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
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
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
for the Kirk and the summe of five hundreth markes to be payed yearly to the said Master Archbald Johnstoun as present Clerk to the generall Assemblies of the Kirk for the Fee and Pension of that office and to his Successours chosen and appointed by the Assembly in that place for the discharge thereof and service thereintill And the summe of other five hundreth markes of Fee and Pension yearly to bee payed to Master Robert Dalgleish present Agent for the Kirk and to his Successours chosen and appointed by the Assembly in that charge And in respect that the Advocate Clerk and Agent for the Kirk must have their continuall residence at Edinburgh for attending the affairs of the Kirk and that the saids Fees and Pensions ought to bee payed out of the Bishops rents and that the saids officers should be payed thereof out of the nearest and most commodious rents belonging to the saids Bishopricks Therefore the saids Estates ordaines the saids fees and pensions to be payed to the saids present officers and to their successours respective in that charge out of the readiest of the few duties and out of the quotes of Testaments of the diocesse of S. Andrews Glasgow and Edibburgh according to the proportion and division to be determinate and set down by the Committee from this present Parliament appointed to remaine at Edinburgh and ordaines the foresaids fees to be payed conforme to that division by the heritors fewars fermorers and others adebted in payment of the few duties of the saids three Bishopricks and by the collectors and intrometters with the saids quotes of Testaments And also ordaines the Lords of Session to direct letters on this present Act and upon the determination and division of the said Committee at the instance of the Advocate Clerk and Agent for the Kirk present and to come for payment to them yearly of their saids fees and pensions above-specified And because that the present Procurator Clerk and Agent have been serving the Kirk in these places these two yeares by-gone without receiving their fees otherwayes due to them and that the rents of the saids two yeares are yet untaken up by the pretended Bishops of Edinburgh Glasgow and S. Andrews but are restand in the tenants and collectors hands Therefore they ordaine their entrie of payment to be to the crop and yeare of God 1638. yeares ACT XXXVIII ORDAINING THE WHOLE SUBJECTS And Lieges of this Kingdome to obey maintaine and defend the Conclusions Acts and Constitutions of this present session of Parliament and to subscribe the band appointed for that effect IN the Parliament holden at Edinburgh the eleventh day of June 1640. yeares the Estates of Parliament presently conveened by his Majesties speciall authority Considering that whereas after many petitions and supplications given in and presented to his Majestie and the Lords of his secret councell by divers of the Nobility Barons and Burgesses of this Kingdome for granting a free Generall Assembly and Parliament for reforming of many great abuses and novations tending to the overthrow of the true reformed Religion and undoing of this Kirk and Kingdome devised and brought in by the late pretended Bishops who by their subtle practises during his Majesties absence these many yeares had ingrost in their persons all the Ecclesiastick and civill Power of this his Majesties ancient and native Kingdome It was granted by his Majestie out of his Royall Justice and accorded by the Articles of Pacification made at his Majesties camp in the moneth of June 1639. yeares last by-past that a free generall Assembly and Parliament should be indicted by his Majestie and that all matters Ecclesiasticall should be determined by the Assemblies of the Kirk and matters civill by Parliaments and other inferiour Judicatories established by Law And that according thereunto his Majestie did indict an Assembly to be holden at Edinburgh the twelfth of August and a Parliament for ratifying the Conclusions of the same assembly and setting down such other things as might conduce to the peace and good of the Kingdome To be holden at Edinburgh the twenty sixth of August last by-past In the which assembly the matters concerning the puritie of the true reformed Religion and peace of this Kirk after great debate delayes and protracting of time made by John Earle of Traquaire his Majesties Commissioner being at length concluded upon the _____ day of August 1639. yeares the Parliament sitting down immediately thereafter upon the penult day of the said moneth of August the ratifications of the Conclusions of the same assembly and many other matters of great importance conducing necessarily to the setling of the peace of this Kingdome being proponed in Parliament were likewise shifted and delayed and the closing of the Parliament protracted from time to time unto the _____ day of November last by-past At the which time the said John Earle of Traquaire did take upon him without the consent of the Estates to prorogate the foresaid Parliament to the second day of June instant not only contrary to the Articles of Pacification but also to the prejudice of the Liberties of the Parliament for preservation whereof the saids Estates were forced to make a declaration in Parliament against the same And that albeit since the said _____ day of November unto this time the saids Estates have used all possible meanes to give his Majesty full satisfaction both by their peaceable carriage at home and by sending their Commissioners to acquaint his Majestie with all their just desires and the reasons thereof yet they have not onely received no answer but upon the contrary their proceeding in the said Parliament being untruly related by the said John Earle of Traquaire have been condemned as Rebellious without hearing And our Commissioners sent for clearing thereof all restrained in private houses for a long time and John Lord Lowdoun being one of them committed to the Tower where he is still detained prisoner The Castles of Edinburgh and Dumbartane have in the meane time beene fortified and provided with all sort of Ammunition in great abundance and Garisons of Souldiers not being natives of this Kingdome put therein the Garison in the Castle of Edinburgh dayly killing diverse of the inhabitants of this Citie and spoyling their houses with musquets and great Ordnance all ships belonging to this Kingdome arrested in England and Ireland and many of them coming from other places layed waite for and taken by the way their owners and passengers spoyled of their goods and apparell layed in the yrons and barbarously abused A Commission granted to the Generall of the English forces by sea and land to kill destroy and subdue this whole nation a printed Declaration put forth denouncing war against it perswading exhorting and provoking the other two Kingdomes to grant subsidies and take Armes against the inhabitants of this Kingdome as traitours and rebells And the Parliament of Ireland hath proceeded so farre as to declare them to bee such All which they have hitherto
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
arreare of the brotherly assistance is just and order is given for it accordingly And it shall be communicated with the Scottish Commissioners that it may be a perfect security 10 The tenth for appointing a Quorum for attending the paiment of the money is already moved to the parliament will be done as is desired 11 The eleventh article is very just and order shal be given accordingly for recalling all Proclamations c. and for publick Thanksgiving 12 This Article for the Castle of Edinburgh and other strengths of Scotland is to be setled betwixt his Majesty and the Commissioners of Scotland or by his Majesty and Parliament of Scotland All which Articles are assented unto and approved by his Majestie with advice of the Parliament of England and by the Committees of the Parliament of Scotland and are necessary for publick declaration of mutuall consent and for firme observation to be confirmed and ratified in the Parliaments of both Kingdomes BE it therefore enacted by his Majesty with the assent of the Lords and the Commons in this present Parliament assembled that the said Treaty and all the Articles thereof assented to as aforesaid be and stand for ever ratified and established and have the force vigor strength and authority of a Law Statute and Act of Parliament Like as this afore-written Treaty and whole Articles thereof are by his Majesty and the States of the Parliament of Scotland enacted and ordained to have in all time comming the full force and strength of a true and perfect security