THE LAWS and ACTS OF THE FIRST PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the First of January 1661. By a Noble Lord John Earl of Middleton Lord Cleremont and Fettercairn His MAJESTIES Commissioner for holding of this Parliament by vertue of a COMMISSION under His MAJESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted and Collected from the Records of Parliament by Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His MAJESTIES Council Registers and Rolls EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1661 CVM PRIVILEGIO CHARLES the 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE IRELAND Defender of the faith â—â—uch not my Anoynted GOD SAVE THE KING FEAR GOD HONOVR THE KING HONI SOIT QVI MAL Y PENSE C R HONI SOIT QVI MAL Y PENSE NEMO ME IMPVNE LACESSET The LAWS and ACTS made in the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Began at Edinburgh the first day of January 1661. I. ACT concerning the President and Oath of Parliament FOrasmuch as it hath pleased Almighty GOD to compassionat the troubles and confusions of this Kingdom by returning the Kings most excellent MAjESTY to the exercise of that Royal Government under which and its excellent constitution this Kingdom hath for many ages injoyed so much happiness peace and plenty And it being upon good and important considerations an inviolable practice in this Government before these troubles that the person nominate by His MAjESTY to be His Chancellor within this Kingdom did of right and as due to his place preside in all Meetings of Parliament and other publick Judicatories of the Kingdom where he was present for the time And His MAjESTY now considering the great advantages do accress to the publick good of His Subjects by the due observance of such ancient and well grounded Customs and Constitutions and the prejudices that do accompany a change thereof Therefore His MAjESTY with advice and consent of His Estates of Parliament doth Declare That the present Lord Chancellor and such as hereafter shall be nominate by His MAjESTY or His Royal Successors to succeed in that place and in case of their absence such as shall be nominate by His MAJESTY are by vertue and right of the said office and such nomination respective to preside in all meetings of His MAJESTIES Parliaments or other publick Judicatories of the kingdom where they shall happen to be present and that they are now and in all time coming to injoy this priviledge And in discharge of this trust they are at the first down-sitting of every Parliament to administer to all the Members thereof the Oath of Alleagiance whereof the tenor follows I for testification of my faithfull obedience to my most gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forraign Prince Power or State nor person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and forsake all Forraign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly and never decline His MAJESTIES Power nor Jurisdiction as I shall answer to GOD. With this addition And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament as I shall answer to GOD. Likeas His MAJESTY with advice foresaid doth hereby Rescind and Annull all Acts Statutes or Practices as to the President or Oath of Parliament which are prejudicial unto or inconsistent with this present Act and Declare the same to be void and null in all time coming II. Act and Acknowledgement of His MAjESTIES Prerogative in the choice of His Officers of State Councellors and Judges THe Estates of Parliament considering the great obligations that do ly upon them from the Law of GOD the Laws of Nations the municipal Laws of the Land and their Oaths of Alleagiance to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY and the sad consequences that do accompany any incroachments upon or diminutions thereof Do therefore from their sense of humble duty Declare That it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate and Privy Councellors and the nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors are for ever by vertue of that Royal Power which they hold from GOD Almighty over this Kingdom to injoy and have the full exercise of that Right And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes or Practices to the contrair and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative and to be void and null in all time coming III. Act asserting His Majesties Royal Prerogative in the calling and dissolving of Parliaments and making of Laws THe Estates of Parliament now conveened by His MAJESTIES special Authority considering that the Quietness Stability and Happiness of the people do depend upon the Safety of the Kings MAJESTIES Sacred Person and the maintenance of His Soveraign Authority Princely Power and Prerogative Royal. And conceiving themselves oblieged in conscience and in discharge of their duties to Almighty GOD to the Kings MAJESTY and to their Native Country to make a due acknowledgement thereof at this time Do therefore unanimously Declare That they will with their lives and fortunes maintain and defend the same And they do hereby acknowledge that the power of Calling Holding Proroguing and Dissolving of Parliaments and all Conventions and Meetings of the Estates doth solely reside in the Kings MAJESTY His Heirs and Successors And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY or His Commissioner so no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the Kings MAJESTY or His Commissioner interponed thereto at the making thereof And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Laws Acts Statutes or Practices that have
been or upon any pretext whatsoever may be or seem contrair to or inconsistent with His MAJESTIES just Power and Prerogative above-mentioned and Declares the same to have been unlawfull and to be void and null in all time coming And to the end that this Act and Acknowledgement which the Estates of Parliament from the sense of their humble duty and certain knowledge have hereby made may receive the more exact obedience in time coming It is by His MAJESTY with advice foresaid Statute and Ordained that the punctual observance thereof be specially regarded by all His MAJESTIES Subjects and that none of them upon any pretext whatsoever offer to call in question impugne or do any deed to the contrair hereof under the pain of Treason IIII. Act asserting His Majesties Royal Prerogative in the making of Leagues and the conventions of the Subjects THe Estates of Parliament considering that the maintenance of His MAjESTIES Authority and Royal Prerogative in and concerning the making of Leagues and the conventions of the Subjects is not only a necessary duty of the people but of singular advantage to their happiness and peace And that their Predecessors wisely foreseing the good and benefit thereof and the prejudices and miseries that inevitably did accompany the neglect of the same did therefore by many several Acts and Laws assert the Kings Prerogative and Authority therein and particularly by the hundred and thirty one Act of the eight Parliament of King James the sixth it is Statute and Ordained That none of his Highness Subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of Councils Conventions or Assemblies to treat consult and determine in any matter of State Civil or Ecclesiastick except in the ordinary Judgements without His MAJESTIES special command or express licence had and obtained thereto under the pains made against such as unlawfully convocats the Kings Leidges And by the twelfth Act of the tenth Parliament holden the tenth of December one thousand five hundred and eighty five It is by His MAJESTY with advice of His three Estates Statute and Ordained that no Leagues nor Bonds be made among His Subjects of any degree upon whatsoever colour or pretence without His Highness or His Successors privitie and consent had and obtained thereunto under the pain to be holden and execute as movers of Sedition to the breach of the Peace And now finding that the due observance of these Laws might have contribute much to the preventing of these confusions and troubles which in these late times have almost ruined both the Kings MAJESTY and all His loyal Subjects Therefore His MAJESTY with advice and consent of His Estates of Parliament doth revive renew ratifie and approve these Acts above-mentioned and Ordain the same to be punctually obeyed in all time coming conform to the tenor thereof and under the pains therein contained And Declares that any explanation or glosse that during these late troubles hath been put upon these Acts as that they are not to be extended against any Leagues Councils Conventions Assemblies or Meetings made holden or kept by the Subjects for preservation of the Kings MAJESTY the Religion Laws and Liberties of the Kingdom or for the publick good either of Kirk or Kingdom are false and disloyal and contrair to the true and genuine meaning of these Acts And therefore His MAJESTY with advice foresaid doth Discharge and for ever Annull the same and all Acts and Practices that have been in pursuance thereof V. Act asserting His Majesties Royal Prerogative in the Militia and in making Peace and War c. THe Estates of Parliament considering the great happiness that this Kingdom hath for many ages enjoyed under the princely Government of their Royal Kings who by the special blessing of Almighty GOD have reigned over them in so long and an unparallel'd series of Royal descents and the obligation thereby lying upon them in conscience honour and gratitude to owne and assert the Royal Prerogatives of the Imperial Crown of this Kingdom which the Kings MAJESTY holds from GOD Almighty alone An to vindicat the same from these invasions which by the malice or specious pretexts of ill affected persons and the confusions and disorders of the late times have been made upon it Do therefore Declare That the power of Armes and making of Peace and War or Treaties and Leagues with Forraign Princes or Estates doth properly reside in the Kings MAJESTY His Heirs and Successors and that it was and is their undoubted Right and theirs alone to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwise disposing thereof and of all Strengths Forts or Garrisons within the same as they shall think fit the Subjects alwayes being free of the Provisions and Maintenance of these Forts and Armies unless the same be concluded in Parliament or Convention of Estates Likeas the Kings MAJESTY with advice and consent foresaid doth hereby Declare That it is and shall be high Treason to the Subjects of this Kingdom or any number of them more or less upon any ground or pretext whatsoever to rise or continue in Armes to maintain any Forts Strengths or Garrisons to make Peace or War or to make any Treaties or Leagues with Forraign Princes or Estates or among themselves without His MAJESTIES special Authority and Approbation first interponed thereto And doth discharge all His MAJESTIES Subjects to offer upon any pretext whatsoever to attempt the doing of any of these things hereafter under the said pain of Treason And in further detestation of such unlawfull and unwarratnable practices the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes Ordinances or Deeds past or done in any Parliaments Conventions or other Meetings whatsoever or any otherwise in so far as they are or may be contrair to or inconsistent with this present Act and Declares the same dispensing with the generality and holding all the particulars as verbatim herein inserted to be void and of no force nor effect in time coming VI. Act annulling the pretended Convention of Estates kept in the year 1643. FOrasmuch as the power of calling of Parliaments or Conventions of the Estates of this Kingdom hath alwayes been and is an undoubted priviledge of the Crown and doth soly reside in the Kings MAJESTY And that notwithstanding thereof among the many other invasions which during these late times have been made upon the Royal Prerogative a pretended Meeting and Convention of the Estates was called and kept at Edinburgh in June one thousand six hundred fourty three without any warrand from the Kings MAjESTY And the Estates of Parliament now conveened by His MAjESTIES speciall Authority having taken into their consideration the indiction reasons and grounds of the calling of the said Convention do find that the said pretended Convention of Estates notwithstanding of all the specious
Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs
delivered to any whom the Senators of the Colledge of Justice shall appoint to receive the same and whose discharge upon the receipt thereof in whole or in part shall accordingly be a sufficient exoneration to the Shires and Burghs and all others whom it effeirs And the saids moneths of November and May respective being past Ordains Letters of Horning and Poynding and all other Execution necessar tobe directed at his or their instances against the Shires or Burghs of the Kingdom and their Collectors And twenty dayes being expired after either of the saids moneths respective Ordains Quartering to be upon deficient Shires and Burghs and that all who command the Forces within the Kingdom give orders and be assisting hereunto accordingly LI. Act concerning Arrestments OUr Soveraign Lord considering the great charges that Creditors are put to by Comprising of Sums owing to their Debitors by vertue of Heritable Bonds Contracts and other Writs bearing paiment of Annualrents which in respect of the Obliegment for Annualrent were not in former times Arrestable Therefore the Kings Majesty with advice and consent of His Estates of Parliament Finds and Declares that all Sums of money which are addebted by Bonds Contracts and other personal Obliegments whereupon no Infeftments have followed are and shall be Arrestable at the instance of any Creditor not-withstanding that the Bonds Contracts and other Obliegements bear paiment of Annualrents And the Kings Majesty with advice and consent foresaid Declares that this shall no wayes change the nature of the saids Sums nor prejudge the Heir nor any other person their rights to the same as being Heritable which are hereby Declared to remain in their own nature unchanged by this Act pro ut de jure except that only the same are Arrestable And it is hereby expresly provided that all Arrestments and Executions thereof since the twenty ninth day of July one thousand six hundred an fourty four years used conform to the tenor of this Act shall be as valid and sufficient as if this present Act had been of the said date But prejudice alwayes to the Creditors to Comprise the saids Heritable Sums if they shall choose rather to Comprise then to Arrest LII Act concerning the disposal of Vacant Stipends FOrasmuch as by divers Acts it is found that Stipends and Benefices of Vacant Kirks or which thereafter should vaik by Decease Deposition Suspension Transportation of Ministers Dis-union of Kirks or any other way should during the vacancy thereof be imployed on pious uses and the Kings Majesty considering that during these troubles many Learned and Religious persons in the Ministry and Universities for their expressions of duty and loyalty to His Majesty or not concurring in the confusions of the time have been Deposed or Suspended from their Charge and Ministry and have been otherwayes put under great sufferings and they and their Families redacted to extream misery and want And conceiving it to be an Act of great Piety and Justice to have regard to the sufferings of those honest and faithfull Ministers and others and in some measure to provide for them and