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

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moveables And His Majesty with advice foresaid doth hereby authorize and require the Lords of His Majesties Privy Council to be carefull to see this Act put to due execution and for that end to call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by him so attested shall be given up to the Council as transgressors of this Act in with-drawing from their Paroch Churches as aforesaid and the same after hearing of the parties being duly found to decern and inflict the censures and penalties above-mentioned and such other coporal punishment as they shall think fit and direct all execution necessary for making the same effectual and to do every other thing they shall find necessary for procuring obedience to this Act and putting the same to punctual execution conform to the tenor and intent thereof II. Additional ACT concerning the Declaration to be signed by all persons in publick Trust FOrasmuch as by an Act past in the second Session of this Parliament on the fifth of September last concerning the Declaration to be taken by all persons in publick Trust It is remitted to His Majesties Commissioner to take such course as he should think fit how these who are presently in Office may subscribe the Declaration And the King's Majesty being resolved that all in publick Trust should without further delay sign the same But considering that in this vacand time many of the Courts of Justice do not sit so as some longer time must be allowed unto them Therefore the King's Majesty with advice and consent of His Estates in Parliament Statutes and Ordains all persons who enjoy or possess any publick Trust or Office within this Kingdom as Officers of State Members of Parliament Privy Councellors Lords of the Session Commissioners in Exchequer all Members of the Colledge of Justice Sheriffs Stewarts Bailies of Regalities Commissaries Justices of Peace and their respective Deputes and Clerks and all who enjoy any other publick Charge Office or Trust within the Kingdom to subscribe the Declaration hereunto subjoyned in presence of the several Courts they relate to betwixt and the eleventh of November next to come or sooner as they shall have occasion or be required thereto by His Majesties Council Discharging hereby all such of them who shall not sign the same as said is to exerce any publick Trust or Office within the Kingdom after the said eleventh of November And that a speedy account may be returned hereof It is hereby Ordained that the Sheriffs in the several Shires be carefull in requiring due obedience to this Act and that they and all others concerned therein make report thereof to His Majesties Council betwixt and the first of January next to come And seing the election of the Magistrates and Council of Burghs will occur about Michaelmass next and that some disaffected persons in Burghs having none or small advantages by their Magistracy may upon account of this Declaration refuse to accept any Charge or Trust It is therefore by His Majesty with advice foresaid Statute That at the next ensuing election of Magistrates within Burgh all such persons who shall continue in or be of new elected to be Magistrates Clerks or of the Council of Burghs shall at such their elections if they be present or otherwise how soon thereafter they shall be required thereto by those who did elect them sign the Declaration aforesaid Declaring hereby all who shall refuse or delay the same to be from thenceforth not only incapable of and to have forfaulted the priviledges of a Magistrate but also all the priviledges of Merchandizing Trading and others belonging to a Burgess And that the several Burghs make report of their proceedings therein to His Majesties Council betwixt and the foresaid eleventh of November as they will be answerable upon their duty and alleagiance And for such as shall hereafter be admitted to any publick Trust or Office they are to sign the Declaration in the maner and under the certifications exprest in the former Act of Parliament of the fifth of September And His Majesty doth hereby recommend to the Lords of His Majesties Privy Council to be carefull that these Acts be put to due execution and receive obedience conform to the tenor thereof I Do sincerely affirm and declare that I judge it unlawfull to Subjects upon pretence of Reformation or other pretence whatsoever to enter into Leagues and Covenants or to take up Armes against the King or these Commissionate by Him and that all these Gatherings Convocations Petitions Protestations and erecting and keeping of Council-tables that were used in the beginning and for carrying on of the late troubles were unlawfull and seditious And particularly that these Oaths whereof the one was commonly called The National Covenant as it was sworn and explained in the year one thousand six hundred and thirty eight and thereafter and the other entituled A Solemen League and Covenant were and are in themselves unlawfull Oaths and were taken by and imposed upon the Subjects of this Kingdom against the fundemental Laws and Liberties of the same And that there lyeth no obligation upon me or any of the Subjects from the saids Oaths or either of them to endeavour any change or alteration of the Government either in Church or State as it is now established by the Laws of the Kingdom III. ACT against Protections THe King 's most Excellent Majesty being carefull that the benefit of the Law in the administrations of Justice be free to all His Majesties good Subjects And considering the prejudices many have formerly sustained in the stopping of the course of Justice by the too frequent granting of Protections against personal execution Therefore and for preventing of the like for the future His Majesty with advice and consent of His Estates in Parliament Doth Ratifie Approve and Renew all former Acts of Parliament made against the granting of Protections And Dischargeth the Lords of His Majesties Privy Council Session and Exchequer to grant Protections to any persons against personal execution certifying such as shall grant the same they shall be liable for the debt against which they grant the Protection and all execution shall pass against the havers thereof as if the same had not been granted It is alwayes hereby Declared That notwithstanding hereof it shall be free to the Lords of His Majesties Privy Council Lords of Session and Exchequer and to the Justice-general and his Deputes when any person or persons are summoned and appointed to appear personally before them to give order now as they have been in use formerly to do for suspending personal execution against the persons so summoned and appointed to appear for such few dayes as they may come to give their appearance and during their necessar stay and some few dayes for their return and that according as the saids respective Judges shall find reason upon the particular applications to be made thereupon IV. ACT for the establishment