and Act of the said Parliament And his Majesty for himselfe and his Successors doth promise in verbo principis never to come in the contrair of this Statute Sanction nor any thing therein contained but to hold the same in all points firme stable and shall cause it to be truly observed by all his Majesties Leiges according to the tenor and intent thereof for now ever Like as the Parliament of both Kingdomes give full assurance and do make publick faith in name of both Kingdomes respectively for the true and faithfull observance of this Treaty and whole Articles thereof inviolably hinc inde in all times to come Like as his Majesty with advice of the estates of Parliament commands the clerke of Parliament to insert and registate the same in the bookes of Parliament and to give the extract of this Act under his hand to the director of the chancellary Whom they command to write the same to the great Seale and the keeper of the great Seale to append the great Seale thereto And declares that the same being so sealed and returned to the Parliament of England is and shal be unto them a full and perfect security By this their act given at Edinburgh the 26. of August 1641. yeares ACT. VII ACT DISCHARGING JAMES BANNATINE His patent of the pearling Ultimo Augusti 1641. OUr Soveraign Lord and Estates of Parliament having read and considered the reasons grievances and prejudices given in and complained upon in this present Parliament against the gift and patent granted to James Bannatine in leith anent the pearling and finding the famine gift and patent hurtfull and prejudicial to the country and lieges Have therefore rescinded retreited cassed annulled and discharged and by the tenour hereof rescinds retreits casses annuls and discharges simpliciter the foresaid gift patent granted to the said James Bannatine anent pearling And declares the famine gift and patent to be extinct null and ineffectuall in all time comming And also our said Soveraigne Lord with advice and consent of the estates of Parliament prohibits and discharges all importation and inbringing of forraigne pearling within this kingdome in any time comming under the paine of confiscation thereof to his Majesties use And siclike our said Soveraigne Lord with advice foresaid renewes the act of Parliament made in anno one thousand six hundred twentie one yeares Intituled anent banquetting and apparell in the second head and article thereof viz. That no person of whatsoever degree shall have pearling or ribbining upon their ruffes bands serkes napkins and socks except the persons priviledged in that act And the pearling and ribbining to be so wome by them if any be to be of these made within the kingdome of Scotland under the pain of an hundered pounds toties quoties as the said act in that article thereof beares And ordains the famine act in that head and article foresaid to have ful strength force and execution and to stand as a Law conforme to the tenour thereof ACT VIII ACT DISCHARGING UNLAWFULL Marriages 1. September 1641. OUr Soveraign Lord and Estates of this present Parliament considering the great abuse and dangerous evill that hath followed and may follow upon frequent marriages of the persons Inhabitants within this kingdome going to the neighbour Kingdomes for getting themselves married there which they could not obtaine in this Kingdome by the lawes and constitutions thereof Therefore and for remedy of that evill and for preventing such in time comming prohibites and discharges all men and women having both their ordinary residence within this Kingdome to get marriage to themselves with others within the Kingdome of England or Ireland without Proclamation of Banes here in Scotland and against the order and constitutions of this Church or Kingdome under the paies following viz. for ilk Nobleman so married one thousand pounds for ilk landed Gentleman one thousand markes for ilk Burges five hundred pounds and for ilk other substantious person five hundred marks for a Yeoman one hundred pounds for ilk person of inferiour qualitie one hundred marks The one halfe of the which penalties shall belong to the King the other to the Parish or Parishes where the married parties did reside And ordains the King and Kirks Advocate to pursue before the civill Judge therefore And in case of the poore condition of any man married in manner foresaid Ordains him to be punished by stocks or irons Which paines corporal and pecunial shall no wayes be prejudiciall or derogate from the order and censures of the Kirk to be inflicted against the delinquents ACT IX ACT ANENT NON-COVENANTING Patrons 2. September 1641. OUR Soveraign Lord and Estates of Parliament considering that all his Majesties subjects within this Kingdome are by Acts of Parliament ordained to subscribe their Nationall Oath and Covenant Therefore his Majestie and Estates ratifie and approve the Act of Parliament made by his Majesties dearest Father of blessed memorie Parl. 1. c. 9. whereby it is ordained that no person be Judge Procurator Notar or Member of Court who professeth not the true Religion together with the Act of ratification thereof with the addition and declaration thereof therein contained made by his Majesties said umwhile Father Parl. 20. cap. 3. And finds and declares that the saids Acts shall be extended to all persons whatsoever who have not subscribed or refuse to subscribe the said National Oath and Covenant And such like
NON-COMMUNICANTS And Excommunicate Persons 10. September 1641. OUR Soveraigne Lord and Estates of Parliament Ratifies the two Acts of Parliament anent the escheats of excommunicate persons made by his Majesties Father of blessed memory one therof Par. 14. cap. 197. and the other Par. 20. cap. 3. with the addition and declaration following that no gift of escheat past or to bee past upon excommunication or horning upon excommunication shall be vallid but the samine is declared to have been and to be null in all time comming by way of exception or reply and declares the saids two Acts ratified as said is with the addition foresaid made thereto to be extended to all excommunication pronounced or to be pronounced against whatsoever person or persons and for whatsoever causes And further His Majestie and Estates foresaid Ratifies and approves the Act made by his Majesties Father Par. 16. cap. 17. anent non-communicants every year once with this declaration and addition that the penalties of the contraveeners modified in the said Act be payable in all time coming to the several Presbyteries within the Jurisdiction whereof the contraveeners dwell to be applied by them ad pios usus And that the said Presbyteries or any they appoint shall have power to crave receive and pursue for the same And further Our Soveraigne Lord and Estates foresaids for the greater terror and the more effectuall reclaiming of all excommunicate persons declares that all persons whatsoever according to the degrees and qualities mentioned in the said Act lying under the sentence of excommunication shall be lyable to the paines and penalties therein contained and that yearely after the sentence of excommunication ay and while they be relaxed therefrom and reconciled to the Kirk And also declares that the said yearely penalties against excommunicate persons shall pertain to every paroch Kirk and Kirk session in burgh or land-ward within their owne bounds to be applyed ad pios usus And that they or any person they appoint shall have power to crave receive and pursue the famine to be applyed to the pious uses of the severall paroch Kirk sessions where the contraveeners dwell And in case of the paroch kirk sessions their slacknesse the Presbyterie to exact after the expiration of yeare and day after the contraveening And further declares the donators to the excommunicate persons their simple escheat and life-rent and all other intrometters with their goods and geir and livings shall be liable to the payment of the saids paines and penalties in the samine manner as the excommunicate persons are lyable themselves And because in the said Act there is no particular penalty modified against Burgesses Therefore His Majestie and Estates foresaids ordaines everie Burges that beares or hath borne office of Magistracie so oft as he shall contraveene the said Act To pay the summe of two hundred marks and every other burges the summe of fourtie pounds And such like ordaines the said persons to be liable in the saids penalties respective not only for their own personall contraveening of the said Act but also so oft as the same shall be contraveened by their wives respective and also so oft as the same shall be contraveened by their children they shall incurre the fift part of the saids paines respective for every bairne not