repair their losses Therefore His Majesty with advice of His Estates of Parliament Ordains all Stipends or Benefices of Kirks that are vacant and not already disposed of or which shall vaik by Decease Deposition Suspension Transportation or any otherwayes to be imployed for the supply and maintenance and towards the reparation of the sufferings and losses of the persons aforesaids and of the Wives and Bairnes of such of them as are dead and that in such manner and wayes as after tryal of their merits and sufferings and the causes and grounds thereof shall be thought fit by the Lords of His Majesties Privy-Council to whom His Majesty with advice and consent foresaid commits the care of this business And doth hereby impower and require them to use all diligence that the Favour and Justice hereby intended by His Majesty to these suffering Persons and their Families may be made effectual and that notwithstanding of any thing contained in any of the saids Acts to the contrair It is alwayes provided that this Act is without prejudice of any Benefit which by the Law and Custom of this Kingdom falls to the Relict Bairns or Executors of a Minister after his decease and that this Act is to endure for the space of seven years and longer as His Majesty shall think fit LIII Act ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property c. OUr Soveraign Lord with advice and consent of the Estates of this present Parliament Ratifies and Approves and for His Highnesse and His Successors perpetually Confirmes the tenth Act of the first Parliament of His Majesties Royal Father of blessed memory King Charles the first holden at Edinburgh in Anno one thousand six hundred and thirty three Intituled An Act anent the Annexation of His Majesties Property in the whole Heads and Clauses thereof especially that Clause of the same whereby His Majesty and the Estates of Parliament then conveened did Declare the right and title of Superiority of all and sundry Lands Barronies Milnes Woods Fishings Towers Fortalices Mannor-places and pertinents thereof pertaining to whatsoever Abbacies Priories Prioresses Preceptories and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of Erected in temporal Lordships Barronies or Livings before or after the general Act of Annexation of Kirk-lands made in the month of July one thousand five hundred eighty and seven together with the whole Few-mails Few-fermes and other Rents and Duties of the saids Superiorities to be annexed and to remain with the Crown for ever upon the reservation of the Lords and Titulars of Erection therein specified Likeas thereby His Majesty and Estates foresaid Found and Declared that all Titulars of Erection without exception should hold their property and proper Lands of the Kings Majesty and His Successors in Few-ferm for paiment of the Few-ferm-duties contained in the Infeftments granted to them before the said Act of Annexation and no otherwayes And that all Rights and Deeds made and granted to whatsoever person or persons preceeding the date of the foresaid Act which might prejudge His Majesty and His Successors in the peaceable injoying of the said Superiorities and Few-ferm-duties should be null and of no avail by way of action exception or reply And further His Majesty with advice and consent foresaids of new Declares the foresaid Superiorities of all and whatsoever Kirk-lands Milnes Woods Fishings and whole pertinents of the same pertaining of before to whatsoever Chapters Priors Prioresses Preceptors and whatsoever other Benefices of whatsoever other Estates Degree Title or Designation they be of whereof the Presentation belonged to His Majesty and His Highnesse Predecessors erected in temporal Lordships Barronies and Livings to pertain to His Majesty and His Highnesse Crown therewith to remain in all time coming And also Declares all and whatsoever Grants Rights or Infeftments of
pretexts made for the same did meet and conveen without any lawfull Warrand or Authority And therefore the Kings MAjESTY with advice and consent of His Estates of Parliament doth Declare the same with all that was done therein void and null and Rescinds and Annuls all Acts or Deeds whatsomever ratifying and approving the same VII Act concerning the League and Covenant and discharging the renewing thereof without His MAjESTIES warrand and approbation FOrasmuch as the power of Armes and entering into and making of Leagues and Bonds is an undoubted priviledge of the Crown and a proper part of the Royal Prerogative of the Kings of this Kingdom and that in recognisance of His MAjESTIES just Right the Estates of Parliament of this His most ancient Kingdom of Scotland have Declared it high Treason to the Subjects thereof of whatsoever number less or more upon any pretext whatsoever to rise or continue in Armes or to enter into Leagues and Bonds with Forraigners or among themselves without His MAjESTIES special Warrand and Approbation had and obtained thereto and have Rescinded and Annulled all Acts of Parliament Conventions of Estates or other Deeds whatsoever contrary to or inconsistent with the same And whereas during these troubles there have occurred diverse things in the making and pursuance of Leagues and Bonds which may be occasion of jealousie in and betwixt His MAjESTIES Dominions of Scotland England and Ireland Therefore and for preventing of all scruples mistakes or jealousies that may hereafter arise upon these grounds The King's MAjESTY with advice and consent of His Estates of Parliament Doth hereby Declare That there is no Obligation upon this Kingdom by Covenant Treaties or otherwise to endeavour by Armes a Reformation of Religion in the Kingdom of England or to meddle with the publick Government and Administration of that Kingdom And the King's MAjESTY with advice and consent foresaid doth Declare That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereto are not obligatory nor do infer any obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches of England and Ireland or in what may concern the Administration of His MAjESTIES Government there And further His MAjESTY with advice and consent of His Estates doth hereby Discharge and Inhibite all His MAjESTIES Subjects within this Kingdom that none of them presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom without His MAjESTIES special Warrand and Approbation And that none of His MAjESTIES Subjects offer to renew and swear the same without His MAjESTIES Warrand as said is as they will be answerable at their highest peril VIII Act against Papists Priests and Jesuits OUr Soveraign Lord considering that the publick contempt of and disobedience to lawful Authority though covered with the most specious pretexts is alwayes accompanied with great confusions and provocations to the dishonour of GOD and ruine of the People And that thereby occasion is offered to wicked and ill affected persons of all sorts upon one pretence or other to subvert Religion and pervert the Duty and Allegiance of the Subjects Whereof there be too sad evidence by the increase of Popery and the number of Jesuits Priests and Papists which have of late and do now abound in this Kingdom in far greater numbers then ever they did under the Government of His MAjESTIES Royal Father and Grand-Father of blessed memory And His MAjESTY being desirous to trace these His Royal Ancestors in a due and vigorous prosecution of these many excellent Laws made by them against the Saying of Mess and the stay and resset of Jesuits Seminary and Mess Priests and Trafficking Papists within this Kingdom Doth therefore with advice and consent of His Estates of Parliament command and charge all and sundry Jesuits Priests and Trafficking Papists that none of them presume hereafter to Say Mess within this Kingdom And that within a moneth after the publication hereof they remove forth of the Kingdom under the pain of death And sicklike His MAjESTY with advice and consent foresaid doth command charge and inhibite all His MAjESTIES Subjects of what quality or degree soever that none of them presume to hear Mess resset supply entertain furnish meat or drink nor keep intelligence nor correspondence with any Priests Jesuits or Trafficking Papists under the pains contained in the Laws and Acts of Parliament made in that behalf And to the end that this Act may receive the more exact obedience and prosecution His MAjESTY with advice and consent foresaid doth hereby command all Sheriffs of Shires and their Deputes all Magistrates of Burghs and other publick Ministers of the Laws to make exact enquiry and search in their several bounds and jurisdictions and to apprehend all such Jesuits Priests and Trafficking Papists as they shall finde within the same after the last day of March next to come and to commit them to the next sure Prison there to remain till they receive due punishment according to the Laws And also that with all possible diligence they send in to the Parliament or in case of their not Sitting to His MAjESTIES Privy-Council the List of such persons within their bounds as are known or suspected to be Papists that course may be taken with them conform to the Laws of the Kingdom And hereof the Sheriffs and Magistrates and their Deputes are to take special notice as they will be answerable at their highest peril Likeas His MAjESTY considering how dangerous it is that Children be educat by persons popishly affected do therefore conform to former Acts of Parliament appoint that children under popish Parents Tutors or Curators shall be taken from them and committed to the education of some well affected and religious friend at the sight and by order of His MAjESTIES Privy-Council And Ordains publication hereof to be made at the Mercat Cross of Edinburgh and other places needfull IX Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter FOrasmuch as in the year one thousand six hundred fourty and eight the Estates of Parliament of this Kingdom and His MAjESTIES good Subjects therein from the sense of their duty to Almighty GOD and the King's MAjESTY did chearfully undertake and concur in an Engagement for relief of His late MAJESTY of glorious memory from His imprisonment and for His restitution to the Royal Government of His Kingdoms And the Estates of Parliament now conveened by His MAjESTIES special Authority taking that Engagement to their consideration do find it to have been an Honourable Just Necessary and Seasonable Discharge of that indispensible Duty whereunto this Kingdom and the Subjects thereof are by the Law of God by the Law of Nature and
Nations by the municipal Laws of the Land by their Alleagiance and by all the strictest bonds of Conscience and Honour oblieged to the most Sacred Person and Royall Authority of their King's MAjESTY And therefore Our Soveraign Lord with advice and consent of His Estates of Parliament doth Ratifie and Approve that Engagement for His MAjESTIES relief and restitution to His Royal Government And doth Declare that as it was a most noble and pious Testimony of the Loyalty of His MAjESTIES good Subjects of His ancient Kingdom and of their affection and zeal to His MAjESTIES Person and Government So His MAjESTY for Himself and His Successors doth assure that They will alwayes retain a gratefull resentment thereof And have appointed these presents to remain upon Record for the due honour of these persons who did engage therein and of their posterity for ever And whereas the necessity and justice of this undertaking with the interest this Kingdom had in His Majesties Person by the honour of His Royal Birth and by these many and singular Acts of Grace He had lately conferred upon it might justly have claimed a ready concurrence of all the Subjects Yet there wanted not some and even such whom not long before His Majesty had oblieged by marks of His Royal Favour both of honour and profit who made it their work to disappoint and oppose the same And for that end having gathered some mutinous Commons and others who by a few seditious Ministers had been preached into an open Rebellion they in the moneth of September one thousand six hundered fourty and eight years without any lawfull Authority and not giving the Oath mentioned in the Commission of Parliament without which it was expresly provided they were not to have accesse to nor place in the Committee did usurpe to themselves the name and power of a Committee of Estates and having by their own Edicts declared all such persons as had given testimony of their duty and loyalty to the King to be uncapable of being Members of Parliament or of having voice in the Elections to the Parliaments They then without any lawfull Authority called a Packt meeting of Parliament to consist onely of persons of their own stamp and faction who accordingly met in January one thousand six hundred fourty and nine years and assuming to themselves the Soveraign Authority and Government of the Kingdom intended to establish and fix the power in their own persons for ever For which purpose having publickly declared against that necessary and just Engagement for His Majesties relief and restitution to His Royal Government Having approven all the oppositions and risings in Armes against the same and by Oath solemnly engaged themselves to a constant adherence thereunto Having for their assistance called in the Usurper Cromwel and a part of his Army Having by publick engagement given up the Honour and Safety of this ancient Kingdom to the English and declared that His Majesty should be oblieged to Ratifie that unworthy Act before any Treaty were with Him for His relief Having given order to their Commissioners to Protest against any agreement betwixt His Majesty and His Subjects in England in the Treaty at the Isle of Wight Having so far as in them lay weakned and dissolved the common Alleagiance of the Subjects to the King's Majesty by proclaiming His Right to the Crown with base restrictions and limitations and pressing the Subjects against their consciences to subscribe the same Having disowned His Majesties interest in the Quarrel betwixt them and the English who had invaded this Kingdom meerly to destroy His Majesties Interest in it Having taken the lives of some and forced others of His Majesties good Subjects of best quality to flie to Forraign parts for their safety Having fined confined imprisoned and seized upon the livelyhood of many Having put disgracefull characters and incapacities upon all who had witnessed any affection to His Majesties Government Having unjustly pronounced and with cruelty executed Sentences of Forfeiture against the lives and fortunes of such as from conscience of their duties did oppose them Having in their publick Meetings appointed that the innocent wives and children of these who offered to vindicate His Majesties Authority should be seized on and transported to Forraign Countries Having once and again sollicite their Brethren in England that such of this Kingdom as for ventering their lives for the King were then prisoners in England should be still kept prisoners as Pledges of the Peace Having thrust out of the Offices of State places of Judicatory and publick Trust all such as were willing to engage for His Majesties relief and restitution to His Government and put such in their places as did oppose the same Having laid on and raised great exactions and sums of money from the people and employed them for their own uses Having seized on His Majesties Revenews and bestowed them upon themselves and such others as were in open Opposition and Armes against Him Having also seized upon the Properties and due Rights of the Subjects and the Patronages by Law secured unto them And having by these and many such like Acts endeavoured to perpetuate themselves in their usurped Power they prorogated the Meetings of their pretended Parliaments from time to time substituting some of their Trustees for carrying on of their designs in the while And the Estates of Parliament having taken these proceedings unto their serious consideration Do find that there was no Law nor lawfull Authority for the Meetings of these pretended Parliaments and Committees of Estates But that the persons meeting therein did without any lawfull warrand and in contempt of His Majesties Authority usurpe the power to themselves And therefore the King's Majesty with advice and consent of His Estates of Parliament doth Rescind and Annull these pretended Meetings of Parliament and Committees above mentioned and all other Meetings of any pretended Parliaments or Committees flowing from the same and all Acts Deeds and Treaties done by them or their warrand Execepting alwayes all such Acts as were past in any Meeting of Parliament or Committee of Estates authorized by His Majesties presence and are not inconsistent with this present Act. And also Declares any Ratification which thereafter was past of those Meetings and Acts to have been void from the beginning Except in so far as is exprest in the Indempnity Declarations and Provisions after mentioned Yet notwithstanding of all these provocations the King's Majesty from His innate goodness being more desirous to reclaim His Subjects to their duty by Acts of Mercy then to reduce them by their too much deserved Censure Doth of His meer favour and grace with advice and consent foresaid Indempnifie all such persons who sat and acted in these pretended Parliaments and Committees or who acted in order thereunto or by vertue of and in obedience to the same To be in all time coming unquestioned in their lives and fortunes for these their actings Excepting such as shall be excepted
