Commission to John Earle of Rothes Lord Lesley c. Charles Earle of Dumfermling Lord Urquhart and Fuby c. John Lord Londoun Sir Patrick Hepburne of Wachtoun Sir William Douglas of Cavers William Drummond of Riccarton John Smith of Edinburgh Mr. Alexander Wedderburne of Dundy and Hugh Kennedy of Air as members of the Estates of Parliament And because many things may occurre concerning the Church and Assemblies thereof Therefore besides these of the Estates we nominate and appoint Mr. Alexander Hendersone and Mr. Archibald Johnstoun whom we adjoyne for that effect With power to them or any seven of them there being alwayes two of every Estate to passe to the said City of London and there or at any other place convenient mutually to be agreed upon to meet and conveen with any who shall be appointed by his Majesty and Estates of Parliament of England for the foresaid Treaty giving granting and committing like as we by these presents give grant and commit to them in manner foresaid full power warrant and commission to treat consult advise determine and agree as well anent the satisfying and granting of our Demands as in obtaining and securing a setled peace for all time comming conforme to the instructions given to them herewith or which shall be sent to them hereafter by us or any one of the said Quorums at the Campe of Edinburgh thereanent With power to them as said is to do everything which may conduce for the better and easier obtaining of our said demands and establishing a setled peace conforme to the said particular instructions in such like manner as we might do if we were all personally present our selves in full number promising to hold firme and stable all and every thing our said Commissioners in manner foresaid shall do in the Premisses conforme to the said instructions And in case it shall be found expedient or necessary to adde any more Commissioners to the foresaid persons these who shall so be sent authorized under our hands or the full number of any of the said Quorums shall have a like power and Commission by vertue of these presents with the fore-named Commissioners in such like manner as if their names were particularly exprest herein In witnesse whereof these presents are subscribed at Newcastle and Edinburgh the last of October and 4. of November 1640. SIC SUBSCRIBITUR Rothes Montrose Cassils Lothian Lyndesay Balmerino Naper Burghly Jo. Cooper Thomas Hope Ricccarton Caprinton Gaitgirth Dundas Edward Edgar Rich. Maxwell James Scot. Gorterfield Hume Hammilton Mr. Will. More Ja. Sword Hew Kennedy Rutherfoord And forasmuch as by vertue of the said Commissions the Commissioners therein authorised have treated and by the assistance and blessing of God have agreed upon the heads and articles following 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 agreed upon by the Scottish and English Commissioners at the City of Westminster the seventh day of August 1641. THe SCOTTISH COMMISSIONERS having given in the Declaration following viz. WEE doe still in all Loyalty as becomes humble and duetifull Subjects acknowledge our dependency upon his Majesty as our dread Soveraign whether his Majesty live in Scotland or England and shall alwayes and in all things witnesse our high respects and best affections to the Kingdome and Parliament of England according to the strong bonds of nature and religion by which the two Kingdomes are joyned under one Head and Monarch yet as wee are fully assured that the Kingdome and Parliament of England is for the present farre from any thought of usurpation over the Kingdome and Parliament of Scotland or their Lawes and Liberties so for the preventing the misunderstanding of the Posterity and of Strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of our proceedings which may arise upon our comming into England and our treating in time of Parliament We doe by these declare and make known that neither by our Treaty with the English nor by seeking our peace to bee established in Parliament nor any other actions of ours doe wee acknowledge any dependency upon them or make them Judges to us or our Lawes or any thing that may import the smallest prejudice to our Liberties but that wee come in a free and brotherly way by our informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyne our endeavours in what may conduce for the good and peace of both Kingdomes no otherwise then if by occasion of the King his residence in Scotland Commissioners in the like exigence should be sent thither from England DID DEMAND that his Majesty would bee graciously pleased to command that the Acts of the late Parliament may bee published in his Highnesse name as our Soveraign Lord with consent of the Estates of Parliament conveened by his Majesties authority WHEREUNTO it is answered and agreed That for as much as the Kings Majesty at the humble desire of his Subjects did call and conveen a Parliament to be holden at Edinburgh the 2. of June 1640. wherein certain Acts were made and agreed upon which Acts his Majestie for the peace and good of his Kingdome is pleased to publish in his owne name with consent of the Estates and therefore commands that the said Acts bearing date the 11. day of June 1640. be published with the Acts to be made in the next Session of the same Parliament and that all the said Acts aswell of the precedent as of the next Session to be holden have in all time comming the strength of Lawes and to be universally received and obeyed by all the Subjects of the Kingdome of Scotland His Majesty doth in the word of a King promise the publishing of the said Acts in such sort as is above specified As for the manner of publishing the said Acts his Majesty approves that the Declaration of the Estates in the beginning of the Acts and the conclusion at the end may be past in silence at the publishing of the Acts and left out in the printed Copies And if any thing shall further occurre concerning the manner of publishing the said Acts his Majesties Commissioner may then offer it to the Estates to be considered of his Majesty being most assured that the Estates of Parliament will have a great care not to suffer his Majesties authority to be prejudiced in the managing of these great affaires Tertio Decembris 1640. THE SECOND DEMAND that the Castle of Edinburgh and other strengths of the Kingdome should with the advice of the Estates of Parliament according to their first foundation be furnished and used for defence and security of the Kingdome IS AGREED UNTO THE THIRD DEMAND that Scottish men within his Majesties Dominions of England and Ireland may be freed from censure for subscribing the Covenant and be no more pressed with oathes and subscriptions
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
unwarranted by their Lawes and contrary to their Nationall oath and Covenant approved by his Majesty It is thereto answered and agreed in his Majesties name upon Decemb. 8. 1640. That as his Majesty hath granted your first and second Demands so doe we in his Majesties name answer to the third That all these who in his Majesties Dominions of England or Ireland have been imprisoned forfeited or censured any other way for subscribing of the Covenant or for refusing to take any other Oath contrary to the same shall be freed of these censures and shall be fully restored to their Liberties Estates and Possessions And for time comming that the Subjects of Scotland as Subjects of Scotland shall not be constrained to any oath contrary to the Lawes of that Kingdome and the Religion there established but such of the Kingdome of Scotland as shall transport themselves into the Kingdome of England or Ireland and there be setled Inhabitants either by way of having inheritance or free-hold or by way of setled Trades by which the way of trading of the Factors of Merchants nor of Merchants themselves is not to be understood shall be subject to the Lawes of England or Ireland and to the oathes established by the Lawes and Acts of Parliament in the said Kingdomes respectively wherein they live and have their ordinary and constant residence and not otherwayes And the English and Irish shall have the like Priviledge in Scotland 8. Decembris 1640. To the fourth Demand craving that his Majesty may be graciously pleased to declare as an Act of Royall Justice serving much to his owne Honour for the establishing of his Throne and for the good and Peace of both Kingdomes That whosoever shall be found upon Tryall and Examination by the Estates of either of the two Parliaments they judging against the Persons subject to their owne Authority to have been the Authors and Causers of the late and present troubles and combustion whether by labouring to make and forment Division betwixt the King and his People or betwixt the two Nations or any other way shall be liable to the Censure and Sentence of the said Parliaments respectively Conforme to the Paper of Decemb. 9. 1640. It is answered upon the 11. of Decemb. 1640. That his Majesty beleeveth he hath none such about him And therefore concerning that point he can make no other Declaration then that he is just and that all his Courts of Justice are free and open to all men His Parliament in this Kingdome is now sitting and the current Parliament of Scotland neere approaching the time of their meeting To either of which hee doth not prohibite any of his Subjects to present their just grievances and complaints of whatsoever nature each medling and judging against the Persons subject to their own Authority 11. Decembris 1640. It is further answered upon the said 11. of December 1640. To your fourth Demand Concerning Incendiaries that his Majesty beleeveth he hath none such about him Therefore concerning that point he can make no other Declaration then that he is just and that all his Courts of Justice are to bee free and open to all men His Parliament in this Kingdome is now sitting and the current Parliament of Scotland neere approaching the time of their meeting in either of which respective he doth not prohibite the Estates to proceed in trying and judging whatsoever of his Subjects And whereas it was further demanded that as his Majesty would not hinder any of his Subjects to be tried and judged by the Parliament so that none after the Sentence of the Parliament should have accesse to his Majesty or be maintained and enjoy Places or Offices and have credit or authority to informe and advise his Majesty Conforme to the Paper of December 23. 1640. It is declared in his Majesties name upon December 30. 1640. Besides his Majesties former Answers His Majesty hath commanded us to declare in his Name That he will not imploy any Person or Persons in Office or Place that shal be judged incapable by sentence of Parliament Nor wil he make use of their service without the consent of Parliament nor grant them accesse to his Person whereby they may interrupt or disturbe that firme Peace which he now so much desireth he being confident that they will proceed in a faire just way and according to their severall professions with that respect to his honour which in reason he may expect from good and dutiful Subjects 30. of Decemb. 1640. The fifth Demand That their ships and goods and all Dammage thereof may be restored Is condescended unto and to be reciprocal That all Ships and Goods taken at Sea or stayed in Ports with dammage bee restored on both sides And that some summary course be agreed upon for the performance thereof upon the Demands of the particulars on both sides Conforme to the Paper of December 30. 1640. And further it was agreed upon the 7. of Januarie 1641. Stilo Scotico That all Ships taken and stayed should be reciprocally restored on both sides And that the Scottish Commissioners having informed that about fourescore Ships of Scotland are yet stayed in the Ports and are like to suffer much further losse and dammage if they shall not be delivered into some hands who may have care of them It is agreed for the more speedy expedition of the Scottish Ships and that the owners thereof be not longer damnifyed by the want of them that warrants shall bee presently granted for delivery of all their Ships and that foure thousand pounds be presently advanced for Cauking Sailes Cordage and other necessaries for helping the present setting forth of the said Ships And for the rest of this Article when it shall come in the sixt Demand it shall be agreed unto 7. of Januarie 1641. Stilo Scotico To the sixth Demand concerning the losses which the Kingdome of Scotland hath sustained and the vast charges they have been put unto by occasion of the late troubles and the reparation desired from the Justice and kindnesse of the Kingdome of England towards reliefe thereof in manner and upon the ground exprest in the Paper of the 7. of Januarie 1641. Stilo Scotico It is answered that this House thinks fit that a friendly assistance and relief shall be given towards supply of the losses necessities of the Scots that in due time this House wil take into consideration the measure maner of it Conform to the paper 22. of Jan. 1641. Stilo Scotico And further the Parliament upon the 3. of February did declare that they did conceive that the summe of three hundred thousand pounds is a fit proportion for the friendly assistance and relief formerly thought fit to be given towards supply of the losses and necessities of their Brethren of Scotland and that the House would in due time take into consideration the manner how and the time when the same shall be raised Conforme to the Paper of the 3. of
