compeired personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Douglas of Cavers Knight Sir Henry Wood of Bonytoun Knight John Smyth Burgesse of Edinburgh Mr. Robert Barclay Provest of Irwing Mr. Alexander Henderson Minister at Edinburgh and Master Archbald Johnstoun Clerk to the Generall Assembly and in the name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privie Councell the petition above written which being read heard and considered by the saids Lords they have ordained and ordain the same to be insert and registrate in the bookes of Privie Councell and according to the desire thereof ordaines the said Confession and Covenant to be subscribed in time comming by all his Majesties Subjects of this Kingdome of what rank and quality soever THE ACT OF THE GENERALL ASSEMBLY Ordaining by Ecclesiasticall authoritie the subscription of the Confession of Faith and Covenant THe Generall Assembly considering the great happinesse which may flow from a full and perfect Union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majestie and amongst our selves having by our great Oath declared the uprightnes and loyalty of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell to injoyne by Act of Councell all the Lieges in time comming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyalty to our King wee have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell have granted the desire of our Supplication ordaining by civill authority all his Majesties Lieges in time comming to subscribe the foresaid Covenant that our union may be the more full and perfect We by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the Heads and Clauses thereof and ordaines of new under all Ecclesiasticall censure that all the Masters of Universities Colledges and Schooles all Schollers at the passing of their degrees all persons suspect of Papistry or any other errour and finally all the members of this Kirk and Kingdome subscribe the same with these words prefixed to their subscription The Article of this Covenant which was at the first subscription referred to the determination of the generall Assembly being determined And thereby the Five Articles of Perth the governement of the Kirk by Bishops the civill places and power of Kirke-men upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk wee subscribe according to the determination foresaid And ordaines the Covenant with this declaration to be insert in the Registers of the Assemblies of this Kirk Generall Provinciall and Presbyteriall ad perpetuam reimemoriam and in all humility supplicates his Majesties high commissioner and the honourable Estates of Parliament by their authority to ratifie and injoyne the same under all civill paines which will tend to the glory of God preservation of Religion the Kings Majesties honour and perfect peace of this Kirk and Kingdome The Confession of Faith subscribed at first by the Kings Majestie and his Houshold in the yeare of God 1580. Thereafter by Persons of all rankes in the yeare 1581. By ordinance of the Lords of the secret Councell and acts of the Generall Assembly Subscribed again by all sorts of Persons in the yeare 1590. By a new ordinance of Councell at the desire of the Generall Assembly with a generall Band for maintenance of the true Religion and the Kings Person And subscribed in the yeare 1638. By Us Noblemen Barons Gentlemen Burgesses Ministers and Commons then under subscribing Together with our resolution and promises for the causes after specified to mainetaine the said true Religion and the Kings Majestie according to the Confession foresaid and acts of Parliament And now upon the Supplication of the Generall Assembly to his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell subscribed again in the yeare 1639. by ordinance of Councell and Act of the Generall Assembly WEe all and every one of us under-written protest that after long and due Examination of our owne consciences in matters of true and false Religion Wee are now throughly resolved of the Trueth by the word and Spirit of God And therefore wee believe with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this onely is the true Christian Faith and Religion pleasing God and bringing Salvation to man which now is by the mercie of God revealed to the world by the preaching of the blessed Evangel and received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirke of Scotland the Kings Majestie and the three Estates of this Realme as Gods Eternall Trueth and onely ground of our Salvation as more particularly is expressed in the Confession of our Faith stablished and publickly confirmed by sundry Acts of Parliaments and now of a long time hath beene openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Trueth and Veritie grounded onely upon his written Word And therefore wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kind of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirk of Scotland But in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and consciences of men all his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written Word the perfection of the law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our Justification by faith only our imperfect Sanctification and obedience to the Law the nature number and use of the Holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the word of God His cruell judgement against Infants departing without the Sacrament His absolute necessitie of Baptisme His blasphemous opinion of Transubstantiation or reall presence of Christs Body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemne Oaths Perjuries and degrees of Marriage forbidden in the Word His crueltie against the innocent divorced His divellish Masse His blasphemous Priesthood His profane Sacrifice for the sins of the dead and the quicke His Canonization of men calling upon Angels or Saints departed
