and what else was dear unto any of His Majesties good Subjects to the Cruel and Ambitious Lusts of some usurping Rulers Hath not Religion and Loyalty been the only objects of their Rapine and Cruelty And hath not their new and arbitrary Exactions and Burdens upon the People exceeded in one moneth what ever had been formerly in many years paid to any of the Kings of this Kingdom And when the best of men and the most Excellent of the Kings of the earth had in an unusual way of confidence rendred His Person to the Trust and Loyalty of His Native Subjects was not the security of Religion pretended unto by some who then governed in Church and State for the ground of that base and never enough to be abhorred transaction in leaving such a Prince their Native and Dread Soveraign to the will of these who were in open Rebellion and for the time had their swords in their hands against Him And that when by these and many such like undutifull carriages the Kings Majesty was removed from His Kingdoms the foundations of this ancient and well constitute Government was overturned the Liberties and Property of the people inverted And this Kingdom exposed to be Captives and Slaves to Strangers and nothing left unto them but the sad meditation of their increasing miseries and the bitter remembrance of their by-past disloyalties Yet even then it pleased Almighty GOD to compassionat their low condition and by the power of His own Right-hand most miraculously to restore the Kings most Sacred Majesty to the Royal Government of His Kingdoms And thereby to redeem this Kingdom from its former Slavery and Bondage and to restore it to its ancient and just Priviledges and Freedom And the Kings Majesty acknowledging with all humility and thankfulness the Goodness Wisdom and Power of GOD in this Signal Act of His mercy to Him and His people Doth with advice and consent of His Estates of Parliament Statute and Ordain That in all time coming there be a Solemn yearly Commemoration of the same And for that end the twenty ninth day of May which day GOD Almighty hath specially honoured and rendred auspicious to this Kingdom both by His Majesties Royal Birth and by His blessed Restauration to His Government be for ever set a part as a Holy day unto the LORD and that in all the Churches of the Kingdom it be imploied in publick Prayers Preaching Thanksgiving and Praises to GOD for so transcendent Mercies And that all Trade Merchandize Work Handy-labour and other ordinary imploiments be forborn and the remaining part of the day spent in such lawfull divertisements as are suteable to so Solemn an occasion And it is hereby recommended to all Ministers of the Gospel and to all Sheriffs Justices of Peace and other publick Ministers in the several Counties and to all Magistrates within Burghs to be carefull that for this present year and in all time coming the twenty ninth day of May be accordingly kept and observed within their several Jurisdictions And for the speedier and more full intimation hereof to all His Majesties Subjects It is Appointed thir Presents be printed and published at all the Mercat Crosses of the Royal Burroughs XVIII Act for the due Observation of the Sabbath-day THe Kings Majesty considering how much it concerns the honour of GOD that the Sabbath-day be duly observed and all abuses thereof restrained And that notwithstanding of several Acts of Parliament made in that behalf particularly the third Act of the sixth Parliament of King James the sixth of blessed memory the said day hath been much prophaned by Salmond-fishing going of Salt-pans Milnes and Killes hiring of Shearers and using of Merchandize on that day and otherwayes Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves all former Acts of Parliament made for observation of the Sabbath-day and against the breakers thereof And by these presents Inhibits and Discharges all Salmond-fishing going of Salt-pans Milnes or Killes all hiring of Sheaters carrying of Loads keeping of Mercats or using any sorts of Merchandize on the said day and all other prophanation thereof whatsoever under the pains and penalties following viz. The sum of twenty pounds Scots for the going of ilk Salt-pan Miln or Kill on the said day to be paid by the Heritors and Postessors thereof and the sum of ten pounds for ilk Shearer and Fisher of Salmond on the said day the one halt thereof to be paid by the Hirers and Conducers and the other half by the persons hired and the said sum of ten pounds for every other prophanation of the said Day And which Fines and Penalties are to be uplifted and disposed of in manner contained in the Act and Instructions anent the Justices of Peace and if the party Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XIX Act against Swearing and Excessive Drinking OUr Soveraign Lord being desirous that all His Subjects within this Kingdom may live a quiet and peaceable life under His Government in all godlinesse and honesty and in order thereto having resolved to curb and suppresse all sort of sin and wickednesse and especially these abominable and so much abounding sins of Drunkennesse and all manner of Cursing and Swearing Therefore our said Soveraign Lord Ratifies and Approves all Acts of Parliament made in former times against the said crimes or either of them And further Declares That each person who shall Blaspheme Swear or Curse and whosoever shall Drink into excess shall be lyable in the pains following according to the quality of the offenders viz. Each Nobleman in twenty pounds Scots each Barron in twenty Merks each Gentleman Heritor or Burgess in ten merks each Yeoman in fourty shillings each Servant in twenty shillings toties quoties each Minister in the fifth part of his years Stipend and that the saids Fines and Penalties be uplifted and disposed upon in manner contained in the Act and Instructions anent the Justices of Peace And if the partie Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XX. Act against Cursing and Beating of Parents OUr Soveraign Lord and Estates of Parliament considering how great and atrocious a crime it is for Children to beat or curse their Parents And how the Law of GOD hath pronounced just sentence of death against such as shall either of these wayes injure either of their Parents Therefore His Majesty with advice of His said Estates Doth hereby Statute and Ordain That whosoever Son or Daughter above the age of sixteen years not being distracted shall Beat or Curse either their Father or Mother shall be put to Death without mercy and such as are within the age of sixteen years and past the age of pupillarity to be punished at the arbitrement of the Judge according to
THE LAWS and ACTS 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 the First of January 1661. By a Noble Lord John Earl of Middleton Lord Cleremont and Fettercairn His MAJESTIES Commissioner for holding of this Parliament 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 and Collected from the Records of Parliament by Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His MAJESTIES Council Registers and Rolls EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1661 CVM PRIVILEGIO CHARLES the 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE IRELAND Defender of the faith â—â—uch not my Anoynted GOD SAVE THE KING FEAR GOD HONOVR THE KING HONI SOIT QVI MAL Y PENSE C R HONI SOIT QVI MAL Y PENSE NEMO ME IMPVNE LACESSET The LAWS and ACTS made in 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 Began at Edinburgh the first day of January 1661. I. ACT concerning the President and Oath of Parliament FOrasmuch as it hath pleased Almighty GOD to compassionat the troubles and confusions of this Kingdom by returning the Kings most excellent MAjESTY to the exercise of that Royal Government under which and its excellent constitution this Kingdom hath for many ages injoyed so much happiness peace and plenty And it being upon good and important considerations an inviolable practice in this Government before these troubles that the person nominate by His MAjESTY to be His Chancellor within this Kingdom did of right and as due to his place preside in all Meetings of Parliament and other publick Judicatories of the Kingdom where he was present for the time And His MAjESTY now considering the great advantages do accress to the publick good of His Subjects by the due observance of such ancient and well grounded Customs and Constitutions and the prejudices that do accompany a change thereof Therefore His MAjESTY with advice and consent of His Estates of Parliament doth Declare That the present Lord Chancellor and such as hereafter shall be nominate by His MAjESTY or His Royal Successors to succeed in that place and in case of their absence such as shall be nominate by His MAJESTY are by vertue and right of the said office and such nomination respective to preside in all meetings of His MAJESTIES Parliaments or other publick Judicatories of the kingdom where they shall happen to be present and that they are now and in all time coming to injoy this priviledge And in discharge of this trust they are at the first down-sitting of every Parliament to administer to all the Members thereof the Oath of Alleagiance whereof the tenor follows I for testification of my faithfull obedience to my most gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forraign Prince Power or State nor person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and forsake all Forraign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly and never decline His MAJESTIES Power nor Jurisdiction as I shall answer to GOD. With this addition And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament as I shall answer to GOD. Likeas His MAJESTY with advice foresaid doth hereby Rescind and Annull all Acts Statutes or Practices as to the President or Oath of Parliament which are prejudicial unto or inconsistent with this present Act and Declare the same to be void and null in all time coming II. Act and Acknowledgement of His MAjESTIES Prerogative in the choice of His Officers of State Councellors and Judges THe Estates of Parliament considering the great obligations that do ly upon them from the Law of GOD the Laws of Nations the municipal Laws of the Land and their Oaths of Alleagiance to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY and the sad consequences that do accompany any incroachments upon or diminutions thereof Do therefore from their sense of humble duty Declare That it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate and Privy Councellors and the nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors are for ever by vertue of that Royal Power which they hold from GOD Almighty over this Kingdom to injoy and have the full exercise of that Right And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes or Practices to the contrair and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative and to be void and null in all time coming III. Act asserting His Majesties Royal Prerogative in the calling and dissolving of Parliaments and making of Laws THe Estates of Parliament now conveened by His MAJESTIES special Authority considering that the Quietness Stability and Happiness of the people do depend upon the Safety of the Kings MAJESTIES Sacred Person and the maintenance of His Soveraign Authority Princely Power and Prerogative Royal. And conceiving themselves oblieged in conscience and in discharge of their duties to Almighty GOD to the Kings MAJESTY and to their Native Country to make a due acknowledgement thereof at this time Do therefore unanimously Declare That they will with their lives and fortunes maintain and defend the same And they do hereby acknowledge that the power of Calling Holding Proroguing and Dissolving of Parliaments and all Conventions and Meetings of the Estates doth solely reside in the Kings MAJESTY His Heirs and Successors And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY or His Commissioner so no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the Kings MAJESTY or His Commissioner interponed thereto at the making thereof And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Laws Acts Statutes or Practices that have
pretexts made for the same did meet and conveen without any lawfull Warrand or Authority And therefore the Kings MAjESTY with advice and consent of His Estates of Parliament doth Declare the same with all that was done therein void and null and Rescinds and Annuls all Acts or Deeds whatsomever ratifying and approving the same VII Act concerning the League and Covenant and discharging the renewing thereof without His MAjESTIES warrand and approbation FOrasmuch as the power of Armes and entering into and making of Leagues and Bonds is an undoubted priviledge of the Crown and a proper part of the Royal Prerogative of the Kings of this Kingdom and that in recognisance of His MAjESTIES just Right the Estates of Parliament of this His most ancient Kingdom of Scotland have Declared it high Treason to the Subjects thereof of whatsoever number less or more upon any pretext whatsoever to rise or continue in Armes or to enter into Leagues and Bonds with Forraigners or among themselves without His MAjESTIES special Warrand and Approbation had and obtained thereto and have Rescinded and Annulled all Acts of Parliament Conventions of Estates or other Deeds whatsoever contrary to or inconsistent with the same And whereas during these troubles there have occurred diverse things in the making and pursuance of Leagues and Bonds which may be occasion of jealousie in and betwixt His MAjESTIES Dominions of Scotland England and Ireland Therefore and for preventing of all scruples mistakes or jealousies that may hereafter arise upon these grounds The King's MAjESTY with advice and consent of His Estates of Parliament Doth hereby Declare That there is no Obligation upon this Kingdom by Covenant Treaties or otherwise to endeavour by Armes a Reformation of Religion in the Kingdom of England or to meddle with the publick Government and Administration of that Kingdom And the King's MAjESTY with advice and consent foresaid doth Declare That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereto are not obligatory nor do infer any obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches of England and Ireland or in what may concern the Administration of His MAjESTIES Government there And further His MAjESTY with advice and consent of His Estates doth hereby Discharge and Inhibite all His MAjESTIES Subjects within this Kingdom that none of them presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom without His MAjESTIES special Warrand and Approbation And that none of His MAjESTIES Subjects offer to renew and swear the same without His MAjESTIES Warrand as said is as they will be answerable at their highest peril VIII Act against Papists Priests and Jesuits OUr Soveraign Lord considering that the publick contempt of and disobedience to lawful Authority though covered with the most specious pretexts is alwayes accompanied with great confusions and provocations to the dishonour of GOD and ruine of the People And that thereby occasion is offered to wicked and ill affected persons of all sorts upon one pretence or other to subvert Religion and pervert the Duty and Allegiance of the Subjects Whereof there be too sad evidence by the increase of Popery and the number of Jesuits Priests and Papists which have of late and do now abound in this Kingdom in far greater numbers then ever they did under the Government of His MAjESTIES Royal Father and Grand-Father of blessed memory And His MAjESTY being desirous to trace these His Royal Ancestors in a due and vigorous prosecution of these many excellent Laws made by them against the Saying of Mess and the stay and resset of Jesuits Seminary and Mess Priests and Trafficking Papists within this Kingdom Doth therefore with advice and consent of His Estates of Parliament command and charge all and sundry Jesuits Priests and Trafficking Papists that none of them presume hereafter to Say Mess within this Kingdom And that within a moneth after the publication hereof they remove forth of the Kingdom under the pain of death And sicklike His MAjESTY with advice and consent foresaid doth command charge and inhibite all His MAjESTIES Subjects of what quality or degree soever that none of them presume to hear Mess resset supply entertain furnish meat or drink nor keep intelligence nor correspondence with any Priests Jesuits or Trafficking Papists under the pains contained in the Laws and Acts of Parliament made in that behalf And to the end that this Act may receive the more exact obedience and prosecution His MAjESTY with advice and consent foresaid doth hereby command all Sheriffs of Shires and their Deputes all Magistrates of Burghs and other publick Ministers of the Laws to make exact enquiry and search in their several bounds and jurisdictions and to apprehend all such Jesuits Priests and Trafficking Papists as they shall finde within the same after the last day of March next to come and to commit them to the next sure Prison there to remain till they receive due punishment according to the Laws And also that with all possible diligence they send in to the Parliament or in case of their not Sitting to His MAjESTIES Privy-Council the List of such persons within their bounds as are known or suspected to be Papists that course may be taken with them conform to the Laws of the Kingdom And hereof the Sheriffs and Magistrates and their Deputes are to take special notice as they will be answerable at their highest peril Likeas His MAjESTY considering how dangerous it is that Children be educat by persons popishly affected do therefore conform to former Acts of Parliament appoint that children under popish Parents Tutors or Curators shall be taken from them and committed to the education of some well affected and religious friend at the sight and by order of His MAjESTIES Privy-Council And Ordains publication hereof to be made at the Mercat Cross of Edinburgh and other places needfull IX Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter FOrasmuch as in the year one thousand six hundred fourty and eight the Estates of Parliament of this Kingdom and His MAjESTIES good Subjects therein from the sense of their duty to Almighty GOD and the King's MAjESTY did chearfully undertake and concur in an Engagement for relief of His late MAJESTY of glorious memory from His imprisonment and for His restitution to the Royal Government of His Kingdoms And the Estates of Parliament now conveened by His MAjESTIES special Authority taking that Engagement to their consideration do find it to have been an Honourable Just Necessary and Seasonable Discharge of that indispensible Duty whereunto this Kingdom and the Subjects thereof are by the Law of God by the Law of Nature and
