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A58642 The laws and acts of the second 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 begun at Edinburgh, the 19. of October, 1669. By a noble Earl, John Earl of Lauderdail, Viscount Maitland, Lord Thirlestane, and Bolton, &c. His Majesties Commissioner for holding the same, by vertue of a commission under His Majesties Great Seal of this kingdom: with the special advice and consent of the Estates of Parliament. Extracted from the records of Parliament, be Sir Archibald Primerose of Chester, knight and barronet, clerk to His Majesties Council, Registers and Rolls.; Acts. Scotland.; Primrose, Archibald, Sir, 1616-1679. 1679 (1679) Wing S1272; ESTC R217871 33,600 49

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just and necessar it was that the Orthodox Clergy should be protected from the violence of disaffected and disloyal persons Did therefore with advice of His Privy Council by His Royal Proclamations of the fifteenth of March and thirteenth of June one thousand six hundred and sixty seven command and charge all Heretors Liferenters and others having any real Interest or Rent within the several Paroches of the Kingdom to protect defend and secure the Persons Families and Goods of their Ministers not only in the exercise of the Ministerial Function but in their dwelling Houses or being elsewhere within the Paroch from all injuries affronts and prejudices which they might incur in their Persons or Goods from the violence and invasion of any disaffected disloyal or other wicked person With certification if the actors of such outrages should not be apprehended and brought to tryal by the means and diligence of the Parochioners the Parochioners should be decerned to pay to suffering Ministers for reparation damage and interest such a sum and fine as His Majesties Council should determine as is more fully exprest in the saids Proclamations And the Estates of Parliament having taken to their consideration the proceedings of His Majesties Council herein and finding that the protection of the Orthodox Clergy and the restraining of the insolency of disaffected disloyal and wicked persons at this time did require more nor ordinary means and care from His Majesties Council Have therefore thought fit Likeas His Majesty with advice and consent of His Estates doth hereby Ratifie and Approve the two Proclamations aforesaid and the proceedings of His Majesties Council in prosecution thereof and authorizeth them still to prosecute the same as occasion shal offer until His Majesty in His next Parliament give farther Orders therein And it is Declared that this Act is and shall be but prejudice of any former Laws and Acts of Parliament made against the invaders of Ministers and of the pains therein contained And particularly the twenty seventh Act of the eleventh Parliament of King James the sixth and seventh Act of King Charles the first His Parliament in Anno 1633. Which Acts His Majesty with advice foresaid doth hereby Ratifie and Approve and Declares the same to stand in full force strength and effect in time coming VI. ACT. for the ordering of Suspensions of the Benefices and Stipends of the Clergy November 30. 1669. THe Kings Majesty being careful that the maintainance of the Clergy be duely secured unto them and that they be not withdrawn by unnecessar Law-sutes for recovery thereof Doth therefore with advice and consent of His Estates of Parliament Statute and Ordain That no Supension shall be past in time coming against any Archbishop Bishop Minister of the Gospel or Universities and Colledges of any Charges to be given at their instances for payment of the Rents of their Benefices Stipends or Colledge-rents where they have special Decreets against the Heretors or possessors due and lyable in payment thereof to them except upon production of Discharges or consignation of the sums charged for if the Rent of the Benefice or Stipend consist in money or of one hundred merks Scots for ilk Chalder of Victual where the same consists in Victual and proportionally if the Victual charged for be less then a Chalder without prejudice to the Lords of Session to modifie a greater or less sum for the Chalder of Victual as they shall find cause at the discussing of the Suspension And if any Bill of Suspension of a general Charge shal be presented in time of Session That the ordinary Lord upon the Bills before the passing thereof call for the Chargers at the Bar that they may instruct the ground of the Charge And in case it shall be found by the Lords of the Session at the discussing of the Suspension that either the Charge hath been malitiously given or malitiously suspended That the Lords modifie a fifth part of the sum charged for of expenses of Plea to be payed by the malitious Charger or Suspender VII ACT for Naturalization of Strangers December 8. 