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B05253 Laws and acts past in the third session 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, from the eighteenth of June, 1663. to the ninth of October thereafter, on which day the Parliament was dissolved; by a noble lord, John Earl of Rothes, Lord Lefly and Bambreith ... / with the special advice and consent of the Estates of Parliament.; Laws, etc. Scotland.; Rothes, John Leslie, Earl of, 1630?-1681.; Scotland. Convention of Estates. 1674 (1674) Wing S1278A; ESTC R183991 41,047 48

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Sheriffs under the pain of rebelion with certification c. to find caution Burgesses Indwellers in Edinburgh that they shall yearly make their accompts in Exchequer and pay all things resting owing to the King's Majesty by vertue of their office And sicklike by the two hundred and thirty Act Parliament fourteenth anno one thousand five hundred and ninety four not only the foresaid Act is ratified and approven but also all Chamberlains Fewers Customers Bailies of Burroughs and Sheriffs and others intromettors with the foresaids Rents are ordained to find caution Burgesses of Edinburgh for yearly compearing and making compt in Exchequer And sicklike by another Act. Parliament fifteen Act two hundred and sixty two for preventing of the prejudice that did then arise through the not timeous payment of the foresaids Rents payable out of the High-lands and Isles the saids Fewers are Ordained to find caution to the Exchequer for yearly and thank full payment of the yearly Rents Duties and Services due and payable forth of the Lands possest and occcupied by them or any other in their names wherein if they failed their pretended Infeftments and other Rights and Titles they have to any of their Lands either property or superiority are declared forfault and null Which whole Acts of Parliament respectivè above-mentioned The Kings Majesty and Estates of Parliament taking of new to their consideration and finding no means could have been more probable and conduceable for preventing of these prejudices and obstructions that have arisen to His Majesties Affairs through the not timely payment of His Rents and that the neglect of the exact putting of the saids Acts to execution hath been the only fount in from whence these have sprung Therefore and for preventing of the same in the future the King's Majesty with advice and consent of the Estates of Parliament doth revive Renew Ratifie and Approve rhe foresaids Acts respectively and particularly above written of the dates tenors and contents thereof in all points in so far as the same are or may be extended to the payment or securing of His Majesties Rents and Ordains the same to have force and be punctually obeyed and extended against all Chamberlains Fewers Sheriffs Stewarts of Stewartries Bailies of Regalities Bailies of Burroughs and others lyable in payment of any of His Majesties Rents for finding caution in Exchequer to the Thesaurer principal and Thesaurer-depute who are hereby required to cause charge the foresaids persons particularly above-mentioned at the Mercat-cross of Edinburgh to compear before them to the effect above written with certification not only under the pains contained in the respective Acts of Parliament but also in case of their disobedience to denounce them Rebels at the said Mercat-cross of Edinborgh and to be registrate in the Thesaurers or general Registers of Hornings Which charge denounciation and registration respective the King's Majesty and Estates of Parliament Declares to be as sufficient to all purposes and intents as if the same charge were given to them personally at their dwelling houses and the denounciation at the head Burgh of the Shire where they live and the same registrate in the Sheriff Books thereof And sicklike His Majestie and Estates of Parliament taking to their consideration that several of the saids Fewers charged and denounced for not compearing compting and paying of their saids Duties do ly under the Process of Horning apprehending themselves from the distance of the place secure both as to their persons and goods to the great contempt of His Majesties Royal Authority slighting contemning and vilipending His Majesties Laws And His Majesty and Estates of Parliament considering by the nature duty and office of each Sheriff Stewart and Bailies of Regalities within their respective Jurisdictions they as His Majesties Officers are oblieged and by several Acts of Parliament viz. the 30 Act JA. 4. Par. 3. Par. 6 Act 69 Act 97. JA. 5. Par. 7. Act 74. Par 6. JA. 6. Act 75. JA. 6. Par. 6. Ordained to execute His Majesties Laws and put Letters of Poinding and Caption to execution take and apprehend the Rebels uplift their estates and compt for the same to the Comptroller and Thesaurer and to cause their Clerks give in the Registers of Hornings and to uplift His Majesties retoured Duties blench Duties Taxations and other Duties payable to His Majesty as not only the saids Acts of Parliament but also the several Rolls of Exchequer bears Whereby it appears both by Law and the nature and duty of their Office that they ought to execute His Majesties Letters and cause His Majesty be payed of His Rents by the persons lyable in payment thereof within their bounds and that the contemners of His Majesties Authority be duely punished and His Majesties Laws put to execution by them as His proper Officers Therefore the King's Majesty and Estates of Parliament Ordains when any of the foresaids persons for disobedience to the charges given to them for payment of the Mails Farmes and Duties as said is are denounced rebels and put to the horn Letters be directed to charge the Sheriff of the Shire and his Deputes Stewart of the Stewartry Bailie of the Regalitie respective within those bounds where the saids persons dwells or lands lyes to take and apprehend their persons and put them in warde ay and while payment be made to the Thesaurer and Thesaurer-depute or others appointed by them and an eque retired thereof or