who otherwise may seem to be comprehended and concluded in it They do therefore from their certain knowledge Declare That even in that Parliament from which many of His Majesties good Subjects were debarred for their affection and adherence to His Majesties Service and Commands there was a considerable number of worthy Patriots of all Estates who at the passing of that base Act gave a publick testimony and dis-assent from it which is here Recorded for their due honour and for which their memory will in all ages receive a famous celebration And that there were divers others who upon the pretexts of Reformation and assurances of the Safety of His Majesties Person being inveigled were in the simplicity of their hearts drawn along for the time But shortly thereafter being convinced of their error did imbrace the first opportunity to expiate the same by freely hazarding their lives and fortunes in the year one thousand six hundred and fourty eight to reedeem His Majesty from these restraints and dangers which by that impious Act He was driven into And therefore His Majesty with advice and consent foresaid doth Declare That the Act of Parliament foresaid of the sixteenth of January one thousand six hundred and fourty seven is not to be look'd upon as the Deed of the Kingdom but as the Act of a few disloyal and seditious persons who having upon specious but false pretences screwed themselves into the Government did by force of Armes keep the same and from the conscience of their own guiltiness being afraid of the justice of His Majesties Government did violently carry on that Act. And in further owning thereof did in the said year one thousand six hundred and fourty eight rise in Arms in opposition to those who endeavoured to restore His Majesty to His Government and to relieve Him from the imprisonment and hazard He was then lying under as the natural effects of that unworthy transaction so justly hereby condemned And for the further clearing of the sense of this Kingdom as to that base and treacherous Act and the aspersions which have been thereupon raised as if there had been previous Transactions and Bargains of Money for carrying on of the same The Estates of Parliament Declare They do abominat the very thought of any such thing and that if at any time hereafter there shall be discovery of any such wickedness which they are confident GOD Almighty will in His Justice bring to light if it be true and wherein they earnestly intreat the concurrence of all His Majesties dutifull and loyal Subjects The persons guilty thereof shall without mercy be pursued as the vildest of Traitours and shall be incapable of the benefit of any Act of Pardon Oblivion or Indempnity for ever XI Act for taking the Oath of Alleagiance and asserting the Royal Prerogative OUr Soveraign Lord being truly sensible of the many sufferings and sad confusions that His dutifull and loyal Subjects have been brought under during these troubles and desirous that His Royal Government in it's due Administration may be refreshing and comfortable unto them And conceiving it necessar for that end and for the honour and advancement of His own Service the welfare and happiness of His Subjects and the peace and quiet of this Kingdom That the places of publick Trust which be the Channels and Conduits by which His Majesties Government is conveyed unto His People be supplied and exerced by persons of known integrity abilities and loyalty Do therefore Declare That it is and will be His Majesties Royal care that those whom according to the undoubted Right of the Crown He hath or shall think fit to call to His Councils or any publick imployments shall be so qualified And that for the full satisfaction of all His good Subjects and for removing any scruples or jealousies can arise upon this account they shall before their admittance to or exercise of any such Trust give such publick testimony of their Duty and Loyalty as may evidence to the world they are such as the Kingdom and all honest men and good Subjects may justly confide in And therefore the Kings Majesty with advice and consent of His Estates of Parliament Doth Statute and Ordain That all and whatsoever person or persons who are or shall be nominat by His Majesty to be His Officers of State of His Privy-Council Session or Exchequer Justice General Admiral Sheriffs Commissars and their Deputes and Clerks and all Magistrates and Council of Royal Burghs at their admission to their several Offices and before they offer to exerce the same shall take and swear the Oath of Alleagiance hereunto subjoyned And also that all other persons who shall be required by His Majesties Privy-Council or any having Authority from them shall be oblieged to take and swear the same And since all the troubles and miseries that have overspread this Kingdom and almost destroyed all religious and civil all publick and private interests these twenty years by-gone and upwards have arisen and sprung from these invasions that have been made upon and contempts done to the Royal Authority and Prerogative of the Crown His Majesty conceives Himself oblieged both for His own Royal interest and for the publick interest and peace of His people to be carefull to prevent the like for the future And therefore His Majesty with advice foresaid Statutes and Ordains that all persons who are or shall be called to any publick Trust as said is shall beside the taking of the Oath of Alleagiance be oblieged before they enter to their Offices and Trusts to assert under their hand writing His Majesties Royal Prerogative as is exprest in the Acts past in this present Parliament and in the manner hereunto subjoyned Certifying all such as being required shall refuse or delay to take the Oath of Alleagiance they shall not only thereby render themselves uncapable of any publick Trust but be lookt upon as persons dis-affected to His Majesties Authority and Government and such as shall refuse or delay to assert His Majesties Prerogative in manner under-written shall from thenceforth be uncapable of any publick Trust within this Kingdom Follows the Oath of Alleagiance I For testification of my faithfull obedience to my most Gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes And that no Forreign Prince Power State or Person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly nenounce and forsake all Forreign Power Jurisdictions and Authorities and shall at my utmost power defend assist and maintain His Majesties Jurisdiction foresaid against all deadly and shall never decline His Majesties Power and Jurisdiction as I shall answer to GOD. Follows the Acknowledgement of His Majesties Prerogative FOrasmuch as the Estates of
loss shame and dishonour to their native Countrey and have justly forfeited and favour they might have pretended to from His Majesties former concessions And forasmuch as now it hath pleased Almighty GOD by the power of His own right hand so miraculously to restore the Kings Majesty to the Government of His Kingdoms and to the exercise of His Royal Power and Soveraignty over the same The Estates of Parliament do conceive themselves oblieged in discharge of their duty and conscience to GOD and the Kings Majesty to imploy all their power and interest for vindicating His Majesties Authority from all these violent invasions that have been made upon it and so far as is possible to remove out of the way every thing that may retain any remembrance of these things which have been so injurious to His Majesty and His Authority so prejudicial and dishonourable to the Kingdom and destructive to all just and true interests within the same And considering that besides the unlawfulness of the publict Actings during these troubles most of the Acts in all and every of the Meetings of these pretended Parliaments do highly incroach upon and are destructive of that Soveraign Power Authority Prerogative and Right of Government which by the Law of GOD and the ancient Laws and Constitutions of this Kingdom doth reside in and belong unto the Kings Majesty and do reflect much upon the honour loyalty and reputation of this Kingdom or are expired and serve only as testimonion of dissloyalty and repraoch upon the Kingdom and are unfit to be any longer upon Record Therefore the Kings Majesty and Estates of Parliament do hereby Rescind and Annull the pretended Parliaments kept in the years one thousand six hundred and fourty one thousand six hundred and fourty one one thousand six hundred and fourty four one thousand six hundred and fourty five one thousand six hundred and fourty six one thousand six hundred and fourty seven and one thousand six hundred and fourty eight and all Acts and Deeds past and done in them and Declares the same to be henceforth void and null And His Majesty being unwilling to take any advantage of the failings of His Subjects during those unhappy times is resolved not to retain any remembrance thereof but that the same shall be held in everlasting oblivion and that all difference and animofities being forgotten His good Subjects may in a happy union under His Royal Government enjoy that happiness and peace which His Majesty intends and really wisheth unto them as unto Himself Doth therefore by advice and consent of His Estates of Parliament grant His full Assurance and Indempnity to all persons that acted in or by vertue of the said pretended Parliaments and other Meetings flowing from the same to be unquestioned in their Lives or Fortunes for any Deed or Deeds done by them in their said usurpation or by vertue of any pretended Authority derived therefrom excepting alwayes such as shall be excepted in a general Act of Indempnity to be past by His Majesty in this Parliament And it is hereby Declared That all Acts Rights and Securities past in any of the pretended Meetings above-written or by vertue thereof in favours of any particular persons for their civil and private interests shall stand good and valid unto them untill the same be taken into further consideration and be determined in this or the next Session of this Parliament XVI Act concerning Religion and Church Government OUr Soveraign Lord being truly sensible of the mercies of Almighty GOD towards Him in His preservation in the times of greatest trouble and danger and in His miraculous Restitution to His just Right and Government of His Kingdoms And being desirous to improve these Mercies to the glory of GOD and honour of His great Name Doth with advice and consent of His Estates of Parliament Declare That it is His full and firm resolution to maintain the true reformed Protestant Religion in it's purity of Doctrine and Worship as it was established within this Kingdom during the Reigns of His Royal Father and Grand-father of blessed memory And that His Majesty will be carefull to promote the power of Godlinesse to encourage the exercises of Religion both publict and private and to suppresse all prophanesse and disorderly walking And for that end will give all due countenance and protection to the Ministers of the Gospel they containing themselves within the Bounds and Limits of their Ministerial Calling and behaving themselves with that submission and obedience to His Majesties Authority and Commands that is suitable to the Allegiance and Duty of good Subjects And as to the Government of the Church His Majesty will make it His care to setle and secure the same in such a frame as shall be most agreeable to the word of GOD most suitable to Monarchicall Government and most complying with the publict peace and quiet of the Kingdom And in the mean time His Majesty with advice and consent foresaid Doth allow the present Administration by Sessions Presbyteries and Synods they keeping within bounds and behaving themselves as said is and that notwithstanding of the preceeding Act rescissory of all pretended Parliaments since the year one thousand six hundred and thirty eight XVII Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royal Government of His Kingdoms THe Estates of Parliament of the Kingdom of Scotland taking to their consideration the sad Condition Slavery and Bondage this ancient Kingdom hath groaned under during these twenty three years Troubles In which under the specious pretences of Reformation a publick Rebellion hath been by the treachery of some and mis-perswasion of others violently carried on against Sacred Authority to the ruine and destruction so far as was possible of Religion the Kings Majesty and His Royal Government the Laws Liberties and Property of the People and all the publick and private Interests of the Kingdom So that Religion it self which holds the right of Kings to be Sacred hath been prostitute for the warrand of all these treasonable invasions made upon the Royal Authority and disloyal limitations put upon the Alleagiance of the Subjects And hath it not also been pretended unto for the warrand of all those vile and bloody Murthers which in high contempt of Almighty GOD and of His Majesties Authority and Laws were under colour of Justice committed upon His Majesties good Subjects meerly for the discharge of their Duty to GOD and Loyalty to the King Hath not that Royal Government under whose Protection this Nation hath to the envy of the World been so famous for many ages been of late trode under foot and new Governments and Governours established and kept up without His Majesties Authority and against His expresse Commands Hath not Law which is the Birth-right and Inheritance of the Subject and the Security of their lives and fortunes been laid in the dust and new and unjust Edicts and Orders past and published for subjecting both life and fortune
