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B05253 Laws and acts past in the third session of the first Parliament of our most high and dread soveraign, Charles the Second, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith. Holden at Edinburgh, from the eighteenth of June, 1663. to the ninth of October thereafter, on which day the Parliament was dissolved; by a noble lord, John Earl of Rothes, Lord Lefly and Bambreith ... / with the special advice and consent of the Estates of Parliament.; Laws, etc. Scotland.; Rothes, John Leslie, Earl of, 1630?-1681.; Scotland. Convention of Estates. 1674 (1674) Wing S1278A; ESTC R183991 41,047 48

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hurt sustained by His Majesties Lieges by the fraudulent dealing of Pewterers in mixing the finer sort of Tin brought from England France Flanders and other parts beyond sea with baser and courser mettal of Tin and Lead and their exacting greater prices betwixt the new Pewter casten by them and the old which they receive from the Lieges For remeid thereof it is Statute and Ordained that the Pewterer or Founder of Tin shall put the mark of the Thistle and the Deacons mark with his own name upon every peece of work that he happens to cast and that the same shall be of the finest of the Pewter marked with the Rose in England And in case the same be under the finest of the said Pewter of England that the same shall be confiscat and he punished in his person at the discretion of the Magistrates of the Burgh where he dwels And to that effect that there be a Say master appointed by the Magistrats in each Burgh for trying of the same As likewayes that he shall take betwixt the pound of old Pewter and Tin marked with the Rose foresaid and the pound of new casten by him two shillings Scots allanerly under the pain foresaid VIII ACT anent the discharging of advocations for sums within two hundred merks OUr Soveraign Lord and Estates of Parliament considering the manifold prejudices and troubles arising to divers of all His Majesties Lieges in pursuing of maters of smal importance by the too frequent granting of Advocations from inferiour Judges Therefore our said Soveraign Lord with advice and consent of the saids Estates Discharges the Lords of Session from giving and granting Letters of Advocation of any actions intended or to be intended before whatsoever inferiour Judicatories which may competently by the Laws of the Kingdom he decided by the saids inferiour Judges before whom the said Action is or shall be intended for sums of money within two hundred Merks or for any other cause whereunto by the Laws of the Kingdom the saids inferiour Judges are expresly appointed Judges IX ACT in favours of Minors anent the duties of the Lands comprised from them OUr Soveraign Lord considering the favourable condition of Minors who are often-times destitute of Tutors and Curators and though they have them yet in respect of their minority they are not in capacity or credit to raise sums of money for satisfaction of their Creditors And it being unreasonable that their Creditors comprisers of their Estate should during the not expiring of the legall reversion which according to Law continues during their minority have more advantage by their Estate then corresponds to the Annual rent of the true sums owing to them by vertue of their comprisings Doth with advice and consent of His Estates of Parliament Ratifie and Approve the Act of Parliament made in August one thousand six hundred and twenty one Cap. 6. in so far as the same concerns Minors And Declares that the true meaning thereof was and is that Minors having right to the legal reversion should be no further obliged during their minority of twenty one years of age but allanerly for the Annual-rent of the sums contained in the comprisings and that they lose not the right of the super-plus of the mailes and duties of the Lands so far as the same exceeds the said Annual-rents during their said minority X. ACT against exportation of money forth of the Kingdom THe Estates of Parliament considering how much the Kingdom is impoverished by the daily exportation of money forth of the same and that the making use of our own native Commodities for furnishing us with these things which formerly were brought to us from forraign places is by the commendable industry of several deserving Countrey-men and ingenious Artists much improved And that in order to their encouragement and that our own native Commodities may go the better off necessar it is that some more severe restraint then formerly be laid upon the exportation of money Therefore the King's Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That no person or persons whatsoever shall trade or use merchandize with any other Nation till first they take an Oath before the Lord Thesaurer or Thesaurer-depute or before such persons as they shall appoint for that effect that they shall not export by themselves or others directly or indirectly by Sea or Land any Gold or Silver coyned or un-coyned except such a sum as they shall declare upon oath before the said Lord Thesaurer Thesaurer-depute or these appointed by them as said is to be necessar for making of their voyage to the Port where they are going and that if he know any money transported by any other person he shall delate the same to the Lord Thesaurer Principall or Depute or to the foresaid persons appointed by them As likewise every Skipper shall before he make any voyage after the publication hereof to any other Kingdom or Nation take an Oath before the said Lord Thesaurer or Thesaurer-depute or these