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B05253 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. 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 the special advice and consent of the Estates of Parliament.; Laws, etc. Scotland.; Rothes, John Leslie, Earl of, 1630?-1681.; Scotland. Convention of Estates. 1674 (1674) Wing S1278A; ESTC R183991 41,047 48

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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 Holden at Edinburgh from the eighteenth of June 1663. to the ninth of October thereafter on which day the the Parliament was dissolved By a Noble Lord John Earl of Rothes Lord Lesly and Bambreith 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 EDINBURGH Re-printed by Andrew Anderson Printer to the King 's most Excellent MAJESTY Anno DOM. 1674. CUM PRIVILEGIO 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 entred to the Cure of any Paroch without Right or Presentations from the lawful Patron 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 whatever 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 afore-mentioned Acts and Laws made in the two former Sessions of Parliament in order to the setling 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 entred 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 chearfull 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-writren 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 Landlord as His Maejesties Council shall think fit not exceeding a fourth part thereof and every Burgess to lose the libertie of Merchandizing Trading and all other Priviledges within Burgh and fourth part of their moveables And His Majesty with advice foresaid doth hereby
exportation of money forth of the Kingdom ibid. 11. Act for encouragement of Tillage and Pasturage Page 15 12. Act for a new Imposition upon English Commodities ibid. 13. Act imposing a Custom upon Corn imported from Ireland into this Kingdom Page 17 14. Act for in-bringing of His Majesties Rents ibid. 15. Act concerning Beggers and Vagabonds Page 20 16. Act anent the measure of Coal Page 22 17. Act anent the Foot-measure ibid. 18. Act discharging Munday and Saturday Mercats in Royal Burghs Page 23 19. Act anent Lint-seed Hemp-seed and Steel Page 24 20. Act anent Manses and Glebs and poinding for Ministers Stipend ibid. 21. Act anent Comprisings Page 25 22. Act anent sentences of Excommunication Page 26 23. Act for additional provision in favours of the Vniversities Page 27 24. Act regulating the proportions of Excise in the several Shires and Burghs Page 28 25. An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland Page 30 26. Act asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners Page 32 27 Commission for plantation of Kirks and valuation of Teinds ibid. 28. Act anent penal Statutes Page 36 29. Act Salvo jure cujuslibet 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 Turst 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 Po●ng 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 〈◊〉 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 〈◊〉 an Imposition at the Bridge of Mufleburgh 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 Mackenȝie contra Mackpherson Decreet Earl of Perth contra Sir George Mouat Act in favours of some Ministers for their Stipend Acts 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 Mackenȝie of Redcastle contra Gilbert Ker and others Decreet Elizabeth Dutchy contra Henrie Dennistoun Act anent the Custom and Price of imported Tobacco-pipes Decreet Carnaigie contra Carnaigie Ratification to the Earl Marshal of the Sheriff-ship of Aberdeen Protestation by the Earl of ●●xburgh in name of the Marquess of Huntly against the some Ratification in favours of Mr. Adaw Cunningham of Wood-hall of the Commissariot of Drumfries Ratification in favours of the new Colledge of Aberdeen Protestation by the Town of Aberdeen against it Ratification in favours of Sir John Vr●●hart of Cromarty Rat. to 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 Kinless Rat. to Mr. Thomas 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 Harie 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 King's work at Leith Rat. Town of Edinb of the Customs at the house of 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 of the Gates of Drumlaurig 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 forfeiture 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 Earl 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 and Danean and the Burghs of Forteross Cromarty and Dingwall against it Ratification in favours of the Earl of Linlithgaw Ratification to the Earl of Callander Ratification to the Town of Musteburgh 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 Bauden 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 Vgie 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 Act in favours of the Earl of Lauderdaile Act in favours of the Earl of Lauderdaile concerning the Writes and