them of the prices of the saids Few-fermes and Duties modified by the Lords and others of the Commission for Surrenders and Teinds And sicklike the Fewers and Vassals of the saids Kirk-lands and Erections are oblieged by their new Infeftments under the great Seal to pay the saids Few-fermes and Duties to the Kings Majesty and His Successors and so against reason may appear to be lyable to double payment thereof It is therefore Statute and Ordained by His Majesty with consent foresaid That the saids Fewers and Vassals of Kirk-lands and Erections their Heirs and Successors shall be oblieged to make thankfull payment of the saids Few-fermes and Duties contained in their Infeftments and whereof the said Superiors and Titulars have been in possession preceeding that Surrender foresaid to the saids Superiors and Titulars their Heirs and Successors ay and while they get paiment of the prices modified by the saids Lords and others of the Commission foresaid according to the Act of Parliament one thousand six hundred and thirty three years And that Letters of Horning and Poynding shall be granted to that effect without prejudice alwayes to His Majesty and His Successors of the superiority of the saids Fewars and Vassals surrendred in manner foresaid and without prejudice to them of their Infeftments taken to be holden of His Majesty and His Successors Likeas it is Declared That the saids Fewers and Vassals of Kirk-lands and Erections have been in bona fide in paiment of the saids Few-fermes and Duties to the said Superiors and Titulars of all times bygone according to the provisions contained in the said general Surrender It is alwayes provided that this Act shall not be prejudicial to an Act past by this Parliament in favours of the Earl of Lauderdail of the Lordship of Musleburgh of the date the ninth day of April last XXXI Act concerning the Registration of Comprisings OUr Soveraign Lord with consent of the Estates of Parliament considering that the Registration of Comprisings was only established by an Act of Secret Council and never authorized by any Law or Act of Parliament and that the Registration thereof did put the Lieges to unnecessar charges neither adding to the validity of the Comprisings nor to the benefit of the Comprisers Hath therefore discharged and by these presents discharges all Registration of Comprisings with all Gifts Acts of Council and other Warrands and Custome whatsomever granted and observed at any time heretofore thereanent and by their presents Ratifies and Approves the Custome observed these many years past whereby in place of the said Registration a short Record of all Comprisings of Lands Teinds and others and of the Comprisers names and designations the Defenders names the Debts for which the Comprising is deduced the Messengers and Clerks names the date of the Executions the Witnesses names thereto and of the Superiors of whom the comprised Lands are holden hath been made in a Book by the Clerk of Register and his Deputs at the allowing of the saids Comprisings for which Allowance and Recording there is only fourty shillings Scots to be paid and which Custome is very usefull and necessar for information of the Lieges And therefore His Majesty with advice and consent foresaid Ratifies and Approves the foresaid Custome and Ordains all Comprisings formerly deduced and not allowed and recorded in manner above-written to be brought in to the Clerk of Register and his Deputs within threescore dayes after the publication hereof and all Comprisings to be led and deduced hereafter to be brought in to the said Clerk of Register and his Deputs within threescore dayes after the date thereof With certification that if they be not allowed and recorded within the said space any other Comprising though posterior in date yet if it be allowed and recorded before the prior Comprising the same shall have preference according to the date of the Allowance and Record but prejudice alwayes to any further diligence by Infeftments or charges against the Superior according to the priority or posteriority thereof pro ut de jure XXXII Act concerning Heritable and Moveable Bonds OUr Soveraign Lord with advice and consent of His Estates of Parliament for many just and reasonable causes moving Him Statutes and Ordains That all Contracts and Obligations for Sums of money payable to Parties at any time made and dated since the sixteenth day of November one thousand six hundred and fourty one or to be made in time coming containing clauses for paiment of Annualrent and Profit are and shall be holden and interpret to be Moveable Bonds except in these cases following viz. That they bear an expresse obliegment to infeft or that they be conceived in favours of Heirs and Assignes secluding Executors in either of which cases Ordains the Sums to be Heritable and to pertain to the Heir otherwayes to be confirmed by the Executor and to appertain to the nearest of Kin and to the Defuncts Executors and Legators according to the Law and practict of Moveables Declaring alwayes that all such Bonds quoad fiscum shall remain in the same condition as they were before the said sixteenth of November one thousand six hundred and fourty one not to fall under the compasse of single Escheat nor shall any part thereof pertain to the Relict jure relictae where the Bonds are made to the Husband nor to the Husband jure mariti where the Bonds are made to the Wife unless the Relict or Husband have otherwayes right and interest thereto Declaring neverthelesse that this provision shall no wayes prejudge Wife nor Husband and their Executors of their respective Titles and Interests to the by-gone Annualrents of the saids Bands resting before either of their deaths XXXIII Act for the right Packing of Salmond OUr Soveraign Lord and Estates of Parliament understanding that the Salmond-fishings are one of the principal benefits whereby Trade is maintained and Money brought into the Kingdom And that through the evil ordering thereof both in the insufficiency of the Barrels and also in the disloyal packing of the same not only is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should return thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ratifies and Approves all and sundry Acts of Parliament Laws and Constitutions of this Realm made anent Salmond-fishing and the sufficiency of the Barrels and loyal packing thereof with this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappel for which they shall be answerable without Worm-holes and White-wood and of sufficient tightnesse for containing the pickle and sufficient tightnesse for enduring all kinde of stresse in the handling and that the Barrels contain no lesse then ten gallons of the Stirling pint conform to an Act of His Majesties Council of the date at Halyrood-house the fifteenth day of July one thousand six hundred and nineteen years which His Majesty with
called Sealch-skins ilk twenty dacker two ounces Bullion Silver twelve Denier fine Skins called Tod-skins ilk half hundred two ounces Bullion Silver twelve Denier fine Skins called Veal-skins ilk four dacker two ounces Bullion Silver twelve Denier fine Skins called Wool-skins ilk fifteenscore two ounces Bullion Silver twelve Denier fine Skins called Woolf-skins ilk two dacker two ounces Bullion Silver twelve Denier fine Sparres Roof-sparres ilk hundred two ounces Bullion Silver twelve Denier fine Sparres Roof-sparres of Oak ilk twenty two ounces Bullion Silver twelve Denier fine Sparres Wicker-sparres ilk thousand two ounces Bullion Silver twelve Denier fine Stulling every six bolls two ounces Bullion Silver twelve Denier fine Stirrop-irons ilk ten dozen two ounces Bullion Silver twelve Denier fine Stirrop-leathers ilk twenty dozen two ounces Bullion Silver twelve Denier fine Sword-blaides ilk threescore two ounces Bullion Silver twelve Denier fine Swords mounted ilk twenty two ounces Bullion Silver twelve Denier fine Sword-belts of leather ilk twelve dozen two ounces Bullion Silver twelve Denier fine Swine ilk ten of them two ounces Bullion Silver twelve Denier fine Suggar of all sorts ilk sixty pound weight two ounces Bullion Silver twelve Denier fine Sythes ilk threescore of them two ounces Bullion Silver twelve Denier fine Seathes ilk five hundred thereof two ounces Bullion Silver twelve Denier fine Seathes ilk six barrels two ounces Bullion Silver twelve Denier fine Shoos ilk hundred pair two ounces Bullion Silver twelve Denier fine Starch ilk hundred weight two ounces Bullion Silver twelve Denier fine Slyreland ilk hundred ells three ounces Bullion Silver twelve Denier fine Shewed Beds the peece two ounces Bullion Silver twelve Denier fine Sulfur ilk hundred weight one ounces Bullion Silver twelve Denier fine T TAkle ilk five hundred weight two ounces Bullion Silver twelve Denier fine Tallow called Narves Tallow ilk six barrels two ounces Bullion Silver twelve Denier fine Scots Tallow ilk three barrels two ounces Bullion Silver twelve Denier fine Tar of great and small bind ilk six barrels two ounces Bullion Silver twelve Denier fine Tyking for Beds ilk hundred ells two ounces Bullion Silver twelve Denier fine Tows ilk five hundred weight two ounces Bullion Silver twelve Denier fine Trumps ilk five hundred one ounces Bullion Silver twelve Denier fine Tobacco ilk hundred weight one ounces Bullion Silver twelve Denier fine Tobacco-pipes ilk fourty grose one ounces Bullion Silver twelve Denier fine V VEals ilk ten of them two ounces Bullion Silver twelve Denier fine Vineger of Wine ilk two tuns two ounces Bullion Silver twelve Denier fine Vineger of Bear or Ale ilk three tuns two ounces Bullion Silver twelve Denier fine W WAdmoll ilk two hundred ells two ounces Bullion Silver twelve Denier fine Wainscot of all sorts ilk thirty of them two ounces Bullion Silver twelve Denier fine Wax ilk last or fourteen Ship-pounds four ounces Bullion Silver twelve Denier fine Wheat every four bolls half boll two ounces Bullion Silver twelve Denier fine Whale-shot ilk two barrels two ounces Bullion Silver twelve Denier fine Worstead yarn for Shewing ilk twenty pound two ounces Bullion Silver twelve Denier fine Wool ilk six stone weight two ounces Bullion Silver twelve Denier fine Wines ilk tun two ounces Bullion Silver twelve Denier fine Wine-sellars ilk twenty of them two ounces Bullion Silver twelve Denier fine Whingers or Durks ilk sixty of them one ounces Bullion Silver twelve Denier fine Y YArn Cable-yarn ilk eight hundred weight two ounces Bullion Silver twelve Denier fine YArn Cotton-yarn ilk sixty pound weight two ounces Bullion Silver twelve Denier fine YArn Irish-yarn ilk three hundred weight two ounces Bullion Silver twelve Denier fine YArn Raw Linning-yarn Dutch or French ilk sixty pound two ounces Bullion Silver twelve Denier fine YArn Scots-yarn ilk fifty pound weight two ounces Bullion Silver twelve Denier fine YArn Spruce or Muscovia-yarn ilk two hundred weight two ounces Bullion Silver twelve Denier fine YArn Woollen or Bay-yarn ilk hundred weight two ounces Bullion Silver twelve Denier fine XXXVIII Commission and Instructions to the Justices of Peace and Constables OUr Soveraign Lord taking to His Royal consideration how much the appointing of Justices of Peace and Constables within all the Shires of this Kingdom under the Reign of His Majesties Royal Predecessors did contribute to the Peace Quiet and good Government thereof and to the speedy and impartial execution of Law and Justice to all persons subjected to their jurisdiction and power Therefore and for the furtherance of these ends in the future His Majesty with advice and consent of His Estates of Parliament Doth hereby Statute and Ordain That in all time coming there shall be Justices of His Majesties Peace appointed within each several Shire of this Kingdom to be nominate from time to time by His Majesty and His Royal Successors Which Justices of Peace are hereby impowered to administrate Justice and put His Majesties Laws in execution according to the particular Instructions after-mentioned viz. The Justices of Peace at their first sitting shall take the Oath of Alleagiance and Oath De sideli administratione which at first shall be administrate to them by the Sheriff or his Depute of ilk respective Shire or in their absence by the President and Conveener for the time Followeth the Oath of Alleagiance I For testification of my faithfull Obedience to my most Gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath that I acknowledge my said Soveraign Only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forreign Prince Power or State nor Person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and foresake all Forreign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His Majesties Jurisdiction foresaid against all deadly and shall never decline His Majesties Power nor Jurisdiction as I shall answer to GOD. Followeth the Oath De fideli administratione I As one of the Commissioners and Justices of Peace within Shires according to my knowledge wit and power shall do equal Right both to rich and poor conform to the Laws Statutes and Customs of the Land and that I shall not be of Council with any person in any quarrel or matter depending before me and that I shall every Quarter keep the Sessions or oftener as I shall be required not having any just impediment in the contrair and shall faithfully and truly discharge my duty as a Justice of His Majesties Peace and shall leave nothing undone that may tend to the preservation of the same So help me GOD. The Justices of Peace in each respective Shire shall meet and conveen together four times in the year viz. On the first Tuesday of May the first
and others therein contained and Ordains the same to be put to execution conform to the tenor thereof in all points And also considering how usefull Goat-skins Hart Deer and other wilde Beasts Skins might be if they wrere prepared and improven by Skinners within the Kingdom His Majesty doth therefore with advice foresaid Discharge all Merchants Trades-men and others to Transport any Calf-skin Kid-skin Hudderon or Shorling-skins or any Goats-skins Hart Buck Deer or any other wilde Beasts Skins forth of the Kingdom under pain of Confiscation of the same And for the further incouragement of the Skinner-trade and Manufactury Licence is hereby given to Export Gloves made within the Kingdom free of all Custom and Excise for the space of nineteen years after the date hereof reserving alwayes to the Lord-Treasurer and Commissioners of Exchequer to give Licences for Exporting of Skins as they shall find cause after one year from the date hereof XLVI Act discharging Exportation of Woollen-yarn Worstead broken Copper and Pewter c. THe Kings Majesty considering the great prejudice this Kingdom and Manufacturies do receive by the Export of Worstead Woollen-yarn Raw and Unwaked-cloath and Stuffs and the discouragement that Trades-men and Artists have by the Export of broken Copper Brass and Pewter Doth therefore with advice and consent of His Estates of Parliament Discharge all Merchants Trades-men and others whatsoever as well Strangers as Natives upon any colour or pretext whatsoever to Export forth of this Kingdom any Worstead Woollen-yarn Raw or Unwaked-cloaths and Stuffs whatsoever made within the same Plaiding excepted or any broken Copper Brass or Pewter under the pain of Confiscation of what of any of the particulars above-written shall be apprehended in the Exporting the one half to be applyed for His Majesties use and the other half for the use of the apprehender and pursuer of the same XLVII Act discharging Trades-men to Import Made-work THe Kings Majesty considering the great discouragement given to Manufacturies and Trades by Tradesmen's bringing home from Forraign places such Commodities as may be made within the Kingdom by these of the same Trade Doth therefore with advice and consent of the Estates of Parliament Inhibit and Discharge all Trades-men and Mechanicks to Import from forraign parts any Made-work belonging to that Trade or Calling whereof they are Free-men or to vend the same or any such Ware brought home by Merchants in their Shops or otherwayes under the pain of Confiscation the one half to His Majesties use and the other to the apprehender or pursuer of the same XLVIII Act for incouraging of Soap-works THe Kings most Excellent Majesty considering the great advantage this His ancient Kingdom hath had and may have by erecting and keeping up of Soap-works whereby the Eastern Trade and Green-land Fishing will be much helped by Importing of Pot-ashes and other Materials and money brought into the Kingdom by the Exported Soap made within the same And His Majesty being sensible of the prejudice this Kingdom hath suffered during these troubles by the decay of these works and being willing to give all due incouragements to the same for the future Doth therefore with advice and consent of the Estates of Parliament Declare all Oyl Pot-ashes and other Materials of any kinde whatsoever to be imported for the use of Soap-works or making of Soap and all Soap made within the Countrey to be free of all Custom and Excise and all other publick or private Dues whatsoever and also that all Soap so made and Exported shall be free for the space of nineteen years after the setting up of these works and after the date hereof for such works as are already set up and discharges all Customers Collectors or Fermerers of Excise or Custom and all others whatsoever to demand Custom Excise or other Duty for any Oyl Pot-ashes Tallow or other Materials Imported for making of Soap or use of Soap-works allanerly or for Soap made within the Kingdom and exported as said is XLIX Act Reducing the Annuals to Six for the Hundred THe Kings Majesty with advice and consent of the Estates of Parliament Hath thought fit upon divers good considerations to Reduce Likeas hereby they do Reduce the Annualrents of all money within this Kingdom to Six for the Hundred yearly in all time coming And Declares the said Six for the Hundred to be free of all Retention or other publick Burdens whatsoever L. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session FOrasmuch as among the many and unparallel'd blessings wherewith it hath pleased the Almighty GOD to visit these Kingdoms in the return of His Majesty to the exercise of His Royal Government it is the great happinesse of this Kingdom that the ordinary Judicatories the fountains and seats of Justice are by His Majesty established according to their ancient and well grounded Constitutions And the Estates of Parliament considering how much it doth import the advancement of His Majesties service the honour of the Kingdom and the good of the Subjects that the Senators of the Colledge of Justice who are the Supream Judges under His Majesty in all civil Causes should be provided to a competent allowance towards their charge and expenses in their attendance on this their publick Administration And understanding that by the calling down of the Annualrents from ten to six of the hundred and by the disability of some Debitors and by laying aside the twentieth penny of Sentence-silver which is conceived to be an unequal burden and grievance to such as must sute the benefit of the Law and so are lyable thereto before they can have repetition of it or recovery of their just Debts the present yearly allowance to each of them will not exceed one hundred pounds Sterling which being so mean and unsuteable to the honour and reputation of that imployment and to equity and justice as to the persons called by His Majesty to serve therein Therefore the Estates of Parliament have thought fit to grant likeas they do hereby make a free Offer and Grant of a Taxation of Twelve thousand pounds Sterling towards the making up of a Stock whereof the Annualrent is to be imployed for the use aforesaid and to be paid by the Shires and Burghs of the Kingdom the one half thereof in the moneth of November next to come and the other half in the moneth of May thereafter in the year one thousand six hundred and sixty two years and to be raised in the same manner the present or last Impositions are and have been paid And in order thereunto The Kings Majesty with advice and consent of His Estates of Parliament Doth hereby Statute and Ordain the said sum of twelve Thousand pounds Sterling to be paid by the Shires and Burghs of the Kingdom in manner and for the use aforesaid the one half thereof in the moneth of November and the other half in the moneth of May next to come and that the same be brought in and
