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
who otherwise may seem to be comprehended and concluded in it They do therefore from their certain knowledge Declare That even in that Parliament from which many of His Majesties good Subjects were debarred for their affection and adherence to His Majesties Service and Commands there was a considerable number of worthy Patriots of all Estates who at the passing of that base Act gave a publick testimony and dis-assent from it which is here Recorded for their due honour and for which their memory will in all ages receive a famous celebration And that there were divers others who upon the pretexts of Reformation and assurances of the Safety of His Majesties Person being inveigled were in the simplicity of their hearts drawn along for the time But shortly thereafter being convinced of their error did imbrace the first opportunity to expiate the same by freely hazarding their lives and fortunes in the year one thousand six hundred and fourty eight to reedeem His Majesty from these restraints and dangers which by that impious Act He was driven into And therefore His Majesty with advice and consent foresaid doth Declare That the Act of Parliament foresaid of the sixteenth of January one thousand six hundred and fourty seven is not to be look'd upon as the Deed of the Kingdom but as the Act of a few disloyal and seditious persons who having upon specious but false pretences screwed themselves into the Government did by force of Armes keep the same and from the conscience of their own guiltiness being afraid of the justice of His Majesties Government did violently carry on that Act. And in further owning thereof did in the said year one thousand six hundred and fourty eight rise in Arms in opposition to those who endeavoured to restore His Majesty to His Government and to relieve Him from the imprisonment and hazard He was then lying under as the natural effects of that unworthy transaction so justly hereby condemned And for the further clearing of the sense of this Kingdom as to that base and treacherous Act and the aspersions which have been thereupon raised as if there had been previous Transactions and Bargains of Money for carrying on of the same The Estates of Parliament Declare They do abominat the very thought of any such thing and that if at any time hereafter there shall be discovery of any such wickedness which they are confident GOD Almighty will in His Justice bring to light if it be true and wherein they earnestly intreat the concurrence of all His Majesties dutifull and loyal Subjects The persons guilty thereof shall without mercy be pursued as the vildest of Traitours and shall be incapable of the benefit of any Act of Pardon Oblivion or Indempnity for ever XI Act for taking the Oath of Alleagiance and asserting the Royal Prerogative OUr Soveraign Lord being truly sensible of the many sufferings and sad confusions that His dutifull and loyal Subjects have been brought under during these troubles and desirous that His Royal Government in it's due Administration may be refreshing and comfortable unto them And conceiving it necessar for that end and for the honour and advancement of His own Service the welfare and happiness of His Subjects and the peace and quiet of this Kingdom That the places of publick Trust which be the Channels and Conduits by which His Majesties Government is conveyed unto His People be supplied and exerced by persons of known integrity abilities and loyalty Do therefore Declare That it is and will be His Majesties Royal care that those whom according to the undoubted Right of the Crown He hath or shall think fit to call to His Councils or any publick imployments shall be so qualified And that for the full satisfaction of all His good Subjects and for removing any scruples or jealousies can arise upon this account they shall before their admittance to or exercise of any such Trust give such publick testimony of their Duty and Loyalty as may evidence to the world they are such as the Kingdom and all honest men and good Subjects may justly confide in And therefore the Kings Majesty with advice and consent of His Estates of Parliament Doth Statute and Ordain That all and whatsoever person or persons who are or shall be nominat by His Majesty to be His Officers of State of His Privy-Council Session or Exchequer Justice General Admiral Sheriffs Commissars and their Deputes and Clerks and all Magistrates and Council of Royal Burghs at their admission to their several Offices and before they offer to exerce the same shall take and swear the Oath of Alleagiance hereunto subjoyned And also that all other persons who shall be required by His Majesties Privy-Council or any having Authority from them shall be oblieged to take and swear the same And since all the troubles and miseries that have overspread this Kingdom and almost destroyed all religious and civil all publick and private interests these twenty years by-gone and upwards have arisen and sprung from these invasions that have been made upon and contempts done to the Royal Authority and Prerogative of the Crown His Majesty conceives Himself