should determine as is more fully exprest in the saids Proclamations And the Estates of Parliament having taken to their consideration the proceedings of His Majesties Council herein and finding that the protection of the Orthodox Clergy and the restraining of the insolency of disaffected disloyal and wicked persons at this time did require more nor ordinary means and care from His Majesties Council Have therefore thought fit Likeas His Majesty with advice and consent of His Estates doth hereby Ratifie and Approve the two Proclamations aforesaid and the proceedings of His Majesties Council in prosecution thereof and authorizeth them still to prosecute the same as occasion shal offer until His Majesty in His next Parliament give farther Orders therein And it is Declared that this Act is and shall be but prejudice of any former Laws and Acts of Parliament made against the invaders of Ministers and of the pains therein contained And particularly the twenty seventh Act of the eleventh Parliament of King James the sixth and seventh Act of King Charles the first His Parliament in Anno 1633. Which Acts His Majesty with advice foresaid doth hereby Ratifie and Approve and Declares the same to stand in full force strength and effect in time coming VI. ACT. for the ordering of Suspensions of the Benefices and Stipends of the Clergy November 30. 1669. THe Kings Majesty being careful that the maintainance of the Clergy be duely secured unto them and that they be not withdrawn by unnecessar Law-sutes for recovery thereof Doth therefore with advice and consent of His Estates of Parliament Statute and Ordain That no Supension shall be past in time coming against any Archbishop Bishop Minister of the Gospel or Universities and Colledges of any Charges to be given at their instances for payment of the Rents of their Benefices Stipends or Colledge-rents where they have special Decreets against the Heretors or possessors due and lyable in payment thereof to them except upon production of Discharges or consignation of the sums charged for if the Rent of the Benefice or Stipend consist in money or of one hundred merks Scots for ilk Chalder of Victual where the same consists in Victual and proportionally if the Victual charged for be less then a Chalder without prejudice to the Lords of Session to modifie a greater or less sum for the Chalder of Victual as they shall find cause at the discussing of the Suspension And if any Bill of Suspension of a general Charge shal be presented in time of Session That the ordinary Lord upon the Bills before the passing thereof call for the Chargers at the Bar that they may instruct the ground of the Charge And in case it shall be found by the Lords of the Session at the discussing of the Suspension that either the Charge hath been malitiously given or malitiously suspended That the Lords modifie a fifth part of the sum charged for of expenses of Plea to be payed by the malitious Charger or Suspender VII ACT for Naturalization of Strangers December 8. 1669. OUR Soveraign Lord out of His Innate Bounty and Royal Inclination to favour and protect Strangers and for the encrease and promoving of Trade and Manufactories being garciously pleased and willing to give encouragement to Strangers to repair to and dwell and reside within this Kingdom Hath therefore thought fit Likeas His Majesties with advice and consent of His Estates of Parliament doth hereby Statute Ordain and Declare That all Strangers being of the Protestant Religion either such who having Estates shall think fit to bring the same to this Kingdom to dwell and inhabite within the same or who shall come to set up new Works and Manufactories therein and shall repair to and settle their abode dwelling and residence within this Kingdom shall be and are hereby naturalized as native born Subjects of the Kingdom of Scotland and are to enjoy His Majesties Royal Protection the benefit of the Law and all other Priviledges which a Native doth enjoy al 's freely in all respects as if they themselves had been born within the same and that they shall have liberty and freedom of Trade and freedom to buy and purchase Lands Heretages and other Goods moveable and immoveable and to enjoy the same by succession purchase or donation or any other way and to dispose thereof and transmit them to their Heirs and Successors who are to succeed thereunto And to enjoy all other Liberties Priviledges and Capacities which do belong to and are competent or may and shall belong to any native Subject born within this Kingdom And further His Majesty doth Declare that upon applications to be made unto Him by these Strangers He will grant unto them the free and publick exercise of their Religion in their own Languages and the liberty of having Churches within this His Kingdom It is alwayes hereby provided that no person or persons shall have the benefit of this act until first by Petition to the Lords of His Majesties Privy Council containing an exact designation of their names places of their birth and former residence and that they are of the Protestant Religion it be found by the Council that they are qualified according to this Act and ought to have the benefit thereof And it is hereby Declared that these presents with an Extract of the Act of Council in favours of the saids persons to the effect aforesaid shall be unto them a sufficient Naturalization to all intents and purposes Which Extract shall be given to them freely without payment of any money or composition save only the Fee of nine pounds Scots money to the Clerks of Council and their Servants VIII ACT concerning the Bullion December 8. 1669. OUR Soveraign Lord considering that by divers former Acts of Parliament made by the Kings Majesty and His Royal Ancestors and specially by the thirty seventh Act of the first Session of His Majesties first Parliament it is Statute