if the same had past the Signet and that aye and while the said Signet bee returned againe to Edinburgh and the same intimate to the Lieges The said George Hadden alwayes keeping and retaining the warrands and making a minute and note thereof And making the same together with the prices payed therefore forth-comming to the Lord Secretarie or others in his name by his warrand And ordaines these presents to be intimate to all his Majesties Lieges by publike Proclamation at the market crosse of Edinburgh to be made hereupon And these presents for the full warrand of the whole premisses to be enacted and recorded in their books of Sederunt Which Act the saids Estates not onely ratifies in manner above specified but also ordaines the said Act to stand in full force and strength to the effect above-written therein specified conforme to the tenour thereof foresaid while the _____ day of _____ 1600. and _____ yeares And strictly inhibits and discharges all keepers of the Signet in any time hereafter for any cause or any pretended occasion whatsoever to transport or carry the Signet or any Seale forth of this Kingdome under the pain of death and confiscation of their moveable goods ACT XXXII ACT DISCHARGING ALL CUSTOME OF Ammunition brought home to the lieges to their owne use for defence of religion and liberties of Kirk and Kingdom THe Estates of Parliament presently conveened by his Majesties speciall authority considering the priviledge and exemption bruiked by the Nobility and Barrons of this Kingdome whereby they have beene exeemed from payment of all custome for goods imported to this Kingdome for their owne use And there-with-all Taking to their consideration that the said exemption ought more especially be enjoyed for the armes brought home at this time to the Nobility Barrons and Gentry of this Kingdome and all others his Majesties lieges whatsoever for their owne use for defence of Religion Liberties of this Kirke and Kingdome in thir times of troubles since the yeare of God 1637. Therefore statutes and ordaines that all sort of Ammunition whatsoever brought into this Kingdome since the year of God 1637. or to be brought in hereafter during the time of thir troubles shall be free of all customes and imposition whatsoever And inhibites and discharges all Customers or whatsoever receivers thereof of exacting any custome or imposition for any kinde of armes or ammunition already imported or to be imported during the time foresaid And of all arresting or detaining the saids armes and ammunition or any goods belonging to the Merchants importers thereof for any custome acclaimed for the same which the Estates finds no wayes due nor reasonable to be granted in the case foresaid ACT XXXIII ACT FOR THE COMMITTEES OF ESTATES THe three Estates of Parliament presently conveened having taken to their consideration the present estate of this Countrey and Kingdome being invironed and threatned with armes by sea and land and great hostile preparations hatcht and prepared against the same without any just ground or quarrell whereby as manifestly doth appeare there is nothing lesse intended against this Church and Kingdome nor an utter exterminion and totall destruction So that the saids Estates are necessitate and forced to put themselves in readinesse for a just and lawfull defence of the Religion Laws Lifes Liberties and Countrey and withall considering how necessar it is for the good of the publick weal of the Countrey and maintenance of the armies lifted and to be up-lifted and out-reiked both by sea and land and for ordering directing and governing of the whole body of this Countrey and Kingdome That a setled grave and solide Committee from the Estates be elected nominate constitute and authorized by this present Parliament which Committee from the Estates shall consist of a competent number of the most able qualified and trustie Noblemen Barons and Burgesses of this Kingdome Therefore the foresaids Estates of Parliament now conveened doe hereby nominate elect choose and appoint the persons after specified viz. John Earle of Rothes James Earle of Montros John Earle of Cassils John Earle of Wigtoun Charles Earle of Dumfermling William Earle of Lothian John Lord Lindesay John Lord Balmerino James Lord Couper Robert Lord Burghly Archbald Lord Napeir John Lord Lower Sir Alexander Gibson of Dury Sir John Hope of Craighall Sir John Scot of Scotstarvet Senators of the Colledge of Justice Sir Thomas Nicolsone of Carnok Sir Patrik Hepburne of Wauchton Sir David Hume of Wedderburne Sir George Stirling of Kier Sir Patrik Murray of Elibank Sir Patrik Hamiltoun of Littlepreston Sir William Cunningham of Caprintoun Sir William Douglas of Cavers James Chalmers of Gadgirth Sir Thomas Hope of Carse _____ Drummond of Riccartoun _____ Lesly of Forbes Master George Dundasse of Maner John Smyth Edward Edgar Thomas Paterson Richard Maxwell Merchants Burgesses of Edinburgh William Hamiltoun Burges of Lithgow Master Alexander Wedderburne Clerk of Dundie George Porterfield Baliffe of Glasgow Hew Kennidie Baliffe of Aire John Rutherfurd Provest of Jedburgh Master Alexander Jaffray Burges of Aberdeene or Master William Ore in his absence James Sword Burges of S. Androes and James Scot Burges of Montros to bee Commissioners from the Estate To whom the Estates and Body of this Present Parliament gives and commits full power warrant and commission to doe order direct act and put in execution every thing necessar expedient and incumbent alswell for the preservation and maintenance of the armies both of horse and foot by sea and land as for ordering the Countrey and whole body and inhabitants thereof deciding of questions and debates which shall happen to arise or fall out in any businesse which shall occasion or offer in this Kingdome concerning the peace and quiet thereof But prejudice of the Colledge of Justice or any other ordinarie judicatorie within this Kingdome lawfully established by Act of Parliament which shall no wayes be prejudged by this commission And with full power to them to borrow up-take and levy moneyes for the use the publick and to give and prescribe orders and directions for depursing thereof and for any other thing requisite which may concerne the good quiet and peace of the Countrey And with power to them to call and conveene such Noblemen Barons Burgesses and other countrey men to repaire to them for their counsell and assistance in any businesse which shall occurre as they shall finde necessar and expedient And with power to them to give orders and directions to collectors commissioners and all other persons who shall happen to be employed or have charge or place either in the army or in the Countrey in the publick busines in every thing which concernes their place and charge and to call them to an accompt al 's oft as they please and to appoint Auditours for hearing and receiving thereof whether of their owne number or any other they please to nominate and with power to them to allow and disallow as they shall find equitable and expedient for what