Estates of Parliament Ordains that there be no greater price exacted for entering their Ships and Goods then the sum of twenty three shillings four pennies and for the said Cocquet then the sum of fourty shillings and that the keepers of the said Cocquet attend by themselves or their servants diligently and readily to answer and give out Cocquets to all Merchants and Masters of Ships under pain of losing their place whensoever they shall be found either to exact more then the said sum above written or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same LVI Act anent Coal-hewers OUr Soveraign Lord with advice and consent of His Estates of Parliament Ratifies the eleventh Act of the eighteenth Parliament of King James the sixth of worthy memory made anent Coal-hewers and Salters with this addition That because Water-men who laves and draws Water in the Coal-heugh-head and Gates-men who worke the wayes and passages in the said Heughs are as necessar to the owners and Masters of the said Coal-heughs as the Coal-hewers and bearers It is therefore Statute and Ordained by Our Soveraign Lord with advice and consent foresaid That no person shall hire nor seduce any Water-men Winds-men and Gates-men without a Testimonial of the Master whom they serve under the pains contained in the former Acts in all points And because it is found by experience that the giving of great Fees hath been a mean and way to seduce and bring Coal-hewers from their Masters It is therefore also Statute and Ordained That it shall not be lawfull for any Coal-masters in this Kingdom to give any greater Fee then the sum of twenty merks in Fee or Bounteth under any colour or pretext and because the saids Coal-hewers and Salters and other Work-men in Coal-heughs within this Kingdom do ly from their work at Pasch Zule Whitesunday and certain other times in the year which times they imploy in Drinking and Debauchry to the great offence of GOD and prejudice of their Master It is therefore Statute and Ordained That the saids Coal-hewers and Salters and other Work-men in Coal-heughs of this Kingdom worke all the six dayes of the Week except the time of Christmasse under the pain of twenty shillings Scots to be paid to their Master for ilk dayes failÈie by and attour the prejudice sustained by their saids Masters and other punishment of their bodies LVII ACT discharging the Custom of two and a half of the Hundred and the Impost of four pounds on the Tun. OUr Soveraign Lord considering that the prices of all Merchandice do daily rise to exceeding great dearth which is alleaged to be occasioned through extraordinary Customs and Impositions For remedy whereof His Majesty with advice and consent of His Estates of Parliament Doth discharge all and sundry whatsoever Customs and Impositions exacted by the Customers which are not allowed by the Acts of Parliament and especially the late Custom of two and an half per cent and the late new Imposition of four pounds upon the Tun of Wine and all raising of His Majesties Customs directly or indirectly without consent of Parliament And because that the too much troubling of Merchants 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 Customs And to the end that the Subject of Trade may not be restrained with unnecessary Customs His Majesty with advice and consent foresaid Declares that all Goods and Merchandice imported from Forraign places to this Kingdom and out of the same paying Inward-custom shall be free of all Outward-custom according as is used in England and Ireland Likeas His Majesty Declares that He consented to the Act above-written upon this condition that Commission and Warrand be granted to the Exchequer to establish the Book of Rates according as the prices of Merchandice now rules and His Majesty permitted the option to the Burroughs whereupon the Burroughs having advised they made choice to be ruled by the the Book of Rates anent the Customs and consented that Commission should be granted to the Exchequer to establish the Book of Rates according as the prices of Merchandice now rules In respect whereof Our Soveraign Lord Ordains a Commission to be drawn up to the Exchequer to the effect foresaid and extracted thereupon for establishing the Book of Rates according as the prices of Merchandice now rules And therefore Our Soveraign Lord with advice and consent foresaid Ordains the Act above-mentioned to stand as a Law in manner and to the effect above-rehearsed LVIII Act in Favours of these who get their Ward-holding changed by the Kings Majesty THe Estates of Parliament having taken to consideration that some difficulty hath occurred in the prosecution of His Majesties Royal Fathers intention of changing of Ward-holdings in Few for the well of His Subjects conform to the two Commissions granted by His said Majesty thereanent under the Great Seal of this Kingdom And that the said difficulty hath risen upon this ground that diverse of His Majesties Subjects holding Lands of His Majesty or of the Prince Ward or Few cum maritagio holds also other Lands of other Superiors Ward who whilst their Vassals held Lands Ward or Few cum maritagio of His Majesty or of the Prince could pretend no right to the Marriage of the Vassals Heir when the same shall be changed in Few and Composition and a yearly Few-duty being granted to His Majesty or the Prince for the said Ward and Marriage the other Superiors of the said Vassals of whom he holds Ward may contend for the benefit of the casuality of the Marriage of His Vassals Heir when the same falls out he being the Vassals eldest Superior of whom he holds Ward which was grievous to the Vassals who by this new course of changing of his holding hath componed both for Ward and Marriage Therefore it is Statute and Ordained by the Kings Majesty with advice and consent of His Estates of Parliament That all Vassals holding Ward of His Majesty or the Prince or holding Few cum maritagio who shall hereafter compone and agree with the Commissioners to be appointed by His Majesty for changing of their Holdings from Ward to Few or for renunciation of the Marriage contained in their Few-infeftments their Heirs and Successors in the saids Lands shall be free of the Marriage that can be acclaimed by their Superiors of the Lands holden by them of their saids other Superiors Ward and that the saids other Superiors shall have no right to the Marriage of their Heirs when the same falls out no more then they would have had if the Lands holden Ward of His Majesty or the Prince had continued still Ward but that the saids Vassals whose holding shall be changed or who shall compone for their Marriage as said is their Heirs and Successors shall
been or upon any pretext whatsoever may be or seem contrair to or inconsistent with His MAJESTIES just Power and Prerogative above-mentioned and Declares the same to have been unlawfull and to be void and null in all time coming And to the end that this Act and Acknowledgement which the Estates of Parliament from the sense of their humble duty and certain knowledge have hereby made may receive the more exact obedience in time coming It is by His MAJESTY with advice foresaid Statute and Ordained that the punctual observance thereof be specially regarded by all His MAJESTIES Subjects and that none of them upon any pretext whatsoever offer to call in question impugne or do any deed to the contrair hereof under the pain of Treason IIII. Act asserting His Majesties Royal Prerogative in the making of Leagues and the conventions of the Subjects THe Estates of Parliament considering that the maintenance of His MAjESTIES Authority and Royal Prerogative in and concerning the making of Leagues and the conventions of the Subjects is not only a necessary duty of the people but of singular advantage to their happiness and peace And that their Predecessors wisely foreseing the good and benefit thereof and the prejudices and miseries that inevitably did accompany the neglect of the same did therefore by many several Acts and Laws assert the Kings Prerogative and Authority therein and particularly by the hundred and thirty one Act of the eight Parliament of King James the sixth it is Statute and Ordained That none of his Highness Subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of Councils Conventions or Assemblies to treat consult and determine in any matter of State Civil or Ecclesiastick except in the ordinary Judgements without His MAJESTIES special command or express licence had and obtained thereto under the pains made against such as unlawfully convocats the Kings Leidges And by the twelfth Act of the tenth Parliament holden the tenth of December one thousand five hundred and eighty five It is by His MAJESTY with advice of His three Estates Statute and Ordained that no Leagues nor Bonds be made among His Subjects of any degree upon whatsoever colour or pretence without His Highness or His Successors privitie and consent had and obtained thereunto under the pain to be holden and execute as movers of Sedition to the breach of the Peace And now finding that the due observance of these Laws might have contribute much to the preventing of these confusions and troubles which in these late times have almost ruined both the Kings MAJESTY and all His loyal Subjects Therefore His MAJESTY with advice and consent of His Estates of Parliament doth revive renew ratifie and approve these Acts above-mentioned and Ordain the same to be punctually obeyed in all time coming conform to the tenor thereof and under the pains therein contained And Declares that any explanation or glosse that during these late troubles hath been put upon these Acts as that they are not to be extended against any Leagues Councils Conventions Assemblies or Meetings made holden or kept by the Subjects for preservation of the Kings MAJESTY the Religion Laws and Liberties of the Kingdom or for the publick good either of Kirk or Kingdom are false and disloyal and contrair to the true and genuine meaning of these Acts And therefore His MAJESTY with advice foresaid doth Discharge and for ever Annull the same and all Acts and Practices that have been in pursuance thereof V. Act asserting His Majesties Royal Prerogative in the Militia and in making Peace and War c. THe Estates of Parliament considering the great happiness that this Kingdom hath for many ages enjoyed under the princely Government of their Royal Kings who by the special blessing of Almighty GOD have reigned over them in so long and an unparallel'd series of Royal descents and the obligation thereby lying upon them in conscience honour and gratitude to owne and assert the Royal Prerogatives of the Imperial Crown of this Kingdom which the Kings MAJESTY holds from GOD Almighty alone An to vindicat the same from these invasions which by the malice or specious pretexts of ill affected persons and the confusions and disorders of the late times have been made upon it Do therefore Declare That the power of Armes and making of Peace and War or Treaties and Leagues with Forraign Princes or Estates doth properly reside in the Kings MAJESTY His Heirs and Successors and that it was and is their undoubted Right and theirs alone to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwise disposing thereof and of all Strengths Forts or Garrisons within the same as they shall think fit the Subjects alwayes being free of the Provisions and Maintenance of these Forts and Armies unless the same be concluded in Parliament or Convention of Estates Likeas the Kings MAJESTY with advice and consent foresaid doth hereby Declare That it is and shall be high Treason to the Subjects of this Kingdom or any number of them more or less upon any ground or pretext whatsoever to rise or continue in Armes to maintain any Forts Strengths or Garrisons to make Peace or War or to make any Treaties or Leagues with Forraign Princes or Estates or among themselves without His MAJESTIES special Authority and Approbation first interponed thereto And doth discharge all His MAJESTIES Subjects to offer upon any pretext whatsoever to attempt the doing of any of these things hereafter under the said pain of Treason And in further detestation of such unlawfull and unwarratnable practices the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes Ordinances or Deeds past or done in any Parliaments Conventions or other Meetings whatsoever or any otherwise in so far as they are or may be contrair to or inconsistent with this present Act and Declares the same dispensing with the generality and holding all the particulars as verbatim herein inserted to be void and of no force nor effect in time coming VI. Act annulling the pretended Convention of Estates kept in the year 1643. FOrasmuch as the power of calling of Parliaments or Conventions of the Estates of this Kingdom hath alwayes been and is an undoubted priviledge of the Crown and doth soly reside in the Kings MAJESTY And that notwithstanding thereof among the many other invasions which during these late times have been made upon the Royal Prerogative a pretended Meeting and Convention of the Estates was called and kept at Edinburgh in June one thousand six hundred fourty three without any warrand from the Kings MAjESTY And the Estates of Parliament now conveened by His MAjESTIES speciall Authority having taken into their consideration the indiction reasons and grounds of the calling of the said Convention do find that the said pretended Convention of Estates notwithstanding of all the specious