in a generall Act of Indempnity to be past by His Majesty in this Parliament And forasmuch as the Ordinar Courts of Justice did sit and act by Warrand of these Meetings the Kings MAjESTY for the good and ease of the people doth with advice foresaid Declare That none of the Acts Decreets or Sentences given by these who sat as Lords of Session or as inferiour Judges within this Kingdom these years nor no Execution following thereupon are for want of lawfull Authority to be questioned Whereanent His MAjESTY with advice foresaid by these presents dispenses And also His MAjESTY considering that by a pretended Act and Commission from the said pretended Meetings or Parliaments Augmentations were granted to Ministers Kirks were divided new Kirks were erected and Lands from one Paroch to another dis-joyned and annexed and divers other particulars decerned in relation to the Plantation of Kirks which Commissions one or more though they had no lawfull Authority but in themselves were and are null Yet His MAjESTY being desirous to give all due encouragements to the Ministers of the Gospel doth with advice and consent foresaid Declare That all Acts Decreets and Sentences pronounced and given forth by the saids Commissioners and all Executions thereupon are and shall stand valid in time coming except such as upon the complaint of any party shall be found to have been unjustly or exorbitantly pronounced and decerned The determination whereof is hereby referred by His MAjESTY with advice and consent foresaid to the Commission for Plantation of Kirks to be established by His Majesty in this present Parliament that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of what was done by vertue of the saids Commissions in the years one thousand six hundred and fourty nine and one thousand six hundred and fifty as they shall think just conform to the standing Laws and Acts of Parliament preceeding the year one thousand six hundred and fourty nine and Ordains process upon supplication to be summarly granted parties alwayes being cited and that without any reduction As also with power to the saids Commissioners to be appointed upon the dependence of the saids complaints and process to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter may be determined by them And forasmuch as by a pretended Commission for the Exchequer divers Infeftments Gifts and others were past in the foresaids years one thousand six hundred and fourty nine and one thousand six hundred and fifty His Majesty with advice foresaid Declares That all such Gifts Infeftments and others are and shall be valid excepting alwayes new Gifts and Dispositions of Lands and others granted and past to His Highness prejudice and such other Gifts as upon the complaints of parties shall by His Majesties Treasurer and Commissioners of Exchequer be found to have been unjustly granted or past in prejudice of prior Gifts under His Majesties Hand though not past in Exchequer And whereas by a pretended Act of the foresaid pretended Parliament entituled Act abolishing the Patronages of Kirks all Patronages and Presentations of Kirks whether belonging to the King or any Laick Patron Presbyteries or others were discharged and all Acts Gifts and Rights granted thereanent Rescinded And yet neverthelesse it was thereby declared That the taking away of the Patronages should not prejudge the Patrons Rights to the Teinds nor weaken his Infeftment wherein the same is contained And that the Teithes of the Kirks whereof the Presentations were abolished should belong hereritably to the Patrons and be inserted in their Rights and Infeftments in place of their Patronage with power to the Patrone to dispone upon the saids Teinds in manner and with the exception contained in the said Act. And notwithstanding that the foresaid Act and whole Parliament be declared null yet nevertheless His Majesty with advice foresaid doth by these presents Declare That it shall be lawfull to Laick Patrons or Heretors to agree with the beneficed persons for Tacks or Rights of Teinds belonging to the said beneficed person according to the Laws of the Kingdom with this provision that the saids Tacks shall be no wayes prejudicial to the Stipend and Maintenance of the Ministers and persons to be presented according as the same hath been already modified or shall be modified in time coming and that notwithstanding of any Acts or Statutes made in the contrair All which Acts His Majesty with consent foresaid by these presents Discharges And in like manner His Majesty with advice foresaid Declares That as to such persons who are presently in possession of Kirks pertaining to the saids Laick Patronages the saids persons and Ministers shall during their service claime no right nor possession to the Teinds of their saids Kirks and Parochins other then they had formerly before the making of this Act they having alwayes a sufficient maintenance allowed and granted to them according to the Laws of the Kingdom X. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646. and 1647. THe Estates of Parliament considering the many sad and dangerous consequences that do accompany the neglect and contempt of lawfull Authority and that among the other Judgements wherewith it pleaseth Almighty GOD to visit such who resist the Powers and oppose the Commands of those intrusted by Him as His Vicegerents for the Government of His People they are ofttimes left to their own counsels to do that which highly provokes GOD to wrath renders themselves justly odious to the world and hatefull to their posterity Whereof there is too doolfull an experiment in an Act of the printed Records of Parliament of the sixteenth of January one thousand six hundred and fourty seven entituled Declaration of the Kingdom of Scotland concerning the Kings Majesties Person Which being now taken into consideration The Estates of Parliament do find and Declare That it was carried on and concluded by a prevalent party against the judgement of many of His Majesties Loyal Subjects And that it is a most sinfull disloyal and unworthy Act contrary to the will and commandment of GOD contary to all Laws Divine and Humane contary to the Duty and Alleagiance of Subjects contrary to all the rules of Justice Honour Gratitude and Humanity and highly reflecting on the honour of this ancient Kingdom and the reputation of His Majesties good Subjects therein And therefore the Kings Majesty with advice and consent of His Estates of Parliament doth hereby Annull and Condemn the same for ever And Ordains it to be expunged out of all Records and never to be remembred again but with due abhorrence and detestation And the Estates of Parliament conceiving themselves obliged in conscience to make the truth of this business and the manner of the carrying of it known to the World for the just vindication of this Kingdom and His Majesties dutifull and loyal Subjects
who is to administer an Oath De fideli administratione to the remanent Commissioners at their first meeting and take the same himself and to appoint their own Collectors and other Officers except the Clerk who is to be named by the Clerk of Register and to modifie necessar Fees for the saids Collectors Clerks and other Officers and to sub-divide themselves for the more speedy and equal ordering of the said Excise With power also to them to establish Offices of Excise at which Offices the whole Brewers are hereby required to make their Entries at least once every moneth of their weekly brewing and by Miller Maltman Oath of party Witnesses or any other lawfull manner of way to disprove the Entries given in and to impose Fines upon the persons whose Entries shall be so disproven not exceeding the double of the value of the Malt conceal'd and to discern and determine in all cases and debates relating to the said Excise within their respective divisions and for that effect to use all lawfull manner of probation as said is And ordains generall Letters to be direct gratis upon the saids Commissioners their Decreets at the instance of the respective Collectors or otherwayes with power to the saids Commissioners to poynd and distreinÈie upon their own Decreets quarter upon the Deficients or imprison their persons till payment be made of the sums due by them as well principal as expences and which expences the saids Commissioners are hereby impowred to modifie And it is hereby Declared That there shall be no necessity to apprize the Goods of the Deficients at the Mercat Cross but that it shall be lawfull to apprize the same at the nearest Paroch Church And sicklike it is hereby Statute and Ordained That the Commissioners of the respective Shires and Burghs shall be and are oblieged to pay in their respective proportions of the said Shires and Burghs to such as are or shall be appointed by His Majesty to receive the same at four terms in the year viz. Whitsunday Lambmesse Mertimesse and Candlemesse by equall proportions beginning the first terms payment at Lambmess next for the three moneths of May June and July immediatly preceeding the same And which Commissioners are by these presents impowered to put in execution the whole forementioned Orders and Instructions for raising and inbringing of the said Excise for their relief As also the Kings Majesty with advice and consent of His Estates of Parliament gives power to the Lords of His Majesties Privy Council to nominate and appoint Commissioners of Excise in the respective Shires and Burghs upon the death or inability of any of the Commissioners above-named XV. Act Rescinding and Annulling the pretended Parliaments in the year 1640 1641 c. THe Estates of Parliament considering that the Peace and Happiness of this Kingdom and of His Majesties good Subjects therein doth depend upon the Safety of His Majesties Person and the Maintenance of His Royal Authority Power and Greatness And that all the miseries confusions and disorders which this Kingdom hath groaned under these twenty three years have issued from and been the necessary and natural products of these neglects contempts and invasions which in and from the beginning of these troubles were upon the specious but false pretexts of Reformation the common cloak of all Rebellions offered unto the Sacred Person and Royal Authority of the Kings Majesty and His Royal Father of blessed memory And notwithstanding that by the sacred Right inherent to the Imperial Crown which His Majesty holds immediately from GOD Almighty alone and by the ancient constitution and fundamental Laws of the Kingdom the power of convocating and keeping Assemblies of the Subjects the power of Calling Holding Proroguing and Dissolving of Parliaments and making of Laws the power of entering into Bonds Covenants Leagues and Treaties the power of raising Armes keeping of Strengths and Forts are Essential parts and Inseparable priviledges of the Royal Authority and Prerogative of the Kings of this Kingdom Yet such hath been the madness and delusion of these times that even Religion it self which holds the Right of Kings to be Sacred and Inviolable hath been pretended unto for warrand of all these injurious Violations and Incroachments so publickly done and owned upon and against His Majesties just Power Authority and Government By making and keeping of unlawfull Meetings and Convocations of the people By entering into Covenants Treaties and Leagues By seizing upon and possessing themselves of His Majesties Castles Forts and Strengths of the Kingdom and by Holding of pretended Parliaments making of Laws and raising of Armes for the maintaining of the same And that not only without warrand but contrary to His Majesties express Commands And although the late Kings Majesty out of His meer grace and respects to this His native Kingdom and the peace and quiet of His people and for preventing the consequences which such a bad example and practice might occasion to the disturbance of the peace of His other Kingdoms was pleased in the year one thousand six hundred and fourty one to come into this Country and by His own presence at their pretended Parliaments and otherwayes to comply with and give way to many things neerly concerning the undoubted Interest and Prerogative of the Crown expecting that such unparallel'd Condiscentions should have made His Subjects ashamed of their former miscariages and the very thoughts thereof to be hatefull to them and their posterity for ever Yet such was the prevalency of the spirit of Rebellion that raged in many for the time that not content of that peace and happiness which even above their desires was secured to them nor of those many Grants of honour and profit by which His Majesty endeavoured to endear the most desperate of them to their duty and obedience they then when His Majesty had not left unto them any pretence or shadow of any new desire to be proposed either concerning themselves or the Kingdom did most unworthily engage to subvert His Majesties Government and the publick peace of the Kingdom of England For which purpose having joyned in a League with some there they for the better prosecution of the same did assume unto themselves the Royal Power kept and held Parliaments at their pleasure by the pretended Authority of which they laid new exactions upon the people which in one moneth did far exceed what ever by the Kings Authority had been raised in a whole year levied Armes sent out Edicts requiring obedience unto their unlawfull demands and with all manner of violence pursued such as out of duty to His Majesties Authority opposed them by fines confinements imprisonment banishment death and forfeiture of their posterity and with their Army thus raised invaded His Majesties Kingdom of England and joyned with such as were in Armes against His Majesty there And thus maintaining their usurped power and violently executing the same against all Law Conscience Honour and Humanity have made themselves instruments of much
