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A58642 The laws and acts of the second Parliament, of our most high and dread soveraign, Charles the Second by the grace of God, King of Scotland, England, France and Ireland, defender of the faith begun at Edinburgh, the 19. of October, 1669. By a noble Earl, John Earl of Lauderdail, Viscount Maitland, Lord Thirlestane, and Bolton, &c. His Majesties Commissioner for holding the same, by vertue of a commission under His Majesties Great Seal of this kingdom: with the special advice and consent of the Estates of Parliament. Extracted from the records of Parliament, be Sir Archibald Primerose of Chester, knight and barronet, clerk to His Majesties Council, Registers and Rolls.; Acts. Scotland.; Primrose, Archibald, Sir, 1616-1679. 1679 (1679) Wing S1272; ESTC R217871 33,600 49

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THE LAWS AND ACTS OF THE SECOND PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh the 19. of October 1669. By a Noble Earl John Earl of Lauderdail Viscount Maitland Lord Thirlestane and Bolton c. His Majesties Commissioner for holding the same by vertue of a COMMISSION under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted from the Records of Parliament be Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His Majesties Council Registers and Rolls Edinburgh Re-Printed by the Heir of Andrew Anderson Printer to the Kings Most Excellent Majesty Anno Dom. 1679. CVM PRIVELEGIO CR HONI SOIT QUI MAL Y PENSE LAWS and ACTS made in the second PARLIAMENT our our most High and Dread Soveraign CHARLES the Second by the Grace of GOD King of Scotland England France and Ireland Defender of the Faith I. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical November 16. 1669. THe Estates of Parliament having seriously considered how necessar it is for the good and Peace of the Church and State That His Majesties Power and Authority in relation to Matters and Persons Ecclesiastical be more clearly asserted by an Act of Parliament Have therefore thought fit it be Enacted Asserted and Declared Likeas His Majesty with Advice and Consent of His Estates of Parliament do hereby Enact Assert and Declare That His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom and that by vertue thereof the Ordering and Disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors as an inherent Right to the Crown And that His Majesty and His Successors may Settle Enact and Emit such Constitutions Acts and Orders concerning the Administration of the External Government of the Church and the Persons imployed in the same and concerning all Ecclesiastical Meetings and Matters to be proposed and determined therein as they in their Royal Wisdom shall think fit Which Acts Orders and Constitutions being recorded in the Books of Council and duly published are to be observed and obeyed by all His Majesties Subjects any Law Act or Custom to the contrary notwithstanding Likeas His Majesty with Advice and Consent foresaid doth Rescind and Annull all Laws Acts and Clauses thereof and all Customs and Constitutions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacy as it is hereby asserted And declars the same void and null in all time coming II. ACT concerning the Militia November 16. 1669. FOrasmuch as by divers ancient Laws an Acts of Parliament made in the Reigns of His Majesties Royal Ancestors it is Statute and Ordained That Weapon-showings be holden in ilke Shire several times in the year at which the Lieges are appointed to be harnished and armed according to their qualities and degrees as at length is specified in these Acts. And it being declared by the fifth Act of the first Session of His Majesties late Parliament That it is His Majesties Prerogative-Royal and undoubted Right to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwayes disposing thereof as He shall think fit As also the Estates of Parliament of this Kingdom in recognisance of His Majesties Royal Prerogative foresaid and in a further acknowledgement of their duty Having by the twenty fifth Act of the last Session of the foresaid Parliament made offer to His Majesty of twenty thousand Footmen and two thousand Horsemen sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportion exprest in that Act to be in readiness as they shall be called for by His Majesty to march to any part of His Dominions of Scotland England or Ireland for any service wherein His Majesties Honour Authority or Greatness may be concerned And His Majesty finding it expedient that the foresaid number of Foot and Horse should be modelled and trained in military discipline to the effect they might be in greater readiness and fitness for His Majesties Service when they should be called for Having by advice of His Privy Council constituted and settled a Militia of Horse and Foot in many Shires of the Kingdom according to the proportions mentioned in the foresaid Act and in some other Shires a Militia of Horse only having thought fit in this exigent for important reasons to change their Foot into a proportion of Horse suteable to the charge of their proportion of Foot And having nominated and appointed the Collonels and Lieutenant-Collonels of Foot and Captains of Horse And the Lords of Prvy Council having by His Majesties Order and Warrand appointed Commissioners of the Militia in the several Shires ordered the election of the inferiours Officers appointed particular dayes of Rendezvous the way of listing of Foot-souldiers ordered fit