Sheriffs under the pain of rebelion with certification c. to find caution Burgesses Indwellers in Edinburgh that they shall yearly make their accompts in Exchequer and pay all things resting owing to the King's Majesty by vertue of their office And sicklike by the two hundred and thirty Act Parliament fourteenth anno one thousand five hundred and ninety four not only the foresaid Act is ratified and approven but also all Chamberlains Fewers Customers Bailies of Burroughs and Sheriffs and others intromettors with the foresaids Rents are ordained to find caution Burgesses of Edinburgh for yearly compearing and making compt in Exchequer And sicklike by another Act. Parliament fifteen Act two hundred and sixty two for preventing of the prejudice that did then arise through the not timeous payment of the foresaids Rents payable out of the High-lands and Isles the saids Fewers are Ordained to find caution to the Exchequer for yearly and thank full payment of the yearly Rents Duties and Services due and payable forth of the Lands possest and occcupied by them or any other in their names wherein if they failed their pretended Infeftments and other Rights and Titles they have to any of their Lands either property or superiority are declared forfault and null Which whole Acts of Parliament respectivè above-mentioned The Kings Majesty and Estates of Parliament taking of new to their consideration and finding no means could have been more probable and conduceable for preventing of these prejudices and obstructions that have arisen to His Majesties Affairs through the not timely payment of His Rents and that the neglect of the exact putting of the saids Acts to execution hath been the only fount in from whence these have sprung Therefore and for preventing of the same in the future the King's Majesty with advice and consent of the Estates of Parliament doth revive Renew Ratifie and Approve rhe foresaids Acts respectively and particularly above written of the dates tenors and contents thereof in all points in so far as the same are or may be extended to the payment or securing of His Majesties Rents and Ordains the same to have force and be punctually obeyed and extended against all Chamberlains Fewers Sheriffs Stewarts of Stewartries Bailies of Regalities Bailies of Burroughs and others lyable in payment of any of His Majesties Rents for finding caution in Exchequer to the Thesaurer principal and Thesaurer-depute who are hereby required to cause charge the foresaids persons particularly above-mentioned at the Mercat-cross of Edinburgh to compear before them to the effect above written with certification not only under the pains contained in the respective Acts of Parliament but also in case of their disobedience to denounce them Rebels at the said Mercat-cross of Edinborgh and to be registrate in the Thesaurers or general Registers of Hornings Which charge denounciation and registration respective the King's Majesty and Estates of Parliament Declares to be as sufficient to all purposes and intents as if the same charge were given to them personally at their dwelling houses and the denounciation at the head Burgh of the Shire where they live and the same registrate in the Sheriff Books thereof And sicklike His Majestie and Estates of Parliament taking to their consideration that several of the saids Fewers charged and denounced for not compearing compting and paying of their saids Duties do ly under the Process of Horning apprehending themselves from the distance of the place secure both as to their persons and goods to the great contempt of His Majesties Royal Authority slighting contemning and vilipending His Majesties Laws And His Majesty and Estates of Parliament considering by the nature duty and office of each Sheriff Stewart and Bailies of Regalities within their respective Jurisdictions they as His Majesties Officers are oblieged and by several Acts of Parliament viz. the 30 Act JA. 4. Par. 3. Par. 6 Act 69 Act 97. JA. 5. Par. 7. Act 74. Par 6. JA. 6. Act 75. JA. 6. Par. 6. Ordained to execute His Majesties Laws and put Letters of Poinding and Caption to execution take and apprehend the Rebels uplift their estates and compt for the same to the Comptroller and Thesaurer and to cause their Clerks give in the Registers of Hornings and to uplift His Majesties retoured Duties blench Duties Taxations and other Duties payable to His Majesty as not only the saids Acts of Parliament but also the several Rolls of Exchequer bears Whereby it appears both by Law and the nature and duty of their Office that