if the same had past the Signet and that aye and while the said Signet bee returned againe to Edinburgh and the same intimate to the Lieges The said George Hadden alwayes keeping and retaining the warrands and making a minute and note thereof And making the same together with the prices payed therefore forth-comming to the Lord Secretarie or others in his name by his warrand And ordaines these presents to be intimate to all his Majesties Lieges by publike Proclamation at the market crosse of Edinburgh to be made hereupon And these presents for the full warrand of the whole premisses to be enacted and recorded in their books of Sederunt Which Act the saids Estates not onely ratifies in manner above specified but also ordaines the said Act to stand in full force and strength to the effect above-written therein specified conforme to the tenour thereof foresaid while the _____ day of _____ 1600. and _____ yeares And strictly inhibits and discharges all keepers of the Signet in any time hereafter for any cause or any pretended occasion whatsoever to transport or carry the Signet or any Seale forth of this Kingdome under the pain of death and confiscation of their moveable goods ACT XXXII ACT DISCHARGING ALL CUSTOME OF Ammunition brought home to the lieges to their owne use for defence of religion and liberties of Kirk and Kingdom THe Estates of Parliament presently conveened by his Majesties speciall authority considering the priviledge and exemption bruiked by the Nobility and Barrons of this Kingdome whereby they have beene exeemed from payment of all custome for goods imported to this Kingdome for their owne use And there-with-all Taking to their consideration that the said exemption ought more especially be enjoyed for the armes brought home at this time to the Nobility Barrons and Gentry of this Kingdome and all others his Majesties lieges whatsoever for their owne use for defence of Religion Liberties of this Kirke and Kingdome in thir times of troubles since the yeare of God 1637. Therefore statutes and ordaines that all sort of Ammunition whatsoever brought into this Kingdome since the year of God 1637. or to be brought in hereafter during the time of thir troubles shall be free of all customes and imposition whatsoever And inhibites and discharges all Customers or whatsoever receivers thereof of exacting any custome or imposition for any kinde of armes or ammunition already imported or to be imported during the time foresaid And of all arresting or detaining the saids armes and ammunition or any goods belonging to the Merchants importers thereof for any custome acclaimed for the same which the Estates finds no wayes due nor reasonable to be granted in the case foresaid ACT XXXIII ACT FOR THE COMMITTEES OF ESTATES THe three Estates of Parliament presently conveened having taken to their consideration the present estate of this Countrey and Kingdome being invironed and threatned with armes by sea and land and great hostile preparations hatcht and prepared against the same without any just ground or quarrell whereby as manifestly doth appeare there is nothing lesse intended against this Church and Kingdome nor an utter exterminion and totall destruction So that the saids Estates are necessitate and forced to put themselves in readinesse for a just and lawfull defence of the Religion Laws Lifes Liberties and Countrey and withall considering how necessar it is for the good of the publick weal of the Countrey and maintenance of the armies lifted and to be up-lifted and out-reiked both by sea and land and for ordering directing and governing of the whole body of this Countrey and Kingdome That a setled grave and solide Committee from the Estates be elected nominate constitute and authorized by this present Parliament which Committee from the Estates shall consist of a competent number of the most able qualified and trustie Noblemen Barons and Burgesses of this Kingdome Therefore the foresaids Estates of Parliament now conveened doe hereby nominate elect choose and appoint the persons after specified viz. John Earle of Rothes James Earle of Montros John Earle of Cassils John Earle of Wigtoun Charles Earle of Dumfermling William Earle of Lothian John Lord Lindesay John Lord Balmerino James Lord Couper Robert Lord Burghly Archbald Lord Napeir John Lord Lower Sir Alexander Gibson of Dury Sir John Hope of Craighall Sir John Scot of Scotstarvet Senators of the Colledge of Justice Sir Thomas Nicolsone of Carnok Sir Patrik Hepburne of Wauchton Sir David Hume of Wedderburne Sir George Stirling of Kier Sir Patrik Murray of Elibank Sir Patrik Hamiltoun of Littlepreston Sir William Cunningham of Caprintoun Sir William Douglas of Cavers James Chalmers of Gadgirth Sir Thomas Hope of Carse _____ Drummond of Riccartoun _____ Lesly of Forbes Master George Dundasse of Maner John Smyth Edward Edgar Thomas Paterson Richard Maxwell Merchants Burgesses of Edinburgh William Hamiltoun Burges of Lithgow Master Alexander Wedderburne Clerk of Dundie George Porterfield Baliffe of Glasgow Hew Kennidie Baliffe of Aire John Rutherfurd Provest of Jedburgh Master Alexander Jaffray Burges of Aberdeene or Master William Ore in his absence James Sword Burges of S. Androes and James Scot Burges of Montros to bee Commissioners from the Estate To whom the Estates and Body of this Present Parliament gives and commits full power warrant and commission to doe order direct act and put in execution every thing necessar expedient and incumbent alswell for the preservation and maintenance of the armies both of horse and foot by sea and land as for ordering the Countrey and whole body and inhabitants thereof deciding of questions and debates which shall happen to arise or fall out in any businesse which shall occasion or offer in this Kingdome concerning the peace and quiet thereof But prejudice of the Colledge of Justice or any other ordinarie judicatorie within this Kingdome lawfully established by Act of Parliament which shall no wayes be prejudged by this commission And with full power to them to borrow up-take and levy moneyes for the use the publick and to give and prescribe orders and directions for depursing thereof and for any other thing requisite which may concerne the good quiet and peace of the Countrey And with power to them to call and conveene such Noblemen Barons Burgesses and other countrey men to repaire to them for their counsell and assistance in any businesse which shall occurre as they shall finde necessar and expedient And with power to them to give orders and directions to collectors commissioners and all other persons who shall happen to be employed or have charge or place either in the army or in the Countrey in the publick busines in every thing which concernes their place and charge and to call them to an accompt al 's oft as they please and to appoint Auditours for hearing and receiving thereof whether of their owne number or any other they please to nominate and with power to them to allow and disallow as they shall find equitable and expedient for what