oblieged both for His own Royal interest and for the publick interest and peace of His people to be carefull to prevent the like for the future And therefore His Majesty with advice foresaid Statutes and Ordains that all persons who are or shall be called to any publick Trust as said is shall beside the taking of the Oath of Alleagiance be oblieged before they enter to their Offices and Trusts to assert under their hand writing His Majesties Royal Prerogative as is exprest in the Acts past in this present Parliament and in the manner hereunto subjoyned Certifying all such as being required shall refuse or delay to take the Oath of Alleagiance they shall not only thereby render themselves uncapable of any publick Trust but be lookt upon as persons dis-affected to His Majesties Authority and Government and such as shall refuse or delay to assert His Majesties Prerogative in manner under-written shall from thenceforth be uncapable of any publick Trust within this Kingdom Follows the Oath of Alleagiance 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 Forreign Prince Power State or Person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly nenounce and forsake all Forreign Power Jurisdictions and Authorities and shall at my utmost power defend assist and maintain His Majesties Jurisdiction foresaid against all deadly and shall never decline His Majesties Power and Jurisdiction as I shall answer to GOD. Follows the Acknowledgement of His Majesties Prerogative FOrasmuch as the Estates of
called Sealch-skins ilk twenty dacker two ounces Bullion Silver twelve Denier fine Skins called Tod-skins ilk half hundred two ounces Bullion Silver twelve Denier fine Skins called Veal-skins ilk four dacker two ounces Bullion Silver twelve Denier fine Skins called Wool-skins ilk fifteenscore two ounces Bullion Silver twelve Denier fine Skins called Woolf-skins ilk two dacker two ounces Bullion Silver twelve Denier fine Sparres Roof-sparres ilk hundred two ounces Bullion Silver twelve Denier fine Sparres Roof-sparres of Oak ilk twenty two ounces Bullion Silver twelve Denier fine Sparres Wicker-sparres ilk thousand two ounces Bullion Silver twelve Denier fine Stulling every six bolls two ounces Bullion Silver twelve Denier fine Stirrop-irons ilk ten dozen two ounces Bullion Silver twelve Denier fine Stirrop-leathers ilk twenty dozen two ounces Bullion Silver twelve Denier fine Sword-blaides ilk threescore two ounces Bullion Silver twelve Denier fine Swords mounted ilk twenty two ounces Bullion Silver twelve Denier fine Sword-belts of leather ilk twelve dozen two ounces Bullion Silver twelve Denier fine Swine ilk ten of them two ounces Bullion Silver twelve Denier fine Suggar of all sorts ilk sixty pound weight two ounces Bullion Silver twelve Denier fine Sythes ilk threescore of them two ounces Bullion Silver twelve Denier fine Seathes ilk five hundred thereof two ounces Bullion Silver twelve Denier fine Seathes ilk six barrels two ounces Bullion Silver twelve Denier fine Shoos ilk hundred pair two ounces Bullion Silver twelve Denier fine Starch ilk hundred weight two ounces Bullion Silver twelve Denier fine Slyreland ilk hundred ells three ounces Bullion Silver twelve Denier fine Shewed Beds the peece two ounces Bullion Silver twelve Denier fine Sulfur ilk hundred weight one ounces Bullion Silver twelve Denier fine T TAkle ilk five hundred weight two ounces Bullion Silver twelve Denier fine Tallow called Narves Tallow ilk six barrels two ounces Bullion Silver twelve Denier fine Scots Tallow ilk three barrels two ounces Bullion Silver twelve Denier fine Tar of great and small bind ilk six barrels two ounces Bullion Silver twelve Denier fine Tyking for Beds ilk hundred ells two ounces Bullion Silver twelve Denier fine Tows ilk five hundred weight two ounces Bullion Silver twelve Denier fine Trumps ilk five hundred one ounces Bullion Silver twelve Denier fine Tobacco ilk hundred weight one ounces Bullion Silver twelve Denier fine Tobacco-pipes ilk fourty grose one ounces Bullion Silver twelve Denier fine V VEals ilk ten of them two ounces Bullion Silver twelve Denier fine Vineger of Wine ilk two tuns two ounces Bullion Silver twelve Denier fine Vineger of Bear or Ale ilk three tuns two ounces Bullion Silver twelve Denier fine W WAdmoll ilk two hundred ells two ounces Bullion Silver twelve Denier fine Wainscot of all sorts ilk thirty of them two ounces Bullion Silver twelve Denier fine Wax ilk last or fourteen Ship-pounds four ounces Bullion Silver twelve Denier fine Wheat every four bolls half boll two ounces Bullion Silver twelve Denier fine Whale-shot ilk two barrels two ounces Bullion Silver twelve Denier fine Worstead yarn for Shewing ilk twenty pound two ounces Bullion Silver twelve Denier fine Wool ilk six stone weight two ounces Bullion Silver twelve Denier fine Wines ilk tun two ounces Bullion Silver twelve Denier fine Wine-sellars ilk twenty of them two ounces Bullion Silver twelve Denier fine Whingers or Durks ilk sixty of them one ounces Bullion Silver twelve Denier fine Y YArn Cable-yarn ilk eight hundred weight two ounces Bullion Silver twelve Denier fine YArn Cotton-yarn