and what else was dear unto any of His Majesties good Subjects to the Cruel and Ambitious Lusts of some usurping Rulers Hath not Religion and Loyalty been the only objects of their Rapine and Cruelty And hath not their new and arbitrary Exactions and Burdens upon the People exceeded in one moneth what ever had been formerly in many years paid to any of the Kings of this Kingdom And when the best of men and the most Excellent of the Kings of the earth had in an unusual way of confidence rendred His Person to the Trust and Loyalty of His Native Subjects was not the security of Religion pretended unto by some who then governed in Church and State for the ground of that base and never enough to be abhorred transaction in leaving such a Prince their Native and Dread Soveraign to the will of these who were in open Rebellion and for the time had their swords in their hands against Him And that when by these and many such like undutifull carriages the Kings Majesty was removed from His Kingdoms the foundations of this ancient and well constitute Government was overturned the Liberties and Property of the people inverted And this Kingdom exposed to be Captives and Slaves to Strangers and nothing left unto them but the sad meditation of their increasing miseries and the bitter remembrance of their by-past disloyalties Yet even then it pleased Almighty GOD to compassionat their low condition and by the power of His own Right-hand most miraculously to restore the Kings most Sacred Majesty to the Royal Government of His Kingdoms And thereby to redeem this Kingdom from its former Slavery and Bondage and to restore it to its ancient and just Priviledges and Freedom And the Kings Majesty acknowledging with all humility and thankfulness the Goodness Wisdom and Power of GOD in this Signal Act of His mercy to Him and His people Doth with advice and consent of His Estates of Parliament Statute and Ordain That in all time coming there be a Solemn yearly Commemoration of the same And for that end the twenty ninth day of May which day GOD Almighty hath specially honoured and rendred auspicious to this Kingdom both by His Majesties Royal Birth and by His blessed Restauration to His Government be for ever set a part as a Holy day unto the LORD and that in all the Churches of the Kingdom it be imploied in publick Prayers Preaching Thanksgiving and Praises to GOD for so transcendent Mercies And that all Trade Merchandize Work Handy-labour and other ordinary imploiments be forborn and the remaining part of the day spent in such lawfull divertisements as are suteable to so Solemn an occasion And it is hereby recommended to all Ministers of the Gospel and to all Sheriffs Justices of Peace and other publick Ministers in the several Counties and to all Magistrates within Burghs to be carefull that for this present year and in all time coming the twenty ninth day of May be accordingly kept and observed within their several Jurisdictions And for the speedier and more full intimation hereof to all His Majesties Subjects It is Appointed thir Presents be printed and published at all the Mercat Crosses of the Royal Burroughs XVIII Act for the due Observation of the Sabbath-day THe Kings Majesty considering how much it concerns the honour of GOD that the Sabbath-day be duly observed and all abuses thereof restrained And that notwithstanding of several Acts of Parliament made in that behalf particularly the third Act of the sixth Parliament of King James the sixth of blessed memory the said day hath been much prophaned by Salmond-fishing going of Salt-pans Milnes and Killes hiring of Shearers and using of Merchandize on that day and otherwayes Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves all former Acts of Parliament made for observation of the Sabbath-day and against the breakers thereof And by these presents Inhibits and Discharges all Salmond-fishing going of Salt-pans Milnes or Killes all hiring of Sheaters carrying of Loads keeping of Mercats or using any sorts of Merchandize on the said day and all other prophanation thereof whatsoever under the pains and penalties following viz. The sum of twenty pounds Scots for the going of ilk Salt-pan Miln or Kill on the said day to be paid by the Heritors and Postessors thereof and the sum of ten pounds for ilk Shearer and Fisher of Salmond on the said day the one halt thereof to be paid by the Hirers and Conducers and the other half by the persons hired and the said sum of ten pounds for every other prophanation of the said Day And which Fines and Penalties are to be uplifted and disposed of in manner contained in the Act and Instructions anent the Justices of Peace and if the party Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XIX Act against Swearing and Excessive Drinking OUr Soveraign Lord being desirous that all His Subjects within this Kingdom may live a quiet and peaceable life under His Government in all godlinesse and honesty and in order thereto having resolved to curb and suppresse all sort of sin and wickednesse and especially these abominable and so much abounding sins of Drunkennesse and all manner of Cursing and Swearing Therefore our said Soveraign Lord Ratifies and Approves all Acts of Parliament made in former times against the said crimes or either of them And further Declares That each person who shall Blaspheme Swear or Curse and whosoever shall Drink into excess shall be lyable in the pains following according to the quality of the offenders viz. Each Nobleman in twenty pounds Scots each Barron in twenty Merks each Gentleman Heritor or Burgess in ten merks each Yeoman in fourty shillings each Servant in twenty shillings toties quoties each Minister in the fifth part of his years Stipend and that the saids Fines and Penalties be uplifted and disposed upon in manner contained in the Act and Instructions anent the Justices of Peace And if the partie Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XX. Act against Cursing and Beating of Parents OUr Soveraign Lord and Estates of Parliament considering how great and atrocious a crime it is for Children to beat or curse their Parents And how the Law of GOD hath pronounced just sentence of death against such as shall either of these wayes injure either of their Parents Therefore His Majesty with advice of His said Estates Doth hereby Statute and Ordain That whosoever Son or Daughter above the age of sixteen years not being distracted shall Beat or Curse either their Father or Mother shall be put to Death without mercy and such as are within the age of sixteen years and past the age of pupillarity to be punished at the arbitrement of the Judge according to
them of the prices of the saids Few-fermes and Duties modified by the Lords and others of the Commission for Surrenders and Teinds And sicklike the Fewers and Vassals of the saids Kirk-lands and Erections are oblieged by their new Infeftments under the great Seal to pay the saids Few-fermes and Duties to the Kings Majesty and His Successors and so against reason may appear to be lyable to double payment thereof It is therefore Statute and Ordained by His Majesty with consent foresaid That the saids Fewers and Vassals of Kirk-lands and Erections their Heirs and Successors shall be oblieged to make thankfull payment of the saids Few-fermes and Duties contained in their Infeftments and whereof the said Superiors and Titulars have been in possession preceeding that Surrender foresaid to the saids Superiors and Titulars their Heirs and Successors ay and while they get paiment of the prices modified by the saids Lords and others of the Commission foresaid according to the Act of Parliament one thousand six hundred and thirty three years And that Letters of Horning and Poynding shall be granted to that effect without prejudice alwayes to His Majesty and His Successors of the superiority of the saids Fewars and Vassals surrendred in manner foresaid and without prejudice to them of their Infeftments taken to be holden of His Majesty and His Successors Likeas it is Declared That the saids Fewers and Vassals of Kirk-lands and Erections have been in bona fide in paiment of the saids Few-fermes and Duties to the said Superiors and Titulars of all times bygone according to the provisions contained in the said general Surrender It is alwayes provided that this Act shall not be prejudicial to an Act past by this Parliament in favours of the Earl of Lauderdail of the Lordship of Musleburgh of the date the ninth day of April last XXXI Act concerning the Registration of Comprisings OUr Soveraign Lord with consent of the Estates of Parliament considering that the Registration of Comprisings was only established by an Act of Secret Council and never authorized by any Law or Act of Parliament and that the Registration thereof did put the Lieges to unnecessar charges neither adding to the validity of the Comprisings nor to the benefit of the Comprisers Hath therefore discharged and by these presents discharges all Registration of Comprisings with all Gifts Acts of Council and other Warrands and Custome whatsomever granted and observed at any time heretofore thereanent and by their presents Ratifies and Approves the Custome observed these many years past whereby in place of the said Registration a short Record of all Comprisings of Lands Teinds and others and of the Comprisers names and designations the Defenders names the Debts for which the Comprising is deduced the Messengers and Clerks names the date of the Executions the Witnesses names thereto and of the Superiors of whom the comprised Lands are holden hath been made in a Book by the Clerk of Register and his Deputs at the allowing of the saids Comprisings for which Allowance and Recording there is only fourty shillings Scots to be paid and which Custome is very usefull and necessar for information of the Lieges And therefore His Majesty with advice and consent foresaid Ratifies and Approves the foresaid Custome and Ordains all Comprisings formerly deduced and not allowed and recorded in manner above-written to be brought in to the Clerk of Register and his Deputs within threescore dayes after the publication hereof and all Comprisings to be led and deduced hereafter to be brought in to the said Clerk of Register and his Deputs within threescore dayes after the date thereof With certification that if they be not allowed and recorded within the said space any other Comprising though posterior in date yet if it be allowed and recorded before the prior Comprising the same shall have preference according to the date of the Allowance and Record but prejudice alwayes to any further diligence by Infeftments or charges against the Superior according to the priority or posteriority thereof pro ut de jure XXXII Act concerning Heritable and Moveable Bonds OUr Soveraign Lord with advice and consent of His Estates of Parliament for many just and reasonable causes moving Him Statutes and Ordains That all Contracts and Obligations for Sums of money payable to Parties at any time made and dated since the sixteenth day of November one thousand six hundred and fourty one or to be made in time coming containing clauses for paiment of Annualrent and Profit are and shall be holden and interpret to be Moveable Bonds except in these cases following viz. That they bear an expresse obliegment to infeft or that they be conceived in favours of Heirs and Assignes secluding Executors in either of which cases Ordains the Sums to be Heritable and to pertain to the Heir otherwayes to be confirmed by the Executor and to appertain to the nearest of Kin and to the Defuncts Executors and Legators according to the Law and practict of Moveables Declaring alwayes that all such Bonds quoad fiscum shall remain in the same condition as they were before the said sixteenth of November one thousand six hundred and fourty one not to fall under the compasse of single Escheat nor shall any part thereof pertain to the Relict jure relictae where the Bonds are made to the Husband nor to the Husband jure mariti where the Bonds are made to the Wife unless the Relict or Husband have otherwayes right and interest thereto Declaring neverthelesse that this provision shall no wayes prejudge Wife nor Husband and their Executors of their respective Titles and Interests to the by-gone Annualrents of the saids Bands resting before either of their deaths XXXIII Act for the right Packing of Salmond OUr Soveraign Lord and Estates of Parliament understanding that the Salmond-fishings are one of the principal benefits whereby Trade is maintained and Money brought into the Kingdom And that through the evil ordering thereof both in the insufficiency of the Barrels and also in the disloyal packing of the same not only is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should return thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ratifies and Approves all and sundry Acts of Parliament Laws and Constitutions of this Realm made anent Salmond-fishing and the sufficiency of the Barrels and loyal packing thereof with this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappel for which they shall be answerable without Worm-holes and White-wood and of sufficient tightnesse for containing the pickle and sufficient tightnesse for enduring all kinde of stresse in the handling and that the Barrels contain no lesse then ten gallons of the Stirling pint conform to an Act of His Majesties Council of the date at Halyrood-house the fifteenth day of July one thousand six hundred and nineteen years which His Majesty with