of which the grass for one horse and two kine may be designed or otherwayes if the saids Kirk-lands be arable Land in either of these cases Ordains the Heretors to pay to the Minister and his Successors yearly the sum of twenty pounds Scots for the said grass for one horse and two kine the Heretors alwayes being relieved according to the Law standing of other Heretors of Kirk-lands in the said Paroch And because several Kirks have no Glebs as yet designed to them it is hereby specially provided that in all designations of Glebs Incorporat-acers in Village or Town where the Heretor hath houses and gardens the same shall not be designed he alwayes giving other Lands nearest to the Kirk And His Majesty with advice foresaid for special causes and considerations Declares that this present Act as to the Manses is to have force as the same had been made and dated the fourteenth of March one thousand six hundred and fourty nine XXI ACT anent comprisings OUr Soveraign Lord considering that since the first day of January one thousand six hundred and fifty two before the making of the sixty two Act of the first Session of this Parliament entituled Act for ordering the paiment of Debts betwixt Creditor and Debitor divers persons having right by posterior Comprisings to the legal reversion of the first Comprising deduced of their Debitors Estate have according to the Law then in force redeemed or satisfied the first Comprising and acquired the right thereof for their own better security lest the legal reversion of the first Comprising should have expired to their prejudice And whereas by an Clause of the foresaid Act of Parliament it is Ordained That all Comprisings led since the said first day of January one thousand six hundred and fifty two within year and day of the first effectual Comprising shall come in pari passu together in maner and upon the provisions mentioned in the said Act Which Clause as it is most just as to all Comprisings led and standing un-redeemed and un-satisfied by the subsequent Comprisers having right to the legal reversion So it were unjust to prejudge those who for their own security have redeemed or satisfied the first Comprising as said is according to the Law then standing Therefore His Majesty with advice and consent of the Estates of Parliament Declares That albeit the foresaid Act was made ad praeterita to regulate the diligence used by Comprisings at the instance of the Creditors Yet it was no wayes their meaning to prejudge posterior Comprisers who bona side for their own security and for preventing the hazard of the expiration of the legal reversion of the first Comprising did redeem or satisfie the same And therefore it is Statute and Ordained That the saids second Comprisers shall no wayes be prejudged of the right of the foresaid first Comprising redeemed and satisfied by them Declaring nevertheless that as to the second or posterior Comprising standing in the parties person who satisfied the first the same shall only come in with the rest of the Comprisers pari passu as it is provided by the foresaid Act. As likewayes Declaring That these presents be no wayes extended to any Comprisings satisfied by the second Comprisers since the making of the foresaid Act of Parliament or to be satisfied in time coming XXII ACT anent Sentences of Excommunication OUr Soveraign Lord considering that the proviso in the twenty fifth Act of the first Session of Parliament entituled Act for denounceing of excommunicate persons anent the exhibiting the Process and Sentence of excommunication before the Lords of Session to the end they might consider the legality of the Process and grounds whereupon the Sentence proceeded before any Letters of denunciation should pass against excommunicat persons was concluded before the restauration of the Bishops and is prejudicial and derogatory to the jurisdiction of Ecclesiastical Authority as it is now established Doth therefore with advice and consent of His Estates of Parliament Retreat and Rescind the said proviso and Declares the same to be void and null XXIII ACT for additional provision in favours of the Vniversities OUr Soveraign Lord and the Estates of Parliament taking into serious consideration the condition of the several Universities of this Kingdom And finding that the present mean and incompetent provision of the Masters and Professors thereof is so prejudicial to the flourishing of these Seminaries of Church and State that unless some considerable Augmentation be setled upon them for their encouragment the ablest and fittest persons of ingenious spirits and education will shun and avoid the undertaking of Functions in Universities for want of such ingenuous means as should invite entertain encourage and obliege men sufficient for such laborious imployments to the great decay of Learning and detriment of all ranks of Persons in the Kingdom For preventing and remeeding whereof there being an expedient proposed that the Archbishops and Bishops and the rest of the inferiour Clergy may allow some part yearly of their Rents Benefices and Maintenance for the space of five years to come as an exemplary testimony of their piety and zeal for the advancement of Learning and Religion Therefore His Majesty with advice and consent of the Estates of Parliament Doth Statute and Ordain That for the cropts and years one thousand six hundred and sixty four one thousand six hundred and sixty five one thousand six hundred and sixty six one thousand six hundred and sixty seven and one thousand six hundred and sixty eight there be raised yearly out of the Rents of ilk Archbishop and Bishop the sum of fifty pounds for every thousand merks of the said Revenues and the sum of fourty pounds out of every thousand merks of the Stipends or Benefices of every Minister and so proportionable six of the hundred as the Benefice or Stipend shall be valued to be more or less by the Bishops of the Diocesses And that the saids several proportions payable by the Bishops shall be yearly given in to the Archbishops of the respective Provinces or such as shall have warrand from them and that the saids several proportions payable by Ministers shall be yearly given in to the Bishops of the respective Diocess or such as shall have warrand from them and for whom the saids Bishops shall be countable Which sums so to be raised shall be distributed to the several Universities according to those proportions which shall be assigned by His Majesty by a Committee to sit at Edinburgh consisting of the Archbishops of St. Andrews and Glasgow and the Bishops of Edinburgh and Aberdeen and four others whereof one to be nominate by the Visitors of the University of St. Andrews and another by the Visitors of the University of Glasgow the third by the Visitors of Aberdeen the fourth by the Council of Edinburgh Hereby authorizing the Archbishop of St. Andrews and in his absence the Archbishop of Glasgow to preside in the said Committee and to appoint their
diets of meeting from time to time and the Committee to take care that the sums thus allotted shall be put into a Stock and setled upon Land or otherwayes by advice of the respective Bishops who are Chancellors of the saids Universities and Ordains the Annual-rent of the said Stock to be proportioned to the Masters and Professors of each University as the Visitors thereof shall appoint And further His Majesty and Estates foresaid do Ordain that Stipends and all Benefices of Kirks that shall vaik after the first day of February in this following year of God one thousand six hundred and sixty four for the space of seven years next there-after shall be up lifed by Collector thereof and imployed by him in the maner and according to the proportions above-specified for encreasing of the Stock of each University Declaring that the fifty two Act of the first Session of this Parliament Concerning the disposal of vacand Stipends shall be of no force during the space of the years foresaid And Ordains Letters of Horning and Poinding and all other execution necessary to be directed at the instance of the saids Bishops or any to be appointed by them and at the instance of the said Collector for the more speedy in-bringing of the sums respective above-mentioned Further His Majesty and the Estates of Parliament do recommend to the Lords of the Privy Council to entertain and promote any voluntary offer or contribution for the ends aforesaid to be made by Noble-men or Gentelemen for a work so worthy of the publick wisdom piety and honour of this Kingdom It is alwayes Declared that this Act shall be without prejudice of Acts past in this Parliament for allowing the vacand Stipends of the Diocess of Isles and Argyl for breeding of young Schollars the sum being regulate by the Committee above-named and that this Act shall be no preparative for laying on any burdens on the Clergy hereafter without their own consent XXIV ACT regulating the proportions of Excise in the