ilk sixty pound weight two ounces Bullion Silver twelve Denier fine YArn Irish-yarn ilk three hundred weight two ounces Bullion Silver twelve Denier fine YArn Raw Linning-yarn Dutch or French ilk sixty pound two ounces Bullion Silver twelve Denier fine YArn Scots-yarn ilk fifty pound weight two ounces Bullion Silver twelve Denier fine YArn Spruce or Muscovia-yarn ilk two hundred weight two ounces Bullion Silver twelve Denier fine YArn Woollen or Bay-yarn ilk hundred weight two ounces Bullion Silver twelve Denier fine XXXVIII Commission and Instructions to the Justices of Peace and Constables OUr Soveraign Lord taking to His Royal consideration how much the appointing of Justices of Peace and Constables within all the Shires of this Kingdom under the Reign of His Majesties Royal Predecessors did contribute to the Peace Quiet and good Government thereof and to the speedy and impartial execution of Law and Justice to all persons subjected to their jurisdiction and power Therefore and for the furtherance of these ends in the future His Majesty with advice and consent of His Estates of Parliament Doth hereby Statute and Ordain That in all time coming there shall be Justices of His Majesties Peace appointed within each several Shire of this Kingdom to be nominate from time to time by His Majesty and His Royal Successors Which Justices of Peace are hereby impowered to administrate Justice and put His Majesties Laws in execution according to the particular Instructions after-mentioned viz. The Justices of Peace at their first sitting shall take the Oath of Alleagiance and Oath De sideli administratione which at first shall be administrate to them by the Sheriff or his Depute of ilk respective Shire or in their absence by the President and Conveener for the time Followeth the Oath of Alleagiance 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 Forreign 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 foresake all Forreign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His Majesties Jurisdiction foresaid against all deadly and shall never decline His Majesties Power nor Jurisdiction as I shall answer to GOD. Followeth the Oath De fideli administratione I As one of the Commissioners and Justices of Peace within Shires according to my knowledge wit and power shall do equal Right both to rich and poor conform to the Laws Statutes and Customs of the Land and that I shall not be of Council with any person in any quarrel or matter depending before me and that I shall every Quarter keep the Sessions or oftener as I shall be required not having any just impediment in the contrair and shall faithfully and truly discharge my duty as a Justice of His Majesties Peace and shall leave nothing undone that may tend to the preservation of the same So help me GOD. The Justices of Peace in each respective Shire shall meet and conveen together four times in the year viz. On the first Tuesday of May the first
and others therein contained and Ordains the same to be put to execution conform to the tenor thereof in all points And also considering how usefull Goat-skins Hart Deer and other wilde Beasts Skins might be if they wrere prepared and improven by Skinners within the Kingdom His Majesty doth therefore with advice foresaid Discharge all Merchants Trades-men and others to Transport any Calf-skin Kid-skin Hudderon or Shorling-skins or any Goats-skins Hart Buck Deer or any other wilde Beasts Skins forth of the Kingdom under pain of Confiscation of the same And for the further incouragement of the Skinner-trade and Manufactury Licence is hereby given to Export Gloves made within the Kingdom free of all Custom and Excise for the space of nineteen years after the date hereof reserving alwayes to the Lord-Treasurer and Commissioners of Exchequer to give Licences for Exporting of Skins as they shall find cause after one year from the date hereof XLVI Act discharging Exportation of Woollen-yarn Worstead broken Copper and Pewter c. THe Kings Majesty considering the great prejudice this Kingdom and Manufacturies do receive by the Export of Worstead Woollen-yarn Raw and Unwaked-cloath and Stuffs and the discouragement that Trades-men and Artists have by the Export of broken Copper Brass and Pewter Doth therefore with advice and consent of His Estates of Parliament Discharge all Merchants Trades-men and others whatsoever as well Strangers as Natives upon any colour or pretext whatsoever to Export forth of this Kingdom any Worstead Woollen-yarn Raw or Unwaked-cloaths and Stuffs whatsoever made within the same Plaiding excepted or any broken Copper Brass or Pewter under the pain of Confiscation of what of any of the particulars above-written shall be apprehended in the Exporting the one half to be applyed for His Majesties use and the other half for the use of the apprehender and pursuer of the same XLVII Act discharging Trades-men to Import Made-work THe Kings Majesty considering the great discouragement given to Manufacturies and Trades by Tradesmen's bringing home from Forraign places such Commodities as may be made within the Kingdom by these of the same Trade Doth therefore with advice and