tryall and censurethere so that the same be reciprocall to both Nations but other Criminalls and Debts to be referred to the Laws THE PROPOSITIONS AND ARTICLES Given in by the Scots Commissioners after the Lord Loudoun his return from the Parliament of Scotland THat the Treatie of Peace may bee brought to a speedy and happy close wee did offer to your Lordships consideration the particulars following 1 That so soone as the Scottish Army shall remove out of England to Scotland the English Garrisons of Barwick and Carlile should remove simul semel 2 Lest Malefactors who have committed Theft Murther and the like crimes crave the benefit of the Act of Pacification and Oblivion for whom it is no wayes intended there would be an exception from the said Act of all Legall pursuit intended or to be intended within the space of an yeere after the date of the Treaty Again all Theeves Sorners Out-laws Fugitives Murtherers Broken men or their Receptors for whatsoever Theft Reifs Harships Oppressions Depredations or Murther done or committed by them and all lawfull Decrees given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to dignosce and take cognition whether the same fals within the said Act of Pacification and Oblivion or not 3 It is desired that the demand concerning the not making or denouncing of warre with Forraigners without consent of both Parliaments may be condescended unto by the King and Parliament of England which is ordinary and universally observed in all mutuall Leagues which are both defensive and offensive And because the wars denounced by one of the Kingdomes with Forraigners although made without consent of the other Kingdome will ingage them by necessary consequence or if the consideration of that Proposition shall require longer time then the present condition of the important affaires of the Parliament may permit and lest the speedie close of the Treaty bee thereby impeded It is desired that this Demand with the two other Articles of the same nature the one concerning Leagues and Confederations and the other concerning mutuall supply in case of forreigne invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have power to treat and advise there upon for the good of both Kingdomes and to report to the Parliaments respectivè 4. It is desired That the Articles concerning Trade and Commerce Naturalization mutuall Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England And namely that demand about the pressing of ships or men by Sea or Land Or if shortnesse of time and exigencie of affaires may not permit the present determination of these Demands It is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof for the good of both Kingdomes And to make report to the Parliaments respectively And that the Charters or Warrants of the Scottish Nation for freedome of shipping in England or Ireland from all Customes Imposts Duties and Fees more then are payed by the Natives of England and Ireland granted by King James under the broad Seal of England upon the eleventh of April the thirteenth yeere of his Reigne and confirmed by King Charles the nineteenth of April the eighth yeere of his Reigne may be ratified and enacted in the Parliament of England 5. That the extracts of Bands and Decreets put upon Record and Register in Scotland may have the like faith and execution as the French Tabelliones have in England or Ireland seeing they are of alike nature and deserve more credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments 6. The manner of safe conduct for transporting the money from England to Scotland by Sea or Land would be condescended upon in such a way as the charges be not exorbitant 7. The tenour of the Commission for conserving of peace would be condescended unto together with the times and places of meetings and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make like Commission and name their Commissioners for that effect 8. The Parliament of Scotland doe joyne their earnest hearty desire and crave the Parliament of Englands concurrence that none be in place about the Prince his Highnesse but such as are of the reformed religion 9. That an Act of Parliament of publike faith for payment of the 220000. pounds of the brotherly assistance which is arrear may be presently framed and expedited according to the termes agreed upon 10. It is desired that the Quorum to whom the Scots should addresse themselves for payment of 220000. pounds be condescended upon 11. That the order for recalling all Proclamations c. made against his Majesties subjects of Scotland be drawn up and intimated in due forme and time with the publick thanksgiving at all the Parish Churches of his Majesties Dominions 12. It is desired that the Articles concerning the Castle of Edinburgh and other strengths of that Kingdom may be understood to be that the same shall bee disposed of for the weale of the Kingdome as the King and Parliament shall think expedient THE ENGLISH LORDS COMmissioners answer THat upon the disbanding of the Scottish Army the Garrisons of Barwick and Carlile shall be removed according to the Article of the Treatie on that behalfe The second Article is condescended unto according to the provision added to the Act of Oblivion and Pacification 3.4.5.6 The third demand concerning the making of war with forreigners with the other two Articles concerning Leagues and Confederations and concerning mutuall supply and assistance against forraine invasion is agreed to be referred to Commissioners to be chosen by his Majesty and the Parliaments As likewise the 4.5 and 6. Articles concerning Trade Commerce Naturalization mutuall priviledge and capacity and others of that nature and the demands concerning the extracts of Bands and Decreets and the maner of safe conduct for transporting of moneys from England to Scotland are all referred to be taken in consideration by the Commissioners to be appointed by both Parliaments who shall have power to advise and treat thereupon and report to the Parliaments respectively 7 It is just that the tenour of the Commission for conserving of peace should be agreed upon by mutuall consent but the closing of the treaty not to stay hereupon but to be left to the Commissioners to be named 8 To that desire concerning such as should be placed about the Prince the King hath already given a cleere and satisfactory answer 9 That there be an Act of Parliament of publike faith for securing the paiment of 220000 pounds which is
THE ACTS MADE IN THE SECOND PARLIAMENT OF OUR MOST HIGH AND DREAD SOVERAIGNE CHARLES By the grace of God King of Scotland England France and Ireland Defender of the Faith c. Holden at Edinburgh in the severall Sessions thereof according to the dates therein mentioned Acts past and done in this present Session of Parliament the eleventh of June 1640. EDINBURGH Printed by Robert Young and Evan Tyler Printers to the Kings most excellent MAJESTIE ANNO 1641. Cum Privilegio Regiae Majestatis ACTS PAST AND DONE IN THIS PRESENT Session of PARLIAMENT the eleventh of June 1640. ACT I. ACT ANENT THE CHOOSING OF Robert Lord Burghlie to be President in this Court and Session of Parliament in respect of the absence of the Kings Commissioner THE Estates of Parliament presently conveened by His Majesties speciall authoritie Considering that in respect of the absence of His Majesties Commissioner they are necessitate to make choyse of one of their number to be President in this present Session of Parliament And understanding the sufficiencie of Robert Lord Burghlie for that charge They all in one voice with one consent did nominate elect and choose the said Robert Lord Burghlie to bee President and to proceed in this present Session and Court of Parliament for discussing and handling of the matters to be determinat thereintill ACT II. ACT ANENT THE CONSTITUTION Of the Parliament and all subsequent Parliaments THE Estates of Parliament presently conveened by His Majesties speciall authoritie Considering that this present Parliament was indicted by His Majestie for ratifying of such Acts as should be concluded in the late Assemblie of the Kirk for determining all Civill matters and setling all such things as may conduce to the publick good and peace of this Kirk and Kingdome And considering the severall complaints of this Kirk unto Parliaments from time to time proceeding from her continuall experience of prejudice and ruine through many persons and specially of Prelates their attempting to voyce or do any thing in name of the Kirk without either bearing Office in the Kirk or having commission from the Kirk And the Acts of the late Generall Assemblie condemning the office of Bishops Archbishops and other Prelates and the civil places and power of Kirkmen as their voycing and ryding in Parliament and craving the abolishing of these Acts of Parliament which grants to the Kirk or Kirkmen vote in Parliament to be abrogate as prejudiciall to her Liberties and incompatible with her spirituall nature Considering also that there are conveened in this present Parliament by His Majesties speciall indiction warrant and authoritie the Nobilitie Barons and Burgesses the Estates of this Kingdome who have a full and undoubted power to proceed and determine in all matters concerning the publick good of this Kingdome and that notwithstanding of the absence of the Prelates who by former Lawes were appointed to bee members of Parliament And to the effect none presume to move any question there anent The saids Estates now conveened as said is have declared and by these presents declares this present Parliament holden by the Nobilitie Barons and Burgesses and their Commissioners the true Estates of this Kingdome to be a complete and perfect Parliament and to have the famine power authority and jurisdiction as absolutely and fully as any Parliament formerly hath had within this Kingdome in time by-gone And ordaines all Parliaments hereafter to be so constitute and to consist onely in all time comming of the Noblemen Barons and Burgesses as the members and three Estates of Parliament And rescindes and annulls all former Lawes Acts of Parliament made in favours of whatsoever Bishops Archbishops Abbots Pryors or other Prelates or Churchmen whatsoever for their ryding sitting or voycing in Parliament either as Churchmen or the Clergie or in name of the Church or as representing the Church as an State or member of Parliament by reason of their Ecclesiasticall Offices Titles Dignities or Benefices and namely the 231. Act Parl. 15. K. Ja. 6.1597 anent the Kirk and specially parsons and prelates representing the third Estate and the 2. Act Parl. 18. K. Ja. 6.1606 anent the restitution of the estate of Bishops and their representing the third Estate with all Acts and Constitutions of Convention Councell or Session and all practises and customes whatsoever in so far as the same or any clause thereof tends or may be extended to the effect foresaid as being found and declared prejudiciall to the Libertie of this Kirk and Kingdom and to the puritie of the true reformed Religion therein established And prohibites all persons whatsoever to call in question the authoritie of this present Parliament upon whatsoever pretext under the pain of treason ACT III. ACT ANENT THE CHOOSING of Committees out of every Estate THe Estates of Parliament presently conveened by vertue of His Majesties speciall authority Considering that there have divers questions arisen in this present Parliament anent the freedome of the Parliament either to choose or not to choose Committees for Articles when they resolve to choose anent the manner of election of them anent their use and power By reason the same is not yet determined nor set down by any Acts of former Parliaments for removing whereof avoyding the great prejudice which by experience they find will hereby redound to this Kingdom and to the liberty freedom dignity of the supreme Courts of Parliament They have thought it necessary that a solid Order be set down as wel declaring the Liberty of the Parliament in the manner of their proceedings by themselves alone or by Committees for Articles as prescribing the form and manner of the election of these Committees for Articles and defining their use power and manner of proceeding to be observed in all times coming AND THEREFORE have statute and declared That according to the Liberty of all free Judicatories anent their own preparatorie Committees all subsequent Parliaments may according to the importance of Affairs for the time either choose or not choose severall Committees for Articles as they shall think expedient And that any subsequent Parliaments making election of Committees for Articles to prepare matters for them shall proceed in manner following To wit That these of the Noblemen shal be named and chosen by the Noblemen themselves out of their number And by the Barons Commissioners of Shires by themselves out of their number And the Burgesses Commissioners of Burrowes by themselves out of their number The names of the which persons so named and chosen out of every Estate not exceeding for every Committee the number prescribed by the Act of Parliament 1587. being openly read and made known to the whole Estates sitting in plain Parliament The said Estates having received any propositions which are ever first to bee presented to themselves by an Act shall authorize the said persons with power to treat reason and consult upon the expediencie or inexpediencie of such Articles allanerlie as shal be committed and