forisfamiliat and of the age of fifteen yeares compleat and that toties quoties they shall contraveene the said Act And such like that every servant so oft as he shall contraveene the said Act shall pay one yeares fee toties quoties lawfull requisition being alwaies made to the saids Wives Children and Servants by their Pastor or Presbyterie to give obedience to the said Act. ACT XIIII ACT ANENT THE BULLION 10. September 1641. OUR Soveraigne Lord and Estates of Parliament Considering that one of the chiefe waies for bringing in of money into this Kingdome hath been bullion which now for lacke of the true way of managing thereof is become unprofitable Therefore our Soveraign Lord with advice and consent of the saids Estates Statutes and Ordaines that in time comming all and every Merchant passing forth of this Kingdome with any Merchandize or sending the same forth of this Countrie at the customing of the saids goods shall find sufficient security to the customers for importing and inbringing such quantity and proportion of Bullion as by the Lawes of this Kingdome is due for the saids goods transported by them and shall accordingly deliver the same and cause be delivered to the Master of the Coine house and shall receive back again his Majesties coine of this Kingdome And shall make faith that the same was brought by them from forraign parts or by others in their name and discharges all payment of Bullion before the hand and all pactions made anent Bullion one with another and paying of the same with his Majesties coyne or with any silver that is within the Countrey already under the pain of doubling of the said Bullion As also because the Bullion is ordained to be payed to the master of His Majesties coine house who hath his only residence in Edinburgh and that thereby many Merchants who dwell not within the said Burgh will be put to great and unnecessary charges for a small matter of Bulion Therefore it is declared that it shall be lawfull to the saids Merchants to send the famine to the said Master of the coine house providing he send therewith an attestation under his oath and hand if he can write and under his mark if he cannot write and both before two subscribing witnesses of Magistrates or Councell of the Burghs where they dwell that the said Bullion due by him was brought within this Kingdome from forraine parts and that the same was not acquired nor bought by him within the same ACT XV. ACT ANENT THE ELECTION OF Officers of Estate Counsellours and Sessioners 16. September 1641. OUR Soveraigne Lord and the Estates of Parliament considering that whereas there was an Article in the Treatie anent the manner of choosing and placing of Officers of State Counsellours and Sessioners whereof the answer was remitted to be determined by his Majestie and this Parliament And his Majestie being willing to give this his ancient and native Kingdome all satisfaction possible That fit and qualified persons shall ever fill these places And considering that his Majesties residence because of his great affaires will be more ordinary in England then here whereby the qualification of persons may not at all times be so well knowne to him Therefore his Majestie with advice and consent of the Estates of Parliament Declares for himselfe and his Successors That he will nominate and make choice of such able and qualified persons to fill these places as shall be fittest for his service and may give most contentment to the Estates of Parliament Which nomination and choice His Majestie will make with the advice and approbation of the saids Estates of Parliament during their sitting And if any of the saids
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
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
Majesty and Estates declares such other persons shall fill their places as his Majesty shall think fit by advice of the remanent Commissioners who must receive and admit them upon the said Commission and take their oaths for faithfull discharge of the same And his Majesty and Estates ordaines this present Commission to indure unto the _____ ay and while the famine be expresly discharged by his Majesties warrand with consent of the Estates for that effect And his Majesty with consent of the Estates foresaid findes declares and ordaines the acts decreets and ordinances of the Commissioners foresaid and of the other persons who shal be surrogate in their places by his Majesty in manner foresaid in the whole particulars above specified and every one of them to have the force strength and effect of a decree sentence and Act of Parliament And ordaines the Lords of Session to grant and direct letters of horning pounding and others thereupon upon a simple charge of ten dayes or otherwayes as shall be found necessarie Attour for clearing of all doubts and difficulties which may arise anent the rectifying of valuations or other particular heads following His Majestie and Estates have declared and declares that where valuations are lawfully led against all parties having interest and allowed by the former Commissioners according to the order reserved by them that the famine shall not be drawn in question nor rectified upon pretence of enorm lesioun at the instance of the Minister not being titular or at the instance of his Majesties Advocate for and in respect of his Majesties annuity except it be proved that collusion was used betwixt the titular and heretor or betwixt the Procutor Fiscall and heretors and titular which collusion is declared to be where the valuations are led with diminution of the third of the just rent presently payed And which diminution shall be proved by the parties oaths It is alwayes declared that the provisions of the former Commission so far as they are conceived in favours of the Colledges Hospitals and Ministers are herein renewed As also that Ministers serving the cure who leade their teinds And that Colledges Schooles and Hospitals be not constrained to sell set nor dispone their teindes in prejudice of their successours notwithstanding of the valuations thereof Like as the Kings Majestie and Estates grants power to the saids Commissioners to do every thing necessary for setling and establishing the right of any teinds of the prelacies appointed by them in favours of the saids Kirks Schooles Universities and Colledges according to their severall divisions as also to set down rules and wayes how the same shall not thereafter be delapidate or made worse by the titulars for the time And his Majesty and Estates declares That all his Majesties subjects who are willing to buy their teinds shall be oblisht to pay the price thereof contained in the Act made thereanent within the space of two yeares after the famine beis valued and approven before the saids Commissioners And that after the expiring of the said time the titular shall not be compelled to sell the famine except they doe it of their owne good will With this declaration alwayes that in case the impediment induring the space foresaid flow from the titular by reason of his minority or other inability in that case the Heretor who offereth himselfe ready to buy his owne teind within the space foresaid shall have place so soone as the impediment is removed to buy his teinds notwithstanding of the expiring of the yeares and space above exprest And it is declared that if the heretors be minor and his tutors neglect the buying of his teinds within the space foresaid The minor shall have action for two yeares after his minority to compell the titular for selling of the saids teinds Likeas his Majesty and Estates of Parliament grants power to the saids Commissioners to give recompence to parties for the augmentation of stipends to be imposed by this present Commission in the same way as was done by some former Commissions as 1617. yeares Likeas it is hereby declared that where by mistaking and wrong compting there was a greater quantitie assigned to the minister out of any mans teinds nor is due by proportion according to the valuation that the Commissioners may rectifie the same without diminishing the ministers stipend or wronging his possession untill it be given out of other teinds in the paroch Likeas it is declared that where the assignations are made wrong in the quality that the same might be reduced to the just number of bols of meale beire and wheat answerable to the valuation With power also to the saids Commissioners to assigne the few dueties of the parts of land called Parsons and Viccars gleibes to the ministers and others serving the cure ACT XXXI COMMISSION ANENT THE ARTICLES Referred to Consideration by the Treaty 16. November 1641. OUr Soveraigne Lord with consent of the Estates of Parliament Considering that there are sundry heads of the Articles