consent of the Estates of Parliament Inhibit and Discharge all Trades-men and Mechanicks to Import from forraign parts any Made-work belonging to that Trade or Calling whereof they are Free-men or to vend the same or any such Ware brought home by Merchants in their Shops or otherwayes under the pain of Confiscation the one half to His Majesties use and the other to the apprehender or pursuer of the same XLVIII Act for incouraging of Soap-works THe Kings most Excellent Majesty considering the great advantage this His ancient Kingdom hath had and may have by erecting and keeping up of Soap-works whereby the Eastern Trade and Green-land Fishing will be much helped by Importing of Pot-ashes and other Materials and money brought into the Kingdom by the Exported Soap made within the same And His Majesty being sensible of the prejudice this Kingdom hath suffered during these troubles by the decay of these works and being willing to give all due incouragements to the same for the future Doth therefore with advice and consent of the Estates of Parliament Declare all Oyl Pot-ashes and other Materials of any kinde whatsoever to be imported for the use of Soap-works or making of Soap and all Soap made within the Countrey to be free of all Custom and Excise and all other publick or private Dues whatsoever and also that all Soap so made and Exported shall be free for the space of nineteen years after the setting up of these works and after the date hereof for such works as are already set up and discharges all Customers Collectors or Fermerers of Excise or Custom and all others whatsoever to demand Custom Excise or other Duty for any Oyl Pot-ashes Tallow or other Materials Imported for making of Soap or use of Soap-works allanerly or for Soap made within the Kingdom and exported as said is XLIX Act Reducing the Annuals to Six for the Hundred THe Kings Majesty with advice and consent of the Estates of Parliament Hath thought fit upon divers good considerations to Reduce Likeas hereby they do Reduce the Annualrents of all money within this Kingdom to Six for the Hundred yearly in all time coming And Declares the said Six for the Hundred to be free of all Retention or other publick Burdens whatsoever L. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session FOrasmuch as among the many and unparallel'd blessings wherewith it hath pleased the Almighty GOD to visit these Kingdoms in the return of His Majesty to the exercise of His Royal Government it is the great happinesse of this Kingdom that the ordinary Judicatories the fountains and seats of Justice are by His Majesty established according to their ancient and well grounded Constitutions And the Estates of Parliament considering how much it doth import the advancement of His Majesties service the honour of the Kingdom and the good of the Subjects that the Senators of the Colledge of Justice who are the Supream Judges under His Majesty in all civil Causes should be provided to a competent allowance towards their charge and expenses in their attendance on this their publick Administration And understanding that by the calling down of the Annualrents from ten to six of the hundred and by the disability of some Debitors and by laying aside the twentieth penny of Sentence-silver which is conceived to be an unequal burden and grievance to such as must sute the benefit of the Law and so are lyable thereto before they can have repetition of it or recovery of their just Debts the present yearly allowance to each of them will not exceed one hundred pounds Sterling which being so mean and unsuteable to the honour and reputation of that imployment and to equity and justice as to the persons called by His Majesty to serve therein Therefore the Estates of Parliament have thought fit to grant likeas they do hereby make a free Offer and Grant of a Taxation of Twelve thousand pounds Sterling towards the making up of a Stock whereof the Annualrent is to be imployed for the use aforesaid and to be paid by the Shires and Burghs of the Kingdom the one half thereof in the moneth of November next to come and the other half in the moneth of May thereafter in the year one thousand six hundred and sixty two years and to be raised in the same manner the present or last Impositions are and have been paid And in order thereunto The Kings Majesty with advice and consent of His Estates of Parliament Doth hereby Statute and Ordain the said sum of twelve Thousand pounds Sterling to be paid by the Shires and Burghs of the Kingdom in manner and for the use aforesaid the one half thereof in the moneth of November and the other half in the moneth of May next to come and that the same be brought in and
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