kept and holden in their saids Burghs upon the dayes hereby appointed and that no markets bee kept upon the Mundayes for the goods hereby discharged in time coming And last the saids Estates of Parliament discharges and prohibits all markets and trysts to be kept hereafter upon Sunday throughout all this kingdome and discharges all the Lieges from all keeping thereof upon Sunday hereafter and ordaines this Act to stand in full force as a law while the next assembly that the inconveniences redounding hereby to the Lieges being represented to that Assembly the Assembly may consider thereof and as they finde the same sufficient they may supplicate the next ensuing Parliament to rescind this Act in whole or in part as after triall it shall be found hurtful to the Lieges ACT XIV ACT FOR TAKING ORDER WITH THE Abuses committed on the Sunday by the confluence of people for hyring of shearers on Sunday FOrsamekle as the prophanation of the Sunday is greatly occasioned in the time of harvest by the great confluence of people to publick places as ports or streets of townes and paroch Kirkes of Landward everie Sunday from morning to preaching time for hyring shearers the week following whereof there ariseth also sundry tumults disorders swearing drinking and often fighting on the Sabbath day For remeed hereof the Estates of Parliament presently conveened by his Majesties special authority refers and remits the samine to be taken order with to the Justices of peace and Kirk Sessions where the abuse shall be committed hereafter by the coufluence of the said people and hyring of the saids shearers upon the Sunday as said is as the saids Justices of peace and Kirk Sessions shall find the saids abuses then to be committed to deserve ACT XV. FOR DIRECTING LETTERS OF HORNING And Caption by the Lords of Session against the excommunicate Prelates and all other excommunicate persons THe Estates of Parliament conveened by his Majesties speciall authoritie Considering the necessitie of reviving and putting in execution the 53. Act of the third Parliament of King Iames the sixth Anent Letters of horning and caption to follow upon excommunication of the Kirk after fourtie daies Renews and revives the said Act of Parliament and ordaines the Lords of Session to grant Letters and other Executorials against the excommunicate Prelates and all other excommunicate persons ACT XVI ANENT THE LARGE DECLARATION Or MANIFESTO THe Estates of Parliament conveened by his Majesties speciall Authoritie Considering that the supplication of the late generall Assembly to his Majesties Commissioner against a book called A large Declaration as followeth was presented unto Us by the Commissioners of the Kirk and recommended to his Majesties Commissioner for obtaining from his Majesties Justice and Goodnesse the desire thereof And as the said Book was examined by the appointment of the Assembly and found to be dishonourable to God and his true Religion to this Kirk and Kingdome to the Kings Majesty and to the Marques of Hammiltoun then his Majesties Commissioner and divers others persons therein and to be full of lies in averring known untruths in wilfull concealing and perverting many truths in wresting of intentions words and actions as is particularly contained in the censure of the book registrate in the Registers of Assembly So they having re-examined the same declares their judgement to be the same there-anent And therefore ordaines the Authours and Spreaders thereof to bee most severely punished according to the Lawes of this Kingdome against liesing-makers betwixt the Kings Majesty and his Subjects slanderers of the King and Kingdome and raisers of sedition and discord betwixt them that all others may be deterred from such dangerous courses Gods honour may be vindicate the innocencie of this Kirk and Kingdome and his Majesties Justice and goodnesse may appeare not onely in censuring such Malefactors but in discouraging all such underminers of his Majesties Throne and abusers of his Royall Name by prefixing the same to such scandalous and dishonourable Treatises ACT XVII STATUTARIE APPOINTING PARLIAments to be holden once every three yeare THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering that by reason of his Majesties ordinary residence forth of this his ancient and native Kingdome the grievances and complaints of his good Subjects cannot have so free and easie accesse to his Majesties eares as the same may be conveniently represented to his Majesties Commissioners and the Estates of Parliament from time to time and how necessary it is that frequent Parliaments be keeped within this Kingdome for preservation of the puritie of the true Religion now by Gods providence established within the same and for the equall and impartiall administration of Justice to all his Majesties Subjects and maintaining of peace and concord amongst them by applying of the true and lawfull remedies to their grievances and complaints and timous suppressing of all abuses and corruptions which otherwayes from small beginnings will grow to great disorders which frequent Parliaments were continually observed in this Kingdome before his Majesties Father of happie memorie went into England Have statute and ordained that every three yeare once at least a full and free Parliament shall be holden and oftner as his Majestie shall be pleased to call them within the bounds of this Kingdome in the most commodious place and convenient time to be thought upon appointed and affixed by his Majestie or his Commissioner for the time and the Estates of Parliament before the ending and closing of every Parliament and to be the last Act thereof And the whole Estates wisheth that as it was their happinesse to have his Majesties presence at all Parliaments while the King had his residence in this Kingdome so that his Majestie would be pleased to be present at each Parliament and they humbly supplicate his Majestie for that effect ACT XVIII ANENT THE KEEPERS OF THE CASTLES Of Edinburgh Striveling and Dumbartane THe Estates of Parliament presently conveened by his Majesties speciall Authority Considering that the commandement of the Castle of Edinburgh wherein the most part of the publike Registers and Records and the Honours of the Kingdome are keeped and siclike the commandement of the Castle of Striviling and Dumbartane being a charge of great weight and importance concerning as well the Kings Majesties honour and safetie as the securitie and safetie of this whole Kingdome ought not to be committed but to such persons as are knowne and approved by the whole course of their life to be true and faithfull Subjects to his Majesty and trustie and well affected Countrey-men loving and tendering the peace prosperitie and good of this whole Kingdome and the preservation and advancement of the true reformed Religion now therein by Gods providence established and professed and intertaining of Unitie betwixt the King and his good Subjects Have therefore statute and ordained and hereby statutes and ordains that the custody and keeping of the saids Castles shall be only intrusted to such persons as are natives
Febr. 1641. Stilo Scotico and given in to the Treaty upon the 5. of the said Moneth And whereas it was desired by the Scottish Commissioners that the English Commissioners would let them know from the Parliament the security manner and termes of Payment of the foresaid summe of three hundred thousand Pounds and of the Arrears due for reliefe of the Northerne Counties It was agreed unto by warrant and order of the Parliament that they should have fourescore thousand Pounds as a part of the foresaid summe of three hundreth thousand pounds with the whole Arrears due to the Army before the disbanding thereof Conforme to the Paper of the 26. of May 1641. and given in to the Treaty upon the 27. of the said Moneth And concerning the security for paying of the remnant of the said sum of three hundred thousand pounds which is Arreare extending to 200 and 20000 Pounds It is resolved and agreed unto by both Houses of Parliament That an act of Parliament of publike Faith shall passe for security thereof And that one moity or equall halfe of the same extending to one hundred and ten thousand Pounds shall be payed at Midsommer in Anno 1642. And the other moity or equall halfe thereof to be payed at Midsommer in Anno 1643. as the order of the houses of Parliament of the 19 25. daies of June 1641. doth more fully purport And in like maner whereas it was desired by the Scottish Commissioners that they might know to whom they should addresse themselves for payment of the summes at the dayes appointed by the Parliament Conform to the Parliaments determination of the 19. of June Secondly at what place the payment should be made Thirdly that a safe conduct may be granted for the secure transporting of the moneys to Scotland at the times of the payment agreed upon It is answered and resolved by the Parliament That these Earles Lords and Commissioners following shall be the persons to whom the Scots shall addresse themselves for the receiving of the summes at the dayes appointed by the Parliament Earl of Bedford Earle of Essex Earle of Warwick Earle of Holland Earle of Stanford Lord Wharton Lord Mandevill Lord Brook Mr. Martin Sir Thomas Barrington Mr. Capell Sir Ar. Ingram Sir Gilbert Gerrard Sir Robert Pye Mr. H. Bellasis Sir Walter Earle Sir William Litton Sir Henry Mildmay Sir Thomas Cheek Sir John Strangewayes Mr. Arthur Goodwine Mr. Hampden Alderman Soam Alderman Pennington Resolved upon the question That the place of payment shall be the Chamber of London Resolved upon the question that a safe conduct shall be granted for the secure transporting of the moneyes to Scotland at the termes of Payment agreed upon at the charge of the Scots Conforme to the Paper June 22. 1641. yeares To the seventh Demand desiring that as his Majestie hath approved the acts of the late Parliament wherein all such Declarations Proclamations Books Libels Pamphlets as have bin made written or published against his loyal and dutifull subjects of Scotland are re-called and ordained to be suppressed and destroyed So his Majesty may be pleased to give order that the same may be suppressed recalled forbidden in England and Ireland and that the loyalty integrity and faithfulnesse of his Majesties subjects of Scotland towards his Majesties Royall Person Government may at the closing of this Treaty of Peace and at the time of publick thanksgiving for the same be made known in all places and all Parish Churches of his Majesties Dominions This was the more earnestly desired confidently expected from his Majesties Justice goodnesse Because no calamity or distresse hath so sore vexed or so deeply wounded the hearts of his Majesties Subjects as that their loyalty and love towards their Native King should have been controverted by the malignancy of bad Instruments brought into suspition And because they unfainedly desire pray for his Majesties happinesse and are resolved by all meanes and at all occasions to deny themselves and what they have for his Majesties Honour As is more fully contained in the Paper of the 8. of February 1641. Stilo Scotico It is answered upon the 10. of February 1641. Stilo Scotico We do agree that all declarations proclamations acts books libels and pamphlets that have been made published against the loyalty dutifulnesse of his Majesties subjects of Scotland shal be recalled suppressed forbidden in England Ireland And that this be reciprocall in Scotland if any such have bin made or published there in prejudice of his Majesties honour And this upon diligent inquiry to be done by the authority of the Parliament next sitting in Scotland of which the Commissioners of Scotland doe promise to have an especial care And we do also agree that when it shall please Almighty God to grant a happy close of this Treaty of Peace the loyalty of his Majesties said Subjects shall be made known at the time of publick thanksgiving in all places particularly in the Parish Churches of his Majesties Dominions Unto which we are the rather induced for that you expresse how deeply it hath wounded the hearts of his Majesties said Subjects that their loyalty love to his Matie their native King should be brought in question suspition Whereas they unfainedly desire pray for his Majesties happines are resolved by all means at all occasions to deny themselves what they have for his Majesties honor 10. Febr. 1641. stilo scotico Concerning the eighth Demand for an happy and durable Peace which is the chiefest of all our desires and unto which all the former seven Articles being now agreed upon are as many Preparations We do first of all desire that all monuments tokens shews of hostility upon the borders of the two kingdoms may be taken away that upon the reasons considerations particularly exprest in the paper of the 10. of Febr. 1641. stilo scotico That not only the Garrisons of Barwick and Carlile may be removed but that the works may be slighted and the places dismantled It is answered and agreed upon the 14. of June That his Majesty is desirous that all things betwixt the Kingdomes of Scotland and England bee reduced into the same state they were in before the beginning of the late troubles And therefore Hee doth give his Assent to the advice of the two Houses of Parliament that the Garrisons of Barwicke and Carlile upon the disbanding of the Scottish Army now in England and of all such Forces as are gathered together in Scotland be likewise presently removed And that the Fortifications of Barwick and Carlile bee also reduced to the same condition they were before the late troubles So that all Fortifications in Scotland bee likewise put in the same condition they were before the said troubles And that the Workes bee not repaired but suffered to decay and that the Ordinance and Ammunition bee removed And that it bee without prejudice to his Majesties
former grant of the second Demand Concerning the keeping of the Castles of the Kingdome of Scotland 14. of June 1641. To their desire concerning unity in Religion uniformity of Church-government as a speciall meanes for conserving of Peace betwixt the two Kingdoms upon the grounds and reasons contained in the Paper of the 10. of March given into the treaty and Parliament of England It is answered upon the 15. of June That his Majesty with the advice of both Houses of Parliament doth approve of the affection of his Subjects of Scotland in their desire of having Conformity of Church-government betweene the two Nations and as the Parliament hath already taken into consideration the Reformation of church government so they wil proceed therin in due time as shal best conduce to the glory of God the peace of the Church of both Kingdoms 11. of June 1641. To their desire of the Kings Majesty and the Prince their comming and residing some times in Scotland upon the reasons given in February 16. 1641. Stilo Scotico It is answered upon the 9. of June that his Majesty doth take in good part the sense his Subjects of Scotland have of his absence and the dutifull expression they make of their desire to have Him and the Prince his Sonne frequently among them and assuring himselfe that they have no other intention in this Demand but meerely to expresse their love to his Person and the welfare of his ancient Kingdome He declares unto them that as he shall finde the urgency of those affaires require his presence and his other conveniences here permit He will repaire thither and the Prince his Sonne so farre as he may know and be acquainted with the People there 9. of June 1641. To the desire concerning the manner of choosing and placing of the officers of State Counsellors and Sessioners within the Kingdome of Scotland by advice of the Parliament upon the grounds and reasons given in March 15. 