several Shires and Burghs THe Estates of Parliament taking to their consideration the grievances represented to them by several Shires and Burghs anent the excessive proportions of Excise laid upon them by the late Act of Parliament and what great burthen the Land-rent of the saids Shires and Burghs lyes under for making up the saids proportions and the great ease which several other Shires have in their proportions And it being just and reasonable that all publick impositions of that nature should be equally distributed upon those lyable in payment thereof Therefore the King's Majesty with advice and consent of the Estates of Parliament Statutes and Ordains that the several Shires and Burghs of this Kingdom shall for the moneths of November and December next one thousand six hundred and sixty three and January one thousand six hundred and sixty four years and in all time thereafter be lyable in the monethly payment of the respective proportions under-written viz. The Shire of Edinburgh principal in the sum of two thousand one hundred and fourty pounds Scots money The Town of Edinburgh in the sum of two thousand nine hundred thirty two pounds The Shire of Haddingtoun in the sum of one thousand two hundred fourscore and eleven pounds The Shire of Berwick in the sum of six hundred and ten pounds sixteen shillings The Shire of Roxburgh in the sum of seven hundred threescore twelve pounds sixteen shillings The Shire of Selkirk in the sum of one hundred fourty seven pounds ten shillings The Shire of Peebles in the sum of one hundred thirty seven pounds ten shillings The Shire of Lanerick in the sum of nine hundred threescore eight pounds eight shillings The Town of Glasgow in the sum of one thousand threescore sixteen pounds four shillings The Shire of Dumfriese in the sum of six hundred fifty six pounds The Shire of Wigtoun and Kirkcudburgh in the sum of seven hundred thirty two pounds twelve shillings whereof the Stewartry of Kirkcudburgh is to pay the sum of four hundred threescore one pounds and the Shire of Wigtoun the sum of two hundred threescore eleven pounds twelve shillings The Shire of Air in the sum of one thousand six hundred thirty nine pounds sixteen shillings The Shire of Dumbartoun in the sum of two hundred fifty four pounds The Shire of Bute in the sum of fifty seven pounds The Shire of Renfrew in the sum of four hundred fifty seven pounds four shillings The Shire of Stirling in the sum of nine hundred and threescore pounds eight shillings The Shire of Linlithgow in the sum of seven hundred fourscore nineteen pounds four shillings The Shire of Perth in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings The Shire of Kincardin in the sum of three hundred threescore three pounds twelve shillings The Shire of Aberdeen in the sum of two thousand four hundred and eighteen pounds nineteen shillings The Shire of Bamff in the sum of four hundred fourty seven pounds three shillings The Shire of Innerness in the sum of seven hundred fourscore fourteen pounds eight shillings The Shires of Elgin and Nairn in the sum of five hundred fourscore sixteen pounds four shillings The Shire of Cromarty in the sum of twenty four pounds The Shire of Argyl in the sum of four hundred fourty three pounds sixteen shillings The Shire of Fife and Kinross in the sum of three thousand six hundred and eight pounds eight shillings The Shire of Forfar in the sum of one thousand twenty four pounds four shillings The Town of Dundee in the sum of seven hundred and eighteen pounds four shillings The Shire of Sutherland in the sum of threescore twelve pounds twelve shillings The Shire of Caithness in the sum of one hundred fifty three pounds four shillings The Shire of Orknay and Zetland in the sum of two hundred fourty three pounds sixteen shillings The Shire of Clackmannan in the sum of two hundred and six pounds two shillings And the Shire of Ross in the sum of two hundred and four pounds money foresaid Any thing in the said Act of Parliament to the contrary notwithstanding which is hereby Declared to be of no force or effect as to the proportions of the said Excise after the said first day of November next XXV An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland FOrasmuch as the Estates of Parliament upon consideration of the great blessings this Kingdom enjoyeth under the protection of His Majesties Authority and the administrations of His Royal Government being thereby not only delivered from their former troubles and all the evils which attend such usurpations but being fully restored to and possest of all the liberties and priviledges of a free people Have by their several addresses to His Sacred Majesty made offer of their lives and fortunes and all that is dearest to them for the advancement of His Royal Honour Authority and Greatness And this
LAWS and ACTS Past in the second SESSION of the first PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh from the eighteenth of June 1663. to the ninth of October thereafter on which day the Parliament was dissolved By a Noble Lord John Earl of Rothes Lord Lesly and Bambreith His MAJESTIES Commissioner for holding of the same by vertue of a COMMISSION under His MAjESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1663. CUM PRIVILEGIO HONI SOIT QVI MAL Y PENSE LAWS and ACTS past in the third Session of the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh upon the eighteenth of June 1663. and continued to the ninth of October thereafter I. ACT against separation and disobedience to Ecclesiastical Authority FOrasmuch as the King's Majesty considering the prejudices which did ensue to the Church and Protestant Religion to the Prerogative of the Crown to the Authority of Parliament to the Liberties of the Subject and to the publick Laws and Peace of the Kingdom by the invasions made upon Episcopal Government during the late troubles And finding that Government to be the Church-government most agreeable to the Word of GOD most convenient and effectual for preservation of Truth Order and Unity and most suteable to Monarchy and to the Peace and Quiet of the State Hath therefore with advice and consent of His Estates of Parliament by several Acts past in the second Session of this Parliament restored the Church to it 's ancient and right Government by Archbishops and Bishops and hath redintigrated the estate of Bishops to the exercise of their Episcopal Function and to all the Priviledges Dignities Jurisdictions and Possessions due and formerly belonging thereunto And in further order to the settlement of the Church and bringing the Ministers to a due acknowledgment of and complyance with the Government thereof thus established by Law His Majesty with advice foresaid hath also Statute and Ordained That all these Ministers who entered to the Cure of any Paroch without Right or Presentations from the lawfull Patrons in and since the year one thousand six hundred and fourty nine and should not betwixt and the twentieth of September last obtain Presentations from their several Patrons and Collation from the Bishop of the Diocess where they lived should have no right to the uplifting the Rents of any Benefice or Stipend for the year one thousand six hundred and sixty two but that their Places Benefices and Kirks should be ipso jure vacand And that what ever Ministers should without a lawfull excuse to be admitted by their Ordinary absent themselves from the diocesian Assembly or who should not concur in all the Acts of the Church-discipline as they should be thereunto required by the Archbishop or Bishop of the Diocess should be for the first fault suspended from their Office and Benefice till the next diocesian Meeting and if they amend not should be deprived and the Church and Benefice to be provided as in other cases of vacancies And the King's Majesty having resolved to conserve and maintain the Church in the present State and Government thereof by Archbishops and Bishops and others bearing office therein and not to