consent foresaid Ratifies and Approves in all the Heads Clauses and Articles thereof under the pain of five pounds to be paid by the Couper for each insufficient Barrel and escheat of the said Barrel and that the same be well pinned in the pickle before the packing and thereafter the said Barrels to be well tighted and double-girthed before the transporting thereof to Forraign Natitions And that no Barrel be sooner made and blown but the Coupers Birn be set thereon on the tapone-staff thereof in testimony of the sufficiency of the Tree and that every Couper be answerable and liable in paiment of such losse as happen to be laid on the Fish at the Mercat if it be found to be in the default of the Couper by the insufficiency of the Tree or packing or any other means in the Coupers default and that they keep right gage both in the length of the staves the bilge-girth the widenesse of the head and deepness of the chine the Barrel being made marked and thrice gene in the packing shall be marked with the Marking-iron under a very particular Merchant mark as use is And that no Burgh or any other trading with Salmond shall presume to counterfeit the Mark or Birn of an other trade under the pain of confiscation of the Salmond by and attour the punishment of the Parties counterfeiters at the pleasure of the Judge ordinar the one half of the said pain to pertain to His Majesty and the other half to the Burgh so wronged and ordains the the Magistrates within Burgh to put this Act to execution XXXIV Act against Clandestine and unlawfull Marriages OUr Soveraign Lord and the Estates of this present Parliament considering how necessary it is that no Marriage be celebrate but according to the lawdable order and constitution of this Kirk and by such persons as are by the Authority of this Kirk warranted to celebrate the same And that notwithstanding hereof sundry either out of disaffection to the Religion presently professed in this Kingdom or being desirous to eschew the Censures of this Kirk or to satisfie their promise of Marriage formerly made to others or to decline the concurrence and consent of their Parents or others having interest or out of some other unlawfull pretext do procure themselves to be Married and are Married either in a Clandestine way contrary to the established order of the Kirk or by Jesuits Priests Deposed or Suspended Ministers or any other not authorized by this Kirk Therefore His Majesty with advice of His saids Estates Statutes and Ordains That whatsoever person or persons shall hereafter Marry or procure themselves to be Married in a Clandestine and inorderly way or by Jesuits Priests or any other not authorized by this Kirk that they shall be imprisoned for three moneths and beside their said imprisonment shall pay Each Nobleman one thousand pounds Scots each Barron and landed Gentleman one thousand merks each Gentleman and Burgess five hundred pounds each other person one hundred merks and that they shall remain in prison ay and while they make payment of these respective penalties above-mentioned which are hereby ordained to be applyed to Pious uses within the several Paroches where the saids persons dwels And that the Celebrator of such Marriages be banished the Kingdom never to return therein under the pain of Death Likeas His Majesty with advice foresaid Prohibites and Discharges all men and women having both their ordinar residence within this Kingdom to get Marriage to themselves with others within the Kingdom of England or Ireland without Proclamation of Banns here in Scotland and against the Order and Constitution of this Church or Kingdom under the pains following viz. For each Nobleman so Married one thousand pounds for each landed Gentleman one thousand merks for each Burgesse five hundred pounds and for each other Substantious person five hundred merks for an Yeoman one hundred pounds for each person of inferior quality one hundred merks the one half of the which penalties shall belong to the Kings Majesty the other to the Paroch or Paroches where the Married parties did reside and Ordains His Majesties Advocat and the Procurator for the Kirk to pursue before the civil Judge the Parties Contraveeners of this Act or either part thereof for payment of the penalties respective above-mentioned and in case of the poor condition of any man Married in manner foresaid Ordains him to be punished with Stocks and Irons which pains corporal and pecunial shall no wayes be prejudicial to or derogat from the Order and Censures of the Kirks to be inflicted against the Delinquents XXXV Act concerning the Election and Charges of the Commissioners from Shires to the Parliament THe Kings Majesty considering That divers debates have formerly occurred concerning the persons who ought and should have vote in the election of Commissioners from the several Shires of this Kingdom to Parliament and who are capable to be Commissioners to Parliaments and that it is necessar for the good of His service that the same be cleared for the future Doth therefore with advice and consent of His Estates of Parliament Statute Enact and Declare That beside all Heritors who hold a fourty shillings Land of the Kings Majesty in capite that also all Heritors Liferenters and Wodsetters holding of the King and others who held their Lands formerly of the Bishops or Abbots and now hold of the King and whose yearly Rent doth amount to ten chalders of victual or one thousand pounds all Few Duties being deducted shall be and are capable to vote in the election of Commissioners of Parliaments and to be elected Commissioners to Parliaments excepting alwayes from this Act all Noblemen and their Vassals And it being just that those who shall be chosen and accordingly shall attend His Majesties and the Kingdoms service in Parliaments have allowance for their charges His Majesty doth therefore with advice foresaid Modifie and Appoint five pounds Scots of daily allowance to every Commissioner from any Shire including the first and last dayes of the Parliament together with eight dayes for their coming and as much for their return from the furthest Shires of Caithness and Sutherland and proportionably at nearer distances and that the whole Free-holders Heritors and Liferenters holding of the King and Prince shall according to the proportion of their Lands and Rents lying within the Shire be lyable and oblieged in the payment of the said allowance excepting Noblemen and their Vassals For payment of which all execution of Horning Poynding and Quartering is to passe as for raising of the Excise and that according as the time and dayes of the Parliament shall be attested under the Clerk of Registers hand And because at this time some Commissioners of Shires have been put to extraordinary expences in providing of Footmantles for the riding of the Parliament It is hereby Statute That the Commissioners shall be relieved of the prices thereof to be given in under their hands and that
about the said Trade and belonging to the respective Companies of Fishing from all harm trouble or dammage whatsoever or else to satisfie and refound their loss and dammage which they shall sustain upon their Land but also that they nor none of them presume nor take upon hand to exact or levy any more from the saids Fishers Merchants or their Servants belonging to the saids Companies for Ground-leave but only twelve shillings Scots for every Last and that in full satisfaction of the Saturdayes fishing or any manner of Dues whatsoever And for the greater incouragement of Merchant-fishers Masters of Ships and other Vessels and their Servants to attend the said Trade of Fishing His Majesty by His Soveraign Authority and Prerogative Royal not only by these presents Declares the Ships Boats and other Vessels with their Furniture provided for and in exercise of the said Trade of Fishing no wayes to be Arrestable by any Creditor but that the same and those that shall serve therein shall not be Pressed to any publick service without His Majesties particular Command And that the Fishers Masters and Servants in the saids Vessels and makers of Herring and White-fish during the whole time of the said Fishing and their imployment therein shall be free from all Actions and no wayes conveenable before any Judge or Judicatory whatsoever for any cause or causes Civil which may be intended against them But also by the tenour hereof Declares the saids Fishers Masters and their Servants above-written shall be free of all Captions Arrestments or other Attachments on their persons or against their Materials and Instruments of Fishing during the time and season of Fishing they being actually serving therein allanerly And further that none who shall be upon the Council or any of the Societies of Trade foresaid shall be lyable to Sess Stents or Taxations for what Stock they have entered or shall enter in the saids Companies or Societies respective or for the benefit and profit arising thereby in time coming And it is hereby Declared that it shall be licent to any of the Council or Societies of the said Trade of Fishing respective for the good thereof to dwell and reside in any part or place of this said Kingdom albeit they be Burgesses in any Burgh Royal and not thereby lose their freedom notwithstanding of any Act or Acts in the contrair And in like-manner it is hereby Declared that no person or persons shall have liberty to export Herring or Fish nor use or have the Priviledges Liberties and Immunities above-written but those that shall enter themselves and be free in one or other of the saids Companies and Societies And finally It is hereby Statute and Ordained that those in the several Shires and Burghs of this Kingdom who shall enter in the saids Companies and Societies conform to the tenour of this present Act shall give an account thereof to the Parliament or His Majesties Council of Trade for the time within _____ after the erection thereof that the same may be Recorded ad futuram rei memoriam XL. Act for Erecting of Manufacturies OUr Soveraign Lord considering how many great advantages this Kingdom and the Subjects thereof may have by the Erecting Cherishing and Maintaining of Manufacturies thereby keeping in the Countrey great sums of money daily exported for bringing in such Commodities as may be made at home and bringing in money for such commodities as may be made and wrought within the same and exported to Forraign Nations besides that thereby many Poor people and Idle persons and Vagabonds will be set at work and entertained whereby vertue will be increased and idleset curbed and restrained And that upon this account and for this end several Acts have been past by His Majesties Royal Predecessors in their Parliaments Conventions and Councils and especially the one hundred and thirteenth Act of the seventh Parliament and the two hundred and fifty and two hundred fifty two Acts of the fifteenth Parliament of King James the sixth and Acts of Council in the years one thousand six hundred one thousand six hundred and one one thousand six hundred and twelve one thousand six hundred and fourteen one thousand six hundred and sixteen one thousand six hundred and twenty one thousand six hundred and twenty three and Acts of Convention one thousand six hundred twenty five and one thousand six hundred twenty six years And His Majesty being resolved to prosecute what hath been formerly intended and to give such new incouragements as is necessary for advanceing of Manufacturies Hath therefore thought fit with advice and consent of His Estates of Parliament hereby to grant to all such persons as have or shall undertake to set up any Manufacturies the Priviledges following viz. If any Stranger shall come or be brought into this Kingdom by Natives to set up work and teach his Art in making Cloath Stuffs Stockings Soap or any other kinde of Manufactury he shall enjoy the benefit of the Law and all other Priviledges that a Native doth enjoy with power to erect Manufacturies either in Burgh or Landwart as they shall think fit and there to dwell and exercise their Trade without any stop or trouble And for their further incouragement Declares all Oyl Dying-stuffs Forraign Wool Pot-ashes or any other materials whatsoever usefull for Manufacturies that shall be imported to be free of Custom Excise and other publick Dues and that all Cloath Stuffs Stockings or any other Commodity to be made and exported by them be free of Custom and Excise for nineteen years after January one thousand six hundred and sixty two years And if any Stock shall be imployed for erecting or entertaining of any Manufacturies of any kind the same is to be free of all publick and private Taxes whatsoever Likeas all Customers Collectors Farmerers of Customs or Excise and others are hereby Discharged to demand any Custom Excise or any other Imposition whatsoever for such Materials before mentioned and belonging to Manufacturies as they will be answerable And in regard of the great prejudice to the Kingdom by Exportation of Wool and Skins with Wool upon them and of other Native Commodities and Materials fit for Manufacturies Therefore His Majesty with advice foresaid Doth hereby Discharge all and every person whatsoever Native or Stranger to Export out of this Kingdom any Wool or Skins with Wool upon them or Skins of any kind or any Materials usefull for Manufacturies untill they be made in work or put to the best avail for the good of the Kingdom Certifying such as do in the contrair they shall forfeit such Wool Skins and other Materials or the just value thereof the one half to His Majesty and the other half to the Informer who shall discover apprehend and prosecute the same before His Majesties Exchequer besides that the persons and estates of such Contraveeners shall be lyable to such punishment and fine for the same as His Majesties Exchequer shall appoint And also His Majesty with
advice foresaid Discharges all Regraters and Forestallers of Mercats of Wool and that no Merchant nor person whatsoever buy and keep up Wool to a dearth but that they bring the same to be sold in open Mercats under the pains contained in the Acts of Parliament made against Regraters and Forstallers And in regard there is much deceit by wrapping up of Wool in the Fleece by putting Stones Sand and other insufficient stuff in the same It is hereby Declared that all such Wool shall be confiscat the one half to His Majesties use and the other half to the use of those who shall apprehend discover and pursue the same Likeas His Majesty for the further incouragement of the saids Manufacturies Doth with advice foresaid Discharge all Quarterings or Levying of Souldiers upon Manufacturies or the Masters thereof and that no person whatsoever entise resset or entertain any of the Servants or Apprentices of the Manufacturies without consent of their Master under the pains contained in the Acts of Parliament against Coal-hughers Salters and their Ressetters And for the further improving of the saids Manufacturies His Majesty with consent foresaid Doth hereby Impower the Masters Erectors or Entertainers of Manufacturies to meet by themselves for making of Ordinances for the good and advancement of their Trade for the right ordering of their Servants and for the sufficiency of their Stuffs Cloath and others and choose one of the most expert of their number for visiting of their work that a Mark or Seal may be put upon it distinguishing what is sufficient and what not And because many things may occur hereafter which may be necessary for advancement of Manufacturies Therefore His Majesty with consent foresaid Doth Impower the Lords of His Majesties Privy Council or Exchequer or such as shall be appointed by His Majesty during this present Parliament or thereafter to consider such Overtures as shall be offered for the good of Manufacturies and to make such Orders and grant such further Liberties and Priviledges to them as they shall think just It is alwayes Declared that it shall be free and Lawfull to His Majesties Treasurer and Commissioners of Exchequer as they shall find cause to grant licence for exporting of Wool and Skins any thing in this Act to the contrary notwithstanding XLI Act for Planting and Inclosing of Ground OUr Soveraign Lord considering how many laudable Laws have been made by His Majesties Royal Progenitors for Parking and Inclosing of Ground and Planting of Wood and for preserving of the same and finding the great prejudice hath followed upon the not due observance of so notable and necessar Laws And how expedient fit and necessar it will be for the good of this His Majesties ancient Kingdom especially for Shipping and Building that Timber be Planted and how advantagious it is for the increase of Corns and Cattell and the sowing of Lint and Hemp for Manufacturies that Parking and Inclosings be made Doth therefore with consent and advice of His Estates of Parliament Revive the ninth Act of the fourth Parliament of King James the first of blessed memory Entituled An Act for Planting of Woods Forrests and Orchards and all other Acts made for that effect by His Majesty or any other His Royal Predecessors and Ordains the same to be put to execution in time coming conform to the Tenor thereof in all points with this addition Likeas His Majesty with advice of His saids