1641. Stilo Scotico It is answered the 9. of June in his Majesties name We intend nothing more heartily and really then that our People shall be governed by the Laws of the Kingdome and that all Judges in their severall Judicatories should judge accordingly Therefore we wil never allow nor permit that either Counsellors officers of State or Judges be exeemed from our our Parliaments tryall and censure for the discharging of their duties in their severall offices and places Likewise we conceive that nothing will more conduce to the good of our service and the peaceable and happy government of the Kingdome then that officers of State places of Councell and Session and other Judicatories be provided with honest able and qualified men For which end and because of our necessary absence from that Kingdom which maketh the qualification of Persons fit for places lesse known to us We shal so far give eare to the Informations of our Parliament and when our Parliament is not sitting of our Councell and Colledge of Justice as that we shal make choise of some one of such as they by cōmon consent upon the vacancie of the place shal recommend unto us Or if wee shall conceive another person to bee fitter then any of these recommended wee shall make the same knowne to the Parliament or in the time betweene Parliament to out Councell and Session that from them wee may be informed of the Qualification and Abilities of the person named by us to the effect that if by their Information it shall appeare to us that there is just exception against the life and qualification of the said party wee may timely nominate some other against whom there shall bee no just exception By which meanes wee doubt not but that wee shall from time to time choose such honest men as for their knowne Integrities and Abilities shall bee fit to discharge their places and Offices with that duty and sufficiency which wee and our Subjects may justly expect Which intention of ours being now so cleerely and fully expressed wee doubt not but will give good satisfaction to our ensuing Parliament And as wee never intended to remove just and able men from their places in the Colledge of Justice So doe wee now declare for our peoples full satisfaction that their places shall provided unto them Quam diu se bene gesserint And if this our Answer cannot content the Scottish Commissioners Wee doe then remit the whole Answer to be considered by us or our Commissioner and the Parliament at the next sitting thereof 9. of June 1641. To their desire of placing some Scottish men of respect about the King and Queenes Majesties and the Princes Highnesse upon the grounds and reasons given in the 9. of Aprill 1641. It is answered His Majesties goodnesse and grace towards his Subjects of Scotland in placing them about his owne Person in places of greatest neerenesse and trust hath beene such as ought to give them full satisfaction of His Royall Affection towards His Subjects of His Native Kingdome Therefore for this point His Majestie needeth onely to assure them that hee shall continue the same care which hitherto hee hath done for their satisfaction in this particular and not onely so but shall also recommend the same to the Prince his Sonne that successively the Kingdome of Scotland shall so taste of the care of their Soveraignes That by the Grace of God they shall never want a sufficient number of honest and sufficient persons of that Nation about the Kings Person and Princes against whom there shall be no just exception the 9. of June 1641. To their desire that none may have place about his Majesty and the Prince but such as are of the reformed Religion in manner expressed in the paper 1. April 1641. It is answered His Majesty doth conceive that his Subjects of Scotland have no intention by this proposition especially by way of demand to limit or prescribe unto him the choice of his Servants but rather to shew their zeal to Religion wherein his owne piety will make him do therein that which may give just satisfaction to his people 9. June 1641. To their desire given in the first of April concerning the Copper Coine It is answered Whereas the Scottish Commissioners have represented unto his Majesty the great prejudice sustained by the Kingdom of Scotland through the coining of Copper money which hath passed there this long time by-gone for seven times and above as much as the true value and worth thereof contrary to the continuall custome of that Kingdome And therefore desiring that no Copper money bee coined hereafter without consent of the Estates conveened in Parliament who may remedy the present prejudices the Country sustains thereby And who upon good consideration of the necessity thereof in time to come may appoint such a competent proportion as is fit and as the Countrey shall require for the use of the poore and for change in buying and selling of commodities and that the same
shall not passe but according to the intrinsick value thereof with the allowance of a tenth part or such a proportion as the Parliament shall think fit to allow for the impression and workmanship in coyning His Majesty is graciously pleased to recommend to the ensuing Parliament of Scotland the whole matter of copper coine and remits to their consideration to take such order therein as they shall thinke fitting not onely concerning the copper coine to be coyned hereafter but also the copper money already coyned how the same shall take vent and passe in payment in time comming Conforme to the paper of the ninth of June 1641. CONCERNING AN ACT OF Pacification and Oblivion IT is agreed unto that in the approaching Parliament of Scotland there shall be an Act of Pacification declaring that the late commotions and troubles arising from the innovations of Religion and corruption of Church Government by the mercy of God and the Kings Royall wisdome and Fatherly care are turned into a quiet calme and comfortable Peace lest either his Majesties love or the constant loyalty of his Subjects in their Intentions and Proceedings be hereafter called in question and that such things as have falne forth in these tumultuous times while Lawes were silent whether prejudiciall to his Majesties Honour and Authority or to the Lawes and Liberties of the Church and Kingdome or to the particular interest of the Subject which to examine in a strict court of Justice might prove an hinderance to a perfect peace may be buried in perpetuall Oblivion So it is expedient for making the Peace and Unitie of his Majesties Dominions the more firme and faithfull and that his Majesties countenance against all feares may shine upon them all the more comfortably that an Act of Pacification and Oblivion be made in the Parliaments of all the three Kingdomes for burying in forgetfulnesse all Acts of hostility whether between the King and his Subjects or between subject and subject or which may be conceived to arise upon the coming of any English Army against Scotland or coming of the Scottish Army into England or upon any Action Attempt Assistance Counsell or Advise having relation thereunto and falling out by the occasion of the late troubles preceding the conclusion of the Treaty and the return of the Scottish Army into Scotland That the same and whatsoever hath ensued thereupon whether trenching upon the Lawes and Liberties of the Church and Kingdom or upon his Majesties Honour and Authority in no time hereafter may be called in question nor resented as a wrong Nationall or Personall whatsoever be the quality of the person or persons or of whatsoever kind or degree Civill or Criminall the injury is supposed to be and that no mention be made thereof in time coming neither in judgment nor out of judgment But that it shall be held and reputed as though never any such thing had been thought nor wrought And this to be extended not onely to all his Majesties subjects now living but to their Heires Executors Successours and all others whom it may concerne in any time to come And for that end that by the tenour of this Statute all Judges Officers and Magistrates whatsoever be prohibited and discharged of directing of Warrants for citation processing or executing any sentence or judgment upon Record or any way molesting any of his Majesties lieges concerning the premisses in all time coming Like as that his Majestie for himselfe and his Successours promiseth in verbo Principis never to come in the contrary of this Statute and Sanction nor any thing therein contained but to hold the same in all points firm and stable And shall cause it to be truly observed by all His Majesties Lieges according to the tenour and intent thereof for now and ever And that in all time coming these presents shall have the full force and strength of a true and perfect security as if they were extended in most ample and legall forme Providing that the benefit of the said Statute shall no wayes be extended to any of the Scottish Prelates or to John Earl of Traquair Sir Robert Spotswood Sir John Hay and Master Walter Balcanquall cited and pursued as Incendiaries betwixt the Kingdomes and betwixt the King and his People and for bribery corruption and many other grosse crimes contained in their charges generall and speciall nor to any other persons who are cited and shall be found by the Parliament of Scotland in his Majestie or his Commissioners their owne hearing to be so extraordinarily guilty of these and the like crimes as they cannot in justice and with the honour of the King and Countrey passe from them Provided further that the benefit of this Act shall not bee understood to extend to the favour of Theeves Robbers Murtherers Broken men Sorners Out-lawes nor their Receptors With reservation also of the legall pursuits and processes of the Scots in Ireland for the reparation of their losses according to justice against such who have illegally wronged and persecuted them since by one of the Articles of the Treatie they are appointed to be restored to their means and estate It is also to be understood that nothing is meant hereby to be done in prejudice either of the payment of the debts owing upon promise or security by the Scottish Army to any of the Counties or to any person there the same being instructed before the removall of the Scottish Army or of the Arrears due to the Scottish Army or to that brotherly assistance granted them by the Parliament of England That the great blessing of a constant and friendly conjunction of the two Kingdomes now united by alleageance and loyall subjection to one Soveraigne and Head may be firmly observed and continued to all Posterity it is agreed that an Act be past in the Parliament of England that the Kingdomes of England or Ireland shall not denounce nor make warre against the Kingdome of Scotland without consent of the Parliament of England As on the other part it shall be enacted there that the Kingdome of Scotland shall not denounce nor make warre against the Kingdoms of England or Ireland without consent of the Parliament of Scotland No ships either of the Kings or Free-booters or others shall stop the trade of the Kingdome or hinder or harme their neighbour Kingdome without consent of Parliament declaring a breach of Peace And if any armies shall be levied or trade stopped and Neighbours harmed or wronged the States of the Countrey by which it is done to be obliged to pursue take and punish the offenders with all rigour And if any of the Kingdomes assist receive or harbour them they are to be punished as breakers of the Peace And if after complaint and remonstrance to the Commissioners after mentioned and to the Parliament redresse and reparation be not made then and in that case the same to be counted a breach of the Peace by the whole Kingdome And in case any of the subjects of
any of the Kingdomes shall rise in arms or make war against any other of the Kingdoms and subjects thereof without consent of the Parliament of that Kingdome whereof they are subjects or upon which they doe depend that they shall be held reputed and demained as traitours to the States whereof they are subjects And that both the Kingdomes in the cases aforesaid bee bound to concurre in the repressing of these that shall happen to arise in Armes or make warre without consent of their owne Parliament And that the way of conveening Forces for suppressing such as levie warre bee as in case of Invasion Provided that this bee not extended to particular quarrells upon the borders And that it bee enacted that in such case It shall be lawfull for any of the subjects to conveene to suppresse such evill affected persons And that each Kingdome shall bee bound by publike faith punctually to performe this Article And if eyther parliament shall denounce warre they shall give three moneths warning That the Peace to be now established may be inviolably observed in all time to come It is agreed that some shall be appointed by his Majestie and the Parliaments of both Kingdomes who in the interim betwixt the sitting of the Parliaments may be carefull that the peace now happily concluded may be continued and who shall endeavour by all means to prevent all trouble and division And if any debate or difference shall happen to arise to the disturbance of the common peace they shall labour to remove or compose them according to their power It being supposed that for all their proceedings of this kinde they shall be answerable to the Kings Majestie and the Parliaments And if any thing shall fall forth which is above their power and cannot bee remedied by them they shall informe themselves in the particulars and represent the same to the Kings Majestie and the ensuing Parliaments that by their wisedome and authoritie all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all Posteritie And it is declared that the power of the Commission shal be restrained to the articles of peace in this treatie Whereas it is desired that an Act may be made in the Parliament of England for ratifying of the Treatie and all the Articles thereof which is likewise to be ratified in the Parliament of Ireland which in all the Articles is comprehended under the name of England and after the Treatie is confirmed in the said English Parliament and all other necessarie conditions performed and Armies on both sides shall at a certain day to be appointed for that effect remove and disband So that when the Scottish Armie shall remove from New-castle the English Armie shall likewise be disbanded and repaire home to their severall Countries and places of their residence and the Irish Army to disband before that time that hereafter a quiet and durable peace may bee kept according to the Articles And that this Treaty and whole proceedings thereof may be likewise ratified in the Parliament of Scotland and a firme Peace established It is desired that his Majestie may bee graciously pleased now to declare That the ensuing Parliament of Scotland shall have full and free power as the nature of a free Parliament of that Kingdome doth of it self import to ratifie and confirm the Treatie and whole Articles thereof and to receive account of all Commissions granted by them examine their proceedings and grant exonerations thereupon And to treat