endure nor give way or connivance to any variation therein in the least Doth therefore with advice and consent of His Estates conveened in this third Session of His Parliament Ratifie and Approve the aforementioned Acts and all other Acts and Laws made in the two former Sessions of Parliament in order to the settling of Episcopal Dignity Jurisdiction and Authority within this Kingdom and Ordains them to stand in full force as publick Laws of the Kingdom and to be put to further execution in all points conform to the tenor thereof And in pursuance of His Majesties Royal resolution herein His Majesty with advice aforesaid doth recommend to the Lords of His Majesties Privy Council to take speedy and effectual course that these Acts receive ready and due obedience from all His Majesties Subjects And for that end that they call before them all such Ministers who having entered in or since the year one thousand six hundred and fourty nine and have not as yet obtained Presentations and Collations as aforesaid yet dared to preach in contempt of the Law and to punish them as seditious persons and contemners of the Royal Authority As also that they be carefull that such Ministers who keep not the diocesian Meetings and concur not with the Bishops in the Acts of Church-discipline being for the same suspended or deprived as said is be accordingly after deprivation removed from their Benefices Glebs and Manses and if any of them shall notwithstanding offer to retain the possession of their Benefices or Manses that they take present course to see them dispossest and if they shall thereafter presume to exercise their Ministry that they be punished as seditious persons and such as contemn the Authority of Church and State And as His Majesty doth expect from all His good and dutifull Subjects a due acknowledgment of and hearty complyance with His Majesties Government Ecclesiasticall and Civil as it is now established by Law within this Kingdom and that in order thereunto they will give their chearful concurrence countenance and assistance to such Ministers as by publick Authority are or shall be admitted in their several Paroches and attend all the ordinary Meetings for divine Worship in the same So His Majesty doth Declare That He will and doth account a with-drawing from and not keeping and joyning in these Meetings to be seditious and of dangerous example and consequence And therefore and for preventing the same for the future His Majesty with advice and consent of His Estates in Parliament doth hereby Statute Ordain and Declare That all and every such person or persons who shall hereafter ordinarily and willfully withdraw and absent themselves from the ordinary Meetings of divine Worship in their own Paroch Church on the Lords-day whether upon account of Popery or other disaffection to the present Government of the Church shall thereby incur the pains and penalties under-written viz. Each Nobleman Gentleman and Heretor the loss of a fourth part of ilk years Rent in which they shall be accused and convicted and every Yeoman Tennent or Farmer the loss of such a proportion of their free moveables after the payment of their Rents due to their Master and Land-lord as His Majesties Council shall think fit not exceeding a fourth part thereof and every Burgess to lose the liberty of Merchandizing Trading and all other Priviledges within Burgh and fourth part of their
not destructive of and contrary to this present Act or any clause thereof And sicklike Ratifies and Approves the sixty one Act of the first Session of this present Parliament entituled Commission for plantation of Kirks c. in the whole Heads Articles and Clauses thereof except in so far as the same may be contrary to this present Act as said is And His Majesty with advice and consent foresaid gives full power and commission to James Archbishop of St. Andrews William Earl of Glencairn Chancellor John Earl of Rothes Thesaurer Alexander Archbishop of Glasgow William Earl Marshal Privy-Seal Duke of Hamiltoun Marquess of Montrose Earl of Landerdail Secretary Earl of Eglinton Earl of Linlithgow Earl of Kelly Earl of Haddington Earl of Annandail Earl of Leiven Earl of Tweddail George Bishop of Edinburgh Iames Bishop of Galloway George Bishop of Dunkell _____ Bishop of Aberdeen Iohn Bishop of Ross Robert Bishop of Dumblane _____ Bishop of Orknay William Lord Bellenden Thesaurer-depute Sir Iohn Gilmore President of the Session Sir Archibald Primrose Clerk Register His Majesties Advocat Sir Iohn Home of Renton Justice Clerk Sir Iames Lockart of Lee Sir Iohn Scougal of Whitkirk Charles Maitland of Halton Sir Thomas Hamiltoun of Preston Sir Iohn Wachop of Nidrie Sir Robert Fletcher of Salton Sir Henry Wardlaw of Pitrevy William Scot of Ardross Sir Andrew Ramsay Provost of Edinburgh Sir Robert Murray there Sir Archibald Sydserf Sir Alexander Wedderburne Sir William Thomson John Miln Robert Lentron Provost of St. Andrews Mr. John Paterson Provost of Perth William Seatoun Provost of Haddington or any fifteen of them whereof three of the Clergy three of the Nobility three Officers of State three Commissioners of Shires and three of Burghs of which number the Archbishop of St. Andrews or the Chancellor or the Thesaurer or the Archbishop of Glasgow or the Privy Seal or the Secretary or the Duke of Hamiltoun or the Earl of Haddingtoun or any of them being alwayes one to meet and conveen at Edinburgh the _____ day of _____ one thousand six hundred and sixty _____ years and at such other place or places times and diets as they shall appoint to value and cause be valued whatsoever Tends great or small Personage or Vicarage of whatsoever Lands within this Kingdom lyable to the paiment of Teinds which are yet un-valued Excepting alwayes the Teithes of the Archbishops Bishops and other beneficed persons whereof they were in real and actual possession by leading and collecting the same in the year one thousand six hundred and twenty eight and with provision that they be not prejudged of the Fruits and Rents of their several Benefices as the same was possest by them anno one thousand six hundred and thirty seven conform to the Submission made by the Bishops to His Majesty in the said year and Decreet arbitral following thereupon With power to the saids Commissioners or quorum foresaid to appoint Sub-commissioners conform to the former Acts and Commissions for valuation of Teinds and receive reports from them And with power to them where Ministers are not already sufficlently provided or have not Localities assigned to them for their Stipends out of the Teinds within the Paroch where they serve the Cure to modifie settle and appoint constant local Stipends to ilk Minister out of the Teinds of the Paroch where they serve the Cure in so far as the same will amount to according to the quantities of victual or money mentioned in the saids Acts and Commissions and to decide and proportion the saids Localities And with power to dis joyn too large and spacious Paroches to cause erect and build new Churches to dismember and annex Kirks as they shall think just and to take order that every Heretor and Life-renter shall have the leading and buying of their own Teinds if they be willing according to the rates prescribed by former Commissions Particularly by the Commission granted by His Majesty with consent of the Estates of Parliament in anno one thousand six hundred and thrity three with power to them to determine all questions concerning the prices of Teinds betwixt Titulars and others having right thereto and the Heretors and to appoint such securities in favours of the Titulars and others having right to the Teind for the prices to be granted by the Heretors payers of the valued duties or buyers of the saids Teinds and in favours of the Ministers as to their maintenance as the saids Commissioners shall think fitting according to the rule set down in the saids former Acts namely in the said Act anno one thousand six hundred and thirty three