Nations by the municipal Laws of the Land by their Alleagiance and by all the strictest bonds of Conscience and Honour oblieged to the most Sacred Person and Royall Authority of their King's MAjESTY And therefore Our Soveraign Lord with advice and consent of His Estates of Parliament doth Ratifie and Approve that Engagement for His MAjESTIES relief and restitution to His Royal Government And doth Declare that as it was a most noble and pious Testimony of the Loyalty of His MAjESTIES good Subjects of His ancient Kingdom and of their affection and zeal to His MAjESTIES Person and Government So His MAjESTY for Himself and His Successors doth assure that They will alwayes retain a gratefull resentment thereof And have appointed these presents to remain upon Record for the due honour of these persons who did engage therein and of their posterity for ever And whereas the necessity and justice of this undertaking with the interest this Kingdom had in His Majesties Person by the honour of His Royal Birth and by these many and singular Acts of Grace He had lately conferred upon it might justly have claimed a ready concurrence of all the Subjects Yet there wanted not some and even such whom not long before His Majesty had oblieged by marks of His Royal Favour both of honour and profit who made it their work to disappoint and oppose the same And for that end having gathered some mutinous Commons and others who by a few seditious Ministers had been preached into an open Rebellion they in the moneth of September one thousand six hundered fourty and eight years without any lawfull Authority and not giving the Oath mentioned in the Commission of Parliament without which it was expresly provided they were not to have accesse to nor place in the Committee did usurpe to themselves the name and power of a Committee of Estates and having by their own Edicts declared all such persons as had given testimony of their duty and loyalty to the King to be uncapable of being Members of Parliament or of having voice in the Elections to the Parliaments They then without any lawfull Authority called a Packt meeting of Parliament to consist onely of persons of their own stamp and faction who accordingly met in January one thousand six hundred fourty and nine years and assuming to themselves the Soveraign Authority and Government of the Kingdom intended to establish and fix the power in their own persons for ever For which purpose having publickly declared against that necessary and just Engagement for His Majesties relief and restitution to His Royal Government Having approven all the oppositions and risings in Armes against the same and by Oath solemnly engaged themselves to a constant adherence thereunto Having for their assistance called in the Usurper Cromwel and a part of his Army Having by publick engagement given up the Honour and Safety of this ancient Kingdom to the English and declared that His Majesty should be oblieged to Ratifie that unworthy Act before any Treaty were with Him for His relief Having given order to their Commissioners to Protest against any agreement betwixt His Majesty and His Subjects in England in the Treaty at the Isle of Wight Having so far as in them lay weakned and dissolved the common Alleagiance of the Subjects to the King's Majesty by proclaiming His Right to the Crown with base restrictions and limitations and pressing the Subjects against their consciences to subscribe the same Having disowned His Majesties interest in the Quarrel betwixt them and the English who had invaded this Kingdom meerly to destroy His Majesties Interest in it Having taken the lives of some and forced others of His Majesties good Subjects of best quality to flie to Forraign parts for their safety Having fined confined imprisoned and seized upon the livelyhood of many Having put disgracefull characters and incapacities upon all who had witnessed any affection to His Majesties Government Having unjustly pronounced and with cruelty executed Sentences of Forfeiture against the lives and fortunes of such as from conscience of their duties did oppose them Having in their publick Meetings appointed that the innocent wives and children of these who offered to vindicate His Majesties Authority should be seized on and transported to Forraign Countries Having once and again sollicite their Brethren in England that such of this Kingdom as for ventering their lives for the King were then prisoners in England should be still kept prisoners as Pledges of the Peace Having thrust out of the Offices of State places of Judicatory and publick Trust all such as were willing to engage for His Majesties relief and restitution to His Government and put such in their places as did oppose the same Having laid on and raised great exactions and sums of money from the people and employed them for their own uses Having seized on His Majesties Revenews and bestowed them upon themselves and such others as were in open Opposition and Armes against Him Having also seized upon the Properties and due Rights of the Subjects and the Patronages by Law secured unto them And having by these and many such like Acts endeavoured to perpetuate themselves in their usurped Power they prorogated the Meetings of their pretended Parliaments from time to time substituting some of their Trustees for carrying on of their designs in the while And the Estates of Parliament having taken these proceedings unto their serious consideration Do find that there was no Law nor lawfull Authority for the Meetings of these pretended Parliaments and Committees of Estates But that the persons meeting therein did without any lawfull warrand and in contempt of His Majesties Authority usurpe the power to themselves And therefore the King's Majesty with advice and consent of His Estates of Parliament doth Rescind and Annull these pretended Meetings of Parliament and Committees above mentioned and all other Meetings of any pretended Parliaments or Committees flowing from the same and all Acts Deeds and Treaties done by them or their warrand Execepting alwayes all such Acts as were past in any Meeting of Parliament or Committee of Estates authorized by His Majesties presence and are not inconsistent with this present Act. And also Declares any Ratification which thereafter was past of those Meetings and Acts to have been void from the beginning Except in so far as is exprest in the Indempnity Declarations and Provisions after mentioned Yet notwithstanding of all these provocations the King's Majesty from His innate goodness being more desirous to reclaim His Subjects to their duty by Acts of Mercy then to reduce them by their too much deserved Censure Doth of His meer favour and grace with advice and consent foresaid Indempnifie all such persons who sat and acted in these pretended Parliaments and Committees or who acted in order thereunto or by vertue of and in obedience to the same To be in all time coming unquestioned in their lives and fortunes for these their actings Excepting such as shall be excepted
in a generall Act of Indempnity to be past by His Majesty in this Parliament And forasmuch as the Ordinar Courts of Justice did sit and act by Warrand of these Meetings the Kings MAjESTY for the good and ease of the people doth with advice foresaid Declare That none of the Acts Decreets or Sentences given by these who sat as Lords of Session or as inferiour Judges within this Kingdom these years nor no Execution following thereupon are for want of lawfull Authority to be questioned Whereanent His MAjESTY with advice foresaid by these presents dispenses And also His MAjESTY considering that by a pretended Act and Commission from the said pretended Meetings or Parliaments Augmentations were granted to Ministers Kirks were divided new Kirks were erected and Lands from one Paroch to another dis-joyned and annexed and divers other particulars decerned in relation to the Plantation of Kirks which Commissions one or more though they had no lawfull Authority but in themselves were and are null Yet His MAjESTY being desirous to give all due encouragements to the Ministers of the Gospel doth with advice and consent foresaid Declare That all Acts Decreets and Sentences pronounced and given forth by the saids Commissioners and all Executions thereupon are and shall stand valid in time coming except such as upon the complaint of any party shall be found to have been unjustly or exorbitantly pronounced and decerned The determination whereof is hereby referred by His MAjESTY with advice and consent foresaid to the Commission for Plantation of Kirks to be established by His Majesty in this present Parliament that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of what was done by vertue of the saids Commissions in the years one thousand six hundred and fourty nine and one thousand six hundred and fifty as they shall think just conform to the standing Laws and Acts of Parliament preceeding the year one thousand six hundred and fourty nine and Ordains process upon supplication to be summarly granted parties alwayes being cited and that without any reduction As also with power to the saids Commissioners to be appointed upon the dependence of the saids complaints and process to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter may be determined by them And forasmuch as by a pretended Commission for the Exchequer divers Infeftments Gifts and others were past in the foresaids years one thousand six hundred and fourty nine and one thousand six hundred and fifty His Majesty with advice foresaid Declares That all such Gifts Infeftments and others are and shall be valid excepting alwayes new Gifts and Dispositions of Lands and others granted and past to His Highness prejudice and such other Gifts as upon the complaints of parties shall by His Majesties Treasurer and Commissioners of Exchequer be found to have been unjustly granted or past in prejudice of prior Gifts under His Majesties Hand though not past in Exchequer And whereas by a pretended Act of the foresaid pretended Parliament entituled Act abolishing the Patronages of Kirks all Patronages and Presentations of Kirks whether belonging to the King or any Laick Patron Presbyteries or others were discharged and all Acts Gifts and Rights granted thereanent Rescinded And yet neverthelesse it was thereby declared That the taking away of the Patronages should not prejudge the Patrons Rights to the Teinds nor weaken his Infeftment wherein the same is contained And that the Teithes of the Kirks whereof the Presentations were abolished should belong hereritably to the Patrons and be inserted in their Rights and Infeftments in place of their Patronage with power to the Patrone to dispone upon the saids Teinds in manner and with the exception contained in the said Act. And notwithstanding that the foresaid Act and whole Parliament be declared null yet nevertheless His Majesty with advice foresaid doth by these presents Declare That it shall be lawfull to Laick Patrons or Heretors to agree with the beneficed persons for Tacks or Rights of Teinds belonging to the said beneficed person according to the Laws of the Kingdom with this provision that the saids Tacks shall be no wayes prejudicial to the Stipend and Maintenance of the Ministers and persons to be presented according as the same hath been already modified or shall be modified in time coming and that notwithstanding of any Acts or Statutes made in the contrair All which Acts His Majesty with consent foresaid by these presents Discharges And in like manner His Majesty with advice foresaid Declares That as to such persons who are presently in possession of Kirks pertaining to the saids Laick Patronages the saids persons and Ministers shall during their service claime no right nor possession to the Teinds of their saids Kirks and Parochins other then they had formerly before the making of this Act they having alwayes a sufficient maintenance allowed and granted to them according to the Laws of the Kingdom X. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646. and 1647. THe Estates of Parliament considering the many sad and dangerous consequences that do accompany the neglect and contempt of lawfull Authority and that among the other Judgements wherewith it pleaseth Almighty GOD to visit such who resist the Powers and oppose the Commands of those intrusted by Him as His Vicegerents for the Government of His People they are ofttimes left to their own counsels to do that which highly provokes GOD to wrath renders themselves justly odious to the world and hatefull to their posterity Whereof there is too doolfull an experiment in an Act of the printed Records of Parliament of the sixteenth of January one thousand six hundred and fourty seven entituled Declaration of the Kingdom of Scotland concerning the Kings Majesties Person Which being now taken into consideration The Estates of Parliament do find and Declare That it was carried on and concluded by a prevalent party against the judgement of many of His Majesties Loyal Subjects And that it is a most sinfull disloyal and unworthy Act contrary to the will and commandment of GOD contary to all Laws Divine and Humane contary to the Duty and Alleagiance of Subjects contrary to all the rules of Justice Honour Gratitude and Humanity and highly reflecting on the honour of this ancient Kingdom and the reputation of His Majesties good Subjects therein And therefore the Kings Majesty with advice and consent of His Estates of Parliament doth hereby Annull and Condemn the same for ever And Ordains it to be expunged out of all Records and never to be remembred again but with due abhorrence and detestation And the Estates of Parliament conceiving themselves obliged in conscience to make the truth of this business and the manner of the carrying of it known to the World for the just vindication of this Kingdom and His Majesties dutifull and loyal Subjects
Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs
Gifts Signators of whatsoever nature and quality they be of past and exped the Privy great and quarter Seals respective or past according to pretended Orders for the time when there were no Seals to be of full force and effect Providing alwayes that where any Signators were past in Exchequer under the Usurpers and the Composition paid and yet not past the Seals the same shall be presented and past in Exchequer de novo if there be reason therefore without any Composition and where Resignations only have been made upon Procuratories in the Usurpers time Signators may without new resignation passe thereupon It is also provided that this Act be no wayes extended to new Gifts of Lands Teinds and others past to the prejudice of His Majesty nor to Gifts of Bastardie or ultimus Haeres unless the same be of new ratified and approven by His Majesties Treasurer and Commissioners of Exchequer nor to any other Gifts Confirmations Charters upon Resignation where the saids Gifts Confirmations and Charters were made and granted in prejudice of any person or persons who had former Rights granted unto them by His Majesty or His Royal Father of blessed memory under their Seals or past their Royal Hands And generally providing that all and whatsoever Gifts Grants Commissions Charters and other Writs whatsoever past in Exchequer and through the Seals in the Usurpers time and all and whatsoever Acts and Sentences pronounced and given forth by them shall and may be called in question at the instance of any of the people who may pretend to have been unjustly wronged and prejudged thereby And that upon complaints to be given in to His Majesties Treasurer and Commissioners of Exchequer wherein they shall have power to determin as they shall think just and reasonable XIII Act and offer of Fourty thousand pounds Sterling to be paid to the Kings Majesty yearly during His lifetime by this Kingdom THe Estates of Parliament taking to their consideration the great happinesse this Kingdom hath in former time injoyed under the Government of His Majesties Royal Ancestors with the miseries and bondage which by the neglect and contempt of the Authority and commands of His Royal Father of blessed memory it hath groaned under during these twenty three years troubles And that the Kings Majesty hath been graciously pleased notwithstanding of all the provocations given to Himself and His Royal Father to evidence His affection and favour to this His ancient Kingdom comforting and reviving it by the Rayes of His Royal Government and Authority under the protection of which the just Liberties Freedom and Interest of this Kingdom and the Subjects thereof are and can only be secured Do with all humble duty thankfulnesse and sincerity acknowledge His Majesties unparallel'd Grace and Goodnesse And that as their happinesse doth depend upon the Safety of His Majesties person and the establishment and exercise of His Royal Authority and Greatnesse So this Kingdom will be ready at all occasions to offer their Lives and Fortunes against all deadly in every cause wherein His Majesties Person Authority Prerogative or Government may be concerned And seing for the due establishment of His Majesties Authority and setling and securing the peace of this Kingdom His Majesty may have occasion for some time to raise and keep some Forces within the Kingdom and that the late troubles will at present necessitate a greater expence for support of the Royal Government then formerly and that His Majesty hath signified His resolution not to raise any more Sess Therefore and from the due sense of their duty and obligations the Estates of Parliament Do in name of this Kingdom make humble and chearfull offer to His Majesty of a yearly Annuity of Fourty thousand pounds Sterling during all the dayes of His Majesties lifetime which they pray may be long and prosperous that this Kingdom may have further occasion to let the world know they do above all things hate the very thoughts of disloyalty and that no people under Heaven can express more duty and obedience to the Authority and Commands of their Soveraign then they are and will be ready to do XIV Act for raising the Annuity of Fourty thousand pounds Sterling granted to His MAjESTY THe Estates of Parliament in pursuance of their Act of the date the twenty two day of this instant whereby they have made offer to His Majesty of the sum of Fourty thousand pounds Sterling yearly during all the dayes of His Majesties lifetime towards the entertainment of any such Forces as His Majesty shall think fit to raise and keep up within this Kingdom or otherwayes towards the defraying of the necessary charge of His Government according to His Royal pleasure Appoints and Ordains the said sum of Fourty thousand pounds Sterling being Four hundred fourscore thousand pounds Scots money to be raised levied collected and paid in manner under-written viz. Ninety six thousand pounds Scots thereof to be raised yearly off the Inland Salt and Forreign Commodities aftermentioned To wit threescore twelve pounds Scots upon ilk Tun of Spanish Wine Renish Wine Cannary Malvesie and all other Wines of the like kind fourty eight pounds money foresaid upon ilk Tun of French Wine and twelve pennies money foresaid upon ilk pint of Vineger six pounds upon ilk Barrel of imported Soap fourty shillings upon ilk Boll of Forreign Beysalt and Salt upon Salt Linlithgow Measure twenty shillings upon ilk Boll of imported White-salt and fifteen shillings upon ilk Boll of Inland Salt measure foresaid But prejudice nevertheless to the present Tacks-men of the Forreign and Inland Salt during the time set to them by the Commissioners of Excise to exact the Rates therein mentioned twelve pennies money foresaid upon ilk pound of Tobacco imported by the Natives of this Kingdom from the Tobacco Plantations and three shillings upon ilk pound imported thence by Forreigners Item three shillings upon each pound of Tobacco imported by the Natives of this Kingdom from any other place then the foresaids Plantations and six shillings upon ilk pound imported by Forreigners twelve shillings upon ilk Ell of Cloath imported into this Kingdom above six pounds the Ell and six shillings upon ilk Ell of imported Cloath at or below six pounds the Ell six shillings the Ell upon all sort of imported Searges three shillings upon ilk Ell of Castilians or other imported worstead Stuffs whatsoever three shillings upon ilk Ell of all sorts of imported hair Stuffs whatsoever three pounds twelve shillings upon the Piece of ilk Baver-hat one pound six shillings upon ilk Demy-baver and Vigon and twelve shillings upon the Piece of all other sorts of Hats imported into this Kingdom one pound sixteen shillings upon the dozen of all imported worstead Stockins twelve shillings upon the pair of double Stag-gloves six shillings upon the pair of single Stags and Cordivans three shillings upon ilk pair of Kids Sheep and Lamb Leather and all other sort of Gloves one pound sixteen