Commodities aforementioned and which shall be delivered by the Merchant in specie and also to make payment of all such sums of Money as shall be payed by the Merchant to them in place of Bullion at the aforesaid rate of twelve shillings per ounce to the General and Master of the Mint for the time being and that quarterly beginning the first quarters payment at the terme of Whitsonday next one thousand fix hundred and seventy and so-forth yearly and quarterly thereafter And whereas the saids Tacks-men Collectors or their Deputies were formerly holden and astricted to give in exact accounts of the whole Commodities exported yearly forth of this Kingdom upon Oath wherby the full charge of the Bullion was yearly known And to the effect that the full charge of the bullion now imposed upon the foresids Commodities imported may be al 's fully known It is hereby Statute and Ordained That the saids Tacksmen Collectors or their Deputies at all the Ports or Precincts within this Kingdom shall givein yearly in Exchequer the exact account of the several quantities of the Commodities whereupon Bullion is hereby imposed and that upon Oath at the feast and terme of Martimas yearly As also to exhibite and produce the subscribed Entries by the Marchants of the foresaids Goods imported and for that effect that Letters of Horning be directed against the said general Collectors Tacksmen and their Deputies by the Lords of His Majesties Exchequer upon a charge of six dayes And it is hereby declared That the saids Tacks-men Collectors or their Deputies shall be holden and astricted to deliver to the importer Certificates of the forsaid Bullion in specie or of the Money payed therefore at the rate foresaid gratis And whereas by the meaning of this Act it is left in the option of the importer either to pay Bullion in specie or to pay money for the same at the rate oftwelve Shillings per ounce and that the Money so payed is to be delivered to the General and Master of the Mint by the saids Tacks-men Collectors and their Deputies and thereby the said General and Master are oblieged to import the stock of Bullion themselves Therefore it is hereby Statute and Ordained that the saids Officers shall be oblieged to Coin the said Bullion so imported by them and to make the same pass His Majesties Irons and that the saids Officers be controled by their Letters of receipt of the saids sums of Money granted by them to the saids Tacks-men Collectors and their Deputies And it is hereby Declared That the foresaids whole Commodities imported after the foresaid day shall be liable to the several proportions of Bullion above specified notwithstanding of any Act or Acts of Parliament formerly 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 payment of Bullion imposed upon the imported Goods foresaids in manner abovementioned IX ACT concerning Prescriptions December 8. 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains That all Arrestments to be used hereafter upon Decreets registrate Bonds Dispositions or Contracts not pursued and insisted on within five years after the laying on thereof shall after that time prescrive And that all Arrestments already used upon the ground aforesaid shall preserive within five years after the date hereof And that all Arrestments used or to be used upon dependance of Actions shall likewayes prescrive within five years after Sentence is obtained in the saids Actions if the saids Arrestments be not pursued or insisted on within that time And likewayes His Majesty with advice foresaid Statutes and Ordains That Ministers Stipends and Multars not pursued for within five years after the same are due And likewayes Mails and Duties of Tennents not being pursued within five years after the Tennents shall remove from the Lands for which the Mails and duties are craved shall preserive in all time coming Except the saids Ministers Stipends Multars Mails and Duties shall be offered to be proven to be due and resting owing by the defenders their Oaths or by a special writ under their hands acknowledgeing what is resting owing And that all Bargains concerning moveables or sums of money probable by Witnesses shall only be probable by Writ or Oath of Party if the same be not pursued for within five years after the making of the Bargain And further His Majesty withadvice and consent foresaid Statutes and Ordains That all Actions proceeding upon Warnings SpuilÈies Ejections Arrestments or for Ministers Stipends and others foresaid shall prescrive within ten years except the said Action be wakened every five years But prejudice alwayes of any of the saids Actions which by former Acts of Parliament are appointed to prescrive in a shorter time And also Statutes and Ordains That Holograph missive Letters and Holograph Bonds and Subscriptions in Compt-books without Witnesses not being pursued for within twenty years shall prescrive in all time thereafter Except the pursuer offer to prove by the defenders Oath the verity of the saids Holograph Bonds and Letters and Subscriptions in the Compt-books It is alwayes hereby Declared That Prescriptions shall not run in any of the Cases foresaid against Minors during the years of their Minority X. ACT concerning Interruptions December 8. 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains that all Interruptions as to the Rights of Lands be citations shall in all time hereafter be execute by Messengers at Arms and against the defenders personally or at their dwelling places and at the Paroch Churches in the time of Divine Service or immediately after And in case the Parties be forth of the Kingdom at the Mercat-cross of Edinburgh and Peer and Shore of Lieth upon threescore dayes And that all Citations that shall be made use of for Interruptions whether in real or personal Rights be renewed every seven years otherwayes to prescrive Except the Parties be Minors In which case this Act is not to be extended against them during the years of their Minority XI ACT concerning the forfeiture of persons in the late Rebellion December 15. 