of the Treaty of peace betwixt his Majesty and his Subjects and betwixt his Majesties Kingdoms of Scotland and England which are referred to bee taken in consideration by the Commissionars to bee appoynted by his Majesty with consent of both Parliaments who shall have power to advise and treate thereupon and to report their proceedings therein to his Majesty and to the Parliament of both Kingdomes respective and specially the articles after specified And his Majesty with consent foresaid being willing that a Commission bee exped on their part for advising and treating upon the saids Articles with the Commissioners chosen or to bee chosen by his Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland Therefore his Majesty with advise and consent of the Estates gives and grants full power and Commission to the persons after specified William Earle of Lothiane John Earle of Lindesay Lord Parbrothe and Struther John Lord Balmerino Sir Thomas Myretoun of Cambo Sir Thomas Hope of Kerse Sir Archbald Johnstoun of Wariestoun Sir John Smyth of Grottell Burgesse of Edinburgh Patrik Bell Merchant Burgesse of Glasgow and Mr. Robert Barclay Burgesse of Irving as also to John Earle of Lowdoun Chancellour of Scotland and Archbald Marquesse of Argyle Earle of Kintyre Lord Lorne or any of them two who beis at Court To bee of the Commission with the remanent Commissioners above named With power to the saids whole Commissioners above named or any five of them there being one thereof at least of every Estate to conveene with the Commissioners chosen or to bee chosen by his Majesty with consent of the Parliament of England within which is included the Parliament of Ireland as said is at whatsoever places and times convenient to bee accorded amongst them and there to consult advise treat and agree upon the speciall Heads and Articles following viz. Anent the Demand concerning the making war with Forreigners and anent Leagues and Confederations
to bee made with forraign Princes and Estates and concerning mutuall Supply in case of forraign Invasion and also concerning mutuall Trade and Commerce betwixt the Kingdome of Scotland England and Ireland and anent the pressing of Ships and men by sea or land and al 's anent Naturalization and mutuall Capacity of the Subjects of both Kingdomes who either of them respective of all Dignities Liberties Priviledges and other Benefits Ecclesiasticall or civill and others of that nature and concerning the lawfullnesse and solemnity of the extracts of Bands or Decreets in either of the saids Kingdomes And al 's concerning the manner of safe conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland of the moneys given and promitted by way of brotherly supply and assistance to the Estate and Kingdome of Scotland by the Parliament of England And concerning what assistance Scotland shall give to England for suppressing of the Rebellion in Ireland or to the Prince Elector conforme to the instructions given or to bee given to them for that effect by the Lords of secret Councell to whom his Maiesty and Estates of Parliament remits the same And what the saids Commissioners their treaties with the saids Commissioners of England and Ireland resolves and concludes upon that they may make timous and due report thereof to his Majesty and the Estates of this Kingdome ACT XXXII COMMISSION FOR CONSERVING OF The Articles of Treaty 16. November 1641. OUR Soveraign Lord Considering That by the late Articles of Treaty concluded betwixt the Commissioners of His Majesties Kingdome of Scotland and England Ratified by Parliaments of both Kingdoms It is thought fit and necessary for observing the saids Articles of Treaty made for establishing a firme and constant peace That Power and Commission be granted by his Majesty by advice of the Estates of Parliament of both Kingdoms to the effect contained in the said Articles of Treaty for performance wherof upon the part of His Majesties said Kingdom of Scotland His Majestie with consent of the Estates of the said Kingdome by thir presents Gives and grants power and Commission to the persons after-specified viz. John Lord Lowdoun Chancellour James Duke of Lennox James Marquesse of Hammiltoun Archbald Earle of Argyle William Earle of Mortoun Alexander Earle of Eglintoun William Earle of Glencairne Charles Earle of Dumfermling Robert Earl of Roxburgh William Earle of Lothian John Earle of Lauderdaill George Earle of Kynnowll William Earle of Lanerk Alexander Earle of Levin John Lord Lindesay John Lord Balmerino James Lord Almond Sir Patrik Hepburne of Wauchtoun Sir George Dundas of that ilk Sir Thomas Myretoun of Cambo Sir Patrik Hammiltoun Sir Thomas Hope of Kerse Sir Robert Innes of that ilk Sir Archbald Johnstoun Sir Alexander Erskene of Dun Sir David Home of Wedderburne Sir Robert Griersone of Lag Sir William Scot of Harden Sir Iohn Charters of Amisfeild _____ Ruthven of Frieland _____ Campbell of Cessnok Sir David Grahame of Morphie Sir Hary Montgomrie of Giffen Sir William Forbes of Craigievare Sir William Douglas of Cavers Edward Edgar Patrik Bell William Glendoning Iohn Smith Master Robert Barclay Thomas Durham Iames Fletcher Patrik Leslie Thomas Bruce George Bell Iames Sword Iohn Rutherford Master Iohn Corser Hugh Kennedye Iohn Semple Master Robert Cunyngham Master Alexander Douglas Richard Maxwell or any twelve of them With power to them or any twelve of them as said is there being at least two of every Estate at any time or times in the Interim betwixt the sitting of the Parliaments To conveene amongst themselves or with the Commissioners chosen or to be chosen to the same effect by His Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland at whatsoever places and times convenient to be accorded unto amongst themselves And to be carefull that the peace now happily concluded may be continued And to endeavour by all lawfull meanes for preserving and keeping of the saids Articles of peace concluded in the foresaid Treaty allanerly And therewith to use all their care to preveen all trouble and division which may arise by the breaking and violating of any of the saids Articles concluded in the said Treaty as said is And if any debate or difference shall happen to arise to the disturbance of the said common peace That they labour to remove or compose the famine according to their power granted to them in manner foresaid and no other wayes It being alwaies provided That for all their proceedings in this kinde they shall be answerable for the lawfulnesse thereof to the Kings Majesty and the Parliament respective and if any thing fall forth beyond their power and which cannot be remedied by them that they informe themselves of the particulars thereof and represent the same to his Majesty and to the ensuing Parliaments respective That by his Majesties wisedome and authority and theirs all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all posterity And it is declared that the power of this Commission shal be restrained to the Articles of peace concluded in the said Treaty as said is and shall endure for the interim betwixt Parliaments allanerly and shall expire at the next ensuing Parliament at the which the said Commissioners shall be holden to give an account of their diligence and proceeding in the premisses ACT XXXIII ACT ANENT THE FIVE INCENDIARIES And the Plotters And the Kings declaration there-anent 16 November 1641. THe Estates of Parliament considering that whereas albeit John Earle of Traquhair Sir Robert Spottiswood of Donipace knight Sir John Hay of Baro knight late Clerk register Doctor Walter Balcanquell and Mr. John Maxwell somtime pretended Bishop of Rosse are cited before them and accused as guilty of divers haynous and treasonable crimes perpetrated and committed by them against the Common wealth contained in their severall ditties which they have just reason to prosecute Neverthelesse the saids estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native kingdome and his fatherly care and wisedome in composing of all past differences and providing for the future to the great joy and happinesse of all his Subjects doe in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdom Declare that for acquitting themselves of their oath they will onely proceed to the exact triall of the saids parties by a committee to be appointed and authorized by the king and Parliament in respect of the present necessity of their other affaires And after tryall shall be taken of the saids
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
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