Declaring That where the Vicarage of any Paroch is a several Benefice and Title from the Personage the same shall be severally valued to the effect the Titulars or Ministers serving the Cure having right to the said Vicarage be not frustrat of the true worth thereof And that Titulars and others having right to Teinds shall not be forced to dispone any Teinds valued or to be valued which shall be assigned disponed and allocat to the Minister serving the Cure of the Paroch As also with power to the saids Commissioners or quorum foresaid to rectifie whatsoever Valuations led or to be led to the enorm prejudice of the Titulars and to the hurt and detriment of the Kirk and prejudice of the Ministers maintenance and provisions or of His Majesties Annuity Provided alwayes likeas it is hereby expresly provided that where Valuations are lawfully led against all parties having interest and allowed by former Commissions the same shall not be drawn in question nor rectified upon the pretence of enorm lesion at the instance of the Minister not being Titular or at the instance of His Majesties Advocat in respect of His Majesties Annuity except it be proven that collusion was used betwixt the Titulars and Heretors or betwixt the Proctor-fiscal and Heretors and Titulars which collusion is declared to be where the Valuations are led with the diminution of the third of the just Rent which diminution shall be proven by the parties oaths And albeit all the Acts of the pretended Parliaments in the years one thousand six hundred and fourty one thousand six hundred and fourty one and thereafter are declared by an Act of this Parliament null and of no avail in all time coming Yet it is hereby Declared That all and whatsoever Valuations Acts Sentences and Decreets done and past by any Commissions granted by the saids pretended Parliaments with all executions used or to be used thereupon are and shall be as valide in all time coming as if the saids Valuations Acts Sentences and Decreets had been given and pronounced by persons legally impowered to that effect any thing in the foresaid rescissory Act to the contrary notwithstanding Excepting such Decreets of valuation modification of Stipends or augmentations thereof past and granted since the year one thousand six hundred and thirty seven whereby the saids Archbishops or Bishops are prejudged
of any part of their Rents whereof they were in possession in the said year thirty seven And although by a special Act of this present Parliament the pretended Parliament holden in anno one thousand six hundred and fourty nine and in the beginning of the year one thousand six hundred and fifty is from the beginning Declared void and null and all that hath followed thereupon Yet nevertheless His Majesty doth with advice foresaid autho rize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or moe appointed by the said pretended Parliament for plantation of Kirks and valuation of Teinds and all execution competent thereupon Excepting such Decreets and Sentences given in favours of Ministers for their Stipends or for dividing uniting annexing or building of Kirks which shall be found to have been unjustly or exorbitantly decerned The determination whereof is hereby referred by His Majesty with consent foresaid to the saids Commissioners that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids Acts Decreets and Sentences as they shall think fitting conform to the Laws Practick and Custom observed preceeding the year one thousand six hundred and fourty nine And Ordains Processes upon supplications to be summarily granted parties alwayes being cited and that without any reduction And it shall be lawfull to the saids Commissioners or quorum foresaid to proceed in all Summons and Actions to be intended for that effect within the space of two years after the first down-sitting of the Commission And whereas it may fall out that some of the saids Commissioners may be un-able to attend the service through death sickness or other known impediment Therefore His Majesty Declares that He shall be carefull to fill their places with other persons qualified whose oaths for faithfull discharge of the same shall be taken by the Lord Chancellor or in his absence by the President of the said Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and the Acts Decreets and Sentences thereof to have the force strength and effect of a Decreet and Sentence of Parliament and the Lords of Session to grant and direct Letters of Horning Poinding and others requisit in maner contained in the foresaids Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heretors who should be willing to buy should have their own Teinds at reasonable rates therefore His Majesty with advice foresaid Statutes and Ordains That all Heretors whose Teinds are not valued excepting as is formerly excepted in this Commission shall have liberty to value and buy the same at such rates as is contained in the Acts of Parliament one thousand six hundred and thirty three With power to the saids Commissioners to augment the saids rates according to the burden of augmentation and others sustained by the Titulars since the saids Acts and the saids Heretors to have the liberty of buying as said is within the space of three years after the valuation With this Declaration alwayes That in case the impediment during the time foresaid flow from the Titular by reason of his minority or other inability in that case the He retor who offers himself ready to buy his own Teind within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space above-exprest And it is Declared that if the Heretor be Minor and his Tutors neglect the buying of his Teinds within the foresaid space the Minor shall have action for two years after his minority to compell the Titular for selling of his saids Teinds And His Majesty with consent foresaid hereby discharges all former Commissions Declaring the same to be expired XXVIII ACT annent penal Statutes THe King 's most Excellent Majesty having out of His grace and goodness to His Subjects granted an full and free Act of Indempnity Pardon and Oblivion for all crimes and offences committed by them relating to the late troubles and more fully exprest in the tenth Act of the second Session of this Parliament And considering that besides these there be divers arbitrary and pecunial pains adjected to penal Statutes which being strictly exacted would prove an heavy burden to the Subjects who may be lyable thereto And His Majesty being desirous now at the close of this His first Parliament that all His good Subjects may find the effects of His mercy as to exceed all former presidents so to be beyond their own expectation Hath therefore thought fit with the advice and consent of His Estates of Parliament by these presents to Discharge Pardon and Remit all contraveeners of any penal Statutes for all deeds heretofore done by them contrary to the tenor thereof Excepting the Statutes concerning the unlawfull taking of Usury transporting of Silver and Gold slaying of red and black Fish and all Acts and Statutes past in this present Parliament which are no wayes discharged by this present Act. XXIX ACT Salvo jure cujuslibet OUr Soveraign Lord and Estates of Parliament considering that in this last Session of this present Parliament many particular Acts and Ratifications have been past wherein divers Clauses may be inserted prejudicial to the rights and interests of several persons albeit it hath alwayes been His Majesties purpose and meaning and the purpose and meaning of the Estates of Parliament in this as in all preceeding Parliaments That all particular Acts and Ratifications general or special howsoever conceived where persons concerned have not been heard for their Interest before the passing thereof should not prejudge private Rights of parties Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all particular Acts and Ratifications whatsoever past in this last Session of this present Parliament shall be interpreted Salvo jure cujuslibet Excepting alwayes an Act and Ratification past in this Session of Parliament in favours of the Duke and Dutchess of Buccleuch of their Contract of Marriage which is Declared by His Majesty and Estates of Parliament no wayes to be comprehended herein Extracted from the Records of Parliament by me Sir ARCHIBALD PRIMEROSH of Chester Knight and Barronet Clerk of His MAjESTIES Council Registers and Rolls A. Primerose Cls. Reg. ATABLE of the Printed ACTS 1. ACt against separation and disobedience to Ecclesiastical Authority Page 3 2. Additional Act concerning the Declaration to be signed by all persons in publick Trust Page 6 3. Act against Protections Page 8 4. Act for the establishment and constitution of a National Synod Page 9 5. Act anentruinous houses in Royal Burghs Page 10 6. Act discharging the importation of Strong-waters c. Page 12 7. Act discharging the mixing of Tin with Lead ibid. 8. Act anent the discharging of Advocations for sums within two bundred merks Page 13 9. Act