1669. OUR Soveraign Lord and His Estates of Parliament having considered the Process of Treason pursued and deduced at the instance of Sir John Nisbet of Dirletoun His Majesties Advocat by Warrand and Order of His Majesties Privy Council before the Justice against the persons after mentioned for their treasonable rising in Armes and being in and having accession to the late Rebellion in the Western Shires in the year of our Lord one thousand six hundred and sixty six with the Libels Interloquiturs Probations Depositions of Witnesses and the verdicts of Inquests and dooms of Forfeitures proceeding their upon Do find that the Justice and their Assessors appointed by the Council in the said Process in finding the said Libels to be relevant and admitting the
same to the knowledge of Inquests and the foresaid Inquests in finding the same to be verified and proven and in giving their verdicts and dooms of Forfeiture theirupon respectivé Have proceeded justly and warrantably upon relevant Libels and clear evidences and probation And therefore do Ratifie and Approve their Proceedings Interloquiturs Verdicts and respective Dooms and Sentences of Forfeiture given and pronounced by them in the said Process viz. The Sentence and Doom of Forfeiture pronounced against Collonel James Wallace Joseph Lermonth _____ Mckclellan of Barscobe Mr. John Welch Mr. James Smith Patrick Listoun in Calder William Listoun his son William Porterfield of Quarreltoun pronounced upon the fifteenth day of August in the year of God one thousand six hundred and sixty seven years And the other Sentence and Doom of Forfeiture pronounced against William Muir of Caldwell _____ Caldwell eldest Son to the Good-man of Caldwell Robert Ker of Kersland Mr. John Cunninghame of Bedland Alexander Porterfield Brother to Quarreltoun John Maxwel of Monreith younger _____ Mckclellan of Belmagahan Mr. Gabriel Semple Mr. John Crookshanks Patrick Mcknaught in Cumnock upon the sixteenth day of August in the said year of God one thousand six hundred and sixty seven years And Decerns and Ordains the saids Process and Dooms and Sentences of Forfeiture foresaid to be valid and effectual to all intents and purposes notwithstanding that the saids persons found guilty and convicted of the crimes foresaid did not compear in the saids Process And Declares that the said Sentence and Dooms of Forfeiture shall be of al 's great force and strength as if the saids pâ—rsons had compeared or the same had been pronounced in Parliament And His Majesty with consent foresaid doth Approve His said Advocats service in the said affair And in respect it were against reason and justice that when any person or peâ—sons are accused of high Treason for rising in Armes against His Majesty or His Authority when they are cited to underly the Law before the Justice if they do not appear that their absence and contumacy which ought to be an aggravation if any can be of so high and horrid a crime should be of any advantage to them Therefore His Majesty with consent foresaid doth Statute and Ordain that in time coming in all such cases of treasonable rising in Armes and open and manifest Rebellion against His Majesty or His Successors and their Authority His Majesties Advocat for the time may and ought to insist against and prosecute such persons as he shall be ordered by His Majesty or His Privy Council to pursue And if they be cited and do not appear the Justice notwithstanding of their absence may and ought to proceed to consider and give their Interloquiturs upon the Libel and if it be sound relevant to admit the same to the knowledge of an Assize and upon the verdict of the Inquest finding the same to be proven the Doom and Sentence of Forfeiture ought to proceed and be given and pronounced in the same manner as if the persons accused had compeared and were present And His Majesty with consent foresaid doth remit to the Justice General Justice-Clerk or Justice-Deputes the Summons and Process of Treason intended at the instance of His Majesties Advocat againist certain persons therein mentioned for their accession to the said Rebellion and depending before His Majesty and the Estates With power to them to proceed notwithstanding of the absence of the saids persons And if the saids Summones be found relevant and proven by the verdict of Inquest to pronounce the Sentence and Doom of Forfeiture thereupon XII ACT concerning the Excise and Customes December 15. 1669. FOrasmuch as many debates questions and inextricable difficulties do and may arise in levying and inbringing of the Excise imposed by the fourteenth Act of the first Session of His Majesties first Parliament to the great prejudice of His Majesty and of the Trade of this Kingdom Therefore and for preventing and clearing of the same and to the effect the said Excise may be more orderly and easily levyed and collected His Majesty with advice and consent of His Estates of Parliament Statutes and Ordaâ—ns That notwithstanding the said Excise is due and payable by the Retailers yet the Importers shall be layable for the same in time coming at the rates contained in the said Act for Wines of all sorts Vinegar and Salt as they are particularly exprest therein and that under the provisions after-specified To wit that what shall not be payed by the Retailers shall be compleatly made up by the Importers within twelve Moneths after the importation thereof for which they are to give sufficient security to the Farmers or Collectors of His Majesties Excise at the entry of the saids Wines which are to be according as they shall be loaded at the Port from whence they came And for the said Importers their greater case and encouragement His Majesty