by and attour the prejudice sustained by their master and other punishment of their bodies ACT XLVIII ACT DISCHARGING THE MIXING OF TIN With lead 16. November 1641. OUR Soveraign Lord and Estates of this present Parliament considering the great hurt sustained by his Majesties Lieges by the fraudulent dealing of pewterers in mixing the finer sort of tinne brought from England France Flanders and other parts beyond sea with baser and courser mettall of tin and lead their exacting greater prices betwixt the new cassin by them and the old which they receive from the lieges For remeed wherof it is statute and ordained that the pewterer or founder of tin shall put the marke of the thrissle and his owne name upon every piece of worke that hee happens to cast and that the same shall bee of the finest of the pewter marked with the rose in England And in case the same be under the finesse of the said pewter of England that the same shall bee confiscate and hee punished in his person at the discretion of the Magistrates of the Burgh where he dwells And to that effect that there bee a visitor appoynted by the Magistrates for trying of the famine As likewise that he shall take betwixt the pound of old tinne and pewter marked with the rose foresaid which he receives from the Lieges and the pound of new cassin by him eighteene pennies allanerly under the pain foresaid ACT XLIX ANENT DOCQUETING AND PRESENTING Of Signators 16. November 1641. OUR Soveraign Lord with advice and consent of the Estates of Parliament Considering that by the twentieth Act of his Majesties dearest Father King James the sixth his tenth Parliament for avoyding the prejudice did then arise by the subscribing of sundry Signators and Letters at the importunate suite and desire of sundry persons His Highnesse not being informed or timely warned to the effect and contents thereof Therefore his Majesty with the advice of the Estates conveened in Parliament did statute and ordaine that no Signator nor Letter whatsoever shall bee presented to his Majesty in time coming but by his ordinary officers unto whom the famine properly belongeth or who have power of docqueting and presenting by their patents as the Act at more length beareth And his Majesty with advice and consent foresaid also considering how prejudiciall it is to his Majesties honour and the peace and good of his Majesties Subjects That Signators of one and the same thing without his Majesties certaine knowledge shall passe his Majesties hand in favours of severall persons or that Letters of contrary tenours shall bee signed by his Majesty and directed to Officers and Judges within this Kingdome The onely occasion thereof is that others then the said Officers or their Deputes or others foresaid to whom the famine may belong Takes upon them to present Signators and Letters to his Majesty for their friends and acquaintance either not knowing the former Signator or Letters of contrary straine or of set knowledge to reverse what hath beene done before without giving true information or reasons to move his Majesty to signe these Signators or wrest contrary Letters For remeed whereof his Majesty with advice and consent foresaid ratifies and approves the foresaid Act in all the poynts therof and declares that it shall not bee leisome or permitted to any person or persons whatsoever to present any Signator Writ Letters or Warrant to bee signed by his Majesty except by the saids ordinary Officers unto whose Office the famine properly belongs and by others foresaids having power and warrant as said is And that his Majesty may the better know what passeth his highnes hand and upon what grounds and reasons he signes the famine it is expedient that any of the saids officers that shall present any signator writ letter or warrand to be signed by his Majesty shall cause register the docquet of the same in a Register and send the just and authentike double thereof subscribed with their hand to his Majesties Secretary who shall be obliged to give his Majesty notice and timous warning of any prior deed different or contrair to the posterior that his Majesty may either refuse the same or specifie his Majesties certaine knowledge for passing and signing thereof ACT L. ACT ANENT THE ELECTION OF The President of Parliament 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering how necessary and expedient it is that in every Parliament to be holden within this Kingdom there be a President of Parliament chosen by his Majesty or his Commissioner and Estates of Parliament to proceed in all matters to be agitate in Parliament Therefore his Majesty with advice and consent foresaid Statutes and ordaines that in all succeeding parliaments after taking of the oath of Parliament by all the members thereof they shall make choice of the Lord Chauncellour or any other the King or his Commissioner and the Estates shall appoint to be President of Parliament who shall remaine and continue President al 's well in that Parliament wherein he is chosen as in the next Parliament subsequent untill the said oath be taken and another chosen to be President in his roome ACT LI. ACT ANENT THE SUPERIORITIE OF Lands and others which formerly held of Bishops and their Chapters to be now holden of the King 16. November 1641. OUr Soveraigne Lord and Estates of Parliament for removing all doubts and questions that may arise anent the superiorities of these lands milnes fishings heritable offices and others which held of the late pretended Bishops or of their chapters by reason of the abolishing of Bishops and chapters foresaid forth of this Kirke and Kingdome and to the effect the subjects and vassals of these holdings may be put in assurance here-anent have statute ordained and declared and by thir presents statutes ordaines and declares That all these superiorities which formerly pertained to the saids pretended Bishops and their chapters now abolished as said is doe now pertain and belong and shall hereafter pertain to our Soveraign Lord His Highnesse Successours in all time coming And that the Vassals of these Lands Mils Fishings heritable Offices and others which formerly held of the famine Bishops and their chapters doe now and shall in time coming hold the famine of our Soveraign Lord the Kings Majesty and His Successours in the same form and manner of holding as they formerly held of the saids Bishops and their chapters conform to the saids vassals their infestments and rights made and pertaining to them which are hereby declared to be unprejudged by the abolishing of the saids Bishops and their chapters their former Superiours And siclike Our said Soveraign Lord and Estates of Parliament declare all these services of heires to their defunct predecessours to any of the Lands and others holden of the saids Bishops since the excommunication of Bishops whereby these heires are served to the saids Lands to be holden of the Kings Majesty to be vallid and lawfull services and
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
to an Act made in this present Session of Parliament with consent of the Estates whereby his Majesty for himselfe and his Successours hath willed enacted and ordained that now and in all time coming the Officers of State Lords of secret Councell and Lords of Session on whose care wisedome and fidelity in their severall judicatories which next unto the supreme Court of Parliament are the chiefe and principall judicatories depends the weal and happinesse of the government shall be chosen now and in all time comming by His Majesty and his Successours with advice and approbation of the Estates of Parliament when they are sitting and for the interim with advice of the Lords of secret Councell and Session respective as in the said Act of Parliament at more length is contained Therefore His Majesty hath with speciall advice and approbation of the saids Estates nominated elected and chosen the persons after following Lord Loudoun Chancellour Duke of Lennox Marquesse of Hammiltoun Earle of Argyle Earle Marshall Earle of Sutherland Earle of Mar Earle of Mortoun Earle of Eglintoun Earle of Cassils Earle of Glencairn Earle of Murray Earle of Pearth Earle of Dumfermling Earle of Wigtoun Earle of Kinghorne Earle of Roxburgh Earle of Sea-forth Earle of Lauderdaill Earle of Lothian Earle of Kinnowl Earle of Southesk Earle of Weymes Earle of Dalhoussie Earle of Finlater Earle of Lanerk Earle of Levin Lord Angus Lord Lindesay Lord Yester Lord Sinclair Lord Elphingstoun Lord Balmerino Lord Burghlie Lord Almond Lord Balcarras Clerk Register Advocate Justice Clerk Thesaurer Depute Master of Requests Sir Robert Gordoun Sir William Douglas Sir Patrike Hepburne Lord Dundas Lord Fintrie Lord Cambo Lord Dun Lord Innes Lord Morphie The Provest of Edinburgh for the time being and thir supernumerarie Councellors English viz. _____ Earle of Arundall _____ Earle of Pembroke Earle of Salisbury _____ Earle of Holland To whom or any nine