to poind and distrenȝie the readiest goods and geer and make sale of so much thereof and to cause His Majesties Thesaurer and Thesaurer-depute and others appointed by them for that effect to be compleatly payed of the said sum charged for or to instruct sufficient and exact diligence for the same within twenty one dayes next after they be charged With certification if they failȝie the saids twenty one dayes being by-past Letters shall be directed to charge them or their respective cautioners to make payment thereof themselves under the pain of rebellion and putting of them to the horn and if they failȝie to denounce them rebels c. in manner above-specified XV. ACT concerning Beggars and Vagabonds OUr Soveraign Lord considering the many laudable Acts of Parliament made by His Majesties Royal Predecessors for relief of the Poor and for constraining of Beggars Vagabounds and idle Persons to take themselves to lawfull Callings that they might not be burdensom and dis-gracefull to the Kingdom Especially the seventh Act of the sixth Parliament of His Majesties Royal Grand-father King James the sixth of happy memory Ordaining the names of the Poor of ilk Paroch and such as must be necessarily sustained by almes to be taken up and to tax and stint the persons within the Paroch according to the estimation of their substance without exception of persons to such weekly charges and contributions as should be thought sufficient to sustain the said poor People And the hundred and sixty eight Act of the fifteenth Parliament of King James the sixth Ratifying
exportation of money forth of the Kingdom ibid. 11. Act for encouragement of Tillage and Pasturage Page 15 12. Act for a new Imposition upon English Commodities ibid. 13. Act imposing a Custom upon Corn imported from Ireland into this Kingdom Page 17 14. Act for in-bringing of His Majesties Rents ibid. 15. Act concerning Beggers and Vagabonds Page 20 16. Act anent the measure of Coal Page 22 17. Act anent the Foot-measure ibid. 18. Act discharging Munday and Saturday Mercats in Royal Burghs Page 23 19. Act anent Lint-seed Hemp-seed and Steel Page 24 20. Act anent Manses and Glebs and poinding for Ministers Stipend ibid. 21. Act anent Comprisings Page 25 22. Act anent sentences of Excommunication Page 26 23. Act for additional provision in favours of the Vniversities Page 27 24. Act regulating the proportions of Excise in the several Shires and Burghs Page 28 25. An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland Page 30 26. Act asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners Page 32 27 Commission for plantation of Kirks and valuation of Teinds ibid. 28. Act anent penal Statutes Page 36 29. Act Salvo jure cujuslibet A Table of the special Acts and Ratifications past in the several Sessions of this Parliament which are not printed FIRST SESSION PRotestations by some Noble-men Commissioners from Shires and Burghs concerning their precedencies in the Rolls of Parliament Act discharging Sir Archibald Johnstoun of all publick Turst Act concerning the Burial of the Corps of the late Marquess of Montrose and Laird of Dalgety Commissions for the Lords of the Articles and Bills Exoneration to Mr John Po●ng concerning the Registers Record of the production of the Patents granted by His Majesty to His Officers of State and their Admissions Record of the production of some Patents of Honour 〈◊〉 Earl of Dalhousie and others against Mr. Robert Hodge Act in favours of the Laird of Mackclean Precognition in favours of the Master of Bamff Commission to Mr. John Wilkie to collect the vacand Stipends Act rescinding the pretended forfeiture of the Marq of Montrose Act allowing Messengers to execute Summons of Treason Exoneration in favours of the Earl of Crawfurd and Lindsay Act concerning the Magistrates of Kirkwall Act 〈◊〉 an Imposition at the Bridge of Mufleburgh Commission for visiting the University of Aberdeen Act anent the election of the Magistrates of Monross Decreet Archibald Lamont contra Campbel Act for an Imposition at the Calsees of Cowie-month Reference Mackenȝie contra Mackpherson Decreet Earl of Perth contra Sir George Mouat Act in favours of some Ministers for their Stipend Acts in favours of Col. Weymes Col. Lesly and James Scot. Letter and Act in favours of the Laird of Renton ☞ Act for a Bridge at Ramal-well craig on Clyd Act in favours of the Town of Wigtoun concerning a Bridge Decreet Lockhart contra Bonar Decreet Mackenȝie of Redcastle contra Gilbert Ker and others Decreet Elizabeth Dutchy contra Henrie Dennistoun Act anent the Custom and Price of imported Tobacco-pipes Decreet Carnaigie contra Carnaigie Ratification to the Earl Marshal of the Sheriff-ship of Aberdeen Protestation by the Earl of ●●xburgh in name of the Marquess of Huntly against the some Ratification in favours of Mr. Adaw Cunningham of Wood-hall of the Commissariot of Drumfries Ratification in favours of the new Colledge of Aberdeen Protestation by the Town of Aberdeen against it Ratification in favours of Sir John Vr●●hart of Cromarty Rat. to Mr. Hary Hay of the Commissar-clerkship of Edinburgh Ratification to John Ramsay of his Office from the Lord Register Ratification in favours of the Burgh of Elgin Ratification in favours of Thomas Manson Ratification of the erection of the Kirk of Kinless Rat. to Mr. Thomas Young of the Commissar-clerkship of Lauder Rat. of the erection of the Town of Findorn in a Burgh of Barony Protestation Town of Forres against it Ratification in favours of Wat. Rat. to Mr. James Nicholson of the Commissariot of Brichen Ratification to John Newel Ratification in favours of Harie Blaickwood Ratification to Alexander Monro of the Commissariot of Stirling Act concerning the Town of Kirkwall Rat. to the Town of Edinburgh of the regality of the Cannongate Rat. to the Town of Edinburgh of the mark upon the Tun. Rat. Town of Edinb of the Land called The King's work at Leith Rat. Town of Edinb of the Customs at the house of the Mure. Rat. of the Town of Edinburghs new Charter of Confirmation Act in favours of Mr. James