kept and holden in their saids Burghs upon the dayes hereby appointed and that no markets bee kept upon the Mundayes for the goods hereby discharged in time coming And last the saids Estates of Parliament discharges and prohibits all markets and trysts to be kept hereafter upon Sunday throughout all this kingdome and discharges all the Lieges from all keeping thereof upon Sunday hereafter and ordaines this Act to stand in full force as a law while the next assembly that the inconveniences redounding hereby to the Lieges being represented to that Assembly the Assembly may consider thereof and as they finde the same sufficient they may supplicate the next ensuing Parliament to rescind this Act in whole or in part as after triall it shall be found hurtful to the Lieges ACT XIV ACT FOR TAKING ORDER WITH THE Abuses committed on the Sunday by the confluence of people for hyring of shearers on Sunday FOrsamekle as the prophanation of the Sunday is greatly occasioned in the time of harvest by the great confluence of people to publick places as ports or streets of townes and paroch Kirkes of Landward everie Sunday from morning to preaching time for hyring shearers the week following whereof there ariseth also sundry tumults disorders swearing drinking and often fighting on the Sabbath day For remeed hereof the Estates of Parliament presently conveened by his Majesties special authority refers and remits the samine to be taken order with to the Justices of peace and Kirk Sessions where the abuse shall be committed hereafter by the coufluence of the said people and hyring of the saids shearers upon the Sunday as said is as the saids Justices of peace and Kirk Sessions shall find the saids abuses then to be committed to deserve ACT XV. FOR DIRECTING LETTERS OF HORNING And Caption by the Lords of Session against the excommunicate Prelates and all other excommunicate persons THe Estates of Parliament conveened by his Majesties speciall authoritie Considering the necessitie of reviving and putting in execution the 53. Act of the third Parliament of King Iames the sixth Anent Letters of horning and caption to follow upon excommunication of the Kirk after fourtie daies Renews and revives the said Act of Parliament and ordaines the Lords of Session to grant Letters and other Executorials against the excommunicate Prelates and all other excommunicate persons ACT XVI ANENT THE LARGE DECLARATION Or MANIFESTO THe Estates of Parliament conveened by his Majesties speciall Authoritie Considering that the supplication of the late generall Assembly to his Majesties Commissioner against a book called A large Declaration as followeth was presented unto Us by the Commissioners of the Kirk and recommended to his Majesties Commissioner for obtaining from his Majesties Justice and Goodnesse the desire thereof And as the said Book was examined by the appointment of the Assembly and found to be dishonourable to God and his true Religion to this Kirk and Kingdome to the Kings Majesty and to the Marques of Hammiltoun then his Majesties Commissioner and divers others persons therein and to be full of lies in averring known untruths in wilfull concealing and perverting many truths in wresting of intentions words and actions as is particularly contained in the censure of the book registrate in the Registers of Assembly So they having re-examined the same declares their judgement to be the same there-anent And therefore ordaines the Authours and Spreaders thereof to bee most severely punished according to the Lawes of this Kingdome against liesing-makers betwixt the Kings Majesty and his Subjects slanderers of the King and Kingdome and raisers of sedition and discord betwixt them that all others may be deterred from such dangerous courses Gods honour may be vindicate the innocencie of this Kirk and Kingdome and his Majesties Justice and goodnesse may appeare not onely in censuring such Malefactors but in discouraging all such underminers of his Majesties Throne and abusers of his Royall Name by prefixing the same to such scandalous and dishonourable Treatises ACT XVII STATUTARIE APPOINTING PARLIAments to be holden once every three yeare THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering that by reason of his Majesties ordinary residence forth of this his ancient and native Kingdome the grievances and complaints of his good Subjects cannot have so free and easie accesse to his Majesties eares as the same may be conveniently represented to his Majesties Commissioners and the Estates of Parliament from time to time and how necessary it is that frequent Parliaments be keeped within this Kingdome for preservation of the puritie of the true Religion now by Gods providence established within the same and for the equall and impartiall administration of Justice to all his Majesties Subjects and maintaining of peace and concord amongst them by applying of the true and lawfull remedies to their grievances and complaints and timous suppressing of all abuses and corruptions which otherwayes from small beginnings will grow to great disorders which frequent Parliaments were continually observed in this Kingdome before his Majesties Father of happie memorie went into England Have statute and ordained that every three yeare once at least a full and free Parliament shall be holden and oftner as his Majestie shall be pleased to call them within the bounds of this Kingdome in the most commodious place and convenient time to be thought upon appointed and affixed by his Majestie or his Commissioner for the time and the Estates of Parliament before the ending and closing of every Parliament and to be the last Act thereof And the whole Estates wisheth that as it was their happinesse to have his Majesties presence at all Parliaments while the King had his residence in this Kingdome so that his Majestie would be pleased to be present at each Parliament and they humbly supplicate his Majestie for that effect ACT XVIII ANENT THE KEEPERS OF THE CASTLES Of Edinburgh Striveling and Dumbartane THe Estates of Parliament presently conveened by his Majesties speciall Authority Considering that the commandement of the Castle of Edinburgh wherein the most part of the publike Registers and Records and the Honours of the Kingdome are keeped and siclike the commandement of the Castle of Striviling and Dumbartane being a charge of great weight and importance concerning as well the Kings Majesties honour and safetie as the securitie and safetie of this whole Kingdome ought not to be committed but to such persons as are knowne and approved by the whole course of their life to be true and faithfull Subjects to his Majesty and trustie and well affected Countrey-men loving and tendering the peace prosperitie and good of this whole Kingdome and the preservation and advancement of the true reformed Religion now therein by Gods providence established and professed and intertaining of Unitie betwixt the King and his good Subjects Have therefore statute and ordained and hereby statutes and ordains that the custody and keeping of the saids Castles shall be only intrusted to such persons as are natives