Estates of Parliament Doth hereby Statute and Ordain that every Heritor Liferenter and Wodsetter according to the qualifications under-written within his said ancient Kingdom of Scotland worth one thousand pounds of yearly valued Rent shall inclose four Aikers of Land yearly at least and Plant the same about with Trees of Oak Elme Ash Plain Sauch or other Timber at three yards distance And that all other Heritors of greater or lesse Rent nor the said sum of one thousand pounds money foresaid do Plant Inclose and Ditch yearly moe or fewer Aikers according to their respective Rents for the space of ten years next ensuing and that of such Lands as the Heritors shall think most fit for Planting and capable for Inclosing to be also Planted Ditched or Inclosed in manner foresaid and that the saids Heritors begin to Plant Ditch and Inclose the said ground at the feast of Michaelmesse next to come and uphold the same in time coming And for the further incouragement of the saids Heritors Wodsetters and Liferenters to go about the ready observance of the said Act liberty and power is granted to them at the sight of the Sheriffs Stewarts Lords of Regalities Barrons and Justices of Peace in their respective bounds to cast about the High wayes to their conveniency providing they do not remove them above two hundred ells upon their whole ground Excepting alwayes herefrom Burrough and incorporate Aikers which are no wayes to be Parked or Inclosed unlesse the Heritors thereof shall think it meet and expedient And where there are Liferenters upon Lands It is hereby Declared that the same shall be done upon the equal charges and expences of the Liferenter and Heritor And in case of Proper Wodsets It is also hereby specially Declared that the same shall be done by the Wodsetter and the charges thereof is and shall be added to the reversion and no wayes redeemable while they make paiment thereof as well as of the sums for which the Lands are Wodset And for the better incouragement of Heritors and for preserving of the said Planting and Inclosures It is Statute and Ordained that whosoever shall cut or break any of the saids Trees not being the Heritors themselves shall pay unto the Heritors or persons wronged twenty pounds for every Tree or if he be not able to pay the said twenty pounds it shall be in the power of the party thereby wronged to make him work six weeks giving him meat and drink allanerly And further it is Ordained that whosoever shall break down the Hedges or Dikes of the saids Parks or Inclosures or be found within the same being a stranger shall be holden and repute a breaker down thereof and pay five pounds for every fault or if he be not able to pay the said five pounds to work ten dayes to the owner of the saids grounds for meat and drink as said is And for the greater incouragement of all persons who shall be vertuously inclined to Ditch Inclose or Plant their ground in manner foresaid His Majesty with consent above specified hath Declared and by their presents Declares such parts and portions of their said ground as shall be so Inclosed and Planted to be free of all manner of Land-stents Taxations or Impositions of whatsoever nature or Quarterings of Horse in the saids Inclosures for the space of nineteen years next after the date hereof and that at the proportioning of the saids burthens the same Inclosures shall be exempted and made free thereof accordingly And also for the better preserving of the saids
the same before the Lords of His Majesties Exchequer And further it is Statute and Ordained by His Majesty with advice and consent foresaid that all Goods or Commodities whatsoever produced or shipped as is above exprest which from and after the said day and thenceforward shall be Imported into this Kingdom or any Islands thereto belonging in any Ships or Vessels that shall not truly and only belong to the Natives and Inhabitants thereof except in English or Irish Vessels Providing alwayes that Scots Vessels injoy the like benefit of Trade within the Kingdoms and Dominions of England and Ireland and no otherwayes shall be lyable to double Custom and pay accordingly whether the saids Goods pertain to Natives or Aliens And further it is Statute and Ordained that from and after the said day and thence forward all Goods and Commodities whatsoever belonging to Aliens Exported or Imported in whatsoever Ships or Vessels whether Forraign or Scotish shall be lyable to double Custom and pay accordingly And it is further Statute and Ordained that from and after the said day and thence forward all Goods or Commodities whatsoever Exported in any other Ships or Vessels then such as do truly and only belong to the Natives and Inhabitants of this Kingdom shall be lyable to double Custom and pay accordingly whether the saids Goods appertain to Natives or Aliens And it is further Enacted and Ordained by His Majesty with advice and consent foresaid that at and after the said day and thence forward all Ships and Vessels belonging to this Kingdom shall be Navigated only by Scots-men dwelling in Scotland at least the Master and three fourth parts of the same being such under the pain of being esteemed Forraign Vessels and paying double Custom for all the Goods and Commodities Imported or Exported within the same And for preventing of all fraud which may be used in the buying of Forraign Ships It is Statute and Ordained by His Majesty with consent foresaid that from and after the said day no Ship whatsoever shall be deemed or passe as a Ship belonging to Scotland or injoy the benefit of such a Ship or Vessel untill such time that he or thy claiming the same to be theirs shall make appear to the chief Officer or Officers of the Customs at Lieth he or they residing in any place betwixt Berwick and Stirling on the South-side of Forth and to the chief Officer or Officers at Burntisland he or they residing in any place betwixt Stirling and Fife-ness upon the North-side of Forth and in case of their abode in more remote places to the Officer or Officers of the Port next to the place of his or their abode that they or he are not Strangers and shall have taken an Oath before such Officer or Officers who are hereby authorized to administer the same that such Ship or Vessel was bona fide and without fraud bought by him or them for a valuable consideration expressing the Sum Time Place and Persons from whom it was bought and who are his Partners if he any have All which Partners shall be lyable to take the said Oath before the chief Officer or Officers of the Customs rospective as said is and that no Forraigner directly nor indirectly hath any part interest or share therein and that upon such Oaths he or they shall receive a Certificat under the Hand or Seal of the said chief Officer or Officers of the Port next the abode of the persons so making Oath whereby such a Ship may for the future passe and be deemed as a Ship belonging to the said Port and injoy the priviledge of such a Ship or Vessel and the said Officer or Officers shall keep a Register of all such Certificats as he or they shall so give and return a Duplicat thereof to the chief Officers of the Customs at Lieth for such as shall be granted in all the other Ports of this Kingdom together with the names of the person or persons from whom such Ships were bought and the sum of money which was paid for the same as also the names of all such persons as are Partners if any such be And it is further Enacted by His Majesty with consent foresaid that if any Officer of the Customs shall from and after the said day allow to any Forraign Ship or Vessel the priviledges due to a Scots Ship till such Certificat be by them produced or such Proof and Oath taken before them or such as they shall appoint to receive the same and to examine whether the Master and three fourth parts of the Mariners at least be Natives and Inhabitants within this Kingdom that for the first offence such Officer or Officers shall be put out of their Offices or Places And it is further Statute and Ordained that no Merchants belonging to this Kingdom shall imploy any Alien or person not born within this Nation or naturalized or made a free Denizen thereof from and after the said day as Factor in any place beyond Seas for the use and account of the Merchants of this Kingdom under pain of a pecuniary Mulct to be paid by him or them that shall imploy him which sum shall be imposed at the discretion of the Council of Trade the one half thereof to His Majesty and Successors and the other half to him or them that shall inform and pursue for the same It is alwayes hereby provided that this Act nor any Clause therein contained extend not to or be meaned to restrain or prohibit the Importation of any of the Commodities of Asia Africa or America as also of the Commodities of Musco and Italy from such Ports and Places and in such Ships and Vessels as may be gotten most conveniently untill such time as the Merchants of this Kingdom have actual Trade to these respective places and that the same be prohibited by Act of Parliament Privy Council or Council of Trade It is hereby Declared That it shall be lawfull to import any sort of Corns in time of dearth from any place or places in any Ship or Vessel whatsoever without being lyable to Confiscation double Custom or any other Penalty contained in this present Act the dearth and necessity of Import being alwayes cognosced and declared by a publick Act of the Privy Council or Council of Trade XLV ACT discharing the Exportation of Skins Hides c. THe Kings Majesty considering how necessar it is that all former Laws for improving of Native Commodities be Revived and understanding that the Deacons and remanent Trades-men of the Skinners have upon their own charges brought from Forraign places Perfumers Makers and Preparers of Leather by whose pains and Art the Kingdom may be furnished with Gloves at easier Rates and be able to furnish other Nations abroad with Made-work Doth therefore with advice and consent of the Estates of Parliament Ratifie and Approve the hundred seventy eight Act of the thirteenth Parliament of King James the sixth of blessed memory discharging the Exportation of Skins
any of the saids Superiorities of the Lands and others pertaining to whatsoever Chapters Priors Prioresses Preceptors Abbacies and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of with all Warrands Tacks Commissions Baileries or Deputations for entring of the Vassals thereto made and granted by His Majesty or His said Umquhile dearest Father in any time by-gone since the Surrender in Anno one thousand six hundred twenty seven or to be made in time coming with all other Gifts and Donanations of the saids Few-duties formerly belonging to the saids Lords of Erection and made by His Majesties said Umquhile dearest Father after the Surrender and before the Redemption thereof from the saids Lords and all heritable and irredeemable Rights granted by His Majesties said Umquhile dearest Father after the redemption whereby the Profits Casualities and Emoluments of the Superiority of the said Kirk-lands may be conferred to any other person except the proper Vassals thereof directly or indirectly of whatsoever Name Title or Designation they be of and of all gifts of new Regalities or Jurisdiction to be null by way of exception or reply Reserving alwayes to these persons who have right to the Few-duties the Right and Title thereto And reserving to John Earl of Lauderdail His Majesties Sole Secretary for the Kingdom of Scotland a Signatur superscribed by His Majesty at His Court of Whitehal the twenty fifth day of May last by past and past in His Majesties Exchequer of all and whole the Lordship Barronie and Regalitie of Musleburgh containing a new gift of Union and Erection of the same in a free Lordship Barronie and Regalitie and discharges the Treasurer Principal and Deput Commissioners of the Treasurary and remanent Lords of Exchequer Writers to and keepers of the Seals from all passing or expeding any such new Grants Rights Infeftments Tacks Warrands Commissions Baileries or Deputations for entring of Vassals except allanerly such Infeftments and Signaturs as shall be granted to the Lords and others who had formerly right to the saids Erections and Superiorities whereby they might have right to claim the Few-ferms and Few-duties addebted by the Vassals and others subject in paiment thereof allanerly ay and while they be satisfied therefore in manner specified in the fourteenth Act of His Majesties said Umquhile dearest Father His first Parliament and with the whole remanent exceptions and reservations contained in the saids Acts made in Anno one thousand six hundred and thirty three which are holden as repeated and exprest herein It is alwayes Declared that notwithstanding of this Act any who have gotten or shall get any new Infeftment of Superiority of Kirk-lands the same shall stand good as to such Vassals who have given their consents to the said right of Superiority In regard that such a consent as to His Majesty is of the nature of a Resignation of their property in favours of the saids Superior to be holden of the King But prejudice neverthelesse to His Majesty of His Highnesse right of reversion of the Few-ferm Few-duties and Casualities conform to the foresaid Act of Parliament one thousand six hundred and thirty three LIV. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Alterages OUr Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves the Act of Parliament made by King James the sixth His Majesties Grand-father of eternal memory Parliament first Chap. twelfth Anent Provestries Prebendaries Alterages Chaplanries and Collegiat Kirks pertaining to laick Patrons together with the Act of Parliament twelfth Chap. one hundred and fifty eight Ratifying the same and Ordains the saids Acts to have full force and effect in all time coming with this Declaration alwayes That in respect the Vassals which held Lands of the saids Provests Prebendars and others foresaids are put to a great uncertainty of their Superiors it not being known to them who are provided to the saids Provestries Prebendaries Chaplanries Alterages and others foresaids by reason there is no publick Register to the which they may have recourse for knowledge and notice thereof and that the most that they can know by any Register is the Infeftments and Seizings made to these who are laick Patrons holding of His Majesty Therefore for securing of the Vassals who hold Lands Milnes Fishings Tenements Annualrents or others whatsoever of the saids Provestries Prebendaries Collegiat Kirks or of Chaplanries Alterages and others of that nature at any time of before It is Statute and Ordained that the entry of the saids Vassals by Retour Precept of Clare constat Resignation Comprising or otherwayes whatsoever shall pertain to the laick Patrons and their Successors who stand infeft in the said laick Patronages holding immediately of His Majesty and that the entry of the Vassals by them shall be as valid and sufficient to the saids Vassals receivers thereof as if they were entered by the Titulars of the saids Provestries Prebendaries Alterages Chaplanries and others foresaids And that the said laick Patrons shall be in all time coming in their place as Superior to the said Vassals and to have the same power to give Infeftments to His Majesties Subjects upon Retour or by precept of Clare constat or by Resignation Comprising or any manner of way with Gifts De novo damus and that without consent of persons provided or to be provided to the saids Provestries and Prebendaries of Collegiat Kirks Alterages Chaplanries or other Titulars of Collegiat Kirks and also without consent of the Chapter or Convent of the saids Prebendaries thereof or most part of the same which of before was in use and custom Whereanent and anent all Acts in the contrair His Majesty with consent foresaid dispenses for ever Reserving alwayes to the Titulars of the saids Provestries Prebendaries Alterages Chaplanries and others foresaids the Fruits Rents and Emoluments of the saids Provestries Prebendaries and others foresaids which are no wayes prejudged by this present Act. It is hereby further Statute and Ordained with advice and consent foresaid where there are any Prebendaries Chaplanries Alterages or other foundations of that nature above-mentioned founded and situated within any Burgh Royal of this Kingdom that the Provest Baylies and Council of that Burgh where the same are founded are and shall be in all time coming only undoubted Superiors by whom and by no others the Vassals and Tennents shall enter in manner above-specified the saids Provest Baylies and Council having been formerly Patrons of these Chaplanries LV. Act anent Cocquets and Entries of Ships OUr Soveraign Lord understanding there are diverse abuses committed by the Customers and receivers of Entries of Ships and by the keepers of the Cocquet in sometime exacting from Masters of Ships greater sums of money then is due to them and sometimes absenting themselves to the great prejudice of the Merchants estate and to the hazard of the losse of their voyage Therefore our Soveraign Lord with advice and consent of the