deliberate conclude and enact whatsoever shall be found conducible to the settling of the good and peace of that Kingdome And that his Majesties Commissioners shall be authorized with full power to approve whatsoever Acts and Statutes which upon mature deliberation shall happen to be accorded unto by the Estates in that behalfe and shall sit and continue without interruption or prorogation while all things necessary for that effect be determined enacted and brought to a finall conclusion unlesse for better conveniencie of affairs his Majesties Commissioner with the speciall advice and consent of the Estates shall thinke fit to adjourne the same to any other time which shall no wayes derogate from the full and perfect concluding of the whole premisses before the said Parliament be dissolved This whole Article is assented unto but in so farre as concerns the dayes and circumstances of disbanding to be agreed upon Forasmuch as the severall jurisdictions and administrations of Justice in either Realme may be deluded or frustrated by delinquents for their owne impunity if they shall commit any offence in the one Realme and thereafter remove their persons and make their abode in the other Therefore that no person sentenced by the Parliament of either Nation as Incendiaries betwixt the Nations or betwixt the King and his people shall enjoy any benefit Civill or Ecclesiasticall or have any shelter or protection in any other of his Majesties Dominions Like as where Malefactors and Criminals guilty of the crimes mentioned in the Act of Parliament 1612. Cap. 2. and others of that nature and committed by Scottishmen within the Kingdome of England or Ireland or any part thereof are taken and apprehended in England or Ireland that it shall be lawfull to the Justiciars of England or Ireland to remand them to Scotland as the Act beares And further if any Malefactors committing crimes in Scotland England or Ireland being duly processed in the Kingdome where the crimes are committed and being Fugitives and remayning in any other of the Kingdomes foresaid that the Judges of either Kingdomes shall be holden at the instance and suit of the party offended to take and remand the Criminals and Malefactors to the Kingdomes where the Crimes were committed And the like Act to be made in Scotland and this Act would be extended as well to debts as crimes And what further is requisite concerning this and other particulars for setling of Peace in the middle shires and accelerating Justice upon delinquents both Civill and Criminall Is to bee considered by the Committee to be appointed for that effect It is answered that such persons as shall be Natives in either Kingdome and shall commit any offence in the Realme whereof they shall be Natives and shall afterwards remove their persons into the other and such persons as shall be inhabitants in either Kingdome and shall commit any offence in the Realme where they shall be inhabitants during the time of their habitation there and shall afterwards remove their persons into the other and shall be for that same censured by the Parliament of that Nation where the offence was committed as Incendiaries betwixt the Nations or betwixt the King and his people shall not enjoy any benefit Civill or Ecclesiasticall or have any protection in any other of his Majesties Dominions And that such Scotish Natives incensing the King of England against the Kingdome of Scotland shall be remanded at the desire of the Scottish Parliament into Scotland to abide their
arreare of the brotherly assistance is just and order is given for it accordingly And it shall be communicated with the Scottish Commissioners that it may be a perfect security 10 The tenth for appointing a Quorum for attending the paiment of the money is already moved to the parliament will be done as is desired 11 The eleventh article is very just and order shal be given accordingly for recalling all Proclamations c. and for publick Thanksgiving 12 This Article for the Castle of Edinburgh and other strengths of Scotland is to be setled betwixt his Majesty and the Commissioners of Scotland or by his Majesty and Parliament of Scotland All which Articles are assented unto and approved by his Majestie with advice of the Parliament of England and by the Committees of the Parliament of Scotland and are necessary for publick declaration of mutuall consent and for firme observation to be confirmed and ratified in the Parliaments of both Kingdomes BE it therefore enacted by his Majesty with the assent of the Lords and the Commons in this present Parliament assembled that the said Treaty and all the Articles thereof assented to as aforesaid be and stand for ever ratified and established and have the force vigor strength and authority of a Law Statute and Act of Parliament Like as this afore-written Treaty and whole Articles thereof are by his Majesty and the States of the Parliament of Scotland enacted and ordained to have in all time comming the full force and strength of a true and perfect security and Act of the said Parliament And his Majesty for himselfe and his Successors doth promise in verbo principis never to come in the contrair of this Statute Sanction nor any thing therein contained but to hold the same in all points firme stable and shall cause it to be truly observed by all his Majesties Leiges according to the tenor and intent thereof for now ever Like as the Parliament of both Kingdomes give full assurance and do make publick faith in name of both Kingdomes respectively for the true and faithfull observance of this Treaty and whole Articles thereof inviolably hinc inde in all times to come Like as his Majesty with advice of the estates of Parliament commands the clerke of Parliament to insert and registate the same in the bookes of Parliament and to give the extract of this Act under his hand to the director of the chancellary Whom they command to write the same to the great Seale and the keeper of the great Seale to append the great Seale thereto And declares that the same being so sealed and returned to the Parliament of England is and shal be unto them a full and perfect security By this their act given at Edinburgh the 26. of August 1641. yeares ACT. VII ACT DISCHARGING JAMES BANNATINE His patent of the pearling Ultimo Augusti 1641. OUr Soveraign Lord and Estates of Parliament having read and considered the reasons grievances and prejudices given in and complained upon in this present Parliament against the gift and patent granted to James Bannatine in leith anent the pearling and finding the famine gift and patent hurtfull and prejudicial to the country and lieges Have therefore rescinded retreited cassed annulled and discharged and by the tenour hereof rescinds retreits casses annuls and discharges simpliciter the foresaid gift patent granted to the said James Bannatine anent pearling And declares the famine gift and patent to be extinct null and ineffectuall in all time comming And also our said Soveraigne Lord with advice and consent of the estates of Parliament prohibits and discharges all importation and inbringing of forraigne pearling within this kingdome in any time comming under the paine of confiscation thereof to his Majesties use And siclike our said Soveraigne Lord with advice foresaid renewes the act of Parliament made in anno one thousand six hundred twentie one yeares Intituled anent banquetting and apparell in the second head and article thereof viz. That no person of whatsoever degree shall have pearling or ribbining upon their ruffes bands serkes napkins and socks except the persons priviledged in that act And the pearling and ribbining to be so wome by them if any be to be of these made within the kingdome of Scotland under the pain of an hundered pounds toties quoties as the said act in that article thereof beares And ordains the famine act in that head and article foresaid to have ful strength force and execution and to stand as a Law conforme to the tenour thereof ACT VIII ACT DISCHARGING UNLAWFULL Marriages 1. September 1641. OUr Soveraign Lord and Estates of this present Parliament considering the great abuse and dangerous evill that hath followed and may follow upon frequent marriages of the persons Inhabitants within this kingdome going to the neighbour Kingdomes for getting themselves married there which they could not obtaine in this Kingdome by the lawes and constitutions thereof Therefore and for remedy of that evill and for preventing such in time comming prohibites and discharges all men and women having both their ordinary residence within this Kingdome to get marriage to themselves with others within the Kingdome of England or Ireland without Proclamation of Banes here in Scotland and against the order and constitutions of this Church or Kingdome under the paies following viz. for ilk Nobleman so married one thousand pounds for ilk landed Gentleman one thousand markes for ilk Burges five hundred pounds and for ilk other substantious person five hundred marks for a Yeoman one hundred pounds for ilk person of inferiour qualitie one hundred marks The one halfe of the which penalties shall belong to the King the other to the Parish or Parishes where the married parties did reside And ordains the King and Kirks Advocate to pursue before the civill Judge therefore And in case of the poore condition of any man married in manner foresaid Ordains him to be punished by stocks or irons Which paines corporal and pecunial shall no wayes be prejudiciall or derogate from the order and censures of the Kirk to be inflicted against the delinquents ACT IX ACT ANENT NON-COVENANTING Patrons 2. September 1641. OUR Soveraign Lord and Estates of Parliament considering that all his Majesties subjects within this Kingdome are by Acts of Parliament ordained to subscribe their Nationall Oath and Covenant Therefore his Majestie and Estates ratifie and approve the Act of Parliament made by his Majesties dearest Father of blessed memorie Parl. 1. c. 9. whereby it is ordained that no person be Judge Procurator Notar or Member of Court who professeth not the true Religion together with the Act of ratification thereof with the addition and declaration thereof therein contained made by his Majesties said umwhile Father Parl. 20. cap. 3. And finds and declares that the saids Acts shall be extended to all persons whatsoever who have not subscribed or refuse to subscribe the said National Oath and Covenant And such like
NON-COMMUNICANTS And Excommunicate Persons 10. September 1641. OUR Soveraigne Lord and Estates of Parliament Ratifies the two Acts of Parliament anent the escheats of excommunicate persons made by his Majesties Father of blessed memory one therof Par. 14. cap. 197. and the other Par. 20. cap. 3. with the addition and declaration following that no gift of escheat past or to bee past upon excommunication or horning upon excommunication shall be vallid but the samine is declared to have been and to be null in all time comming by way of exception or reply and declares the saids two Acts ratified as said is with the addition foresaid made thereto to be extended to all excommunication pronounced or to be pronounced against whatsoever person or persons and for whatsoever causes And further His Majestie and Estates foresaid Ratifies and approves the Act made by his Majesties Father Par. 16. cap. 17. anent non-communicants every year once with this declaration and addition that the penalties of the contraveeners modified in the said Act be payable in all time coming to the several Presbyteries within the Jurisdiction whereof the contraveeners dwell to be applied by them ad pios usus And that the said Presbyteries or any they appoint shall have power to crave receive and pursue for the same And further Our Soveraigne Lord and Estates foresaids for the greater terror and the more effectuall reclaiming of all excommunicate persons declares that all persons whatsoever according to the degrees and qualities mentioned in the said Act lying under the sentence of excommunication shall be lyable to the paines and penalties therein contained and that yearely after the sentence of excommunication ay and while they be relaxed therefrom and reconciled to the Kirk And also declares that the said yearely penalties against excommunicate persons shall pertain to every paroch Kirk and Kirk session in burgh or land-ward within their owne bounds to be applyed ad pios usus And that they or any person they appoint shall have power to crave receive and pursue the famine to be applyed to the pious uses of the severall paroch Kirk sessions where the contraveeners dwell And in case of the paroch kirk sessions their slacknesse the Presbyterie to exact after the expiration of yeare and day after the contraveening And further declares the donators to the excommunicate persons their simple escheat and life-rent and all other intrometters with their goods and geir and livings shall be liable to the payment of the saids paines and penalties in the samine manner as the excommunicate persons are lyable themselves And because in the said Act there is no particular penalty modified against Burgesses Therefore His Majestie and Estates foresaids ordaines everie Burges that beares or hath borne office of Magistracie so oft as he shall contraveene the said Act To pay the summe of two hundred marks and every other burges the summe of fourtie pounds And such like ordaines the said persons to be liable in the saids penalties respective not only for their own personall contraveening of the said Act but also so oft as the same shall be contraveened by their wives respective and also so oft as the same shall be contraveened by their children they shall incurre the fift part of the saids paines respective for every bairne not forisfamiliat and of the age of fifteen yeares compleat and that toties quoties they shall contraveene the said Act And such like that every servant so oft as he shall contraveene the said Act shall pay one yeares fee toties quoties lawfull requisition being alwaies made to the saids Wives Children and Servants by their Pastor or Presbyterie to give obedience to the said Act. ACT XIIII ACT ANENT THE BULLION 10. September 1641. OUR Soveraigne Lord and Estates of Parliament Considering that one of the chiefe waies for bringing in of money into this Kingdome hath been bullion which now for lacke of the true way of managing thereof is become unprofitable Therefore our Soveraign Lord with advice and consent of the saids Estates Statutes