be holden for the time And in the meane time declares the same Parliament to be current to the day foresaid And ordaines the whole Acts and Statutes concluded in this present Session of the said Parliament to stand and have the force and strength of Laws such like as any Acts and Statutes of any preceding Parliaments in any time by-gone And ordaines the same to be published and printed notwithstanding of the continuation thereof to the day foresaid ACTS DONE AND PAST AT EDINBURGH NOVEMBER The nineteenth 1640. ACT ANENT THE ELECTION OF Robert Lord Burghly to be Preses of this meeting of Estates in Parliament THE Estates of Parliament presently conveened by his Majesties speciall authoritie this nineteenth day of November 1640. years To the which day the Parliament was continued by the last Act of the last Session thereof the 11. of June 1640. did unanimously elect and choose Robert Lord Burghly to be President of this their meeting of Estates in Parliament ACT I. ACT ANENT THE CONTINUATION Of the Parliament to the 14. of Januarie 1641. years with continuation of daies THE Estates of Parliament presently conveened by his Majesties speciall authoritie yet as of before continues this present Parliament and all summonds and actions intended or depending with all other matters belonging to the said Parliament to the fourteenth day of Januarie next to come with continuation of dayes At the which day or sooner as the Committee of Estates and Quorums thereof both in the Countrie and at the Armie shall appoint Ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the famine to be appointed to be holden for the time And in the mean time declares the said Parliament to be current to the day foresaid And ordaines the whole acts and statutes made and concluded in plain Parliament in the last session thereof in June last by-past to stand and have the force and strength of laws and acts conforme to the tenours thereof such like as any acts and statutes of any preceding parliaments in any time by-gone And namely but prejudice of the generalitie foresaid the act of Committee of the Estates to stand in full force ay and while it be discharged by the Estates And ordaines the foresaid acts with the act of election of the said Robert Lord Burghly to be Preses at this meeting of Estates together with this present act of continuation to be published and printed conforme to the last act of continuation bearing date the eleventh of June last notwithstanding of this present continuation of the Parliament to the day above-written ACTS DONE AND PAST AT EDINBURGH Januarie 14. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be Preses of this meeting of Estates in Parliament THE Estates of Parliament presently conveened by his Majesties speciall authoritie this fourteenth day of Januarie 1641. years To the which day the Parliament was continued by the last act of continuation thereof dated the 19. of November 1640. years did unanimously elect and choose Robert Lord Burghly to be President of this their meeting of Estates in Parliament ACT II. ACT ANENT THE CONTINUATION Of the Parliament to the 13. day of April 1641. years with continuation of daies THE Estates of Parliament presently conveened by his Majesties speciall authoritie yet as of before continues this present Parliament and all summonds and actions intended or depending with all supplications grievances and other matters belonging to the said Parliament to the thirteenth day of April next to come with continuation of dayes And that for satisfaction of his Majesties gracious desire signified by his Majesties letter directed to the Estates to that effect bearing date the last of December 1640. And also for sundry grave and weighty considerations concerning the weal of the Estate Kirk and Kingdome known to the Estates At the which 13. day of April ordains the whole Estates to be present and to attend at Edinburgh or where it shall happen the famine to be holden for the time But prejudice alwaies of the power granted to the Cōmittees of Estate contained in the Act of this present Parliament made thereanent dated the 11. day of June last and mentioned in the last Act of continuation thereof bearing date the 19. of November 1640. And in the mean time the Estates declares the said Parliament to be current to the effect above-written unto the day foresaid with continuation of dayes and ordaines the whole Acts and Statutes made and concluded in plaine Parliament in that Session thereof in June last by-past together with all former Acts of continuation made by the said Estates to stand and have the force and strength of Laws and Acts conform to the tenours thereof such like as any Acts and Statutes of any preceding Parliaments in any time by-gone And namely but prejudice of the generalitie foresaid the Act of Committee of the Estates to stand in full force in all the clauses thereof aye and while it be discharged by the Estates And ordaines the foresaids Acts with the Act of Election of Robert Lord Burghlie to be preses at this meeting of Estates together with this present Act of continuation to be published and printed conforme to the last Act of continuation of the date foresaid notwithstanding of this present continuation of the Parliament to the day above-written ACTS DONE AND PAST AT EDINBURGH Aprill 13. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be President of this meeting of Estates in Parliament THe Estates of Parliament presently conveened by his Majesties speciall Authority this 13. day of April 1641. years To the which day the Parliament was continued by the last act of continuation thereof of the date the 14. day of January 1641. yeares Did unanimously elect and chuse Robert Lord Burghly to be President of this their meeting of Estates in Parliament ACT III. ACT ANENT THE CONTINUATION OF The Parliament to the 25. day of May 1641. yeares with continuation of dayes THe Estates of Parliament presently conveened by his Majesties speciall authoritie yet as of before continues this present Parliament and all summonds and actions intended or depending with all supplications grievances and other matters belonging to the foresaid Parliament to the twenty fifth day of May next to come with continuation of dayes And that for satisfaction of his Majesties gratious desire signified by his Majesties letter direct to the Estates to that effect bearing date 23. March 1641. And also for sundry grave and weighty considerations concerning the weal of the Estate Kirk and Kingdome known to the Estates At the which twenty fifth day of May next to come ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the famine to be holden for the time But prejudice alwayes of the power granted to the Committees of Estate contained in the Act of this present Parliament made thereanent dated the eleventh day of June last and mentioned in