who is to administer an Oath De fideli administratione to the remanent Commissioners at their first meeting and take the same himself and to appoint their own Collectors and other Officers except the Clerk who is to be named by the Clerk of Register and to modifie necessar Fees for the saids Collectors Clerks and other Officers and to sub-divide themselves for the more speedy and equal ordering of the said Excise With power also to them to establish Offices of Excise at which Offices the whole Brewers are hereby required to make their Entries at least once every moneth of their weekly brewing and by Miller Maltman Oath of party Witnesses or any other lawfull manner of way to disprove the Entries given in and to impose Fines upon the persons whose Entries shall be so disproven not exceeding the double of the value of the Malt conceal'd and to discern and determine in all cases and debates relating to the said Excise within their respective divisions and for that effect to use all lawfull manner of probation as said is And ordains generall Letters to be direct gratis upon the saids Commissioners their Decreets at the instance of the respective Collectors or otherwayes with power to the saids Commissioners to poynd and distreinÈie upon their own Decreets quarter upon the Deficients or imprison their persons till payment be made of the sums due by them as well principal as expences and which expences the saids Commissioners are hereby impowred to modifie And it is hereby Declared That there shall be no necessity to apprize the Goods of the Deficients at the Mercat Cross but that it shall be lawfull to apprize the same at the nearest Paroch Church And sicklike it is hereby Statute and Ordained That the Commissioners of the respective Shires and Burghs shall be and are oblieged to pay in their respective proportions of the said Shires and Burghs to such as are or shall be appointed by His Majesty to receive the same at four terms in the year viz. Whitsunday Lambmesse Mertimesse and Candlemesse by equall proportions beginning the first terms payment at Lambmess next for the three moneths of May June and July immediatly preceeding the same And which Commissioners are by these presents impowered to put in execution the whole forementioned Orders and Instructions for raising and inbringing of the said Excise for their relief As also the Kings Majesty with advice and consent of His Estates of Parliament gives power to the Lords of His Majesties Privy Council to nominate and appoint Commissioners of Excise in the respective Shires and Burghs upon the death or inability of any of the Commissioners above-named XV. Act Rescinding and Annulling the pretended Parliaments in the year 1640 1641 c. THe Estates of Parliament considering that the Peace and Happiness of this Kingdom and of His Majesties good Subjects therein doth depend upon the Safety of His Majesties Person and the Maintenance of His Royal Authority Power and Greatness And that all the miseries confusions and disorders which this Kingdom hath groaned under these twenty three years have issued from and been the necessary and natural products of these neglects contempts and invasions which in and from the beginning of these troubles were upon the specious but false pretexts of Reformation the common cloak of all Rebellions offered unto the Sacred Person and Royal Authority of the Kings Majesty and His Royal Father of blessed memory And notwithstanding that by the sacred Right inherent to the Imperial Crown which His Majesty holds immediately from GOD Almighty alone and by the ancient constitution and fundamental Laws of the Kingdom the power of convocating and keeping Assemblies of the Subjects the power of Calling Holding Proroguing and Dissolving of Parliaments and making of Laws the power of entering into Bonds Covenants Leagues and Treaties the power of raising Armes keeping of Strengths and Forts are Essential parts and Inseparable priviledges of the Royal Authority and Prerogative of the Kings of this Kingdom Yet such hath been the madness and delusion of these times that even Religion it self which holds the Right of Kings to be Sacred and Inviolable hath been pretended unto for warrand of all these injurious Violations and Incroachments so publickly done and owned upon and against His Majesties just Power Authority and Government By making and keeping of unlawfull Meetings and Convocations of the people By entering into Covenants Treaties and Leagues By seizing upon and possessing themselves of His Majesties Castles Forts and Strengths of the Kingdom and by Holding of pretended Parliaments making of Laws and raising of Armes for the maintaining of the same And that not only without warrand but contrary to His Majesties express Commands And although the late Kings Majesty out of His meer grace and respects to this His native Kingdom and the peace and quiet of His people and for preventing the consequences which such a bad example and practice might occasion to the disturbance of the peace of His other Kingdoms was pleased in the year one thousand six hundred and fourty one to come into this Country and by His own presence at their pretended Parliaments and otherwayes to comply with and give way to many things neerly concerning the undoubted Interest and Prerogative of the Crown expecting that such unparallel'd Condiscentions should have made His Subjects ashamed of their former miscariages and the very thoughts thereof to be hatefull to them and their posterity for ever Yet such was the prevalency of the spirit of Rebellion that raged in many for the time that not content of that peace and happiness which even above their desires was secured to them nor of those many Grants of honour and profit by which His Majesty endeavoured to endear the most desperate of them to their duty and obedience they then when His Majesty had not left unto them any pretence or shadow of any new desire to be proposed either concerning themselves or the Kingdom did most unworthily engage to subvert His Majesties Government and the publick peace of the Kingdom of England For which purpose having joyned in a League with some there they for the better prosecution of the same did assume unto themselves the Royal Power kept and held Parliaments at their pleasure by the pretended Authority of which they laid new exactions upon the people which in one moneth did far exceed what ever by the Kings Authority had been raised in a whole year levied Armes sent out Edicts requiring obedience unto their unlawfull demands and with all manner of violence pursued such as out of duty to His Majesties Authority opposed them by fines confinements imprisonment banishment death and forfeiture of their posterity and with their Army thus raised invaded His Majesties Kingdom of England and joyned with such as were in Armes against His Majesty there And thus maintaining their usurped power and violently executing the same against all Law Conscience Honour and Humanity have made themselves instruments of much
their deservings that others may hear and fear and not do the like XXI Act against the crime of Blasphemy OUr Soveraign Lord and the Estates of Parliament considering that hither to there hath been no Law in this Kingdom against the horrible crime of Blasphemy Therefore His Majesty with advice of His saids Estates Doth hereby Statute and Ordaâ—n That whosoever hereafter not being distracted in his wits shall rail upon or curse GOD or any of the Persons of the blessed Trinity shall be processed before thâ— chief Justice and being found guilty shall be punished with Death Likeas His Majesty with advice foresaid Findes Statutes and Ordains That whosoever hereafter shall deny GOD or any of the Persons of the blessed Trinity and obstinately continue therein shall be processed and being found guilty that they be punished with Death As also His Majesty with advice and consent foresaid Declares That all persons who have committed the foresaid Crimes since the seventeenth of February one thousand six hundred and fourty nine shall be proceeded against according to this Act and Ratifies all by-gone Decreets and judicial Proceedings against any person committer of the said Crimes since the foresaid date which have been pronounced and done against the saids Committers according to this present Act. And Declares That the pronouncers and executors of the saids Sentences shall never be questioned therefore in any manner of way but are and shall be hereby secured no less then if this Act had been of the foresaid date XXII ACT concerning the several degrees of Casual Homicide OUr Soveraign Lord with advice and consent of the Estates of this present Parliament for removing of all question and doubt that may arise hereafter in Criminal pursutes for Slaughter Statutes and Ordains That the cases of Homicide after-following viz. Casual Homicide Homicide in lawfull defence and Homicide committed upon Theeves and Robbers breaking houses in the night or in case of Homicide the time of masterfull Depredation or in the pursute of denounced or declared Rebels for capital Crimes or of such who assist and defend the Rebels and masterfull Depredators by Armes and by force oppose the pursute and apprehending of them which shall happen to fall out in time coming nor any of them shall not be punished by death And that notwithstanding of any Laws or Acts of Parliament or any Practick made heretofore or observed in punishing of Slaughter but that the Manslayer in any of the cases aforesaid be assoillied from any Criminal pursute pursued against him for his life for the said Slaughter before any Judge Criminal within this Kingdom Providing alwayes that in the case of Homicide casual and of Homicide in defence notwithstanding that the slayer is by this Act free from Capital punishment Yet it shall be leisum to the Criminal Judge with the advice of the Council to fine him in his means to the use of the defuncts wife and bairnes or nearest of kin or to imprison him And His Majesty with advice foresaid Declares That all decision given conform to this Act since the thirteenth of February one thousand six hundred and fourty nine years shall be as sufficient to secure all parties interessed as if this present Act had been of that date And that all cases to be decided by any Judges of this Kingdom in relation to casual Homicide or Homicide in defence committed at any time heretofore shall be decided as is above expressed XXIII Act Ratifying the Priviledges of the Colledge of Justice OUr Soveraign Lord considering that nothing is more necessary and of more universal concernment then the Administration of Justice and in order thereto that the Judges Advocats Clerks and other Members of the Supream Judicatory should be faithfull able and qualified persons and for their encouragement to serve the Countrey in their respective stations and places and to undergo the great toil trouble and expence of time and otherwayes for inabling them for and during their service therein It hath been the wisedom and practice of all Princes and Nations and in special of His Majesties Royal Progenitors to grant to them diverse Liberties and Priviledges as is evident by many Acts of Parliament and Statutes concerning the Priviledges and Immunities of the Colledge of Justice and members thereof Granted Renewed and Ratified from time to time Therefore His Majesty with advice and consent of His Estates of Parliament Ratifies and Approves all and whatsoever Liberties Priviledges and Immunities given and granted by His Majesties Royal Predecessors to and in favour of the said Colledge of Justice and of the Senators Advocats Clerks Writers to the Signet and remanent Members of the same or whereof they have been in use and possession in any time by-gone together with all Laws Acts of Parliament Statutes and Constitutions made and conceived in their favours Holding and Declaring this present Ratification to be as sufficient as if all the foresaids Priviledges Freedoms and Immunities Acts Statutes and Grants of and concerning the same were in special and at length exprest herein And His Majesty with advice and consent foresaid Ordains and Declares That the whole Priviledges Liberties and Immunities foresaid granted and belonging to the ordinary Lords and Senators of the Colledge of Justice shall be extended belong and appertain to and enjoyed by the Advocats Clerks Writers to the Signer and remanent Members of the said Colledge of Justice in all time coming notwithstanding of whatsoever Act Custome or Practice to the contrare XXIV Act concerning Appear and Heirs their payment of their Predecessors and their own Debts OUr Soveraign Lord with advice and consent of the Estates of Parliament taking into consideration that Appearand Heirs immediately after their Predecessors death do frequently dispone their Estate in whole or in part in prejudice of their Predecessors lawfull Creditors before their death come to their knowledge or before they can do lawfull diligence against the saids Appearand Heirs and which Dispositions the saids Appearand Heirs do often make before they be served Heirs and Infeft Or otherwayes by collusion they suffer their Predecessors Estates to be comprised or adjudged from them for payment of their own proper Debts real or simulate without respect to their Predecessors Creditors And His Majesty considering how just it is that every mans own Estate should be first liable to his own Debt before the Debts contracted by the Appearand Heirs Therefore His Majesty with consent foresaid Declares That the Creditors of the defunct shall be preferred to the Creditors of the Appearand Heir in time coming as to the defuncts estate Providing alwayes that the defuncts Creditors do diligence against the Appearand Heir and the real Estate belonging to the defunct within the space of three years after the defuncts death And because it were most unreasonable that the Appearand Heir when he is served and retoured Heir and infeft respective should for the full space of three years be bound up from making Rights and Alienations of his