1669. OUR Soveraign Lord out of His Innate Bounty and Royal Inclination to favour and protect Strangers and for the encrease and promoving of Trade and Manufactories being garciously pleased and willing to give encouragement to Strangers to repair to and dwell and reside within this Kingdom Hath therefore thought fit Likeas His Majesties with advice and consent of His Estates of Parliament doth hereby Statute Ordain and Declare That all Strangers being of the Protestant Religion either such who having Estates shall think fit to bring the same to this Kingdom to dwell and inhabite within the same or who shall come to set up new Works and Manufactories therein and shall repair to and settle their abode dwelling and residence within this Kingdom shall be and are hereby naturalized as native born Subjects of the Kingdom of Scotland and are to enjoy His Majesties Royal Protection the benefit of the Law and all other Priviledges which a Native doth enjoy al 's freely in all respects as if they themselves had been born within the same and that they shall have liberty and freedom of Trade and freedom to buy and purchase Lands Heretages and other Goods moveable and immoveable and to enjoy the same by succession purchase or donation or any other way and to dispose thereof and transmit them to their Heirs and Successors who are to succeed thereunto And to enjoy all other Liberties Priviledges and Capacities which do belong to and are competent or may and shall belong to any native Subject born within this Kingdom And further His Majesty doth Declare that upon applications to be made unto Him by these Strangers He will grant unto them the free and publick exercise of their Religion in their own Languages and the liberty of having Churches within this His Kingdom It is alwayes hereby provided that no person or persons shall have the benefit of this act until first by Petition to the Lords of His Majesties Privy Council containing an exact designation of their names places of their birth and former residence and that they are of the Protestant Religion it be found by the Council that they are qualified according to this Act and ought to have the benefit thereof And it is hereby Declared that these presents with an Extract of the Act of Council in favours of the saids persons to the effect aforesaid shall be unto them a sufficient Naturalization to all intents and purposes Which Extract shall be given to them freely without payment of any money or composition save only the Fee of nine pounds Scots money to the Clerks of Council and their Servants VIII ACT concerning the Bullion December 8. 1669. OUR Soveraign Lord considering that by divers former Acts of Parliament made by the Kings Majesty and His Royal Ancestors and specially by the thirty seventh Act of the first Session of His Majesties first Parliament it is Statute
and Ordained that all and whatsover Commodities yearly exported forth of this Kingdom should be lyable to the payment of Bullion twelve denier fine according to the quantities contained in the Alphabet of Bullion thereto adjoyned and that for the yearly support of a stock of Coinage within the Kingdom and for supplying of His Majesties Mint being a part of His Prerogative Royal. And His Majesty and the Estates of Parliament being still willing to support and encourage the same and to provide for all necessary wayes and remedies for increasing the stock of Coinage within the Kingdom and especially those that may be of most advantage and may most encourage the Manufactories and the natural growth and native Commodities of the Kingdom And finding that the removing of the Bullion from the whole native Commodities and others exported forth of this Kingdom and that the imposing of the said Bullion upon the Commodities imported or some considerable part thereof may very much contribute thereto And being resolved that His Majesties Mint should be hereby encouraged and that no hurt or derogation should thereto occur by this change Therefore His Majesty with advice and consent of His Estates of Parliament Declares That all and whatsover native Commodities of this Kingdom and others that shall be exported forth thereof contained in the foresaid Alphabet of Bullion after the second day of February next to come one thousand six hundred and seventy years shall be free and are hereby discharged of the payment of all quantities of Bullion therein contained And the Customers and their Deputies are hereby prohibited and discharged to take surety or pledges or to use any other exaction upon the Merchants therefore under all highest pain And His Majesty with advice foresaid Rescinds and Annulls any Causes contained in the foresaid thirty seventh Act of the first Session of His Majesties first Parliament or in any other Acts of Parliament in so far allanerly as the same imposes Bullion upon the native Commodities of this Kingdom and others to be exported forth thereof and no further And in lieu and place thereof Statutes and Ordains That the imported Goods and Commodities under-written be lyable in payment of theseveral quantities of Bullion aftermentioned viz. Spanish Rhenish and Brandy-wines of all sorts each Tun twenty four ounces twelve denier fine French-wines of all sorts every Tun twelve ounces Loaf-suggar the hundred weight six ounces Playing-cards one ounce the gross Paper for Printing and Writing of all sorts one ounce every six rimms Gray-paper every twelve rimms one ounce Deals every thousand five ounces Single-trees every thousand five ounces Double-trees every thousand ten ounces Double-double-trees and all other greater Fir-timber every thousand twenty ounces Steel every hundred weight one ounce Iron and Iron-work beaten of all sorts every Tun two ounces Onions and Aples every two Barrals one ounce Mum-beer every Barral four ounces Prunes every Tun four ounces Raisins Currants and Figs every Tun ten ounces Iron-pots of all sorts every dozen one ounce Soap