Commissioners to be nominate by the saids Lords of Secret Councell as said is for ordering the Commissars jurisdiction and clearing the bounds and limits thereof that there be no occasion of question betwixt them and other inferiour Judges with power to the saids Commissioners to regulate their judicatories and set down prices upon the Seales Testaments Summonds Acts Decreets and all other Writs concerning that Office to be taken by Commissars their Clerk or Procutor Fischall all quotes of Testaments being specially discharged to be exacted in any time comming and to settle and establish the fees of the Commissars of Edinburgh and for that effect to meet and conveen at Edinburgh the _____ day of _____ with power to them to appoint diets as oft as they shall think fit untill the said Commission take effect anent the particulars foresaid And whatsoever the saids Commissioners or their Quorum shal determine and conclude thereanent our Soveraign Lord with advice foresaid ratifies and approves and ordains the same to have the strength force and authoritie of an Act of Parliament ACT LXIII ACT DISCHARGING MONOPOLIES 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering the great hurt and prejudice sustained by sundry his Majesties lieges by the Monopolies used and exacted within this Kingdome and which have beene conferred to the use of any particular person or persons to the great hurt and prejudice of others his Majesties lieges and specially the gift for selling Tobacco granted to Sir James Lesley and Thomas Dalmahoy the Patent of the Lether granted to the Earle of Marre the Patent of Pearling granted to _____ Bannatine the Patent of Pearle granted to Robert Buchane the Patent of Armorie granted to Harrie Mauld Therefore our Soveraign Lord and Estates of Parliament by the tenour hereof annuls rescinds and simply discharges the particular gifts foresaids granted to the persons above written and all that may follow or hath followed thereupon And ordains the same and all other Patents of that nature purchast or to be purchast for the benefit of particular persons in prejudice of the publick to cease and be ineffectuall in all time comming ACT LXIV COMMISSION FOR MANUFACTORIES 16. November 1641. OUR Soveraign Lord and Estates of Parliament considering how necessary expedient and profitable the erecting and maintaining of Manufactories will be for this kingdome as well in keeping great quantities of money within the same which is now daily exported for wrought commodities as in setting poore ones on worke restraining of idle beggars increase of vertue and bringing of moneyes into the Countrey And this being a matter of so great goodnesse wished by every man and oft times aymed at to be brought to some perfection as witnesse many severall acts of Parliament acts of Convention and Councell especially King James the sixth his seventh Parliament cap. 113. Item King James 6. his 15. Parliament cap. 250. and 252. Item the acts of Councell May 1597. July 1600. November 1601. December 1601. May 1612. Octob. 1614. August 1616. July 1620. Feb. 1623. July 1623. Item the acts of Convention June 1605. November 1625. August 1626. yet the famine hath not as yet made any considerable progresse for want of cherishing entertainment and right order for prosecution thereof In consideration whereof His Majesty and Estates of Parliament being resolved to use all ordinar meanes for erecting cherishing and maintaining of Manufactories within this Kingdome And His Majesty with advice and consent foresaid being graciously pleased to grant all Liberties Priviledges and Immunities to the erectors thereof Therefore His Majesty and Estates foresaid gives grants and commits to these persons or Quorum thereof who shall be nominate by the Lords of secret Councell to whom the Kings Majesty and Parliament hereby gives the nomination of the saids Commissioners and Quorum thereof foresaid to the effect after specified full power warrant and commission to meet and conveen at Edinburgh or any other place or places at such dayes and times they or the said Quorum shall think fitting and there to consult advise and determine upon the best rules overtures and propositions and wayes for erecting and maintaining of the saids manufactories of all sorts With power to them or the said Quorum To call and conveen before and with them any person or persons who can give them information or assistance in the saids businesses As also with power to them or their said Quorum to appoint correction-houses in such parts of the Kingdome as they shall think most conduceable for the good of the saids Manufactories and restraint of idle and masterlesse beggars As also with power to them to prescribe rules and wayes for assisting supplying and maintaining of these who have already or shall during the time of this Commission erect and entertaine any of the saids Manufactories and to direct letters against masterlesse people and their receptars as well to burgh as land-ward commanding them to worke at such reasonable rates as the said Commissioners or Quorum thereof shall appoint With power likewise to them to make Corporations and to grant them priviledges conforme to the lawes of the Kingdome And sicklike his Majesty with advice foresaid out of his gracious favour and bountie doth hereby for the better encouragement to all these who have undertaken or shall undertake the erecting and maintaining of the saids Manufactories or any one thereof gives and grants to them the priviledges and immunities following viz. all Spanish and forraigne fine wool for making of fine cloth shall be custome free Item all litster ware oyle and others necessaries for the use of the saids workes allanerly shall be free of all Customes and Impost Item all parcels of cloth Seyes and others made by any who have erected or shall erect any of the saids works shall be Custome and Impost free for the space of fifteene yeares after the erecting thereof Item the workers of the saids works erected or to be erected shall be free of any taxation or imposition to be imposed on the Kingdome for any occasion by-gone or to come Item it shall not bee leasome to any in the Kingdome to hire reset or entertain any of the servants of the said works without consent of the Masters thereof ACT LXV COMMISSION BY THE KING AND Parliament to the Lords of secret Councell 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament Considering that his Majestie being now actually present in his royall person in this his native and ancient Kingdom and willing before his returne to England where his Majesties more ordinat residence hath been heretofore and will apparently be in time coming to leave behind him such a pledge and testimony of his tender respect royall care and fatherly affection for establishing the good and happie governement of this his Majesties ancient Kingdome as in some measure may supply the want of his royall presence amongst them Hath to this effect out of his native goodnesse condescended