Febr. 1641. Stilo Scotico and given in to the Treaty upon the 5. of the said Moneth And whereas it was desired by the Scottish Commissioners that the English Commissioners would let them know from the Parliament the security manner and termes of Payment of the foresaid summe of three hundred thousand Pounds and of the Arrears due for reliefe of the Northerne Counties It was agreed unto by warrant and order of the Parliament that they should have fourescore thousand Pounds as a part of the foresaid summe of three hundreth thousand pounds with the whole Arrears due to the Army before the disbanding thereof Conforme to the Paper of the 26. of May 1641. and given in to the Treaty upon the 27. of the said Moneth And concerning the security for paying of the remnant of the said sum of three hundred thousand pounds which is Arreare extending to 200 and 20000 Pounds It is resolved and agreed unto by both Houses of Parliament That an act of Parliament of publike Faith shall passe for security thereof And that one moity or equall halfe of the same extending to one hundred and ten thousand Pounds shall be payed at Midsommer in Anno 1642. And the other moity or equall halfe thereof to be payed at Midsommer in Anno 1643. as the order of the houses of Parliament of the 19 25. daies of June 1641. doth more fully purport And in like maner whereas it was desired by the Scottish Commissioners that they might know to whom they should addresse themselves for payment of the summes at the dayes appointed by the Parliament Conform to the Parliaments determination of the 19. of June Secondly at what place the payment should be made Thirdly that a safe conduct may be granted for the secure transporting of the moneys to Scotland at the times of the payment agreed upon It is answered and resolved by the Parliament That these Earles Lords and Commissioners following shall be the persons to whom the Scots shall addresse themselves for the receiving of the summes at the dayes appointed by the Parliament Earl of Bedford Earle of Essex Earle of Warwick Earle of Holland Earle of Stanford Lord Wharton Lord Mandevill Lord Brook Mr. Martin Sir Thomas Barrington Mr. Capell Sir Ar. Ingram Sir Gilbert Gerrard Sir Robert Pye Mr. H. Bellasis Sir Walter Earle Sir William Litton Sir Henry Mildmay Sir Thomas Cheek Sir John Strangewayes Mr. Arthur Goodwine Mr. Hampden Alderman Soam Alderman Pennington Resolved upon the question That the place of payment shall be the Chamber of London Resolved upon the question that a safe conduct shall be granted for the secure transporting of the moneyes to Scotland at the termes of Payment agreed upon at the charge of the Scots Conforme to the Paper June 22. 1641. yeares To the seventh Demand desiring that as his Majestie hath approved the acts of the late Parliament wherein all such Declarations Proclamations Books Libels Pamphlets as have bin made written or published against his loyal and dutifull subjects of Scotland are re-called and ordained to be suppressed and destroyed So his Majesty may be pleased to give order that the same may be suppressed recalled forbidden in England and Ireland and that the loyalty integrity and faithfulnesse of his Majesties subjects of Scotland towards his Majesties Royall Person Government may at the closing of this Treaty of Peace and at the time of publick thanksgiving for the same be made known in all places and all Parish Churches of his Majesties Dominions This was the more earnestly desired confidently expected from his Majesties Justice goodnesse Because no calamity or distresse hath so sore vexed or so deeply wounded the hearts of his Majesties Subjects as that their loyalty and love towards their Native King should have been controverted by the malignancy of bad Instruments brought into suspition And because they unfainedly desire pray for his Majesties happinesse and are resolved by all meanes and at all occasions to deny themselves and what they have for his Majesties Honour As is more fully contained in the Paper of the 8. of February 1641. Stilo Scotico It is answered upon the 10. of February 1641. Stilo Scotico We do agree that all declarations proclamations acts books libels and pamphlets that have been made published against the loyalty dutifulnesse of his Majesties subjects of Scotland shal be recalled suppressed forbidden in England Ireland And that this be reciprocall in Scotland if any such have bin made or published there in prejudice of his Majesties honour And this upon diligent inquiry to be done by the authority of the Parliament next sitting in Scotland of which the Commissioners of Scotland doe promise to have an especial care And we do also agree that when it shall please Almighty God to grant a happy close of this Treaty of Peace the loyalty of his Majesties said Subjects shall be made known at the time of publick thanksgiving in all places particularly in the Parish Churches of his Majesties Dominions Unto which we are the rather induced for that you expresse how deeply it hath wounded the hearts of his Majesties said Subjects that their loyalty love to his Matie their native King should be brought in question suspition Whereas they unfainedly desire pray for his Majesties happines are resolved by all means at all occasions to deny themselves what they have for his Majesties honor 10. Febr. 1641. stilo scotico Concerning the eighth Demand for an happy and durable Peace which is the chiefest of all our desires and unto which all the former seven Articles being now agreed upon are as many Preparations We do first of all desire that all monuments tokens shews of hostility upon the borders of the two kingdoms may be taken away that upon the reasons considerations particularly exprest in the paper of the 10. of Febr. 1641. stilo scotico That not only the Garrisons of Barwick and Carlile may be removed but that the works may be slighted and the places dismantled It is answered and agreed upon the 14. of June That his Majesty is desirous that all things betwixt the Kingdomes of Scotland and England bee reduced into the same state they were in before the beginning of the late troubles And therefore Hee doth give his Assent to the advice of the two Houses of Parliament that the Garrisons of Barwicke and Carlile upon the disbanding of the Scottish Army now in England and of all such Forces as are gathered together in Scotland be likewise presently removed And that the Fortifications of Barwick and Carlile bee also reduced to the same condition they were before the late troubles So that all Fortifications in Scotland bee likewise put in the same condition they were before the said troubles And that the Workes bee not repaired but suffered to decay and that the Ordinance and Ammunition bee removed And that it bee without prejudice to his Majesties