allowances to be given to the Foot and Horsemen every day of the Rendezvous That Collours Standarts Drums and Trumpets be provided at the charge of the Shire and having given several other Orders and Instructions concerning the ordering and disposing of the Militia The Estates of Parliament do in all duty acknowledge His Majesties singular Wisdom and tender Care of this His ancient Kingdom in constituting and settling the foresaid Militia Likeas His Majesty with advice and consent of His Estates of Parliament doth Ratifie and Approve the constitution and model of the Militia as the same is established by His Majesty with advice of His Privy Council And particularly their appointing dayes for Rendezvous ordering fit allowances to be given to the Foot and Horsemen the saids dayes of their Rendezvous And all Acts Commissions Orders and Instructiones past and emitted by the Council concerning the Militia and their whole proceedings relating thereto And Statutes and Ordaines that in all time coming there be allowed to each Footman six shillings Scots and to each Horseman eighteen shillings Scots every day of the Rendezvous to be payed be the Heretors And that the said six shillings to be payed to the Footmen be refounded to the Heretors by the men-tennents and servants for whom the Footmen are put out and who are not listed in the Militia And also Statutes and Ordaines that the Rendezvous be punctually keeped that Horse and Foot be duely outreiked and sufficiently armed that Fractions with their proportions of the price of the Collours Drums Standarts and Trumpets be timeously payed Likeas His Majesty with advice foresaid doth give power and warrand to the Commissioners of the Militia in the respective Shires to fine parties for the Souldiers absence from the Rendeizvous not exceeding six pounds Scots for the Horsemen and two pounds Scots for the Footman absent
without calling or hearing of such as may be thereby concerned and prejudged Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in maner foresaid shal not prejudge any third party of their lawful Rights nor of their Actions and Defences competent thereupon before the making of the said particular Acts and Acts of Ratifications And that the Lords of Session and all other Judges within this Kingdom shall be oblieged to judge betwixt Parties according to their several Rights standing in their persons before the making of the saids Acts All which are hereby exponed and Declared to have been made Salvo jure cujuslibet XVII ACT of Adjournment December 23. 1669 THE Kings Majesty Declares this Parliament current and adjourns the same to the eight of June next to come Ordaining all the Members of Parliament to attend that day and that there be no new Election of Commissioners from Shires or Burroughs except upon the Death of some of the present Commissioners A LIST of the Printed ACTS past in the PARLIAMENT keeped at Edinburgh in October 1669. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical Page 3 2. Act concerning the Militia Page 5 3. Act for registration of Instruments of Resignation ad remanentiam Page 9 4. Act concerning poinding before the dayes of the Charge expire ibid. 5. Act for the security of the persons of Minister Page 10 6. Act for the ordering of Suspensions of the Benefices and Stipends of the Clergy Page 11 7. Act for Naturalization of Strangers Page 12 8. Act concerning the Bullion Page 14 9. Act concerning presciptions Page 18 10. Act concerning Interuptions Page 19 11. Act concerning the forfeiture of persons in the late Rebellion Page 20 12. Act concerning the Excise and Customs Page 22 13. Act for annexation of Orknay and Zetland to the Crown Page 28 14. Act concerning the Exportation of Corns Page 32 15. Act for regulating the prices of Ale and Drinking-beer and Maltmen Page 33 16. Act for repairing High-wayes and Bridges Page 35 17. Act anent inclosing of Ground Page 39 18. Act concerning adjudications Page 40 19. Act concerning the Confirmation and Quots of Testaments Page 41 20. Act for inbringing of publick Dues from the Northern Shires Page 43 21. Act Salvo jure cujuslibet Page 44 22. Act of Adjournment ibid. A LIST of the Acts and Ratifications past in in this first Session of His Majesties second Parliament and which are not here printed Rotestations by some Noblemen and others Commissioners from Shires and Burghs concerning their precedency in the Rolls of Parliament His Majesties Letters to the Parliament concerning the Union of the Kingdoms of Scotland and England with the Parliaments Answers Act anent the election of Commissioners from Shires Act for continuing the Imposition for upholding the Caussa of Couiemonth Acts for yearly Fairs and Weekly Mercats to some Noblemen and others Protestation by the Earl of Nithisdale that the forfeiture of Mcklelland of Balmagachan should not prejudge him Protestation by the Vassals of Orknay that they be not prejudged be the present annexation thereof to the Crown Protestation in name of the Duke of Lenox that this annexation do not prejudge his right of Admiralty in Orknay Protestation by the Lord Advocate contra these two Protestations Commission anent the regulation of the Commissar and Sheriff-Courts and other inferiour Courts of Justice Act suspending the payment of publick Debts Protection to William Dick. Ratification in favours of the Duke and Dutchess of Hamiltoun Protestation by the Town of Linlithgow against the same Protestation by the Duke of Hamiltoun in the contrair Two Ratifications