of them by these supernumerary above named His Majesty with advice and consent of the said Estates hath committed and commits the administration and governement of this his Majesties native Kingdom in all affaires concerning the peace good and happinesse thereof which by the Lawes and Custome of this Kingdome pertaines to the judgement cognition and determination of his Majesties privie Councell with power to them or any nine of them as said is to meet and conveen at the place appoynted for the ordinair residence of his Majesties privie Councell within the burgh of Edinburgh or at any other place or places which by common consent in case of any necessity or urgent occasion thereof shall bee found most fit and convenient and there to advice consult deliberate conclude decerne and determine upon all and sundry affaires purposes and actions which may concerne the good and peace of the Kingdome according to the Lawes and Acts of Parliament established or to bee established within the famine and to heare decide and determine upon all causes and actions betwixt Subject and Subject proper to bee decided by the Lords of his Majesties privie Councell and that none bee present at their meetings but such as are of the privie Councell with the clerke of the privie Councell whom his Majesty with advice foresaid continues in his place as of before His Majesty with advice and consent foresaid hath likewise given and granted and by the tenour hereof gives and grants full power and Commission to the said Councell and every one of them upon any interveening occasion of disorder or trouble in such parts of the Countrey where they shall remaine for the time To command and charge the person or persons committers of such disorders to observe and keepe his Majesties peace and to charge the contraveeners thereof to enter their persons in ward in such part or places or within such a short space as the said Councellour shall think meet there to remaine till order bee taken by a full number of the Councell in the matter wherein they have offended Providing alwayes he be comptable to his Majesty and the rest of the Councell and that no just cause of complaint be heard against him And if the person or persons so charged to ward shall happen to disobey and contemn the charge his Majesty with advice and consent of the saids Estates declares that upon report thereof to the Councell a pecuniall summe shall be imposed upon the offender according to the quality of his person and nature of his offence and the Councell is to cause apprehend the offenders and commit them to ward with power likewise to the said Councell to make and set downe Acts and Ordinances for governement of the Kingdome and suppressing of disorders within the same With power likewise to the said Councell to give and appoynt Assessors to the Justice generall and his Deputies in case of necessity and to give warrant to the said Justice his Deputes and Assessors for continuing execution after conviction or for mitigating the punishment of the Law in criminall causes if the nature and quality of the crymes shall require to grant Commissions of Justiciarie in matters criminall other Commissions in matters concerning the weale of the Kingdome and al 's with power to them to give warrant to the said Justice generall his Deputes and others Commissioners foresaids for imponing of fines or pecuniall summes upon the crimes of Adultery bearing and wearing of Hagbuts and Pistolets usury and such other transgressours of the acts of Parliament where the punishment by the Law is inflicted upon body or goods or left to the arbitriment of the Judge And likewise with power to them to grant exemptions from hostes raids assises and licences for departing out of the Kingdome according to the conditions contained in the act of Parliament And alse with power to the said Councell in case an open and avowed rebellion shall happen to be raised within the said Kingdome which cannot be redressed but by force To give commission of Lieutenantrie and Justitiarie for repressing of the said rebellion and to direct charges to such parts of the countrey as they shall think fit for concurrence to be given in execution of the said commission and to give order and direction to furnish and advance the summes of money that shall be requisite in such expeditions With power likewise to the said Councell to raise the Session upon any interveening occasion or necessity and to appoint times and places of their downe sitting And generally with power to the said Councell to do use and exerce all and every thing which the Councell of the said Kingdome did or might have done the time of his Majesties late Father Providing alwayes like as his Majesty expresly provides with advice and consent foresaid that this Commission shall no wayes be prejudiciall to the commission of Exchequer And it is declared that any nine of the said Councell shall be a sufficient number and make a Session providing the Lord Chancellour be one of the nine and in case of the
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
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
service and whose fees and recompences are not already allowed and appointed And also with power to them to allow and appoint such fees and recompences to all others who shall necessarily be imployed and intrusted by them as they shall find reasonable And in case any of the above named Commissioners shall happen to depart this life during the indurance thereof It shal be leasome to the rest of the saids Commissioners of that Estate or most part thereof to elect nominate and appoint others in the place of these who shall happen to depart ilk Estate choosing Commissioners in place of these who shall happen to decease of their own estate Like as our said Soveraign Lord and Estates of Parliament doe hereby require and command all and every person within this Kingdome and all others whom the famine may concerne as they will answer at their highest perill that they give exact and ready obedience to such orders warrants letters and directions as shall be given forth ordered and directed by the saids Commissioners or their quorum foresaid anent the whole premisses Requiring also all Sheriffes of Shires Magistrates of Burroughs Stewards of Stewartries Bailiffes of Regalities Provosts and Bailiffes of Burghs and all others persons whatsoever upon their highest perill as they shall be required to assist and concurre to the executing and obeying of such orders warrants and other dispatches as shall be directed and given forth by the saids Commissioners to the effect above specified With power likewise to the saids Commissioners and their Quorum to call for the assistance advice and information of any persons within this Kingdome of whatsoever quality for cleering of whatsoever questions doubts or scruples which may arise occurre in any particular concerning the premisses as occasion shall offer who are hereby required to assist the saids Commissioners by their presence counsell information and advice as they shall be desired for that effect And it is ordained that horning pounding and caption and all other manner of execution personall and reall shall be directed upon all warrants acts and orders of the saids Commissioners and their Quorum for the better obeying and executing of the famine and for the more ready and timous payment of the said publicke dues Which Commissioners above named are and shall be liable and countable to his Majestie and the Parliament for their exact diligence and constant attendance And for their carriage in the right discharging of this present Commission intrusted to them and every part and particular thereof Like as they shall be obliged to report and represent to the next Parliament a full accompt of their proceedings and deportments anent the premisses Together with the true estate and condition of the burdens and affaires of the publick to the effect that his Majestie and the Parliament after consideration of the premisses and of their proceedings and carriage thereintill may take such farther course thereanent as shall be found expedient And it is also hereby declared That the nomination made by his Majestie and the Parliament of a Clerke to this Commission is and shall bee but prejudice of the Clerk of the Registers right to depute Clerks to all other Commissions from the Parliament seeing the present Clerk Register consented to the Parliaments choosing of a Clerk to this Commission in respect the present Clerke Register being generall Commissar to the late Armie is a principall partie to compt to this Commission for his charge and discharge and so could not depute a Clerk to this judicatorie where he is to make his own compts ACT XXV ACT OF APPROBATION