in favour of Minors anent the duties of the Lands comprised from them ibid. 10. Act against exportation of money forth of the Kingdom Page 14 11. Act for encouragement of Tillage and Pasturage Page 17 12. Act for a new Imposition upon English Commodities Page 18 13. Act imposing a Custom upon Corn imported from Ireland into this Kingdom Page 19 14. Act for in-bringing of His Majesties Rents Page 20 15. Act concerning Beggars and Vagabonds Page 23 16. Act anent the measure of Coal Page 26 17. Act anent the Foot-measure Page 27 18. Act discharging Monday and Saturday Mercats in Royal Burghs Page 28 19. Act anent Lint-seed Hemp-seed and Steel ibid. 20. Act anent Manses and Glebs and poinding for Ministers Stipend Page 29 21. Act anent Comprisings Page 30 22. Act anent Sentences of Excommunication Page 31 23. Act for additional provision in favours of the Vniversities Page 32 24. Act regulating the proportions of Excise in the several Shires and Burghs Page 34 25. An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland Page 36 26. Act asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners Page 38 27. Commission for plantation of Kirks and valuation of Teinds Page 39 28. Act anent penal Statutes Page 43 29. Act Salvo jure cujuslibet Page 44 A Table of the special Acts and Ratifications past in the several Sessions of this Parliament which are not printed FIRST SESSION PRotestations by some Noble-men Commissioners from Shires and Burghs concerning their precedencies in the Rolls of Parliament Act discharging Sir Archibald Johnstoun of all publick Trust Act concerning the Burial of the Corps of the late Marquess of Montrose and Laird of Dalgety Commissions for the Lords of the Articles and Bills Exoneration to Mr. John Young concerning the Registers Record of the production of the Patents granted by His Majesty to His Officers of State and their Admissions Record of the production of some Patents of Honour Decreet Earl of Dalhousie and others against Mr. Robert Hodge Act in favours of the Laird of Mackclean Precognition in favours of the Master of Bamff Commission to Mr. John Wilkie to collect the vacand Stipends Act rescinding the pretended forfeiture of the Marq of Montrose Act allowing Messengers to execute Summons of Treason Exoneration in favours of the Earl of Crawfurd and Lindsay Act concerning the Magistrates of Kirkwall Act for an Imposition at the Bridge of Musleburgh Commission for visiting the University of Aberdeen Act anent the election of the Magistrates of Monross Decreet Archibald Lamont contra Campbel Act for an Imposition at the Calsees of Cowie-month Reference Mackenzie contra Mackpherson Decreet Earl of Perth contra Sir George Mouat Acts in favours of some Ministers for their Stipend Act in favours of Col. Weymes Col. Lesly and James Scot. Letter and Act in favours of the Laird of Renton Act for a Bridge at Ramal-well-craig on Clyd Act in favours of the Town of Wigtoun concerning a Bridge Decreet Lockhart contra Bonar Decreet Mackenzie of Redcastle contra Gilbert Ker and others Decreet Elizabeth Dutchy contra Henry Dennistoun Act annent the Custom and Price of imported Tobacco-pipes Decreet Carnaigie contra Carnaigie Ratification to the Earl Marshall of the Sheriff-ship of Aberdeen Protestation by the Earl of Roxburgh in name of the Marquess of Huntly against the same Ratification in favours of Mr. Adam Cunningham of Wood-hall of the Commissariot of Dumfries Ratification in favours of the new Colledge of Aberdeen Protestation by the Town of Aberdeen against it Ratification in favours of Sir John Urqhuart of Cromarty Rat. Mr. Hary Hay of the Commissar-clerkship of Edinburgh Ratification to John Ramsay of his Office from the Lord Register Ratification in favours of the Burgh of Elgin Ratification in favours of Thomas Manson Ratification of the erection of the Kirk of Kinlosse Rat. to Mr. Tho Young of the Commissar-clerkship of Lauder Rat. of the erection of the Town of Findorn in a Burgh of Barony Protestation Town of Forres against it Ratification in favours of _____ Wat. Rat. to Mr. James Nicholson of the Commissariot of Brichen Ratification to John Newel Ratification in favours of Hary Blaickwood Ratification to Alexander Monro of the Commissariot of Stirling Act concerning the Town of Kirkwall Rat. to the Town of Edinburgh of the regality of the Cannongate Rat. to the Town of Edinburgh of the mark upon the Tun. Rat. Town of Edinb of the Land called The Kings work in Leith Rat. Town of Edinb of the Customs at the house in the Mure. Rat. of the Town of Edinburghs new Charter of Confirmation Act in favours of Mr James Daes Commission for tryal of the burning the Gates of Drumlanrig Act concerning the Earl of Perth and Lord Drummonds losses Act concerning Sir Thomas Hamiltoun of Prestoun his Writes Act rescinding the pretended forfeiture of the Marquess of Huntly Act rescinding the pretended forfeiture of Mackdonald of Largy Act rescinding the pretended forfeitur of Sir John Gordoun of Haddo Act for a contribution for repairing the Harbour of Peterhead Act in favours of the Town of Dunce Act in favours of George Campbel Modifications to suffering Ministers out of the vacand Stipends Ratification in favours of the Eail of Mar. Ratification in favours of the Town of Nairn and Protestation by the Laird of Caddel against it Ratification in favours of the Earl of Panmure and Protestation by the Burgh of Arbroth against it Ratification in favours of the Burgh of Innerness and Protestation for Redcastle Dunean and the Burghs of Forteross Cromarty and Dingwal against it Ratification in favours of the Earl of Linlithgow Ratification to the Earl of Callander Ratification to the Town of Musleburgh Ratification in favours of Robert Thomson and Protestation by the Earl of Athol against it Ratification in favours of Mr. Thomas Murray Ratification in favours of Mr. John Finlay Ratification in favours of the Burgh of Wigtoun Act for a weekly Mercat and two Fairs yearly in Bouden Ratification in favours of the Royal Burroughs Ratification in favours of the Earl of Weymes Ratification in favours of the Burgh of Kirkcaldy Commissions for trying some persons suspected of witch-craft His Majesties nomination of the Lords of Sess and their Admission Act for the sitting and diets of the Session The Lord Registers nomination of the Clerks to the Session to the registration of Seasings and admission of Notars and their admission conform to their Gifts from the Lord Register Act establishing the Sheriffdom of Ross and the bounds of it Commissions for the Fishings on the waters of Ugie and Itham Act to James Weymes for a new invention of Milnes c. Act in favours of the Earl of Lauderdaile anent the Lordship and Regality of Musleburgh and Superiority thereof Protestation by the Lord Colintoun that the said Act should not prejudge him of his Right to the Teind of the Paroch of Hales