and Ordaines that in time comming all and every Merchant passing forth of this Kingdome with any Merchandize or sending the same forth of this Countrie at the customing of the saids goods shall find sufficient security to the customers for importing and inbringing such quantity and proportion of Bullion as by the Lawes of this Kingdome is due for the saids goods transported by them and shall accordingly deliver the same and cause be delivered to the Master of the Coine house and shall receive back again his Majesties coine of this Kingdome And shall make faith that the same was brought by them from forraign parts or by others in their name and discharges all payment of Bullion before the hand and all pactions made anent Bullion one with another and paying of the same with his Majesties coyne or with any silver that is within the Countrey already under the pain of doubling of the said Bullion As also because the Bullion is ordained to be payed to the master of His Majesties coine house who hath his only residence in Edinburgh and that thereby many Merchants who dwell not within the said Burgh will be put to great and unnecessary charges for a small matter of Bulion Therefore it is declared that it shall be lawfull to the saids Merchants to send the famine to the said Master of the coine house providing he send therewith an attestation under his oath and hand if he can write and under his mark if he cannot write and both before two subscribing witnesses of Magistrates or Councell of the Burghs where they dwell that the said Bullion due by him was brought within this Kingdome from forraine parts and that the same was not acquired nor bought by him within the same ACT XV. ACT ANENT THE ELECTION OF Officers of Estate Counsellours and Sessioners 16. September 1641. OUR Soveraigne Lord and the Estates of Parliament considering that whereas there was an Article in the Treatie anent the manner of choosing and placing of Officers of State Counsellours and Sessioners whereof the answer was remitted to be determined by his Majestie and this Parliament And his Majestie being willing to give this his ancient and native Kingdome all satisfaction possible That fit and qualified persons shall ever fill these places And considering that his Majesties residence because of his great affaires will be more ordinary in England then here whereby the qualification of persons may not at all times be so well knowne to him Therefore his Majestie with advice and consent of the Estates of Parliament Declares for himselfe and his Successors That he will nominate and make choice of such able and qualified persons to fill these places as shall be fittest for his service and may give most contentment to the Estates of Parliament Which nomination and choice His Majestie will make with the advice and approbation of the saids Estates of Parliament during their sitting And if any of the saids
is And ilk one of them siclike and with all respects and priviledges fees casualities immunities liberties and profits whatsoever as the samine hath beene possest and bruiked by any preceding Lords and Senators of the said Colledge of justice and which the saids Lords and Senators foresaids may now bruike and enjoy by the Lawes of this Kingdome and that ad vitam vel culpam conforme to the Act of this present Parliament made hereanent upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid likewise nominated and elected Archibald Earle of Argyle Archibald Lord Angus John Lord Lindsay and John Lord Balmerino to be the foure extraordinair Lords of Session and Senators of the said Colledge of justice conforme to the foresaid Act made anent the nomination and election of the Officers of Estate Counsellours and Sessioners of the date the 16. day of September last by-past And His Majesty with advice and approbation of the saids Estates gave and disponed and hereby gives and dispones to the saids foure extraordinair Lords of Session above named and to ilk one of them the foure extraordinair places of the saids extraordinair Lords and Senators of the Colledge of justice with all honours dignities immunities liberties and priviledges whatsoever belonging to the extraordinair Lords of Session and their places thereof to be bruiked and possest by the foresaids foure Lords above named now nominated and elected thereto siclike and with all respects as the famine have beene possest and bruiked by any preceding extraordinair Lords of the Session and which may be now bruiked and enjoyed by them by the Lawes of this Kingdome ACT XXIV COMMISSION FOR REGULATING The common burthens of the Kingdome 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that during the time of the late troubles of this Kingdom there were many great summes and burdens contracted undertaken and advanced for the outreiking and maintenance of the Armies and for other publike affaires As likewise considering that the courts of the common burdens of the Kingdome and the accounts of the tenth penny and of the other debts resting due and payable to the publike Together with the accounts and intromissions of all Commissioners Collectors others persons who have had any charge or intromission with any thing pertaining to the publike aswell in the Countrey as at the Army and other parts abroad are not yet fully closed cleared counted for payed nor reduced in order And seeing it is absolutely necessary that all the debts contracted and advanced for the publike use either within the Kingdome or without the famine be known satisfied payed and relieved As also that every thing resting to the publike be counted for payed and brought in for reliefe of the common burthens and that the whole counts of the Armies and other counts within and without the Kingdome together with the accounts of the monthly maintenance of the Army and Brotherly assistance granted by the Parliament of England for reliefe of the common burthens of this Kingdome at least so much thereof as is already payed be all cleared fitted and closed and that the rest and superplus of the said brotherly assistance yet resting may be craved uplifted and received for the publike use And it being likewise necessary that all and every person who have had any trust and intromission with any thing pertaining to the publike either within the Country or at the Armie or any other place be called to an account for their intromission and that the Generall Officers and others who have served in the publike be satisfied and recompensed for their service according to their demerits As also that the losses sustained by the particular persons whose ships and goods were taken at Sea either in England or Ireland be taken to consideration To the effect that the whole burthens and debts resting by the publike being knowne and all that is due to the publike being counted for payed and brought in for relief of the common burthens the estate and condition of the publike affairs may be the better known and according lie such course taken thereanent as may best conduce for the good and weale of the country And seeing the clearing and setling of the premisses will necessarily draw to such a length of time as his Majesty and the Estates of Parliament cannot in this present Parliament receive call for nor examine the saids accounts and common burthens of the Kingdome and settle and order every thing concerning the same In respect whereof Our said Soveraign Lord and Estates of Parliament have found it necessary and expedient that a select number of the severall Estates of the Kingdom be nominated authorised and appointed for clearing and setling of the whole premisses and for directing setling and ordering of every thing which may concerne the same Or which may offer and come in consideration thereanent Therefore His Majestie and Estates of Parliament presently conveened do by vertue of thir presents elect nominate choose authorise and appoint the persons after specified viz. John Earle of Lowdoun High Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdaill William Earle of Lothian John Earle of Lindesay David Earle of Southesk Iames Earle of Findlater Iohn Lord Sinclair Iohn Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Hoome of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir Iohn Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsey of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Greirsone of Lag Master George Douglas of Bonjedburt William Rig of Ethernie Alexander Gordoun of Earlstoun Iohn Binnie Burges of Edinburgh Thomas Durham Burges of Pearth Patrik Leslie Burges of Aberdene George Bell Burges of Linlithgow Patrik Bell Burges of Glasgow Iames Sword Burges of Saint Andrewes Iohn Kennedye Burges of Air Iohn Sempell Burges of Dumbartane William Glendoning Burges of Kirkcudbright Iames Scot Burges of Montrose Master Robert Barclay Burges of Irving Iames Anderson Burges of Couper George Gardine Burges of Bruntiland and Master Alexander Dowglas Burges of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senatours of the Colledge of Justice whom His Majestie and Estates of Parliament adde to the foresaid number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect above and after specified Of the which persons any twelve of them shall be a Quorum there being alwaies three of them of ilk Estate To whom our said Soveraign Lord and Estates and whole body of the present Parliament Gives grants and commits full power warrant and commission to meet and conveen within the burgh of Edinburgh or such other places as
they shall think expedient Betwixt and the _____ day of _____ next to come at farthest and there to call for examine consider cleare fit allow and count the whole debts and burdens contracted and undertaken advanced furnished and applyed for the publike use And siclike with power to them to reduce the whole debts counts and burdens resting by the publike either within the Kingdome or without the famine to be a full and compleat order And for that effect to call all persons interest and concerned therein before them for the better trying clearing and expeding of the famine or of any difficultie which may offer and occurre in the setling and clearing of the saids common burdens and debts And with power to the saids Commissioners or Quorum foresaid of them to fit examine close settle controll and allow the whole counts and intromissions of all commissars collectors and their deputes and substitutes and of all other persons who have had any charge trust intromission or medling with any thing pertaining to the publike or in any publike trust and charge either within the Kingdome or without the famine not already approven and allowed by the late Committees of Estate or either of them And for that effect Our said Soveraigne Lord and Estates of Parliament grants full power and warrant to the saids Commissioners to call before them or their Quorum foresaid all commissars collectors and others who have had any trust intromission or medling or who are resting any thing due and pertaining to the publike at such dyets and times and in such manner as they shall prescribe and find expedient And to cal for examine controll and allow the whole regiment counts and other counts of the Armie within and without the Country with the accounts of all Victuall Money Goods or other commodities and furniture furnished received expended and given out for making up outreiking and entertainment of the armies and of all other publike expeditions and imployments and to allow and disallow of the famine as they shall find them to be just and reasonable And with power to the saids Commissioners and their Quorum foresaid to nominate and appoint Collectors Commissars and all other publike servants necessary for clearing ingathering and recovering of the publike dues debts and rests due and payable to the publike and to prescribe orders to them and to call all others either authorized already or to be appointed by them And to prescribe direct and give forth such orders letters execution and other dispatches for clearing of the whole premisses and for recovery of the debts and burdens resting to the publike as they shall think expedient And with power to the saids Commissioners or such as shall be authorized and warranted by them or their Quorum foresaid to crave receive uplift and intromet with that summe of two hundred and twenty thousand pounds sterling yet resting unpayed by the Parliament of England of the foresaid brotherly assistance promised and obliged to be payed by the Kingdom of England for relief and defrayment of the saids common burdens of this Kingdome and to grant discharges upon the receipt thereof in whole or in part which shall be al 's sufficient as if the famine were granted by his Majestie and the whole body of the parliament of this Kingdom And with power to them to settle accord and agree upon wayes and meanes how the said brotherly assistance may be most timously and commodiously payed and advanced for defrayment and relief of the saids common burthens either by exchange advancement or any other manner of way which may be most conduceable for the relief and good of the publike And with power to the saids Commissioners or their Quorum foresaid to take an exact count of the whole ammunition artillery armes other furniture either brought home made or brought within this Kingdom for the use and upon the common expences of the publike and for the reiking out of the Armies and Regiments of foot and horse and to take course and prescribe orders for keeping and preserving thereof for the use and defence of the Kingdome and to appoint and constitute such persons of trust and best experience for keeping and preserving of the famine as they shall think expedient and to appoint and allow to them convenient fees and maintenance for the same As also with power to them to take consideration and course anent the saids losses sustained by particular persons in their ships and goods taken at Sea either in England or Ireland With power also to them to consider every man his losses that they sustained for the publike and accordingly give them such satisfaction as they shall find just and reasonable that they have sustained in spuilyes robbery and hearships by the enemies of the countrey And as moneyes and other commodities due to the publike can be gotten in With power to them to give orders for distributing thereof for defraying of the saids common burthens and where moneys cannot be gotten in timouslie for reliefe and payment foresaid With power to the saids Commissioners or their Quorum to borrow and lift moneys where ever the famine may be had for relief and payment of such urgent debts and creditors of the publike as cannot suffer delay Which summes so to be lifted and imployed for the use and effect foresaid His Majestie and Estates of Parliament declares hereby to be the publike debts and burdens of the country and binds and obliges the estates and whole body of this Kingdome to pay and defray the same and to relieve the saids commissioners or any other persons who shall give bands or securities for the same of the foresaids summes and bands and of all perill and danger that may follow thereupon and siclike with power to the saids commissioners and their Quorum foresaid to give orders for valuing of all Presbyteries Paroches Lands and other Rents and trade not already valued Conforme to the preceding statutes acts and orders made there anent to the effect that the tenth peny thereof may be known and payment may be exacted accordingly Like as his Majestie and Estates declares that such persons presbyteries burghs and others who are yet resting their said tenth peny are and shall be liable in payment of annuall rents for the same from the terme of Whitsunday 1640. yeares and in time comming aye and while the compleat payment of the famine And in respect there was divers and sundry Commissions Letters and other execution and warrants directed and given forth by the late Committees of Estates residing at Edinburgh and by the Commissar principall and Collector generall and others having power and warrant for that effect to Collectors Commissars and other publike Servants for ingathering and recovering of payment of the debts and rests payable to the publike which letters and warrants are not yet fully execute neither yet is there complete payment recovered conforme thereto Therefore our said Soveraigne Lord and Estates foresaids ordaines the famine Commissions
