Commission to John Earle of Rothes Lord Lesley c. Charles Earle of Dumfermling Lord Urquhart and Fuby c. John Lord Londoun Sir Patrick Hepburne of Wachtoun Sir William Douglas of Cavers William Drummond of Riccarton John Smith of Edinburgh Mr. Alexander Wedderburne of Dundy and Hugh Kennedy of Air as members of the Estates of Parliament And because many things may occurre concerning the Church and Assemblies thereof Therefore besides these of the Estates we nominate and appoint Mr. Alexander Hendersone and Mr. Archibald Johnstoun whom we adjoyne for that effect With power to them or any seven of them there being alwayes two of every Estate to passe to the said City of London and there or at any other place convenient mutually to be agreed upon to meet and conveen with any who shall be appointed by his Majesty and Estates of Parliament of England for the foresaid Treaty giving granting and committing like as we by these presents give grant and commit to them in manner foresaid full power warrant and commission to treat consult advise determine and agree as well anent the satisfying and granting of our Demands as in obtaining and securing a setled peace for all time comming conforme to the instructions given to them herewith or which shall be sent to them hereafter by us or any one of the said Quorums at the Campe of Edinburgh thereanent With power to them as said is to do everything which may conduce for the better and easier obtaining of our said demands and establishing a setled peace conforme to the said particular instructions in such like manner as we might do if we were all personally present our selves in full number promising to hold firme and stable all and every thing our said Commissioners in manner foresaid shall do in the Premisses conforme to the said instructions And in case it shall be found expedient or necessary to adde any more Commissioners to the foresaid persons these who shall so be sent authorized under our hands or the full number of any of the said Quorums shall have a like power and Commission by vertue of these presents with the fore-named Commissioners in such like manner as if their names were particularly exprest herein In witnesse whereof these presents are subscribed at Newcastle and Edinburgh the last of October and 4. of November 1640. SIC SUBSCRIBITUR Rothes Montrose Cassils Lothian Lyndesay Balmerino Naper Burghly Jo. Cooper Thomas Hope Ricccarton Caprinton Gaitgirth Dundas Edward Edgar Rich. Maxwell James Scot. Gorterfield Hume Hammilton Mr. Will. More Ja. Sword Hew Kennedy Rutherfoord And forasmuch as by vertue of the said Commissions the Commissioners therein authorised have treated and by the assistance and blessing of God have agreed upon the heads and articles following ARTICLES OF THE LARGE TREATY concerning the establishing of the peace betwixt the Kings Majestie and his people of Scotland and betwixt the two Kingdomes agreed upon by the Scottish and English Commissioners at the City of Westminster the seventh day of August 1641. THe SCOTTISH COMMISSIONERS having given in the Declaration following viz. WEE doe still in all Loyalty as becomes humble and duetifull Subjects acknowledge our dependency upon his Majesty as our dread Soveraign whether his Majesty live in Scotland or England and shall alwayes and in all things witnesse our high respects and best affections to the Kingdome and Parliament of England according to the strong bonds of nature and religion by which the two Kingdomes are joyned under one Head and Monarch yet as wee are fully assured that the Kingdome and Parliament of England is for the present farre from any thought of usurpation over the Kingdome and Parliament of Scotland or their Lawes and Liberties so for the preventing the misunderstanding of the Posterity and of Strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of our proceedings which may arise upon our comming into England and our treating in time of Parliament We doe by these declare and make known that neither by our Treaty with the English nor by seeking our peace to bee established in Parliament nor any other actions of ours doe wee acknowledge any dependency upon them or make them Judges to us or our Lawes or any thing that may import the smallest prejudice to our Liberties but that wee come in a free and brotherly way by our informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyne our endeavours in what may conduce for the good and peace of both Kingdomes no otherwise then if by occasion of the King his residence in Scotland Commissioners in the like exigence should be sent thither from England DID DEMAND that his Majesty would bee graciously pleased to command that the Acts of the late Parliament may bee published in his Highnesse name as our Soveraign Lord with consent of the Estates of Parliament conveened by his Majesties authority WHEREUNTO it is answered and agreed That for as much as the Kings Majesty at the humble desire of his Subjects did call and conveen a Parliament to be holden at Edinburgh the 2. of June 1640. wherein certain Acts were made and agreed upon which Acts his Majestie for the peace and good of his Kingdome is pleased to publish in his owne name with consent of the Estates and therefore commands that the said Acts bearing date the 11. day of June 1640. be published with the Acts to be made in the next Session of the same Parliament and that all the said Acts aswell of the precedent as of the next Session to be holden have in all time comming the strength of Lawes and to be universally received and obeyed by all the Subjects of the Kingdome of Scotland His Majesty doth in the word of a King promise the publishing of the said Acts in such sort as is above specified As for the manner of publishing the said Acts his Majesty approves that the Declaration of the Estates in the beginning of the Acts and the conclusion at the end may be past in silence at the publishing of the Acts and left out in the printed Copies And if any thing shall further occurre concerning the manner of publishing the said Acts his Majesties Commissioner may then offer it to the Estates to be considered of his Majesty being most assured that the Estates of Parliament will have a great care not to suffer his Majesties authority to be prejudiced in the managing of these great affaires Tertio Decembris 1640. THE SECOND DEMAND that the Castle of Edinburgh and other strengths of the Kingdome should with the advice of the Estates of Parliament according to their first foundation be furnished and used for defence and security of the Kingdome IS AGREED UNTO THE THIRD DEMAND that Scottish men within his Majesties Dominions of England and Ireland may be freed from censure for subscribing the Covenant and be no more pressed with oathes and subscriptions
pounds money of this Realme and declares that to be the constant price thereof in time comming without respect of deare or cheap Herrings And because the fishers residents in the East Seas and who dwell within the saids bounds on the North and South side of Forth and Tay by-west the Reid-head and Saint Tobs-head in respect of the great hazard and danger they are in in ventring to the North Iles with their Ships and Barks wherein they transport two Boats or Yolles as pendicles of the saids Ships and Barks and vehicles for their use and the better accommodating of their voyage were in use to pay only the summe of five pound in satisfaction of the assise Herrings ilk Tack that holds for ilk Ship or Barke without having respect to Ship-boats and Yolles which are onely pendicles and vehicles of the saids Ships and Barkes Therefore his Majesty with advice of the Estates being certainly perswaded that it is unpossible to the saids fishers to accomplish their voyages unlesse they have two Ship-boats or Yolles carried in the saids Ships or Barks as pendicles and vehicles thereto Declares that the saids fishers are and shall only be liable in the said summe of six pounds in full satisfaction of the assise in the North Iles for ilk Ship or Barke ilk Tack that holds not having regard of the saids ship-boats or Yolles there being but two Boats to ilk ship at the farthest which they do hereby liberate and exeem from all payment of any dutie And discharges all our Soveraigne Lords Lieges for exacting or uplifting any other assise from the saids fishers nor the particular duties above specified And ordaines the collectors thereof to uplift the same legally after ilk dreave and to desist from troubling the fishers during the time thereof ACT XL. ACT ANENT LOYALL PACKING OF Salmond 16. November 1641. OUR Soveraign Lord and Estates presently assembled Understanding that the Salmond fishings are one of the principall benefits whereby Trade is maintained and money brought in the Kingdom and that through the evill ordering thereof both in the insufficiencie of the Barrels alse in the disloyall packing of the same not onely is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should returne thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ordaines an act to be made Ratifying and approving all and sundry Acts of Parliament Lawes and Constitutions of this Realme made anent Salmond fishing and the sufficiency of the barrels and loyall packing thereof With this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappell wherefore he shall be answerable without worme-holes and white wood of sufficient tichtnesse for containing the pickle and sufficient tichtnesse for enduring all kind of stresse in the handling and that the barrels contain no lesse then ten gallons of the Stirling pint conforme to an act of His Majesties Councell of the date at Halyrude-house the fifteenth day of July 1619. yeares which His Majesty with consent foresaid Ratifies and approves in all the heads clauses and articles thereof to be ratified in this present Parliament under the paine of five pounds to be payed by the Couper for ilk unsufficient barrell and escheat of the famine barrell and that the famine be well pyned in the pickle before the packing thereof and thereafter the said barrels to be well tichted and double girted before the transporting thereof to forraign Nations And that no barrell be sooner made and blowne but the Coupers birne be set thereon on the tapone staffe thereof in testimony of the sufficiency of the tree and that every couper be answerable and lyable in payment of such losses as happen to be laid on the fish at the Market if it be found to be in the default of the Couper by the insufficiency of the tree or packing or any other meanes in the Coupers fault and that they keep right jedge both in the length of the staves the bilge girth the widenesse of the head and deepnesse of the chin The barrell being made marked and thrice gene in the packing shall be marked with the marking iron under a very particular merchands mark as use is and that no burgh or any other trading with Salmond shall presume to counterfeit the mark or birne of Aberdene under the paine of confiscation of the Salmond by and attour the punishment of the parties counterfeiters at the pleasure of the judge ordinar the one halfe of the said paine to pertaine to His Majesty and the other halfe to the burgh so wronged And ordaines the Magistrates within burgh to put this act to execution ACT XLI ACT ANENT THE KINGS MAJESTIES Rents uplifted by warrant of the Committee of Estates for the publike use 16. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that during the time of the late troubles of this Kingdome there were some of his Majesties rents customes and impost uplifted and intrometted with for serving of the present necessities of the publike affaires of this Kingdome by warrant of the late Committee of Estates and by other publike orders and that there were sundry by-gone pensions and fees due to diverse of His Majesties Pensioners and Servants satisfied and payed to them conforme to their rights and pensions by order of the late Committee of Estates residing at Edinburgh And His Majesty being graciously pleased to approve and allow of the foresaids intromissions had and payment made in manner and for the causes above-written Therefore our said Soveraign Lord with advice and consent of the saids Estates of Parliament Ratifies approves and dispenses with all such intromission with His Majesties rents customes and impost as have been uplifted payed and intrometted with preceding the twenty ninth day of June last by-past for the uses and causes foresaid Together with the payment of the same made by publike order as said is And declares that the famine payment made and intromission had by warrant from the said Committee of Estates or by other publike orders preceding the said twenty ninth day of June last by-past are and shall be sufficient exoneration to the payers of the saids rents customes and impost and to the receivers of the famine by vertue of the saids publike orders and to all others concerned therein like as the discharges upon the payment thereof by publike order foresaid shall be allowed to the payers of the same in the accounts of their intromission with his Majesties rents customes and impost foresaid to be made in His Majesties exchequer whereanent thir presents shall be a sufficient warrant to all that are concerned therintill and to the Lords and Commissioners of His Majesties Exchequer to allow and defray the famine in the saids accounts to be made in Exchequer by the chalmerlands intrometters with and receivers of his Majesties rents customes and impost foresaid and ordaines
Commissioners to be nominate by the saids Lords of Secret Councell as said is for ordering the Commissars jurisdiction and clearing the bounds and limits thereof that there be no occasion of question betwixt them and other inferiour Judges with power to the saids Commissioners to regulate their judicatories and set down prices upon the Seales Testaments Summonds Acts Decreets and all other Writs concerning that Office to be taken by Commissars their Clerk or Procutor Fischall all quotes of Testaments being specially discharged to be exacted in any time comming and to settle and establish the fees of the Commissars of Edinburgh and for that effect to meet and conveen at Edinburgh the _____ day of _____ with power to them to appoint diets as oft as they shall think fit untill the said Commission take effect anent the particulars foresaid And whatsoever the saids Commissioners or their Quorum shal determine and conclude thereanent our Soveraign Lord with advice foresaid ratifies and approves and ordains the same to have the strength force and authoritie of an Act of Parliament ACT LXIII ACT DISCHARGING MONOPOLIES 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering the great hurt and prejudice sustained by sundry his Majesties lieges by the Monopolies used and exacted within this Kingdome and which have beene conferred to the use of any particular person or persons to the great hurt and prejudice of others his Majesties lieges and specially the gift for selling Tobacco granted to Sir James Lesley and Thomas Dalmahoy the Patent of the Lether granted to the Earle of Marre the Patent of Pearling granted to _____ Bannatine the Patent of Pearle granted to Robert Buchane the Patent of Armorie granted to Harrie Mauld Therefore our Soveraign Lord and Estates of Parliament by the tenour hereof annuls rescinds and simply discharges the particular gifts foresaids granted to the persons above written and all that may follow or hath followed thereupon And ordains the same and all other Patents of that nature purchast or to be purchast for the benefit of particular persons in prejudice of the publick to cease and be ineffectuall in all time comming ACT LXIV COMMISSION FOR MANUFACTORIES 16. November 1641. OUR Soveraign Lord and Estates of Parliament considering how necessary expedient and profitable the erecting and maintaining of Manufactories will be for this kingdome as well in keeping great quantities of money within the same which is now daily exported for wrought commodities as in setting poore ones on worke restraining of idle beggars increase of vertue and bringing of moneyes into the Countrey And this being a matter of so great goodnesse wished by every man and oft times aymed at to be brought to some perfection as witnesse many severall acts of Parliament acts of Convention and Councell especially King James the sixth his seventh Parliament cap. 113. Item King James 6. his 15. Parliament cap. 250. and 252. Item the acts of Councell May 1597. July 1600. November 1601. December 1601. May 1612. Octob. 1614. August 1616. July 1620. Feb. 1623. July 1623. Item the acts of Convention June 1605. November 1625. August 1626. yet the famine hath not as yet made any considerable progresse for want of cherishing entertainment and right order for prosecution thereof In consideration whereof His Majesty and Estates of Parliament being resolved to use all ordinar meanes for erecting cherishing and maintaining of Manufactories within this Kingdome And His Majesty with advice and consent foresaid being graciously pleased to grant all Liberties Priviledges and Immunities to the erectors thereof Therefore His Majesty and Estates foresaid gives grants and commits to these persons or Quorum thereof who shall be nominate by the Lords of secret Councell to whom the Kings Majesty and Parliament hereby gives the nomination of the saids Commissioners and Quorum thereof foresaid to the effect after specified full power warrant and commission to meet and conveen at Edinburgh or any other place or places at such dayes and times they or the said Quorum shall think fitting and there to consult advise and determine upon the best rules overtures and propositions and wayes for erecting and maintaining of the saids manufactories of all sorts With power to them or the said Quorum To call and conveen before and with them any person or persons who can give them information or assistance in the saids businesses As also with power to them or their said Quorum to appoint correction-houses in such parts of the Kingdome as they shall think most conduceable for the good of the saids Manufactories and restraint of idle and masterlesse beggars As also with power to them to prescribe rules and wayes for assisting supplying and maintaining of these who have already or shall during the time of this Commission erect and entertaine any of the saids Manufactories and to direct letters against masterlesse people and their receptars as well to burgh as land-ward commanding them to worke at such reasonable rates as the said Commissioners or Quorum thereof shall appoint With power likewise to them to make Corporations and to grant them priviledges conforme to the lawes of the Kingdome And sicklike his Majesty with advice foresaid out of his gracious favour and bountie doth hereby for the better encouragement to all these who have undertaken or shall undertake the erecting and maintaining of the saids Manufactories or any one thereof gives and grants to them the priviledges and immunities following viz. all Spanish and forraigne fine wool for making of fine cloth shall be custome free Item all litster ware oyle and others necessaries for the use of the saids workes allanerly shall be free of all Customes and Impost Item all parcels of cloth Seyes and others made by any who have erected or shall erect any of the saids works shall be Custome and Impost free for the space of fifteene yeares after the erecting thereof Item the workers of the saids works erected or to be erected shall be free of any taxation or imposition to be imposed on the Kingdome for any occasion by-gone or to come Item it shall not bee leasome to any in the Kingdome to hire reset or entertain any of the servants of the said works without consent of the Masters thereof ACT LXV COMMISSION BY THE KING AND Parliament to the Lords of secret Councell 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament Considering that his Majestie being now actually present in his royall person in this his native and ancient Kingdom and willing before his returne to England where his Majesties more ordinat residence hath been heretofore and will apparently be in time coming to leave behind him such a pledge and testimony of his tender respect royall care and fatherly affection for establishing the good and happie governement of this his Majesties ancient Kingdome as in some measure may supply the want of his royall presence amongst them Hath to this effect out of his native goodnesse condescended
Parliament against such as unlawfully convocates the Kings Lieges And that also by sundry other preceding Statutes and Acts of Parliament made by his Majesties most noble Progenitors the foresaid Leagues Bands Counsels Conventions and Meetings are likewise discharged And herewith also the said Estates taking to their consideration what was the true end and meaning for making of the foresaid Acts how farre the same in equitie and reason can be extended findes and declares that the foresaid Acts and Laws particularly and generally before exprest is not nor cannot bee extended against any Bands Leagues Counsels Conventions Assemblies Committees or Meetings made holden and kept by the Subjects for maintenance and preservation of the Kings Majestie the Religion Lawes and Liberties of the Kingdome or for the publick good eyther of Kirk or State But the said Estates findes and declares that all these Bands Conventions Committees and other meetings made and keeped by the Estates and Subjects of this Kingdome for the publike good of King Kirke and State and intended for the defence and preservation thereof since the beginning of these present troubles are not prohibited nor discharged by the foresaids Lawes and Acts of Parliament particularly and generally before rehearsed nor none of them And can no wayes be understood nor interpret to fall within the compasse of the discharge and prohibition of the foresaids Acts and doth no wayes contraveene the same nor none of them And therefore the saids Estates ratifies approves and allowes all the saids Bands Conventions Committees and other Meetings which are and have beene made and keeped within this Kingdome for the defence and preservation of the Kings Majestie the Religion Lawes and Liberties of this Kirke and Kingdome since the beginning of the present troubles thereof And declares the same to bee lawfull and legall deeds and that they doe no wayes contraveene the foresaids Acts of Parliament respective above mentioned nor none of them nor no other Law nor constitution of this Kingdome ACT XXX ANENT THE WARD AND MARRIAGE OF These who shall happen to be killed in the defence of the Religion and Liberties of Kirke and Kingdome THe Estates of Parliament presently conveened by his Majesties speciall Authority Taking to their consideration the prejudice that may come to these Subjects who holds their lands ward of the Kings Majesty or of any other Superiour whatsoever and shall happen to be killed in the defence and maintenance of the Religion and of the Laws and Liberties of this Kingdome during the time of the present troubles thereof hath statute and ordained and hereby statutes ordaines and declares that the profit and benefit of the ward marriage none entresse and reliefe falling by the decease of any of these who shall happen to be killed in manner and for the cause foresaid with the whole commoditie that can follow upon the same shall onely pertaine and freely be given and disponed to the heires Relick and Bairnes of these who shall happen so to be killed as followes viz. Where the Relicke and remanent Bairnes by the heire shall be found provided by the Defunct Then in that case the whole benefite of the ward marriage none entresse and reliefe shall solely belong to the heire But where the Relicke and remanent Bairnes by the heire be 's not found provided in that case the benefite of the marriage shall onely pertaine to the heire and the profite commoditie and benefite of the ward none entresse and reliefe shall be imployed and used for the entertainment and maintenance of the Relicke and Bairnes unprovided And also for the entertainment of the heire if he have no other meanes for maintenance And what is overplus by the Relicke and Bairnes their entertainment foresaid ordaines the same superplus to be imployed for the provision of the said remanent Bairnes by the heire unprovided as said is Providing alwayes that the saids heires and other persons foresaids to whom the benefite of the saids ward marriage none entresse and reliefe is appointed to pertaine in manner respective before rehearsed Be 's found not to have studden against the maintenance of Religion lawes and liberties of Kirke and Kingdome contrair to the late Covenant ratified in this present Parliament And also the saids Estates findes and declares that the Kings Majestie and all other Superiours whatsoever of the saids ward holdings shall be altogether secluded from the benefite of the foresaid ward marriage none entresse and reliefe falling by decease of their Vassals in manner and for the cause before rehearsed ACT XXXI RATIFYING THE ACT OF THE LORDS Of Session made for supplying of the absence of the Signet and discharging the transporting thereof or any other Seale in time comming THE Estates of Parliament presently conveened by his Majesties speciall Authority Ratifies and approves the Act of the Lords of Councell and Session made at Edinburgh the penult day of March 1639. yeares whereof the tenour followes The which day the Lords of Councell and Session being petitioned by some of his Majesties Lieges to provide remeed against the prejudice sustained by them through the exportation of the Signet out of this Kingdome And thereupon taking unto their consideration the many great inconveniences redounding to this Realme and whole Lieges thereof And manifestly ensuing by the transporting of the Signet not onely from the place of residence of the saids Lords but out with the bounds of this Kingdome into England without any reason or example Therefore after mature deliberation they have statute and ordained and for remeed of the said heavie prejudice statutes and ordaines that all Summonds Letters Charges Suspensions Signators or other Writs whatsoever which by the law and custome of this Realme useth to passe the said Signet shall bee presented to George Hadden writer to the Signet and the ordinarie price due for the Signet consigned in his hands to bee made forth comming to the Lord Secretarie and his keepers of the Signet in his name Whereupon the said George Hadden shall marke the date of the said offer beside the waxe at the place customably bearing the date of the Signet and write thereupon these words marked by me according to Act and Warrant of the Lords of Session and ordained to be a Warrant for execution hereof or passing through the Seals albeit it bee not signetted which words hee shall subscribe with his Signe and Subscription manuall Which Summonds Charges Letters Suspensions Signators or Writs whatsoever so dated and subscribed by the said George Hadden shall have the same effect in all respects as if the Signet were affixed thereto And the saids Lords declares that the same shall be a sufficient warrant to all keepers of Seals and Registers Messengers of Armes Pursevants Heraulds or others persons whatsoever for passing of the saids writs through the Seals execution of the saids Summonds Letters Charges and Suspensions and doing all deeds incumbent to their office such like and as amplie and warrantablie in all respects as