Gifts Signators of whatsoever nature and quality they be of past and exped the Privy great and quarter Seals respective or past according to pretended Orders for the time when there were no Seals to be of full force and effect Providing alwayes that where any Signators were past in Exchequer under the Usurpers and the Composition paid and yet not past the Seals the same shall be presented and past in Exchequer de novo if there be reason therefore without any Composition and where Resignations only have been made upon Procuratories in the Usurpers time Signators may without new resignation passe thereupon It is also provided that this Act be no wayes extended to new Gifts of Lands Teinds and others past to the prejudice of His Majesty nor to Gifts of Bastardie or ultimus Haeres unless the same be of new ratified and approven by His Majesties Treasurer and Commissioners of Exchequer nor to any other Gifts Confirmations Charters upon Resignation where the saids Gifts Confirmations and Charters were made and granted in prejudice of any person or persons who had former Rights granted unto them by His Majesty or His Royal Father of blessed memory under their Seals or past their Royal Hands And generally providing that all and whatsoever Gifts Grants Commissions Charters and other Writs whatsoever past in Exchequer and through the Seals in the Usurpers time and all and whatsoever Acts and Sentences pronounced and given forth by them shall and may be called in question at the instance of any of the people who may pretend to have been unjustly wronged and prejudged thereby And that upon complaints to be given in to His Majesties Treasurer and Commissioners of Exchequer wherein they shall have power to determin as they shall think just and reasonable XIII Act and offer of Fourty thousand pounds Sterling to be paid to the Kings Majesty yearly during His lifetime by this Kingdom THe Estates of Parliament taking to their consideration the great happinesse this Kingdom hath in former time injoyed under the Government of His Majesties Royal Ancestors with the miseries and bondage which by the neglect and contempt of the Authority and commands of His Royal Father of blessed memory it hath groaned under during these twenty three years troubles And that the Kings Majesty hath been graciously pleased notwithstanding of all the provocations given to Himself and His Royal Father to evidence His affection and favour to this His ancient Kingdom comforting and reviving it by the Rayes of His Royal Government and Authority under the protection of which the just Liberties Freedom and Interest of this Kingdom and the Subjects thereof are and can only be secured Do with all humble duty thankfulnesse and sincerity acknowledge His Majesties unparallel'd Grace and Goodnesse And that as their happinesse doth depend upon the Safety of His Majesties person and the establishment and exercise of His Royal Authority and Greatnesse So this Kingdom will be ready at all occasions to offer their Lives and Fortunes against all deadly in every cause wherein His Majesties Person Authority Prerogative or Government may be concerned And seing for the due establishment of His Majesties Authority and setling and securing the peace of this Kingdom His Majesty may have occasion for some time to raise and keep some Forces within the Kingdom and that the late troubles will at present necessitate a greater expence for support of the Royal Government then formerly and that His Majesty hath signified His resolution not to raise any more Sess Therefore and from the due sense of their duty and obligations the Estates of Parliament Do in name of this Kingdom make humble and chearfull offer to His Majesty of a yearly Annuity of Fourty thousand pounds Sterling during all the dayes of His Majesties lifetime which they pray may be long and prosperous that this Kingdom may have further occasion to let the world know they do above all things hate the very thoughts of disloyalty and that no people under Heaven can express more duty and obedience to the Authority and Commands of their Soveraign then they are and will be ready to do XIV Act for raising the Annuity of Fourty thousand pounds Sterling granted to His MAjESTY THe Estates of Parliament in pursuance of their Act of the date the twenty two day of this instant whereby they have made offer to His Majesty of the sum of Fourty thousand pounds Sterling yearly during all the dayes of His Majesties lifetime towards the entertainment of any such Forces as His Majesty shall think fit to raise and keep up within this Kingdom or otherwayes towards the defraying of the necessary charge of His Government according to His Royal pleasure Appoints and Ordains the said sum of Fourty thousand pounds Sterling being Four hundred fourscore thousand pounds Scots money to be raised levied collected and paid in manner under-written viz. Ninety six thousand pounds Scots thereof to be raised yearly off the Inland Salt and Forreign Commodities aftermentioned To wit threescore twelve pounds Scots upon ilk Tun of Spanish Wine Renish Wine Cannary Malvesie and all other Wines of the like kind fourty eight pounds money foresaid upon ilk Tun of French Wine and twelve pennies money foresaid upon ilk pint of Vineger six pounds upon ilk Barrel of imported Soap fourty shillings upon ilk Boll of Forreign Beysalt and Salt upon Salt Linlithgow Measure twenty shillings upon ilk Boll of imported White-salt and fifteen shillings upon ilk Boll of Inland Salt measure foresaid But prejudice nevertheless to the present Tacks-men of