or Prince and their Vassals to be free of the said taxe notwithstanding of this present Act or any Act preceding And that letters be direct thereupon by the Lords of Session to charge the Free-holders heritors and life-renters holding of his Majesty and the Prince to conveene at the head Burgh of every shire upon one speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent the saids free-holders heritors and life-renters for the tenth peny more of the said whole summe so calculate for the expences of the letters to be raised therefore and others charges in the collection thereof with certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instance of the said Commissioners for payment thereof in manner above-written And if payment be not made within the dayes contained in the charge so that the Commissioners be forced to pound therefore Then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerlie and if the suspension discusse against the suspender in that case the suspender shall be ordained to make payment to the Commissioners of the double of the summe charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the commissioners of this present Parliament and all Parliaments â—ereafter ACT XIX ACT IN FAVOURS OF THE COMMISsioners for the Sherifdome of Sutherland 11. November 1641. OUR Soveraign Lord and Estates of Parliament considering that by an Act of the date of thir presents made anent the expences of Commissioners of Shires passing to Parliaments or Generall Councels and Conventions allowance shall be given to the saids Commissioners for their whole charges and expences in manner specified in the said Act And that the daily allowance appointed for ilk Commissioner in manner mentioned and divided in the said Act after the rising of the saids Parliaments or generall Councels shall be calculate and put in a summe by the Clerks of Parliament under their hand to be divided and imposed proportionally upon the whole Freeholders of the Kings Majesty and the Prince according to the stent of their lands lying within the Shire And that letters be direct thereupon by the Lords of Session to charge the saids Freeholders of his Majesty and Prince to conveen at the head Burgh of every Shire upon a special day for dividing setting down the proportion thereof in maner foresaid as the said Act made in favours of the said whole Commissioners of small Barons and Shires at more length bears And his Majestie and the saids Estates considering that in the Parliament in the year of God 1633. a particular Act of Parliament was made in favours of the Free Barons and others Inhabitants within the Sherifdome of Sutherland giving power to them to elect and choose their own Commissioners for the said Sherifdome to compeir at Parliaments meetings and generall Conventions within this kingdom at all occasions And considering likewise that by the said Act made in favours of the saids whole Commissioners the Commissioner chosen and attending this present Parliament for the Sherifdome of Sutherland and the Commissioners who shal be chosen and sent from the said Sherifdome of Sutherland to attend thir Parliaments Generall Councels and other Generall meetings and Conventions of Estates hereafter in all time comming shall have no allowance of their expences and charges to be depurst by them in the said service albeit the said Shire be one of the remotest and farthest distance in the Kingdome Because there is onely two Inhabitants within the said Shire holding Lands of the Kings Majesty the whole remanent heritors being either Vassals to the Earle of Sutherland or holding their Lands of some other Superiour And so according to the said generall Act the allowance of the Commissioner of that Shire cannot be divided not imposed for payment and satisfaction of his charges and expences except the samine be extended against the Heritors Fewars and Freeholders within the said Sherifdome holding lands of other Superiours in manner under written Therefore His Majesty and Estates of Parliament ordains the allowance appointed by the said generall Act in favours of the Commissioners of the said Sherifdome of Sutherland to be extended divided and imposed proportionally upon all and sundry Heritors Fewars Life-renters and Freeholders within the said Shire whether they bee Vassals to his Majesty or holding their lands of any other Superiours whatsoever according to the stent of their lands lying within the said Shire and that letters be direct thereupon by the Lords of Session to charge all and sundry the Heritors Fewars Life-renters and Free-holders within the said Shire holding of any Superiour whatsoever to conveene at Dornoch being the head Burgh of the said Shire upon a speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent all and sundry the saids Heritors Fewars Life-renters and Free-holders holding of whatsoever Superiour within the said Shire for the tenth penny more of the saids whole summes so calculted for the expences of the letters to be raised therefore and others charges in collecting thereof With certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instances of the saids Commissioners for payment thereof in manner above written And if payment be not made within the dayes contained in the charge so that the said Commissioners shall be forced to pound therefore then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerly And if the suspension shall discusse against the Suspender in that case the Suspender shall be ordained to make payment to the Commissioners of the double of the sum charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the Commissioners of this present Parliament and all Parliaments hereafter ACT XX. ACT ANENT THE NOMINATION And election of the Officers of Estate 13. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament conveened in Parliament nominated and elected the persons underwritten to the places and offices of Estates of this Kingdome respective after mentioned formerly possest by them viz. Robert Earle of Roxburgh to the place and office of Privie Seale William Earle of Lanerk to the place and office of Secretarie Sir Thomas Hope of Craighall to the place and office of his Highnesse Advocate Sir James Carmichaell to the place and office of