with consent foresaid doth Statute and Ordain that the Collectors or Farmers of His Majesties Excise in all time coming shall grant abatement to the said Importers of the fourth part of the said Excise duties of all Wines and Vinegar imported and entred by them in consideration and upon the account of leckage and decayed Wines and other hazards and inconveniencies And further It is Statute and Ordained for the encouragement and greater ease and advantage of Trade and Merchants that the Importers of all other Goods and Commodities except what is excepted from the duties of Excise by the foresaid Act of Parliament shall pay the Excise thereof according to the Books of Rates for His Majesties Customs and as the saids Commodities are and shall be valued and rated in the same And if any of the saids Commodities be not contained in the Books of Rates the Excise of the same is declared to be five percent according to the value of the said Goods And the Excise of the said Commodities is to be payed at the entring of the same in the Excise-office unless the said Excise-duty exceed the sum of one hundred Marks Scots in which case the said Importers shall be obliedged to give sufficient security for payment of the said Excise-duty within six Moneths after the entring of the same they making it alwayes evident that no Merchant shall make entry of any Goods but what properly belongs to himself And for further encouragment of Trade and Traffick It is Statute and Ordained that all Goods and Merchandise whatsoever imported and which shall be instructed to be really exported within twelve Moneths after the entring thereof shal be free of Excise and in case of payment thereof the same shall be repayed at the exportation of the said Commodities the Importers alwayes making faith that the Commodities exported are the same which were imported and entred and in case bond of security hath been given for the Excise of the said Commodities the same shall be returned unregistrat or discharged if the same be registrat
Annexation foresaid shall not prejudge the Bishop of Orknay of his Patrimony and Priviledges belonging to him or of any part thereof and that he and his Successors shall be in the same case as they were before the making hereof And likewayes it is Declared that the Annexation foresaid and the suppressing of the said Office of Sheriff and the erecting of the said Stewartry shall be without prejudice to his Majesties Vassals within the said Isles of their Liberty and Priviledge to have and send Commissioners to Parliament to represent them in the same manner as they did or might have done formerly XIV ACT concerning the exportation of Corns December 17. 1669. OUR Soveraign Lord considering that by the eleventh Act of the third Session of His Majesties late Parliament liberty is granted to export Corns of all sorts when they are under the prices following viz. Ilk Boll of Wheat under twelve pounds the Boll Beer and Barley under eight pounds the Boll Oats and Pease under eight merks the Boll And seeing by reason of several Duties formerly imposed upon Corns the exportation thereof hath been hitherto obstructed And his Majesty being desirous for the good of this His ancient Kingdom to give all due encouragement to the export of Corns and to remove every thing which may impede the same Hath therefore thought fit Likeas His Majesty with advice and consent of His Estates of Parliament doth Statute and Declare That all Corns which shall be exported in time coming by His Majesties subjects forth of this Kingdom shall be free and are hereby discharged of the payment of Custom Bullion and all other Duties whatsoever except one Merk scots allenerly for ilk Chalder And lest any considerable prejudice should thereby ensue to His Majesties Customs it is Statute and Ordained That the Duties after-mentioned are and shal be imposed upon the Commodities following viz. Ten shillings scots upon ilk Barrel of Tar and twenty shillings scots upon ilk Tun of Iron imported into this Kingdom and that over and above all former Impositions put thereon and the Customers Collectors and their deputies are hereby appointed and impowered to uplift the same accordingly And for preventing any debates that may arise anent the respective prices of the Victual when the same are under or above the rates exprest in the said Act His Majesty with advice foresaid doth recommend to and authorizeth the Lords of Privy Council to determine the same And Declares that it shall be lawful to His Majesties Subjects to export Corns of all sorts unless by a Proclamation or publick Intimation from the saids Lords of Council they be prohibited and discharged to do the same And Ordains this Act to begin and take effect upon the second day of February next to come XIV ACT for regulating the prices of Ale and Drinking-beer and Maltmen December 23. 1669. OUR Soveraign Lord considering that it is most agreeable to reason and equity and of universal concernment to all His Majesties Subjects and specially to those of the meaner sort that a due proportion be observed betwixt the price of the Boll of Beer and the Pint and other measures of Ale and Drinking-Beer vented and sold within this Kingdom that thereby the liberty taken by Brewars and Vintners to exact exorbitant prices for Ale and Drinking-beer at their pleasure may be restrained Therefore His Majesty with advice and consent of His Estates of Parliament doth recommend to and authorize the Lords of His Majesties Privy Council from time to time after consideration had of the ordinary rates of Rough-Beer and Barley for the time to regulate and set down the prices of all Ale and Drinking-Beer vented and sold in the several Shires and Burghs of the Kingdom as they shall think just and reasonable And likewayes to set down a Table of proportion betwixt the weight and price of all Bread made of Wheat