in favours of the Earl of Argyl Protestations be the Earl of Errol and others against the same Protestation be the Earl of Argyl in the contrair Ratification in favours of the Lord Newbyth Ratification in favours of Mr. John Young of Leny Ratification in favours of Thomas Moncrief of that ilk Ratification in favours of the Earl of Kellie Ratification in favours of the Lord Stair Ratification in favours of Sir Andrew Fletcher of Aberlady Ratification in favours of Mr. Andrew Oswald and his Son Two Ratifications in favours of Sir John Nicolson of that ilk Ratification in favours of Mungo Graham of Gorthie Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Earl of Perth Ratification in favours of the Earl of Roxburgh Ratification in favours of Sir Alexander Frazer of Dorrs Ratification in favours of Sir Robert Cunningham of Achinharvy Ratification in favours of William Murray of Ochtertyre Ratification in favours of Sir James Drummond Ratification in favours of Sir John Forbes of Wattertoun Protestation in name of the Town of Aberdeen against the same Ratification in favours of the Earl of Tweedale Ratification in favours of Sir Hary Bruce of Clackmannan Ratification in favours of Sir Alexander Don of Newtoun Ratification in favours of Sir Patrick Home of Polwart Ratification in favours of Sir Charles Erskine of Cambo Ratification to him of his Office of Lyon King at Arms. Ratification in favours of Sir Philip Anstruther Ratification in favours of David Fothringhame of Pourie Ratification in favours of the Earl os Middleton Ratification in favours of the Earl of Dundonald Ratification in favours of the Lord Lee. Ratification in favours of Sir John Keith of Caskieben Ratification in favours of the Master of Ross Ratification in favours of John Forbes of Cullodin and his Son Ratification in favours of David Blair of Adamtoun Ratification in favours of William Hamiltoun of Wishaw Ratification in favours of George Dundas of that ilk Ratification in favours of Sir William Ker of Hadden Ratification in favours of Thomas Boyd of Pinkill Ratification in favours of the Minister of North Lieth Ratification in favours of Hugh Wat. Ratification in favours of the Town of Bervie Ratification in favours of Sir Adam Blair of Carberry Ratification in favours of George Fullertoun Ratification in favours of David Philp of Overcarnbie Ratification in favours of Mr. Robert Deens of Longhirdmistoun Ratification in favours of the Earl of Annandale Protestation in name of the Viscount of Stormont against it Protestation be the Earl of Annandale in the contrair Ratification in favours of Sir John and Sir Robert Dalyells Ratification in favours of Mr. John Wishart Ratification in favours of the Earl of Linlithgow Ratification in favours of Sir John Nisbet Lord Advocat Ratification in favours of Alexander Brodie of Letham c. Ratification in favours of Sir William Purvess of Woodhouslee Ratification in favours of the Girdle-makers of Culross Ratification in favours of James Stewart of Torrence Ratification in favours of the Lord Drumlanrig Ratification in favours of the Viscount of Stormont Ratification in favours of Lieutenant-General Drummond Ratification in favours of Sir William Bruce of Balcaskie Ratification in favours of the City of Glasgow Protestation be the Town of Ruglin against it Ratification in favours of the Town of Forfar Ratification in favours of Mr. Andrew Burnet of Weristown Ratification in favours of Sir John Aitoun of that ilk Remit for the Viscountess of Stormant Lord Drumlenrig and Laird of Ednem Act for an Imposition to be uplifted at the North-water Bridge Prorogation of the Imposition for the Bridge of Sauchtenhall Act for changing the Way at Walter Chiesties House at Dalry Recommendation for the Heretors of the Sheriffdom of Berwick concerning their fishing on Tweed Commissions for the fishings in the Waters of Spey and Divern Act anent the Fishings on Spey c. Commission for improving of Trade Act discharging the Custom of Books Act anent the Kirks of Kinneil and Burroughstounness Act concerning the Losses of the Town of Dundee Recommendation in favours of the Masters of the Scots Incorporation at London Continuation of the Lady Bramfords business FINIS
poind therefore in manner foresaid and apply the same for the use of the saids High-wayes With power also to the said Justices to call for an accompt of all Destinations and Mortifications to Bridges Causa's Ferries or High-wayes and to cause the intrometters therewith that have not applyed the same to these proper ends to make payment thereof to such persons as they shall appoint to be imployed to the uses for which the same were destinat Likeas His Majesty Ordains the Conveener of the saids Justices to give a particular accompt under his hand of what progress is made in the reparation of the saids High-wayes Ferries and Bridges upon the third Tuesday of July next to come and so forth yearly to the Lords of His Majesties Privy Council who are hereby impowered to grant Letters of Horning and Poinding for the effects foresaid if need be And further His Majesty with consent foresaid gives power to the saids Lords of His Majesties Privy Council to Ordain the levying of moderat Customs at Bridges Causa's or Ferries for the building repairing and upholding thereof in case the saids Stent shall not be able to accomplish the same and to appoint the endurance thereof as they shal see cause With power also to them that in case the saids Justices and Heretors failȝie in the performance