them against all such as by any meanes endeavour to shake or subvert the same THEREFORE We under-subscribers and every one of Us do in the presence of almightie God promise and vow That in this present Parliament We shall faithfully and freely speak answer and expresse our selves upon all and every thing which is or shall be proponed so farre as we think in our conscience may conduce to the glorie of God the good and peace of the Church and State of this Kingdome and imploy our best indeavours to promove the same And shall in no wayes advise voyce nor consent to any thing which to our best knowledge we think not most expedient and conduceable thereto as also that we shall maintaine and defend with our Life Power and Estate His Majesties Royall Person Honour and Estate as is exprest in our Nationall Covenant And likewise the Power and Priviledges of Parliament and the lawfull Rights and Liberties of the Subjects and by all good means and wayes oppose and indeavour to bring to exact tryall all such as either by force practise counsell plots conspiracies or other wayes have done or shall do any thing in prejudice of the puritie of Religion the Laws Liberties and Peace of the Kingdome And further that we shall in all just and honourable wayes indevour to preserve union and peace betwixt the three Kingdomes of Scotland England and Ireland and neither for hope feare nor other respect shall relinguish this vow and promise Read in audience of the Kings Majestie and the Estates of Parliament who approve the same and appoint the said oath to be taken by all members of this Parliament and in all Parliaments hereafter before they proceed to any act or determination ACT VI. ACT ANENT THE RATIFICATION OF The Articles of the Treatie superscribed by the King and subscribed by the President of the Parliament August 26. 1641. OUR Soveraign Lord and Estates of Parliament Ratifies and approves the articles of the large treaty concerning the establishing of the peace betwixt the Kings Majestie and his people of Scotland and betwixt the two Kingdomes of Scotland and England And for his Majestie and his successours perpetually confirmes the same ordaining the same in all time comming to have the full force and strength of perfect security lawes and acts of Parliament Like as his Majesty for Himself and his Successours promiseth in verbo Principis never to come in the contrary thereof for any thing therein contained but to hold the same firme and stable and shall cause it to be truly observed by all his Majesties Lieges according to the tenour intent thereof for now ever Wherof the tenour followes WHereas by his Majesties Royall Wisedome and Princely care of the Peace and Happinesse of his Majesties Dominions a Treaty hath beene appointed for removing of all differences raised betwixt the two Kingdomes and betwixt the King and his Subjects of Scotland and for setling and assuring a firme and blessed Peace for all time to come and a Commission hath been given under the great Seale of England with approbation of both Houses of Parliament bearing date 23. of November in the 16. yeare of his Majesties raigne and in the words following CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith c. To our Right trusty and right welbeloved Cousins Francis Earle of Bedford William Earle of Hartford Robert Earle of Essex And to our right trusty and right welbeloved Cousin and Councellour William Earle of Salisbury And to our right trusty and right welbeloved Cousin Robert Earle of Warwick And to our right trusty and right welbeloved Cousin John Earle of Bristoll And to our right trusty and right welbeloved Cousin and Counsellor Henry Earle of Holland And to our right trusty and right welbeloved Cousin and Councellour Thomas Earle of Berks And to our right trusty and welbeloved Philip Lord Wharton William Lord Paget Edward Lord Kimbalton Robert Lord Brooke John Lord Paulet Edward Lord Howard of Estrick Thomas Lord Savil and Francis Lord Dunsmore Greeting Whereas divers of our Subjects of Scotland have by their severall Petitions humbly besought us that we would be gratiously pleased to grant unto them certaine Demands we reposing especiall trust and confidence in your great wisedomes and fidelities have named assigned and appointed you and by these presents doe name assigne and appoint you to be our Commissioners and doe hereby give and grant unto you or any ten or more of you full power and authority to treat with John Earle of Rothes Charles Earle of Dumfermling John Lord Loudoun Sir Patrick Hepburne of Wauchton Sir William Douglas of Cavers William Drummond of Riccarton John Smith Baily of Edinburgh Alexander Wedderburne Clerke of Dundy Hugh Kennedy Burgesse of Air Alexander Hendersone and Archibald Johnstoun or any of them Or any other deputed or to be deputed by our said Subjects of Scotland or nominated on their behalfe and to take into your serious consideration the said Demands and compose conclude and end all differences arising thereupon Or otherwayes as you or any ten or more of you in your wisedomes shall thinke fit And whatsoever you our Commissioners aforesaid or any ten or more of you shall doe in the premisses We doe by these presents ratifie and confirme the same In witnesse whereof We have caused these our Letters to be made Patents Witnesse our selfe at Westminster the three and twentieth day of November in the sixteenth yeare of our Raigne Per ipsum Regem AND IN LIKE MANNER A COMMISSION hath beene granted by the Committees of the Parliament of Scotland bearing date the last of October and the 4 day of November 1640. and in the words following WEe the Commissioners of the Parliament of Scotland being a full number of both the Quorums thereof under-subscribing Forsomuch as the Kings Majesty our dread Soveraign hath been graciously pleased upon our humble supplications to appoint a Treaty and Conference at Rippon betwixt our Commssioners chosen and sent by Us for that effect and a number of the Peeres of England who accordingly met and have accorded upon certain Articles as well anent the maintenance of our Armie as anent the cessation of Arms during the Treatie And because the time for the ensuing Parliament of England could not permit the Treaty to come to the wished conclusion there his Majestie was therefore likewise pleased to trans-ferre the said Treatie to London where the said Parliament is to hold that there these entrusted by his Majestie and Estates of Parliament may have the better time and place to treat and conclude thereanent Therefore Wee the said Commissioners being a full number of both Quorums thereof under-subscribing by vertue and conforme to the Commission granted to us by the Estates of Parliament doe not onely approve the said Articles already agreed upon and subscribed by our said Commissioners at Rippon but also doe by these presents give full power warrant