taxations But that every mans right and claime anent the prejudice may arise concerning the same and manner thereof whereby any man can instruct enorme lesioun and that he was unequally stented Is hereby specially reserved hinc inde And last It is statute and ordained that the Lords of Session shall bee Judges to all Suspensions to be raised in the said collection and contribution in such forme and manner as they are and have been in matters of taxation ACT XXXV ORDAINING SUMMONDS TO BE DIRECT and execute against the persons who are culpable of the crimes and faults contained in the Act to compeare before the next Session of Parliament THe Estates of Parliament conveened by his Majesties speciall Authoritie Considering the present strait and exigencie menacing the ruine of this Kingdome and how necessary it is for preventing thereof that these who have beene the authors or are the maintainers and assisters of these courses that are destructive to the liberties of this Kirk and Kingdome and that either by their false suggestions and calumnious relations of the Estates of this Kingdome and their proceedings to his Majestie or by their comming in Armes against this their mother Countrey and contributing to further our Adversaries in their intended and professed plots and violences for the subduing and destroying this Kingdome or by their rising in Armes within the Countrey fortifying and keeping of Castles and houses against the Estates who defend the Countrey against all forraigne invasions and subjection or by deserting their native Countrey in such an extreame necessitie and with-drawing from them all the assistance they can That all these and others in the like condition be distinguished and censured according to the severall degrees of their transgression against the State and Kingdome Therefore they grant full power and warrant to the Committee which is to sit at Edinburgh for to direct in their name precepts to the Lion King of Armes and his brethren Heraulds and Messengers to passe warne and charge in name of the saids Estates the persons under-written And all others whom the said Committee upon like probable grounds can suspect to have been the Liesing-makers and tellers and false accusers of the States of this Kingdome and their proceedings to the Kings Majestie as seditious rebellious and treasonable to have beene the instigatours framers and up-drawers of the strange Proclamations and Declarations made against his Majesties Subjects and Estates as Rebels and Traitours or to have risen or rise in Armes and concurre with the adversaries for subduing of this their native Countrey or to fortifie keepe or detaine Strengths or Castles against the Estates of this Kingdome who stand to their Covenant for defending their Religion Crown and Countrey Or wittingly and willingly to with-draw their assistance from their mother Countrey in this extremity and contribute their help and countenance to the adversaries and all others who are either authours abetters maintainers or suppliers or art and part or have any hand in countenancing and concurring with our adversaries to the subduing and destroying of this Kingdome and especially these that have seemed to joyne with us and have subscribed the Covenant for to compeare personally on _____ day at Edinburgh before the Parliament at the next Session thereof to answer unto these and all other crimes of that kinde which may bee layed to their charge and that under the paine of treason and forefaultrie for their contumacie in case of not compearance Like as the Estates declares that these precepts being subscribed by the Praeses and Quorum of the Committee foresaid shall bee as sufficient as if they were subscribed in Parliament ACT XXXVI IN FAVOURS OF THE KINGS VASSELS of ward-lands recommending their prejudice by the Act Anno 1633. to the consideration of the next Parliament and in the meane time while then suspending the force and execution of that Act. THE Estates of Parliament presently conveened by his Majesties speciall Authority Taking to their consideration the bounty and benevolence of the Kings Majesties most noble Progenitors King James the second and King James the fourth giving their Vassels liberty to set ward-lands few And likewise considering how the Kings Vassels of ward-lands are secluded from that benefite by the Act 1633. which seemeth to be done by mis-information of the Kings Majesty and contrary to the intention of the Parliament to debarre the Subjects of the bounty and benevolence of the Kings Majesty towards them which was formerly granted by his Progenitours Recommendeth the serious consideration hereof with the meaning and intention of the Kings and the Estates in setting downe of the foresaids Acts and how farre the same Acts can be extended to the prejudice of the Vassels the Act Anno 1633. being only a ratification of a former Act made in favours of the Subjects and appointing the same to be extended to lands holden of the King and Prince and not a direct Act for these lands to the next meeting of the Parliament And in the meane time while the determination thereof the Estates suppresses and suspends the force and execution of the Act 1633. against the Kings Vassels of ward-lands and exeemes them from that Act during the said interim ACT XXXVII APPOINTING THE FEES FOR THE Procurator the Clerk and Agent for the Kirk THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Taking to their consideration the desire of the last Assembly and the supplication of the Commissioners of the Kirk craving that the Advocate for the Kirk the Clerk of the Assembly and the Agent for the Kirk may be provided to Fees and Pensions for their service in that charge out of the Kirk rents belonging to the late Bishopricks as they have had their Pensions payed to them out of the same since the Reformation For the Procurator of the Kirk had assigned to him foure last halfe last cost extending to six chalders twelve bowles meal and malt out of the readiest duties of the Bishopricke of Orknay yearly In place whereof after the restitution of Bishops Anno 1606. there was five hundreth pounds ordained to be payed out of the Kings Checker to the Advocate for the Kirk Like as the Clerk of the generall Assembly since the Reformation and before the restitution of Bishops and by the Bishops themselves conforme to their Band in Janu. 1610. yeares had five hundreth markes payed to him yearly and the Agent for the Kirk had a continuall pension payed to him out of the Kirk rents for his charge And herewith also the said Estates considering the necessitie of the saids Officers of Advocate Clerk and Agent for the Kirks businesse with the weight of that charge and continuall attendance requisite thereto ordaines and appoints the summe of a thousand markes of Fee and Pension to be payed yearly to Master Archbald Johnstoun present Advocate for the Kirk and to his successours chosen and appointed by the Assembly in that place for the Fee of that charge as Procurator
shall not passe but according to the intrinsick value thereof with the allowance of a tenth part or such a proportion as the Parliament shall think fit to allow for the impression and workmanship in coyning His Majesty is graciously pleased to recommend to the ensuing Parliament of Scotland the whole matter of copper coine and remits to their consideration to take such order therein as they shall thinke fitting not onely concerning the copper coine to be coyned hereafter but also the copper money already coyned how the same shall take vent and passe in payment in time comming Conforme to the paper of the ninth of June 1641. CONCERNING AN ACT OF Pacification and Oblivion IT is agreed unto that in the approaching Parliament of Scotland there shall be an Act of Pacification declaring that the late commotions and troubles arising from the innovations of Religion and corruption of Church Government by the mercy of God and the Kings Royall wisdome and Fatherly care are turned into a quiet calme and comfortable Peace lest either his Majesties love or the constant loyalty of his Subjects in their Intentions and Proceedings be hereafter called in question and that such things as have falne forth in these tumultuous times while Lawes were silent whether prejudiciall to his Majesties Honour and Authority or to the Lawes and Liberties of the Church and Kingdome or to the particular interest of the Subject which to examine in a strict court of Justice might prove an hinderance to a perfect peace may be buried in perpetuall Oblivion So it is expedient for making the Peace and Unitie of his Majesties Dominions the more firme and faithfull and that his Majesties countenance against all feares may shine upon them all the more comfortably that an Act of Pacification and Oblivion be made in the Parliaments of all the three Kingdomes for burying in forgetfulnesse all Acts of hostility whether between the King and his Subjects or between subject and subject or which may be conceived to arise upon the coming of any English Army against Scotland or coming of the Scottish Army into England or upon any Action Attempt Assistance Counsell or Advise having relation thereunto and falling out by the occasion of the late troubles preceding the conclusion of the Treaty and the return of the Scottish Army into Scotland That the same and whatsoever hath ensued thereupon whether trenching upon the Lawes and Liberties of the Church and Kingdom or upon his Majesties Honour and Authority in no time hereafter may be called in question nor resented as a wrong Nationall or Personall whatsoever be the quality of the person or persons or of whatsoever kind or degree Civill or Criminall the injury is supposed to be and that no mention be made thereof in time coming neither in judgment nor out of judgment But that it shall be held and reputed as though never any such thing had been thought nor wrought And this to be extended not onely to all his Majesties subjects now living but to their Heires Executors Successours and all others whom it may concerne in any time to come And for that end that by the tenour of this Statute all Judges Officers and Magistrates whatsoever be prohibited and discharged of directing of Warrants for citation processing or executing any sentence or judgment upon Record or any way molesting any of his Majesties lieges concerning the premisses in all time coming Like as that his Majestie for himselfe and his Successours promiseth in verbo Principis never to come in the contrary of this Statute and Sanction nor any thing therein contained but to hold the same in all points firm and stable And shall cause it to be truly observed by all His Majesties Lieges according to the tenour and intent thereof for now and ever And that in all time coming these presents shall have the full force and strength of a true and perfect security as if they were extended in most ample and legall forme Providing that the benefit of the said Statute shall no wayes be extended to any of the Scottish Prelates or to John Earl of Traquair Sir Robert Spotswood Sir John Hay and Master Walter Balcanquall cited and pursued as Incendiaries betwixt the Kingdomes and betwixt the King and his People and for bribery corruption and many other grosse crimes contained in their charges generall and speciall nor to any other persons who are cited and shall be found by the Parliament of Scotland in his Majestie or his Commissioners their owne hearing to be so extraordinarily guilty of these and the like crimes as they cannot in justice and with the honour of the King and Countrey passe from them Provided further that the benefit of this Act shall not bee understood to extend to the favour of Theeves Robbers Murtherers Broken men Sorners Out-lawes nor their Receptors With reservation also of the legall pursuits and processes of the Scots in Ireland for the reparation of their losses according to justice against such who have illegally wronged and persecuted them since by one of the Articles of the Treatie they are appointed to be restored to their means and estate It is also to be understood that nothing is meant hereby to be done in prejudice either of the payment of the debts owing upon promise or security by the Scottish Army to any of the Counties or to any person there the same being instructed before the removall of the Scottish Army or of the Arrears due to the Scottish Army or to that brotherly assistance granted them by the Parliament of England That the great blessing of a constant and friendly conjunction of the two Kingdomes now united by alleageance and loyall subjection to one Soveraigne and Head may be firmly observed and continued to all Posterity it is agreed that an Act be past in the Parliament of England that the Kingdomes of England or Ireland shall not denounce nor make warre against the Kingdome of Scotland without consent of the Parliament of England As on the other part it shall be enacted there that the Kingdome of Scotland shall not denounce nor make warre against the Kingdoms of England or Ireland without consent of the Parliament of Scotland No ships either of the Kings or Free-booters or others shall stop the trade of the Kingdome or hinder or harme their neighbour Kingdome without consent of Parliament declaring a breach of Peace And if any armies shall be levied or trade stopped and Neighbours harmed or wronged the States of the Countrey by which it is done to be obliged to pursue take and punish the offenders with all rigour And if any of the Kingdomes assist receive or harbour them they are to be punished as breakers of the Peace And if after complaint and remonstrance to the Commissioners after mentioned and to the Parliament redresse and reparation be not made then and in that case the same to be counted a breach of the Peace by the whole Kingdome And in case any of the subjects of
arreare of the brotherly assistance is just and order is given for it accordingly And it shall be communicated with the Scottish Commissioners that it may be a perfect security 10 The tenth for appointing a Quorum for attending the paiment of the money is already moved to the parliament will be done as is desired 11 The eleventh article is very just and order shal be given accordingly for recalling all Proclamations c. and for publick Thanksgiving 12 This Article for the Castle of Edinburgh and other strengths of Scotland is to be setled betwixt his Majesty and the Commissioners of Scotland or by his Majesty and Parliament of Scotland All which Articles are assented unto and approved by his Majestie with advice of the Parliament of England and by the Committees of the Parliament of Scotland and are necessary for publick declaration of mutuall consent and for firme observation to be confirmed and ratified in the Parliaments of both Kingdomes BE it therefore enacted by his Majesty with the assent of the Lords and the Commons in this present Parliament assembled that the said Treaty and all the Articles thereof assented to as aforesaid be and stand for ever ratified and established and have the force vigor strength and authority of a Law Statute and Act of Parliament Like as this afore-written Treaty and whole Articles thereof are by his Majesty and the States of the Parliament of Scotland enacted and ordained to have in all time comming the full force and strength of a true and perfect security and Act of the said Parliament And his Majesty for himselfe and his Successors doth promise in verbo principis never to come in the contrair of this Statute Sanction nor any thing therein contained but to hold the same in all points firme stable and shall cause it to be truly observed by all his Majesties Leiges according to the tenor and intent thereof for now ever Like as the Parliament of both Kingdomes give full assurance and do make publick faith in name of both Kingdomes respectively for the true and faithfull observance of this Treaty and whole Articles thereof inviolably hinc inde in all times to come Like as his Majesty with advice of the estates of Parliament commands the clerke of Parliament to insert and registate the same in the bookes of Parliament and to give the extract of this Act under his hand to the director of the chancellary Whom they command to write the same to the great Seale and the keeper of the great Seale to append the great Seale thereto And declares that the same being so sealed and returned to the Parliament of England is and shal be unto them a full and perfect security By this their act given at Edinburgh the 26. of August 1641. yeares ACT. VII ACT DISCHARGING JAMES BANNATINE His patent of the pearling Ultimo Augusti 1641. OUr Soveraign Lord and Estates of Parliament having read and considered the reasons grievances and prejudices given in and complained upon in this present Parliament against the gift and patent granted to James Bannatine in leith anent the pearling and finding the famine gift and patent hurtfull and prejudicial to the country and lieges Have therefore rescinded retreited cassed annulled and discharged and by the tenour hereof rescinds retreits casses annuls and discharges simpliciter the foresaid gift patent granted to the said James Bannatine anent pearling And declares the famine gift and patent to be extinct null and ineffectuall in all time comming And also our said Soveraigne Lord with advice and consent of the estates of Parliament prohibits and discharges all importation and inbringing of forraigne pearling within this kingdome in any time comming under the paine of confiscation thereof to his Majesties use And siclike our said Soveraigne Lord with advice foresaid renewes the act of Parliament made in anno one thousand six hundred twentie one yeares Intituled anent banquetting and apparell in the second head and article thereof viz. That no person of whatsoever degree shall have pearling or ribbining upon their ruffes bands serkes napkins and socks except the persons priviledged in that act And the pearling and ribbining to be so wome by them if any be to be of these made within the kingdome of Scotland under the pain of an hundered pounds toties quoties as the said act in that article thereof beares And ordains the famine act in that head and article foresaid to have ful strength force and execution and to stand as a Law conforme to the tenour thereof ACT VIII ACT DISCHARGING UNLAWFULL Marriages 1. September 1641. OUr Soveraign Lord and Estates of this present Parliament considering the great abuse and dangerous evill that hath followed and may follow upon frequent marriages of the persons Inhabitants within this kingdome going to the neighbour Kingdomes for getting themselves married there which they could not obtaine in this Kingdome by the lawes and constitutions thereof Therefore and for remedy of that evill and for preventing such in time comming prohibites and discharges all men and women having both their ordinary residence within this Kingdome to get marriage to themselves with others within the Kingdome of England or Ireland without Proclamation of Banes here in Scotland and against the order and constitutions of this Church or Kingdome under the paies following viz. for ilk Nobleman so married one thousand pounds for ilk landed Gentleman one thousand markes for ilk Burges five hundred pounds and for ilk other substantious person five hundred marks for a Yeoman one hundred pounds for ilk person of inferiour qualitie one hundred marks The one halfe of the which penalties shall belong to the King the other to the Parish or Parishes where the married parties did reside And ordains the King and Kirks Advocate to pursue before the civill Judge therefore And in case of the poore condition of any man married in manner foresaid Ordains him to be punished by stocks or irons Which paines corporal and pecunial shall no wayes be prejudiciall or derogate from the order and censures of the Kirk to be inflicted against the delinquents ACT IX ACT ANENT NON-COVENANTING Patrons 2. September 1641. OUR Soveraign Lord and Estates of Parliament considering that all his Majesties subjects within this Kingdome are by Acts of Parliament ordained to subscribe their Nationall Oath and Covenant Therefore his Majestie and Estates ratifie and approve the Act of Parliament made by his Majesties dearest Father of blessed memorie Parl. 1. c. 9. whereby it is ordained that no person be Judge Procurator Notar or Member of Court who professeth not the true Religion together with the Act of ratification thereof with the addition and declaration thereof therein contained made by his Majesties said umwhile Father Parl. 20. cap. 3. And finds and declares that the saids Acts shall be extended to all persons whatsoever who have not subscribed or refuse to subscribe the said National Oath and Covenant And such like
places shall happen to vake and must be provided in the intervall betwixt Parliaments his Majestie will choose and nominate Officers of State and Counsellours with the advice and approbation of the Councell all that number being warned upon 15. daies calling to meet thereanent and most part of the whole consenting And in like manner the Sessioners with the advice and approbation of the most part of that House Which elections made in the intervall shall be allowed or disallowed in the next ensuing Parliament as the Kings Majestie and the Parliament shall think expedient And the Officers of State Counsellours and Lords of Session so nominated and chosen by his Majestie and the Parliament or allowed by his Majestie and them shall be provided ad vitam vel culparn and they all shall be lyable to the censure of the Kings Majestie and Parliament ACT XVI ACT ANENT THE ELECTION OF THE Lord LOWDOUN to be Chancellour Ultimo Septembris 1641. THE which day the Kings Majesty with the advice and approbation of the Estates of Parliament did nominate and elect John Lord Lowdoun to exerce and discharge the place and office of High Chancellour of this his Highnesse ancient native Kingdome and gave and disponed to him during all the dayes of his life time the said office with all honours dignities profits liberties and priviledges which have beene possest and bruiked by any preceding Chancellours and which may be now bruiked by the Lawes of this Kingdome Like as his Majestie with advice and approbation foresaid makes and constitutes the said John Lord Lowdoun during all the dayes of his life time High Chancellour of this his said Kingdome to be bruiked and enjoyed by him with all dignities honours commodities liberties and priviledges which have beene possest and bruiked by any preceding Chancellours and which may be now bruiked by the Lawes of this Kingdome and ordaines a gift and patent to be past under His Highnesse great Seale to the said John Lord Lowdoun thereupon ACT XVII ACT ANENT THE CHANGE OF THE Termes 29. October 1641. OUR Soveraign Lord and Estates of Parliament Considering the great prejudice his Majesties Lieges doe sustaine by the inconveniencie of the present usuall termes of payment of their debts and annuall Rents at Whitsunday and Martinmas heretofore Where as if the samine were altered and changed to Lammas and Candlemas yeerly they might get in their owne rents and dueties to pay their lawfull creditors therewith more easily at the said Termes of Lammas and Candlemas then at the former termes of Whitsunday and Martinmas Therefore Our Soveraign Lord and Estates of Parliament have now altered and changed the foresaid former course of the Termes of payment from Whitsunday and Martinmas to the Termes of Lammas and Candlemas in all time hereafter And ordains the same to be the usual Termes of payment of all debts and annuall and for using of all order of Redemption ordains all Premonitions Requisitions to be made before the said Termes of Lammas and Candlemas in place of the Termes of Whitsunday and Martinmas in time coming Notwithstanding of any clauses of Redemption Premonition or Requisition contained in any Bands or other Writs bearing the samine to be made or done either before Whitsunday or Martinmas in manner therein specified Whereanent our Soveraign Lord and Estates of Parliament dispenses for ever Beginning the first Termes Redemption Premonition or Requisition at and before Candlemas next in place of the Terme of Martinmas and the next Terme at and before Lammas next for and in place of Whitsunday and so forth yearely and tearmly in all time coming But prejudice to all creditors of all their just annual rents that shal be due to them from Martinmas next to Candlemas next to come and from Whitsunday to Lammas which is declared to be one quarters annuall And likewise but prejudice to them of all other bygone annual resting owing to them of whatsoever other years or terms preceding which are and shall be payed at the Terme of Candlemas next And this Act to be understood only for borrowing and lending of moneys upon band or infeftment and payment of annuall rents and the former Termes of Whitsunday and Martinmas to stand for redemptions proper woodsets flitting and removing of Tenants both in Burgh and Land ACT XVIII ACT ANENT THE CHARGES AND Expences of the Commissioners for the Barons 11. November 1641. OUR Soveraigne Lord and Estates of Parliament ratifie and approve the Acts made by his Majesties Predecessours King James the first of worthy memorie in his 7. Parl. and 101. Act thereof and the Act made by his Majesties umwhile dearest Father of worthy memorie in his 22. Parl. anent the Commissioners of small Barons in Parliament in the whole Heads Clauses and Articles thereof And specially that Article of the said last Act bearing that all Free-holders be taxed for the expences of the Commissioners of the Shires passing to Parliaments or Generall Councels And letters of horning and pounding to be direct for payment of the summes taxed for that effect upon a simple charge of six dayes allanerly With this addition for clearing of the quantity and manner of the said taxation that there shall be allowed to every one of the saids Commissioners for their whole charges and expences five pounds every day for their expences upon any parliaments or generall councels counting the first and last daies from the down sitting and rising of the saids Parliaments with such other dayes allowed for the Commissiòners of every shire for their coming to the saids Parliaments or generall Councels and returning there-from from time to time as they shall sit or be adjourned viz. for the Commissioners of the sheriffdome of Edinburgh for their comming and going one day of Fife two dayes of Linlithgow two dayes of Clydesdail foure dayes of Nithisdail foure daies of Dumbartane foure dayes of Sterling two dayes of Hadingtoun one day of Bervik foure dayes of Clakmannane two daies of Kinroshire two dayes of Peiblis two dayes of Bute six daies of Angus foure dayes of Pearth foure dayes of Mearnes foure dayes of Air foure dayes of Wigtoun six dayes of Kirkcudbryght four daies of Roxburgh four daies of Aberdene eight dayes of Renfrew foure daies of Selkirk two daies of Bamff eight dayes of Elgine ten dayes of Narne ten daies of Argyle eight dayes of Innernes twelve daies of Caithnes sixteen dayes of Sutherland fourteen dayes of Orkney thirtie dayes The which daily allowance after the rising of the said Parliaments or generall Councels shall be calculate and put in a summe by the Clerk of Parliament under his hand to be divided and imposed proportionally upon the whole freeholders heritors and life-renters holding of the Kings Majestie and the Prince according to the proportion of their Lands and Rents lying within the shire Excepting alwayes forth of this Act all the Lands belonging to the Noblemen or their immediate Vassals And therefore declares that their Lands holden of his Majesty