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
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
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
rights led and done And ordaines all such services as are to be led deduced hereafter for serving of the heires of the vassals of the lands and others foresaids as heires in the famine lands to be served heires thereintill to be holden of the Kings Majesty and His Successours foresaids as their superiours of the famine Lands and others above mentioned in all time coming with this provision that the few duties of these lands holden of the chapters now retained in titulo shall pertaine and be payed them during the present titulars life-times And it is declared that this present act shall not be prejudiciall to the infestment granted by his Majesty to the Duke of Lennox of the superiority of the whole Lands and Barronies which pertained to the temporality of the Arch-bishoprick of Glasgow but that the said infestment shall stand vallid in the selfe and the vassals to hold their Lands of the said Duke of Lennox and his Successours as their superiours thereof in time coming And also declares thir presents neither act nor reservation foresaid shall not be extended to the Deanrie or Sub-deanrie of Glasgow nor nothing holden of the Dean or Sub-dean As also but prejudice to the Earle of Lauderdaill of his infestments of Stobo and Ettilstoun which is no wayes prejudged by this act nor reservation foresaid Providing that this provision shall not better nor strengthen the Earle of Lauderdails right and infestment foresaid But the famine to be in that famine condition as before the date of thir presents ACT LII COMMISSION FOR REVISING OF The Registers 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering that this long time by-gone the Registers and Records of Parliament have not beene visited so that some of the ancient Records might have been abstracted vitiate or disordered Therefore our Soveraigne Lord and Estates foresaids gives full power and Commission to the persons following viz. the Lord Chancellour the Earle of Argyle Earle of Lauderdaill and Clerk Register to meet when the Lord Chancellour shall appoint To take inspection and revise and looke over all the whole Registers and Records of Parliament aswell these in the Castle as these in other mens custodie and to call for the old Inventars thereof and compare them with the Registers and to make two new authentick Inventars thereof without copying of the saids Registers and Records Which Inventars shall be subscribed by the most part of the visitors the one whereof shall be delivered to the Clerk Register to bee kept by him the other Inventar shall be laid up either with their Honours or some other lockfast place whereof the Lord Chancellour for the time shall keep the key and to cause make presses boxes buists or other necessaries fitting for keeping of the saids Registers and Records And also to consider of the place and house where the saids Registers lie and to advise and appoint the best wayes and meanes for preserving and sure custodie of the saids Registers and Records With power also to them to mark and observe any defect or wants in the saids Registers and Records and the vitiations thereof if any be And siclike to marke number and put in perfect order the saids Registers and Records with power also to make a perfect Index of all the unprinted Acts of Parliament which doe not concerne particularly private persons but such as import and concerne only generally the whole lieges And siclike gives full power to the persons foresaids to lay up the principall late Treatie amongst the saids Records and Registers and generally to doe all and sundry other things whereby the saids Registers and Records may be preserved and their perfections or imperfections may be notified And ordaines them to make report of their faithfull and exact diligence hereintill at the next Parliament And our Soveraigne Lord and Estates foresaid declares thir presents is no wayes prejudiciall to the Clerk Register of receiving keeping and using of the saids Registers and keyes thereof in the meane time conforme to his right and place ACT LIII ACT ANENT COCQUETS AND ENTRIES of Ships modifying the entrie to 23. shillings 4. pennies and the Cocquet to 40. shillings 16. November 1641. OUR Soveraigne Lord and Estates presently conveened understanding there are divers abuses committed by the Customers and Receivers of entries of Ships and by the keepers of the Cocquet in sometime exacting from Masters of Ships greater summes of money than is due to them and sometimes absenting themselves to the great