they ought to execute His Majesties Letters and cause His Majesty be payed of His Rents by the persons lyable in payment thereof within their bounds and that the contemners of His Majesties Authority be duely punished and His Majesties Laws put to execution by them as His proper Officers Therefore the King's Majesty and Estates of Parliament Ordains when any of the foresaids persons for disobedience to the charges given to them for payment of the Mails Farmes and Duties as said is are denounced rebels and put to the horn Letters be directed to charge the Sheriff of the Shire and his Deputes Stewart of the Stewartry Bailie of the Regalitie respective within those bounds where the saids persons dwells or lands lyes to take and apprehend their persons and put them in warde ay and while payment be made to the Thesaurer and Thesaurer-depute or others appointed by them and an eque retired thereof or to poind and distrenȝie the readiest goods and geer and make sale of so much thereof and to cause His Majesties Thesaurer and Thesaurer-depute and others appointed by them for that effect to be compleatly payed of the said sum charged for or to instruct sufficient and exact diligence for the same within twenty one dayes next after they be charged With certification if they failȝie the saids twenty one dayes being by-past Letters shall be directed to charge them or their respective cautioners to make payment thereof themselves under the pain of rebellion and putting of them to the horn and if they failȝie to denounce them rebels c. in manner above-specified XV. ACT concerning Beggars and Vagabonds OUr Soveraign Lord considering the many laudable Acts of Parliament made by His Majesties Royal Predecessors for relief of the Poor and for constraining of Beggars Vagabounds and idle Persons to take themselves to lawfull Callings that they might not be burdensom and dis-gracefull to the Kingdom Especially the seventh Act of the sixth Parliament of His Majesties Royal Grand-father King James the sixth of happy memory Ordaining the names of the Poor of ilk Paroch and such as must be necessarily sustained by almes to be taken up and to tax and stint the persons within the Paroch according to the estimation of their substance without exception of persons to such weekly charges and contributions as should be thought sufficient to sustain the said poor People And the hundred and sixty eight Act of the fifteenth Parliament of King James the sixth Ratifying
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 preservation 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 acknowledgment of their duty they do make humble and hearty offer to His Majestie of twenty thousand Footmon 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 Wigtour 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 hundred fourty eight Horse From the Shires of Stirling and Clackmannan six hundred sixty six Foot and eighty eight Horse From the Shires of Fyfe 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 to any part of His Dominions of Scotland England or Ireland 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 intreat 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 judgement shall think fit 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 to 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 tronbles 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 on all occasions to vindicat 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 dutiful and humble recognizance of His Majesties Prerogative-royal do Deelare 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 Successors 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 shal 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 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 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 not destructive of and contrary to this present Act or
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 had followed thereupon Yet nevertheless His Majesty doth with advice foresaid authorize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or more 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 lawful 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 unable 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 manner 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 in-ability in that case the Heretor 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 Teind 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 anent 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 Remitall 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 Sossion 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 praticular 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 ARCMIBALE PRIMEROSE of Chester Knight and Barronet Clerk of His MAJESTIES Council Registers and Rolls A. Primerose Cls. Reg. A TABLE 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 7 4. Act for the establishment and constitution of a National Synod Page 8 5. Act anent ruinous houses in Royal Burghs Page 9 6. Act discharging the importation of Srong-waters c. Page 10 7. Act discharging the mixing of Tin with Lead Page 11 8 Act anent the discharging of Advocations for sums within two hundred merks ibid. 9. Act in favour Minors anent the duties of the Lands comprised from them Page 12 10. Act against