uprightly faithfully diligently and carefully in the discharge of the said Commission answerable to the trust imposed upon them And therefore his Majesty with advice and consent of the saids Estates hath approven and by thir presents approves their proceedings and carriage therein And declares them and every one of them to have done good service to his Majesty and this Kingdome and that they have behaved themselves as good Christians loyall Subjects and well deserving Patriots ACT XXVI ACT FOR RELIEFE OF THOSE WHO Have given band for the use of the publike 15. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that the members of the late Committees from the saids Estates of Parliament to whom the furnishing of the Armes and all other necessary expences concerning the publike was intrusted conforme to the power and commission given to them as likewise others who were not of the Committee and also the generall Commissar or his deputes Having borrowed and undertaken great summes of money for the necessair use and behoof of the publike for the which summes and debts contracted by the saids Committees They have given security to the parties partly by publike acts in name of the Estates And where many persons were difficile and scrupulous to advance and lend moneys and other necessairs upon the publike security These of the saids Committees and others foresaids have given their owne particular bands and have moved divers others persons to give band and security to the lenders of the saids summes bearing borrowed money without any relation to the publike Likeas divers Noblemen Barons and Burrowes and others before the establishing of the saids Committees of Estates did willingly for advancement of the publike service give their particular bands for great summes of money for the publike use and which were given in to the Commissars and Collectors and counted for by them in their accounts whereby the forenamed persons who have granted such bands may be distressed for payment of the saids summes at the instance of the persons to whom they are bound So as for their furtherance and affection to the advancement of the publike service their Estates and Credit may both be indangered unlesse remeed be provided And his Majesty Estates foresaid being careful that neither the members of the saids Committees nor any others persons may suffer prejudice in their estates or credit by or through any bands granted by them to any persons for lent money silver plate or any other necessary commodity furnished and advanced for the publike use But that they and every one of them their heires and executors be freed and relieved by the saids Estates of the famine and of all dammage perill and danger which they may incurre and sustaine there through It being made appear that the summes of money or other commodities for the which they have given band as said is are counted for or applyed for the use of the publike and approven by publike act order and warrand Therefore Our said Soveraign Lord and Estates of Parliament by vertue of this present Act do hereby bind and oblige the Estates of this Kingdom to warrand and relieve the saids members of the said Committees of Estate and all others persons whatsoever who have given band and security for any summes of money or other commodities for the use of the publike and whereof count and reckoning is or shall be made and approven whereby it may appear that the famine are imployed for the use of the publike by publike warrand as said is And for their better relief of the same The saids Estates of Parliament binds and obliges them and the whole body of this Kingdom to make paiment to the persons creditors to whom the said bands and securities are given of the same summes and others commodities or prices thereof and that at the termes of payment appointed by the saids bands with the interest thereof conforme thereto in all points And to purchase and deliver to ilk person so bound as said is their saids bands given by them or sufficient discharges of the famine with all convenient diligence and in the mean time to keep them harmlesse and skaithlesse of the famine bands and of all execution perill and danger which may follow thereupon So being that the summes and goods contained in the saids bands have been applyed to the publike use by publike order and warrant as said is and are or shall be counted for approven in the accounts of the common burdens of this Kingdom Which bands so contracted and undertaken are hereby declared to be publike debts upon the Estates and shall affect and burden them notwithstanding that the famine be given by particular persons without relation to the publike in manner foresaid ACT XXVII COMMISSION FOR RECEIVING OF THE Brotherly assistance from the Parliament of England 15. November 1641. OUR Soveraigne Lord and the Estates of this present Parliament Considering that of the brotherly assistance promised and obliged to be payed by the Parliament and Kingdome of England to this Kingdome of Scotland for relief and defrayment of the common burdens and losses of the famine There is yet resting the summe of two hundreth and twentie thousand pounds sterling money conforme to the articles of the late treatie and an act of publick faith granted by the Parliament of England for payment thereof at the termes therein contained Therefore our saids Soveraigne Lord and Estates of Parliament Doe hereby grant full power warrand and commission and appoints nominants and authorizes the persons particularly after nominated viz. John Earle of Lowdoun Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdail William Earle of Lothian John Earle of Lindesay David Earle of Southesk James Earle of Findlater John Lord Sinclair John Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Home of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir John Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsay of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Griersone of Lag Mr. George Douglas of Bonjedburgh William Rig of Ethernie Alexander Gordoun of Earlstoun John Binnie Burgesse of Edinburgh Thomas Durham Burgesse of Pearth Patrik Leslie Burgesse of Aberdene George Bell Burgesse of Linlithgow Patrik Bell Burgesse of Glasgow James Sword Burgesse of Saint Andrewes John Kennedye Burgesse of Air John Semple Burgesse of Dumbartane William Glendoning Burgesse of Kirkcudbright James Scot Burgesse of Montrose Mr. Robert Barclay Burgesse of Irving James Anderson Burgesse of Couper George Gardine Burgesse of Bruntiland and Mr. Alexander Dowglas Burgesse of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senators of the Colledge of Justice whom his Majesty and Estates of Parliament addes to the foresaid
Majesty and Estates declares such other persons shall fill their places as his Majesty shall think fit by advice of the remanent Commissioners who must receive and admit them upon the said Commission and take their oaths for faithfull discharge of the same And his Majesty and Estates ordaines this present Commission to indure unto the _____ ay and while the famine be expresly discharged by his Majesties warrand with consent of the Estates for that effect And his Majesty with consent of the Estates foresaid findes declares and ordaines the acts decreets and ordinances of the Commissioners foresaid and of the other persons who shal be surrogate in their places by his Majesty in manner foresaid in the whole particulars above specified and every one of them to have the force strength and effect of a decree sentence and Act of Parliament And ordaines the Lords of Session to grant and direct letters of horning pounding and others thereupon upon a simple charge of ten dayes or otherwayes as shall be found necessarie Attour for clearing of all doubts and difficulties which may arise anent the rectifying of valuations or other particular heads following His Majestie and Estates have declared and declares that where valuations are lawfully led against all parties having interest and allowed by the former Commissioners according to the order reserved by them that the famine shall not be drawn in question nor rectified upon pretence of enorm lesioun at the instance of the Minister not being titular or at the instance of his Majesties Advocate for and in respect of his Majesties annuity except it be proved that collusion was used betwixt the titular and heretor or betwixt the Procutor Fiscall and heretors and titular which collusion is declared to be where the valuations are led with diminution of the third of the just rent presently payed And which diminution shall be proved by the parties oaths It is alwayes declared that the provisions of the former Commission so far as they are conceived in favours of the Colledges Hospitals and Ministers are herein renewed As also that Ministers serving the cure who leade their teinds And that Colledges Schooles and Hospitals be not constrained to sell set nor dispone their teindes in prejudice of their successours notwithstanding of the valuations thereof Like as the Kings Majestie and Estates grants power to the saids Commissioners to do every thing necessary for setling and establishing the right of any teinds of the prelacies appointed by them in favours of the saids Kirks Schooles Universities and Colledges according to their severall divisions as also to set down rules and wayes how the same shall not thereafter be delapidate or made worse by the titulars for the time And his Majesty and Estates declares That all his Majesties subjects who are willing to buy their teinds shall be oblisht to pay the price thereof contained in the Act made thereanent within the space of two yeares after the famine beis valued and approven before the saids Commissioners And that after the expiring of the said time the titular shall not be compelled to sell the famine except they doe it of their owne good will With this declaration alwayes that in case the impediment induring the space foresaid flow from the titular by reason of his minority or other inability in that case the Heretor who offereth himselfe ready to buy his owne teind within the space foresaid shall have place so soone as the impediment is removed to buy his teinds notwithstanding of the expiring of the yeares and space above exprest And it is declared that if the heretors be minor and his tutors neglect the buying of his teinds within the space foresaid The minor shall have action for two yeares after his minority to compell the titular for selling of the saids teinds Likeas his Majesty and Estates of Parliament grants power to the saids Commissioners to give recompence to parties for the augmentation of stipends to be imposed by this present Commission in the same way as was done by some former Commissions as 1617. yeares Likeas it is hereby declared that where by mistaking and wrong compting there was a greater quantitie assigned to the minister out of any mans teinds nor is due by proportion according to the valuation that the Commissioners may rectifie the same without diminishing the ministers stipend or wronging his possession untill it be given out of other teinds in the paroch Likeas it is declared that where the assignations are made wrong in the quality that the same might be reduced to the just number of bols of meale beire and wheat answerable to the valuation With power also to the saids Commissioners to assigne the few dueties of the parts of land called Parsons and Viccars gleibes to the ministers and others serving the cure ACT XXXI COMMISSION ANENT THE ARTICLES Referred to Consideration by the Treaty 16. November 1641. OUr Soveraigne Lord with consent of the Estates of Parliament Considering that there are sundry heads of the Articles of the Treaty of peace betwixt his Majesty and his Subjects and betwixt his Majesties Kingdoms of Scotland and England which are referred to bee taken in consideration by the Commissionars to bee appoynted by his Majesty with consent of both Parliaments who shall have power to advise and treate thereupon and to report their proceedings therein to his Majesty and to the Parliament of both Kingdomes respective and specially the articles after specified And his Majesty with consent foresaid being willing that a Commission bee exped on their part for advising and treating upon the saids Articles with the Commissioners chosen or to bee chosen by his Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland Therefore his Majesty with advise and consent of the Estates gives and grants full power and Commission to the persons after specified William Earle of Lothiane John Earle of Lindesay Lord Parbrothe and Struther John Lord Balmerino Sir Thomas Myretoun of Cambo Sir Thomas Hope of Kerse Sir Archbald Johnstoun of Wariestoun Sir John Smyth of Grottell Burgesse of Edinburgh Patrik Bell Merchant Burgesse of Glasgow and Mr. Robert Barclay Burgesse of Irving as also to John Earle of Lowdoun Chancellour of Scotland and Archbald Marquesse of Argyle Earle of Kintyre Lord Lorne or any of them two who beis at Court To bee of the Commission with the remanent Commissioners above named With power to the saids whole Commissioners above named or any five of them there being one thereof at least of every Estate to conveene with the Commissioners chosen or to bee chosen by his Majesty with consent of the Parliament of England within which is included the Parliament of Ireland as said is at whatsoever places and times convenient to bee accorded amongst them and there to consult advise treat and agree upon the speciall Heads and Articles following viz. Anent the Demand concerning the making war with Forreigners and anent Leagues and Confederations