is And ilk one of them siclike and with all respects and priviledges fees casualities immunities liberties and profits whatsoever as the samine hath beene possest and bruiked by any preceding Lords and Senators of the said Colledge of justice and which the saids Lords and Senators foresaids may now bruike and enjoy by the Lawes of this Kingdome and that ad vitam vel culpam conforme to the Act of this present Parliament made hereanent upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid likewise nominated and elected Archibald Earle of Argyle Archibald Lord Angus John Lord Lindsay and John Lord Balmerino to be the foure extraordinair Lords of Session and Senators of the said Colledge of justice conforme to the foresaid Act made anent the nomination and election of the Officers of Estate Counsellours and Sessioners of the date the 16. day of September last by-past And His Majesty with advice and approbation of the saids Estates gave and disponed and hereby gives and dispones to the saids foure extraordinair Lords of Session above named and to ilk one of them the foure extraordinair places of the saids extraordinair Lords and Senators of the Colledge of justice with all honours dignities immunities liberties and priviledges whatsoever belonging to the extraordinair Lords of Session and their places thereof to be bruiked and possest by the foresaids foure Lords above named now nominated and elected thereto siclike and with all respects as the famine have beene possest and bruiked by any preceding extraordinair Lords of the Session and which may be now bruiked and enjoyed by them by the Lawes of this Kingdome ACT XXIV COMMISSION FOR REGULATING The common burthens of the Kingdome 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that during the time of the late troubles of this Kingdom there were many great summes and burdens contracted undertaken and advanced for the outreiking and maintenance of the Armies and for other publike affaires As likewise considering that the courts of the common burdens of the Kingdome and the accounts of the tenth penny and of the other debts resting due and payable to the publike Together with the accounts and intromissions of all Commissioners Collectors others persons who have had any charge or intromission with any thing pertaining to the publike aswell in the Countrey as at the Army and other parts abroad are not yet fully closed cleared counted for payed nor reduced in order And seeing it is absolutely necessary that all the debts contracted and advanced for the publike use either within the Kingdome or without the famine be known satisfied payed and relieved As also that every thing resting to the publike be counted for payed and brought in for reliefe of the common burthens and that the whole counts of the Armies and other counts within and without the Kingdome together with the accounts of the monthly maintenance of the Army and Brotherly assistance granted by the Parliament of England for reliefe of the common burthens of this Kingdome at least so much thereof as is already payed be all cleared fitted and closed and that the rest and superplus of the said brotherly assistance yet resting may be craved uplifted and received for the publike use And it being likewise necessary that all and every person who have had any trust and intromission with any thing pertaining to the publike either within the Country or at the Armie or any other place be called to an account for their intromission and that the Generall Officers and others who have served in the publike be satisfied and recompensed for their service according to their demerits As also that the losses sustained by the particular persons whose ships and goods were taken at Sea either in England or Ireland be taken to consideration To the effect that the whole burthens and debts resting by the publike being knowne and all that is due to the publike being counted for payed and brought in for relief of the common burthens the estate and condition of the publike affairs may be the better known and according lie such course taken thereanent as may best conduce for the good and weale of the country And seeing the clearing and setling of the premisses will necessarily draw to such a length of time as his Majesty and the Estates of Parliament cannot in this present Parliament receive call for nor examine the saids accounts and common burthens of the Kingdome and settle and order every thing concerning the same In respect whereof Our said Soveraign Lord and Estates of Parliament have found it necessary and expedient that a select number of the severall Estates of the Kingdom be nominated authorised and appointed for clearing and setling of the whole premisses and for directing setling and ordering of every thing which may concerne the same Or which may offer and come in consideration thereanent Therefore His Majestie and Estates of Parliament presently conveened do by vertue of thir presents elect nominate choose authorise and appoint the persons after specified viz. John Earle of Lowdoun High Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdaill William Earle of Lothian John Earle of Lindesay David Earle of Southesk Iames Earle of Findlater Iohn Lord Sinclair Iohn Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Hoome of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir Iohn Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsey of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Greirsone of Lag Master George Douglas of Bonjedburt William Rig of Ethernie Alexander Gordoun of Earlstoun Iohn Binnie Burges of Edinburgh Thomas Durham Burges of Pearth Patrik Leslie Burges of Aberdene George Bell Burges of Linlithgow Patrik Bell Burges of Glasgow Iames Sword Burges of Saint Andrewes Iohn Kennedye Burges of Air Iohn Sempell Burges of Dumbartane William Glendoning Burges of Kirkcudbright Iames Scot Burges of Montrose Master Robert Barclay Burges of Irving Iames Anderson Burges of Couper George Gardine Burges of Bruntiland and Master Alexander Dowglas Burges of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senatours of the Colledge of Justice whom His Majestie and Estates of Parliament adde to the foresaid number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect above and after specified Of the which persons any twelve of them shall be a Quorum there being alwaies three of them of ilk Estate To whom our said Soveraign Lord and Estates and whole body of the present Parliament Gives grants and commits full power warrant and commission to meet and conveen within the burgh of Edinburgh or such other places as
they shall think expedient Betwixt and the _____ day of _____ next to come at farthest and there to call for examine consider cleare fit allow and count the whole debts and burdens contracted and undertaken advanced furnished and applyed for the publike use And siclike with power to them to reduce the whole debts counts and burdens resting by the publike either within the Kingdome or without the famine to be a full and compleat order And for that effect to call all persons interest and concerned therein before them for the better trying clearing and expeding of the famine or of any difficultie which may offer and occurre in the setling and clearing of the saids common burdens and debts And with power to the saids Commissioners or Quorum foresaid of them to fit examine close settle controll and allow the whole counts and intromissions of all commissars collectors and their deputes and substitutes and of all other persons who have had any charge trust intromission or medling with any thing pertaining to the publike or in any publike trust and charge either within the Kingdome or without the famine not already approven and allowed by the late Committees of Estate or either of them And for that effect Our said Soveraigne Lord and Estates of Parliament grants full power and warrant to the saids Commissioners to call before them or their Quorum foresaid all commissars collectors and others who have had any trust intromission or medling or who are resting any thing due and pertaining to the publike at such dyets and times and in such manner as they shall prescribe and find expedient And to cal for examine controll and allow the whole regiment counts and other counts of the Armie within and without the Country with the accounts of all Victuall Money Goods or other commodities and furniture furnished received expended and given out for making up outreiking and entertainment of the armies and of all other publike expeditions and imployments and to allow and disallow of the famine as they shall find them to be just and reasonable And with power to the saids Commissioners and their Quorum foresaid to nominate and appoint Collectors Commissars and all other publike servants necessary for clearing ingathering and recovering of the publike dues debts and rests due and payable to the publike and to prescribe orders to them and to call all others either authorized already or to be appointed by them And to prescribe direct and give forth such orders letters execution and other dispatches for clearing of the whole premisses and for recovery of the debts and burdens resting to the publike as they shall think expedient And with power to the saids Commissioners or such as shall be authorized and warranted by them or their Quorum foresaid to crave receive uplift and intromet with that summe of two hundred and twenty thousand pounds sterling yet resting unpayed by the Parliament of England of the foresaid brotherly assistance promised and obliged to be payed by the Kingdom of England for relief and defrayment of the saids common burdens of this Kingdome and to grant discharges upon the receipt thereof in whole or in part which shall be al 's sufficient as if the famine were granted by his Majestie and the whole body of the parliament of this Kingdom And with power to them to settle accord and agree upon wayes and meanes how the said brotherly assistance may be most timously and commodiously payed and advanced for defrayment and relief of the saids common burthens either by exchange advancement or any other manner of way which may be most conduceable for the relief and good of the publike And with power to the saids Commissioners or their Quorum foresaid to take an exact count of the whole ammunition artillery armes other furniture either brought home made or brought within this Kingdom for the use and upon the common expences of the publike and for the reiking out of the Armies and Regiments of foot and horse and to take course and prescribe orders for keeping and preserving thereof for the use and defence of the Kingdome and to appoint and constitute such persons of trust and best experience for keeping and preserving of the famine as they shall think expedient and to appoint and allow to them convenient fees and maintenance for the same As also with power to them to take consideration and course anent the saids losses sustained by particular persons in their ships and goods taken at Sea either in England or Ireland With power also to them to consider every man his losses that they sustained for the publike and accordingly give them such satisfaction as they shall find just and reasonable that they have sustained in spuilyes robbery and hearships by the enemies of the countrey And as moneyes and other commodities due to the publike can be gotten in With power to them to give orders for distributing thereof for defraying of the saids common burthens and where moneys cannot be gotten in timouslie for reliefe and payment foresaid With power to the saids Commissioners or their Quorum to borrow and lift moneys where ever the famine may be had for relief and payment of such urgent debts and creditors of the publike as cannot suffer delay Which summes so to be lifted and imployed for the use and effect foresaid His Majestie and Estates of Parliament declares hereby to be the publike debts and burdens of the country and binds and obliges the estates and whole body of this Kingdome to pay and defray the same and to relieve the saids commissioners or any other persons who shall give bands or securities for the same of the foresaids summes and bands and of all perill and danger that may follow thereupon and siclike with power to the saids commissioners and their Quorum foresaid to give orders for valuing of all Presbyteries Paroches Lands and other Rents and trade not already valued Conforme to the preceding statutes acts and orders made there anent to the effect that the tenth peny thereof may be known and payment may be exacted accordingly Like as his Majestie and Estates declares that such persons presbyteries burghs and others who are yet resting their said tenth peny are and shall be liable in payment of annuall rents for the same from the terme of Whitsunday 1640. yeares and in time comming aye and while the compleat payment of the famine And in respect there was divers and sundry Commissions Letters and other execution and warrants directed and given forth by the late Committees of Estates residing at Edinburgh and by the Commissar principall and Collector generall and others having power and warrant for that effect to Collectors Commissars and other publike Servants for ingathering and recovering of payment of the debts and rests payable to the publike which letters and warrants are not yet fully execute neither yet is there complete payment recovered conforme thereto Therefore our said Soveraigne Lord and Estates foresaids ordaines the famine Commissions
count to be made of the said intromission in Exchequer ACT XLII ACT ANENT THE DISCHARGING OF Advocations for summes within an hundred pounds 16. November 1641. OUR Soveraigne Lord and Estates presently conveened considering the manifold prejudices and trouble arising to divers of his Majesties Lieges in pursuing of matters of small importance by the too frequent granting of Advocations from inferiour Judges Therefore our said Soveraigne Lord with advice and consent of the saids Estates discharges the Lords of Session from giving and granting Letters of Advocation of any actions intended or to be intended before whatsoever inferiour Judicatories which may competently by the Lawes of the Kingdome be decided by the saids inferiour Judges before whom the said action is or shall be intended for summes of money within an hundred pounds or for any other causes whereunto by the Lawes of the Kingdome the saids inferiour Judges are appointed Judges ACT XLIII ACT ANENT THE DIRECTING OF Cocquets within the Regalitie of Saint Andrewes in the Kings Majesties Name 16. November 1641. OUR Soveraigne Lord with advice and consent of the three Estates of Parliament statutes and ordaines That all Cocquets to bee given forth within the Regalitie of Saint Andrewes now holden of the Kings Majestie through the abolition of Bishops be directed and granted by John Lord Lindsay and his Deputes Cocquet-keepers within the Regalitie foresaid in all time comming in the Kings Majesties name whereas the famine were before directed in name of the Archbishop of Saint Andrewes ACT XLIV ACT DISCHARGING THE TRANS. Portation of Eggs. 16. November 1641. OUR Soveraigne Lord and Estates of Parliament finde that it is necessary and expedient for the good of the publick that the transporting of egges out of this Kingdome be restrained in respect it brings not any considerable moneyes into the Countrey no wayes comparable to the losse considering the diet of poore labouring servants who eate only bread and drinke water if egges were restrained might be bettered by getting egges to his meat at an easie rate or of his own The breed of Chickens Hens and Capons would be in farre greater abundance so that they might sell at two pence a groat and six pence where they are now two groats twelve pence and eighteen pence And where the eggs sell now at fourtie pennies sometimes a groat might be sold for twelve pennies or eighteene pennies And where they give five shillings six pence where the salt is made they might sell their dearest for a two pence Therefore to grant a restraint under the paine of confiscation of the egges and an hundred pound toties quoties to be incurred by the party transporter to be proved by witnesses or oath of party ACT XLV ACT AGAINST DESTROYERS OF Planting and others 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering that Parks and Plantings are great decorements and much profitable to the Kingdome and that the demolishing and down-casting of the dikes of either and spoiling of the ground and planting inclosed within the famine by these who are evill affected to policie is a great discouragement to many who are vertuously disposed to Parking and Planting Therefore his Majesty with consent of the Estates discharges all hawkers hunters travellers and others persons whatsoever to whom the samine Parking and Planting doe not belong from demolishing down-casting climing or any wayes wronging of any of the Dikes foresaids Parks and Planting within the famine under the paine of five pounds toties quoties Which fines his Majestie and Estates foresaids declares to appertaine to the owners of the saids Parks and Plantings they or their servants deprehending the failers And if any other deprehend them the one halfe to appertaine to the deprehender the other to the heritor With power to the deprehender to pursue the contraveener before the ordinar Judge And if it shall happen the heritors own tenant to contraveen the Act foresaid with power to the heritors to unlaw them at their own pleasure the penalty and unlaw alwayes not exceeding the pain foresaid ACT XLVI ACT ORDAINING THE PURSUER OF The thiefe to be restored to his owne goods 16. November 1641. OUR Soveraigne Lord and Estates of Parliament understanding that when any theeves were taken and executed for theft or declared fugitives for not entering and under-lying the law therefore their whole escheat fell to the Kings Majestie and the goods stollen pertaining to the pursuer of the saids theeves and so the said party wronged was prejudged of his owne geir Therefore and for remeed whereof our said Soveraign Lord and Estates of Parliament statutes and ordaines that any person having any goods or geir stollen from them and having pursued the stealer thereof shall have their owne goods againe wherever the famine can be apprehended although the thiefe stealer thereof suffer And where the saids stollen goods cannot be had ordaines the pursuers of the said thiefe to have the just value price and availe of the goods and geir stollen from him out of the readiest of the theeves goods Together with the expences they shall wair in the said pursuit the pursuers alwayes pursuing the thiefe usque ad sententiam reserving to the taker and Sheriffe the expences bestowed by them in the taking and execution of the thiefe ACT XLVII ACT ANENT COALE-HEWERS 16. November 1641. OUR Soveraign Lord and Estates of this present Parliament ratifies the eleventh Act of the eighteenth Parliament of King James the sixth of worthy memory made anent Coale-hewers and Salters with this addition that because Water-men who laves and drawes water in the coale-heuch-head in this Kingdome and gaits-men who worke the wayes and passages in the saids heuchs are al 's necessar to the owners and masters of the said coale-heuchs as the coale-hewers and bearers It is therefore statute and ordained that no person shall hyre or seduce any water-men and winds-men and gaits-men without a testimoniall 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 beene a meane and way to seduce and bring coale-hewers from their masters It is therefore statute and ordained that it shall not bee lawfull to any coale-masters in this Kingdome to give any greater fee nor the summe of twenty markes in fee or bounteth under any colour or pretext And because the saids coale-hewers and salters and others workemen in coale-heuchs within this Kingdome doe lye from their worke at Pasch Yule Whitsunday and certaine other times in the yeare which times they imploy in drinking and deboishrie to the great offence of God and prejudice of their master It is therefore statute and ordained that the saids coale-hewers and salters and others workemen of coale-heuchs in this Kingdome worke all the six dayes of the weeke under the pains following that is to say That every coale-hewer or salter who lyes idle shall pay twenty shillings for every day