enjoy their Lands in all time thereafter free of any such burthen of Marriage Providing alwayes Likeas it is hereby Provided and Declared that if the foresaids Vassals whose holding shall be changed as said is and who shall compone for the renunciation of the Marriage contained in their Few-infeftments or their Heirs or Successors in the saids Lands which once held Ward or Few cum maritagio shall alienate and dispone the saids Lands to any other persons then and in that case the Aliener or His Heirs shall no longer have the benefit of this present Act but that notwithstanding of this present Act if they hold Lands Ward of any other Superior that their Superior shall enjoy all the benefit of his Superiority as if this present Act had never been made And such-like for the greater furtherance of His Majesties Lieges in the way of the changing of the tenours of the said Ward-holdings or renuncing of the Marriage contained in their saids Few-infeftments Our Soveraign Lord with advice and consent foresaid Ordains Signaturs to be past to the Lieges by the Exchequer on the recommendation of the saids Commissioners of the Ward-lands in their favours upon the Lieges their Resignation for new Infeftments to be granted to them bearing the new manner of Few-holding or bearing the renunciation of the said Marriage contained in their old Few-infeftments as shall be Ordained by the saids Commissoners of the Ward-lands LIX Act anent the Exchequer THe Kings Majesty considering that some doubts and debates may arise concerning the meaning of the eighteenth Act of the Parliament holden by His Majesties Royal Father of blessed memory in the year one thousand six hundred and thirty three Anent the deciding and judging in Causes concerning His Majesties Property Doth for explanation thereof with advice and consent of His Estates of Parliament Find Declare Statute and Ordain that the validity and invalidity of Infeftments of His Majesties Property or of any other Infeftments may not be discussed nor decided in Exchequer neither by way of Exception Action nor Reply but that the discussing and decision thereof is only proper to the Lords of Session Reserving alwayes to the Exchequer to judge in all other businesses concerning His Majesties Rents and Casualities as they might have done before the year one thousand six hundred and thirty three LX. Act concerning Docqueting of Signaturs THe Kings Majesty with advice and consent of His Estates of Parliament Doth Ratifie and Renew the twentieth Act of the tenth Parliament of King James the sixth of blessed memory and accordingly Statutes and Ordains That no Signaturs Writs Letters or Warrands shall be presented to be signed by His Majesty but by His ordinary Officers to whose charge the same properly belongs And that His Majesty may the better know what passeth under His Hand and upon what grounds he signs the same It is appointed That any of His Majesties Officers who shall present any Signature Writ Letter or Warrand to be signed by His Majesty shall cause Registrate the Docquet of the same in a Register and then send the just double thereof under their hands to His Majesties Secretary who is to give His Majesty timous notice of any prior Deed differing or contrary to the same that His Majesty may give His further Orders concerning the same LXI Commission for Plantation of Kirks and Valuation of Teinds OUr Soveraign Lord considering the great care His Royall Father and Grand-father of ever blessed memory had at all times of the Reformed Religion within this Kingdom and of the Maintenance and Provision of the Ministry and Churches thereof Concerning which and for the publick good of the Nation His Majesties Royall Father did emit a Declaration immediatly after His succession to the Crown and concerning diverse other particulars relating to Teinds and Superiorities of Kirk-lands in order whereunto diverse Acts and Ordinances of Parliament and of Commissions were from time to time made during the Reign of His ever Glorious Father And yet by the unhappy Troubles of the time His Royall purpose hath not got a finall accomplishment so that diverse Churches are as yet unprovided with sufficient Maintenance many Teinds unvalued and diverse other particulars are as yet unperfected And His Majesty being desirous to prosecute this good Work for the universall good of the People and namely for the incouragement of the Ministers of the Gospel His Majesty with advice and consent of the Estates of Parliament Doth Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royall Father in Anno one thousand six hundred and thirty three Intituled Commission for Valuation of Teinds c. in the whole Heads Clauses and Contents thereof except in so far as there hath been any derogation made thereto by Acts and Commissions made and granted by His Majesty since the date of the said Act or granted by pretended Parliaments since and which are Ratified or Salved or to be Reserved by this present Parliament And His Majesty with advice and consent foresaid Doth give full Power and Commission to the Persons aftermentioned viz. John Earl of Middletoun His Majesties Commissioner William Earl of Glencairn Lord High Chancellor John Earl of Craufurd and Lindsay Lord Thesaurer John Earl of Rothes President of His Majesties Privy Council William Duke of Hammiltoun James Marquess of Montrose John Earl of Lauderdail His Majesties Secretary William Earl of Marishall John Earl of Atholl George Earl of Linlithgow James Earl of Home James Earl of Tullibardin William Earl of Roxburgh John Earl of Haddingtoun James Earl of Annandale William Earl of Dumfries John Earl of Tweddal James Earl of Calendar John Earl of Dundee David Viscount of Stormount John Lord Sinclair David Lord Cardros John Lord Belhaven _____ Lord Halkertoun William Lord Cochran William Lord Bellenden Sir John Gilmor of Craigmiller President of the Session Sir Archibald Primerose of Chester Knight and Barronet Clerk of His Majesties Council Registers and Rolls Sir John Fletcher His Majesties Advocat Sir Robert Murray Justice Clerk Sir James Lockhart of Lee Sir George MackenÈie of Tarbet Sir James Foullis of Colingtoun Sir Archibald Stirline of Carden Sir James Dalrymple of Stair Sir John Scougal of Whitekirk Senators of the Colledge of Justice Alexander Bruce of Kincairn Sir John Urquhart of Cromartie Sir Robert Fletcher of Salton Sir Alexander Gibson of Durie Sir Robert Innes of that Ilk James Crighton of St. Leonards Sir George Kinnaird of Rossie Sir Gilbert Ramsay of Balmayn John Murray of Polmais William Scot of Ardrose Sir James Dundas of Arnestoun Sir John Foullis of Ravilstoun Richard Murray of Broughton Sir Robert Hepburn of Keith Mr. Robert Preston of that ilk Sir Andrew Ramsay Sir Robert Murray Sir Archibald Sydserf Sir William Thomson and John Miln Burgesses of Edinburgh Sir Alexander Wedderburn and Alexander Wedderburn of Dundee Mr. John Paterson of Perth John Bell of Glasgow William Cuningham of Air Andrew Glen of Linlithgow Duncan Nairn of Stirline
all the free Profits and Rents which he shall have or uplift out of the saids Lands shall be restricted to six per cent yearly of free money and the Wodsetter shall be countable to the Debitor or others having right from him for the superplus and that without prejudice of the Wodsetters real Right and Infeftment ay and while the Lands be redeemed and the principall Sum whereupon the same is redeemable shall be satisfied It is alwayes provided that where any Creditor hath had losse by his possession of the Wodset-lands and others since the date of his Wodset So that he hath not received as much free Rent as communibus annis hath extended to the Annualrent allowed by Law for the time all charges and burdens being deduced in that case it is provided that the Wodsetter shall be first satisfied of what he wants before he quit his possession of the said Wodset-lands or be holden to accept Security for his Annualrents And it is Declared that in the account of the Wodsetter's by-gone losse there shall be allowed what he hath disbursed upon reparation and building of Tennents houses Milnes and for the advantage of the ground and generally all other expence which the Wodsetter was put to and what losse he sustained in reference to the said Wodset-lands Rights and Securities thereof any manner of way and what he hath lost by Quarterings Cesse waste Land depauperated Tennents or by Tennents who were or are not able to pay unlesse the ground should be casten waste And because the Wodsetters probation of his saids losse may be difficile he not conceiving that there should be necessity for any such count or that there should be any alteration made in the right and possession of his proper Wodset Therefore His Majesty with advice foresaid doth allow the Lords of Session to take such reasonable probation as in equity they shall think fit And if there be any deficiency to take the Wodsetters Oath in supplement and where the Wodsetter is in natural possession of the Wodset-lands by dwelling thereon or labouring the same with his own Plough and Goods or otherwayes having the same plenished with his saids Goods in that case he shall not be holden to remove from his said possession but at the ordinary tearm of removing and that he be lawfully warned fourty dayes before and after sufficient Security shall be made to him in manner above specified before the said warning And His Majesty having granted so much favour benefit and indulgence to Debitors as the like cannot be shown to have been granted at any time in this Kingdom doth Declare Statute and Ordain That the Laws and Practick of the Kingdom concerning Debts and paiment thereof and diligence and execution for the same and concerning proper Wodsets where the Creditor-wodsetter hath the hazard of Fruits Tennents War and others shall be observed inviolably and be of full force vigor and effect in all time coming excepting so far as the same is altered innovat and repealed by this present Act. LXIII Act Salvo jure cujuslibet OUr Soveraign Lord taking to consideration that there be many Acts of Ratification and others past and made in this Session of Parliament in favours of particular persons without calling or hearing of such as may be thereby concerned and prejudged Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in manner foresaid shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the making of the saids particular Acts and Acts of Ratifications and that the Lords of Session and all other judges within this Kingdom shall be oblieged to judge betwixt parties according to their several rights standing in their persons before the making of the saids Acts. All which are hereby exponed and declared to have been made Salvo jure cujuslibet LXIV Act of Adjournment THe Kings Majesty Declares this Parliament current and Adjourns the same to the twelfth day of March next to come Ordaining all Members of Parliament Noblemen Commissioners of Shires and Burghs and all others having interest to attend that day and that there be no new Elections in Shires or Burghs except upon the death of any of the present Commissioners A. Primerose Cls. Reg. A TABLE of the Printed ACTS 1. ACt concerning the President and Oath of Parliament Page 3. 2. Act and Acknowledgment of His Majesties Prerogative in the choice of His Officers of State Counsellors and Judges Page 4. 3. Act asserting His Majesties Royall Prerogative in the calling and dissolving of Parliaments and making of Laws Page 5. 4. Act asserting His Majesties Royall Prerogative in the making of Leagues and the Conventions of the Subjects Page 6. 5. Act asserting His Majesties Royall Prerogative in the Militia and in making Peace and War c. Page 7. 6. Act annulling the pretended Convention of Estates kept in the year 1643. Page 8. 7. Act concerning the League and Covenant and discharging the renewing thereof without His Majesties Warrand and Approbation ibid. 8. Act against Papists Priests and Jesuits Page 9. 9. Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter Page 11. 10. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646 and 1647. Page 15. 11. Act for taking the Oath of Allegiance and asserting the Royall Prerogative Page 17. 12. Act concerning the Judiciall Proceedings in the time of the late Usurpers Page 19. 13. Act and Offer of Fourty thousand pounds Sterling to be paid to the Kings Majesty yearly during His life-time by this Kingdom Page 21 14. Act for raising the Annuity of Fourty thousand pounds Sterling granted to His Majesty Page 22. 15. Act Rescinding and Annulling the pretended Parliaments in the years 1640 1641 c. Page 37. 16. Act concerning Religion and Church-Government Page 40. 17. Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royall Government of His Kingdoms Page 41. 18. Act for the due observation of the Sabbath-day Page 42. 19. Act against Swearing and excessive Drinking Page 43. 20. Act against Cursing and Beating of Parents Page 44. 21. Act against the crime of Blasphemy ibid. 22. Act concerning the severall degrees of casuall Homicide Page 45. 23. Act Ratifying the Priviledges of the Colledge of Justice ibid. 24. Act concerning appearand Heirs their paiment of their Predecessors and their own Debts Page 46. 25. Act for Denouncing of Excommunicate Persons Page 47. 26. Act appointing the Pursuer of the Thief to have the Goods stolen from him restored Page 48. 27. Act for the Pardon of Penall Statutes ibid. 28. Act discharging the Quots of Testaments Page 49 29. Act for Poynding upon Sheriffs and Commissars Decreets ibid. 30. Act anent the Fewers and Vassals of Kirk-lands Page 50. 31. Act concerning the Registration of Comprisings Page 51. 32. Act concerning Heretable and Moveable Bonds Page 52. 33. Act for the right Packing of Salmond ibid. 34. Act against Clandestine and unlawfull Marriages Page 53. 35. Act concerning the Election and Charges of the Commissioners from Shires to the Parliament Page 55. 36. Act anent Presentation of Ministers Page 56. 37. Act concerning the Bullion Page 57. 38. Commission and Instructions to the Justices of Peace and Constables Page 65. 39. Act for the Fishings and erecting of Companies for promoving of the same Page 79 40. Act for Erecting of Manufacturies Page 83. 41. Act for Planting and Inclosing of Ground Page 85. 42. Act establishing Companies and Societies for making Linnen-cloath Stuffs c. Page 87. 43. Act discharging the Exportation of Linnen-yarn and regulating the breadth of Linnen-cloath c. Page 89. 44. Act for incouraging of Shipping and Navigation Page 90. 45. Act discharging the Exportation of Skins Hides c. Page 93. 46. Act discharging the Exportation of Woollen-yarn Worstead broken Copper and Peuter c. Page 94. 47. Act discharging Trades-men to Import Made-work ibid. 48. Act for incouraging of Soap-works Page 95. 49. Act Reducing the Annuals to Six for the Hundred ibid. 50. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session Page 96. 51. Act concerning Arrestments Page 97. 52. Act concerning the disposall of Vacant Stipends ibid. 53. Act Ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property Page 98. 54. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Altarages Page 100. 55. Act anent Cocquets and Entries of Ships Page 102. 56. Act anent Coal-hewers ibid. 57. Act discharging the Custom of two and an half of the hundred and the Impost of four pounds on the Tun. Page 103. 58 Act in favours of those who get their Ward-holding changed by the Kings Majesty Page 104. 59. Act anent the Exchequer Page 105. 60. Act concerning Docqueting of Signaturs Page 106. 61. Commission for Plantation of Kirks and Valuation of Teinds ibid. 62. Act for ordering the paiment of Debts betwixt Creditor and Debitor Page 111. 63. Act Salvo jure cujuslibet Page 118. 64. Act of Adjournment ibid. FINIS