Argyl Commission for tryal of the burning the Gates of Drumlanrig Modification and Recommendations for some suffering Ministers Proclamation for the anniversary Thanks-giving Act concerning the Earl of Mortoun and Town of Kirkwall Act for yearly Fairs in Corstorphin Act in favours of Lord Fraser for his Title of Lord Fraser Act betwixt the Lord Burghly and Shire of Fife Act in favours of Alexander Bruce Brother to the E. of Kincarden Act anent the Chapter of Argyl and Glenorchies Protestation against it Act in favours of the Inhabitants of Orknay Act for relief of those who were over-burdened in their Levies in anno 1649. for their concurrence in the Engagement in anno 1648. Act concerning the Ministers of Edinburgh Act rescinding the pretended forfeiture against Harthill Act in favours of the Earl of Perth and others and some monies due to them by the Shire of Perth Commission for the Creditors of forfeited persons Act for keeping the Registers of Session in the Parliament-house Decreet Marquess of Huntly cont Innes Cromarty Rob. Foulis c. Decreet Laird of Haddo contra Lesly Act of dissolution of the Earldom of Orknay Decreet Mackclaud contra Mr. David Drummond c. Decreet Sir James Mackdonald contra Mackconochie Inera Act for changing the Way betwixt the south Ferry and Cramond Act in favours of the Town of Edinburgh Decreet against Archibald Campbel Decreet of forfeiture against Ardkinlass and Ormsay Act in favours of the Lord Lyon Act for an Arch-deanry in the Isles Act in favours of Sir Robert Fletcher Decreet Mrs. Whaley contra Lamintoun Act for changing the Mercat-day in Aberdeen Act in favours of the Town of St. Andrews Act for yearly Fairs to the Earl of Kinghorn the Lord Tarbet the Lairds of Glenorchie and Haddo Act for two Fairs yearly and a weekly Mercat in Dalmeny Act in favours of the Earles of Queensberry and Annandail Decreet in favours of Mr. Thomas Mackenzie Act for building a Meal-mercat in Dumfries Act concerning the Declaration Act containing exceptions from the Act of Indempnity for Fines Act anent the Children and Posterity of forfeited Persons Act in favours of the Countess of Branfurd and Lady Forrester Act in favours of the Lord Mackdonald Act in favours of Lamont Act freeing Bishops Vassals from the charge of Commissioners to the Parliament Commission for rectifying the Valuations of Aberdeen Shire Recommendation in favours of John Mein Decreet Dunolich against Campbel Suspension of publick Debts with References in favours of the Lord Burghly and Lord Carden Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Bishop of Edinburgh Ratification in favours of the Bishop of Galloway Ratification in favours of the Bishop of Brichen Ratification in favours of the Bishop of Argyl Ratification in favours of the Earl of Craufurd and Lindsay Two Ratifications in favours of the Duke of Lenox Two Ratifications in favours of the Earl of Athol Ratification in favours of the Earl of Tullibarden Ratification to Sir John Gilmor of his Lands of Craiglockhart Ratification to the Laird of Morphie Ratification to the Laird of Allardice Ratification to the Laird of Glenorchie Two Ratifications to the Laird of Cromarty Ratification to John Beaton Ratification to the Burgh of Linlithgow Ratification to Sir John Strachan Ratification to Paul Symer Ratification to the Earl of Annandail Ratification to the Earl of Newburgh Ratification to Sir Robert Innes of Muretoun THIRD SESSION ACt concerning the constitution and election of the Lords of the Articles Warrands for personal Protections against Captions for some time to the Lord Sinclar and others Commission for trying of the contrivance and carrying on of the Act of Billeting Decreet and Sentence of forfeiture against Archibald Johnstoun some time of Waristoun Act ratifying the Remission granted to George Campbel Act for annexing some Kirks to the Deanry of St. Andrews Record of the production of the Duke of Monmouth's Patent to be Duke of Buccleuch Act allowing to the Ministers who served before and in the year one thousand six hundred and sixty two the half of the Stipend due for that year Ratification in favours of Sir Peter Wedderburn Act rescinding a former Act past in the last Session of Parliament annent some Fees acclaimed as due to the Lyons Office Act concerning the matter of Billeting and a Letter directed to His Majesty thereupon Act for repairing the High-wayes at the Town of Prestoun Warrand for three Fairs to the Town of Newburgh Act concerning the pardoning and restoring the Children of forfeited persons Angus and Donald Mackclauds declared Fugitives An Imposition for repairing and upholding a Bridge in Clidsdail Warrand for changing the Fair-day of the Town of Clackmannan Reference to His Majesty concerning the Process against Assint Act concerning the Imposition laid on English Commodities Act past in favours of Printers Stationers Silk weavers c. Act for changing of the name of Souter of late used by some of name of Johnstoun Act for an Imposition for repairing the High-way betwixt Corstorphin and the Cow-bridge Warrand for changing the Fair-day of the Town of Nairn Commission concerning the Annual-rents due by persons forfeited by the Usurpers Act Rescinding Annulling and for Razing out of the Records two Acts past in the second Session of this Parliament one for excepting persons from publick Trust and the other for the manner of voting it by Billets Act in favours of Doctor Colvil Act concerning the riding of the Parliament and the Penalties of such as shall be absent from it Decreet betwixt Sir Arthur Forbess and the Lord Cochran Act in favours of Mr. John Wilkie Act anent the vacand Stipends in Argyl and Isles Act for repairing the Bridge of Tullibody Act for the disposal of some vacand Stipends Act for the Bridge of Dalkeith Act for upholding the Bridge of Kippon and for two Fairs at the Kirk of Kippon Act for changing the weekly Mercat of Pettenweym Act in favours of John Halybrunton concerning his Writes Act appointing the Fines to be paid in to any person His Majesty shall appoint Act in favours of the Captain of Dunstaffnage and others Two Fairs yearly to be kept in the Barony of Preston The Fairs ganted to the Town of Whitehorn changed in the dayes and dyets thereof Decreet the Earl of Roxburgb contra Sir John Weymes Act for two Fairs and a weekly Mercat in Stanehyve Act concerning the making of Cairds Recommendation in favours of the Marquess of Montrose Warrand for two Fairs and weekly Mercat to the Laird of Drum Warrand for paying of some debt due by the Shire of Dumfries An Act and Ratification of the Contract of Marriage betwixt the Duke and Dutchess of Buccleuch and Warrand for registrating the Contract Act concerning the Stipend of the Ministers of the Cannongate Remit the Duke of Hamiltoun contra Lady Forrester Warrand for two Fairs and for changing the Mercat-day of the Barony of Skirling Warrand for a yearly Fair on the Brae of Athol Act for a Fair and weekly Mercat on the Lands of Kinudy Act concerning Broomhalls Writes Act for an Imposition for repairing and keeping up the Bridges of Sauchtonhall and Clegorn Remit to the Session concerning the eighty thousand merks claimed from the Burroughs Lamonts Process against George Campbel remitted to the Session Recommendation in favours of some suffering persons Commission for ordering the prices of Offices Writes and Seals Act suspending execution for publick Debts untill the next Parliament Act concerning the Zetland Company of White-fishing remitted to the Council Act for a yearly Fair in Paisla Act for a yearly Fair in the Barony of Caskibon Remit to the Council anent the Act for Trade Warrand for changing a Way near Ledintoun Act for renewing the Justices of Peace Ratification in favours of Sir Andrew Aiton Ratification in favours of the Lords of the Session Ratification in favours of David Souter Ratification in favours of Mr. Alexander Foulis of Ratho Ratification in favours of the Bishop of Aberdeen Ratification in favours of Sir Robert Sinclar of Steinstoun Ratification in