consent foresaid Ratifies and Approves in all the Heads Clauses and Articles thereof under the pain of five pounds to be paid by the Couper for each insufficient Barrel and escheat of the said Barrel and that the same be well pinned in the pickle before the packing and thereafter the said Barrels to be well tighted and double-girthed before the transporting thereof to Forraign Natitions And that no Barrel be sooner made and blown but the Coupers Birn be set thereon on the tapone-staff thereof in testimony of the sufficiency of the Tree and that every Couper be answerable and liable in paiment of such losse as happen to be laid on the Fish at the Mercat if it be found to be in the default of the Couper by the insufficiency of the Tree or packing or any other means in the Coupers default and that they keep right gage both in the length of the staves the bilge-girth the widenesse of the head and deepness of the chine the Barrel being made marked and thrice gene in the packing shall be marked with the Marking-iron under a very particular Merchant mark as use is And that no Burgh or any other trading with Salmond shall presume to counterfeit the Mark or Birn of an other trade under the pain of confiscation of the Salmond by and attour the punishment of the Parties counterfeiters at the pleasure of the Judge ordinar the one half of the said pain to pertain to His Majesty and the other half to the Burgh so wronged and ordains the the Magistrates within Burgh to put this Act to execution XXXIV Act against Clandestine and unlawfull Marriages OUr Soveraign Lord and the Estates of this present Parliament considering how necessary it is that no Marriage be celebrate but according to the lawdable order and constitution of this Kirk and by such persons as are by the Authority of this Kirk warranted to celebrate the same And that notwithstanding hereof sundry either out of disaffection to the Religion presently professed in this Kingdom or being desirous to eschew the Censures of this Kirk or to satisfie their promise of Marriage formerly made to others or to decline the concurrence and consent of their Parents or others having interest or out of some other unlawfull pretext do procure themselves to be Married and are Married either in a Clandestine way contrary to the established order of the Kirk or by Jesuits Priests Deposed or Suspended Ministers or any other not authorized by this Kirk Therefore His Majesty with advice of His saids Estates Statutes and Ordains That whatsoever person or persons shall hereafter Marry or procure themselves to be Married in a Clandestine and inorderly way or by Jesuits Priests or any other not authorized by this Kirk that they shall be imprisoned for three moneths and beside their said imprisonment shall pay Each Nobleman one thousand pounds Scots each Barron and landed Gentleman one thousand merks each Gentleman and Burgess five hundred pounds each other person one hundred merks and that they shall remain in prison ay and while they make payment of these respective penalties above-mentioned which are hereby ordained to be applyed to Pious uses within the several Paroches where the saids persons dwels And that the Celebrator of such Marriages be banished the Kingdom never to return therein under the pain of Death Likeas His Majesty with advice foresaid Prohibites and Discharges all men and women having both their ordinar residence within this Kingdom to get Marriage to themselves with others within the Kingdom of England or Ireland without Proclamation of Banns here in Scotland and against the Order and Constitution of this Church or Kingdom under the pains following viz. For each Nobleman so Married one thousand pounds for each landed Gentleman one thousand merks for each Burgesse five hundred pounds and for each other Substantious person five hundred merks for an Yeoman one hundred pounds for each person of inferior quality one hundred merks the one half of the which penalties shall belong to the Kings Majesty the other to the Paroch or Paroches where the Married parties did reside and Ordains His Majesties Advocat and the Procurator for the Kirk to pursue before the civil Judge the Parties Contraveeners of this Act or either part thereof for payment of the penalties respective above-mentioned and in case of the poor condition of any man Married in manner foresaid Ordains him to be punished with Stocks and Irons which pains corporal and pecunial shall no wayes be prejudicial to or derogat from the Order and Censures of the Kirks to be inflicted against the Delinquents XXXV Act concerning the Election and Charges of the Commissioners from Shires to the Parliament THe Kings Majesty considering That divers debates have formerly occurred concerning the persons who ought and should have vote in the election of Commissioners from the several Shires of this Kingdom to Parliament and who are capable to be Commissioners to Parliaments and that it is necessar for the good of His service that the same be cleared for the future Doth therefore with advice and consent of His Estates of Parliament Statute Enact and Declare That beside all Heritors who hold a fourty shillings Land of the Kings Majesty in capite that also all Heritors Liferenters and Wodsetters holding of the King and others who held their Lands formerly of the Bishops or Abbots and now hold of the King and whose yearly Rent doth amount to ten chalders of victual or one thousand pounds all Few Duties being deducted shall be and are capable to vote in the election of Commissioners of Parliaments and to be elected Commissioners to Parliaments excepting alwayes from this Act all Noblemen and their Vassals And it being just that those who shall be chosen and accordingly shall attend His Majesties and the Kingdoms service in Parliaments have allowance for their charges His Majesty doth therefore with advice foresaid Modifie and Appoint five pounds Scots of daily allowance to every Commissioner from any Shire including the first and last dayes of the Parliament together with eight dayes for their coming and as much for their return from the furthest Shires of Caithness and Sutherland and proportionably at nearer distances and that the whole Free-holders Heritors and Liferenters holding of the King and Prince shall according to the proportion of their Lands and Rents lying within the Shire be lyable and oblieged in the payment of the said allowance excepting Noblemen and their Vassals For payment of which all execution of Horning Poynding and Quartering is to passe as for raising of the Excise and that according as the time and dayes of the Parliament shall be attested under the Clerk of Registers hand And because at this time some Commissioners of Shires have been put to extraordinary expences in providing of Footmantles for the riding of the Parliament It is hereby Statute That the Commissioners shall be relieved of the prices thereof to be given in under their hands and that
coming for such use and intent of the like nature as the saids Justices shall appoint All Magistrates of Burghs and keepers of any Goals or Prisons shall receive into their Prisons all such persons as either shall be brought by Constables or sent unto them by Warrands under the hand of any one Justice of Peace the saids Justices causing satisfie for their entertainment and if any Magistrates or their Jaylors suffer any persons committed by the Justices to their Prisons to escape they shall be condignly punished therefore at the discretion of His Majesties Council Item Our Soveraign Lord with advice foresaid Ordains the saids Commissioners to set a price upon Crafts-mens work and upon the Ordinars of Penny-Bridals together with the price of Shearers Fees and to punish the Contraveeners as appertaineth They shall cause sufficient single and double Ale to be brewed in every Shire and shall appoint Visitors to that effect with consent of the Barron and Over-lord of the ground They shall set down Acts against notorious and common Drunkards and impose sums upon the Contraveeners according to their qualities and deserts Our Soveraign Lord with advice foresaid Declareth That Three Justices of Peace shall be a full number and Session to decide in matters occurring betwixt the four Quarter Sessions Also Declares that no Letters of Caption ought to be granted against the saids Justices for apprehending of Rebels except they be found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charges doth belong And because there is sensible prejudice seen and felt through many parts of the Kingdom by reason of diversity of Measures and Weights used in the same Therefore Our Soveraign Lord with advice foresaid for removing of all abuses which may ensue in any time to come thereby Hath found expedient and by this Decreet and Statute of Parliament Decerns Statutes and Ordains That there shall be but one just Measure and Weight through all the parts of the Kingdom which shall universally serve all His Highnesse Lieges by the which they shall sell and buy and receive and give out in all times to come which Measure His Majesty with advice foresaid finds should be that Measure of Linlithgow which is now commonly used and which hath been used most customably through the greatest parts of this Kingdom these many years by-past And for setling a perfit Order whereby all the Measures that are now used may be reduced to the conformity of the saids Measures now authorized and for making of proportion answerable betwixt the lesser Measure and Weights and the greatest His Majesty with advice foresaid hath granted full power and Commission to Alexander Frazer of Phillorth Sir Gilbert Ramsay of Balmayn William Scot of Ardross John Murray of Touchadam Sir Robert Hepburn of Keith James Creightoun of Saint Leonards Sir Andrew Ramsay Sir Robert Murray Sir Alexander Wedderburn John Bell William Cunningham Andrew Glen Sir William Thomson Whom or any seven of them His Majesty with advice foresaid Ordains to meet and conveen together at such time and place as they shall think expedient and to consult and advise together and to appoint and determine upon the most convenient means how the said Measures and Weights may be reduced to the conformity foresaid and after they have ripely advised therewith and given forth their determination thereanent they shall deliver the same and whole course of their proccedings in the said matter to the Commissioners and Justices of Peace and to the Deans of Gild of the Head Burghs of the Shires who shall be holden carefully to do their diligence to see the Measure foresaid now appointed to have course through all parts as well Burgh as Landwart And that there may be one constant conformity in Head Burgh and Land Our Soveraign Lord with advice and consent foresaid Ordains that the saids Justices of Peace in Landwart take tryal of the Measures and Weights used in Burgh and to take a Note from the Magistrates and Deans of Gild of every Town of the Weights and Measures and of the number thereof which the saids Magistrates and Deans of Gild in Burgh shall be holden to shew declare and give up to them to the effect the saids Justices to Landwart may confer the same with the Standard now authorized and where they find any disconformity in the same from the said Standard the saids Justices shall inform the Kings Majesties Council thereof that they may take order therewith as appertaineth For it is expresly provided by these presents that the saids Magistrates in Burgh shall not be permitted to have or use moe Measures within Towns then the number to be professed by them and given up in Writ to the saids Justices to Landwart as said is this alwayes being respected That if the saids Magistrates within Burgh find any necessity for having any moe Measures then was given up and used by them before it shall be licenced to them to make moe Measures they being answerable and conform to the Standard and making the saids Justices to Landwart foreseen and acquaint therewith and declaring the number of the Measures whereof they find the necessity of use The saids Justices shall be holden to give command and direction to their Constables to apprehend any such person who shall be found contemptuously to have disobeyed the Censures of the Church they being lawfully required to do the same The saids Justices of Peace as well to Burgh as Land shall conveen and be present at the Quarter Sessions of the Shire where the Burgh and Land lyeth give their Oath to the Bench at their admission make their Record and make paiment of the Fines intrometted with by them as Justices of Peace of that Shire to their Collector They shall appoint a sufficient Collector for uplifting the Fines and Penalties which they have power to impose upon an Offender and are to take Caution of him for making due accompt They shall have during the time of Sessions for every day of their abode so it do not exceed the number of three dayes at the most at one time allowed to every one of them fourty shillings Scots money daily to be paid and uplifted by the Collector of the Fines but neither Earl Lord Bishop Privy Councellor or Sessioner shall have any allowance and all such Justices as have the benefit of that allowance and shall be absent from every ordinary Quarter Sessions or otherwayes when he is required lawfully by the Custos Rotulorum to any particular Meeting shall incur the penalty of fourty pounds Scots money not being lawfully excused and the excuse allowed by the rest of the Justices there assembled The Lords of Session shall direct general and summar Charges of Horning and Poynding at the instance of the Collector appointed in every Countrey for ingathering all Fines and Penalties whatsoever incurred upon a simple Charge of fifteen dayes and no Suspension shall be
the same before the Lords of His Majesties Exchequer And further it is Statute and Ordained by His Majesty with advice and consent foresaid that all Goods or Commodities whatsoever produced or shipped as is above exprest which from and after the said day and thenceforward shall be Imported into this Kingdom or any Islands thereto belonging in any Ships or Vessels that shall not truly and only belong to the Natives and Inhabitants thereof except in English or Irish Vessels Providing alwayes that Scots Vessels injoy the like benefit of Trade within the Kingdoms and Dominions of England and Ireland and no otherwayes shall be lyable to double Custom and pay accordingly whether the saids Goods pertain to Natives or Aliens And further it is Statute and Ordained that from and after the said day and thence forward all Goods and Commodities whatsoever belonging to Aliens Exported or Imported in whatsoever Ships or Vessels whether Forraign or Scotish shall be lyable to double Custom and pay accordingly And it is further Statute and Ordained that from and after the said day and thence forward all Goods or Commodities whatsoever Exported in any other Ships or Vessels then such as do truly and only belong to the Natives and Inhabitants of this Kingdom shall be lyable to double Custom and pay accordingly whether the saids Goods appertain to Natives or Aliens And it is further Enacted and Ordained by His Majesty with advice and consent foresaid that at and after the said day and thence forward all Ships and Vessels belonging to this Kingdom shall be Navigated only by Scots-men dwelling in Scotland at least the Master and three fourth parts of the same being such under the pain of being esteemed Forraign Vessels and paying double Custom for all the Goods and Commodities Imported or Exported within the same And for preventing of all fraud which may be used in the buying of Forraign Ships It is Statute and Ordained by His Majesty with consent foresaid that from and after the said day no Ship whatsoever shall be deemed or passe as a Ship belonging to Scotland or injoy the benefit of such a Ship or Vessel untill such time that he or thy claiming the same to be theirs shall make appear to the chief Officer or Officers of the Customs at Lieth he or they residing in any place betwixt Berwick and Stirling on the South-side of Forth and to the chief Officer or Officers at Burntisland he or they residing in any place betwixt Stirling and Fife-ness upon the North-side of Forth and in case of their abode in more remote places to the Officer or Officers of the Port next to the place of his or their abode that they or he are not Strangers and shall have taken an Oath before such Officer or Officers who are hereby authorized to administer the same that such Ship or Vessel was bona fide and without fraud bought by him or them for a valuable consideration expressing the Sum Time Place and Persons from whom it was bought and who are his Partners if he any have All which Partners shall be lyable to take the said Oath before the chief Officer or Officers of the Customs rospective as said is and that no Forraigner directly nor indirectly hath any part interest or share therein and that upon such Oaths he or they shall receive a Certificat under the Hand or Seal of the said chief Officer or Officers of the Port next the abode of the persons so making Oath whereby such a Ship may for the future passe and be deemed as a Ship belonging to the said Port and injoy the priviledge of such a Ship or Vessel and the said Officer or Officers shall keep a Register of all such Certificats as he or they shall so give and return a Duplicat thereof to the chief Officers of the Customs at Lieth for such as shall be granted in all the other Ports of this Kingdom together with the names of the person or persons from whom such Ships were bought and the sum of money which was paid for the same as also the names of all such persons as are Partners if any such be And it is further Enacted by His Majesty with consent foresaid that if any Officer of the Customs shall from and after the said day allow to any Forraign Ship or Vessel the priviledges due to a Scots Ship till such Certificat be by them produced or such Proof and Oath taken before them or such as they shall appoint to receive the same and to examine whether the Master and three fourth parts of the Mariners at least be Natives and Inhabitants within this Kingdom that for the first offence such Officer or Officers shall be put out of their Offices or Places And it is further Statute and Ordained that no Merchants belonging to this Kingdom shall imploy any Alien or person not born within this Nation or naturalized or made a free Denizen thereof from and after the said day as Factor in any place beyond Seas for the use and account of the Merchants of this Kingdom under pain of a pecuniary Mulct to be paid by him or them that shall imploy him which sum shall be imposed at the discretion of the Council of Trade the one half thereof to His Majesty and Successors and the other half to him or them that shall inform and pursue for the same It is alwayes hereby provided that this Act nor any Clause therein contained extend not to or be meaned to restrain or prohibit the Importation of any of the Commodities of Asia Africa or America as also of the Commodities of Musco and Italy from such Ports and Places and in such Ships and Vessels as may be gotten most conveniently untill such time as the Merchants of this Kingdom have actual Trade to these respective places and that the same be prohibited by Act of Parliament Privy Council or Council of Trade It is hereby Declared That it shall be lawfull to import any sort of Corns in time of dearth from any place or places in any Ship or Vessel whatsoever without being lyable to Confiscation double Custom or any other Penalty contained in this present Act the dearth and necessity of Import being alwayes cognosced and declared by a publick Act of the Privy Council or Council of Trade XLV ACT discharing the Exportation of Skins Hides c. THe Kings Majesty considering how necessar it is that all former Laws for improving of Native Commodities be Revived and understanding that the Deacons and remanent Trades-men of the Skinners have upon their own charges brought from Forraign places Perfumers Makers and Preparers of Leather by whose pains and Art the Kingdom may be furnished with Gloves at easier Rates and be able to furnish other Nations abroad with Made-work Doth therefore with advice and consent of the Estates of Parliament Ratifie and Approve the hundred seventy eight Act of the thirteenth Parliament of King James the sixth of blessed memory discharging the Exportation of Skins