Daes Commission for tryal of the burning of the Gates of Drumlaurig Act concerning the Earl of Perth and Lord Drummonds losses Act concerning Sir Thomas Hamiltoun of Prestoun his Writes Act rescinding the pretended forfeiture of the Marquess of Huntly Act rescinding the pretended forfeiture of Mackdonald of Largy Act rescinding the pretended forfeiture of Sir John Gordoun of Haddo Act for a contribution for repairing the Harbour of Peterhead Act in favours of the Town of Dunce Act in favours of George Campbel Modifications to suffering Ministers out of the vacand Stipends Ratification in favours of the Earl of Mar. Ratification in favours of the Town of Nairn and Protestation by the Laird of Caddel against it Ratification in favours of the Earl of Panmure and Protestation by the Burgh of Arbroth against it Ratification in favours of the Burgh of Innerness and Protestation for Redcastle and Danean and the Burghs of Forteross Cromarty and Dingwall against it Ratification in favours of the Earl of Linlithgaw Ratification to the Earl of Callander Ratification to the Town of Musteburgh Ratification in favours of Robert Thomson and Protestation by the Earl of Athol against it Ratification in favours of Mr. Thomas Murray Ratification in favours of Mr. John Finlay Ratification in favours of the Burgh of Wigtoun Act for a weekly Mercat and two Fairs yearly in Bauden Ratification in favours of the Royal Burroughs Ratification in favours of the Earl of Weymes Ratification in favours of the Burgh of Kirkcaldy Commissions for trying some persons suspected of witch-craft His Majesties nomination of the Lords of Sess and their Admission ☞ Act for the sitting and diets of the Session The Lord Registers nomination of the Clerks to the Session to the registration of Seasings and admission of Notars and their admission conform to their Gifts from the Lord Register Act establishing the Sheriffdom of Ross and the bounds of it Commissions for the Fishings on the waters of Vgie and Itham Act to James Weymes for a new invention of Milnes c. Act in favours of the Earl of Lauderdaile anent the Lordship and Regality of Musleburgh and superiority thereof Protestation by the Lord Colintoun that the said Act should not prejudge him of his Right to the Teind of the Paroch of Hales Act in favours of the Earl of Lauderdaile Act in favours of the Earl of Lauderdaile concerning the Writes and
narrow Cloath two pounds eight shillings upon ilk ell of Searge thirty shillings upon ilk ell of Castilians fourty eight pounds upon ilk Beaver-hat twenty four pounds upon ilk Demy-beaver and Vigon and three pounds upon the piece of ilk common Hat thirty six pounds upon ilk dozen of worstead Stocking twenty four pounds upon the duzon of Stag-gloves and twelve pounds upon the dozen of single Stags Cordiva●s Kid or Shiverings and twenty four shillings upon ilk pound of Tobacco imported either for sale or private use into this Kingdom from England all Scots money Be exacted levied and collected and fourscore per cent upon all other sorts of Commodities imported into this Kingdom from England and not particularly named in this Act and upon all the growth and manufactury of that Kingdom though imported from any other place and that over and above all other impositions upon the same already And to the effect this present Act may be the more exactly put to execution It is Statute and Ordained That all Goods imported from England or of the growth and manufactury of England not above particularly exprest shall be valued after sighting by two skilfull honest men upon oath to be nominate by the Dean of Gild or his assessors or Magistrates of the Burgh or next adjacent Burgh to the Custom-office where the saids Goods are entered or by the oath of the party to whom the saids Goods belongs and accordingly pay the said fourscore per cent And the Lords Thesaurer and Thesaurer-depute and Lords of His Majesties Exchequer are hereby required to take an Oath and bond with sufficient Caution from the Farmers Collectors of the saids impositions that they shall exactly collect the same without any abatement thereof directly or indirectly and that they shall not suffer any of the saids Goods to pass or be conveyed away unentered and that under the penalty of the worth of the saids Goods if the contrary shall be made appear the one half thereof to His Majesties use and the other half to the informer and under the pain of forfaulting their Tacks and Commissions and being declared incapable to farm or collect in any time hereafter any Custom Excise or other Imposition whatsoever within this Kingdom And if any of the foresaids Goods or Commodities shal be informed and made appear to be brought in or shal be seized upon not being entered in the Custom-office or any other Office appointed for that effect then the same to be wholly confiscat the one half to His Majesties use and the other half to the first informer or seizer thereof XIII ACT imposing a Custom upon Corn imported from Ireland into this Kingdom THe Estates of Parliament considering what great sums of money are carryed out of the Kingdom by persons importers of Corn hither from Ireland who having sold their Corns export the money without battering any of the Commodities of this Kingdom whereby the whole Nation particularly those near adjacent parts of the Kingdom are much impoverished of money And that it is just and reasonable that the said Corns should bear Custom toward the increase of His. Mjesties Revenue proportionably with other imported Commodities especially when the Corns of this Kingdom are sold at easie rates Therefore the King's Majesty with advice and consent of His Estates of Parliament Doth hereby imposs three pounds Scots of Custom upon ilk boll Linlithgow measure of Corn imported into this Kingdom from Ireland after the first day of September next and appoints thirtie shillings Scots to be raised upon ilk boll already imported and not yet retailed conform to an Act of the Committee of Estates made thereanent in anno one thousand six hundred and sixty But least the