appointed by them for that effect that he shall not himself transport not suffer any Gold or Silver coyned or un-coyned except as is above-excepted and except the sum of threescore pounds at most which every Passenger is hereby allowed to carry forth of the Countrey for his necessar spending to be transported in the Ship wherein he is Master and that he shall use his outmost endeavour for discovery of the same if any be And that if after he hath made sail it shall come to his knowledge that there is any money concealed in his Ship or in any other Ship he shall at his return delate the same to the Lord Thesaurer Principal or Depute or to those appointed by them for that effect and which persons appointed by them are hereby required to give timeous notice thereof to the said Lord Thesaurer or Thesaurer-depute under the penalty of the half of the money informed to have been transported And sicklike the saids Oaths shall be rene wed and taken before the saids Lord Thesaurer or Depute or these appointed by them as said is by all Skippers and Merchants at the making of every particular voyage and both the saids Oaths shall be subscribed by the respective parties and infert in the Books of Exchequer or in the books of these persons appointed by the Lords Thesaurer or Depute for that effect for which Extracts they shall pay to the keepers of these Registers twelve shillings Scots alla nerly the one thereof to be carried to the Customer and infert in their Books gratis the other to be carried to the keeper of the Cocquer and insert in His Books gratis And it is further Statute and Ordained That in case any Merchant or Skipper shall after the publication hereof trade with or make any voyage to any other Kingdom or Nation before the taking of the saids Oaths and production of the Extracts thereof to the Customer and keeper of the Cocquet that then they
ordering and disposal of the external Government of the Church and the nomination of the persons by whose advice matters relating to the same are to be setled doth belong to His Majesty as an inherent right of the Crown by vertue of His Prerogative-royal and supream Authority in causes Ecclesiastical And in prosecution of this Trust His Majesty considering how fit and necessary it is for the honour and service of Almighty God the good and quiet of the Church and the better Government thereof in unity and order that there be a National Synod and Assembly duly constitute within this Kingdom Hath therefore Appointed and Declared and by these presents Appoints and Declares that there shall be a National Synod of the Church of Scotland And that this Synod for the lawfull Members thereof shall consist and be constitute of the Archbishops of St. Andrews and Glasgow and the remanent Bishops of these two Provinces of all Deans of Cathedral Churches Arch-deacons of all the Moderators of Meetings for exercise allowed by the Bishops of the respective Diocesse and of one Presbyter or Minister of each Meeting to be chosen and elected by the Moderator and plurality of Presbyters of the same and of one or two from the University of St. Andrews one from Glasgow one from the King's Colledge one from Marshals Colledge of Aberdeen and one from the Colledge of Edinburgh And this Synod thus constitute is to meet at such times and places as His Majestie by His Proclamation shall appoint and is to debate treat consider consult conclude and determine upon such pious matters causes and things concerning the Doctrine Worship Discipline and Government of this Church as His Majesty shall from time to time under His Royal hand deliver or cause be delivered to the Archbishop of St. Andrews President of the said National Assembly to be by him offered to their consideration The Estates of Parliament do humbly recognosce and acknowledge His Majesties Royal Power and Prerogative aforesaid with the piety justice and prudence of His Majesties resolution herein Likeas His Majesty with their advice and consent doth hereby Establish Ratifie and Confirm this constitution of a National Assembly as the lawfull constitution of the National Synods and Assemblies of this Church His Majesty or His Commissioner without whose presence no National Synod can be kept being alwayes present And Declares That no Act Canon Order or Ordinance shall be owned as an Act of the National Synod of the Church of Scotland so as to be of any effect force or validity in Law to be observed and keeped by the Archbishops and Bishops the inferiour Clergy and all other persons within this Realm as far as lawfully being Members of this National Church it may concern them but that which shall be considered consulted and agreed upon by the President and major part of the Members above-specified It is alwayes hereby provided that nothing be enacted or put in execution by authority of a National Synod within this Kingdom which shall be contrary to His Majesties Royal Prerogative or the Laws of the Kingdom And that no Act Mater or Cause be debated consulted and concluded upon but what shall be allowed approven and confirmed by His Majesty or His Commissior present at the said National Synod V. ACT anent ruinous houses in Royal Burghs OUr Soveraign Lord being informed that upon the high Streets of several of His Majesties Burghs-royal and in the vennels and other passages within the same there be many houses in the publick view of all people resorting thereto very ruinous and not inhabited these divers years by gone nor likely to be repaired by any to the great opprobry of the said Burghs and common scandal of the Kingdom as being altogether defective of that policy