the Forreign and Inland Salt during the time set to them by the Commissioners of Excise to exact the Rates therein mentioned twelve pennies money foresaid upon ilk pound of Tobacco imported by the Natives of this Kingdom from the Tobacco Plantations and three shillings upon ilk pound imported thence by Forreigners Item three shillings upon each pound of Tobacco imported by the Natives of this Kingdom from any other place then the foresaids Plantations and six shillings upon ilk pound imported by Forreigners twelve shillings upon ilk Ell of Cloath imported into this Kingdom above six pounds the Ell and six shillings upon ilk Ell of imported Cloath at or below six pounds the Ell six shillings the Ell upon all sort of imported Searges three shillings upon ilk Ell of Castilians or other imported worstead Stuffs whatsoever three shillings upon ilk Ell of all sorts of imported hair Stuffs whatsoever three pounds twelve shillings upon the Piece of ilk Baver-hat one pound six shillings upon ilk Demy-baver and Vigon and twelve shillings upon the Piece of all other sorts of Hats imported into this Kingdom one pound sixteen shillings upon the dozen of all imported worstead Stockins twelve shillings upon the pair of double Stag-gloves six shillings upon the pair of single Stags and Cordivans three shillings upon ilk pair of Kids Sheep and Lamb Leather and all other sort of Gloves one pound sixteen
the prices of the Footmantles be raised in the same way and by the same execution with the daily allowance aforesaid the Commissioners alwayes at the rising of each Parliament making the Footmantles forthcoming to the Shire to be disposed as they shall think fit XXXVI Act anent Presentation of Ministers FOrasmuch as the Kings most Excellent Majesty considering how necessar it is for the right and orderly administration of Gods Worship and the exercises of Religion and for keeping of His good Subjects within their duties they owe to GOD to His Majsty to their native Countrey and fellow Subjects especially at this time after so many confusions and distractions both among Church-men and others That more then ordinary care be had in presenting of Ministers to all such Kirks as are or shall be vacand within this Kingdom hath given particular Commission under His great Seal as to all Presentations to all Personages Vicarages and other Benefices and Kirks at His Majesties presentation And as to all other Benefices and Kirks whereof the presentation belongs to any other Patron or Patrons whatsoever His Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That all Patrons or Persons whatsoever who hath or pretends any right to the Presentations to any Patronages Vicarages or other Benefices of cure Kirks or modified Stipends be carefull in all time coming that Presentations to these Benefices Kirks or Stipends be granted by them to such persons only as shall give sufficient evidence of their Piety Loyalty Literature and peaceable Disposition And shall in presence of the Patron or his Atturney and of the Sheriff of the Shire Stewart of the Stewartry or heretable Baily or Commissar of the bounds if it be in the Country and of the Magistrates of the Burroughs within the Burgh before the granting and their accepting the Presentation take and subscribe the Oath of Alleagiance the said Sheriff Stewart Baily Commissar and Magistrates having first taken the Oath themselves And it is hereby Declared That if any person who hath not so taken the Oath of Alleagiance shall be presented by any Patron not only shall the Presentation be void and null of it self but the right of the Patronage as to that vacancy shall belong to the Kings Majesty and the Patrons be repute dis-affected to His Majesties Government and contemners of His Royal Authority And Ordains thir presents to be printed and published at the Mercat Crosses that none pretend ignorance XXXVII ACT concerning the Bullion OUr Soveraign Lord with advice of the Estates of Parliament now presently conveened by His Majesties special Authority considering how much the penury and scarcety of His Majesties Coyn here in Scotland is occasioned by the meannesse and smalnesse of the proportion of Bullion at first imposed never heretofore considerably augmented notwithstanding His Majesties Customes have been several times augmented Enacts Statutes and Ordains That all Commodities lyable in paiment of Bullion shall pay according to the Rates mentioned in the Alphabet of Bullion after-following as the same is now augmented and condescended upon Which Alphabet of Bullion His Majesty with advice foresaid Ordains to be printed and published And to prevent all abuse and prejudice to the said Mint that may occur and fall out by the Customers exacting of His Majesties and His Predecessors their own Coyn from the Merchants exporters of the Commodities lyable in paiment of the quantities of Bullion as is aforesaid or else exacting so much per ounce of the said Merchant exporter to the great prejudice and utter destruction of the said Mint His Majesty with advice foresaid Statutes and Ordains that every Fermerer or Customer within this His Majesties Kingdom shall by the advice