more indigent sort of people might be prejudged by hightning the prices of the saids Corns in time of dearth under pretence of the said Custom Therefore the King's Majesty with advice and consent foresaid doth hereby give power to the Lords His privy Council to remit and discharge the exacting of the said Custom when they shall find the prices of the Victual of this Kingdom Meal and Barley respective to exceed eight pounds the boll And appoints the Lords of His Exchequer to cause put this Act to full execution and cause the foresaid Custom be exactly levied with power to them to allow such fies to the Collectors thereof as they shall think fit XIV ACT for in-bringing of His Majesties Rents FOrasmuch as His Majesty and Estates of Parliament taking to their consideration the great contempt and neglect of the several Fewers and others lyable in payment of His Majesties Rents where through notwithstanding of the diligence and endeavours of His Majesties Thesaurer principal Thesaurer-depute and others His Majesties Officers appointed for the management of His Majesties Revenue the same are not payed or otherwise so unseasonably payed that it proves a great hindrance and prejudice to His Majesties Affairs And finding several Acts of Parliament made for the timeous and seasonable payment of His Majesties Rents as well constituting the time and sitting of Exchequer to the effect that the persons lyable in payment might know both the time place and persons where when and to whom they should compt and make payment of the saids Duties as also such sensures and penalties as might induce them to due obedience thereto Particularly the sixty third Act Par. eleventh Holden by His Majesties Grand-father of blessed memory in anno one thousand five hundred and eighty seven Ordaining the Exchequer to sit down the first day of July yearly and to continue to the last day of August thereafter requiring not only the Thesaurer Comptroller Collector their Deputes and other Officers to be present and give their attendance during the said time but also all persons lyable in payment who ought to make compt in Exchequer to be charged by Precepts to compear thereat under the pain of fourty pounds to be up-lifted by the Thesaurer Ordaining Letters of Horning to be directed against them for payment thereof and that the saids persons do attend for making of the saids accompts to the close thereof and in case of disobedience to the said Precept that they be charged of new at the Mercat-cross of Edinburgh and in case of their disobedience to the said charge to be denounced Rebels at the said Cross which denuonciation is declared to be as sufficient as if the same were at the head Burgh of the Shire where the person liveth and that the Horning be registrate in the Thesaurers books or Sheriff books of Edinburgh And sicklike by the sixty fifth Act of the said Parliament All Chamberlains and other Receivers of His Majesties Rents as well heretable as moveable are ordained to find caution to the Thesaurer in Edinburgh for making compt at the ordinar time of Exchequer and payment within twenty dayes after the terme And also by the eighty Act of the said Parliament it is Ordained that Letters be directed charging the
their diets of meeting from time to time and the Committee to take care that the sums thus alloted shal be put into a Stock and setled upon Land or otherwayes by advice of the respective Bishops who are Chancellors of the saids Universities and Ordains the Annual-rent of the said Stock to be proportioned to the Masters and Professors of each Universitie as the Visitors thereof shall appoint And further His Majesty and Estates foresaid do Ordain that Stipends and all Benefices of Kirks that shall vaik after the first day of February in this following year of God one thousand six hundred and sixty four for the space of seven years next thereafter shall be up-lifted by Collector thereof and imployed by him in the maner and according to the proportions above-specified for increasing of the Stock of each Universitie Declaring that the fifty two Act of the first Session of this Parliament Concerning the disposal of vacand stipends shall be of no force during the space of the years foresaid and Ordains Letters of Horning and Poinding and all other execution necessary to be directed at the instance of the saids Bishops or any to be appointed by them and at the instance of the said Collector for the more speedy in-bringing of the sums respective above-mentioned Further His Majesty and the Estates of Parliament do recommend to the Lords of the Privy Council to entertain and promote any voluntary offer or contribution for the ends aforesaid to be made by Noble-men or Gentlemen for a work so worthy of the publick wisdom piety and honour of this Kingdom It is alwayes Declared that this Act shall be without prejudice of Acts past in this Parliament for allowing the vacand Stipends of the Diocess of Isles and Argyl for breeding of young Schollars the sum being regulate by the Committee above-named and that this Act shall be no preparative for laying on any burdens on the Clergy hereafter without their own consent XXIV ACT regulating the proportions of Excise in the several Shires and Burghs THe Estates of Parliament taking to their consideration the grievances represented to them by several Shires and Burghs anent the excessive proportions of Excise laid upon them by the late Act of Parliament and what great burthen the Land-rent of the said Shires and Burghs lyesunder for making up the saids proportions and the great ease which several other Shires have in their proportions And it being just and reasonable that all publick impositions of that nature should be equally distributed upon those lyable in payment thereof Therefore the King's Majesty with advice and consent of the Estates of Parliament Statutes and Ordains that the several Shires and Burghs of this Kingdom shall for the moneths of November and December next one thousand six hundred and sixty three and January one thousand six hundred and sixty four years