and good order which is and ever hath been so earnestly intended in the many wholsom and laudable Laws already made by His Majesty and His Royal Progenitors of most worthy memory And finding the Burroughs very desirous to have these many dangers and inconveniences prevented and remeeded which the inhabitants of these Burghs and the rest of the Lieges frequenting the same do continually fear from such ruinous buildings Doth therefore with advice of His Estates of Parliament Ordain the Provost and Bailies of the Burgh where such ruinous houses are to cause warn and charge all persons that have or pretends right to the property of such Lands and Buildings or any Annual-rents forth thereof to cause build and repair in a decent way within year and day such Houses and Buildings as have been wast and not inhabited three years before the date of this present Act or shall be wast and not inhabited thereafter by the foresaid space of three years or else to sell the same to others to be builded within the same space of year and day And to charge all known persons personally or at their dwelling places and by open Proclamation at the Paroch-kirk or Mercat-cross of the Burgh and all others by open Proclamation at the said Mercat-cross and Paroch-kirk And in case of their absence out of this Realm at the Cross of Edinburgh and Peer and Shoar of Leith upon threescore dayes with certification to them if they failȝie the said Provost and Bailies shall cause the said Lands and Tenement to be valued by certain persons to be chosen and sworn by them for that effect and sell the same to any person that will buy them and pay the price of the same to these owners if they be known and if they be not known to consign the prices thereof in the hands of the Provost one of the Bailies or Dean of Gild of the said Burgh to be forth-coming to these who have interest thereto And if no man will buy them it shall be lawfull to the said Provost and Bailies after apprising thereof as said is and payment or consignation of the prices of the same to cast down the said ruinous Houses and cause build the same of new And His Majesty with advice foresaid Declares That it shall not be lawfull in time coming to any maner of person to pursue them nor their successors therefore nor pretend any right or interest thereto but that the said right shall be a perfect security to the builders thereof and their successors VI. Act discharging the importation of Strong-waters c. OUr Soveraign Lord and Estates of Parliament understanding that there are divers Strong-waters Mum-beer and other Beer for drinking brought into this Kingdom from forraign places which might be more conveniently made within the Kingdom to the benefit of the natives thereof Therefore His Majesty with consent of the saids Estates Discharges all in bringing of Aqua vitae or strong-waters Mum beer and other Beer for drinking except Black beer called Spruce-beer within this Kingdom under the pain of escheat thereof VII ACT discharging the mixing of Tin with Lead OUr Soveraign Lord and Estates of this present Parliament considering the great
by which the Custom and Bullion imposed upon the Coal should be payed Doth herefore with advice and consent of His Estates of Parliament Statute and Declare That the rates of Custom and Bullion imposed upon the Chalder of Coal is and shall be understood of the Culrosschalder and the saids rate exacted and paid according to that measure allanerly notwithstanding of any former Custom to the contrary XVII ACT anent the Foot-measure THe Estates of Parliament considering that notwithstanding by the ancient Laws of the Kingdom the ell is designed to be thirty seven inches yet many use inches by which the ell is divided into fourty two inches and of those small inches make the Foot-measure of a smaller proportion then it ought to be to the great prejudice of the Lieges and that the occasion of this liberty hath been because that hitherto hath no Standard been appointed for Foot-measures as well as other measures The refore His Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That from and after the first day of June next one thousand six hundred sixty four no Workman nor other person shall make use of any other Foot-measure then such as consists of twelve of these inches whereof the ell contains thirty seven And that this may be the better made practicable to the Lieges Ordains an exact Standard foot to be made by the Magistrates of Edinburgh before the first of January one thousand six hundred and sixty four of Iron or Copper and preserved by the City of Edinburgh for all time coming And that all Burghs shall have a measure made according to it and hung at their Tolbooth doors or upon their Mercat-crosses before the first of March one thousand six hundred and sixty four and any Burgh that shall fall in this shall be lyable to the penalty of one hundred pounds Scots And Ordains That all Wrights Glasiers Masons and all other sorts of publick Work men shall work by this Foot-measure allannerly that the Lieges may not be abused by variety of measures Providing alwayes that this do infer no further priviledge to the Burg of Edinburgh in justing of the Standard to the Shires and Burghs within the Kingdom then the keeping of the same nor to any others that have Standards of the like nature XVIII ACT discharging Munday and Saturday Mercats in Royal Burghs OUr Soveraign Lord considering that there is much occasion given for profanation of the Lords-day in the Royall Burghs by keeping their weekly Mercats on Monday and Saturday and that the same may be as conveniently kept on other dayes