delivered to any whom the Senators of the Colledge of Justice shall appoint to receive the same and whose discharge upon the receipt thereof in whole or in part shall accordingly be a sufficient exoneration to the Shires and Burghs and all others whom it effeirs And the saids moneths of November and May respective being past Ordains Letters of Horning and Poynding and all other Execution necessar tobe directed at his or their instances against the Shires or Burghs of the Kingdom and their Collectors And twenty dayes being expired after either of the saids moneths respective Ordains Quartering to be upon deficient Shires and Burghs and that all who command the Forces within the Kingdom give orders and be assisting hereunto accordingly LI. Act concerning Arrestments OUr Soveraign Lord considering the great charges that Creditors are put to by Comprising of Sums owing to their Debitors by vertue of Heritable Bonds Contracts and other Writs bearing paiment of Annualrents which in respect of the Obliegment for Annualrent were not in former times Arrestable Therefore the Kings Majesty with advice and consent of His Estates of Parliament Finds and Declares that all Sums of money which are addebted by Bonds Contracts and other personal Obliegments whereupon no Infeftments have followed are and shall be Arrestable at the instance of any Creditor not-withstanding that the Bonds Contracts and other Obliegements bear paiment of Annualrents And the Kings Majesty with advice and consent foresaid Declares that this shall no wayes change the nature of the saids Sums nor prejudge the Heir nor any other person their rights to the same as being Heritable which are hereby Declared to remain in their own nature unchanged by this Act pro ut de jure except that only the same are Arrestable And it is hereby expresly provided that all Arrestments and Executions thereof since the twenty ninth day of July one thousand six hundred an fourty four years used conform to the tenor of this Act shall be as valid and sufficient as if this present Act had been of the said date But prejudice alwayes to the Creditors to Comprise the saids Heritable Sums if they shall choose rather to Comprise then to Arrest LII Act concerning the disposal of Vacant Stipends FOrasmuch as by divers Acts it is found that Stipends and Benefices of Vacant Kirks or which thereafter should vaik by Decease Deposition Suspension Transportation of Ministers Dis-union of Kirks or any other way should during the vacancy thereof be imployed on pious uses and the Kings Majesty considering that during these troubles many Learned and Religious persons in the Ministry and Universities for their expressions of duty and loyalty to His Majesty or not concurring in the confusions of the time have been Deposed or Suspended from their Charge and Ministry and have been otherwayes put under great sufferings and they and their Families redacted to extream misery and want And conceiving it to be an Act of great Piety and Justice to have regard to the sufferings of those honest and faithfull Ministers and others and in some measure to provide for them and repair their losses Therefore His Majesty with advice of His Estates of Parliament Ordains all Stipends or Benefices of Kirks that are vacant and not already disposed of or which shall vaik by Decease Deposition Suspension Transportation or any otherwayes to be imployed for the supply and maintenance and towards the reparation of the sufferings and losses of the persons aforesaids and of the Wives and Bairnes of such of them as are dead and that in such manner and wayes as after tryal of their merits and sufferings and the causes and grounds thereof shall be thought fit by the Lords of His Majesties Privy-Council to whom His Majesty with advice and consent foresaid commits the care of this business And doth hereby impower and require them to use all diligence that the Favour and Justice hereby intended by His Majesty to these suffering Persons and their Families may be made effectual and that notwithstanding of any thing contained in any of the saids Acts to the contrair It is alwayes provided that this Act is without prejudice of any Benefit which by the Law and Custom of this Kingdom falls to the Relict Bairns or Executors of a Minister after his decease and that this Act is to endure for the space of seven years and longer as His Majesty shall think fit LIII Act ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property c. OUr Soveraign Lord with advice and consent of the Estates of this present Parliament Ratifies and Approves and for His Highnesse and His Successors perpetually Confirmes the tenth Act of the first Parliament of His Majesties Royal Father of blessed memory King Charles the first holden at Edinburgh in Anno one thousand six hundred and thirty three Intituled An Act anent the Annexation of His Majesties Property in the whole Heads and Clauses thereof especially that Clause of the same whereby His Majesty and the Estates of Parliament then conveened did Declare the right and title of Superiority of all and sundry Lands Barronies Milnes Woods Fishings Towers Fortalices Mannor-places and pertinents thereof pertaining to whatsoever Abbacies Priories Prioresses Preceptories and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of Erected in temporal Lordships Barronies or Livings before or after the general Act of Annexation of Kirk-lands made in the month of July one thousand five hundred eighty and seven together with the whole Few-mails Few-fermes and other Rents and Duties of the saids Superiorities to be annexed and to remain with the Crown for ever upon the reservation of the Lords and Titulars of Erection therein specified Likeas thereby His Majesty and Estates foresaid Found and Declared that all Titulars of Erection without exception should hold their property and proper Lands of the Kings Majesty and His Successors in Few-ferm for paiment of the Few-ferm-duties contained in the Infeftments granted to them before the said Act of Annexation and no otherwayes And that all Rights and Deeds made and granted to whatsoever person or persons preceeding the date of the foresaid Act which might prejudge His Majesty and His Successors in the peaceable injoying of the said Superiorities and Few-ferm-duties should be null and of no avail by way of action exception or reply And further His Majesty with advice and consent foresaids of new Declares the foresaid Superiorities of all and whatsoever Kirk-lands Milnes Woods Fishings and whole pertinents of the same pertaining of before to whatsoever Chapters Priors Prioresses Preceptors and whatsoever other Benefices of whatsoever other Estates Degree Title or Designation they be of whereof the Presentation belonged to His Majesty and His Highnesse Predecessors erected in temporal Lordships Barronies and Livings to pertain to His Majesty and His Highnesse Crown therewith to remain in all time coming And also Declares all and whatsoever Grants Rights or Infeftments of
all the free Profits and Rents which he shall have or uplift out of the saids Lands shall be restricted to six per cent yearly of free money and the Wodsetter shall be countable to the Debitor or others having right from him for the superplus and that without prejudice of the Wodsetters real Right and Infeftment ay and while the Lands be redeemed and the principall Sum whereupon the same is redeemable shall be satisfied It is alwayes provided that where any Creditor hath had losse by his possession of the Wodset-lands and others since the date of his Wodset So that he hath not received as much free Rent as communibus annis hath extended to the Annualrent allowed by Law for the time all charges and burdens being deduced in that case it is provided that the Wodsetter shall be first satisfied of what he wants before he quit his possession of the said Wodset-lands or be holden to accept Security for his Annualrents And it is Declared that in the account of the Wodsetter's by-gone losse there shall be allowed what he hath disbursed upon reparation and building of Tennents houses Milnes and for the advantage of the ground and generally all other expence which the Wodsetter was put to and what losse he sustained in reference to the said Wodset-lands Rights and Securities thereof any manner of way and what he hath lost by Quarterings Cesse waste Land depauperated Tennents or by Tennents who were or are not able to pay unlesse the ground should be casten waste And because the Wodsetters probation of his saids losse may be difficile he not conceiving that there should be necessity for any such count or that there should be any alteration made in the right and possession of his proper Wodset Therefore His Majesty with advice foresaid doth allow the Lords of Session to take such reasonable probation as in equity they shall think fit And if there be any deficiency to take the Wodsetters Oath in supplement and where the Wodsetter is in natural possession of the Wodset-lands by dwelling thereon or labouring the same with his own Plough and Goods or otherwayes having the same plenished with his saids Goods in that case he shall not be holden to remove from his said possession but at the ordinary tearm of removing and that he be lawfully warned fourty dayes before and after sufficient Security shall be made to him in manner above specified before the said warning And His Majesty having granted so much favour benefit and indulgence to Debitors as the like cannot be shown to have been granted at any time in this Kingdom doth Declare Statute and Ordain That the Laws and Practick of the Kingdom concerning Debts and paiment thereof and diligence and execution for the same and concerning proper Wodsets where the Creditor-wodsetter hath the hazard of Fruits Tennents War and others shall be observed inviolably and be of full force vigor and effect in all time coming excepting so far as the same is altered innovat and repealed by this present Act. LXIII Act Salvo jure cujuslibet OUr Soveraign Lord taking to consideration that there be many Acts of Ratification and others past and made in this Session of Parliament in favours of particular persons without calling or hearing of such as may be thereby concerned and prejudged Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in manner foresaid shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the making of the saids particular Acts and Acts of Ratifications and that the Lords of Session and all other judges within this Kingdom shall be oblieged to judge betwixt parties according to their several rights standing in their persons before the making of the saids Acts. All which are hereby exponed and declared to have been made Salvo jure cujuslibet LXIV Act of Adjournment THe Kings Majesty Declares this Parliament current and Adjourns the same to the twelfth day of March next to come Ordaining all Members of Parliament Noblemen Commissioners of Shires and Burghs and all others having interest to attend that day and that there be no new Elections in Shires or Burghs except upon the death of any of the present Commissioners A. Primerose Cls. Reg. A TABLE of the Printed ACTS 1. ACt concerning the President and Oath of Parliament Page 3. 2. Act and Acknowledgment of His Majesties Prerogative in the choice of His Officers of State Counsellors and Judges Page 4. 3. Act asserting His Majesties Royall Prerogative in the calling and dissolving of Parliaments and making of Laws Page 5. 4. Act asserting His Majesties Royall Prerogative in the making of Leagues and the Conventions of the Subjects Page 6. 5. Act asserting His Majesties Royall Prerogative in the Militia and in making Peace and War c. Page 7. 6. Act annulling the pretended Convention of Estates kept in the year 1643. Page 8. 7. Act concerning the League and Covenant and discharging the renewing thereof without His Majesties Warrand and Approbation ibid. 8. Act against Papists Priests and Jesuits Page 9. 9. Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter Page 11. 10. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646 and 1647. Page 15. 11. Act for taking the Oath of Allegiance and asserting the Royall Prerogative Page 17. 12. Act concerning the Judiciall Proceedings in the time of the late Usurpers Page 19. 13. Act and Offer of Fourty thousand pounds Sterling to be paid to the Kings Majesty yearly during His life-time by this Kingdom Page 21 14. Act for raising the Annuity of Fourty thousand pounds Sterling granted to His Majesty Page 22. 15. Act Rescinding and Annulling the pretended Parliaments in the years 1640 1641 c. Page 37. 16. Act concerning Religion and Church-Government Page 40. 17. Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royall Government of His Kingdoms Page 41. 18. Act for the due observation of the Sabbath-day Page 42. 19. Act against Swearing and excessive Drinking Page 43. 20. Act against Cursing and Beating of Parents Page 44. 21. Act against the crime of Blasphemy ibid. 22. Act concerning the severall degrees of casuall Homicide Page 45. 23. Act Ratifying the Priviledges of the Colledge of Justice ibid. 24. Act concerning appearand Heirs their paiment of their Predecessors and their own Debts Page 46. 25. Act for Denouncing of Excommunicate Persons Page 47. 26. Act appointing the Pursuer of the Thief to have the Goods stolen from him restored Page 48. 27. Act for the Pardon of Penall Statutes ibid. 28. Act discharging the Quots of Testaments Page 49 29. Act for Poynding upon Sheriffs and Commissars Decreets ibid. 30. Act anent the Fewers and Vassals of Kirk-lands Page 50. 31. Act concerning the Registration of Comprisings Page 51. 32. Act concerning Heretable and Moveable Bonds Page 52. 33. Act for the right Packing of Salmond ibid. 34. Act against Clandestine and unlawfull Marriages Page 53. 35. Act concerning the Election and Charges of the Commissioners from Shires to the Parliament Page 55. 36. Act anent Presentation of Ministers Page 56. 37. Act concerning the Bullion Page 57. 38. Commission and Instructions to the Justices of Peace and Constables Page 65. 39. Act for the Fishings and erecting of Companies for promoving of the same Page 79 40. Act for Erecting of Manufacturies Page 83. 41. Act for Planting and Inclosing of Ground Page 85. 42. Act establishing Companies and Societies for making Linnen-cloath Stuffs c. Page 87. 43. Act discharging the Exportation of Linnen-yarn and regulating the breadth of Linnen-cloath c. Page 89. 44. Act for incouraging of Shipping and Navigation Page 90. 45. Act discharging the Exportation of Skins Hides c. Page 93. 46. Act discharging the Exportation of Woollen-yarn Worstead broken Copper and Peuter c. Page 94. 47. Act discharging Trades-men to Import Made-work ibid. 48. Act for incouraging of Soap-works Page 95. 49. Act Reducing the Annuals to Six for the Hundred ibid. 50. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session Page 96. 51. Act concerning Arrestments Page 97. 52. Act concerning the disposall of Vacant Stipends ibid. 53. Act Ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property Page 98. 54. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Altarages Page 100. 55. Act anent Cocquets and Entries of Ships Page 102. 56. Act anent Coal-hewers ibid. 57. Act discharging the Custom of two and an half of the hundred and the Impost of four pounds on the Tun. Page 103. 58 Act in favours of those who get their Ward-holding changed by the Kings Majesty Page 104. 59. Act anent the Exchequer Page 105. 60. Act concerning Docqueting of Signaturs Page 106. 61. Commission for Plantation of Kirks and Valuation of Teinds ibid. 62. Act for ordering the paiment of Debts betwixt Creditor and Debitor Page 111. 63. Act Salvo jure cujuslibet Page 118. 64. Act of Adjournment ibid. FINIS