and the price of the Boll of Wheat in like maner as betwixt the price of the Ale and the Boll of Beer With power to the saids Lords of Council to make and emit such Acts Orders and Directions in relation to the prices of Ale and Drinking-Beer and weight and prices of Wheat-bread and to inflict such censures pains and penalties upon the contraveeners of these Acts and Orders as they shall think fit and to do all other things requisite for execution of the same And in case after settling of the saids prices by the Lords of Council any Brewar shall cease from and give over their brewing or venting of Ale or Beer His Majesty with advice foresaid Declares that they shall not be permitted or allowed to brew or vent any Ale or Beer for the space of one year thereafter and shal be further lyable to such pains and punishments as the Lords of Council shall think fit And further His Majesty taking to consideration that by the twenty ninth Act of the first Parliament of King James the sixth Maltmen are declared to be no Craft and discharged to have a Deacon Which Act of Parliament His Majesty with advice foresaid Ratifies and Approves and Ordains the same to stand in full force and effect in all time coming And that notwithstanding of the said Act and expresly contrair thereto The Provost and Council of Edinburgh have by their Act dated the eleventh of March one thousand six hundred and fourty six ranked Mastmen amongst one of their Trades and Callings discharged any to be admitted thereto within their Bâ—â—â—ony of Leith but by their Licence with consent of the Calling and have constitute a Box-master amongst them and granted liberty to them to meet and keep correspondence providing the Water-Bailiff be present with them Therefore His Majesty and Estates of Parliament not only Declares the said pretended Act of the Council of Edinburgh to have been null and void from the beginning and Ordains the same to be razed out of their Registers but discharges the said Town or any other Burgh within the Kingdom ever to presume to do the like again And Ordains the said Box to be broken and the Office of Deacon Visitor Box-master or any other pretending to the like power and the pretended Calling or Incorporation and Society of Brewars or Maltmen to cease at Leith and in all other Burghs Towns and Places in the Kingdom With certification that if they shall be found hereafter to meet and keep correspondence amongst themselves upon whatsoever pretence either at Leith Edinburgh or in any other Burgh Town or Place ilk person so meeting shal be lyable in the penalty of five hundred Merks toties quoties whereof the one half to be payed to the informer he proving the same before the Council and this by and attour such personal punishment as the Lords of Privy Council shall think fit to inflict XVI ACT for repairing High-wayes and Bridges December 23. 1669. OUR Soveraign Lord considering how necessar it is for the good of the people that High-wayes be made and maintained
poind therefore in manner foresaid and apply the same for the use of the saids High-wayes With power also to the said Justices to call for an accompt of all Destinations and Mortifications to Bridges Causa's Ferries or High-wayes and to cause the intrometters therewith that have not applyed the same to these proper ends to make payment thereof to such persons as they shall appoint to be imployed to the uses for which the same were destinat Likeas His Majesty Ordains the Conveener of the saids Justices to give a particular accompt under his hand of what progress is made in the reparation of the saids High-wayes Ferries and Bridges upon the third Tuesday of July next to come and so forth yearly to the Lords of His Majesties Privy Council who are hereby impowered to grant Letters of Horning and Poinding for the effects foresaid if need be And further His Majesty with consent foresaid gives power to the saids Lords of His Majesties Privy Council to Ordain the levying of moderat Customs at Bridges Causa's or Ferries for the building repairing and upholding thereof in case the saids Stent shall not be able to accomplish the same and to appoint the endurance thereof as they shal see cause With power also to them that in case the saids Justices and Heretors failÈie in the performance of the things by this Act committed to them so that the High-wayes shall not be sufficiently repaired nor Bridges and Ferries sufficiently provided for to take such course for making the same effectual as they shall judge expedient and to punish the saids Heretors and Justices as their neglect shall deserve With power likewayes to the saids Lords of Privy Council to appoint and commissionat Overseers for putting the premisses in execution where they shall see cause which Overseers so appointed shall have the same power as is by this present Act committed to the Justices of Peace foresaid And farther His Majesty Ordains that where laboured Land lyes upon the sides of High-wayes the said laboured Land shall be fenced with Dike and Ditch or Hedge yet so as neither Dike nor Ditch nor Hedge nor any part thereof be within the forementioned breadth appointed for the High-way And in case any laboured Land so lying shal not be fenced betwixt and the first day of August one thousand six hundred and seventy one then and in that case the saids Justices are hereby authorized and required to cause poind in manner foresaid the Labourers of the said Land for four shillings Scots for each eln which shall not be so fenced after the said time and to apply the said fines for the fencing thereof in manner foresaid Likeas it is hereby Declared that whatsoever stones rubbish dung or other impediments beis thrown or found lying upon the saids High-wayes or water turned in or dammed thereupon shall be esteemed and held as done by the Labourers of the Land next adjacent to the High-wayes where the damage is done who shal be fined therefore be the said Justices and Overseers Reserving right to the saids Labourers to call before the saids Justices any other for their relief who have been the real actors of the skaith XVII ACT anent inclosing of Ground December 23. 