and concurrence of the several Clerks of Cocquet cause all and every Merchant whether Native or Forraigner exporter of the Commodities lyable in paiment of the quantities of Bullion set down in the aforesaid Alphabet of Bullion condescended upon and agreed to as the same is now augmented and Ordained to be printed and published find sicker Surety and Caution or give Pledges that he may answer for that Bullion equivalent in proportion to the quantity of goods exported be delivered to the Officers of His Majesties Mint and that of Forraign Bullion either Plate or burnt Silver twelve Denier fine and being baser to be considered by weight and reckoning and the said Surety or Pledges to be taken before the said Merchant receive his Cocquet Transire or other Warrand whatsoever for exporting the saids goods lyable in paiment of the quantities of Bullion as is aforesaid and Prohibites and Discharges all and every of the saids Customers and Clerks of Cocquet within this Kingdom to exact or receive any of His Majesties or His Predecessors Coyns or any other satisfaction whatsoever except the said Forraign Bullion at the fineness aforesaid and that not only under the pain of deprivation of their Offices but also of punishing of their persons and fining of them in their goods by the appointment and at the discretion of the Lords of His Majesties Secret Council and to the effect any such collusion or transaction may be discovered His Majesty with advice foresaid Statutes and Ordains that each person delating or discovering any such collusion or transaction as is aforesaid shall receive and have paid to him the third part of the value of the Bullion that was due to have been paid by the Merchant exporter but prejudice of the certification foresaid As also it is Statute and Ordained That the saids Customers their Accounts be controlled upon the quantity of Bullion delivered to the saids Officers of His Majesties Mint according to their Letters of receit thereof and what rests not delivered that the Customers be answerable therefore and that the saids Customers grant a convenient time for home-bringing of the said Bullion correspondent to the distance of the port at which the goods exported are to be delivered the longest time not exceeding seven moneths And in like manner it is Statute and Ordained That the Alphabet of Bullion as the same is now established and appointed to be printed and published be of full force from the date of thir presents And that all Commodities exported after the said day be lyable to the several proportions of Bullion therein contained notwithstanding of any Act or Acts made or to be made in this present Parliament in favours of any Manufactories Companies of Fishing or Trade or other Acts whatsoever which are hereby Declared not to impede the paiment of Bullion augmented in manner foresaid Follows the A B C. of Bullion as it is now established by our Soveraign Lord and Estates of Parliament A AShes Pot-ashes Wood or Soap-ashes the last four ounces Bullion Silver twelve Denier fine Aquavitae the barrel containing ten gallons two ounces Bullion Silver twelve Denier fine Alum ilk two hundred weight two ounces Bullion Silver twelve Denier fine Anniz-seids ilk hundred weight two ounces Bullion Silver
Tuesday of August the last Tuesday of October and the first Tuesday of March In which Sessions they shall administrate Justice to the people in things that are within their Jurisdiction and punish the guilty for Faults and Crimes done and committed in the preceeding Quarter and by mutual and conjunct advice make and rectifie Ordinances for the Fees of Servants Shearers in Harvest and other Labouring men appoint Prices for all Handy-crafts elect or continue Constables or other Officers and dispose of the Fines and Mulcts for paiment of the Constables Clerks and other Officers Fees and imploy the remanent on such necessary and pious uses as they shall find most expedient and shall have power to continue the said Sessions or to adjourn the same to such dayes and places as shall be most convenient Any one Justice shall have power upon complaint of any person being threatned and fearing to be wronged to bind the party complained upon under such a pecunial sum to keep the Peace as he shall think fitting As also to commit him untill Surety be found by him the said Complainer alwayes giving his oath before the Justice that he hath just cause to dread him harme And albeit no person complain yet if the Justice be credibly informed of appearance of trouble betwixt any parties he shall bind them to the Peace in manner foresaid except the parties declare upon their consciences that neither of them bear any grudge to other And all such Bonds shall be kept and Recorded by him and he shall make delivery of the same to the Clerk of the Peace at the next Sessions to be kept and registrate by him If any person being charged to make his appearance before a Justice of Peace shall refuse or delay without cause if the party be a Landed Gentleman whose Rents exceed ten chalders of victual or one thousand merks of silver then the Justice whose command is contemned shall inform the same