or Prince and their Vassals to be free of the said taxe notwithstanding of this present Act or any Act preceding And that letters be direct thereupon by the Lords of Session to charge the Free-holders heritors and life-renters holding of his Majesty and the Prince to conveene at the head Burgh of every shire upon one speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent the saids free-holders heritors and life-renters for the tenth peny more of the said whole summe so calculate for the expences of the letters to be raised therefore and others charges in the collection thereof with certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instance of the said Commissioners for payment thereof in manner above-written And if payment be not made within the dayes contained in the charge so that the Commissioners be forced to pound therefore Then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerlie and if the suspension discusse against the suspender in that case the suspender shall be ordained to make payment to the Commissioners of the double of the summe charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the commissioners of this present Parliament and all Parliaments â—ereafter ACT XIX ACT IN FAVOURS OF THE COMMISsioners for the Sherifdome of Sutherland 11. November 1641. OUR Soveraign Lord and Estates of Parliament considering that by an Act of the date of thir presents made anent the expences of Commissioners of Shires passing to Parliaments or Generall Councels and Conventions allowance shall be given to the saids Commissioners for their whole charges and expences in manner specified in the said Act And that the daily allowance appointed for ilk Commissioner in manner mentioned and divided in the said Act after the rising of the saids Parliaments or generall Councels shall be calculate and put in a summe by the Clerks of Parliament under their hand to be divided and imposed proportionally upon the whole Freeholders of the Kings Majesty and the Prince according to the stent of their lands lying within the Shire And that letters be direct thereupon by the Lords of Session to charge the saids Freeholders of his Majesty and Prince to conveen at the head Burgh of every Shire upon a special day for dividing setting down the proportion thereof in maner foresaid as the said Act made in favours of the said whole Commissioners of small Barons and Shires at more length bears And his Majestie and the saids Estates considering that in the Parliament in the year of God 1633. a particular Act of Parliament was made in favours of the Free Barons and others Inhabitants within the Sherifdome of Sutherland giving power to them to elect and choose their own Commissioners for the said Sherifdome to compeir at Parliaments meetings and generall Conventions within this kingdom at all occasions And considering likewise that by the said Act made in favours of the saids whole Commissioners the Commissioner chosen and attending this present Parliament for the Sherifdome of Sutherland and the Commissioners who shal be chosen and sent from the said Sherifdome of Sutherland to attend thir Parliaments Generall Councels and other Generall meetings and Conventions of Estates hereafter in all time comming shall have no allowance of their expences and charges to be depurst by them in the said service albeit the said Shire be one of the remotest and farthest distance in the Kingdome Because there is onely two Inhabitants within the said Shire holding Lands of the Kings Majesty the whole remanent heritors being either Vassals to the Earle of Sutherland or holding their Lands of some other Superiour And so according to the said generall Act the allowance of the Commissioner of that Shire cannot be divided not imposed for payment and satisfaction of his charges and expences except the samine be extended against the Heritors Fewars and Freeholders within the said Sherifdome holding lands of other Superiours in manner under written Therefore His Majesty and Estates of Parliament ordains the allowance appointed by the said generall Act in favours of the Commissioners of the said Sherifdome of Sutherland to be extended divided and imposed proportionally upon all and sundry Heritors Fewars Life-renters and Freeholders within the said Shire whether they bee Vassals to his Majesty or holding their lands of any other Superiours whatsoever according to the stent of their lands lying within the said Shire and that letters be direct thereupon by the Lords of Session to charge all and sundry the Heritors Fewars Life-renters and Free-holders within the said Shire holding of any Superiour whatsoever to conveene at Dornoch being the head Burgh of the said Shire upon a speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent all and sundry the saids Heritors Fewars Life-renters and Free-holders holding of whatsoever Superiour within the said Shire for the tenth penny more of the saids whole summes so calculted for the expences of the letters to be raised therefore and others charges in collecting thereof With certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instances of the saids Commissioners for payment thereof in manner above written And if payment be not made within the dayes contained in the charge so that the said Commissioners shall be forced to pound therefore then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerly And if the suspension shall discusse against the Suspender in that case the Suspender shall be ordained to make payment to the Commissioners of the double of the sum charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the Commissioners of this present Parliament and all Parliaments hereafter ACT XX. ACT ANENT THE NOMINATION And election of the Officers of Estate 13. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament conveened in Parliament nominated and elected the persons underwritten to the places and offices of Estates of this Kingdome respective after mentioned formerly possest by them viz. Robert Earle of Roxburgh to the place and office of Privie Seale William Earle of Lanerk to the place and office of Secretarie Sir Thomas Hope of Craighall to the place and office of his Highnesse Advocate Sir James Carmichaell to the place and office of