and in all time thereafter be lyable in the monethly paiment of the respective proportions under-written viz. The Shire of Edinburgh principal in the sum of two thousand one hundred and fourty pounds Scots money The Town of Edinburgh in the sum of two thousand nine hundred thirty two pounds The Shire of Haddingtoun in the sum of one thousand two hundred fourscore and eleven pounds The Shire of Berwick in the sum of six hundred and ten pounds sixteen shillings The Shire of Raxburgh in the sum of seven hundred threescore twelve pounds sixteen shillings The Shire of Selkirk in the sum of one hundred fourty seven pounds ten shillings The Shire of Peebles in the sum of one hundred thirty seven pounds ten shillings The Shire of Lanerick in the sum of nine hundred threescore eight pounds eight shillings The Town of Glasgow in the sum of one thousand threescore sixteen pounds four shillings The Shire of Dumfriese in the sum of six hundred fifty six pounds The Shire of Wigtoun Kircudburgh in the sum of seven hundred thirty two pounds twelve shillings whereof the Stewartry of Kircudburgh is to pay the sum of four hundred threescore one pounds and the Shire of Wigtoun the sum of two hundred threescore eleven pounds twelve shillings The Shire of Air in the sum of one thousand six hundred thirtie nine pounds sixteen shillings the Shire of Dumbartoun in the sum of two hundred fifty four pounds The Shire of Bute in the sum of fifty seven pounds The Shire of Renfrew in the sum of four hundred fifty seven pounds four shillings The Shire of Stirling in the sum of nine hundred and threescore pounds eight shillings The Shire of Linlithgow in the sum of seven hundred fourescore nineteen pounds four shillings The Shire of Perth in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings The Shire of Kincardin in the sum of three hundred threescore three pounds twelve shillings the Shire of Aberdeen in the sum two thousand four hundred and eighteen pounds nineteen shillings The Shire of Bamff in the sum of four hundred fourty seven pounds three shillings The Shire of Innerness in the sum of seven hundred fourscore fourteen pounds eight shillings The Shires of Elgin and Nairn in the sum of five hundred fourscore sixteen pounds four shillings The Shire of Cromarty in the sum of twenty four pounds The Shire of Argyl in the sum of four hundred fourty three pounds sixteen shillings The Shire of Fyfe and Kinross in the sum of three thousand six hundred and eight pounds eight shillings The Shire of Forfar in the sum of one thousand twenty four pounds four shillings The Town of Dundee in the sum of seven hundred and eighteen pounds four shillings The Shire of Sutherland in the sum of threescore twelve pounds twelve shillings The Shire of Caithness in the sum of one hundred fifty three pounds four shillings The Shire of Orknay and Zetland in the sum of two hundred fourty three pounds sixteen shillings The Shire of Clackmannan in the sum of two hundred and six pounds two shillings And the Shire of Ross in the sum of two hundred and four pounds money foresaid Any thing in the said Act of Parliament to the contrary notwithstanding which is hereby Declared to be of no force or effect as to the proportions of the said Excise after the said first day of November next XXV An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland FOrasmuch as the Estates of Parliament upon consideration of the great blessings this Kingdom enjoyeth under the protection of His Majesties Authority and the administrations of His Royal Government being thereby not only delivered from their former troubles and all the evils which attend such usurpations but being fully restored to and possest of all the liberties and priviledges of a free people Have by their several addresses to His Saored Majesty made offer of their lives and fortunes and all that is dearest to them for the advancement of His Royal Honour Authority and Greatness And this Kingdom being
still more and more sensible of this their happiness by the often and renewed expressions of His Majesties grace and favour and of His tenderness and care of their preservation in the peaceable and secure enjoyment of their Religion Laws Liberties and Properties Do find themselves the more oblieged to renew the expressions of their duty and loyalty to His Majesty And therefore the Estates of Parliament of this His Majesties ancient Kingdom of Scotland do in name and behalf of all His Majesties good Subjects within the same by these presents renew the dutifull tender of their lives and fortunes for the promoving of His Majesties Service and the advancement of His Royal Authority And as they do chearfully recognosce His Majesties Royal Prerogative and undoubted Right of the sole power of raising arming and commanding of His Subjects So in a further acknowledgment of their duty they do make humble and hearty offer to His Majestie of twenty thousand Footmon and two thousand Horse-men sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportions following viz. From the Shires of Roxburgh and Selkirk one thousand three hundred thirty three Foot and one hundred fourty eight Horse From the Shire of Berwick eight hundred Foot and seventy four Horse From the Shire of Edinburgh eight hundred Foot and seventy four Horse From the Shire of Haddingtoun eight hundred Foot and seventy four Horse From the Shire of Peebles two hundred sixty six Foot and twenty nine Horse From the Shire of Linlithgow three hundred thirty three Foot and fourty two Horse From the Burgh of Edinburgh Lieth and Canongate eight hundred Foot From the Shire of Dumfries eight hundred Foot and eighty eight Horse From the Shire of Wigtour eight hundred Foot and eighty eight Horse From the Shires of Air and Renfrew one thousand three hundred thirty three Foot and one hundred seventy six Horse From the Shire hundred fourty eight Horse From the Shires of Stirling and Clackmannan six hundred sixty six Foot and eighty eight Horse From the Shires of Fyfe and Kinross one thousand six hundred Foot and one hundred seventy six Horse From