TO THE Committee of Estates 15. November 1641. OUr Soveraigne Lord with advice and consent of the Estates of Parliament considering that forsameikle as the Estates of Parliament in June 1640. for the reasons and considerations at that time moving them did nominate elect choose and appoint umwhile John Earle of Rothes John Earle of Cassils Charles Earle of Dumfermling John Earle of Wigtoun William Earle of Lothian John Lord Lindesay John Lord Balmerino Robert Lord Burghlie James Lord Couper John Lord Loure Sir Alexander Gibson of Durie Sir John Hope of Craighall Sir John Scot of Scotistarbet Senators of the Colledge of Justice Sir Patrik Hepburne of Wauchtoun Sir David Home of Wedderburne Sir Patrik Murray of Elibank Sir Patrik Hamiltoun of Little-prestoun Sir William Cunyngham of Capringtoun Sir William Douglas of Cavers Sir Thomas Nicholson of Carnok James Chalmers of Gadgerth Sir Thomas Hope of Kerse Drummond of Riccartoun John Forbes of Leslie Mr. George Dundasse of Maner John Smyth Edward Edgar Thomas Paterson Richard Maxwell Burgesses of Edinburgh Mr. Alexander Wedderburne Clerk of Dundie Mr. Alexander Jaffray Burgesse of Aberdene or Mr. William More in his absence William Hamiltoun Bailiffe of Linlithgow James Sword Burgesse of Saint Andrewes George Porterfield Bailiffe of Glasgow Hugh Kennedie Bailiffe of Air James Scot Burgesse of Montrose and John Rutherfurd Provest of Jedburgh and certaine other persons to be Commissioners from the saids Estates to whom they gave and granted full power warrand and commission to doe order direct act and put in execution every thing necessarie expedient and incumbent as well for the preservation and maintenance of the Armies both Horse and Foot by Sea and Land as for the ordering of the Countrey and whole Bodie and Inhabitants thereof deciding of questions and debates which should happen to arise or fall out in any businesse which should occasion or offer within the Kingdome concerning the peace and quiet thereof But prejudice of the ordinarie judicatories established within this Kingdome by Acts of Parliament And with power to them to borrow up-take and levie moneys for the use of the publick and to give and prescribe order and directions for disbursing thereof And generalitie did give them full power To doe all and sundrie other things requisite anent the ordering directing managing prosecuting and executing of all affaires and businesse of this Kingdome which might or should conduce to the weal of the famine or any part thereof and which might or could be needfull to be done by them for maintenance and preservation of the religion and liberties of this Kingdome anent the premisses as the said commission of the date the 11. day of June 1640. in the same at more length beares And siclike the saids Estates did nominate and constitute Mr. Adam Hepburne of Humbie to be Clerk to the said Commission and gave him power to substitute deputes one or more And his Majesty and the saids Estates now presently conveened having taken to consideration the paines taken by the saids Noble-men Barons Burgesse and other particularly above rehearsed al 's well these who remained at Edinburgh as these who went along with the Armie and resided at the Camp or sent as Commissioners to Rippon and London and of the said Mr. Adam Hepburne and Robert Hepburne his Colleage who served as Clerks in the said Commission They find that they have walked
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
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
of the saids Estates makes nominates and constitutes John Earle of Loudoun High Chancellour of this Kingdome Archbald Earle of Argyle Lord Campbell and Lorne William Earle of Glencairne Lord Kilmars John Lord Lindesay of Struther and Sir James Carmichael of that ilk Knight Thesaurer Depute his Majesties Commissioners to the effect under-written And gives and grants to them or any three of them the full place and power of His Majesties high Thesaurer Comptroller Collector and Thesaurer of his Majesties new augmentations with all liberties priviledges immunities benefits and emoluments whatsoever pertaining to the said place of high Treasurer Comptroller Collector and Thesaurer of his Majesties new augmentations and that in as ample manner and quality as the famine was in the Persons of any of His Majesties high Thesaurers in any time of before With power to them or any three of them to uplift gather and intromet with all and sundry His Majesties rents revenewes customes imposts casualities commodities dueties and others whatsoever any wayes belonging to his Majesty within this Kingdome or to his Majesties dearest Sonne the Prince and that of all years and termes by-gone and yearely in time comming and with power to them or any three of them with advice of the remanent Commissioners of Exchequer contained in his Majesties Commission under the great Seale and according to the tenour thereof to compone passe and subscribe signators gifts confirmations escheats liferents remissions tutories gifts by forfeiture recognition wards marriages reliefe non-entresses legittimations presentations taks rentals licences dispensations and others dispositions writs and securities whatsoever pertaining to the saids Offices or any of them or to the power and priviledges thereof But prejudice alwayes to the said Sir James Carmichael Thesaurer Depute of his gifts of the office of Thesaurary Depute whole liberties power and priviledges therein contained which are holden as herein exprest but adding or paring to him in the point of receiving and without derogation in any sort to this present act and commission And it is declared that the yearly fees and other casualities due to his Majesties principall Thesaurer and especially the summe of foure thousand pounds scots money shall bee divided equally amongst the saids first foure of the said commissioners by the said Thesaurer Depute who hath right to his owne fee and casualities by vertue of his gifts granted to him thereupon And His Majesty with consent foresaid ordains the Lords of His Majesties Privie Councell Session or Exchequer to grant and direct letters at the instance of the saids Commissioners for answering and obeying them their chalmerlands under receivers and officers of all and sundry of His Majesties rents casualities customes imposts and duties belonging to the said office and that enduring the time of this present Commission which shall endure to the next Parliament ACT LXIX ACT ANENT RESTITUTION OF HORSE And Armes to the Owners out-putters thereof 17. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that diverse Souldiers aswell foot as horse who were imployed reiked out sent forth with the Armies and Regiments levied during the time of the late troubles Having at their going forth and outreiking received troup-horses arms ammunition horses and baggage horses from the heritors of lands and others who did reik and send them forth and that the saids Souldiers keepers up and withholders or have put away the saids horses and armes intrusted to them from the owners thereof Therefore Our said Soveraigne Lord and Estates of Parliament doe hereby grant full power and warrant to the Committee appointed from the Parliament for regulating and setling of the common burdens and debts of the Kingdome and to all other Judges ordinair aswell to Burgh as Land within this Kingdome within whose bounds any such persons dwell or can be found who have keeped or detained either horses or armes That the saids Judges do forthwith upon complaint of the partie owner of the saids horses and armes call the receivers and detainers or out-putters of them before them and to discern and ordain them to deliver the saids horses and armes to the saids owners or the prices of same their receit of them being lawfully proven And with power to the saids judges to do every thing as lawfull and necessair anent the premisses agreeable to Justice and the Lawes of the Country ACT LXX ACT SALVO JURE CUIUSLIBET 17. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that in the present Parliament there are many particular Acts and Acts of ratifications made in favours of particular persons which may be prejudiciall to parties having intrest and not heard albeit the meaning of the Estates be at this time as it was ever in all preceding Parliaments That by no particular Act or Act of ratification granted to any particular person any other parties should bee hurt or prejudged of their lawfull rights and defences competent to them of the Law For remeed whereof it is statute and ordained that no ratification nor other particular Act whatsoever made in favours of any particular person in this present Parliament be prejudiciall to any other parties rights or defences competent to them of the law But that the saids particular Acts and Acts of Ratification made in favours of particular persons be alwayes understood salvo jure cujusâ—ibet ACT LXXI ACT APPOINTING THE NEXT PARliament to conveen the first Tuesday of June 1644. 17. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that forsameikle as by the Act of Parliament made in the Session of this present Parliament holden at Edinburgh in June 1640. anent trienniall Parliaments It is statute and ordained that before the closure of every Parliament the day of the next subsequent Parliament shall be condescended upon And because this present Parliament is this day by the assistance of God Almighty and his Majesties great wisedome to be brought to an happy conclusion Therefore his Majestie and Estates foresaids appoint and ordaine the first Tuesday of the moneth of June in Anno 1644. yeares to be the day of meeting and conveening of the next trienniall Parliament But prejudice alwayes to his Majesty to appoint any diets of Parliament betwixt and that day as his Majesty shall think fitting And ordaines all the Members of Parliament to meet and conveene at Edinburgh the said first Tuesday of June 1644. and all other persons interessed without any other or farther warning and premonition to be made for that effect declaring hereby that the publication of this Act with the rest of the Acts of this present Session shall be al 's sufficient for meeting and conveening of the whole Members of Parliament as if all former solemnities were used whereanent his Majesty and Estates hereby dispenses FINIS A TABLE OF THE PRINTED ACTS DONE IN THE SESSION Of the second Parliament of our Soveraign Lord King CHARLES c. Holden at EDINBURGH upon the eleventh day of June 1640. And in what Leafe
100 22 Act anent the nomination and election of the Counsellours 101 23 Act anent the nomination and election of the ordinair and extraordinair Lords of the Session 102 15. November 1641. 24 Act anent the Commission for the common burthens of the Kingdom 103 25 Act of approbation in favours of the Committee of Estates 110 26 Act for reliefe of these who have given band for the use of the publicke 112 27 Act for receiving of the remainder of the brotherly assistance from the Parliament of England 113 28 Act discharging the ganging of Salt-pans Mills fishings Kills and other prophanations on the Lords day 115 29. Act anent the nomination and election of Sir James Galloway to bee Master of Requests 116 30 Commission for plantation of Kirks 117 16. November 1641. 31 Commission anent the Articles of the Treatie referred to consideration by the Treatie 123 32 Commission for conserving the articles of the Treatie 124 33 Act anent the five Incendiaries and Plotters with the Kings declaration thereanent 126 34 Commission for trying the Incendiaries and Plotters 127 35 Act for passing from these who are cited to the Parliament as unfriends 130 36 Act anent selling yarne by weight ib. 37 Act anent linnen cloath and breadth thereof 131 38 Act discharging the importation of strong-waters ib. 39 Act anent the excise of herring 132 40 Act anent loyall packing of Salmond 133 41 Act dispensing with the Kings rents uplifted by warrant of the Committee for the publicke use 134 16. November 1641. 42 Act discharging advocations for summes within a hundred pound 135 43 Act for directing of cocquets within the regality of Saint Andrewes in the Kings name ib. 44 Act discharging transportation of eggs 136 45 Act against destroyers of Planting Parks and others ibid. 46 Act ordaining the pursuer of the thiefe to be restored to his owne goods 137 47 Act anent coale-hewens 138 48 Act discharging the mixing of tinne with lead ibid. 49 Act anent presenting and docquetting of signators letters and others 139 50 Act anent the election of the President of Parliament 140 51 Act anent superioritie of lands which held of Bishops and their Chapters ibid. 52 Commission for revising of the Registers 142 53 Act anent Cocquets and entries of Ships 143 54 Act discharging the registration of Comprisings and appointing onely recording and allowing thereof and modifying 40. shillings for both ib. 55 Act discharging the Lords of the Session to exact twelve pennies for the pound and all other exactions imposed upon sentences to be pronounced by them 144 56 Act anent the pardon of penall Statutes 145 57 Act in favours of Orphans fatherlesse children and others ibid. 58 Act in favours of the vassals of ward lands holding of the King and Prince 146 59 Act anent the breadth of plaiding 147 60 Act in favours of the Laicke Patrons of Provostries Prebendaries Chaplainries and Altarages ibid. 61 Act discharging the quotes of Testaments 149 62 Commission for regulating the Commissariats ibid. 63 Act discharging Monopolies 150 64 Commission for the Manufactories ibid. 65 Commission for the Secret Councell 152 17. November 1641. 66 Act discharging the Custome of two and an halfe on the hundred and the impost of foure pound on the Tun. 155 67 Act in favours of Minors anent the duties of the lands comprised from them 156 68 Commission for the Thesaurarie 157 69 Act anent the restitution of the horse and armes to the owners out-putters thereof 158 70 Act Salvo jure cujuslibet 159 71 Act appointing the next Parliament to conveene the first Tuesday of Iune 1644. ibid. THE TABLE OF THE VNPRINTED ACTS AND RATIFICATIONS PAST IN This Parliament which began the last day of August 1639. and did conclude the 17. of November 1641. 1 DEclaration by the Estates of Parliament premitted by them to thir acts and proceedings made in that session of Parliament holden 11. of June 1640. 2 Act in favours of the Lady Loudoun and her children 11. of June 1640. 3 Act and declaration anent the closure of that Session of Parliament 11. of June 1640. 4 Ratification of Generall Lesleys Commission to be Generall 5 Act approving his proceedings as Generall in anno 1639. 6 Ratification of Colonell Hammiltouns commission to be Generall of the Artilerie 7 Ratification of Generall Major Baily his commission 8 Ratification of Generall Major Munros gift 9 Ratification of the Generall Commissars gift 10 Act against the Keepers of the Castle of Dumbartan 11 Act against the Keepers of the Castle of Thrave 12 Decreet of forfeiture against Generall Ruthven and others therein contained 13 Reference in favours of Robert Scot of Dryhoip to the Committee of Estates 14 Reference Laird of Kinhilt to the Committee of Estates 15 Reference for James Arnot to the Committee of Estates 16 Reference for Master William Cunnyngham to the Committee of Estates 17 Protestation by William Dick Provest of Edinburgh anent the custome of ammunition 18 Reference in favours of Sir John Hammiltoun of Reidhouse to the Committee of Estates 19 Instrument and protestation for the Queenes-ferrie 20 Declaration of the Estates anent the Earl of Glencairne his sitting and voycing in this session of Parliament 21 Articles for ordering the house of Parliament 22 Act to the Kings Advocate and Procutors for the Estate for raising summonds against the Earle of Montrose Lord Naper Lairds of Keir and Blakhall 23 Commission for concluding and subscribing the treatie at London 24 Supplications Constable of Scotland and Towne of Edinburgh with the Parliaments deliverance thereupon 25 Declaration of the Assembly anent a Band subscribed by some Noblemen which is now cancelled 26 Warrant for the Kings Advocate his in-coming to the Parliament house 27 Ratification of the act of Exchequer for reliefe of these who are bound for the 100000. marks therein contained 28 Act in favours of the Laird of Lochend for entring of him to his Lands gratis 29 Act in favours of Sir William Dik against Laird Aickin 30 Protestation by the Kings Advocate anent his place liberties and priviledges 31 Declaration by the Paraliament anent the Kings Manifest concerning the Prince Elector Palatine 32 Act and warrant for publishing and printing of the Acts made in June 1640. 33 Act and warrant for causing print his Majesties Manifest anent the Prince Elector with the Parliaments approbation and remonstrance thereupon to the King with the Kings answer 34 Act in favours of the Prince Elector for restraint of Levies and recrues of Souldiers 35 Ratification of the profession of Theologie in the Universitie of Glasgow 36 Commission for the accompts of the three Regiments viz. Lord Sinclaire Munro and Cochrane 37 Act of approbation and exoneration in favours of the Lord Loudun 38 Act of exoneration and approbation Earle of Rothes 39 Act of approbation and exoneration Earle of Dumfermling 40 Act of exoneration Master Robert Barclay 41 Act of exoneration Adam Blair 42 Act of approbation and exoneration Sir John Smith 43 Act of