number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect after specified Granting and committing like as his Majesty and Estates foresaids doe by vertue of thir presents grant full power warrand and commission to the forenamed persons or to any twelve of them who shall be a quorum there being alwayes three of them of ilk estate either by themselves or by such others persons as shall be intrusted and authorised by them or their Quorum foresaid for that effect to crave receive uplift and intromet with the foresaid summe of two hundreth and twentie thousand pounds sterling money foresaid yet resting unpayed of the said brotherly assistance promised and obliged to be payed by the said Parliament of England in manner foresaid And with power to the saids Commissioners or such as shall be appointed by them as said is to give and grant discharges upon the receit of the said summe in whole or in part which shall be al 's vallid and sufficient as if the famine were granted by his Majestie and whole body of this present Parliament And with power to them to setle accord and agree upon the best wayes and courses how the said brotherly assistance may be most timously conveniently payed at the termes of payment appointed for that effect or otherwise how the famine may be advanced either by exchange or otherwise for defrayment and reliefe of the saids common burdens as may be most conducible for the reliefe and good of the publick And whatever acquittances or discharges the forenamed persons or such other persons as shall be authorized by them shall grant subscribe upon the receit of the said summe or any part thereof or whatever other course they shall accord and agree upon concerning the famine his Majesty and the Estates of Parliament doe by these presents approve and authorise the same and if need bee shall ratifie the famine in the next ensuing Parliament And generally our said Soveraigne Lord and Estates foresaids grants and commits full power and commission to the forenamed persons and their Quorum foresaid and to these who shall be authorised by them as said is to doe exerce accord and agree upon all and every thing necessary anent the payment and recoverie of the foresaids summes and every thing else which may concerne the samine in all respects needfull and expedient Whereanent our said Soveraigne Lord and Estates of Parliament declares that thir presents shall be a good and sufficient warrand for them and all others whom the samine may concerne the forenamed Commissioners and these to be authorised and appointed by them for the effect above specified being alwayes comptable and answerable for their carriage and proceedings in the premisses ACT XXVIII ACT AGAINST GOING OF Salt-pans and Mils on the Lords day and other prophanations of that day 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering notwithstanding the Acts of the Generall Assembly ratified in this present Parliament June 1640. against the prophaning of the Lords day by going of Salt-pans Salmond fishings Kils Mils and hyring of shearers on the said day yet the saids abuses are not left off but rather increased Therefore Our Soveraign Lord and Estates foresaids for the better restraint of the saids abuses and prophanations do againe inhibite and discharge all going of Salt-pans or Mils and all working of works thereintill upon the Lords day and all hyring and conditioning of shearers on the said day and that under the paines and penalties following to be payed to the particular Sessions of every paroch wherein the abuses before specified are committed to be imployed to pious uses viz. The summe of twenty pounds for ilk day foresaid working in manner foresaid of ilk Salt pan of ilk dayes fishing of Salmond and of ilk Mill to be payed by the heritors and possessors thereof for the time and the masters to be answerable for their servants And the summe of ten pounds for ilk shearer and fisher of Salmond on the Lords day the one halfe to be payed by the hyrers and conducers the other halfe by the persons hired toties quoties And ordaines the magistrates of the town to keep the transgressours in ward while they pay the said penalties for the which the Magistrates shall be answerable to their sessions And further Our said Soveraign Lord and Estates do hereby inhibite and discharge all Markets using of Merchandize carrying of loads upon the Lords day and all other prophanations or abuses thereof whatsoever And that under the same pain of ten pounds to be payed by every transgressour to their Sessions respective for the uses foresaid toties quoties And ordaines the saids penalties respective above specified to be exacted by and attour the confiscation of the salt corne marchandize loads and other goods whatsoever imployed used gayned or made and wrought in the prophaning and a busing of the said Lords day which paine is also hereby ordained And if the transgressours be not able to pay the penalties foresaids ordaines them to be punished exemplarly in their bodies according to the merit of their fault toties quoties ACT XXIX ACT ANENT THE NOMINATION AND Election of Sir James Galloway to be Master of Requests 15. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament nominated and elected Sir James Galloway to be Master of Requests of this His Highnes Ancient and Native Kingdome of Scotland and that ad vitam vel culpam conforme to the Act of this present Parliament made anent the Election of Officers of Estate Councellours and Sessioners upon the sixteenth day of September last by past Like as His Majestie with advice and approbation foresaid Gives and dispones to the said Sir James Galloway ad vitam vel culpam as said is the foresaid office To be Master of Requests of this His Majesties Kingdome With all Honours Dignities Priviledges Profits Casualities and Liberties pertaining to the samine office which have been possest and bruiked by any preceding Master of Requests and which may be now bruiked by the Lawes of this Kingdome And ordains a gift to be past and exped under his Highnes great seale to the said Sir James Galloway of the foresaid office With all Honours Dignities Profits Casualities Liberties and Priviledges pertaining and belonging thereto as said is ACT XXX ACT ANENT THE COMMISSION FOR Plantation of Kirks and Valuation of teinds 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering the humble Supplication of the general Assembly presented by the Commissioners thereof for planting of Kirks uniting or dis-uniting of Paroches and for other pious and good workes mentioned thereintill For the which and other causes after specified It is necessair That power commission be given from His Majesty and Estates to the effect under-written And therefore His Majesty and Estates foresaid have granted and by these presents grant full