every Barrel two ounces Suggar-candy every hundred weight ten ounces Copper-kettles Brass-pans and all other made work in Brass or Copper Yetline or beaten every hundred weight four ounces Mader every thousand weight five ounces Hats of all sorts every three dozen two ounces Window-glass of all sorts every Chest one ounce Limons and Oranges each thousand one ounce Hops of all sorts every hundred weight one ounce Spanish-leather Marikin Tanned-leather Wild-leather and all other sorts of leather except Muscovia-leather every hundred weight one ounce Gloves of all sorts each dozen one ounce Whale-bane or Baline ilk two hundred weight one ounce And Statutes and Ordains that the Merchant or other importers of the abovewritten Commodities or any of them make ready payment of the foresaids quantities of Bullion hereby imposed to the Officers of His Majesties Mint for the time being of the fineness of twelve Deniers and being baser to be considered by weight and reckoning and that immediately upon the entry of the saids Goods And in case the said importer shall fail to pay in the saids Bullion at his entry he shall be holden and astricted to make payment of the sum of twelve Shillings Scots for ilk ounce thereof to the Collectors at the Port or Precinct where he enters the saids Goods and which money so payed by him at his entry shall be redeemable from the saids Collectors upon the payment of the foresaids quantities of Bullion in to the Officers of His Majesties Mint Provided alwayes such payment of Bullion be made within fourty dayes after the date of the entry of the Goods and not thereafter And it is hereby Declared That it shall not be lawful to the saids Tacks-men Collectors or their Deputies to permit the saids importers to break Bulk or to give them Transire's or other warrant thereanent till first the saids Importers report or produce the Mint-masters receipt of the due quantity or Bullion payed in specie or else that the Tacks-men Collectors or their Deputies receive payment of twelve Shillings Scots for ilk ounce of Bullion not delivered in to the Mint and for ilk ounce of Bullion of twelve Denier fine sopayed in to the Mint in specie by the Importer he is to have delivered back to him in His Majesties Coin three pounds ten pennies Scots and for ilk ounce of eleven Deniers fine he is to have delivered back to him fifty five shillings nine pennies Scots and so proportionably conform to the fineness of the Bullion given in and that in satisfaction of all Dues whatsover that can be acclaimed by the Officers of the Mint for His Majesty or otherwayes And whereas by the former Acts of Parliament made anent Bullion the general Tacks-men and Collectors of the Customs and their Deputies were bound and oblieged to take sicker Surety or Pledges such as they would be answerable for for the Bullion to be brought in and which then lay upon export and that what rested not delivered to the Mint the saids Tacks-men Collectors and their Deputies were to be answerable therefore And that by the constant practice of His Majesties Exchequer the saids Tacks-men and Collectors by their Tacks and Commissions given to them and Obligations granted by them are bound to make count reckoning and payment of the whole Bullion then arising upon the export of this Kingdom And lest His Majesty or his said Mint should sustain any hurt or prejudice or be at any uncertainty by loosing of those bonds or by this change Therefore it is hereby Statute and Ordained that all general Tacks-men of His Majesties Customs of this Kingdom general Collectors of the same and their Deputies present and to come shall be and are hereby bound and oblieged virtute Officii and by the acceptation of their Tack or Office to make count reckoning and payment to the Officers of His Majesties Mint of all and whatsoever quantities of Bullion that shall yearly arise upon the imported
Commodities aforementioned and which shall be delivered by the Merchant in specie and also to make payment of all such sums of Money as shall be payed by the Merchant to them in place of Bullion at the aforesaid rate of twelve shillings per ounce to the General and Master of the Mint for the time being and that quarterly beginning the first quarters payment at the terme of Whitsonday next one thousand fix hundred and seventy and so-forth yearly and quarterly thereafter And whereas the saids Tacks-men Collectors or their Deputies were formerly holden and astricted to give in exact accounts of the whole Commodities exported yearly forth of this Kingdom upon Oath wherby the full charge of the Bullion was yearly known And to the effect that the full charge of the bullion now imposed upon the foresids Commodities imported may be al 's fully known It is hereby Statute and Ordained That the saids Tacksmen Collectors or their Deputies at all the Ports or Precincts within this Kingdom shall givein yearly in Exchequer the exact account of the several quantities of the Commodities whereupon Bullion is hereby imposed and that upon Oath at the feast and terme of Martimas yearly As also to exhibite and produce the subscribed Entries by the Marchants of the foresaids Goods imported and for that effect that Letters of Horning be directed against the said general Collectors Tacksmen and their Deputies by the Lords of His Majesties Exchequer upon a charge of six dayes And it is hereby declared That the saids Tacks-men