prejudice of the Merchants estate and to the hazard of the losse of their voyage Therefore our Soveraigne Lord with advice and consent of the Estates ordains that there be no greater price exacted for entring their Ships and Goods then the summe of twenty three shillings foure pennies and for the said Cocquet then the summe of fourty shillings and that the keepers of the said Cocquet attend by themselves or their servants diligently and readily to answer and give out Cocquets to all Merchants and Masters of Ships under paine of losing their place whensoever they shall be found either to exact more then the said summe above written or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same ACT LIV. ACT ANENT DISCHARGING THE Registration of comprisings and appointing the recording and allowing of comprisings and prices thereof 16. November 1641. OUR Soveraigne Lord and Estates of Parliament having taken to their consideration that the registration of Comprisings hath put the lieges to great needlesse and unnecessary charges and expences and that the famine doth neither adde to the validity of the Comprisings nor to the benefit of the Comprisers And therefore have discharged and by the tenour hereof discharges all registration of Comprisings together with all gifts Acts of Councell and others warrants consuetude or custome whatsoever granted or observed thereanent And declares that the famine Gifts Acts of Councell and others warrants consuetude or custome to be null and of none availe force nor effect in all time comming And siclike our Soveraign Lord and Estates of Parliament considering that a short Record of all Comprisings of lands and rents heritable bands contracts reversions and others and legals thereof viz. of the comprisers names and designations The defenders names the debt for the which the comprising is used the lands and others comprised the Maissers and Clerks names the times of the denunciations and executions and witnesses thereto and date of the comprisings and of the superiours of the lands comprised is very necessar for the Lieges their informations Therefore statutes and ordaines that all comprisers shall be obliged to bring their comprisings to the clerk of the Bils within threescore dayes after the date of the comprisings to the effect that the famine may be allowed by the Lords of Councell and Session At the which time ordaines the said clerk to the bils to make a record of the saids comprisings in a
absence of the said Lord Chancellour it is declared that it shall be lawfull to any nine or moe of the Councell conveened in the ordinar place and at the indicted time of meeting to choose one of the number conveened who shall preside at the meeting al 's oft as the Lord Chancellour shall be absent And his Majesty and Estates considering that the often absence of the most part of the Councell and their not attendance upon the charge and trust concreded unto them will be a great impediment and hinderance to his Majesties service Therefore his Majesty with advice foresaid declares that it is his speciall pleasure and command that the Lord Chancellour or President of the Councell to be elected as said is doe see and provide that the Councell be frequent specially in great and weighty matters of Estate And if upon occasion that requires the number of the Councell to be more full then the said Quorum the Lord Chancellour or President to be elected in manner foresaid shall write to such others of the Councell as they think fit to be present and give their attendance In which case if any disobey without a licence obtained from his Majesty or the Quorum of the Councell or without some reasonable cause either of which shall excuse their absence then and in that case his Majesty with advice foresaid wils that the absent shall be censured by the said Councell as a neglecter of his Majesties service and that his Majesty be advertised thereof And it is declared that if any of the saids Councellours places vaiks by decease dimission or deprivation that his Majestie in the interim shall nominate another of the same degree and quality in the vacant place with advice of the most part of the Lords of Privie Councell they being all present at the said election at the least lawfully warned to that effect upon fifteene dayes warning conforme to the Act of Parliament made thereanent Which election made in the interim as said is shall be allowed or disallowed by his Majestie with consent of the Estates in the next ensuing Parliament as they shall think expedient And al 's his Majesty with consent of the saids Estates gives power to the saids Lords of Secret Councell or any nine of them as said is to set down such rules and orders for their meetings and attendance and spaces and times thereof as they shall resolve appoint and ordaine amongst themselves And wils and declares that the saids Lords of Secret Councell now nominate as said is and these who shall be surrogate in their places in the interim in manner foresaid shall have bruik and enjoy their places ad vitam vel ad culpam and shall be liable to the censure of his Majesty and the Estates of Parliament anent their proceedings therein firme and stable holding whatever by the saids Lords or any nine of them as said is shall be lawfully done in the premisses And decernes and ordaines all his Majesties lieges and subjects to reverence acknowledge and obey the saids Lords of his Majesties councell in all things concerning the