arreare of the brotherly assistance is just and order is given for it accordingly And it shall be communicated with the Scottish Commissioners that it may be a perfect security 10 The tenth for appointing a Quorum for attending the paiment of the money is already moved to the parliament will be done as is desired 11 The eleventh article is very just and order shal be given accordingly for recalling all Proclamations c. and for publick Thanksgiving 12 This Article for the Castle of Edinburgh and other strengths of Scotland is to be setled betwixt his Majesty and the Commissioners of Scotland or by his Majesty and Parliament of Scotland All which Articles are assented unto and approved by his Majestie with advice of the Parliament of England and by the Committees of the Parliament of Scotland and are necessary for publick declaration of mutuall consent and for firme observation to be confirmed and ratified in the Parliaments of both Kingdomes BE it therefore enacted by his Majesty with the assent of the Lords and the Commons in this present Parliament assembled that the said Treaty and all the Articles thereof assented to as aforesaid be and stand for ever ratified and established and have the force vigor strength and authority of a Law Statute and Act of Parliament Like as this afore-written Treaty and whole Articles thereof are by his Majesty and the States of the Parliament of Scotland enacted and ordained to have in all time comming the full force and strength of a true and perfect security and Act of the said Parliament And his Majesty for himselfe and his Successors doth promise in verbo principis never to come in the contrair of this Statute Sanction nor any thing therein contained but to hold the same in all points firme stable and shall cause it to be truly observed by all his Majesties Leiges according to the tenor and intent thereof for now ever Like as the Parliament of both Kingdomes give full assurance and do make publick faith in name of both Kingdomes respectively for the true and faithfull observance of this Treaty and whole Articles thereof inviolably hinc inde in all times to come Like as his Majesty with advice of the estates of Parliament commands the clerke of Parliament to insert and registate the same in the bookes of Parliament and to give the extract of this Act under his hand to the director of the chancellary Whom they command to write the same to the great Seale and the keeper of the great Seale to append the great Seale thereto And declares that the same being so sealed and returned to the Parliament of England is and shal be unto them a full and perfect security By this their act given at Edinburgh the 26. of August 1641. yeares ACT. VII ACT DISCHARGING JAMES BANNATINE His patent of the pearling Ultimo Augusti 1641. OUr Soveraign Lord and Estates of Parliament having read and considered the reasons grievances and prejudices given in and complained upon in this present Parliament against the gift and patent granted to James Bannatine in leith anent the pearling and finding the famine gift and patent hurtfull and prejudicial to the country and lieges Have therefore rescinded retreited cassed annulled and discharged and by the tenour hereof rescinds retreits casses annuls and discharges simpliciter the foresaid gift patent granted to the said James Bannatine anent pearling And declares the famine gift and patent to be extinct null and ineffectuall in all time comming And also our said Soveraigne Lord with advice and consent of the estates of Parliament prohibits and discharges all importation and inbringing of forraigne pearling within this kingdome in any time comming under the paine of confiscation thereof to his Majesties use And siclike our said Soveraigne Lord with advice foresaid renewes the act of Parliament made in anno one thousand six hundred twentie one yeares Intituled anent banquetting and apparell in the second head and article thereof viz. That no person of whatsoever degree shall have pearling or ribbining upon their ruffes bands serkes napkins and socks except the persons priviledged in that act And the pearling and ribbining to be so wome by them if any be to be of these made within the kingdome of Scotland under the pain of an hundered pounds toties quoties as the said act in that article thereof beares And ordains the famine act in that head and article foresaid to have ful strength force and execution and to stand as a Law conforme to the tenour thereof ACT VIII ACT DISCHARGING UNLAWFULL Marriages 1. September 1641. OUr Soveraign Lord and Estates of this present Parliament considering the great abuse and dangerous evill that hath followed and may follow upon frequent marriages of the persons Inhabitants within this kingdome going to the neighbour Kingdomes for getting themselves married there which they could not obtaine in this Kingdome by the lawes and constitutions thereof Therefore and for remedy of that evill and for preventing such in time comming prohibites and discharges all men and women having both their ordinary residence within this Kingdome to get marriage to themselves with others within the Kingdome of England or Ireland without Proclamation of Banes here in Scotland and against the order and constitutions of this Church or Kingdome under the paies following viz. for ilk Nobleman so married one thousand pounds for ilk landed Gentleman one thousand markes for ilk Burges five hundred pounds and for ilk other substantious person five hundred marks for a Yeoman one hundred pounds for ilk person of inferiour qualitie one hundred marks The one halfe of the which penalties shall belong to the King the other to the Parish or Parishes where the married parties did reside And ordains the King and Kirks Advocate to pursue before the civill Judge therefore And in case of the poore condition of any man married in manner foresaid Ordains him to be punished by stocks or irons Which paines corporal and pecunial shall no wayes be prejudiciall or derogate from the order and censures of the Kirk to be inflicted against the delinquents ACT IX ACT ANENT NON-COVENANTING Patrons 2. September 1641. OUR Soveraign Lord and Estates of Parliament considering that all his Majesties subjects within this Kingdome are by Acts of Parliament ordained to subscribe their Nationall Oath and Covenant Therefore his Majestie and Estates ratifie and approve the Act of Parliament made by his Majesties dearest Father of blessed memorie Parl. 1. c. 9. whereby it is ordained that no person be Judge Procurator Notar or Member of Court who professeth not the true Religion together with the Act of ratification thereof with the addition and declaration thereof therein contained made by his Majesties said umwhile Father Parl. 20. cap. 3. And finds and declares that the saids Acts shall be extended to all persons whatsoever who have not subscribed or refuse to subscribe the said National Oath and Covenant And such like