of his royall favour and bounty that the vassalls of ward lands holding of his sacred Majesty and of the Prince his highnesse may enjoy their former libertie with the benefite of his Majestie and his most noble progenitors their bounty and benevolence foresaid unprejudged or empared by foresaid act 1633. Therefore our said Soveraigne Lord and Estates of Parliament rescinds and annulls the foresaid 16. Act of his Majesties first Parliament in anno 1633. yeares intitulate Anent vassals holding ward And declares the famine Act to be null of none availe force strength nor effect in all time coming in so farre as the famine Act is or may bee extended to the lands holden ward of the King or Prince as said is And declares the vassals of the ward lands foresaids and others his Majesties Lieges and Subjects to bee in that same estate and condition and have the same libertie concerning ward lands which they had before the making of the said Act and as if the famine had never beene made Which our said Soveraign Lord Estates of Parliament declares to be extinct and of none availe force nor effect in all time hereafter ACT LIX ANENT THE BREADTH OF PLAIDING 16. November 1641. WHereas our Soveraign Lord and Estates presently assembled understanding that the plaiding of this Kingdom is one of the most ancient prime commodities thereof which of late through the inconstancy of the breadth is likely to become of no estimation abroade Therefore our Soveraign Lord with advice of the said Estates ordains the makers thereof to make the same of no lesse breadth then of three quarters of an elne under pain of confiscation of all that shal be found of a lesser breadth And farther understanding that the Lords of his Majesties Councell had for eschewing of the deceit in making thereof ordained the same to bee presented in Folds and not in Rols to the market as it was used of before Therefore his Majesty with consent and advice foresaid ratifies and approves the said Act of Councell dated at Edinburgh the twentie fourth day of March 1635. yeeres in all the heads clauses and circumstances thereof and ordaines the same to takefull execution and to stand as a law in all time coming ACT LX. ACT IN FAVOURS OF LAICK PATRONES Of Provestries Prebandries Chaplandries and Alterages 16. November 1641. OUR Soveraign Lord and Estates of Parliament Ratifies and approves the Act of Parliament made by King James the sixt His Majesties Father of eternall memory Par. 1. cap. 12. anent Provestries Prebandries Alterages Chaplandries and collegiall Kirks pertaining to laick Patrones together with the act of Parliament 12. cap. 158. ratifying the famine and ordaines the said acts to have full force and effect in all time comming With this declaration alwayes that in respect the vassals which held lands of the saids Provests Prebanders and others foresaids are put to a great uncertainty of their Superiours it not being knowne to them who are provided to the saids Provestries Prebandries Chaplandries Alterages and others foresaids by reason there is no publike Register to the which they may have recourse for knowledge and notice thereof and that the farthest that they can know by any registers is the infeftments and seasings made to these who are laick Patrons holding of His Majestie Therefore for securing of the vassals who hold Lands Mils Fishings Tenements annual rents of others whatsoever of the saids Provestries Prebandries of collegiall Kirks or of Chaplandries Alterages and others of that nature at any time of before It is Stature and ordained that the entry of the saids vassals by retour precept of clare constat resignation comprysing or other wayes whatsoever shall pertaine to the laick Patrones and their successours who stands infest in the said laick patronages holding immediately of His Majesty and that the entrie of the vassals by them shall be al 's vallid and sufficient to the saids vassals receivers thereof as if they were entered by the Titulars of the saids Provestries Prebandries Alterages Chaplandries and others foresaids and that the said laick Patrons shall be in all time comming in their places as superiour to the said vassals and to have the same power to give infeftments to his Majesties Subjects upon retour or by precept of clare constat or by resignation comprising or any other manner of way with gifts de novo damus and that without consent of persons provided or to be provided to the saids Provestries and Prebandries of collegiall Kirks Alterages Chaplandries or others titulars of collegiall Kirks and alse without consent of the chapter or convent of the said Prebandries therof or most part of the same which of before was in use and custome whereanent and anent all acts in the contrair his Majesty with consent foresaid dispences for ever reserving alwayes to the titulars of the saids Provestries Prebandries Alterages Chaplandries and others foresaids the fruits rents and emoluments of the saids Provestries Prebandries and others foresaids which are no wayes prejudged by this present Act. It is hereby father statute and ordained where there is any Prebandries Chaplandries Alterages or others foundations of that nature above mentioned founded and situate within any burgh royall of this Kingdome that the Provest Bayliffes and Councell of that Burgh where the famine are founded are and shall be in all time comming only indoubted Superiours by whom and by no others the vassals and tenants enter in manner above specified the Provest and Bayliffes being alwayes Patrons ACT LXI ACT DISCHARGING QUOTES OF Testaments 16. November 1641. OUR Soveraign Lord with advice and consent of the Estates of Parliament taking to consideration the great burden hurt and prejudice his Majesties lieges have sustained thir many years by-gone by exacting of great quote the time of the confirmation of the defuncts Testaments to the wasting and consuming of the means and estates of Minors in speciall and to the generall grievance of persons of all sorts Therefore our Soveraign Lord with consent foresaid out of his Highnesse gracious care and fatherly affection to the weal and ease of all his Majesties subjects statutes and ordains that no quote shall hereafter be payd by any of his Majesties subjects for any Testament of whatsoever qualitie to be confirmed by them And for that effect discharges all Commissars Commissars Clerks Fischals and others whom it effeirs not to exact nor uplift any quote for whatsoever Testament to be confirmed hereafter the party confirmer paying allanerly the other ordinar dues as appertaine ACT LXII COMMISSION FOR REGULATING OF Commissariates 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament hath given and granted and by the tenour hereof gives and grants full power and Commission to these persons who shall be nominate by the Lords of secret Councell to whom his Majestie and Estates of Parliament remits and refers the nomination of the Commissioners to the effect after specified or any five of the saids
Kingdome made anno 1580. have been indeed the true main causes of all our evils and distractions AND therefore ordain according to the Constitutions of the Generall Assemblies of this Kirk and upon the grounds respective above-specified That the foresaid Service-book books of Canons and Ordination and the High Commission be still rejected That the articles of Pearth be no more practised That Episcopall government the civill places and power of Kirkmen bee holden still as unlawfull in this Kirk That the above-named pretented assemblies at Linlithgow 1606. 1608. at Glasgow 1610. at Aberdene 1616. at S. Andrewes 1617. at Pearth 1618. be hereafter accounted as null and of none effect and that for preservation of Religion and preventing all such evils in time comming Generall Assemblies rightly constitute as the proper and competent Judge of all matters Ecclesiasticall hereafter be keeped yearely and oftner pro re nata as occasion and necessitie shall require The necessitie of these occasionall Assemblies being first remonstrate to His Majestie by humble supplication As also that Kirk Sessions Presbyteries and Synodal Assemblies be constitute and observed according to the Order of this Kirk Which Act with all and sundrie the particular heads clauses and articles therein contained The Estates now conveened by His Majesties indiction warrant and authoritie foresaid Ratifies approves and confirmes in all points in manners as the same proports And gives thereunto the strength of a Law and Act of Parliament and ordaines execution to passe thereupon as effeirs And rescindes casses and annulls all Acts and Decrees of Parliament and Councell formerly made contrair and in prejudice of the said Act or any part thereof ACT V. ACT ANENT THE RATIFICATION Of the Covenant and of the Assemblies supplication Act of Councell and Act of Assemblie concerning the Covenant THE Estates of Parliament presently conveened by his Majesties speciall authoritie considering the supplication of the Generall Assembly at Edinburgh the 12. of August 1639. to his Majesties high Commissioner the Lords of His Majesties Honourable Privie Councell and the Act of the Councell the 30. of August 1639. containing the answer of the said supplication the Act of the said General Assembly ordaining by their Ecclesiasticall constitution the subscription of the Confession of Faith Covenant mentioned in their Supplication And withall having supplicated His Majestie to ratifie and enjoyne the famine by His Royall authoritie under all civill paines as tending to the glorie of God preservation of Religion the Kings Majesties honour and the perfect peace of this Kirk and Kingdome Do ratifie and approve the said supplication Act of Councell and Act of Assembly and conforme thereto Ordaines and commands the said Confession and Covenant to be subscribed by all His Majesties Subjects of what rank and qualitie soever under all civill paines And ordaines the said Supplication Act of Councell and Act of the Assembly with the whole Confession and Covenant it selfe to bee insert and registrate in the Acts and books of Parliament And also ordaines the famine to be presented at the entrie of every Parliament before they proceed to any other Act That the same bee publickly read and sworne by the whole members of Parliament claiming voice therein otherwise the refusers to subscribe and swear the same shall have no place nor voice in Parliament And such like ordaines all Judges Magistrates or other Officers of whatsoever place rank or qualitie and Ministers at their entrie to sweare and subscribe the famine Covenant Whereof and of the said Supplication Act of Councell and Act of the Assembly the tenour followes c. THE SUPPLICATION OF THE GEnerall Assembly conveened at EDINBURGH the 12. of August 1639. to his Majesties high Commissioner and the Lords of his Majesties Honourable Privie Councell WEe the Generall Assembly considering with all humble and thankfull acknowledgment the many recent favours bestowed upon us by His Majestie and that there resteth nothing for crowning of His Majesties incomparable goodnesse towards us but that all the members of this Kirk and Kingdome be joyned in one and the same Confession and Covenant with God with the Kings Majestie and amongst our selves And conceiving the main lett and impediment to this so good a work and so much wished by all to have been the Informations made to his Majestie of our Intentions to shake off civill and duetifull obedience due to Soveraignty and to diminish the Kings greatnes and authoritie and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an Union and for clearing of our loyaltie WEE in our own names and in name of all the rest of the Subjects and Congregations whom we represent do now in all humility represent to your Grace His Majesties Commissioner and the Lords of His Majesties most Honourable Privie Councell and declares before God and the world that we never had nor have any thought of with-drawing our selves from that humble and duetifull obedience to his Majestie and to his goverment which by the descent and under the reigne of 107. Kings is most chearfully acknowledged by us and our predecessours and that we never had nor have any intention nor desire to attempt any thing that may tend to the dishonour of God or the diminution of the Kings greatnesse and authoritie But on the contrary acknowledging our quietnes stabilitie and happines to depend upon the safety of the Kings Majesties Person and maintenance of his greatnes and royall authoritie who is Gods Vice-gerent set over us for the maintenance of Religion and ministration of Justice Wee have solemnly sworn and do sweare not only our mutuall concurrence and assistance for the cause of Religion and to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne his person and authority in the preservation and defence of the true Religion Liberties and Lawes of this Kirk and Kingdome but also in every cause which may concerne his Majesties honour shall according to the Lawes of this Kingdome and the duties of good Subjects concurre with our friends and followers in quiet manner or in Armes as we shal be required of his Majestie his Councell or any having his authority And therefore being most desirous to cleare our selves of all imputation of this kinde and following the laudable example of our predecessours 1589. do most humbly supplicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privie Councell to injoyn by act of Councell that this Confession and Covenant which as a testimony of our fidelity to GOD and loyaltie to our King wee have subscribed be subscribed by all his Majesties Subjects of what ranke and quality soever THE ACT OF HIS MAJESTIES MOST Honourable Privie Councell at Edinburgh August 30. Anno 1639. containing the answer of the Supplication above-written THe which day in presence of the Lord Commissioner and Lords of Privie Councell
compeired personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Douglas of Cavers Knight Sir Henry Wood of Bonytoun Knight John Smyth Burgesse of Edinburgh Mr. Robert Barclay Provest of Irwing Mr. Alexander Henderson Minister at Edinburgh and Master Archbald Johnstoun Clerk to the Generall Assembly and in the name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privie Councell the petition above written which being read heard and considered by the saids Lords they have ordained and ordain the same to be insert and registrate in the bookes of Privie Councell and according to the desire thereof ordaines the said Confession and Covenant to be subscribed in time comming by all his Majesties Subjects of this Kingdome of what rank and quality soever THE ACT OF THE GENERALL ASSEMBLY Ordaining by Ecclesiasticall authoritie the subscription of the Confession of Faith and Covenant THe Generall Assembly considering the great happinesse which may flow from a full and perfect Union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majestie and amongst our selves having by our great Oath declared the uprightnes and loyalty of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell to injoyne by Act of Councell all the Lieges in time comming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyalty to our King wee have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell have granted the desire of our Supplication ordaining by civill authority all his Majesties Lieges in time comming to subscribe the foresaid Covenant that our union may be the more full and perfect We by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the Heads and Clauses thereof and ordaines of new under all Ecclesiasticall censure that all the Masters of Universities Colledges and Schooles all Schollers at the passing of their degrees all persons suspect of Papistry or any other errour and finally all the members of this Kirk and Kingdome subscribe the same with these words prefixed to their subscription The Article of this Covenant which was at the first subscription referred to the determination of the generall Assembly being determined And thereby the Five Articles of Perth the governement of the Kirk by Bishops the civill places and power of Kirke-men upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk wee subscribe according to the determination foresaid And ordaines the Covenant with this declaration to be insert in the Registers of the Assemblies of this Kirk Generall Provinciall and Presbyteriall ad perpetuam reimemoriam and in all humility supplicates his Majesties high commissioner and the honourable Estates of Parliament by their authority to ratifie and injoyne the same under all civill paines which will tend to the glory of God preservation of Religion the Kings Majesties honour and perfect peace of this Kirk and Kingdome The Confession of Faith subscribed at first by the Kings Majestie and his Houshold in the yeare of God 1580. Thereafter by Persons of all rankes in the yeare 1581. By ordinance of the Lords of the secret Councell and acts of the Generall Assembly Subscribed again by all sorts of Persons in the yeare 1590. By a new ordinance of Councell at the desire of the Generall Assembly with a generall Band for maintenance of the true Religion and the Kings Person And subscribed in the yeare 1638. By Us Noblemen Barons Gentlemen Burgesses Ministers and Commons then under subscribing Together with our resolution and promises for the causes after specified to mainetaine the said true Religion and the Kings Majestie according to the Confession foresaid and acts of Parliament And now upon the Supplication of the Generall Assembly to his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell subscribed again in the yeare 1639. by ordinance of Councell and Act of the Generall Assembly WEe all and every one of us under-written protest that after long and due Examination of our owne consciences in matters of true and false Religion Wee are now throughly resolved of the Trueth by the word and Spirit of God And therefore wee believe with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this onely is the true Christian Faith and Religion pleasing God and bringing Salvation to man which now is by the mercie of God revealed to the world by the preaching of the blessed Evangel and received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirke of Scotland the Kings Majestie and the three Estates of this Realme as Gods Eternall Trueth and onely ground of our Salvation as more particularly is expressed in the Confession of our Faith stablished and publickly confirmed by sundry Acts of Parliaments and now of a long time hath beene openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Trueth and Veritie grounded onely upon his written Word And therefore wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kind of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirk of Scotland But in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and consciences of men all his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written Word the perfection of the law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our Justification by faith only our imperfect Sanctification and obedience to the Law the nature number and use of the Holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the word of God His cruell judgement against Infants departing without the Sacrament His absolute necessitie of Baptisme His blasphemous opinion of Transubstantiation or reall presence of Christs Body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemne Oaths Perjuries and degrees of Marriage forbidden in the Word His crueltie against the innocent divorced His divellish Masse His blasphemous Priesthood His profane Sacrifice for the sins of the dead and the quicke His Canonization of men calling upon Angels or Saints departed
living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties Subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above-written and a former large Confession established by sundry acts of lawfull General Assemblies and of Parliament unto which it hath relation set down in publick Catechismes and which had beene for many yeares with a blessing from Heaven preached and professed in this Kirk and kingdom as GODS undoubted Truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true worship of GOD and the Kings authority being so straitly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouths that the present and succeeding generations in this Land are bound to keep the foresaid Nationall Oath and Subscription inviolable Wee Noblemen Barons Gentlemen Burgesses Ministers and Commons under-scribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publick peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before GOD his Angels and the world solemnly declare that with our whole hearts wee agree and resolve all the dayes of our life constantly to adhere unto to defend the foresaid true religion and forbearing the practise of all novations already introduced in the matters of the worship of GOD or approbation of the corruptions of the publick government of the Kirk or civill places and power of Kirkmen till they be tryed and allowed in free assemblies and in Parliaments to labour by all meanes lawfull to recover the purity and liberty of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainely perceive and undoubtedly beleeve that the innovations and evills contained in our Supplications Complaints and Protestations have no warrant of the word of GOD are contrary to the articles of the foresaid Confessions to the intention and meaning of the blessed reformers of Religion in this Land to the above-written acts of Parliament and doe sensibly tend to the re-establishing of the Popish religion and tyranny and to the subversion and ruine of the true reformed religion and of our liberties lawes and estates Wee also declare that the foresaid confessions are to be interpreted and ought to be understood of the foresaid novations and evills no lesse than if every one of them had been expressed in the foresaid confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistry abjured therein And therefore from the knowledge and consciences of our duty to GOD to our King and Countrey without any worldly respect or inducement so farre as humane infirmity will suffer wishing a further measure of the grace of GOD for this effect Wee promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and obedience of the foresaid Religion That wee shall defend the same and resist all these contrary errours and corruptions according to our vocation and to the uttermost of that power that GOD hath put in our hands all the dayes of our life And in like manner with the same heart wee declare before GOD and Men that wee have no intention nor desire to attempt any thing that may turn to the dishonour of GOD or to the diminution of the Kings greatnesse and authority But on the contrary wee promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraigne the Kings Majestie his Person and Authority in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance every one of us of another in the same cause of maintaining the true Religion and his Majesties authority with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to every one of us in particular And that wee shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrary shall by all lawfull meanes labour to further and promove the same And if any such dangerous and divisive motion be made to us by word or writ wee and every one of us shall either suppresse it or if need bee shall incontinent make the same known that it may be timously obviated Neither doe wee fear the foul aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what wee doe is so well warranted and ariseth from an unfained desire to maintain the true worship of God the Majesty of our King and peace of the Kingdome for the common happinesse of our selves and the posterity And because wee cannot look for a blessing from God upon our proceedings except with our profession and subscription wee joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God Wee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endeavour to keepe our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of every duty wee owe to God and Man And that this our Union and Conjunction may bee observed without violation Wee call the living GOD the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as wee shall answer to JESUS CHRIST in the great Day and under the pain of GODS everlasting wrath and of infamie and losse of all honour and respect in this World Most humbly beseeching the Lord to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happy successe that Religion and Righteousnesse may flourish in the Land to the glory of GOD the honour of our King and peace and comfort of us all In witnesse whereof wee have subscribed with our hands all the premisses The article of this Covenant which was at the first subscription referred to the determination of the Generall Assembly being determined And thereby the Five articles of Perth
kept and holden in their saids Burghs upon the dayes hereby appointed and that no markets bee kept upon the Mundayes for the goods hereby discharged in time coming And last the saids Estates of Parliament discharges and prohibits all markets and trysts to be kept hereafter upon Sunday throughout all this kingdome and discharges all the Lieges from all keeping thereof upon Sunday hereafter and ordaines this Act to stand in full force as a law while the next assembly that the inconveniences redounding hereby to the Lieges being represented to that Assembly the Assembly may consider thereof and as they finde the same sufficient they may supplicate the next ensuing Parliament to rescind this Act in whole or in part as after triall it shall be found hurtful to the Lieges ACT XIV ACT FOR TAKING ORDER WITH THE Abuses committed on the Sunday by the confluence of people for hyring of shearers on Sunday FOrsamekle as the prophanation of the Sunday is greatly occasioned in the time of harvest by the great confluence of people to publick places as ports or streets of townes and paroch Kirkes of Landward everie Sunday from morning to preaching time for hyring shearers the week following whereof there ariseth also sundry tumults disorders swearing drinking and often fighting on the Sabbath day For remeed hereof the Estates of Parliament presently conveened by his Majesties special authority refers and remits the samine to be taken order with to the Justices of peace and Kirk Sessions where the abuse shall be committed hereafter by the coufluence of the said people and hyring of the saids shearers upon the Sunday as said is as the saids Justices of peace and Kirk Sessions shall find the saids abuses then to be committed to deserve ACT XV. FOR DIRECTING LETTERS OF HORNING And Caption by the Lords of Session against the excommunicate Prelates and all other excommunicate persons THe Estates of Parliament conveened by his Majesties speciall authoritie Considering the necessitie of reviving and putting in execution the 53. Act of the third Parliament of King Iames the sixth Anent Letters of horning and caption to follow upon excommunication of the Kirk after fourtie daies Renews and revives the said Act of Parliament and ordaines the Lords of Session to grant Letters and other Executorials against the excommunicate Prelates and all other excommunicate persons ACT XVI ANENT THE LARGE DECLARATION Or MANIFESTO THe Estates of Parliament conveened by his Majesties speciall Authoritie Considering that the supplication of the late generall Assembly to his Majesties Commissioner against a book called A large Declaration as followeth was presented unto Us by the Commissioners of the Kirk and recommended to his Majesties Commissioner for obtaining from his Majesties Justice and Goodnesse the desire thereof And as the said Book was examined by the appointment of the Assembly and found to be dishonourable to God and his true Religion to this Kirk and Kingdome to the Kings Majesty and to the Marques of Hammiltoun then his Majesties Commissioner and divers others persons therein and to be full of lies in averring known untruths in wilfull concealing and perverting many truths in wresting of intentions words and actions as is particularly contained in the censure of the book registrate in the Registers of Assembly So they having re-examined the same declares their judgement to be the same there-anent And therefore ordaines the Authours and Spreaders thereof to bee most severely punished according to the Lawes of this Kingdome against liesing-makers betwixt the Kings Majesty and his Subjects slanderers of the King and Kingdome and raisers of sedition and discord betwixt them that all others may be deterred from such dangerous courses Gods honour may be vindicate the innocencie of this Kirk and Kingdome and his Majesties Justice and goodnesse may appeare not onely in censuring such Malefactors but in discouraging all such underminers of his Majesties Throne and abusers of his Royall Name by prefixing the same to such scandalous and dishonourable Treatises ACT XVII STATUTARIE APPOINTING PARLIAments to be holden once every three yeare THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering that by reason of his Majesties ordinary residence forth of this his ancient and native Kingdome the grievances and complaints of his good Subjects cannot have so free and easie accesse to his Majesties eares as the same may be conveniently represented to his Majesties Commissioners and the Estates of Parliament from time to time and how necessary it is that frequent Parliaments be keeped within this Kingdome for preservation of the puritie of the true Religion now by Gods providence established within the same and for the equall and impartiall administration of Justice to all his Majesties Subjects and maintaining of peace and concord amongst them by applying of the true and lawfull remedies to their grievances and complaints and timous suppressing of all abuses and corruptions which otherwayes from small beginnings will grow to great disorders which frequent Parliaments were continually observed in this Kingdome before his Majesties Father of happie memorie went into England Have statute and ordained that every three yeare once at least a full and free Parliament shall be holden and oftner as his Majestie shall be pleased to call them within the bounds of this Kingdome in the most commodious place and convenient time to be thought upon appointed and affixed by his Majestie or his Commissioner for the time and the Estates of Parliament before the ending and closing of every Parliament and to be the last Act thereof And the whole Estates wisheth that as it was their happinesse to have his Majesties presence at all Parliaments while the King had his residence in this Kingdome so that his Majestie would be pleased to be present at each Parliament and they humbly supplicate his Majestie for that effect ACT XVIII ANENT THE KEEPERS OF THE CASTLES Of Edinburgh Striveling and Dumbartane THe Estates of Parliament presently conveened by his Majesties speciall Authority Considering that the commandement of the Castle of Edinburgh wherein the most part of the publike Registers and Records and the Honours of the Kingdome are keeped and siclike the commandement of the Castle of Striviling and Dumbartane being a charge of great weight and importance concerning as well the Kings Majesties honour and safetie as the securitie and safetie of this whole Kingdome ought not to be committed but to such persons as are knowne and approved by the whole course of their life to be true and faithfull Subjects to his Majesty and trustie and well affected Countrey-men loving and tendering the peace prosperitie and good of this whole Kingdome and the preservation and advancement of the true reformed Religion now therein by Gods providence established and professed and intertaining of Unitie betwixt the King and his good Subjects Have therefore statute and ordained and hereby statutes and ordains that the custody and keeping of the saids Castles shall be only intrusted to such persons as are natives