Collectors or their Deputies shall be holden and astricted to deliver to the importer Certificates of the forsaid Bullion in specie or of the Money payed therefore at the rate foresaid gratis And whereas by the meaning of this Act it is left in the option of the importer either to pay Bullion in specie or to pay money for the same at the rate oftwelve Shillings per ounce and that the Money so payed is to be delivered to the General and Master of the Mint by the saids Tacks-men Collectors and their Deputies and thereby the said General and Master are oblieged to import the stock of Bullion themselves Therefore it is hereby Statute and Ordained that the saids Officers shall be oblieged to Coin the said Bullion so imported by them and to make the same pass His Majesties Irons and that the saids Officers be controled by their Letters of receipt of the saids sums of Money granted by them to the saids Tacks-men Collectors and their Deputies And it is hereby Declared That the foresaids whole Commodities imported after the foresaid day shall be liable to the several proportions of Bullion above specified notwithstanding of any Act or Acts of Parliament formerly made or to be made in this present Parliament in favours of any Manufactories Companies of Fishing or Trade or other Acts whatsoever which are hereby Declared not to impede the payment of Bullion imposed upon the imported Goods foresaids in manner abovementioned IX ACT concerning Prescriptions December 8. 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains That all Arrestments to be used hereafter upon Decreets registrate Bonds Dispositions or Contracts not pursued and insisted on within five years after the laying on thereof shall after that time prescrive And that all Arrestments already used upon the ground aforesaid shall preserive within five years after the date hereof And that all Arrestments used or to be used upon dependance of Actions shall likewayes prescrive within five years after Sentence is obtained in the saids Actions if the saids Arrestments be not pursued or insisted on within that time And likewayes His Majesty with advice foresaid Statutes and Ordains That Ministers Stipends and Multars not pursued for within five years after the same are due And likewayes Mails and Duties of Tennents not being pursued within five years after the Tennents shall remove from the Lands for which the Mails and duties are craved shall preserive in all time coming Except the saids Ministers Stipends Multars Mails and Duties shall be offered to be proven to be due and resting owing by the defenders their Oaths or by a special writ under their hands acknowledgeing what is resting owing And that all Bargains concerning moveables or sums of money probable by Witnesses shall only be probable by Writ or Oath of Party if the same be not pursued for within five years after the making of the Bargain And further His Majesty withadvice and consent foresaid Statutes and Ordains That all Actions proceeding upon Warnings Spuilȝies Ejections Arrestments or for Ministers Stipends and others foresaid shall prescrive within ten years except the said Action be wakened every five years But prejudice alwayes of any of the saids Actions which by former Acts of Parliament are appointed to prescrive in a shorter time And also Statutes and Ordains That Holograph missive Letters and Holograph Bonds and Subscriptions in Compt-books without Witnesses not being pursued for within twenty years shall prescrive in all time thereafter Except the pursuer offer to prove by the defenders Oath the verity of the saids Holograph Bonds and Letters and Subscriptions in the Compt-books It is alwayes hereby Declared That Prescriptions shall not run in any of the Cases foresaid against Minors during the years of their Minority X. ACT concerning Interruptions December 8. 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains that all Interruptions as to the Rights of Lands be citations shall in all time hereafter be execute by Messengers at Arms and against the defenders personally or at their dwelling places and at the Paroch Churches in the time of Divine Service or immediately after And in case the Parties be forth of the Kingdom at the Mercat-cross of Edinburgh and Peer and Shore of Lieth upon threescore dayes And that all Citations that shall be made use of for Interruptions whether in real or personal Rights be renewed every seven years otherwayes to prescrive Except the Parties be Minors In which case this Act is not to be extended against them during the years of their Minority XI ACT concerning the forfeiture of persons in the late Rebellion December 15. 1669. OUR Soveraign Lord and His Estates of Parliament having considered the Process of Treason pursued and deduced at the instance of Sir John Nisbet of Dirletoun His Majesties Advocat by Warrand and Order of His Majesties Privy Council before the Justice against the persons after mentioned for their treasonable rising in Armes and being in and having accession to the late Rebellion in the Western Shires in the year of our Lord one thousand six hundred and sixty six with the Libels Interloquiturs Probations Depositions of Witnesses and the verdicts of Inquests and dooms of Forfeitures proceeding their upon Do find that the Justice and their Assessors appointed by the Council in the said Process in finding the said Libels to be relevant and admitting the