1669 WHereas by the fourty one Act of the first Session of His Majesties first Parliament entituled Act for planting and inclosing of Ground It is provided that where Inclosers fall to be upon the borders of any mans Inheritance the next adjacent Heretor shal be at equal pains and charges in building ditching and planting that Dike which divides their Inheritance And the Estates of Parliament considering the inconveniency and difficulty the execution of that part of the said Act may meet with in Lands marching together where the Marches are crooked and unequal or where any part of the bordering Ground is unfit or uncapable of bearing a Dike or receiving a Ditch or hinders the compleating of the Inclosure in an equal line For remeid whereof His Majesty with advice and consent of the said Estates doth Statute and Ordain That whensoever any person intends to inclose by a Dike or Ditch upon the March betwixt his Lands and the Lands belonging to other Heretors contiguous thereunto it shal be leisome to him to require the next Sheriffs or Bailiffs of Regalities Stewarts of Stewartries Justices of peace or other Judges Ordinar to visit the Marches alongst which the said Dike or Ditch is to be drawn who are hereby authorized when the said Marches are uneven or otherwayes uncapable of Ditch or Dike to adjudge such parts of the one or other Heretors Ground as occasion the inconveniency betwixt them from the one Heretor in favours of the other so as may be least to the prejudice of either party and the Dike or Ditch to be made to be in all time thereafter the common March betwixt them and the parts so adjudged respective from the one to the other being estimat to the just avail and compensed pro tanto to decern what remains uncompensed of the price to the party to whom the same is wanting And it is hereby Declared that the parts thus adjudged hinc inde shall remain and abide with the Lands or Tennandries to which they are respective adjudged as parts and pendicles thereof in all time coming XVIII ACT anent Adjudications December 23. 1669 OUR Soveraign Lord taking to consideration that by several Acts of Parliament and constant Practick of the Kingdom there is one years Rent of all Lands Annual-rents or others apprised due and payable to the Superior of the saids Lands and others before he be holden to enter and infeft the Compriser and that there is the same reason in cases of Adjudications as Apprisings Therefore His Majesty with advice and consent of the Estates of Parliament Statutes Ordains and Declares That the Superiors of Lands Annual-rents and others adjudged shall not be holden to grant any Charter for infefting the Adjudger till such time as he be payed and satisfied of the years Rent of the Lands and others adjudged in the same manner as in Comprisings And Declares that in all cases Adjudications shall be in the like condition with Comprisings as to Superiours XIX ACT concerning the Confirmation and Quots of Testaments December 23 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains That it shal be lawful to Executors at the confirmation of the Defuncts Testament to give up the Debts owing be the Defunct and that the Quot be only payed for the free Geer the Debts being always instructed with power to the saids Executors for instructing of the saids Debts before the Commissar the time of Confirmation to cite the Creditors for production of the Bonds and Instructions of their saids Debts and if the saids Creditors shall not produce the same and yet shall happen thereafter to seek payment from the Executors that then and in that case the Creditors shall be oblieged to relieve the Executors
of a proportion of the Quot payed by them effeiring to the said Debt or otherwayes to allow the same to them And for preventing of all fraud both the Executors and Creditors shall be holden to make faith if required anent the truth and reality of the saids Debts that they were truly resting unsatisfied the time of the Defuncts decease And likewayes Statutes and ordains That in all time coming Executors Creditors be free of paying of Quot in so far as they confirm only for Debts resting to them be the Defunct the time of his decease and thereupon the saids Executors shall be holden to make faith if required notwithstanding of any Instruction produced by them As also the Relict confirming her self Executrix Creditrix and for satisfying of the obliegement of her Contract of Marriage or other Provision made to her by her Husband where there was no Contract of Marriage be also free of Quot in so far as the Inventar extends to five years purchase of the Annual-rent or Life-rent provided to her and that she shall be lyable and pay Quot for the superplus of the free Goods or Debts confirmed And that this be extended to all other Life-renters confirming themselves Executors Creditors As likewayes that poor people not worth in heretable or moveable Estate fourty pounds Scots money have their Confirmation past and registrat free from payment of any Quot and for Fees of Court that they pay only two pounds eighteen shillings Scots And farther it is Statute and Ordained That heretable Debts resting by the Defunct be Infestment Bonds or Contracts bearing obliegement to infest be not allowed be the Commissars at the Confirmation to defaulk off the Inventar in prejudice of the Quot where there is an heretable Estate belonging to the Defunct to satisfie the heretable Debts even though the saids Debts be given up by the Defunct himself or his Executor And likewayes it is Statute and Ordained that Commissars admit of no division in