book wherein all comprisings shall be recorded in manner above written for the which allowance and recording of the said comprising in manner above-written the clerk shall have forty shillings for the whole record of ilk comprising and allowance And siclike for the extract of ilk record of the saids comprisings that shall be extracted under the said clerk his hands Our Soveraign Lord and Estates ordaines the summe of twenty shillings for every extract to be payed to the said clerk of the bils as due price competent to him therefore Which summe the said clerk shall not transcend under the paines contained in the acts of Parliament ACT LV. ACT DISCHARGING THE LORDS OF Session to exact twelve pennies for the pound and all other exactions 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament Considering that the Senators of the Colledge of Justice are sufficiently provided by His Majesty and Estates for serving their places without further burden of the Lieges Therefore His Majesty and Estates foresaids discharges in all time comming all sentence silver twelve pennies of the pound and other exactions imposed upon sentences and decreets to be pronounced by the saids Judges And discharges all Acts Statutes and Ordinances made for payment thereof With power alwayes to the saids Judges to modifie such charges to the parties in whose favours the saids decreets and sentences shall be pronounced as in equity and conscience they shall think reasonable and as the malicious and wilfull pleyars pursuers or defenders shall deserve ACT LVI ACT ANENT PARDON OF PENALL Statutes 16. November 1641. OUR Soveraign Lord considering that the precise and rigorous exaction of the paine arbitrary and pecuniall adjected to penall Statutes heretofore made would prove a burthen to his Majesties Lieges heavie and insupportable if by his Majesties Grace and Favour they should not bee eased and liberate of the same In consideration whereof his Majesty being willing to give ease and reliefe to his Subjects of the foresaid burthen Hath therefore been graciously pleased with consent of the Estates of Parliament to discharge freely pardon and remit and by these presents discharges freely pardons and remitts all contraveeners of any of the said penall Statutes for all deeds done by them contrary to the tenour of the same Statutes in time by-gone Except onely the Statutes concerning the unlawfull taking of usury transporting of money and gold slaying of red and blacke fish with the penalties incurred by the concealers of annuall rents and wrongous up-givers of the inventars of their money which are no wayes discharged by this present Act nor comprehended under the same ACT LVII ACT IN FAVOURS OF ORPHANES Fatherlesse and others 16. November 1641. OUR Soveraign Lord with the advice and consent of the Estates of this present Parliament Understanding many pitifull effects daily found and encreasing Anent the misery and poverty of Orphanes and Fatherlesse children to have beene occasioned in this manner That many ignorant people the time of the acquiring to them of bands contracts and other securities for payment of summes of money takes the famine to them their herres executors and assignes with clause and condition of payment of annuall rent therefore during the not payment of the said principall summe meaning thereby that the famine should no wayes remaine unprofitable during the not payment thereof And no wayes that the said clause or condition should make the said summes and securities thereof to pertaine to the heire in prejudice of their bairnes and others nearest of kinne by the heire whereas by the contrary by the interpretation now observed all such summes and securities bearing annuall or profit are exponed to bee heretable after the terme of payment and to pertain to the heire so that thereby the rest of the children nearest of kinne and others having interest are altogether therefrom secluded and left pitifully unprovided of any meanes to live on As also the saids bands and contracts are very oft fraudfully concealed and abstracted and never knowne to the true owner thereof that in due time they might make use of the same Which is against both equity and conscience and the intention of the party acquirer of the saids securities whereby great number of orphanes fatherlesse children and others that are so prejudged of that 's due to them eitherby their naturall portion or otherwayes adebted are brought to great poverty and misery and forced to become beggars which is oft found by pitifull experience For remeed whereof our said Soveraigne Lord with advice of the saids Estates statutes and ordaines That all contracts or bands for summes of money payable to parties with condition of payment of annuall-rent or profit made at any time hereafter shal be holden and estimate to pertaine to the bairnes and nearest of kinne to the defunct except seasing follow thereupon in the life time of the creditor acquirer thereof or that by the tenour of the band or contract the famine be conceived to be payable to the heires and assigns secluding the executors or other waies that the said band or contract bear per expressum oblishment to infest in either of the which excepted cases ordaines the saids summes to be heretable and pertaine to the heir and out with the saids excepted cases ordaines the said sums to be confirmed by the executor without payment of any quote for the famine And that to the end the nearest of kinne and others having interest as said is be no wayes frustrate of what may be due to them nor yet the said bands or contracts fraudfully concealed and abstracted from them every one of them for their owne parts Providing alwayes that by vertue of this present act The bands or contracts hereby ordained to pertaine to the nearest of kinne to the defunct and to be confirmed shall not fall under the compasse of escheat nor yet any part thereof pertaine to the relick jure relictae But shall remaine in the owne nature quo ad siscum et relictam as they were before the making of this act ACT LVIII ACT ON FAVOURS OF THE VASSALS Of ward Lands holding of the King and Prince 16. November 1641. OUr Soveraign Lord and Estates of Parliament Taking to consideration the bounty and benevolence of his Majesties most noble progenitors King James the 2. and King James the 4. in giving their vassalls Liberty to set their ward lands few and herewith also remembring that by the 16. act of his Majesties first parliament anno 1633. his Majesty and the prince his highnes their vassals of ward lands are altogether secluded from that benefit of his Majesties bounty and benevolence foresaid which prejudice is by the 37. act of the session of this present parliament holden in June 1640. yeares recommended to be considered at the next meeting thereafter of the said parliament and during that interim the force and execution of the said act 1633. is suspended and suppressed And now his Majesty being gratiously pleased