Edinburgh Peire and Shore of Leith To answer before the saids persons Commissioners appointed by thir presents for the crymes particularly and respective contained in the said Summonds above written to the effect they may bee further examined by them and may object against such witnesses as shall be cited to compeire to depone in the said matter With full power and Commission to the saids persons or Quorum foresaid to proceed in the cognition and tryall of the crimes particularly and respective above written to the discussing of the relevancie of the Summonds particularly and respective above written and to the receiving of all lawfull probation in the saids crimes above written against the saids persons particularly summond as is above written And to that effect to direct their Precepts and Summonds for summoning of witnesses in the particular crimes respective above specified under the paine of horning and generally all and sundry other things to doe for the exact tryal of the saids persons Providing alwayes that the saids persons Commissioners as is above specified appoynted by thir presents shall not proceed Like as our Soveraign Lord and Estates of Parliament presently conveened by thir presents discharges the saids Commissioners and Quorum foresaid to proceed to any decision in the said poynts or crimes or to pronounce any sentence convictive against the saids persons particularly above written summoned to this present Parliament particularly and respective as said is but onely that the Commissioners foresaids shall doe their diligence in the points particularly above specified committed to them in discussing the relevancie of the said Summonds particularly and respective above written and in receiving all legall probation thereupon And the Commissioners or Quorum foresaid to proceed with all diligence and make their report concerning the relevancie and how farre they shall find the same proved or not without pronouncing any farther sentence against them or any of them and that they finish the processe and tryall before the first day of March next to come ACT XXXV ACT ANENT THE PASSING FROM These who are cited to the Parliament as unfriends 16. November 1641. THe Estates of Parliament Considering that whereas there are divers and sundry persons indited and accused before this Parliament as guilty of certain crimes committed by them against the State and to the prejudice of the peace of this Kingdome Neverthelesse the saids Estates of Parliament considering that by Gods mercy and providence and by his Majesties great wisedome all our tempests are turned into the calme of an happie peace And that tryall is taken anent the persuits and processes for which the saids persons are cited to the Parliament Doe hereby out of their respect to His Majesty to whom they know the famine will be acceptable Declare that they have acquited and discharged And hereby acquits and discharges all other persons cited and called to appeare before them To answer for whatsoever crime or misdemeanour committed during the late troubles And declares the Act of Pacification and Oblivion and benefite thereof to be extended to them siclike as if they had not been cited before this present Parliament And but prejudice alwayes of the restitution to private parties conforme to the said Act of Pacification contained in the Treaty And of all lawfull sentences recovered against any of the said persons before the Committee of Estates And declares that this Act doth not extend to the Incendiaries or plotters but only to such others who are cited to the Parliament as unfriends ACT XXXVI ACT FOR SELLING OF YARNE BY WAIGHT 16. November 1641. OUR Soveraign Lord and Estates presently assembled Understanding how necessar and convenient it is that all yarn be bought and sold by weight Therefore Our Soveraign Lord with advice and consent of the saids Estates Ratifies and approves the Acts of His Majesties Councell Ordaining the same to be sold by weight in all the heads clauses and articles thereof dated at Halyrude-house the 28. of July 1631. years and ordaines the famine to stand as a Law and to take effect in all time coming ACT XXXVII ACT ANENT LINNEN CLOTH And breadth thereof 16. November 1641. OUr Soveraign Lord and Estates presently assembled finding that linnen cloth is become one of the prime commodities of this kingdome whereby many peoare put to worke and money is brought within the same which partlie through the deceit used by the bleitchers in lyming thereof and partly by the incertaintie of the breadth is likely to come in contempt abroad to the great prejudice of this kingdome Therefore his Majesty with consent of the saids Estates Statutes and ordaines that no makers of linnen cloth nor no others whatsoever present to market or other wayes make or sell any linnen cloth of the price of tenne shillings the elne or above of lesse breadth then an elne And all under the said price to be of no lesse breadth then three quarters of ane elne under paine of confiscation of all such linnen presented to marker or other wayes sold which shal be found not to be of the breadth above-named And ordaines the magistrates within whose bounds and jurisdictons the said linnen cloth made contrair to this statute shall happen to come to confiscate and escheat the same And for this effect to search all the markets within their bounds As also discharges and inhibites all our Soveraigne Lords lieges and subjects that none of them presume nor take upon hand to bleitch any cloth with lyme under paine to be punished in their persons and goods at the will of the Magistrate within whose bounds they dwell And last it is stature and ordained that all linnen cloth shall be taken up by the selvedge and not by the rig and so to be presented to the market and ordaines the sheriffe of the shires and Magistrates within burgh to put this statute to execution within their several jurisdictions ACT XXXVIII DIS CHARGING THE IMPORTATION Of strong waters 16. November 1641. OUr Soveraigne Lord and estates of Parliament understanding that there is divers strong waters brought into this kingdome from forraign places which might be more conveniently made within the kingdome to the benefite of the natives thereof Therefore his Majesty which consent of the saids Estates discharges all inbringing of aquavitie or strong waters within this Kingdome under the paine of escheat thereof ACT XXXIX ACT ANENT THE EXSISE OF Herring 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering that his Majesties assise of all Herrings slain within the Reid-head and Saint Tobs-head is a thousand Herrings forth of ilk boat ilk dreave that holds And finding the collecting of these Herrings to be very hard and difficile have thought expedient to modifie the price of these Herrings and convert the famine thousand Herrings into money And therefore our said Soveraigne Lord with the advice of the Estates modifies and converts the price of the said one thousand Herrings payable for assise to the summe of six