Testaments in favours and upon accompt of the Relict where by her Contract of Marriage or otherwayes she is secluded from all part of her Husbands moveables And if a bipartit or tripartit division be craved be the Executor at the confirmation upon her accompt in that case the Procurator Fiscal shal have power to cite the Relict for production of her Contract of Marriage or to give Oath upon her having thereof or that by the same or any other Writ she is secluded And if it appear either be the said Contract or be any other Writ or be the Relicts Oath that she is secluded from the third or half of the moveables That then the Testament shall be confirmed without division upon her accompt and the Quot payed accordingly And in case there be any exception in the Relicts favours of the Insight and Houshold-plenishing or any part thereof in that case deduction is only to be granted of the quot effeiring to the proportion excepted and reserved in her favours And lastly His Majesty with advice foresaid Statutes and Ordains that in time coming no Charges of Horning be given to any person at the Procurator Fiscals instance for giving up of Inventer but upon a Roll of the persons names to be charged subscribed be the Commissar and that within the space of three years after the Defuncts decease after which time it shall not be leisome to give any such Charges of Horning for giving up of Inventer And for the years preceeding that they shal only charge for giving up Inventer of the Goods of such Defuncts who have deceast since the year one thousand six hundred and sixty And Ordains That Letters of Caption shall not be used against any of His Majesties Lieges for not confirming of Testaments but where the Letters of Horning have been execute against the parties personally or at their Dwelling-houses and Paroch-Kirk-doors on a Sabbath-day after Divine Service And Ordains the Commissars of the respective Diocesses to keep Circuit Courts the time of the Spring and Harvest Vacance for confirmation of Testaments at such convenient places in ilk Presbytery as may be most conducing to the good and ease of the Lieges and whereunto they are to be cited personally or at their Dwelling-places and Paroch-Kirks as said is to the end and effect foresaid With certification that if the Commissar Commissar-clerk Procurator Fiscal or any other Member of Court contraveen this Act the contraveener shall suffer deprivation of his Office and never be re-admitted thereto again beside satisfaction to the party grieved of any damage sustained by him there-through XX. ACT for in-bringing of publick Dues from the Northern Shires December 23. 1669 OUR Soveraign Lord considering that divers persons within the Shires of Ross Sutherland Caithness Argyl Inverness and Burghs within the same are in arrear and deficient in payment of a considerable part of the Annuity of Excise granted to His Majesty in the year one thousand six hundred and sixty one the Taxation and assessment imposed by the Conventions of Estates in the years one thousand six hundred and sixty five and one thousand six hundred and sixty six-notwithstanding of all legal diligence used for in-bringing thereof For obtaining payment of which Arears and for the more effectual and better payment of the said Annuity of Excise in time coming His Majesty with advice and consent of the Estates of Parliament doth Statute Ordain and Declare That the persons deficient and in arrear of the foresaid Annuity of Excise Taxation and Assessment in the said Shires and Burghs within the same preceeding the Moneth of November last and who shal not pay in the same according to their respective proportions to the Receivers and Collectors thereof betwixt and the first day of June next to come shal be lyable in double payment of all such deficiency and arrear without any manner of defaulcation And farther Declares that if for the future three quarters payment of the said Annuity of Excise in the said Shires shall happen to run in the fourth unpayed the feast and term of Candlemas next ensuing being the first terme Then and in that case such Shires Burghs and Persons therein so deficient shall be lyable in payment of the double of the whole years Annuity of Excise toties quoties and all execution personal and real shall be used against them therefore And His Majesty and Estates of Parliament doth hereby Declare That this present Act or any thing therein contained shall no wayes liberate the Commissioners of Excise for the said respective Shires and Burghs from being lyable in the single payment allanerly of the said Annuity of Excise but that they shall still stand oblieged therefore as formerly in maner contained in the Act of Parliament made thereanent XXI ACT Salvo jure cujuslibet December 23. 1669. OUR Soveraign Lord taking to consideration that there be many Acts of Ratifications and others past and made in this Session of Parliament in favours of particular persons
ilk day of the Rendezvous And likewise such as shall be deficient in the outreik of Horse or Foot or in payment of the fractions thereof or of the proportions of Collours Drums Standart and Trumpets or of the pay allowed by this present Act to the Horsemen or Footmen the men-tennents and servants for whom the Foot-men are put out being alwayes lyable to relieve the respective Heretors of the payment of the fines aforesaid inso far as concerns the deficiency in outreik of Foot or payment of the fractions thereof or absents of the Footmen from the dayes of Rendezvous And to the effect more ready obedienuc may be given to this present Act and Ordinance His Majesty with advice foresaid without derogation from any power already given by the Instructions or Acts of Council doth authorize and impower the Commissioners of the Militia in the respective Shires or any three of them two of the quorum not being Officers alter