charge and trust committed to them as said is under all highest paine and charge which after may follow And this Commission to indure to the next Parliament and longer ay and while the same be expresly discharged ACT LXVI ACT DISCHARGING THE CUSTOME Of two and an halfe of the hundred and the Impost of foure pounds on the Tunne 17. November 1641. OUR Soveraign Lord and Estates of Parliament considering that the prices of all Merchandize doe daily rise to exceeding great dearths which is alledged to bee occasioned through extraordinary Customes and Impositions For remeed whereof his Majesty with advice and consent of his saids Estates doth discharge all and sundry whatsoever Customes and Impositions exacted by the Customers which are not allowed and approved by the Acts of Parliament and especially the late Custome of two and an halfe per Centum and late new Imposition of foure pound upon the Tunne of wine and all raising of his Majesties Customes directly or indirectly without consent of Parliament And because that the too much troubling of Merchant estate and drawing of Masters and Mariners from their ordinary charges doth much impede the trade Therefore his Majesty with advice and consent foresaid discharges the taking of Merchants Masters and Mariners oaths in the matter of Customes and to the end that the subject of trade may not be restrained with unnecessary customes therfore his Majesty with consent foresaid declares that all goods and Merchandize imported from forraine places to this kingdome and out paying inward Custome shall be free of all outward Custome according as is used in England and Ireland Like as his Majestie declares that he consented to the Act above written upon this condition that commission and warrant be granted to the Exchequer to establish the Booke of Rates according as the prices of merchandize now rules and his Majesty permitted the option to the Burrowes Whereupon the Burrowes having advised they made choice to be ruled by the Booke of Rates anent the Customes and consented that Commission should be granted to the Exchequer to establish the Booke of Rates according as the prices of Merchandize now rules In respect whereof our Soveraigne Lord and Estates of Parliament ordaine a Commission to be drawne up to the Exchequer to the effect foresaid and extracted thereupon for establishing the Booke of Rates according as the prices of Merchandize now rules And therefore our said Soveraigne Lord and Estates of Parliament ordaines the Act above mentioned to stand as a law in manner and to the effect before rehearsed ACT LXVII ACT IN FAVOURS OF MINORS ANENT The duties of the lands comprised from them 17. November 1641. OUR Soveraigne Lord with advice of Estates of Parliament ratifies and approves the Act of Parliament made in August 1621. cap. 6. in so farre as the famine concernes Minors and declares that the true meaning thereof was and is that Minors having right to the legall reversion should be no further obliged than during their minoritie of 21 yeares of age but allanerly for the annuall rent of the summes contained in the comprisings and that they tyne not the right of the superplus of the mailes and duties of the lands so farre as the famine exceeds the said annuall rents induring their said minoritie ACT LXVIII ACT ORDAINING THE COMMISSIONERS For the Thesaurarie 17. November 1641. OUR Soveraign Lord Considering that His Majesty was lately pleased to condescend to the humble desire of His Majesties Estates of Parliament to nominate by their advice and approbation His Officers of Estate of whom his Majesties high Thesaurer is one And that His Majesty for the present is not resolved upon the nomination of any particular person to enjoy the said place but hath with advice of the saids Estates taken present course to supply the want of a principall Thesaurer by a Committee Therefore His Majesty with consent
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
book wherein all comprisings shall be recorded in manner above written for the which allowance and recording of the said comprising in manner above-written the clerk shall have forty shillings for the whole record of ilk comprising and allowance And siclike for the extract of ilk record of the saids comprisings that shall be extracted under the said clerk his hands Our Soveraign Lord and Estates ordaines the summe of twenty shillings for every extract to be payed to the said clerk of the bils as due price competent to him therefore Which summe the said clerk shall not transcend under the paines contained in the acts of Parliament ACT LV. ACT DISCHARGING THE LORDS OF Session to exact twelve pennies for the pound and all other exactions 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament Considering that the Senators of the Colledge of Justice are sufficiently provided by His Majesty and Estates for serving their places without further burden of the Lieges Therefore His Majesty and Estates foresaids discharges in all time comming all sentence silver twelve pennies of the pound and other exactions imposed upon sentences and decreets to be pronounced by the saids Judges And discharges all Acts Statutes and Ordinances made for payment thereof With power alwayes to the saids Judges to modifie such charges to the parties in whose favours the saids decreets and sentences shall be pronounced as in equity and conscience they shall think reasonable and as the malicious and wilfull pleyars