the Shire of Perth one thousand six hundred Foot and one hundred seventy six Horse From the Shire of Forfar one thousand Foot and one hundred and three Horse From the Shire of Kincardin and Marshals part of Aberdeen eight hundred Foot and seventy four Horse From the rest of Aberdeen and Shire of Bamff one thousand sixty six Foot and one hundred seventy six Horse From the Shires of Elgin Nairn and this side of Ness one thousand Foot and eighty eight Horse From the Earl of Seafort and Lord Lovat their division of Innerness six hundred sixty six Foot and eighty eight Horse From the Shires of Sutherland and Caithness and the rest of Innerness one thousand sixty six Foot and eighty eight Horse From the Shires of Argyl Dumbartoun and Bute eight hundred Foot From the Shire of Orknay six hundred sixty six Foot Which Forces are to be in readiness as they shall be called for by His Majesty to march to to any part of His Dominions of Scotland England or Ireland for suppressing of any forreign invasion intestine trouble or insurrection or for any other service wherein His Majesties Honour Authority or Greatness may be concerned And for the better prosecution hereof the Estates of Parliament do humbly intreat His Majesty may be graciously pleased to give Commissions to such persons to be general Officers Colonels Lieutenant-colonels Majors and Rute-masters as His Majesty in His Royal judgement shall think fit and for the other Officers or any other thing fitting to be done for perfecting of the Levies and carrying on of this business they do humbly recommend to His Majesty to give His direction therein to His Privy Council who are hereby impowered with Commission and Authority for the ordering disposing and sole managing of this Affair in such a way as this dutifull offer of the Parliament to His Majesty may be made most effectual and according to the instructions and commands they shall receive from His Majesty And the Estates of Parliament do Declare that if His Majesty shall have further use of their service this Kingdom will be ready every man betwixt sixty and sixteen to joyn and hazard their lives and fortunes as they shall be called for by His Majesty for the safety and preservation of His sacred Person Authority and Government XXVI ACT asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners THe Estates of Parliament considering that during the late tronbles divers invasions were made upon the Royal Prerogatives of the Crown and that in a just abhorrence thereof and in a due sense of the happiness they enjoy under His Majesties Government they are oblieged on all occasions to vindicat and assert the same in the several branches thereof And since the ordering and disposal of Trade with forraign Countries and the laying of restraints and impositions upon forraign imported Merchandizes is by the Law of Nations acknowledged to be proper to and inherent in the persons of all free Princes as an undoubted Prerogative of the Crown They therefore in a dutiful and humble recognizance of His Majesties Prerogative-royal do Deelare That the ordering and disposal of Trade with forraign Nations and the laying of restraints and impositions upon forraign imported Commodities doth belong to His Majesty and His Successors as an undoubted Priviledge and Prerogative of the Crown and that by vertue thereof they may lay such impositions and restraints upon imported forraign Commodities and so order and dispose upon the Trade of them as they shal judge fit for the good of the Kingdom Likeas the King's Majesty with advice and consent of His Estates in Parliament doth hereby rescind and Annull all Acts Statutes Constitutions and Customs to the contrary and Declares the same void and null in all time coming XXVII COMMISSION for Plantation of Kirks and valuation of Teinds THe King 's most Excellent Majesty being desirous to prosecute the work of valuation of Teinds and plantation of Kirks in reference to His own interest for the annuity and the universal good of His people especially for the incouragement of the Ministers of the Gospel Doth with advice and consent of His Estates of Parliament Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royal Father of blessed memory in anno one thousand six hundred and thirty three entituled Commission for valuation of Teinds in the whole heads clauses and conditions thereof except in so far as there hath been alterations made therein by Acts and Commissions made and granted by his Majesty since the date of the said Act or granted by any pretended Parliaments since and which are Ratified Salved or Reserved by this present Parliament and which alterations are not destructive of and contrary to this present Act or
by which the Custom and Bullion imposed upon the Coal should be payed Doth herefore with advice and consent of His Estates of Parliament Statute and Declare That the rates of Custom and Bullion imposed upon the Chalder of Coal is and shall be understood of the Culrosschalder and the saids rate exacted and paid according to that measure allanerly notwithstanding of any former Custom to the contrary XVII ACT anent the Foot-measure THe Estates of Parliament considering that notwithstanding by the ancient Laws of the Kingdom the ell is designed to be thirty seven inches yet many use inches by which the ell is divided into fourty two inches and of those small inches make the Foot-measure of a smaller proportion then it ought to be to the great prejudice of the Lieges and that the occasion of this liberty hath been because that hitherto hath no Standard been appointed for Foot-measures as well as other measures The refore His Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That from and after the first day of June next one thousand six hundred sixty four no Workman nor other person shall make use of any other Foot-measure then such as consists of twelve of these inches whereof the ell contains thirty seven And that this may be the better made practicable to the Lieges Ordains an exact Standard foot to be made by the Magistrates of Edinburgh before the