borne and bred within this Kingdome known and esteemed to be of the qualitie foresaid without exception and who before their entrie and admission to whatsoever charge place or service within the said Castles or any of them either as Captaines Constables Commanders Souldiers or Servants within the same shall be bound and oblisht by a solemne oath to be given and made by them and every one of them to make faith that they shall faithfully employ whatsoever power charge or service committed or that shall be committed to them within the saids Castles or any of them so far as they can or in them lyes to the Kings Majesties honour and safetie to the peace safetie good and prosperitie of this Kingdome and common-wealth and to the preservation and advancement of the true reformed Religion therein presently established and professed as they will answere to God Like as incase it shall happen any of the persons foresaids to doe or attempt any thing contrarie to the premisses or any part thereof It is statute and declared that they shall be punished with all rigour as Traitours and common enemies to the King and Countrey And farther That the Captaines and Commanders of the saids Castles shall be chosen by his Majestie from time to time by advice of the Estates of Parliament and that such as shall happen to be placed therein betwixt Parliaments shall be first tryed and found by his Majesties Councell to be of the qualitie above-exprest and shall have the charge thereof only to the next ensuing Parliament by the which they shall of new be tryed and allowed or otherwise his Majestie shall place others therein by the advice of the Estates as said is Alwayes without prejudice of the Earle of Mar his heritable right of the keeping of the Castle of Striviling ACT XIX ANENT PRODUCTION OF THE REGIsters and Records of Parliament to the first Session of each Parliament THe Estates of Parliament now presently conveened by his Majesties speciall Authoritie Considering that for the better clearing and resolving of all doubts and difficulties which may arise in Parliaments anent such matters as shall be brought in before them It is very necessar that they have inspection of the Books Registers and Records of Parliaments as they shall have occasion to make use thereof Have statute and ordained that in all times comming the Clerke of Register and his Deputes and such others who for the time shall happen to have the charge keeping or power of any of the saids Registers or Records shall be holden to exhibite and produce the same as they shall be required by the Estates in time of Parliament that they may have the use and inspection thereof upon all occasions as they shall thinke expedient for clearing of whatsoever difficulties And siclike that the Clerk of Register or some having power from him and intrusted with the keeping of the Registers shall be present at all times and shall be ready to give extracts to the Lieges in their particular affaires upon their reasonable charges and expenses and both these under the paine of deprivation of the party contraveening any of the saids members of the Acts or to be otherwayes more mildely or severely punished as the Parliament shall finde the fault to demerit ACT XX. DISCHARGING ALL PROXIES TO BE Admitted in Parliament and that no forraine Noble-man shall have place and voice in Parliament unlesse they have ten thousand merkes of land rent within the Kingdome THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering how farre the dignity honour and authoritie of the high and supreme Court of Parliament which is the great Councel of this Kingdom hath been and is yet likely to be farther diminished weakened by two reasons one is the giving of power of voicing and reasoning to Proxies and Procurators in absence of such as are al 's much tyed to give their personall judgement as their personall presence and hath all these honours riding sitting reasoning and voicing in Parliament only onferred on them and their Successours personally so that it is as absurd that they should give power to any to reason or voice for them as to give any power to ride and to sit in their place of honour and dignitie And it might tend to the weakning and utter overthrow of Parliaments For thus the absence of the most part of the best qualified and experienced might be supplied by Proxies granted to a few and of lesse abilities The other is the granting to strangers having titles of honour conferred on them without any other interest in this Kingdome power of sitting riding reasoning consulting and voicing in this Court of Parliament whereas none should be members of this Court but such as have enterest by Birth Bloud or Inheritance within this Kingdom and so may be sensible of the prejudice or advantage following the lawes and constitutions thereof Therefore the saids Estates statutes ordains that hereafter all Noblemen viz. Dukes Marquesses Earles Vicounts and Lords shall give their personal presence in all Parliaments so being personally present reason and advise voice and no wayes by proxies or procurators but dischargeth any such procurator and commissions in all time comming and that no persons shal hereafter have any place or voice in Parliament as said is but such Noblemen before specified and Commissioners from Shyres and Burrows as have enterest either by Birth Bloud or by Inheritance within this Kingdome and that proportional to the honor and dignity they carry which in the least proportion for every Nobleman must be ten thousand marks by yeare of land rent And that notwithstanding any gifts or patents granted or to be granted to any person whatsoever Such-like the estates foresaid casses and annulls all acts and constitutions any wayes derogatory to this present Act or any part thereof ACT XXI ACT DISCHARGING THE GRANTING Of Protections by the Lords of Councell and Exchequer FOrsameekle as the Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering the great prejudice and hurt sustained by his Majesties Highnesse lieges by the frequent granting of Protections and Supersederes and remembring herewithall that his Highnesse Umwhile dearest Father of worthie memorie by the 47. Act of his eleventh Parliament anno 1587. intituled All Supersederes as contrair to the furtherance of justice are forbidden Of the which Act the tenour followeth Forsameekle as our Soveraign Lord and the Estates of this present Parliament understanding great contempt to be done to his Highnesse Lawes and great hurt to his lieges by passing of Licences and Supersederes which daily uses to be granted to such as either by themselves or other friends have credit of his Majesty they being at his Highnes Horne either for causes of Treason or not satisfying of their debts to their creditours for not obtempering decreets and charges Therefore our Soveraigne Lord with advice foresaid statutes and ordaines that no such Licences and Supersederes be granted
and Vassals of the said Kirk lands and erections are obliged by their new infeftments under the great Seale to pay the saids Few-fermes and duties to the Kings Majestie and His Successours And so are lyable to double payment thereof without remeed bee provided It is therefore statute and ordained by the saids Estates that the saids Fewars and Vassals of Kirke lands and erections their heirs and successours shall bee obliged to make thankfull payment of the saids Few-fermes and duties and services used and wont contained in their Infeftments and whereof the saids Superiours and Titulars have beene in possession preceding that surrender foresaid to the saids Superiours and Titulars their heirs and successours aye and while they get payment of the prices modified by the saids Lords and others of the Commission foresaid And that Letters of horning and poinding shall be granted to that effect without prejudice alwayes to his Majestie and his Successours 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 Majestie and his successours Like as it is declared that the saids Fewars and Vassals of Kirke lands and erections have beene in bona fide in payment of the saids Few-fermes and dueties to the saids Superiours and Titulars of all termes by-gone according to the provision contained in the said generall surrender ACT XXV APPOINTING ALL GRIEVANCES TO Be given in plaine Parliament THE Estates of Parliament presently conveened by his Majesties speciall Authority considering that the Act of Parliament made in Anno 1594. in the 14. Parliament of King James the 6. cap 218. whereby all matters and grievances to be given in to Parliament are appointed to be given to his Majesties Clerk of Register and by him presented to the Estates Hath bred great hurt and prejudice to the liberties and freedome of this Kirke and Kingdome and Subjects thereof in time bygone as is evident by experience of the evils that hath flowed therefrom Therefore the saids Estates for remeed hereof retreats rescinds casses and annuls the foresaid Act of Parliament and declares the same to be null and of none availe force nor effect in all time comming And ordaines and appoints all grievances and other matters that are to be handled and treated of in Parliament hereafter to be given in and presented in open and plaine Parliament in all time comming ACT XXVI FOR SUPPRESSING THE DISTINCTION Of spirituall and temporall Lords of Session THe Estates of Parliament presently conveened by his Majesties speciall Authority casses annulls and rescinds that Article of the first Act of the fifth Parliament holden by King James of fifth of worthy memory Anent the institution of the Colledge of Justice bearing That the Lords of Councell and Session shall be chosen halfe spirituall halfe temporall And decernes and ordaines the whole number to be temporall and none of them spirituall And the foresaid distinction of spirituall and temporall to be supprest and forgotten in all time comming ACT XXVII ACT AGAINST LIESING-MAKERS OF Whatsoever qualitie office place or dignitie THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering the Honour Dignitie and Authoritie of the supreme Court of Parliament over the Councell and Session and all other civill Judicatories of this Kingdome which have their originall their power and antiquitie from the Kings Majestie and the Estates of Parliament is subordinate thereunto and ought to be countable and censurable by them for their abusing of their power to the prejudice of the Countrey For the weale whereof they were established according to the twelfth Act of the second Parliament of King James 4. wherein the Kings Councell was sworn in presence of the three Estates to give his Highnesse a true and effauld Counsell in all matters concerning his Majestie and his Realme And to bee responsall and accusable to the King and his Estates of their Counsell Considering also that during his Majesties absence forth of this Kingdome it is most necessar for the publick peace of this Kingdome and his Majesties honour that all misinformers raisers and entertainers of jealousies suspitions and divisions betwixt the King this Kirke and Kingdome should be severely punished and especially all bad Counsellers who in stead of giving his Majestie a true and effauld Counsell hath given or will give information and counsell to the evident prejudice and ruine of the liberties of this Kirk and Kingdome should bee exemplarly judged and censured by the Kings Majestie and the Estates of Parliament Therefore they renue and revive all Acts of Parliament made against liesing makers raisers and entertainers of jealousies contentions and divisions betwixt the Kings Majestie and this Kirk and Kingdome And declares that no dignitie qualitie place or office whatsoever shall exeeme these or any person whatsoever from the censure of the said Acts. ACT XXVIII ANNVLLING ALL UNLAWFULL AND Unjust Proclamations made under the paine of treason against the disobeyers FOrsomuch as the Estates of Parliament presently conveened by his Majesties speciall authoritie having taken to their consideration that there hath been diverse unjust and unlawfull Proclamations made commanding the obedience of things unjust and unlawfull tending to the overthrow and prejudice of the lawes and liberties of Kirke and Kingdome under the paine of treason As also declaring the disobeyers of these unlawfull and unjust proclamations to be rebels and traitours which is a-against law equity and reason no triall nor declaratour of treason having proceeded against them of before Findes and declares all these proclamations with the pretended Acts and warrands for making and proclaiming thereof to be null and of none availe force nor effect with all that hath followed or may follow thereupon And therefore the saids Estates of Parliament casses and annulls the foresaids pretended proclamations with all the said Acts and warrands whereupon the same proceeded And findes and declares that no person nor persons can be declared traitours but either by the Parliament it selfe and by Act and Sentence thereof or then by the lawfull ordinar Judge after tryall And finding that the saids persons hath contraveened a law and Act of Parliament made under the paine of treason against the disobeyers and contraveenars thereof ACT XXIX EXPLAINING THE PRECEDING ACTS Of Parliament made against Bands and Conventions amongst the Subjects as also declaring the Bands and Conventions made and kept since the beginning of the present troubles to be legall and lawfull TOrsomuch as the Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering that by the twelfth Act of the tenth Parliament of the Kings Majesties umwhile dearest Father of eternall memory All Leagues and Bands amongst the Subjects are discharged and by the 131. Act of the eighth Parliament of the Kings umwhile dearest Father All Councels Conventions or Assemblies without the Kings command or licence are also discharged under the paines ordained by the Acts of
endured patiently and thereby given an evident demonstration to the world of the loyalty of their affections to their Soveraigne which no extremitie shall ever make them to forget And now being prest by the present exigence of the Estate of this Kingdome and bound by the necessity of that naturall duety they owe to themselves and their posterity to provide for the safety of the Common-wealth and their owne and timously to prevent the utter ruine of this Nation which can no longer subsist under so great a burden That time appointed being come to the which the Parliament was prorogate and no advertisement come from his Majestie to them anent any course to bee taken for remeeding of the great disorders they being the great Councell of the Kingdome could not bee altogether so forgetfull of themselves and deficient to their Countrey as to suffer this Parliament which they had so often petitioned from his Majestie which was conditioned and accorded by the saids Articles of Pacification and indicted by his Majesties Authority to bee deserted and expired without any conclusion to the good of the Common-wealth in so great extremity But rather thought themselves bound in conscience and duety to proceed to the determination of such matters as are necessary for the establishing of the peace of this Kirk and Kingdome as being the expresse and speciall ends of all their Supplications and agreeable to the saids Articles of Pacification without trenching any wayes on Soveraignitie or derogating in any sort from his Majesties Royall Authority but on the contrary only looking first upon the constitutions of the generall Assembly past in presence of his Majesties Commissioner and the necessary consequences thereof and then providing remedies for the present evils of the Kingdome by removing the cause and establishing necessary conclusions for preventing the like hereafter In doing whereof as they have proceeded uprightly in the way of Justice and with all due reverence and regard to his Majesties Authority and thereby have stopped the calumnious mouthes of their adversaries so they rest assured that his Majesty after due examination of their proceedings finding the same agreeable to the fundamentall lawes and customes of this his ancient and native Kingdome and no wayes repugnant to Monarchicall government will out of his Royall Justice and goodnesse give his full consent thereunto And thereby totally remove and extinguish all ground and occasion of controversie against his faithfull and loyall Subjects restore this Kingdome to a perfect and sollid peace which they pray the LORD to put in his Majesties Royall Heart that he may long and prosperously reigne over them And on the other part considering from by-gone experience how malicious and diligent their adversaries will be to calumniate these their proceedings and by their suggestions to the Kings Majestie and to the Lieges to kindle and entertaine factions and divisions thereanent and how necessary it is for the safety and peace of this Kirk and Kingdome that the members of both doe unanimously with heart and hand testifie by their subscription their resolution and obligation to acknowledge this Parliament so often desired by their petitions and supplications and conveened by his Majesties solemne indiction according to the Articles of Pacification to be a free lawfull and necessarie Parliament and to obey observe and maintaine the same for themselves constantly and faithfully and to the uttermost of their power to joyne and concurre in their severall stations and callings with others to advance further and assist the execution obedience and observing of the Acts and Constitutions of this present Parliament as the most sit and necessarie remedies of the by-gone and present evils and distractions of this Kirk and Kingdome and for preservation of the Religion laws and liberties thereof and of his Majesties Authoritie and that in the first Parliament which shall be holden hereafter within this Kingdome and at all other occasions against any opposition whatsoever except in so farre as shall hereafter be thought sit and expedient by the common advise and consent of the Estates They have ordained and ordaines the Band under-written to be subscribed by all the Members of Parliament present and absent and by all Noble men Barons Burgesses and all other Subjects and inhabitants of the Kingdome in their Shires and Burghs as they shall be directed by the Commissioners of Parliament left at Edinburgh and to be reported to the Clerk betwixt and the first day of September next with certification that such as refuse or post-pone and delay to subscribe the same shall be holden as Enemies and Opposites to the common Cause consisting in the maintenance of the true reformed Religion and of the laws and liberties of this Kingdome and his Majesties Authoritie WEe Noble-men Barons Burgesses and others under subscribers Considering how necessarie it is to establish our Union in the preservation and maintenance of the Religion Laws and Liberties of this Kingdome and of his Majesties Authority and to prevent all factions contentions and divisions which may arise in prejudice thereof from malicious suggestions and mis-informations of our adversaries doe all and every one of us with our heart and hand testifie and declare our Resolution and Obligation for the reasons and causes at length exprest in the Act of Parliament immediately preceding to acknowledge the foresaid Parliament to have been and to be a free and lawfull Parliament Like as we binde and oblish us and every one of us upon our honours and credit and as we desire to be and to be holden true lovers of our Countrey and of the Religion laws and liberties thereof effauldly and faithfully to the uttermost of our power To joyne and concurre with our persons and estates every one of us according to our severall stations and callings in the maintenance of the freedome and lawfulnesse of the foresaid Parliament and in the advancement furtherance and assistance of the execution obedience and observation of the Acts and Constitutions thereof as the most sit and necessarie remedies of the by-gone and present evils and distractions of this Kirk and Kingdome and for the preservation of Religion laws and liberties thereof and of his Majesties Authoritie and that in the first Parliament which shall be holdeu hereafter within this Kingdome and at all other occasions and against any opposition whatsoever except in so far as shall be hereafter thought sit and expedient by the common advise and consent of the Estates In witnesse whereof we have signed and subscribed these presents with our hands At c. ACT XXXIX DECLARING THE PARLIAMENT Current and continuing the same while the nineteenth of November next THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Continues this present Parliament and all matters and actions belonging thereto while the nineteenth day of November next to come At the which day ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the same to be appointed to