breadth all common High-wayes should be to Mercat Towns Our Soveraign Lord with advice foresaid Declareth That the same should be of twenty foot of measure in breadth at the least and where any are of larger breadth they Ordain the same so to remain unaltered or straitned and that the saids Justices maintain the same with all other Wayes from any Town in the Paroch to the paroch Churches in the estate as they are And where they find any necessity of other Wayes from any Town in the Paroch to paroch Churches they shall inform His Majesties Secret Council thereof who shall give them after sufficient information their direction thereanent according whereunto they shall be holden to proceed And if any person refuse to concur for mending of High-wayes and Passages the saids Justices shall have power to censure and punish them according to their discretion with provision alwayes that if in their proceedings therein they use such severity or rigour as may move just complaints against them they shall be censured therefore by His Majesties Secret Council as appertaineth The saids Justices shall put His Majesties Acts of Parliament to execution against Cutters and Destroyers of Plantting Green-wood Orchards Gardens Haynings Breakers of Dove-houses and Cunninghares Stealers of Bees and Bee-hives users of unlawfull Games with Setting Doggs Slayers of red and black Fishes and Smolts in forbidden time Foulers fouling in other mens Lands Makers of Moorburn and Mosseburn Setters of Crooes and Nets in Waters and Dames having and keeping of Crooes and Yairs in forbidden time and shall proceed against them accordingly And for their better warrand to proceed in the premisses it is His Highnesse pleasure that Commissions be granted to the saids Justices of Peace to try and punish the violators of the saids Acts in the tryal whereof they shall proceed by witnesses or by oath of Party and the punishment to be inflicted by them shall be a pecunial sum answerable to the circumstance of the offence and quality of the offenders with special provision that their Censures and Punishments shall extend against none but those against whom by priviledge of their Instructions they may lawfully proceed And also with provision that the saids Commissions be not extended to any persons who shall be arrested and conveened for the saids crimes before any other ordinary Judge It is also provided that the ordinance and power contained in this Article shall no wayes be prejudicial to any other Commissions or Rights whatsoever granted to other parties whereby they have power to proceed and censure the crimes and offences above-written Item They shall inform the Kings Majesties Council and His Highnesse Treasurer or Advocat at the least once every year of Forstallers and Regraters of Mercats that order may be taken with them conform to the Acts of Parliament It shall not be leasome to any Hoastlar to resset any Masterlesse Men and Rebels at the Horn any Vagabonds or other persons guilty of known crimes or using Stouth and Reaf under the pains under-written To wit fourty shillings to be incurred by them for the first fault four pounds for the second and ten merks for the third together with the losing of the liberty of Brewing The incurrers of the which pains shall be punished according to the order foresaid by the Barrons and Masters of the ground whereupon the Hoastlar dwelleth within the space of fifteen dayes after the committing of the Fact and if the saids Barrons and Heritors neglect to do the same within the said space it shall be lawfull to the saids Justices to pursue and fine the Delinquents in their Courts according to the pains foresaid and to uplift the same from them without prejudice alwayes of whatsoever Acts made against the saids Hoastlars in the Barron Court Books under whom they dwell bearing any higher pain then as is set down in this above-written Act and also without prejudice of all Action Criminal or Civil competent of the Law against the saids Hoastlars in case they be under the danger thereof which shall not be taken away by any punishment set down and to be inflicted conform to this Act. Item They shall inform the Kings Treasurer and Advocat of breakers and contraveeners of the Acts of Parliament made against Malt-makers that the transgressors and contraveeners thereof may be punished conform to the Tenor of the saids Acts. They shall set down order in the Countrey for Governance in time of Plague and shall punish severely the disobeyers of the order appointed by them according to the quality of the Delinquent They shall appoint at the Quarter Sessions to be kept in August and February the ordinary Hire and Wages of Labourers Workmen and Servants and who shall refuse to serve upon the price set down by them shall be imprisoned and further punished at their discretion and to the effect Servants may be the more willing to obey the Ordinances to be made by the saids Justices for the saids Fees the saids Justices shall have power to decern and compel the Master to make paiment of the Fees appointed by their Ordinance in case the Servants please rather to pursue for the same before them then any other Judge The saids Justices shall take notice in all Sheriffdoms where there are any Goales and Prison-houses within any Burgh that the same may be kept up and not suffered to decay or become ruinous and if there be any Shire where there is not any Goal or Prison-house they shall inform His Majesties Council thereof that they may appoint and give order for building of one within the Head Burgh of the Shire and according to the directions to be given thereanent the Justices shall be holden to proceed And because there be a great many of Prisoners apprehended and committed who having no means of their own for their maintenance and entertainment will otherwayes famish and starve before they can come to their tryal who not the lesse in regard of the crimes committed can no wayes be put under surety or otherwayes in faults of lesse consequence are unable to find sufficient Caution to be made forth coming and answerable at the next Session Therefore it shall be lawfull to the saids Commissioners and Justices at their Quarter Session to rate every Paroch for a weekly proportion for the entertainment of those poor Prisoners providing they do not exceed the sum of five shillings Scots money at the most nor under one shilling at the least which sum shall be uplifted for that use by the Minister or Reader who shall serve at every Paroch from such Deacons who shall be appointed to collect the same and the saids sums to be delivered by the Constable of the Paroch at the Quarter Sessions in presence of the whole Bench then conveened to such persons as the saids Justices shall trust therewith and who accordingly shall make due account in paying the Jaylors such rates as shall be allowed for the poor Prisoners and making the rest forth
of any Committee or Incorporation whatsoever which are all hereby Cassed Rescinded and Declared void and null in so far as they may be conceived to derogate from the Priviledges and Immunities granted by this present Act in favours of Trades-men Natives or Strangers belonging to or brought home by the saids Companies of working in the saids Manufacturies And to the end that the foresaids Stuffs and Cloaths may be more usefull at home and have the better vent abroad His Majesty with advice foresaid doth Prohibit and Discharge any Weaver belonging to the saids Companies or private Trades-man to make any Searges under the breadth of an ell and a nail Perpetuanaes and Sempiternums under the breadth of three quarters and a half nor no Woollen Cloath under an ell and a half broad under the pain of twenty pounds to be paid by the Weaver thereof and the saids Stuffs and Cloaths to be confiscat the one half to His Majesties use and the other half to the use of the discoverers thereof Further His Majesty with advice foresaid for encouragement of these who shall enter into the saids Companies or Manufacturies Doth grant to ilk one of the saids Companies all the Priviledges and Immunities that are or shall be hereafter by the Kings Majesty indulged to the Companies or Societies of Fishers as if the same were herein exprest Whereanent His Majesty with consent foresaid hath dispensed and hereby dispenses for ever XLIII Act discharging the exportation of Linnen-yarn and regulating the breadth of Linnen-cloath c. OUr Soveraign Lord conceiving it necessary for the good and wel-being of His Majesties Subjects to project and indeavour the improvement of all the Native Commodities of this His Majesties ancient Kingdom and to make Laws and Ordinances for eviting and preventing of all fraud and deceit used heretofore in making Sale of the saids Commodities And considering that it would tend more to the advantage of His Majesties Subjects and promoving of Manufacturies to restrain the liberty that Merchants have taken to export Linnen-yarn then suffer them to carry the same unto other places and Kingdoms Therefore His Majesty with advice and consent of His Estates of Parliament Discharges any Merchant or others whatsoever to transport out of this Kingdom any Linnen-yarn under the pain of Confiscation of the same the one half to His Majesties use and the other half to the use of the Attacher and Apprehender of the said Yarn and Statutes and Ordains that all Yarn be sold by weight and that no Reel be made use of within this Kingdom under the measure and length of ten quarters and that under pain of Confiscation of any Yarn brought to the Mercat of a shorter Reel the one half to His Majesties use and the other half to the use of the Delaters and Apprehenders of the said Yarn As also His Majesty considering that Linnen-cloath is one of the most usefull Commodities of the product of this Kingdom whereby much money in ancient times was brought home And that now to the great prejudice of the said Commodity the same is brought in contempt abroad and become hardly vendible through the deceitfull Making evil Bleetching and unequal Breadth thereof Therefore His Majesty with advice and consent of the saids Estates doth Discharge and Prohibit all Weavers to make any Linnen-cloath of the price of ten shillings Scots the ell or above under the Breadth of an ell and two inches after the first day of November next to come under the pain to be imprisoned for the space of fourteen dayes and of twenty pounds Scots to be paid for each fault to Magistrates of Burghs Sheriffs of Shires Lords of Regalities and Barrons within their respective bounds and of the Confiscation of the same to the use of the Attachers and Discoverers thereof and Statutes that all Linnen-cloath be taken up by Selvage and not by the Rigg and so to be presented to the Mercat and that all Linnen-cloath be Bleetched without Lime under the pain of twenty pounds for each fault to be paid to the Magistrates foresaid within their respective bounds And lastly It is hereby Declared that all Flax and Linnen-yarn Imported and all Linnen-cloath Exported by such as shall enter into the Companies and Manufacturies for making of Linnen-cloath shall be free of Custom and all other Imposition for the space of fifteen years after the saids Manufacturies shall be established in the persons of such as shall enter themselves in the said Companies betwixt and the first day of January next conform to another Ordinance of Parliament for estabilshing the saids Companies XLIV Act for incouraging of Shipping and Navigation OUr Soveraign Lord considering that the Wealth Safety and Strength of this Kingdom are very much concerned in the increase of Shipping and incouragement of Trade and Navigation both which are much decayed if not wholly ruined by the late unhappy Wars and the sad effects that have followed thereupon And perceiving the present low condition of Trade and the small number of Ships and Sea-men within this Kingdom Hath thought expedient out of His Princely zeal for the publick good with advice and consent of His Estates of Parliament now presently conveened to Statute and Ordain and by these presents Statutes and Ordains that from and after the _____ day of _____ and thence forward no Goods nor Commodities whatsoever that are of Forreign growth Product or Manufacture which are to be brought into Scotland or any of the Isles thereto belonging shall be shipped or brought from any other place or places Countrey or Countries but only from those places where the saids Commodities do grow are produced or made or from the Ports where the saids Goods and Commodities commonly are or usually have been first shipped for Transportation and from no other place or Countrey and in no other Ships or Vessels but such as do truly and only belong to His said Kingdom and whereof the Master and three fourth parts of the Mariners are Natives and Inhabitants within the same or at least in such Ships and Vessels as do truly and only belong unto and are of the build of these Kingdoms or Countries where the saids Commodities do grow are made or produced and whereof the Master and three fourth parts of the Mariners are Natives and Inhabitants within the same All which is to be verefied and attested under the Seal of the City or place from whence they come and Oath of the Parties to whom the said Ships or Vessels do belong under the pain of Confiscation of all such Goods as shall be imported from any other place or Countrey or in any other Ship or Vessel contrair to the true intent and meaning of this Act As also of the Ship in which they shall happen to be imported with all her Guns Furniture Tackle Ammunition and Apparelling the one half to His Majesty and the other half to the use of those who shall discover the Contraveeners of this present Act and pursue for