first of January one thousand six hundred and sixty four of Iron or Copper and preserved by the City of Edinburgh for all time coming And that all Burghs shall have a measure made according to it and hung at their Tolbooth doors or upon their Mercat-crosses before the first of March one thousand six hundred and sixty four and any Burgh that shall fall in this shall be lyable to the penalty of one hundred pounds Scots And Ordains That all Wrights Glasiers Masons and all other sorts of publick Work men shall work by this Foot-measure allannerly that the Lieges may not be abused by variety of measures Providing alwayes that this do infer no further priviledge to the Burg of Edinburgh in justing of the Standard to the Shires and Burghs within the Kingdom then the keeping of the same nor to any others that have Standards of the like nature XVIII ACT discharging Munday and Saturday Mercats in Royal Burghs OUr Soveraign Lord considering that there is much occasion given for profanation of the Lords-day in the Royall Burghs by keeping their weekly Mercats on Monday and Saturday and that the same may be as conveniently kept on other dayes of the week Doth therefore with advice and consent of His Estates in Parliament Inhibit and Discharge all the Royal Burghs from keeping any Mercats in time coming upon the Monday or Saturday under the pain of one hundred Merks to be payed by each of the Royal Burghs for every contravention respective And allows them to change and keep their Mercats on other dayes of the week as they have done formerly since the year one thousand six hundred and fourty four and that they make timeous intimation of the change to the next adjacent Burghs It being alwayes Declared that this Act is not to be extended against Fleshers in Royal Burghs who may keep Mercat of Fleshes in their respective Burghs upon these dayes this Act notwithstanding XIX ACT anent Lint-seed Hemp-seed and Steel THe Estates of Parliament taking to consideration the manifold mistakes and differences that do and may arise betwixt the Farmers of excise and Merchants anent the exacting of Excise upon Lint-seed Hemp-seed and Steel which seems to be occasioned because these Commodities are not particularly excepted in the Act of the Annuity from payment of Excise And being certainly informed that the present Farmers of Excise and their Collectors do require and exact duty of Hemp-seed Lint-seed and Steel contrary to the meaning of the said Act of Annuity and of the fourtieth Act of this present Parliament made for encouragement of Manufacturies Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Doth Declare all Hemp-seed Lint-seed and Steel to be included in the generality of the proviso of the said Act of Annuity as also of the said fourtieth Act whereby all materials for Manufacturies are exempted from Excise XX. ACT anent Manses and Glebs and poinding for Ministers Stipends OUr Soveraign Lord considering the great difficulties which often-times the Ministers of the Gospel do meet with in the due payment of their Rents and Stipends So that they are sometimes forced to use legal execution by poinding and in so doing are necessitate to carry the Goods poinded to be apprised at the Mercat-cross of the head Burgh of the Shire Stewartry Bailery or Regality many miles distant from the place where the Goods are poinded to the great prejudice of the party and of the Goods also Therefore His Majesty with advice and consent of the Estates of Parliament Declares That it shall be sufficient to the Ministers foresaid in poinding apprizing and distrenȝying the Goods of the persons deficient in payment of their Rents and Stipend to comprise the saids Goods by honest sworn men upon the ground of the Lands and place where the Goods are which shall be as sufficient as the same were done at the Mercat-crosses And because notwithstanding of divers Acts of Parliament made of before divers Ministers are not yet sufficiently provided with Manses and Glebs and others do not get their Manses free at their entry Therefore our Soveraign Lord with advice foresaid Statutes and Ordains That where competent Manses are not already built the Heretors of the Paroch at the sigh of the Bishop of the Diocess or such Ministers as he shall appoint with two or three of the most knowing and discreet men of the Paroch build competent Manses to their Minister the expences thereof not exceeding one thousand pounds and not being beneath five hundred merks And where competent Manses are already built Ordains the Heretors of the Paroch to relieve the Minister and his Executors of all cost charges and expences for repairing of the foresaid Manses Declaring hereby that the manses being once built and repaired and the building or repairing satisfied and payed by the Heretors in manner foresaid the saids Manses shall thereafter be upholden by the incumbent Ministers during their possession and by the Heretors in time of vacancy out of the readiest of the vacand Stipend In like manner Ordains that every Minister have fewel foggage feal and devots according to the Act of Parliament made in anno one thousand five hundred and ninety three As also that every Minister except such Ministers of Royal Burroughs who have not right to Glebs have grass for one horse and two kine over and above their Gleb to be designed out of Kirk-lands and with relief according to the former Acts of Parliament standing in force And if there be no Kirk-lands lying near the Ministers Manse