pursuers or defenders shall deserve ACT LVI ACT ANENT PARDON OF PENALL Statutes 16. November 1641. OUR Soveraign Lord considering that the precise and rigorous exaction of the paine arbitrary and pecuniall adjected to penall Statutes heretofore made would prove a burthen to his Majesties Lieges heavie and insupportable if by his Majesties Grace and Favour they should not bee eased and liberate of the same In consideration whereof his Majesty being willing to give ease and reliefe to his Subjects of the foresaid burthen Hath therefore been graciously pleased with consent of the Estates of Parliament to discharge freely pardon and remit and by these presents discharges freely pardons and remitts all contraveeners of any of the said penall Statutes for all deeds done by them contrary to the tenour of the same Statutes in time by-gone Except onely the Statutes concerning the unlawfull taking of usury transporting of money and gold slaying of red and blacke fish with the penalties incurred by the concealers of annuall rents and wrongous up-givers of the inventars of their money which are no wayes discharged by this present Act nor comprehended under the same ACT LVII ACT IN FAVOURS OF ORPHANES Fatherlesse and others 16. November 1641. OUR Soveraign Lord with the advice and consent of the Estates of this present Parliament Understanding many pitifull effects daily found and encreasing Anent the misery and poverty of Orphanes and Fatherlesse children to have beene occasioned in this manner That many ignorant people the time of the acquiring to them of bands contracts and other securities for payment of summes of money takes the famine to them their herres executors and assignes with clause and condition of payment of annuall rent therefore during the not payment of the said principall summe meaning thereby that the famine should no wayes remaine unprofitable during the not payment thereof And no wayes that the said clause or condition should make the said summes and securities thereof to pertaine to the heire in prejudice of their bairnes and others nearest of kinne by the heire whereas by the contrary by the interpretation now observed all such summes and securities bearing annuall or profit are exponed to bee heretable after the terme of payment and to pertain to the heire so that thereby the rest of the children nearest of kinne and others having interest are altogether therefrom secluded and left pitifully unprovided of any meanes to live on As also the saids bands and contracts are very oft fraudfully concealed and abstracted and never knowne to the true owner thereof that in due time they might make use of the same Which is against both equity and conscience and the intention of the party acquirer of the saids securities whereby great number of orphanes fatherlesse children and others that are so prejudged of that 's due to them eitherby their naturall portion or otherwayes adebted are brought to great poverty and misery and forced to become beggars which is oft found by pitifull experience For remeed whereof our said Soveraigne Lord with advice of the saids Estates statutes and ordaines That all contracts or bands for summes of money payable to parties with condition of payment of annuall-rent or profit made at any time hereafter shal be holden and estimate to pertaine to the bairnes and nearest of kinne to the defunct except seasing follow thereupon in the life time of the creditor acquirer thereof or that by the tenour of the band or contract the famine be conceived to be payable to the heires and assigns secluding the executors or other waies that the said band or contract bear per expressum oblishment to infest in either of the which excepted cases ordaines the saids summes to be heretable and pertaine to the heir and out with the saids excepted cases ordaines the said sums to be confirmed by the executor without payment of any quote for the famine And that to the end the nearest of kinne and others having interest as said is be no wayes frustrate of what may be due to them nor yet the said bands or contracts fraudfully concealed and abstracted from them every one of them for their owne parts Providing alwayes that by vertue of this present act The bands or contracts hereby ordained to pertaine to the nearest of kinne to the defunct and to be confirmed shall not fall under the compasse of escheat nor yet any part thereof pertaine to the relick jure relictae But shall remaine in the owne nature quo ad siscum et relictam as they were before the making of this act ACT LVIII ACT ON FAVOURS OF THE VASSALS Of ward Lands holding of the King and Prince 16. November 1641. OUr Soveraign Lord and Estates of Parliament Taking to consideration the bounty and benevolence of his Majesties most noble progenitors King James the 2. and King James the 4. in giving their vassalls Liberty to set their ward lands few and herewith also remembring that by the 16. act of his Majesties first parliament anno 1633. his Majesty and the prince his highnes their vassals of ward lands are altogether secluded from that benefit of his Majesties bounty and benevolence foresaid which prejudice is by the 37. act of the session of this present parliament holden in June 1640. yeares recommended to be considered at the next meeting thereafter of the said parliament and during that interim the force and execution of the said act 1633. is suspended and suppressed And now his Majesty being gratiously pleased