pounds money of this Realme and declares that to be the constant price thereof in time comming without respect of deare or cheap Herrings And because the fishers residents in the East Seas and who dwell within the saids bounds on the North and South side of Forth and Tay by-west the Reid-head and Saint Tobs-head in respect of the great hazard and danger they are in in ventring to the North Iles with their Ships and Barks wherein they transport two Boats or Yolles as pendicles of the saids Ships and Barks and vehicles for their use and the better accommodating of their voyage were in use to pay only the summe of five pound in satisfaction of the assise Herrings ilk Tack that holds for ilk Ship or Barke without having respect to Ship-boats and Yolles which are onely pendicles and vehicles of the saids Ships and Barkes Therefore his Majesty with advice of the Estates being certainly perswaded that it is unpossible to the saids fishers to accomplish their voyages unlesse they have two Ship-boats or Yolles carried in the saids Ships or Barks as pendicles and vehicles thereto Declares that the saids fishers are and shall only be liable in the said summe of six pounds in full satisfaction of the assise in the North Iles for ilk Ship or Barke ilk Tack that holds not having regard of the saids ship-boats or Yolles there being but two Boats to ilk ship at the farthest which they do hereby liberate and exeem from all payment of any dutie And discharges all our Soveraigne Lords Lieges for exacting or uplifting any other assise from the saids fishers nor the particular duties above specified And ordaines the collectors thereof to uplift the same legally after ilk dreave and to desist from troubling the fishers during the time thereof ACT XL. ACT ANENT LOYALL PACKING OF Salmond 16. November 1641. OUR Soveraign Lord and Estates presently assembled Understanding that the Salmond fishings are one of the principall benefits whereby Trade is maintained and money brought in the Kingdom and that through the evill ordering thereof both in the insufficiencie of the Barrels alse in the disloyall packing of the same not onely is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should returne thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ordaines an act to be made Ratifying and approving all and sundry Acts of Parliament Lawes and Constitutions of this Realme made anent Salmond fishing and the sufficiency of the barrels and loyall packing thereof With this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappell wherefore he shall be answerable without worme-holes and white wood of sufficient tichtnesse for containing the pickle and sufficient tichtnesse for enduring all kind of stresse in the handling and that the barrels contain no lesse then ten gallons of the Stirling pint conforme to an act of His Majesties Councell of the date at Halyrude-house the fifteenth day of July 1619. yeares which His Majesty with consent foresaid Ratifies and approves in all the heads clauses and articles thereof to be ratified in this present Parliament under the paine of five pounds to be payed by the Couper for ilk unsufficient barrell and escheat of the famine barrell and that the famine be well pyned in the pickle before the packing thereof and thereafter the said barrels to be well tichted and double girted before the transporting thereof to forraign Nations And that no barrell be sooner made and blowne but the Coupers birne be set thereon on the tapone staffe thereof in testimony of the sufficiency of the tree and that every couper be answerable and lyable in payment of such losses as happen to be laid on the fish at the Market if it be found to be in the default of the Couper by the insufficiency of the tree or packing or any other meanes in the Coupers fault and that they keep right jedge both in the length of the staves the bilge girth the widenesse of the head and deepnesse of the chin The barrell being made marked and thrice gene in the packing shall be marked with the marking iron under a very particular merchands mark as use is and that no burgh or any other trading with Salmond shall presume to counterfeit the mark or birne of Aberdene under the paine of confiscation of the Salmond by and attour the punishment of the parties counterfeiters at the pleasure of the judge ordinar the one halfe of the said paine to pertaine to His Majesty and the other halfe to the burgh so wronged And ordaines the Magistrates within burgh to put this act to execution ACT XLI ACT ANENT THE KINGS MAJESTIES Rents uplifted by warrant of the Committee of Estates for the publike use 16. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that during the time of the late troubles of this Kingdome there were some of his Majesties rents customes and impost uplifted and intrometted with for serving of the present necessities of the publike affaires of this Kingdome by warrant of the late Committee of Estates and by other publike orders and that there were sundry by-gone pensions and fees due to diverse of His Majesties Pensioners and Servants satisfied and payed to them conforme to their rights and pensions by order of the late Committee of Estates residing at Edinburgh And His Majesty being graciously pleased to approve and allow of the foresaids intromissions had and payment made in manner and for the causes above-written Therefore our said Soveraign Lord with advice and consent of the saids Estates of Parliament Ratifies approves and dispenses with all such intromission with His Majesties rents customes and impost as have been uplifted payed and intrometted with preceding the twenty ninth day of June last by-past for the uses and causes foresaid Together with the payment of the same made by publike order as said is And declares that the famine payment made and intromission had by warrant from the said Committee of Estates or by other publike orders preceding the said twenty ninth day of June last by-past are and shall be sufficient exoneration to the payers of the saids rents customes and impost and to the receivers of the famine by vertue of the saids publike orders and to all others concerned therein like as the discharges upon the payment thereof by publike order foresaid shall be allowed to the payers of the same in the accounts of their intromission with his Majesties rents customes and impost foresaid to be made in His Majesties exchequer whereanent thir presents shall be a sufficient warrant to all that are concerned therintill and to the Lords and Commissioners of His Majesties Exchequer to allow and defray the famine in the saids accounts to be made in Exchequer by the chalmerlands intrometters with and receivers of his Majesties rents customes and impost foresaid and ordaines