Securities of his Lands Act concerning the Earl of Cassils Act anent the Lights on the May. Act rescinding the pretended forfeiture of the Laird of Glengairy Act rescinding the pretended forfeiture of Mackclean of Lochbouy Act rescinding the pretended forfeiture of Mackclean of Kingerloch Decreet Earl of Southesk and Lord Burghly against the Shire of Fife Decreet Marquess of Montross against the Marquess of Argyl Decreet Laird of Dury contra Duke of Hamiltoun Act in favours of the Burgh of Aberdeen Act for two Fairs and a weekly Mercat in Strathaven Act in favours of Patrick Dumbar Act in favours of the Laird of Edgerstoun Act for three Fairs to the Town of Lesly Act for a weekly Mercat and two Fairs in the Town of Tullith Act for a yearly Fair in Aldeir Decreet Pluscarden contra Mackpherson and others Act in favours of the Clan Gregor ☞ Decreet E. Roxburgh con E. Lothian anent the Title of Lord Ker. Decreet Earl of Airly against Mackenȝie and others Act for repairing the Bridge of Sanchar Act for two Fairs and a weekly Mercat in Hamiltoun Act rescinding the pretended forfeiture of David Graham of Gorthy Act in favours of Doctor Gleg ☞ Record of the losses of some Noble-men for their loyaty ☞ Act for ordering the precedency of the Officers of State Decreet of forfeiture against Sir Archibald Johnstoun Act rescinding the pretended forfeiture of the Lord Heries Ratification in favours of the Earl of Roxburgh Ratification in favours of the University of St. Andrews Ratification in favours of the Burgh of Lauder Ratification in favours of Major Ramsay Ratification in favours of the Laird of Hayning Ratification in favours of John Stirling of Orther-field Ratification in favours of the Earl of Leiven Ratification in favours of John Campbel of Ardchattan Ratification in favours of the Burgh of Linlithgow Ratification in favours of the old Town of Aberdeen Rat. of the mortification of a Hospital in the Paroch of Largo Ratification in favours of the Laird of Monymusk Protestation by the Earl of Aboyn in name of the Marquess of Huntly against it Ratification in favours of the Burgh of Dumbartoun Protestation of the Town of Glasgow against it Ratification in favours of the Town of Glasgow Protestation by the Duke of Lennox and Hamiltoun and the Burghs of Dumbartoun and Renfrew against it Ratification in favours of the Burgh of Forterose and Protestation by the Town of Innerness against it Ratification in favours of the Officers of the Mint Protestation for the Burgh of Edinburgh against it Act for coyning of Copper-money Act for providing a Stock to the Mint-house Decreets of forfeiture against William Dundass of Magdallans and John Hume of Kello Act anent the redemption of Infeftments of Fee granted under reversion Act rescinding the pretended forfeiture of Sir Robert Spoteswood Act rescinding all Decreets of forfeiture against Archibald and Mackgilespik Mackdonal of Colinsay Act rescinding the forfeiture of Archibald Mackdonald of Sands ☞ Protestation by the Creditors of the Marquess of Argyl that they be not prejudged by any Sentence to be given against him ☞ Decreet and Sentence of forfeiture against the Marquess of Argyl Decreet and Sentence of forfeiture against Mr. James Guthry Decreet and Sentence of forfeiture against William Govan Decreet L. Cochran against the Executors of the Earl of Buccleuch Act for two Fairs to the Burgh of Ruthglen Act for Imposition for upholding a Bridge on the Water of Fleet. Acts concerning the Town of Edinburgh and their Annuity out of the House-mails and the Imposition granted to them of two pence upon the pint of Ale c. Decreet Duke of Hamiltoun contra Ardkinglass Commission for a Council of Trade Decreet in favours of the E. of Callander against the E. of Leiven Act for changing an High-way at Abbotshall ☞ Act in favours of William Purvess Decreet Sir William Baily of Lamingtoun contra Mrs. Whalley Act for the ordinar allowance of the Clerk Registers Subscription Ratification in favours of the Marquess of Montrose Act ratifying the union of the Paroches of Logy montrose and Perth Act anent slaying of Fish in forbidden time Act in favours of the Earl Cassils Earl Lothian Brody c. Commission concerning the Annuel-rents due by