of the week Doth therefore with advice and consent of His Estates in Parliament Inhibit and Discharge all the Royal Burghs from keeping any Mercats in time coming upon the Monday or Saturday under the pain of one hundred Merks to be payed by each of the Royal Burghs for every contravention respective And allows them to change and keep their Mercats on other dayes of the week as they have done formerly since the year one thousand six hundred and fourty four and that they make timeous intimation of the change to the next adjacent Burghs It being alwayes Declared that this Act is not to be extended against Fleshers in Royal Burghs who may keep Mercat of Fleshes in their respective Burghs upon these dayes this Act notwithstanding XIX ACT anent Lint-seed Hemp-seed and Steel THe Estates of Parliament taking to consideration the manifold mistakes and differences that do and may arise betwixt the Farmers of excise and Merchants anent the exacting of Excise upon Lint-seed Hemp-seed and Steel which seems to be occasioned because these Commodities are not particularly excepted in the Act of the Annuity from payment of Excise And being certainly informed that the present Farmers of Excise and their Collectors do require and exact duty of Hemp-seed Lint-seed and Steel contrary to the meaning of the said Act of Annuity and of the fourtieth Act of this present Parliament made for encouragement of Manufacturies Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Doth Declare all Hemp-seed Lint-seed and Steel to be included in the generality of the proviso of the said Act of Annuity as also of the said fourtieth Act whereby all materials for Manufacturies are exempted from Excise XX. ACT anent Manses and Glebs and poinding for Ministers Stipends OUr Soveraign Lord considering the great difficulties which often-times the Ministers of the Gospel do meet with in the due payment of their Rents and Stipends So that they are sometimes forced to use legal execution by poinding and in so doing are necessitate to carry the Goods poinded to be apprised at the Mercat-cross of the head Burgh of the Shire Stewartry Bailery or Regality many miles distant from the place where the Goods are poinded to the great prejudice of the party and of the Goods also Therefore His Majesty with advice and consent of the Estates of Parliament Declares That it shall be sufficient to the Ministers foresaid in poinding apprizing and distrenȝying the Goods of the persons deficient in payment of their Rents and Stipend to comprise the saids Goods by honest sworn men upon the ground of the Lands and place where the Goods are which shall be as sufficient as the same were done at the Mercat-crosses And because notwithstanding of divers Acts of Parliament made of before divers Ministers are not yet sufficiently provided with Manses and Glebs and others do not get their Manses free at their entry Therefore our Soveraign Lord with advice foresaid Statutes and Ordains That where competent Manses are not already built the Heretors of the Paroch at the sigh of the Bishop of the Diocess or such Ministers as he shall appoint with two or three of the most knowing and discreet men of the Paroch build competent Manses to their Minister the expences thereof not exceeding one thousand pounds and not being beneath five hundred merks And where competent Manses are already built Ordains the Heretors of the Paroch to relieve the Minister and his Executors of all cost charges and expences for repairing of the foresaid Manses Declaring hereby that the manses being once built and repaired and the building or repairing satisfied and payed by the Heretors in manner foresaid the saids Manses shall thereafter be upholden by the incumbent Ministers during their possession and by the Heretors in time of vacancy out of the readiest of the vacand Stipend In like manner Ordains that every Minister have fewel foggage feal and devots according to the Act of Parliament made in anno one thousand five hundred and ninety three As also that every Minister except such Ministers of Royal Burroughs who have not right to Glebs have grass for one horse and two kine over and above their Gleb to be designed out of Kirk-lands and with relief according to the former Acts of Parliament standing in force And if there be no Kirk-lands lying near the Ministers Manse
narrow Cloath two pounds eight shillings upon ilk ell of Searge thirty shillings upon ilk ell of Castilians fourty eight pounds upon ilk Beaver-hat twenty four pounds upon ilk Demy-beaver and Vigon and three pounds upon the piece of ilk common Hat thirty six pounds upon ilk dozen of worstead Stocking twenty four pounds upon the duzon of Stag-gloves and twelve pounds upon the dozen of single Stags Cordiva●s Kid or Shiverings and twenty four shillings upon ilk pound of Tobacco imported either for sale or private use into this Kingdom from England all Scots money Be exacted levied and collected and fourscore per cent upon all other sorts of Commodities imported into this Kingdom from England and not particularly named in this Act and upon all the growth and manufactury of that Kingdom though imported from any other place and that over and above all other impositions upon the same already And to the effect this present Act may be the more exactly put to execution It is Statute and Ordained That all Goods imported from England or of the growth and manufactury of England not above particularly exprest shall be valued after sighting by two skilfull honest men upon oath to be nominate by the Dean of Gild or his assessors or Magistrates of the Burgh or next adjacent Burgh