to bee made with forraign Princes and Estates and concerning mutuall Supply in case of forraign Invasion and also concerning mutuall Trade and Commerce betwixt the Kingdome of Scotland England and Ireland and anent the pressing of Ships and men by sea or land and al 's anent Naturalization and mutuall Capacity of the Subjects of both Kingdomes who either of them respective of all Dignities Liberties Priviledges and other Benefits Ecclesiasticall or civill and others of that nature and concerning the lawfullnesse and solemnity of the extracts of Bands or Decreets in either of the saids Kingdomes And al 's concerning the manner of safe conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland of the moneys given and promitted by way of brotherly supply and assistance to the Estate and Kingdome of Scotland by the Parliament of England And concerning what assistance Scotland shall give to England for suppressing of the Rebellion in Ireland or to the Prince Elector conforme to the instructions given or to bee given to them for that effect by the Lords of secret Councell to whom his Maiesty and Estates of Parliament remits the same And what the saids Commissioners their treaties with the saids Commissioners of England and Ireland resolves and concludes upon that they may make timous and due report thereof to his Majesty and the Estates of this Kingdome ACT XXXII COMMISSION FOR CONSERVING OF The Articles of Treaty 16. November 1641. OUR Soveraign Lord Considering That by the late Articles of Treaty concluded betwixt the Commissioners of His Majesties Kingdome of Scotland and England Ratified by Parliaments of both Kingdoms It is thought fit and necessary for observing the saids Articles of Treaty made for establishing a firme and constant peace That Power and Commission be granted by his Majesty by advice of the Estates of Parliament of both Kingdoms to the effect contained in the said Articles of Treaty for performance wherof upon the part of His Majesties said Kingdom of Scotland His Majestie with consent of the Estates of the said Kingdome by thir presents Gives and grants power and Commission to the persons after-specified viz. John Lord Lowdoun Chancellour James Duke of Lennox James Marquesse of Hammiltoun Archbald Earle of Argyle William Earle of Mortoun Alexander Earle of Eglintoun William Earle of Glencairne Charles Earle of Dumfermling Robert Earl of Roxburgh William Earle of Lothian John Earle of Lauderdaill George Earle of Kynnowll William Earle of Lanerk Alexander Earle of Levin John Lord Lindesay John Lord Balmerino James Lord Almond Sir Patrik Hepburne of Wauchtoun Sir George Dundas of that ilk Sir Thomas Myretoun of Cambo Sir Patrik Hammiltoun Sir Thomas Hope of Kerse Sir Robert Innes of that ilk Sir Archbald Johnstoun Sir Alexander Erskene of Dun Sir David Home of Wedderburne Sir Robert Griersone of Lag Sir William Scot of Harden Sir Iohn Charters of Amisfeild _____ Ruthven of Frieland _____ Campbell of Cessnok Sir David Grahame of Morphie Sir Hary Montgomrie of Giffen Sir William Forbes of Craigievare Sir William Douglas of Cavers Edward Edgar Patrik Bell William Glendoning Iohn Smith Master Robert Barclay Thomas Durham Iames Fletcher Patrik Leslie Thomas Bruce George Bell Iames Sword Iohn Rutherford Master Iohn Corser Hugh Kennedye Iohn Semple Master Robert Cunyngham Master Alexander Douglas Richard Maxwell or any twelve of them With power to them or any twelve of them as said is there being at least two of every Estate at any time or times in the Interim betwixt the sitting of the Parliaments To conveene amongst themselves or with the Commissioners chosen or to be chosen to the same effect by His Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland at whatsoever places and times convenient to be accorded unto amongst themselves And to be carefull that the peace now happily concluded may be continued And to endeavour by all lawfull meanes for preserving and keeping of the saids Articles of peace concluded in the foresaid Treaty allanerly And therewith to use all their care to preveen all trouble and division which may arise by the breaking and violating of any of the saids Articles concluded in the said Treaty as said is And if any debate or difference shall happen to arise to the disturbance of the said common peace That they labour to remove or compose the famine according to their power granted to them in manner foresaid and no other wayes It being alwaies provided That for all their proceedings in this kinde they shall be answerable for the lawfulnesse thereof to the Kings Majesty and the Parliament respective and if any thing fall forth beyond their power and which cannot be remedied by them that they informe themselves of the particulars thereof and represent the same to his Majesty and to the ensuing Parliaments respective That by his Majesties wisedome and authority and theirs all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all posterity And it is declared that the power of this Commission shal be restrained to the Articles of peace concluded in the said Treaty as said is and shall endure for the interim betwixt Parliaments allanerly and shall expire at the next ensuing Parliament at the which the said Commissioners shall be holden to give an account of their diligence and proceeding in the premisses ACT XXXIII ACT ANENT THE FIVE INCENDIARIES And the Plotters And the Kings declaration there-anent 16 November 1641. THe Estates of Parliament considering that whereas albeit John Earle of Traquhair Sir Robert Spottiswood of Donipace knight Sir John Hay of Baro knight late Clerk register Doctor Walter Balcanquell and Mr. John Maxwell somtime pretended Bishop of Rosse are cited before them and accused as guilty of divers haynous and treasonable crimes perpetrated and committed by them against the Common wealth contained in their severall ditties which they have just reason to prosecute Neverthelesse the saids estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native kingdome and his fatherly care and wisedome in composing of all past differences and providing for the future to the great joy and happinesse of all his Subjects doe in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdom Declare that for acquitting themselves of their oath they will onely proceed to the exact triall of the saids parties by a committee to be appointed and authorized by the king and Parliament in respect of the present necessity of their other affaires And after tryall shall be taken of the saids
absence of the said Lord Chancellour it is declared that it shall be lawfull to any nine or moe of the Councell conveened in the ordinar place and at the indicted time of meeting to choose one of the number conveened who shall preside at the meeting al 's oft as the Lord Chancellour shall be absent And his Majesty and Estates considering that the often absence of the most part of the Councell and their not attendance upon the charge and trust concreded unto them will be a great impediment and hinderance to his Majesties service Therefore his Majesty with advice foresaid declares that it is his speciall pleasure and command that the Lord Chancellour or President of the Councell to be elected as said is doe see and provide that the Councell be frequent specially in great and weighty matters of Estate And if upon occasion that requires the number of the Councell to be more full then the said Quorum the Lord Chancellour or President to be elected in manner foresaid shall write to such others of the Councell as they think fit to be present and give their attendance In which case if any disobey without a licence obtained from his Majesty or the Quorum of the Councell or without some reasonable cause either of which shall excuse their absence then and in that case his Majesty with advice foresaid wils that the absent shall be censured by the said Councell as a neglecter of his Majesties service and that his Majesty be advertised thereof And it is declared that if any of the saids Councellours places vaiks by decease dimission or deprivation that his Majestie in the interim shall nominate another of the same degree and quality in the vacant place with advice of the most part of the Lords of Privie Councell they being all present at the said election at the least lawfully warned to that effect upon fifteene dayes warning conforme to the Act of Parliament made thereanent Which election made in the interim as said is shall be allowed or disallowed by his Majestie with consent of the Estates in the next ensuing Parliament as they shall think expedient And al 's his Majesty with consent of the saids Estates gives power to the saids Lords of Secret Councell or any nine of them as said is to set down such rules and orders for their meetings and attendance and spaces and times thereof as they shall resolve appoint and ordaine amongst themselves And wils and declares that the saids Lords of Secret Councell now nominate as said is and these who shall be surrogate in their places in the interim in manner foresaid shall have bruik and enjoy their places ad vitam vel ad culpam and shall be liable to the censure of his Majesty and the Estates of Parliament anent their proceedings therein firme and stable holding whatever by the saids Lords or any nine of them as said is shall be lawfully done in the premisses And decernes and ordaines all his Majesties lieges and subjects to reverence acknowledge and obey the saids Lords of his Majesties councell in all things concerning the charge and trust committed to them as said is under all highest paine and charge which after may follow And this Commission to indure to the next Parliament and longer ay and while the same be expresly discharged ACT LXVI ACT DISCHARGING THE CUSTOME Of two and an halfe of the hundred and the Impost of foure pounds on the Tunne 17. November 1641. OUR Soveraign Lord and Estates of Parliament considering that the prices of all Merchandize doe daily rise to exceeding great dearths which is alledged to bee occasioned through extraordinary Customes and Impositions For remeed whereof his Majesty with advice and consent of his saids Estates doth discharge all and sundry whatsoever Customes and Impositions exacted by the Customers which are not allowed and approved by the Acts of Parliament and especially the late Custome of two and an halfe per Centum and late new Imposition of foure pound upon the Tunne of wine and all raising of his Majesties Customes directly or indirectly without consent of Parliament And because that the too much troubling of Merchant estate and drawing of Masters and Mariners from their ordinary charges doth much impede the trade Therefore his Majesty with advice and consent foresaid discharges the taking of Merchants Masters and Mariners oaths in the matter of Customes and to the end that the subject of trade may not be restrained with unnecessary customes therfore his Majesty with consent foresaid declares that all goods and Merchandize imported from forraine places to this kingdome and out paying inward Custome shall be free of all outward Custome according as is used in England and Ireland Like as his Majestie declares that he consented to the Act above written upon this condition that commission and warrant be granted to the Exchequer to establish the Booke of Rates according as the prices of merchandize now rules and his Majesty permitted the option to the Burrowes Whereupon the Burrowes having advised they made choice to be ruled by the Booke of Rates anent the Customes and consented that Commission should be granted to the Exchequer to establish the Booke of Rates according as the prices of Merchandize now rules In respect whereof our Soveraigne Lord and Estates of Parliament ordaine a Commission to be drawne up to the Exchequer to the effect foresaid and extracted thereupon for establishing the Booke of Rates according as the prices of Merchandize now rules And therefore our said Soveraigne Lord and Estates of Parliament ordaines the Act above mentioned to stand as a law in manner and to the effect before rehearsed ACT LXVII ACT IN FAVOURS OF MINORS ANENT The duties of the lands comprised from them 17. November 1641. OUR Soveraigne Lord with advice of Estates of Parliament ratifies and approves the Act of Parliament made in August 1621. cap. 6. in so farre as the famine concernes Minors and declares that the true meaning thereof was and is that Minors having right to the legall reversion should be no further obliged than during their minoritie of 21 yeares of age but allanerly for the annuall rent of the summes contained in the comprisings and that they tyne not the right of the superplus of the mailes and duties of the lands so farre as the famine exceeds the said annuall rents induring their said minoritie ACT LXVIII ACT ORDAINING THE COMMISSIONERS For the Thesaurarie 17. November 1641. OUR Soveraign Lord Considering that His Majesty was lately pleased to condescend to the humble desire of His Majesties Estates of Parliament to nominate by their advice and approbation His Officers of Estate of whom his Majesties high Thesaurer is one And that His Majesty for the present is not resolved upon the nomination of any particular person to enjoy the said place but hath with advice of the saids Estates taken present course to supply the want of a principall Thesaurer by a Committee Therefore His Majesty with consent