to some of His Majesties Privy Council to the effect the party of the quality foresaid may be called and fined for his disobedience and if the dissobeyer be of a meaner degree the Justice of Peace shall hereby have power to command the next Constable or in absence of a Constable his own servant or any other person having a Warrand in writ subscribed by the said Justice of Peace with assistance of the Country to bring any such party before him If either the Sheriff or Baily shall condemn any person in Bloodwyt or otherwayes convict him in any pain proper for him to impose the Justice shall have no power of new to fine that Offender for that offence but if they shall find him not condignly punished in regard of the offence committed by him they shall then inform His Majesties Council thereof that they may take order therewith and if there be no satisfaction made by the Sheriff or Baily to the Party offended the Justices may modifie a reasonable satisfaction to the Party offended he pursuing therefore before them And if they find the satisfaction decerned by the Sheriff or Baily in favours of the said Party offended not condigne nor answerable to the offence and wrong sustained then they shall also inform His Majesties Council thereof that they may take order therewith as appertaineth If either Sheriff or Baily or their Deputes by collusion with the Delinquent shall suffer any person guilty to be quitted or cleared by an Assize the Party once cleared is not to be brought further in question before the Justices but upon their information the Judges are to be called censured and severely punished by His Majesties Council The saids Justices shall hereby have power to proceed upon all persons committing Riots and breaking the Kings Peace under the degree of Noblemen Prelates Councellors and Senators of the Colledge of Justice and to punish and fine according to the quality of the Crime and the Estate of the Offender And if any of the saids persons being charged to compear before the saids Justices shall disobey the Summons being indorsed the lawfull Citation verified and Fact proven the Justices shall punish and fine the not compearing according to the quality of the Crime and Estate of the Offender And for the more clear determination of the order which shall be kept by the saids Commissioners in the deducing of any such Process Our Soveraign Lord with advice of His Estates Declareth That it shall be lawfull to the saids Justices whensoever they have any occasion to move any action against Parties for committing any like Fact or Riot to refer the first Summons to the Parties oaths of verity failzeing of other lawfull probation who being personally summoned by that first Citation shall be holden as confest and Decreet to be pronounced against him conform to the Libell and Summons And if he be not personally summoned by the first Citation the saids Commissioners shall be holden to cause summon him of new again by a second Summons at his dwelling place which two Citations shall be as sufficient to infer Decreet and Sentence upon the Libell against him as if he were apprehended personally And which Sentence given after the manner and form of probation above-written His Majesty with advice foresaid Authorizes and Sustains as good and lawfull in themselves And as concerning these persons of higher degree the saids Commissioners shall use all their power for preventing and staying of the Riots commanding the attempters in His Majesties Name to cease and to find Caution for keeping of the Peace and for their compearance before His Majesties Council And if any person being charged to find Caution and refuse it or delay to do the same and in the mean time contraveeneth the said charge by committing of some Deed betwixt the time of the Charge and finding of the Caution nevertheless he shall be answerable for the pain from the date of the Charge likeas if Caution had been then found The saids Commissioners shall put His Majesties Act of Parliament to due and full execution against wilfull Beggars and Vagabonds solitary and idle Men and Women without Calling or Trade lurking in Ale-houses tyed to no certain services repute and holden as Vagabonds and against those persons who are commonly called Aegyptians and they shall punish and fine their Ressetters and Setters of houses to them accordingly by such competent pains as is proper for them to enjoyn The saids Commissioners and Justices of Peace are hereby authorized and impowered to give order as they shall think most convenient and with least grief to the Subjects for mending of all High-wayes and Passages to or from any Mercat Town or Sea-port within that Shire and shall call before them all such persons as shall strait these Passages or otherwayes by casting of Ditches or Fulsies through the same shall make these High-wayes noisome and troublesome unto passengers and shall punish and fine them according to the quality of their offence And to the effect it may be known of what
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
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
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