the two last Acts of continuation thereof the one bearing date the 19. of November 1640. and the other bearing date the 14. of January last by-past 1641. And in the mean time the Estates declares the said Parliament to be current to the effect above-written unto the day foresaid with continuation of dayes and ordaines the whole Acts and Statutes made and concluded in plaine Parliament in that Session thereof in June last by-past together with all former Acts of continuation made by the said Estates to stand and have the force and strength of Laws and Acts conform to the tenours thereof such like as any Acts and Statutes of any preceding Parliaments in any time by-gone And namely but prejudice of the generalitie foresaid the Act of the Committee of Estates to stand in full force in all the clauses thereof aye and while it be discharged by the Estates And ordaines the foresaids Acts with the Act of Election of Robert Lord Burghlie to be preses at this meeting of Estates together with this present Act of continuation to be published and printed conforme to the last Act of continuation of the date foresaid notwithstanding of this present continuation of the Parliament to the day above-written ACTS DONE AND PAST AT EDINBURGH May 25. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be President of this meeting of Estates in Parliament THe Estates of Parliament presently conveened by his Majesties speciall Authority this 25. day of May 1641. yeares to the which day the Parliament was continued by the last act of continuation thereof of the date the 13. day of April 1641. yeares foresaid Did unanimously with one uniforme consent elect and chuse Robert Lord Burghly to be President of this their meeting of Estates in Parliament ACT IIII. ACT ANENT THE CONTINUATION Of the Parliament to the 15. day of July 1641. yeares with continuation of dayes THE Estates of Parliament presently conveened by his Majesties speciall authority yet as of before continues this present Parliament and all summonds and actions intended or depending with all supplications grievances and other matters belonging to the said Parliament against all parties cited or desired to be sent home to Scotland as Incendiaries or cited for other crimes or causes and the former citations and continuations thereof and this present continuation to continue in the same force strength and effect as they were at the severall daies of compearances respectivè whereunto they were cited and as if they had been called or were now called per expressum upon the saids severall daies whereunto they were cited respective as said is or upon the severall daies of continuation whereunto this Parliament was continued from time to time notwithstanding of the not calling of them publikely in judgment at none of the saids dayes which was no wayes necessary to have beene done nor to be done before insisting against them in respect that they were both cited to severall daies of compearance with continuation of dayes that the Parliament was continued from time to time to certaine other daies also with continuation of dayes to the fifteenth day of July next to come with continuation of dayes and that for satisfying his Majesties gracious desire signified by his Majesties letter direct to the Estates for that effect beating date the 18. of May 1641. yeares And also for sundry grave and weighty considerations concerning the weal of the Estate Kirk and Kingdom known to the Estates But prejudice alwaies to the Estates of Parliament of their undoubted libertie to sit without prorogation except they consent to a prorogation and that by reason that all Acts of prorogation of Parliament are Acts of Parliament and no Acts of Parliament can be made without consent of the Estates conveened and sitting in plaine Parliament AT the which fifteenth day of July next to come ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the famine to be holden for the time And such like ordaines his Majesties Advocate and Procutors of Estate all and every one of them to compeare and attend and to insist as they shall be commanded by the Estates against whatsoever persons indited or to be indited And discharges the said Advocate and Procutors every one of them to consult with or take upon hand directly or indirectly to defend any who shall seek their advise for pleading or maintaining them in any sort against any pursuit moved or to be moved against them in Parliament for any crime against the publick or to give any information for that effect And that because it is incumbent to the Kings Majesties Advocate and Procutors of Estate to pursue all who happens from time to time to be cited to the Parliament for any offence against the publike and no wayes to take their Patrocinie but prejudice likewise of the power granted to the Cornmittees of Estate contained in the Act of this present Parliament made thereanent dated the 11 of June last and mentioned in the three last Acts of continuation thereof The first dated the 19. November 1640. the second the 14. of January 1641. and the third dated the 13. of Aprill the same year 1641. yeeres And in the mean time the Estates declares the said Parliament to be current to the effect above-written unto the day foresaid with continuation of dayes and ordaines the whole Acts and Statutes made and concluded in plain Parliament in that session thereof in June last by-past together with all the former Acts of continuation made by the saids Estates to stand and have the force and strength of Lawes and Acts conforme to the tenours thereof such like as any Acts and statutes of any preceding Parliaments in any time by-gone And namely but prejudice of the generality foresaid the act of the Committee of Estates to stand in full force in all the clauses thereof ay and while it be discharged by the Estates and ordaines the foresaids Acts with the Act of election of Robert Lord Burghlie to be preses of this meeting of Estates together with this present Act of continuation to be published and printed conform to the last act of continuation of the date foresaid notwithstanding of this present continuation of the Parliament to the day above-written ACTS DONE AND PAST IN THE LAST SESSION OF THE SECOND PARLIAMENT OF OUR SOVERAIGN LORD c. Beginning the 15. day of June 1641. and ending the 17. of November the same year according to the severall dates respective after specified prefixed thereto ACT V. ANENT THE OATH TO BE GIVEN BY Every member of Parliament August 18. 1641. FORSOMUCH as the honour greatnesse and happinesse of the Kings Royall Majestie and the welfare of the Subjects depend on the puritie of Religion as it is now established in this Kingdome the laws liberties and peace thereof which ought to be sought after by all good Christians loyall Subjects and true Patriots And to be furthered and maintained by
them against all such as by any meanes endeavour to shake or subvert the same THEREFORE We under-subscribers and every one of Us do in the presence of almightie God promise and vow That in this present Parliament We shall faithfully and freely speak answer and expresse our selves upon all and every thing which is or shall be proponed so farre as we think in our conscience may conduce to the glorie of God the good and peace of the Church and State of this Kingdome and imploy our best indeavours to promove the same And shall in no wayes advise voyce nor consent to any thing which to our best knowledge we think not most expedient and conduceable thereto as also that we shall maintaine and defend with our Life Power and Estate His Majesties Royall Person Honour and Estate as is exprest in our Nationall Covenant And likewise the Power and Priviledges of Parliament and the lawfull Rights and Liberties of the Subjects and by all good means and wayes oppose and indeavour to bring to exact tryall all such as either by force practise counsell plots conspiracies or other wayes have done or shall do any thing in prejudice of the puritie of Religion the Laws Liberties and Peace of the Kingdome And further that we shall in all just and honourable wayes indevour to preserve union and peace betwixt the three Kingdomes of Scotland England and Ireland and neither for hope feare nor other respect shall relinguish this vow and promise Read in audience of the Kings Majestie and the Estates of Parliament who approve the same and appoint the said oath to be taken by all members of this Parliament and in all Parliaments hereafter before they proceed to any act or determination ACT VI. ACT ANENT THE RATIFICATION OF The Articles of the Treatie superscribed by the King and subscribed by the President of the Parliament August 26. 1641. OUR Soveraign Lord and Estates of Parliament Ratifies and approves the articles of the large treaty concerning the establishing of the peace betwixt the Kings Majestie and his people of Scotland and betwixt the two Kingdomes of Scotland and England And for his Majestie and his successours perpetually confirmes the same ordaining the same in all time comming to have the full force and strength of perfect security lawes and acts of Parliament Like as his Majesty for Himself and his Successours promiseth in verbo Principis never to come in the contrary thereof for any thing therein contained but to hold the same firme and stable and shall cause it to be truly observed by all his Majesties Lieges according to the tenour intent thereof for now ever Wherof the tenour followes WHereas by his Majesties Royall Wisedome and Princely care of the Peace and Happinesse of his Majesties Dominions a Treaty hath beene appointed for removing of all differences raised betwixt the two Kingdomes and betwixt the King and his Subjects of Scotland and for setling and assuring a firme and blessed Peace for all time to come and a Commission hath been given under the great Seale of England with approbation of both Houses of Parliament bearing date 23. of November in the 16. yeare of his Majesties raigne and in the words following CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith c. To our Right trusty and right welbeloved Cousins Francis Earle of Bedford William Earle of Hartford Robert Earle of Essex And to our right trusty and right welbeloved Cousin and Councellour William Earle of Salisbury And to our right trusty and right welbeloved Cousin Robert Earle of Warwick And to our right trusty and right welbeloved Cousin John Earle of Bristoll And to our right trusty and right welbeloved Cousin and Counsellor Henry Earle of Holland And to our right trusty and right welbeloved Cousin and Councellour Thomas Earle of Berks And to our right trusty and welbeloved Philip Lord Wharton William Lord Paget Edward Lord Kimbalton Robert Lord Brooke John Lord Paulet Edward Lord Howard of Estrick Thomas Lord Savil and Francis Lord Dunsmore Greeting Whereas divers of our Subjects of Scotland have by their severall Petitions humbly besought us that we would be gratiously pleased to grant unto them certaine Demands we reposing especiall trust and confidence in your great wisedomes and fidelities have named assigned and appointed you and by these presents doe name assigne and appoint you to be our Commissioners and doe hereby give and grant unto you or any ten or more of you full power and authority to treat with John Earle of Rothes Charles Earle of Dumfermling John Lord Loudoun Sir Patrick Hepburne of Wauchton Sir William Douglas of Cavers William Drummond of Riccarton John Smith Baily of Edinburgh Alexander Wedderburne Clerke of Dundy Hugh Kennedy Burgesse of Air Alexander Hendersone and Archibald Johnstoun or any of them Or any other deputed or to be deputed by our said Subjects of Scotland or nominated on their behalfe and to take into your serious consideration the said Demands and compose conclude and end all differences arising thereupon Or otherwayes as you or any ten or more of you in your wisedomes shall thinke fit And whatsoever you our Commissioners aforesaid or any ten or more of you shall doe in the premisses We doe by these presents ratifie and confirme the same In witnesse whereof We have caused these our Letters to be made Patents Witnesse our selfe at Westminster the three and twentieth day of November in the sixteenth yeare of our Raigne Per ipsum Regem AND IN LIKE MANNER A COMMISSION hath beene granted by the Committees of the Parliament of Scotland bearing date the last of October and the 4 day of November 1640. and in the words following WEe the Commissioners of the Parliament of Scotland being a full number of both the Quorums thereof under-subscribing Forsomuch as the Kings Majesty our dread Soveraign hath been graciously pleased upon our humble supplications to appoint a Treaty and Conference at Rippon betwixt our Commssioners chosen and sent by Us for that effect and a number of the Peeres of England who accordingly met and have accorded upon certain Articles as well anent the maintenance of our Armie as anent the cessation of Arms during the Treatie And because the time for the ensuing Parliament of England could not permit the Treaty to come to the wished conclusion there his Majestie was therefore likewise pleased to trans-ferre the said Treatie to London where the said Parliament is to hold that there these entrusted by his Majestie and Estates of Parliament may have the better time and place to treat and conclude thereanent Therefore Wee the said Commissioners being a full number of both Quorums thereof under-subscribing by vertue and conforme to the Commission granted to us by the Estates of Parliament doe not onely approve the said Articles already agreed upon and subscribed by our said Commissioners at Rippon but also doe by these presents give full power warrant
any of the Kingdomes shall rise in arms or make war against any other of the Kingdoms and subjects thereof without consent of the Parliament of that Kingdome whereof they are subjects or upon which they doe depend that they shall be held reputed and demained as traitours to the States whereof they are subjects And that both the Kingdomes in the cases aforesaid bee bound to concurre in the repressing of these that shall happen to arise in Armes or make warre without consent of their owne Parliament And that the way of conveening Forces for suppressing such as levie warre bee as in case of Invasion Provided that this bee not extended to particular quarrells upon the borders And that it bee enacted that in such case It shall be lawfull for any of the subjects to conveene to suppresse such evill affected persons And that each Kingdome shall bee bound by publike faith punctually to performe this Article And if eyther parliament shall denounce warre they shall give three moneths warning That the Peace to be now established may be inviolably observed in all time to come It is agreed that some shall be appointed by his Majestie and the Parliaments of both Kingdomes who in the interim betwixt the sitting of the Parliaments may be carefull that the peace now happily concluded may be continued and who shall endeavour by all means to prevent all trouble and division And if any debate or difference shall happen to arise to the disturbance of the common peace they shall labour to remove or compose them according to their power It being supposed that for all their proceedings of this kinde they shall be answerable to the Kings Majestie and the Parliaments And if any thing shall fall forth which is above their power and cannot bee remedied by them they shall informe themselves in the particulars and represent the same to the Kings Majestie and the ensuing Parliaments that by their wisedome and authoritie all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all Posteritie And it is declared that the power of the Commission shal be restrained to the articles of peace in this treatie Whereas it is desired that an Act may be made in the Parliament of England for ratifying of the Treatie and all the Articles thereof which is likewise to be ratified in the Parliament of Ireland which in all the Articles is comprehended under the name of England and after the Treatie is confirmed in the said English Parliament and all other necessarie conditions performed and Armies on both sides shall at a certain day to be appointed for that effect remove and disband So that when the Scottish Armie shall remove from New-castle the English Armie shall likewise be disbanded and repaire home to their severall Countries and places of their residence and the Irish Army to disband before that time that hereafter a quiet and durable peace may bee kept according to the Articles And that this Treaty and whole proceedings thereof may be likewise ratified in the Parliament of Scotland and a firme Peace established It is desired that his Majestie may bee graciously pleased now to declare That the ensuing Parliament of Scotland shall have full and free power as the nature of a free Parliament of that Kingdome doth of it self import to ratifie and confirm the Treatie and whole Articles thereof and to receive account of all Commissions granted by them examine their proceedings and grant exonerations thereupon And to treat deliberate conclude and enact whatsoever shall be found conducible to the settling of the good and peace of that Kingdome And that his Majesties Commissioners shall be authorized with full power to approve whatsoever Acts and Statutes which upon mature deliberation shall happen to be accorded unto by the Estates in that behalfe and shall sit and continue without interruption or prorogation while all things necessary for that effect be determined enacted and brought to a finall conclusion unlesse for better conveniencie of affairs his Majesties Commissioner with the speciall advice and consent of the Estates shall thinke fit to adjourne the same to any other time which shall no wayes derogate from the full and perfect concluding of the whole premisses before the said Parliament be dissolved This whole Article is assented unto but in so farre as concerns the dayes and circumstances of disbanding to be agreed upon Forasmuch as the severall jurisdictions and administrations of Justice in either Realme may be deluded or frustrated by delinquents for their owne impunity if they shall commit any offence in the one Realme and thereafter remove their persons and make their abode in the other Therefore that no person sentenced by the Parliament of either Nation as Incendiaries betwixt the Nations or betwixt the King and his people shall enjoy any benefit Civill or Ecclesiasticall or have any shelter or protection in any other of his Majesties Dominions Like as where Malefactors and Criminals guilty of the crimes mentioned in the Act of Parliament 1612. Cap. 2. and others of that nature and committed by Scottishmen within the Kingdome of England or Ireland or any part thereof are taken and apprehended in England or Ireland that it shall be lawfull to the Justiciars of England or Ireland to remand them to Scotland as the Act beares And further if any Malefactors committing crimes in Scotland England or Ireland being duly processed in the Kingdome where the crimes are committed and being Fugitives and remayning in any other of the Kingdomes foresaid that the Judges of either Kingdomes shall be holden at the instance and suit of the party offended to take and remand the Criminals and Malefactors to the Kingdomes where the Crimes were committed And the like Act to be made in Scotland and this Act would be extended as well to debts as crimes And what further is requisite concerning this and other particulars for setling of Peace in the middle shires and accelerating Justice upon delinquents both Civill and Criminall Is to bee considered by the Committee to be appointed for that effect It is answered that such persons as shall be Natives in either Kingdome and shall commit any offence in the Realme whereof they shall be Natives and shall afterwards remove their persons into the other and such persons as shall be inhabitants in either Kingdome and shall commit any offence in the Realme where they shall be inhabitants during the time of their habitation there and shall afterwards remove their persons into the other and shall be for that same censured by the Parliament of that Nation where the offence was committed as Incendiaries betwixt the Nations or betwixt the King and his people shall not enjoy any benefit Civill or Ecclesiasticall or have any protection in any other of his Majesties Dominions And that such Scotish Natives incensing the King of England against the Kingdome of Scotland shall be remanded at the desire of the Scottish Parliament into Scotland to abide their
tryall and censurethere so that the same be reciprocall to both Nations but other Criminalls and Debts to be referred to the Laws THE PROPOSITIONS AND ARTICLES Given in by the Scots Commissioners after the Lord Loudoun his return from the Parliament of Scotland THat the Treatie of Peace may bee brought to a speedy and happy close wee did offer to your Lordships consideration the particulars following 1 That so soone as the Scottish Army shall remove out of England to Scotland the English Garrisons of Barwick and Carlile should remove simul semel 2 Lest Malefactors who have committed Theft Murther and the like crimes crave the benefit of the Act of Pacification and Oblivion for whom it is no wayes intended there would be an exception from the said Act of all Legall pursuit intended or to be intended within the space of an yeere after the date of the Treaty Again all Theeves Sorners Out-laws Fugitives Murtherers Broken men or their Receptors for whatsoever Theft Reifs Harships Oppressions Depredations or Murther done or committed by them and all lawfull Decrees given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to dignosce and take cognition whether the same fals within the said Act of Pacification and Oblivion or not 3 It is desired that the demand concerning the not making or denouncing of warre with Forraigners without consent of both Parliaments may be condescended unto by the King and Parliament of England which is ordinary and universally observed in all mutuall Leagues which are both defensive and offensive And because the wars denounced by one of the Kingdomes with Forraigners although made without consent of the other Kingdome will ingage them by necessary consequence or if the consideration of that Proposition shall require longer time then the present condition of the important affaires of the Parliament may permit and lest the speedie close of the Treaty bee thereby impeded It is desired that this Demand with the two other Articles of the same nature the one concerning Leagues and Confederations and the other concerning mutuall supply in case of forreigne invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have power to treat and advise there upon for the good of both Kingdomes and to report to the Parliaments respectivè 4. It is desired That the Articles concerning Trade and Commerce Naturalization mutuall Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England And namely that demand about the pressing of ships or men by Sea or Land Or if shortnesse of time and exigencie of affaires may not permit the present determination of these Demands It is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof for the good of both Kingdomes And to make report to the Parliaments respectively And that the Charters or Warrants of the Scottish Nation for freedome of shipping in England or Ireland from all Customes Imposts Duties and Fees more then are payed by the Natives of England and Ireland granted by King James under the broad Seal of England upon the eleventh of April the thirteenth yeere of his Reigne and confirmed by King Charles the nineteenth of April the eighth yeere of his Reigne may be ratified and enacted in the Parliament of England 5. That the extracts of Bands and Decreets put upon Record and Register in Scotland may have the like faith and execution as the French Tabelliones have in England or Ireland seeing they are of alike nature and deserve more credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments 6. The manner of safe conduct for transporting the money from England to Scotland by Sea or Land would be condescended upon in such a way as the charges be not exorbitant 7. The tenour of the Commission for conserving of peace would be condescended unto together with the times and places of meetings and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make like Commission and name their Commissioners for that effect 8. The Parliament of Scotland doe joyne their earnest hearty desire and crave the Parliament of Englands concurrence that none be in place about the Prince his Highnesse but such as are of the reformed religion 9. That an Act of Parliament of publike faith for payment of the 220000. pounds of the brotherly assistance which is arrear may be presently framed and expedited according to the termes agreed upon 10. It is desired that the Quorum to whom the Scots should addresse themselves for payment of 220000. pounds be condescended upon 11. That the order for recalling all Proclamations c. made against his Majesties subjects of Scotland be drawn up and intimated in due forme and time with the publick thanksgiving at all the Parish Churches of his Majesties Dominions 12. It is desired that the Articles concerning the Castle of Edinburgh and other strengths of that Kingdom may be understood to be that the same shall bee disposed of for the weale of the Kingdome as the King and Parliament shall think expedient THE ENGLISH LORDS COMmissioners answer THat upon the disbanding of the Scottish Army the Garrisons of Barwick and Carlile shall be removed according to the Article of the Treatie on that behalfe The second Article is condescended unto according to the provision added to the Act of Oblivion and Pacification 3.4.5.6 The third demand concerning the making of war with forreigners with the other two Articles concerning Leagues and Confederations and concerning mutuall supply and assistance against forraine invasion is agreed to be referred to Commissioners to be chosen by his Majesty and the Parliaments As likewise the 4.5 and 6. Articles concerning Trade Commerce Naturalization mutuall priviledge and capacity and others of that nature and the demands concerning the extracts of Bands and Decreets and the maner of safe conduct for transporting of moneys from England to Scotland are all referred to be taken in consideration by the Commissioners to be appointed by both Parliaments who shall have power to advise and treat thereupon and report to the Parliaments respectively 7 It is just that the tenour of the Commission for conserving of peace should be agreed upon by mutuall consent but the closing of the treaty not to stay hereupon but to be left to the Commissioners to be named 8 To that desire concerning such as should be placed about the Prince the King hath already given a cleere and satisfactory answer 9 That there be an Act of Parliament of publike faith for securing the paiment of 220000 pounds which is