persons forfeited by the Usurpers Decreet in favours of Mackintosh against Lochyel Decreet Murdoch Mackclean against John Mackallester c. ☞ Protestations by the Earl of Arrol Earl Craufurd and Lindsay the General of the Mint and the Provost of Edinburgh in name of the Royal Burroughs against the power of the Justices of Peace Act in favours of the Commissars of Edinburgh Act in favours of the Earl of Middleton and Sir John Smith Act in favours of the Earl of Middleton and Sir John Weymes Act for two Fairs to the Burgh of Culross ☞ Act for raising a moneths maintenance imposed in the year one thousands six hundred and fifty one for the Kings use and eighty thousand merks due by the Burroughs Act in favours of the Earl of Dundee Act in favours of the Hat-makers in Edinburgh and Protestation by the Town of Edinburgh against it Decreet John Mackdowgal contra Campbel ☞ Decreet of forfeiture against John Swintoun Act rescinding the pretended forfeiture of the Earl of Branfurd Ratification in favours of the Earl of Panmure Commission for the Fishings of North and South-esks Ratification in favours of the Lord Rollo Ratification in favours of the Earl of Murray Ratification of the Rights and Liberties of the Burgh of Dundee Ratification in favours of the Burgh of Kintor Ratification in favours of the Earl of Tweddal Ratification in favours of Alexander Thomson Ratification in favours of the Earl of Athol Ratification to Sir John Gilmor President of the Session of his Rights of the Barony of Craigmillar Ratification in favours of the Burgh of Dunkell and Protestations by the Town of Perth against it Two Ratifications to the Earl of Craufurd and Lindsay Ratification to the Earl of Lauderdaile of the regality of Thirlestane and Lordship of Musleburgh ☞ Rat. to the Earl of Lauderdaile of the gift of Swintouns forfeiture Ratification in favours of Mr. James Douglass Ratification to Sir John Gilmer of his gift of Pension ☞ Ratification to Sir James Hope of his right to the Mines Ratification in favours of the Laird of Calder Ratification in favours of the Burgh of Aberdeen Ratification in favours of Mr. John Herbertson Ratification in favours of the Earl of Home Ratification in favours of Sir Alexander Home Ratification in favours of Mr. John Cunningham Ratification in favours of James Innes Ratification in favours of Sir James Cunningham Ratification in favours of Sir Robert Murray of Camron Ratification in favours of the Earl Marshal SECOND SESSION ACt for calling in the Bishops to the Parliament Act for setling the Orders in the Parliament-house Act concerning Members of Parliament who do not attend ●acommendation for the Creditors of the late Marquess of Argyl ●ommission for tryal of the burning
the former Act with this addition That strong Beggars with their Bairns be imployed in common Works and that they shal continue servants therein during their life-times And considering the tenth Act of the two and twentieth Parliament of His said Royal Grand-father King James the sixth Recommending to all His good Subjects to take into their service poor and indigent Children declaring that they shall be subject to their said Masters their Heirs and Assignes in all kind of service that shall be enjoyned to them untill they pass their age of thirty years compleat and that they shall be Subject to their Masters correction and chastisement in all manner of punishment life and torture excepted and that if it shall happen the said persons to absent themselves from their Masters service without their licence not only to be lyable to bodily punishment at their Masters difcretion but that all recepters of them shall be obliged to restore them to their Masters within twenty four hours after they be required otherwise to pay to their said Masters ten shillings Scots for ilk dayes absence till they be restored And His Majesty considering that the chief cause whereby the foresaids Acts have proven in-effectual and that Vagabounds and idle Persons do yet so much abound hath been that there were few or no common Works then erected in the Kingdom who might take and imploy the said idle Persons in their service and that now by His Majesties Princely care common Works for Manufacturies of divers sorts are setting up in this Kingdom Therefore His Majesty with advice and consent of His Estates in Parliament Ratifies and Approves the foresaids Acts of Parliament with this addition That it shall be leisum to all Persons or Societies who have or shall set up any Manufacturies within this Kingdom to seize upon and apprehend the persons of any Vagabonds who shall be found begging or who being Masterless and out of service have not wherewith to maintain themselves by their own means or work and to imploy them for their service as they shall see fit