to the Custom-office where the saids Goods are entered or by the oath of the party to whom the saids Goods belongs and accordingly pay the said fourscore per cent And the Lords Thesaurer and Thesaurer-depute and Lords of His Majesties Exchequer are hereby required to take an Oath and bond with sufficient Caution from the Farmers Collectors of the saids impositions that they shall exactly collect the same without any abatement thereof directly or indirectly and that they shall not suffer any of the saids Goods to pass or be conveyed away unentered and that under the penalty of the worth of the saids Goods if the contrary shall be made appear the one half thereof to His Majesties use and the other half to the informer and under the pain of forfaulting their Tacks and Commissions and being declared incapable to farm or collect in any time hereafter any Custom Excise or other Imposition whatsoever within this Kingdom And if any of the foresaids Goods or Commodities shal be informed and made appear to be brought in or shal be seized upon not being entered in the Custom-office or any other Office appointed for that effect then the same to be wholly confiscat the one half to His Majesties use and the other half to the first informer or seizer thereof XIII ACT imposing a Custom upon Corn imported from Ireland into this Kingdom THe Estates of Parliament considering what great sums of money are carryed out of the Kingdom by persons importers of Corn hither from Ireland who having sold their Corns export the money without battering any of the Commodities of this Kingdom whereby the whole Nation particularly those near adjacent parts of the Kingdom are much impoverished of money And that it is just and reasonable that the said Corns should bear Custom toward the increase of His. Mjesties Revenue proportionably with other imported Commodities especially when the Corns of this Kingdom are sold at easie rates Therefore the King's Majesty with advice and consent of His Estates of Parliament Doth hereby imposs three pounds Scots of Custom upon ilk boll Linlithgow measure of Corn imported into this Kingdom from Ireland after the first day of September next and appoints thirtie shillings Scots to be raised upon ilk boll already imported and not yet retailed conform to an Act of the Committee of Estates made thereanent in anno one thousand six hundred and sixty But least the more indigent sort of people might be prejudged by hightning the prices of the saids Corns in time of dearth under pretence of the said Custom Therefore the King's Majesty with advice and consent foresaid doth hereby give power to the Lords His privy Council to remit and discharge the exacting of the said Custom when they shall find the prices of the Victual of this Kingdom Meal and Barley respective to exceed eight pounds the boll And appoints the Lords of His Exchequer to cause put this Act to full execution and cause the foresaid Custom be exactly levied with power to them to allow such fies to the Collectors thereof as they shall think fit XIV ACT for in-bringing of His Majesties Rents FOrasmuch as His Majesty and Estates of Parliament taking to their consideration the great contempt and neglect of the several Fewers and others lyable in payment of His Majesties Rents where through notwithstanding of the diligence and endeavours of His Majesties Thesaurer principal Thesaurer-depute and others His Majesties Officers appointed for the management of His Majesties Revenue the same are not payed or otherwise so unseasonably payed that it proves a great hindrance and prejudice to His Majesties Affairs And finding several Acts of Parliament made for the timeous and seasonable payment of His Majesties Rents as well constituting the time and sitting of Exchequer to the effect that the persons lyable in payment might know both the time place and persons where when and to whom they should compt and make payment of the saids Duties as also such sensures and penalties as might induce them to due obedience thereto Particularly the sixty third Act Par. eleventh Holden by His Majesties Grand-father of blessed memory in anno one thousand five hundred and eighty seven Ordaining the Exchequer to sit down the first day of July yearly and to continue to the last day of August thereafter requiring not only the Thesaurer Comptroller Collector their Deputes and other Officers to be present and give their attendance during the said time but also all persons lyable in payment who ought to make compt in Exchequer to be charged by Precepts to compear thereat under the pain of fourty pounds to be up-lifted by the Thesaurer Ordaining Letters of Horning to be directed against them for payment thereof and that the saids persons do attend for making of the saids accompts to the close thereof and in case of disobedience to the said Precept that they be charged of new at the Mercat-cross of Edinburgh and in case of their disobedience to the said charge to be denounced Rebels at the said Cross which denuonciation is declared to be as sufficient as if the same were at the head Burgh of the Shire where the person liveth and that the Horning be registrate in the Thesaurers books or Sheriff books of Edinburgh And sicklike by the sixty fifth Act of the said Parliament All Chamberlains and other Receivers of His Majesties Rents as well heretable as moveable are ordained to find caution to the Thesaurer in Edinburgh for making compt at the ordinar time of Exchequer and payment within twenty dayes after the terme And also by the eighty Act of the said Parliament it is Ordained that Letters be directed charging the