NON-COMMUNICANTS And Excommunicate Persons 10. September 1641. OUR Soveraigne Lord and Estates of Parliament Ratifies the two Acts of Parliament anent the escheats of excommunicate persons made by his Majesties Father of blessed memory one therof Par. 14. cap. 197. and the other Par. 20. cap. 3. with the addition and declaration following that no gift of escheat past or to bee past upon excommunication or horning upon excommunication shall be vallid but the samine is declared to have been and to be null in all time comming by way of exception or reply and declares the saids two Acts ratified as said is with the addition foresaid made thereto to be extended to all excommunication pronounced or to be pronounced against whatsoever person or persons and for whatsoever causes And further His Majestie and Estates foresaid Ratifies and approves the Act made by his Majesties Father Par. 16. cap. 17. anent non-communicants every year once with this declaration and addition that the penalties of the contraveeners modified in the said Act be payable in all time coming to the several Presbyteries within the Jurisdiction whereof the contraveeners dwell to be applied by them ad pios usus And that the said Presbyteries or any they appoint shall have power to crave receive and pursue for the same And further Our Soveraigne Lord and Estates foresaids for the greater terror and the more effectuall reclaiming of all excommunicate persons declares that all persons whatsoever according to the degrees and qualities mentioned in the said Act lying under the sentence of excommunication shall be lyable to the paines and penalties therein contained and that yearely after the sentence of excommunication ay and while they be relaxed therefrom and reconciled to the Kirk And also declares that the said yearely penalties against excommunicate persons shall pertain to every paroch Kirk and Kirk session in burgh or land-ward within their owne bounds to be applyed ad pios usus And that they or any person they appoint shall have power to crave receive and pursue the famine to be applyed to the pious uses of the severall paroch Kirk sessions where the contraveeners dwell And in case of the paroch kirk sessions their slacknesse the Presbyterie to exact after the expiration of yeare and day after the contraveening And further declares the donators to the excommunicate persons their simple escheat and life-rent and all other intrometters with their goods and geir and livings shall be liable to the payment of the saids paines and penalties in the samine manner as the excommunicate persons are lyable themselves And because in the said Act there is no particular penalty modified against Burgesses Therefore His Majestie and Estates foresaids ordaines everie Burges that beares or hath borne office of Magistracie so oft as he shall contraveene the said Act To pay the summe of two hundred marks and every other burges the summe of fourtie pounds And such like ordaines the said persons to be liable in the saids penalties respective not only for their own personall contraveening of the said Act but also so oft as the same shall be contraveened by their wives respective and also so oft as the same shall be contraveened by their children they shall incurre the fift part of the saids paines respective for every bairne not forisfamiliat and of the age of fifteen yeares compleat and that toties quoties they shall contraveene the said Act And such like that every servant so oft as he shall contraveene the said Act shall pay one yeares fee toties quoties lawfull requisition being alwaies made to the saids Wives Children and Servants by their Pastor or Presbyterie to give obedience to the said Act. ACT XIIII ACT ANENT THE BULLION 10. September 1641. OUR Soveraigne Lord and Estates of Parliament Considering that one of the chiefe waies for bringing in of money into this Kingdome hath been bullion which now for lacke of the true way of managing thereof is become unprofitable Therefore our Soveraign Lord with advice and consent of the saids Estates Statutes and Ordaines that in time comming all and every Merchant passing forth of this Kingdome with any Merchandize or sending the same forth of this Countrie at the customing of the saids goods shall find sufficient security to the customers for importing and inbringing such quantity and proportion of Bullion as by the Lawes of this Kingdome is due for the saids goods transported by them and shall accordingly deliver the same and cause be delivered to the Master of the Coine house and shall receive back again his Majesties coine of this Kingdome And shall make faith that the same was brought by them from forraign parts or by others in their name and discharges all payment of Bullion before the hand and all pactions made anent Bullion one with another and paying of the same with his Majesties coyne or with any silver that is within the Countrey already under the pain of doubling of the said Bullion As also because the Bullion is ordained to be payed to the master of His Majesties coine house who hath his only residence in Edinburgh and that thereby many Merchants who dwell not within the said Burgh will be put to great and unnecessary charges for a small matter of Bulion Therefore it is declared that it shall be lawfull to the saids Merchants to send the famine to the said Master of the coine house providing he send therewith an attestation under his oath and hand if he can write and under his mark if he cannot write and both before two subscribing witnesses of Magistrates or Councell of the Burghs where they dwell that the said Bullion due by him was brought within this Kingdome from forraine parts and that the same was not acquired nor bought by him within the same ACT XV. ACT ANENT THE ELECTION OF Officers of Estate Counsellours and Sessioners 16. September 1641. OUR Soveraigne Lord and the Estates of Parliament considering that whereas there was an Article in the Treatie anent the manner of choosing and placing of Officers of State Counsellours and Sessioners whereof the answer was remitted to be determined by his Majestie and this Parliament And his Majestie being willing to give this his ancient and native Kingdome all satisfaction possible That fit and qualified persons shall ever fill these places And considering that his Majesties residence because of his great affaires will be more ordinary in England then here whereby the qualification of persons may not at all times be so well knowne to him Therefore his Majestie with advice and consent of the Estates of Parliament Declares for himselfe and his Successors That he will nominate and make choice of such able and qualified persons to fill these places as shall be fittest for his service and may give most contentment to the Estates of Parliament Which nomination and choice His Majestie will make with the advice and approbation of the saids Estates of Parliament during their sitting And if any of the saids
or Prince and their Vassals to be free of the said taxe notwithstanding of this present Act or any Act preceding And that letters be direct thereupon by the Lords of Session to charge the Free-holders heritors and life-renters holding of his Majesty and the Prince to conveene at the head Burgh of every shire upon one speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent the saids free-holders heritors and life-renters for the tenth peny more of the said whole summe so calculate for the expences of the letters to be raised therefore and others charges in the collection thereof with certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instance of the said Commissioners for payment thereof in manner above-written And if payment be not made within the dayes contained in the charge so that the Commissioners be forced to pound therefore Then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerlie and if the suspension discusse against the suspender in that case the suspender shall be ordained to make payment to the Commissioners of the double of the summe charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the commissioners of this present Parliament and all Parliaments â—ereafter ACT XIX ACT IN FAVOURS OF THE COMMISsioners for the Sherifdome of Sutherland 11. November 1641. OUR Soveraign Lord and Estates of Parliament considering that by an Act of the date of thir presents made anent the expences of Commissioners of Shires passing to Parliaments or Generall Councels and Conventions allowance shall be given to the saids Commissioners for their whole charges and expences in manner specified in the said Act And that the daily allowance appointed for ilk Commissioner in manner mentioned and divided in the said Act after the rising of the saids Parliaments or generall Councels shall be calculate and put in a summe by the Clerks of Parliament under their hand to be divided and imposed proportionally upon the whole Freeholders of the Kings Majesty and the Prince according to the stent of their lands lying within the Shire And that letters be direct thereupon by the Lords of Session to charge the saids Freeholders of his Majesty and Prince to conveen at the head Burgh of every Shire upon a special day for dividing setting down the proportion thereof in maner foresaid as the said Act made in favours of the said whole Commissioners of small Barons and Shires at more length bears And his Majestie and the saids Estates considering that in the Parliament in the year of God 1633. a particular Act of Parliament was made in favours of the Free Barons and others Inhabitants within the Sherifdome of Sutherland giving power to them to elect and choose their own Commissioners for the said Sherifdome to compeir at Parliaments meetings and generall Conventions within this kingdom at all occasions And considering likewise that by the said Act made in favours of the saids whole Commissioners the Commissioner chosen and attending this present Parliament for the Sherifdome of Sutherland and the Commissioners who shal be chosen and sent from the said Sherifdome of Sutherland to attend thir Parliaments Generall Councels and other Generall meetings and Conventions of Estates hereafter in all time comming shall have no allowance of their expences and charges to be depurst by them in the said service albeit the said Shire be one of the remotest and farthest distance in the Kingdome Because there is onely two Inhabitants within the said Shire holding Lands of the Kings Majesty the whole remanent heritors being either Vassals to the Earle of Sutherland or holding their Lands of some other Superiour And so according to the said generall Act the allowance of the Commissioner of that Shire cannot be divided not imposed for payment and satisfaction of his charges and expences except the samine be extended against the Heritors Fewars and Freeholders within the said Sherifdome holding lands of other Superiours in manner under written Therefore His Majesty and Estates of Parliament ordains the allowance appointed by the said generall Act in favours of the Commissioners of the said Sherifdome of Sutherland to be extended divided and imposed proportionally upon all and sundry Heritors Fewars Life-renters and Freeholders within the said Shire whether they bee Vassals to his Majesty or holding their lands of any other Superiours whatsoever according to the stent of their lands lying within the said Shire and that letters be direct thereupon by the Lords of Session to charge all and sundry the Heritors Fewars Life-renters and Free-holders within the said Shire holding of any Superiour whatsoever to conveene at Dornoch being the head Burgh of the said Shire upon a speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent all and sundry the saids Heritors Fewars Life-renters and Free-holders holding of whatsoever Superiour within the said Shire for the tenth penny more of the saids whole summes so calculted for the expences of the letters to be raised therefore and others charges in collecting thereof With certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instances of the saids Commissioners for payment thereof in manner above written And if payment be not made within the dayes contained in the charge so that the said Commissioners shall be forced to pound therefore then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerly And if the suspension shall discusse against the Suspender in that case the Suspender shall be ordained to make payment to the Commissioners of the double of the sum charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the Commissioners of this present Parliament and all Parliaments hereafter ACT XX. ACT ANENT THE NOMINATION And election of the Officers of Estate 13. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament conveened in Parliament nominated and elected the persons underwritten to the places and offices of Estates of this Kingdome respective after mentioned formerly possest by them viz. Robert Earle of Roxburgh to the place and office of Privie Seale William Earle of Lanerk to the place and office of Secretarie Sir Thomas Hope of Craighall to the place and office of his Highnesse Advocate Sir James Carmichaell to the place and office of
Treasurer depute and Sir John Hamiltoun of Orbestoun to the place and office of Justice Clerk and that ad vitam vel culpam conforme to the Act of this present Parliament made anent the election of Officers of Estate Counsellours and Sessioners upon the sixteenth day of September last by-past Like as his Majesty with advice and approbation foresaid gives and dispones to the forenamed persons and ilk one of them ad vitam vel culpam as said is the foresaids Offices respective above mentioned whereunto they are nominate and elected in manner foresaid Together with all honours dignities profits benefits liberties and priviledges which have beene possest and bruiked by any preceding Officers of Estate of the foresaids offices above written and which may be now bruiked by the Lawes of this Kingdome And ordaines a gift to be past and exped under his Highnesse great Seale to ilk one of the persons above named of the foresaid offices respective above written whereunto they are nominate and elected in manner before rehearsed ACT XXI ACT ANENT THE NOMINATION AND Election of Sir Alexander Gibson to be Clerk Register 13. November 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament nominated and elected Mr. Alexander Gibson younger of Durie to the place and office of Clerk of Register of this his Highnesse ancient and native Kingdome of Scotland and that ad vitam vel culpam conform to the Act of this present Parliament made anent the election of Officers of Estate Counsellers and Sessioners upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid gives and dispones to the said Mr. Alexander Gibson younger of Durie ad vitam vel culpam as said is the foresaid office of Clerk of Register with all honours dignities priviledges profits casualities and liberties pertaining to the said office conforme to the foresaid Act and to the gift to be granted to him of the samine office under his Highnesse great Seal to be bruiked and possest by him as the samine hath been possest and bruiked by any preceding Clerk of Register and which may be now bruiked by the Laws of this Kingdome And ordains a gift to be past and exped under his Highnesse great Seal to the said Mr. Alexander Gibson of the foresaid office of Clerk of Register with all honours dignities profits casualities liberties and priviledges belonging thereto ACT XXII ACT ANENT THE NOMINATION AND Election of the Councellors 13. Novem. 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament conveened in playne Parliament nominated and elected the Persons under-written viz. Lord Lowdoun Chancellour Duke of Lennox Marques of Hammiltoun Earle of Argyle Earle Marshall Earle of Sutherland Earle of Mar Earle of Mortoun Earle of Eglintoun Earle of Cassils Earle of Glencairne Earle of Murray Earle of Perth Earle of Dumfermling Earle of Wigtoun Earle of Kinghorne Earle of Roxburgh Earle of Seaforth Earle of Lauderdale Earle of Lothian Earle of Kynnowll Earle of Southesk Earle of Weymes Earle of Dalhoussie Earle of Findlater Earle of Lanerk Earle of Levin Lord Angus Lord Lindesay Lord Yester Lord Sinclare Lord Elphingstoun Lord Balmerino Lord Burghlie Lord Amont Lord Balcarras the Clerk of Register Advocate Justice Clerk Thesaurer depute Master of requests Sir Robert Gordoun Sir William Douglas of Cavers Sir Patrik Hepburne of Wauchetoun Laird of Dundas Laird of Fintrie Laird of Cambo Laird of Dun Laird of Innes Laird of Morphie and the Provest of Edinburgh for the time being To be of the Councell ad vitam aut culpam conform to the Act made in this present Parliament upon the 16. day of September last by-past anent the nomination and election of the Officers of Estate Counsellors and Sessioners and conform to the Commission to be granted by the Kings Majestie with the advice and approbation of the Estates of Parliament to the saids Lords and others of his Majesties secret Councell above named for government of this Kingdome in all affairs concerning the peace good and happinesse thereof which by the Lawes and Custome of this Kingdome pertaine to his Majesties secret Councell Like as his Majestie with advice and approbation foresaid likewise nominated and elected the Earle of Arrundel the Earle of Pembroke the Earle of Salisbury and the Earle of Holland to be supernumerarie Counsellors of his Majesties Privie Councell of this Kingdome and to be contained in the foresaid commission to be granted to the Councell as supernumerarie there-intill And his Majestie with advice and approbation foresaid gives and grantes to the saids Counsellors above named and every one of them all honours dignities liberties immunities and priviledges whatsoever belonging to the Lords and others of his Highnesse Privie Councell of this his ancient and native Kingdome To be bruiked and possest by them siclike and with all respects as the samine have beene bruiked by any preceding Counsellers of his Majesties Privie Councell foresaid and which may be now bruiked and enjoyed by them by the Laws of this Kingdome conforme to the foresaid Act of the sixteenth day of September last by-past and to the commission to be granted to the saids Lords and others of his Majesties Privie Councell as said is ACT XXIII ACT ANENT THE NOMINATION AND Election of the Lords of Session ordinary and extraordinary 13 November 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament conveened in plaine Parliament nominated and elected Sir George Erskene of Innerteil Sir Alexander Gibson of Durie Sir Andro Fletcher of Innerpeffer Sir John Hamiltoun of Orbestoun Justice Clerk Sir James Carmichaell of that ilk The saurer depute Sir James Leirmonth of Balcomie Sir James Macgill of Crastoun Riddell Sir George Halyburtoun of Fodderance Sir John Hope of Craighall Sir John Scot of Scottistatbet Sir Alexander Falconer younger of Hackertoun Sir John Leslie of Newtoun and Sir Thomas Hope of Kerse Knights Mr. Archibald Johnstoun of Warristoun and Mr. Adam Hepburne of Humbie To be the fifteen ordinair Lords of Session and Senators of the Colledge of Justice and that ad vitam vel culpam and Judges for administration of Justice to the lieges conform to the foundation and erection of that Soveraigne Judicatorie of the Colledge of Justice Like as his Majestie with advice and approbation of the saids Estates of Parliament gave and disponed and hereby gives and dispones to the saids fifteen ordinair Lords of Session above named and to ilk one of them ad vitam vel culpam as said is the fifteen ordinarie places of the said ordinair Lords and Senators of the Colledge of Justice with all fees honours dignities profits casualities immunities liberties and priviledges whatsoever pertaining and belonging to the ordinair Lords and Senators of the Colledge of Justice and their places thereof to be bruiked and possest by the persons above named now nominate and lected thereto as said
uprightly faithfully diligently and carefully in the discharge of the said Commission answerable to the trust imposed upon them And therefore his Majesty with advice and consent of the saids Estates hath approven and by thir presents approves their proceedings and carriage therein And declares them and every one of them to have done good service to his Majesty and this Kingdome and that they have behaved themselves as good Christians loyall Subjects and well deserving Patriots ACT XXVI ACT FOR RELIEFE OF THOSE WHO Have given band for the use of the publike 15. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that the members of the late Committees from the saids Estates of Parliament to whom the furnishing of the Armes and all other necessary expences concerning the publike was intrusted conforme to the power and commission given to them as likewise others who were not of the Committee and also the generall Commissar or his deputes Having borrowed and undertaken great summes of money for the necessair use and behoof of the publike for the which summes and debts contracted by the saids Committees They have given security to the parties partly by publike acts in name of the Estates And where many persons were difficile and scrupulous to advance and lend moneys and other necessairs upon the publike security These of the saids Committees and others foresaids have given their owne particular bands and have moved divers others persons to give band and security to the lenders of the saids summes bearing borrowed money without any relation to the publike Likeas divers Noblemen Barons and Burrowes and others before the establishing of the saids Committees of Estates did willingly for advancement of the publike service give their particular bands for great summes of money for the publike use and which were given in to the Commissars and Collectors and counted for by them in their accounts whereby the forenamed persons who have granted such bands may be distressed for payment of the saids summes at the instance of the persons to whom they are bound So as for their furtherance and affection to the advancement of the publike service their Estates and Credit may both be indangered unlesse remeed be provided And his Majesty Estates foresaid being careful that neither the members of the saids Committees nor any others persons may suffer prejudice in their estates or credit by or through any bands granted by them to any persons for lent money silver plate or any other necessary commodity furnished and advanced for the publike use But that they and every one of them their heires and executors be freed and relieved by the saids Estates of the famine and of all dammage perill and danger which they may incurre and sustaine there through It being made appear that the summes of money or other commodities for the which they have given band as said is are counted for or applyed for the use of the publike and approven by publike act order and warrand Therefore Our said Soveraign Lord and Estates of Parliament by vertue of this present Act do hereby bind and oblige the Estates of this Kingdom to warrand and relieve the saids members of the said Committees of Estate and all others persons whatsoever who have given band and security for any summes of money or other commodities for the use of the publike and whereof count and reckoning is or shall be made and approven whereby it may appear that the famine are imployed for the use of the publike by publike warrand as said is And for their better relief of the same The saids Estates of Parliament binds and obliges them and the whole body of this Kingdom to make paiment to the persons creditors to whom the said bands and securities are given of the same summes and others commodities or prices thereof and that at the termes of payment appointed by the saids bands with the interest thereof conforme thereto in all points And to purchase and deliver to ilk person so bound as said is their saids bands given by them or sufficient discharges of the famine with all convenient diligence and in the mean time to keep them harmlesse and skaithlesse of the famine bands and of all execution perill and danger which may follow thereupon So being that the summes and goods contained in the saids bands have been applyed to the publike use by publike order and warrant as said is and are or shall be counted for approven in the accounts of the common burdens of this Kingdom Which bands so contracted and undertaken are hereby declared to be publike debts upon the Estates and shall affect and burden them notwithstanding that the famine be given by particular persons without relation to the publike in manner foresaid ACT XXVII COMMISSION FOR RECEIVING OF THE Brotherly assistance from the Parliament of England 15. November 1641. OUR Soveraigne Lord and the Estates of this present Parliament Considering that of the brotherly assistance promised and obliged to be payed by the Parliament and Kingdome of England to this Kingdome of Scotland for relief and defrayment of the common burdens and losses of the famine There is yet resting the summe of two hundreth and twentie thousand pounds sterling money conforme to the articles of the late treatie and an act of publick faith granted by the Parliament of England for payment thereof at the termes therein contained Therefore our saids Soveraigne Lord and Estates of Parliament Doe hereby grant full power warrand and commission and appoints nominants and authorizes the persons particularly after nominated viz. John Earle of Lowdoun Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdail William Earle of Lothian John Earle of Lindesay David Earle of Southesk James Earle of Findlater John Lord Sinclair John Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Home of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir John Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsay of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Griersone of Lag Mr. George Douglas of Bonjedburgh William Rig of Ethernie Alexander Gordoun of Earlstoun John Binnie Burgesse of Edinburgh Thomas Durham Burgesse of Pearth Patrik Leslie Burgesse of Aberdene George Bell Burgesse of Linlithgow Patrik Bell Burgesse of Glasgow James Sword Burgesse of Saint Andrewes John Kennedye Burgesse of Air John Semple Burgesse of Dumbartane William Glendoning Burgesse of Kirkcudbright James Scot Burgesse of Montrose Mr. Robert Barclay Burgesse of Irving James Anderson Burgesse of Couper George Gardine Burgesse of Bruntiland and Mr. Alexander Dowglas Burgesse of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senators of the Colledge of Justice whom his Majesty and Estates of Parliament addes to the foresaid