absence of the said Lord Chancellour it is declared that it shall be lawfull to any nine or moe of the Councell conveened in the ordinar place and at the indicted time of meeting to choose one of the number conveened who shall preside at the meeting al 's oft as the Lord Chancellour shall be absent And his Majesty and Estates considering that the often absence of the most part of the Councell and their not attendance upon the charge and trust concreded unto them will be a great impediment and hinderance to his Majesties service Therefore his Majesty with advice foresaid declares that it is his speciall pleasure and command that the Lord Chancellour or President of the Councell to be elected as said is doe see and provide that the Councell be frequent specially in great and weighty matters of Estate And if upon occasion that requires the number of the Councell to be more full then the said Quorum the Lord Chancellour or President to be elected in manner foresaid shall write to such others of the Councell as they think fit to be present and give their attendance In which case if any disobey without a licence obtained from his Majesty or the Quorum of the Councell or without some reasonable cause either of which shall excuse their absence then and in that case his Majesty with advice foresaid wils that the absent shall be censured by the said Councell as a neglecter of his Majesties service and that his Majesty be advertised thereof And it is declared that if any of the saids Councellours places vaiks by decease dimission or deprivation that his Majestie in the interim shall nominate another of the same degree and quality in the vacant place with advice of the most part of the Lords of Privie Councell they being all present at the said election at the least lawfully warned to that effect upon fifteene dayes warning conforme to the Act of Parliament made thereanent Which election made in the interim as said is shall be allowed or disallowed by his Majestie with consent of the Estates in the next ensuing Parliament as they shall think expedient And al 's his Majesty with consent of the saids Estates gives power to the saids Lords of Secret Councell or any nine of them as said is to set down such rules and orders for their meetings and attendance and spaces and times thereof as they shall resolve appoint and ordaine amongst themselves And wils and declares that the saids Lords of Secret Councell now nominate as said is and these who shall be surrogate in their places in the interim in manner foresaid shall have bruik and enjoy their places ad vitam vel ad culpam and shall be liable to the censure of his Majesty and the Estates of Parliament anent their proceedings therein firme and stable holding whatever by the saids Lords or any nine of them as said is shall be lawfully done in the premisses And decernes and ordaines all his Majesties lieges and subjects to reverence acknowledge and obey the saids Lords of his Majesties councell in all things concerning the charge and trust committed to them as said is under all highest paine and charge which after may follow And this Commission to indure to the next Parliament and longer ay and while the same be expresly discharged ACT LXVI ACT DISCHARGING THE CUSTOME Of two and an halfe of the hundred and the Impost of foure pounds on the Tunne 17. November 1641. OUR Soveraign Lord and Estates of Parliament considering that the prices of all Merchandize doe daily rise to exceeding great dearths which is alledged to bee occasioned through extraordinary Customes and Impositions For remeed whereof his Majesty with advice and consent of his saids Estates doth discharge all and sundry whatsoever Customes and Impositions exacted by the Customers which are not allowed and approved by the Acts of Parliament and especially the late Custome of two and an halfe per Centum and late new Imposition of foure pound upon the Tunne of wine and all raising of his Majesties Customes directly or indirectly without consent of Parliament And because that the too much troubling of Merchant estate and drawing of Masters and Mariners from their ordinary charges doth much impede the trade Therefore his Majesty with advice and consent foresaid discharges the taking of Merchants Masters and Mariners oaths in the matter of Customes and to the end that the subject of trade may not be restrained with unnecessary customes therfore his Majesty with consent foresaid declares that all goods and Merchandize imported from forraine places to this kingdome and out paying inward Custome shall be free of all outward Custome according as is used in England and Ireland Like as his Majestie declares that he consented to the Act above written upon this condition that commission and warrant be granted to the Exchequer to establish the Booke of Rates according as the prices of merchandize now rules and his Majesty permitted the option to the Burrowes Whereupon the Burrowes having advised they made choice to be ruled by the Booke of Rates anent the Customes and consented that Commission should be granted to the Exchequer to establish the Booke of Rates according as the prices of Merchandize now rules In respect whereof our Soveraigne Lord and Estates of Parliament ordaine a Commission to be drawne up to the Exchequer to the effect foresaid and extracted thereupon for establishing the Booke of Rates according as the prices of Merchandize now rules And therefore our said Soveraigne Lord and Estates of Parliament ordaines the Act above mentioned to stand as a law in manner and to the effect before rehearsed ACT LXVII ACT IN FAVOURS OF MINORS ANENT The duties of the lands comprised from them 17. November 1641. OUR Soveraigne Lord with advice of Estates of Parliament ratifies and approves the Act of Parliament made in August 1621. cap. 6. in so farre as the famine concernes Minors and declares that the true meaning thereof was and is that Minors having right to the legall reversion should be no further obliged than during their minoritie of 21 yeares of age but allanerly for the annuall rent of the summes contained in the comprisings and that they tyne not the right of the superplus of the mailes and duties of the lands so farre as the famine exceeds the said annuall rents induring their said minoritie ACT LXVIII ACT ORDAINING THE COMMISSIONERS For the Thesaurarie 17. November 1641. OUR Soveraign Lord Considering that His Majesty was lately pleased to condescend to the humble desire of His Majesties Estates of Parliament to nominate by their advice and approbation His Officers of Estate of whom his Majesties high Thesaurer is one And that His Majesty for the present is not resolved upon the nomination of any particular person to enjoy the said place but hath with advice of the saids Estates taken present course to supply the want of a principall Thesaurer by a Committee Therefore His Majesty with consent