favours of Mr. Robert Sinclar of Longformacur Ratification in favours of Thomas Hamiltoun of Bathgate Ratification in favours of William Prestoun of Valifield Ratification in favours of Mr. Robert Prestoun of that ilk Ratification in favours of Michael Balfour of Pitmedden Ratification in favours of James Campbel and his Son Ratification in favours of John Malcolm Ratification of a mortification in Perth Ratification in favours of George Home of Kames Ratification in favours of the Earls of Craufurd and Lauderdaile the Lord Parbroth the Lairds of Hatton and Ardross Colonel Lesly and James Scot of their Gifts of Mines and Minerals Ratification in favours of James Dickson Ratification in favours of the Burgh of Whitehorn Ratification in favours of Sir John and Mr. Alexander Gibson Ratification in favours of the Earl of Rothes Ratification in favours of the Earl of Dumfermline Ratification in favours of Sir John Home of Rentoun Lord Justice Clerk and Protestation for Sir Alexander Home and Wedderburne against it Ratification in favours of Charles Maitland of Haltoun Ratification in favours of William Scot of Ardross Rat. to the Town of Edinburgh of their right to the Citadel Ratification in favours of Captain Lockhart FINIS
Kingdom being still more and more sensible of this their happiness by the often and renewed expressions of His Majesties grace and favour and of His tenderness and care of their perservation in the peaceable and secure enjoyment of their Religion Laws Liberties and Properties Do find themselves the more oblieged to renew the expressions of their duty and loyalty to His Majesty And therefore the Estates of Parliament of this His Majesties ancient Kingdom of Scotland do in name and behalf of all His Majesties good Subjects within the same by these presents renew the dutifull tender of their lives and fortunes for the promoving of His Majesties Service and the advancement of His Royal Authority And as they do chearfully recognosce His Majesties Royal Prerogative and undoubted Right of the sole power of raising arming and commanding of His Subjects So in a further acknowledgement of their duty they do make humble and hearty offer to His Majesty of twenty thousand Foot-men and two thousand Horse-men sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportions following viz. From the Shires of Roxburgh and Selkirk one thousand three hundred thirty three Foot and one hundred fourty eight Horse From the Shire of Berwick eight hundred Foot and seventy four Horse From the Shire of Edinburgh eight hundred Foot and seventy four Horse From the Shire of Haddingtoun eight hundred Foot and seventy four Horse From the Shire of Peebles two hundred sixty six Foot and twenty nine Horse From the Shire of Linlithgow three hundred thirty three Foot and fourty two Horse From the Burgh of Edinburgh Lieth and Canongate eight hundred Foot From the Shire of Dumfries eight hundred Foot and eighty eight Horse From the Shire of Wigtoun eight hundred Foot and eighty eight Horse From the Shires of Air and Renfrew one thousand three hundred thirty three Foot and one hundred seventy six Horse From the Shire of Lanerick one thousand Foot and one hundred fourty eight Horse From the Shires of Stirling and Clackmannan six hundred sixty six Foot and eighty eight Horse From the Shires of Fife and Kinross one thousand six hundred Foot and one hundred seventy six Horse From the Shire of Perth one thousand six hundred Foot and one hundred seventy six Horse From the Shire of Forfar one thousand Foot and one hundred and three Horse From the Shire of Kincardin and Marshals part of Aberdeen eight hundred Foot and seventy four Horse From the rest of Aberdeen and Shire of Bamff one thousand sixty six Foot and one hundred seventy six Horse From the Shires of Elgin Nairn and this side of Ness one thousand Foot and eighty eight Horse From the Earl of Seafort and Lord Lovat their division of Innerness six hundred sixty six Foot and eighty eight Horse From the Shires of Sutherland and Caithness and the rest of Innerness one thousand sixty six Foot and eighty eight Horse From the Shires of Argyl Dumbartoun and Bute eight hundred Foot From the Shire of Orknay six hundred sixty six Foot Which Forces are 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 Irland for suppressing of any forreign invasion intestine trouble or insurrection or for any other service wherein His Majesties Honour Authority or Greatness may be concerned And for the better prosecution hereof the Estates of Parliament do humbly entreat His Majesty may be graciously pleased to give Commissions to such persons to be general Officers Colonels Lieutenant colonels Majors and Rute-masters as His Majesty in His Royal judgment shall think sit and for the other Officers or any other thing fitting to be done for perfecting of the Levies and carrying on of this business they do humbly recommend to His Majesty to give His direction therein to His Privy Council who are hereby impowered with Commission and Authority for the ordering disposing and sole managing of this Affair in such a way as this dutifull offer of the Parliament of His Majesty may be made most effectual and according to the instructions and commands they shall receive from His Majesty And the Estates of Parliament do Declare that if His Majesty shall have further use of their service this Kingdom will be ready every man betwixt sixty and sixteen to joyn and hazard their lives and fortunes as they shall be called for by His Majesty for the safety and preservation of His sacred Person Authority and Government XXVI ACT asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners THe Estates of Parliament considering that during the late troubles divers invasions were made upon the Royal Prerogatives of the Crown and that in a just abhorrence thereof and in a due sense of the happiness they enjoy under His Majesties Government they are oblieged in all occasions to vindicate and assert the same in the several branches thereof And since the ordering and disposal of Trade with forraign Countries and the laying of restraints and impositions upon forraign imported Merchandizes is by the Law of Nations acknowledged to be proper to and inherent in the persons of all free Princes as an undoubted Prerogative of the Crown They therefore in a dutifull and humble recognizance of His Majesties Prerogative-royal do Declare That the ordering and disposal of Trade with forraign Nations and the laying of restraints and impositions upon forraign imported Commodities doth belong to His Majesty and His Successours as an undoubted Priviledge and Prerogative of the Crown and that by vertue thereof they may lay such impositions and restraints upon imported forraign Commodities and so order and dispose upon the Trade of them as they shall judge fit for the good of the Kingdom Likeas the King's Majesty with advice and consent of His Estates in Parliament doth hereby Rescind and Annull all Acts Statutes Constitutions and Customs to the contrary and Declares the same void and null in all time coming XXVII COMMISSION for the plantation of Kirks and valuation of Teinds THe King 's most Excellent Majesty being desirous to prosecute the work of valuation of Teinds and plantation of Kirks in reference to His own interest for the annuity and the universal good of His people especially for the incouragement of the Ministers of the Gospel Doth with advice and consent of His Estates of Parliament Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royal Father of blessed memory in anno one thousand six hundred and thirty three entituled Commission for valuation of Teinds in the whole heads clauses and conditions thereof except in so far as there hath been any alterations made therein by Acts and Commissions made and granted by His Majesty since the date of the said Act or granted by any pretended Parliaments since and which are Ratified Salved or Reserved by this present Parliament and which alterations are