tryal taken that parties have been absent from the Rendezvous or deficient in the outreiks and payments foresaid to give order and warrand to any one of the Serjants of Foot of the respective Companies or Corporals of Horse to be named by the saids Commissioners to poind and distreinzie the â—aâ—â—iest Goods and Geer of these absent or dâ—ficient wherever the sâ—me may be found apprise and make sale thereof towards the payment of the sums specified in the said Warrand and of the charges and expenses of the poinding and apprising these charges alwayes not exceeding al 's much more as the sums for which the poinding shall be used Likeas His Majesly with advice foresaid constitutes the said person to whom the foresaid Order shall be directed Sheriff in that part with power to him by vertue of that Order to poind the Goods without necessity of carrying the same to the Paroch church or Mercat-cross of the head Burgh of the Shire to be apprised and to do and act in the excution of the said Order sicklike as a Mestenger at Armes may do by the Law in execution of Letters of poinding and apprising given under His Majesties Signet Providing alwayes that the goods poinded be valued and apprâ—sâ—d by two honest sworn men whose oathes the said Shâ—riff in that part is authorized to take to that effect And declares That it shall be leisome to the party from whom the Goods shall be poinded to redeem the same within six dayes after the poinding by payment of the sums for which the poinding shall be used expenses of the poinding foresaid and twelve shillings scots each day during the not redemption And in case the party do not redeem the goods poinped within the space foresaid declares that it shall be lawfull to the said Sheriff in that part to retain the goods or sell the same with deduction of the third of the sum to which they were apprised He alwayes being countable for the price thereof to the Commissioners of the Militia who are to see the party from whom the Goods were poinded satisfied of the superplus of the price if any be of the Goods for which the poinding was used expenses foresaid of the poinding third part of the value to which the Goods were apprised with twelve shilling Scots ilk day during the space that the party had power to redeem being alwayes deduced and declares the said Warrand being signed by three of the saids Commissioners one of them only being an officer to have the force and strength of an Decreet and that there is no necessity of any Precept or Charge to follow thereon And that the poinding and apprising so used by vertue of the said Warrand is and shall be al 's lawfull and valid as if all the solemnities requisite and usual in poindings were observed whereanent His Majesty with advice foresaid doth dispense in this case of the Militia And it is declared that these who are not sufficiently armed or mounted at the Rendezvous shall be holden as absent therefrom and shall be fined and poinded accordingly in manner foresaid And for preveening debates that may arise the time of mustering it is Declared that Lieutenants and Cornets of Horse shall be reckoned of the number of Horsemen appointed to be put out in the respective Shires But prejudice alwayes to any of the saids Officers to claim and sute payment of Fractions if they be Leaders of Horse As also His Majesty with advice foresaid doth authorize and impower the Lords of His Privy Council from time to time to appoint dayes of Rendezvous and to give such further orders as shall be requisite for the full establishmen of the Militia in every particular thereof and to call for an account from the several Shires of their procecure and diligence in settling the same And commands and requires all His Majesties Subjects of whatsoever degree or quality to give due and ready obedience to all such orders and directions as they shall receive from His Majsties Privy Council relating to the Militia under the pains and certification contained in any Acts made or to be made by them thereanent III. ACT for registration of Instruments of Resignation ad remanentiam November 16. 1669. OUR Saveraign Lord with the advice of the Estates of Parliament Statutes and Ordains That all Instruments of Resignation that shall be made in the Superiour hands ad remanentiam fourty dayes after the publication hereof be registrate within threescore dayes after the date thereof in the same manner and way and at the same rates as Renunciations Seisings or Reversions To the effect the Lieges may the better know that the Infeftment which was granted to the Resigners is thereby void and extinct and that they may be put in mala fide to contract with the Resigner thereanent or to comprise the same from him otherwayes the said Resignation to be null It is alwayes hereby Declared That the Instruments of Resignation of Tenements Lands and Fishings holden in free Burgage being registrate in the Town Court Books of the Burgh shall not fall within the certification of this present Act. IV. ACT concerning poinding before the dayes of the Charge expire November 16. 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains that hereafter it shall not be lawful to poind moveables upon registrate Bonds or Decreets for personal Debts while the parties be first Charged and the dayes of the Charge be expired With certification that poinding otherwayes used shall be null and the poinders shall be punished and proceeded against as spuiliers But prejudice alwayes of any Decreets recovered at the instance of Heretors against their Tennents in their own Courts whereupon it shall be lawful to them to use poinding as formerly And but prejudice to Superiours to use poinding against their Vassals for their Few-duties as they might lawfully have done of before V. ACT for the security of the Persons of Ministers November 30. 1669. FOrasmuch as the Kings Majesty considering how