And although by a special Act of this present Parliament the pretended Parliament holden in anno one thousand six hundred and fourty nine and in the beginning of the year one thousand six hundred and fifty is from the beginning Declared void and null and all that had followed thereupon Yet nevertheless His Majesty doth with advice foresaid authorize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or more appointed by the said pretended Parliament for plantation of Kirks and valuation of Teinds and all execution competent thereupon Excepting such Decreets and Sentences given in favours of Ministers for their Stipends or for dividing uniting annexing or building of Kirks which shall be found to have been unjustly or exorbitantly decerned The determination whereof is hereby referred by His Majesty with consent foresaid to the saids Commissioners that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids Acts Decreets and Sentences as they shall think fitting conform to the Laws Practick and Custom observed preceeding the year one thousand six hundred and fourty nine And Ordains Processes upon supplications to be summarily granted parties alwayes being cited and that without any reduction And it shall be lawful to the saids Commissioners or quorum foresaid to proceed in all Summons and Actions to be intended for that effect within the space of two years after the first down-sitting of the Commission And whereas it may fall out that some of the saids Commissioners may be unable to attend the service through death sickness or other known impediment Therefore His Majesty Declares that He shall be carefull to fill their places with other persons qualified whose oaths for faithfull discharge of the same shall be taken by the Lord Chancellor or in his absence by the President of the said Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and the Acts Decreets and Sentences thereof to have the force strength and effect of a Decreet and Sentence of Parliament and the Lords of Session to grant and direct Letters of Horning Poinding and others requisit in manner contained in the foresaids Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heretors who should be willing to buy should have their own Teinds at reasonable rates Therefore His Majesty with advice foresaid Statutes and Ordains That all Heretors whose Teinds are not valued excepting as is formerly excepted in this Commission shall have liberty to value and buy the same at such rates as is contained in the Acts of Parliament one thousand six hundred and thirty three With power to the saids Commissioners to augment the saids rates according to the burden of augmentation and others sustained by the Titulars since the saids Acts and the saids Heretors to have the liberty of buying as said is within the space of three years after the valuation With this Declaration alwayes That in case the impediment during the time foresaid flow from the Titular by reason of his minority or other in-ability in that case the Heretor who offers himself ready to buy his own Teind within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space above-exprest And it is Declared that if the Heretor be Minor and his Tutors neglect the buying of his Teind within the foresaid space the Minor shall have action for two years after his minority to compell the Titular for selling of his saids Teinds And His Majesty with consent foresaid hereby discharges all former Commissions Declaring the same to be expired XXVIII ACT anent penal Statutes THe King 's most Excellent Majesty having out of His grace and goodness to His Subjects granted an full and free Act of Indempnity Pardon and Oblivion for all crimes and offences committed by them relating to the late troubles and more fully exprest in the tenth Act of the second Session of this Parliament And considering that besides these there be divers arbitrary and pecunial pains adjected to penal Statutes which being strictly exacted would prove an heavy burden to the Subjects who may be lyable thereto And His Majesty being desirous now at the close of this His first Parliament that all His good Subjects may find the effects of His mercy as to exceed all former presidents so to be beyond their own expectation Hath therefore thought fit with the advice and consent of His Estates of Parliament by these presents to Discharge Pardon and Remitall contraveeners of any penal Statutes for all deeds heretofore done by them contrary to the tenor thereof Excepting the Statutes concerning the unlawfull taking of Usury transporting of Silver and Gold slaying of red and black Fish and all Acts and Statutes past in this present Parliament which are no wayes discharged by this present Act. XXIX ACT Salvo jure cujuslibet OUr Soveraign Lord and Estates of Parliament considering that in this last Sossion of this present Parliament many particular Acts and Ratifications have been past wherein divers Clauses may be inserted prejudicial to the rights and interests of several persons albeit it hath alwayes been His Majesties purpose and meaning and the purpose and meaning of the Estates of Parliament in this as in all preceeding Parliaments That all particular Acts and Ratifications general or special howsoever conceived where persons concerned have not been heard for their Interest before the passing thereof should not prejudge private Rights of parties Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all praticular Acts and Ratifications whatsoever past in this last Session of this present Parliament shall be interpreted Salvo jure cujuslibet Excepting alwayes an Act and Ratification past in this Session of Parliament in favours of the Duke and Dutchess of Buccleuch of their Contract of Marriage which is Declared by His Majesty and Estates of Parliament no wayes to be comprehended herein Extracted from the Records of Parliament by me Sir ARCMIBALE PRIMEROSE of Chester Knight and Barronet Clerk of His MAJESTIES Council Registers and Rolls A. Primerose Cls. Reg. A TABLE of the printed ACTS 1. ACt against separation and disobedience to Ecclesiastical Authority Page 3 2. Additional Act concerning the Declaration to be signed by all persons in publick Trust Page 6 3. Act against Protections Page 7 4. Act for the establishment and constitution of a National Synod Page 8 5. Act anent ruinous houses in Royal Burghs Page 9 6. Act discharging the importation of Srong-waters c. Page 10 7. Act discharging the mixing of Tin with Lead Page 11 8 Act anent the discharging of Advocations for sums within two hundred merks ibid. 9. Act in favour Minors anent the duties of the Lands comprised from them Page 12 10. Act against