of the things by this Act committed to them so that the High-wayes shall not be sufficiently repaired nor Bridges and Ferries sufficiently provided for to take such course for making the same effectual as they shall judge expedient and to punish the saids Heretors and Justices as their neglect shall deserve With power likewayes to the saids Lords of Privy Council to appoint and commissionat Overseers for putting the premisses in execution where they shall see cause which Overseers so appointed shall have the same power as is by this present Act committed to the Justices of Peace foresaid And farther His Majesty Ordains that where laboured Land lyes upon the sides of High-wayes the said laboured Land shall be fenced with Dike and Ditch or Hedge yet so as neither Dike nor Ditch nor Hedge nor any part thereof be within the forementioned breadth appointed for the High-way And in case any laboured Land so lying shal not be fenced betwixt and the first day of August one thousand six hundred and seventy one then and in that case the saids Justices are hereby authorized and required to cause poind in manner foresaid the Labourers of the said Land for four shillings Scots for each eln which shall not be so fenced after the said time and to apply the said fines for the fencing thereof in manner foresaid Likeas it is hereby Declared that whatsoever stones rubbish dung or other impediments beis thrown or found lying upon the saids High-wayes or water turned in or dammed thereupon shall be esteemed and held as done by the Labourers of the Land next adjacent to the High-wayes where the damage is done who shal be fined therefore be the said Justices and Overseers Reserving right to the saids Labourers to call before the saids Justices any other for their relief who have been the real actors of the skaith XVII ACT anent inclosing of Ground December 23. 1669 WHereas by the fourty one Act of the first Session of His Majesties first Parliament entituled Act for planting and inclosing of Ground It is provided that where Inclosers fall to be upon the borders of any mans Inheritance the next adjacent Heretor shal be at equal pains and charges in building ditching and planting that Dike which divides their Inheritance And the Estates of Parliament considering the inconveniency and difficulty the execution of that part of the said Act may meet with in Lands marching together where the Marches are crooked and unequal or where any part of the bordering Ground is unfit or uncapable of bearing a Dike or receiving a Ditch or hinders the compleating of the Inclosure in an equal line For remeid whereof His Majesty with advice and consent of the said Estates doth Statute and Ordain That whensoever any person intends to inclose by a Dike or Ditch upon the March betwixt his Lands and the Lands belonging to other Heretors contiguous thereunto it shal be leisome to him to require the next Sheriffs or Bailiffs of Regalities Stewarts of Stewartries Justices of peace or other Judges Ordinar to visit the Marches alongst which the said Dike or Ditch is to be drawn who are hereby authorized when the said Marches are uneven or otherwayes uncapable of Ditch or Dike to adjudge such parts of the one or other Heretors Ground as occasion the inconveniency betwixt them from the one Heretor in favours of the other so as may be least to the prejudice of either party and the Dike or Ditch to be made to be in all time thereafter the common March betwixt them and the parts so adjudged respective from the one to the other being estimat to the just avail and compensed pro tanto to decern what remains uncompensed of the price to the party to whom the same is wanting And it is hereby Declared that the parts thus adjudged hinc inde shall remain and abide with the Lands or Tennandries to which they are respective adjudged as parts and pendicles thereof in all time coming XVIII ACT anent Adjudications December 23. 1669 OUR Soveraign Lord taking to consideration that by several Acts of Parliament and constant Practick of the Kingdom there is one years Rent of all Lands Annual-rents or others apprised due and payable to the Superior of the saids Lands and others before he be holden to enter and infeft the Compriser and that there is the same reason in cases of Adjudications as Apprisings Therefore His Majesty with advice and consent of the Estates of Parliament Statutes Ordains and Declares That the Superiors of Lands Annual-rents and others adjudged shall not be holden to grant any Charter for infefting the Adjudger till such time as he be payed and satisfied of the years Rent of the Lands and others adjudged in the same manner as in Comprisings And Declares that in all cases Adjudications shall be in the like condition with Comprisings as to Superiours XIX ACT concerning the Confirmation and Quots of Testaments December 23 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains That it shal be lawful to Executors at the confirmation of the Defuncts Testament to give up the Debts owing be the Defunct and that the Quot be only payed for the free Geer the Debts being always instructed with power to the saids Executors for instructing of the saids Debts before the Commissar the time of Confirmation to cite the Creditors for production of the Bonds and Instructions of their saids Debts and if the saids Creditors shall not produce the same and yet shall happen thereafter to seek payment from the Executors that then and in that case the Creditors shall be oblieged to relieve the Executors