rights led and done And ordaines all such services as are to be led deduced hereafter for serving of the heires of the vassals of the lands and others foresaids as heires in the famine lands to be served heires thereintill to be holden of the Kings Majesty and His Successours foresaids as their superiours of the famine Lands and others above mentioned in all time coming with this provision that the few duties of these lands holden of the chapters now retained in titulo shall pertaine and be payed them during the present titulars life-times And it is declared that this present act shall not be prejudiciall to the infestment granted by his Majesty to the Duke of Lennox of the superiority of the whole Lands and Barronies which pertained to the temporality of the Arch-bishoprick of Glasgow but that the said infestment shall stand vallid in the selfe and the vassals to hold their Lands of the said Duke of Lennox and his Successours as their superiours thereof in time coming And also declares thir presents neither act nor reservation foresaid shall not be extended to the Deanrie or Sub-deanrie of Glasgow nor nothing holden of the Dean or Sub-dean As also but prejudice to the Earle of Lauderdaill of his infestments of Stobo and Ettilstoun which is no wayes prejudged by this act nor reservation foresaid Providing that this provision shall not better nor strengthen the Earle of Lauderdails right and infestment foresaid But the famine to be in that famine condition as before the date of thir presents ACT LII COMMISSION FOR REVISING OF The Registers 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering that this long time by-gone the Registers and Records of Parliament have not beene visited so that some of the ancient Records might have been abstracted vitiate or disordered Therefore our Soveraigne Lord and Estates foresaids gives full power and Commission to the persons following viz. the Lord Chancellour the Earle of Argyle Earle of Lauderdaill and Clerk Register to meet when the Lord Chancellour shall appoint To take inspection and revise and looke over all the whole Registers and Records of Parliament aswell these in the Castle as these in other mens custodie and to call for the old Inventars thereof and compare them with the Registers and to make two new authentick Inventars thereof without copying of the saids Registers and Records Which Inventars shall be subscribed by the most part of the visitors the one whereof shall be delivered to the Clerk Register to bee kept by him the other Inventar shall be laid up either with their Honours or some other lockfast place whereof the Lord Chancellour for the time shall keep the key and to cause make presses boxes buists or other necessaries fitting for keeping of the saids Registers and Records And also to consider of the place and house where the saids Registers lie and to advise and appoint the best wayes and meanes for preserving and sure custodie of the saids Registers and Records With power also to them to mark and observe any defect or wants in the saids Registers and Records and the vitiations thereof if any be And siclike to marke number and put in perfect order the saids Registers and Records with power also to make a perfect Index of all the unprinted Acts of Parliament which doe not concerne particularly private persons but such as import and concerne only generally the whole lieges And siclike gives full power to the persons foresaids to lay up the principall late Treatie amongst the saids Records and Registers and generally to doe all and sundry other things whereby the saids Registers and Records may be preserved and their perfections or imperfections may be notified And ordaines them to make report of their faithfull and exact diligence hereintill at the next Parliament And our Soveraigne Lord and Estates foresaid declares thir presents is no wayes prejudiciall to the Clerk Register of receiving keeping and using of the saids Registers and keyes thereof in the meane time conforme to his right and place ACT LIII ACT ANENT COCQUETS AND ENTRIES of Ships modifying the entrie to 23. shillings 4. pennies and the Cocquet to 40. shillings 16. November 1641. OUR Soveraigne Lord and Estates presently conveened understanding there are divers 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 summes of money than 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 Soveraigne Lord with advice and consent of the Estates ordains that there be no greater price exacted for entring their Ships and Goods then the summe of twenty three shillings foure pennies and for the said Cocquet then the summe of fourty shillings and that the keepers of the said Cocquet attend by themselves or their servants diligently and readily to answer and give out Cocquets to all Merchants and Masters of Ships under paine of losing their place whensoever they shall be found either to exact more then the said summe above written or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same ACT LIV. ACT ANENT DISCHARGING THE Registration of comprisings and appointing the recording and allowing of comprisings and prices thereof 16. November 1641. OUR Soveraigne Lord and Estates of Parliament having taken to their consideration that the registration of Comprisings hath put the lieges to great needlesse and unnecessary charges and expences and that the famine doth neither adde to the validity of the Comprisings nor to the benefit of the Comprisers And therefore have discharged and by the tenour hereof discharges all registration of Comprisings together with all gifts Acts of Councell and others warrants consuetude or custome whatsoever granted or observed thereanent And declares that the famine Gifts Acts of Councell and others warrants consuetude or custome to be null and of none availe force nor effect in all time comming And siclike our Soveraign Lord and Estates of Parliament considering that a short Record of all Comprisings of lands and rents heritable bands contracts reversions and others and legals thereof viz. of the comprisers names and designations The defenders names the debt for the which the comprising is used the lands and others comprised the Maissers and Clerks names the times of the denunciations and executions and witnesses thereto and date of the comprisings and of the superiours of the lands comprised is very necessar for the Lieges their informations Therefore statutes and ordaines that all comprisers shall be obliged to bring their comprisings to the clerk of the Bils within threescore dayes after the date of the comprisings to the effect that the famine may be allowed by the Lords of Councell and Session At the which time ordaines the said clerk to the bils to make a record of the saids comprisings in a