the same being done with the advice of the respective Magistrates of the place where they shall be seized upon And Ordains the Paroches where such Vagabonds or idle Persons as shall be found begging were born or in case the place of their nativity be not known the Paroches where they have any residence haunt or most resort for the space of three years immediately preceeding their being so apprehended who thereby are relieved of the burden of them to make payment to the Persons or Societies that shall happen to imploy them of two shillings Scots money per aiem for the first year after they be apprehended and one shilling Scots per diem for the next three years thereafter the one half thereof to be payed by the Heretors of the severall Paroches respective and the other half thereof to be payed by the Possessor and Inhabitants dwelling upon the ground of each Heretor respective Likeas His Majesty with advice and consent foresaid Ordains the Heretors of each Paroch or as many of them as shall happen to meet upon publick intimation made at the Paroch-kirk upon any Sabbath at the dissolving of the Church from the first Sermon by any of the Heretors of the Paroch or by the imployers of the Poor to make up a stent Roll for maintenance of the Poor in their Paroch who shall be imployed as said is at the rate aforesaid the one half thereof to be payed by the Heretors either conform to the old extent of their Lands within the Paroch or conform to the valuation by which they last payed assessment or otherwayes as the major part of the Heretors so meeting shall agree Life-renters and Wod-setters alwayes being lyable during their Rights as Heretors and the other half thereof to be laid upon the Tennents and Possessors according to their means and substance And in case the saids Heretors being required by any Person or Society imploying the Poor as said is shall failȝie to make up and deliver a stent Roll in manner foresaid with power to the Persons Society or others intrusted by them to charge the Heretors of each Paroch for the sum of two shillings Scots per diem for each one of their Poor whereof they shall be relieved in manner foresaid conform to the old extent or valuation foresaid at the option of the Person or Society imploying or these intrusted by them which stent Roll shall continue and stand for one year after the making up thereof either by the Heretors or in case of failȝie by the Persons or Societies imploying the Poor as said is and shall then be renewed from year to year during the years above-written Providing also that the Heretors in case they failȝie to make astent Roll as said is and be charged conform to the old extent or valuation of their Lands that they shall have relief of the Tennents and Possessors of their Lands for the one half of what they shall be distressed for And His Majesty with consent foresaids Ordains Letters of Horning to be directed hereupon at the instance of the Persons or Societies imployers of the Poor or persons intrusted by them against the Heretors and others for payment of the said daily allowance for the Poor or against the recepters of them being so imployed for ten shillings Scots money per diem upon fifteen dayes only Providing alwayes that after examination of the case the Lords of the Privy Council shall find cause for directing such Letters And Ordains all Sheriffs Stewarts Bailies of Regality Principalitie Magistrates of Burroughs or Justices of Peace and their Constables to be assisting in the apprehending of the saids Vagabounds or in the bringing of them back to their service after they shall be imployed And strictly Prohibits and Discharges all persons whatsoever to oppose or hinder the taking or bringing back of them in maner foresaid respective under the pain of deforcement Likeas it is hereby Declared That the Poor so imployed shall continue in the service of the imployers and under their direction and correction in maner foresaid not only during the space of the maintenance to be payed for them by their Paroches in maner above-written but also for the space of seven years thereafter for meat and cloath only Declaring alwayes likeas it is hereby expresly Declared that the Burgh of Air nor their inhabitants shall no wayes be comprehended herein but are excepted here-from in all points And recommends to the Lords of the Privy Council to see this Act and all former Acts of Parliament made against sturdy Beggars and Vagabonds put to execution with power to them to supply by their order what shall be deficient as to the execution of the saids Acts. XVI ACT anent the measure of Coal OUr Soveraign Lord considering that several questions and debates do arise betwixt the buyers of Coal and the Customers and Receivers of the Bullion anent the measure of the chalder