number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect after specified Granting and committing like as his Majesty and Estates foresaids doe by vertue of thir presents grant full power warrand and commission to the forenamed persons or to any twelve of them who shall be a quorum there being alwayes three of them of ilk estate either by themselves or by such others persons as shall be intrusted and authorised by them or their Quorum foresaid for that effect to crave receive uplift and intromet with the foresaid summe of two hundreth and twentie thousand pounds sterling money foresaid yet resting unpayed of the said brotherly assistance promised and obliged to be payed by the said Parliament of England in manner foresaid And with power to the saids Commissioners or such as shall be appointed by them as said is to give and grant discharges upon the receit of the said summe in whole or in part which shall be al 's vallid and sufficient as if the famine were granted by his Majestie and whole body of this present Parliament And with power to them to setle accord and agree upon the best wayes and courses how the said brotherly assistance may be most timously conveniently payed at the termes of payment appointed for that effect or otherwise how the famine may be advanced either by exchange or otherwise for defrayment and reliefe of the saids common burdens as may be most conducible for the reliefe and good of the publick And whatever acquittances or discharges the forenamed persons or such other persons as shall be authorized by them shall grant subscribe upon the receit of the said summe or any part thereof or whatever other course they shall accord and agree upon concerning the famine his Majesty and the Estates of Parliament doe by these presents approve and authorise the same and if need bee shall ratifie the famine in the next ensuing Parliament And generally our said Soveraigne Lord and Estates foresaids grants and commits full power and commission to the forenamed persons and their Quorum foresaid and to these who shall be authorised by them as said is to doe exerce accord and agree upon all and every thing necessary anent the payment and recoverie of the foresaids summes and every thing else which may concerne the samine in all respects needfull and expedient Whereanent our said Soveraigne Lord and Estates of Parliament declares that thir presents shall be a good and sufficient warrand for them and all others whom the samine may concerne the forenamed Commissioners and these to be authorised and appointed by them for the effect above specified being alwayes comptable and answerable for their carriage and proceedings in the premisses ACT XXVIII ACT AGAINST GOING OF Salt-pans and Mils on the Lords day and other prophanations of that day 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering notwithstanding the Acts of the Generall Assembly ratified in this present Parliament June 1640. against the prophaning of the Lords day by going of Salt-pans Salmond fishings Kils Mils and hyring of shearers on the said day yet the saids abuses are not left off but rather increased Therefore Our Soveraign Lord and Estates foresaids for the better restraint of the saids abuses and prophanations do againe inhibite and discharge all going of Salt-pans or Mils and all working of works thereintill upon the Lords day and all hyring and conditioning of shearers on the said day and that under the paines and penalties following to be payed to the particular Sessions of every paroch wherein the abuses before specified are committed to be imployed to pious uses viz. The summe of twenty pounds for ilk day foresaid working in manner foresaid of ilk Salt pan of ilk dayes fishing of Salmond and of ilk Mill to be payed by the heritors and possessors thereof for the time and the masters to be answerable for their servants And the summe of ten pounds for ilk shearer and fisher of Salmond on the Lords day the one halfe to be payed by the hyrers and conducers the other halfe by the persons hired toties quoties And ordaines the magistrates of the town to keep the transgressours in ward while they pay the said penalties for the which the Magistrates shall be answerable to their sessions And further Our said Soveraign Lord and Estates do hereby inhibite and discharge all Markets using of Merchandize carrying of loads upon the Lords day and all other prophanations or abuses thereof whatsoever And that under the same pain of ten pounds to be payed by every transgressour to their Sessions respective for the uses foresaid toties quoties And ordaines the saids penalties respective above specified to be exacted by and attour the confiscation of the salt corne marchandize loads and other goods whatsoever imployed used gayned or made and wrought in the prophaning and a busing of the said Lords day which paine is also hereby ordained And if the transgressours be not able to pay the penalties foresaids ordaines them to be punished exemplarly in their bodies according to the merit of their fault toties quoties ACT XXIX ACT ANENT THE NOMINATION AND Election of Sir James Galloway to be Master of Requests 15. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament nominated and elected Sir James Galloway to be Master of Requests of this His Highnes Ancient and Native Kingdome of Scotland and that ad vitam vel culpam conforme to the Act of this present Parliament made anent the Election of Officers of Estate Councellours and Sessioners upon the sixteenth day of September last by past Like as His Majestie with advice and approbation foresaid Gives and dispones to the said Sir James Galloway ad vitam vel culpam as said is the foresaid office To be Master of Requests of this His Majesties Kingdome With all Honours Dignities Priviledges Profits Casualities and Liberties pertaining to the samine office which have been possest and bruiked by any preceding Master of Requests and which may be now bruiked by the Lawes of this Kingdome And ordains a gift to be past and exped under his Highnes great seale to the said Sir James Galloway of the foresaid office With all Honours Dignities Profits Casualities Liberties and Priviledges pertaining and belonging thereto as said is ACT XXX ACT ANENT THE COMMISSION FOR Plantation of Kirks and Valuation of teinds 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering the humble Supplication of the general Assembly presented by the Commissioners thereof for planting of Kirks uniting or dis-uniting of Paroches and for other pious and good workes mentioned thereintill For the which and other causes after specified It is necessair That power commission be given from His Majesty and Estates to the effect under-written And therefore His Majesty and Estates foresaid have granted and by these presents grant full
distant from the proper Paroche Kirke and more neere and ewest to the next adjacent and contiguous Paroche Kirke from their owne proper paroch Kirke from the which the parts and portions are farther distant and to unite and adjoine them to the other paroch Kirk to the which they are more ewest And al 's to unite Kirks and parochines lying so neere other and being so little bounds and small number of Parochiners that the union of them shall be found more usefull and conducible for the good and ease of the Parochiners of both the Kirks and their edification Providing that the dividing of large parochs the dis-membring of ane part of the saids parochines in case foresaid and the uniting of Kirks and parochines of the qualitie above specified be done upon the speciall recommendation of the Presbyterie Synod or Generall Assembly given-in in writ and after the Commissioners have cited and heard the Parochiners of both Kirks thereanent and no otherwise And to set down a solid order and take course for furnishing the elements to the Communion twice in the year or oftner where they are not provided at all or not sufficiently provided And al 's to take order for paying of the charges of the Commissioners to the generall Assemblies without burdening the Ministers stipends therewith And siclike with power to them to advise take course and determine in all things referred to them by any particular act or reference from the generall Assembly to this Parliament or from the Parliament to them And because the Kings Majesty considering that the names and titles of Bishops and Bishopricks by the Acts and Statutes of Kirk and Kingdome are abolished and suppressed and that thereby the tithes parsonage and viccarage and teind duties of whatsoever Kirks or Titles pertaining to the saids Bishopricks are become in his Majesties hands and at his Majesties disposing And his Majesty being graciously pleased out of his pious and royall affection to the maintenance of the true Religion and puritie thereof presently established within this his Majesties ancient Kingdome to take such a course with the saids teinds and teind duties pertaining to the saids Bishopricks and of all teinds and Kirks annexed thereto that the famine may be applied to the use and benefit of the Ministers serving the cure of the saids Kirks and to the maintenance and supply of Universities Colledges and Schools Like as his Majesty before his comming to this his ancient Kingdome in his owne royall person sent and directed his letters to the Generall Assembly of the Kirk conveened at Edinburgh in July last whereby his Majesty declared his constant purpose and resolution to imploy the teinds of the saids Bishopricks to the uses above specified And therefore his Majesty according to his royall promise and for performance thereof hath declared and by thir presents declares by advice and consent of the Estate that the teinds and teind duties of all and whatsoever Kirkes parsonage and viccarage thereof and teinds of whatsoever nature pertaining to the saids Bishopricks shall be applied to the maintenance of the Ministrie and of the Universities and Colledges and other pious uses and to no othet use and that according as the same shall be particularly distributed by the Commissioners foresaid to whom his Majesty and Estates grants power for this effect And declares all gifts granted or to be granted by his Majesty to whatsoever person or persons of the foresaid teinds and teind duties or any part thereof except to the uses foresaid to be null in the self Excepting alwaies all gifts already granted by his Majesty to whatsoever person or persons of their own teinds and to the maintenance of Universities and Colledges they and every one of them alwayes being liable to the plantation of the Kirks to the full quantity contained in the Acts made thereanent Likeas it is declared hereby that all teinds and teind duties which belonged to Chapters Deanes Sub-deanes and other dignities of the Chapters shall bee liable to the like provisions of the Kirks which were annexed thereto according to the proportion of eight Chalders victuall or eight hundred marks forth of the teinds of their owne parochins allanerly according to the Act of Parliament And sicklike with power to the saids Commissioners as said is to take order that every heritor and life-renter of land having right thereto by infeftment of life-rent right of terre or by band for infeftment of life-rent shall have the leading of their owne teinds personage and viccarage therof they paying the price contained in the act above-specified Incase they be willing to buy the same from the titular having power to sell or otherwise Paying the rate of teind exprest in the acts made thereanent And to that effect with power to the saids Commissioners to set down the price of sellable teinds according to the worth thereof in each part of the country where the famine grow and are bred And al 's with power to them to set downe such good and ample securities as may stand by law both for the buyers of the teinds to the effect the titulars may be fully denuded in their favours And also for security to the titulars and sellers of the price due to be payed to them for the saids teinds And also to set downe the security in favours of the titulars and of the ministers so far as concernes the maintenance assigned to them for good thankfull and timous payment of the rate of teinds where the famine are not or cannot be sold And siclike with power to the saids Commissioners To discusse and determine all questions which may arise betwixt the titulars and heritors anent the price of teinds according to the nature and quality of the rights to be sold whether the same be heretable or temporall and to proportionate the price accordingly And also to divide the price of teind betwixt the heretors and life-renters thereof betwixt titulars and taksmen and others who have severall and distinct rights to the saids teinds sellable according to the quality of the rights And also with power to them to cause the titulars who sell their saids teinds to exhibit their rights and titles to the effect they may be lawfully denuded thereof in favours of the saids heretors and life-renters respective without prejudice alwayes to his Majesties annuitie to be payed forth of the saids teinds by the saids titulars of teinds or heretors or life-renters of lands according to the tenour of the act of annuity And generally with power to the saids Commissioners to decide and determine in all other points which may concerne the leiding and drawing of teinds the selling and buying of the same or payment of the rates thereof contained in the acts of Parliament made thereanent And whereas it may fall out that some of the Commissioners now appointed by his Majesty and Estates may be unable to attend the service through death sicknesse or some other notar and knowne impediments Therefore his
to bee made with forraign Princes and Estates and concerning mutuall Supply in case of forraign Invasion and also concerning mutuall Trade and Commerce betwixt the Kingdome of Scotland England and Ireland and anent the pressing of Ships and men by sea or land and al 's anent Naturalization and mutuall Capacity of the Subjects of both Kingdomes who either of them respective of all Dignities Liberties Priviledges and other Benefits Ecclesiasticall or civill and others of that nature and concerning the lawfullnesse and solemnity of the extracts of Bands or Decreets in either of the saids Kingdomes And al 's concerning the manner of safe conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland of the moneys given and promitted by way of brotherly supply and assistance to the Estate and Kingdome of Scotland by the Parliament of England And concerning what assistance Scotland shall give to England for suppressing of the Rebellion in Ireland or to the Prince Elector conforme to the instructions given or to bee given to them for that effect by the Lords of secret Councell to whom his Maiesty and Estates of Parliament remits the same And what the saids Commissioners their treaties with the saids Commissioners of England and Ireland resolves and concludes upon that they may make timous and due report thereof to his Majesty and the Estates of this Kingdome ACT XXXII COMMISSION FOR CONSERVING OF The Articles of Treaty 16. November 1641. OUR Soveraign Lord Considering That by the late Articles of Treaty concluded betwixt the Commissioners of His Majesties Kingdome of Scotland and England Ratified by Parliaments of both Kingdoms It is thought fit and necessary for observing the saids Articles of Treaty made for establishing a firme and constant peace That Power and Commission be granted by his Majesty by advice of the Estates of Parliament of both Kingdoms to the effect contained in the said Articles of Treaty for performance wherof upon the part of His Majesties said Kingdom of Scotland His Majestie with consent of the Estates of the said Kingdome by thir presents Gives and grants power and Commission to the persons after-specified viz. John Lord Lowdoun Chancellour James Duke of Lennox James Marquesse of Hammiltoun Archbald Earle of Argyle William Earle of Mortoun Alexander Earle of Eglintoun William Earle of Glencairne Charles Earle of Dumfermling Robert Earl of Roxburgh William Earle of Lothian John Earle of Lauderdaill George Earle of Kynnowll William Earle of Lanerk Alexander Earle of Levin John Lord Lindesay John Lord Balmerino James Lord Almond Sir Patrik Hepburne of Wauchtoun Sir George Dundas of that ilk Sir Thomas Myretoun of Cambo Sir Patrik Hammiltoun Sir Thomas Hope of Kerse Sir Robert Innes of that ilk Sir Archbald Johnstoun Sir Alexander Erskene of Dun Sir David Home of Wedderburne Sir Robert Griersone of Lag Sir William Scot of Harden Sir Iohn Charters of Amisfeild _____ Ruthven of Frieland _____ Campbell of Cessnok Sir David Grahame of Morphie Sir Hary Montgomrie of Giffen Sir William Forbes of Craigievare Sir William Douglas of Cavers Edward Edgar Patrik Bell William Glendoning Iohn Smith Master Robert Barclay Thomas Durham Iames Fletcher Patrik Leslie Thomas Bruce George Bell Iames Sword Iohn Rutherford Master Iohn Corser Hugh Kennedye Iohn Semple Master Robert Cunyngham Master Alexander Douglas Richard Maxwell or any twelve of them With power to them or any twelve of them as said is there being at least two of every Estate at any time or times in the Interim betwixt the sitting of the Parliaments To conveene amongst themselves or with the Commissioners chosen or to be chosen to the same effect by His Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland at whatsoever places and times convenient to be accorded unto amongst themselves And to be carefull that the peace now happily concluded may be continued And to endeavour by all lawfull meanes for preserving and keeping of the saids Articles of peace concluded in the foresaid Treaty allanerly And therewith to use all their care to preveen all trouble and division which may arise by the breaking and violating of any of the saids Articles concluded in the said Treaty as said is And if any debate or difference shall happen to arise to the disturbance of the said common peace That they labour to remove or compose the famine according to their power granted to them in manner foresaid and no other wayes It being alwaies provided That for all their proceedings in this kinde they shall be answerable for the lawfulnesse thereof to the Kings Majesty and the Parliament respective and if any thing fall forth beyond their power and which cannot be remedied by them that they informe themselves of the particulars thereof and represent the same to his Majesty and to the ensuing Parliaments respective That by his Majesties wisedome and authority and theirs all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all posterity And it is declared that the power of this Commission shal be restrained to the Articles of peace concluded in the said Treaty as said is and shall endure for the interim betwixt Parliaments allanerly and shall expire at the next ensuing Parliament at the which the said Commissioners shall be holden to give an account of their diligence and proceeding in the premisses ACT XXXIII ACT ANENT THE FIVE INCENDIARIES And the Plotters And the Kings declaration there-anent 16 November 1641. THe Estates of Parliament considering that whereas albeit John Earle of Traquhair Sir Robert Spottiswood of Donipace knight Sir John Hay of Baro knight late Clerk register Doctor Walter Balcanquell and Mr. John Maxwell somtime pretended Bishop of Rosse are cited before them and accused as guilty of divers haynous and treasonable crimes perpetrated and committed by them against the Common wealth contained in their severall ditties which they have just reason to prosecute Neverthelesse the saids estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native kingdome and his fatherly care and wisedome in composing of all past differences and providing for the future to the great joy and happinesse of all his Subjects doe in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdom Declare that for acquitting themselves of their oath they will onely proceed to the exact triall of the saids parties by a committee to be appointed and authorized by the king and Parliament in respect of the present necessity of their other affaires And after tryall shall be taken of the saids
Edinburgh Peire and Shore of Leith To answer before the saids persons Commissioners appointed by thir presents for the crymes particularly and respective contained in the said Summonds above written to the effect they may bee further examined by them and may object against such witnesses as shall be cited to compeire to depone in the said matter With full power and Commission to the saids persons or Quorum foresaid to proceed in the cognition and tryall of the crimes particularly and respective above written to the discussing of the relevancie of the Summonds particularly and respective above written and to the receiving of all lawfull probation in the saids crimes above written against the saids persons particularly summond as is above written And to that effect to direct their Precepts and Summonds for summoning of witnesses in the particular crimes respective above specified under the paine of horning and generally all and sundry other things to doe for the exact tryal of the saids persons Providing alwayes that the saids persons Commissioners as is above specified appoynted by thir presents shall not proceed Like as our Soveraign Lord and Estates of Parliament presently conveened by thir presents discharges the saids Commissioners and Quorum foresaid to proceed to any decision in the said poynts or crimes or to pronounce any sentence convictive against the saids persons particularly above written summoned to this present Parliament particularly and respective as said is but onely that the Commissioners foresaids shall doe their diligence in the points particularly above specified committed to them in discussing the relevancie of the said Summonds particularly and respective above written and in receiving all legall probation thereupon And the Commissioners or Quorum foresaid to proceed with all diligence and make their report concerning the relevancie and how farre they shall find the same proved or not without pronouncing any farther sentence against them or any of them and that they finish the processe and tryall before the first day of March next to come ACT XXXV ACT ANENT THE PASSING FROM These who are cited to the Parliament as unfriends 16. November 1641. THe Estates of Parliament Considering that whereas there are divers and sundry persons indited and accused before this Parliament as guilty of certain crimes committed by them against the State and to the prejudice of the peace of this Kingdome Neverthelesse the saids Estates of Parliament considering that by Gods mercy and providence and by his Majesties great wisedome all our tempests are turned into the calme of an happie peace And that tryall is taken anent the persuits and processes for which the saids persons are cited to the Parliament Doe hereby out of their respect to His Majesty to whom they know the famine will be acceptable Declare that they have acquited and discharged And hereby acquits and discharges all other persons cited and called to appeare before them To answer for whatsoever crime or misdemeanour committed during the late troubles And declares the Act of Pacification and Oblivion and benefite thereof to be extended to them siclike as if they had not been cited before this present Parliament And but prejudice alwayes of the restitution to private parties conforme to the said Act of Pacification contained in the Treaty And of all lawfull sentences recovered against any of the said persons before the Committee of Estates And declares that this Act doth not extend to the Incendiaries or plotters but only to such others who are cited to the Parliament as unfriends ACT XXXVI ACT FOR SELLING OF YARNE BY WAIGHT 16. November 1641. OUR Soveraign Lord and Estates presently assembled Understanding how necessar and convenient it is that all yarn be bought and sold by weight Therefore Our Soveraign Lord with advice and consent of the saids Estates Ratifies and approves the Acts of His Majesties Councell Ordaining the same to be sold by weight in all the heads clauses and articles thereof dated at Halyrude-house the 28. of July 1631. years and ordaines the famine to stand as a Law and to take effect in all time coming ACT XXXVII ACT ANENT LINNEN CLOTH And breadth thereof 16. November 1641. OUr Soveraign Lord and Estates presently assembled finding that linnen cloth is become one of the prime commodities of this kingdome whereby many peoare put to worke and money is brought within the same which partlie through the deceit used by the bleitchers in lyming thereof and partly by the incertaintie of the breadth is likely to come in contempt abroad to the great prejudice of this kingdome Therefore his Majesty with consent of the saids Estates Statutes and ordaines that no makers of linnen cloth nor no others whatsoever present to market or other wayes make or sell any linnen cloth of the price of tenne shillings the elne or above of lesse breadth then an elne And all under the said price to be of no lesse breadth then three quarters of ane elne under paine of confiscation of all such linnen presented to marker or other wayes sold which shal be found not to be of the breadth above-named And ordaines the magistrates within whose bounds and jurisdictons the said linnen cloth made contrair to this statute shall happen to come to confiscate and escheat the same And for this effect to search all the markets within their bounds As also discharges and inhibites all our Soveraigne Lords lieges and subjects that none of them presume nor take upon hand to bleitch any cloth with lyme under paine to be punished in their persons and goods at the will of the Magistrate within whose bounds they dwell And last it is stature and ordained that all linnen cloth shall be taken up by the selvedge and not by the rig and so to be presented to the market and ordaines the sheriffe of the shires and Magistrates within burgh to put this statute to execution within their several jurisdictions ACT XXXVIII DIS CHARGING THE IMPORTATION Of strong waters 16. November 1641. OUr Soveraigne Lord and estates of Parliament understanding that there is divers strong waters brought into this kingdome from forraign places which might be more conveniently made within the kingdome to the benefite of the natives thereof Therefore his Majesty which consent of the saids Estates discharges all inbringing of aquavitie or strong waters within this Kingdome under the paine of escheat thereof ACT XXXIX ACT ANENT THE EXSISE OF Herring 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering that his Majesties assise of all Herrings slain within the Reid-head and Saint Tobs-head is a thousand Herrings forth of ilk boat ilk dreave that holds And finding the collecting of these Herrings to be very hard and difficile have thought expedient to modifie the price of these Herrings and convert the famine thousand Herrings into money And therefore our said Soveraigne Lord with the advice of the Estates modifies and converts the price of the said one thousand Herrings payable for assise to the summe of six