the Gates of Drumlanrig Modification and Recommendations for some suffering Ministers Proclamation for the anniversary Thanks-giving Act concerning the Earl of Mortun and Town of Rirkwall Act for yearly Fairs in Corstorphin Act in favours of the Lord Fraser for his Title of Lord Fraser Act betwixt the Lord Burghly and Shire of Fife Act in favours of Alexander Bruca Brother to the E. of Kincarden Act anent the Chapter of Argyl and Glenorchies Protestation against it Act in favours of the Inhabitants of Orknay Act for relief of those who were over-burdened in their Levies in anno 1649 for their concurrence in the Engagement in anno 1648. Act concerning the Ministers of Edinburgh Act rescinding the pretended forfeiture against Harthill Act in favours of the Earl of Perth and others for some monies due to them by the Shire of Perth ☞ Commission for the Creditors of forfeited persons Act for keeping the Registers of Session in the Parliament-house Decreet Marquess of Huntly cont Innes Cromarty Rob. Foulis c. Decreet Laird of Haddo contra Lesly Act of dissolution of the Earldom of Orknay Decreet Macklaud contra Mr. David Drummond c. Decreet Sir James Mackdonald contra Mackconochie Inera Act for changing the Way betwixt the south Ferry and Cramona ☞ Act in favours of the Town of Edinburgh Decreet against Archibald Campbel Decreet of forfeiture against Ardkinlass and Ormsay Act in favours of the Lord Lyon Act for an Arch-deanry in the Isles Act in favours of Sir Robert Fletcher Decreet Mrs. Whaley contra Lamintoun Act for changing the Mercat-day in Aberdeen Act in favours of the Town of St. Andrews Act for yearly Fairs to the E. Kinghorn Glenerchie Tarbet Haddo Act for two Fairs yearly and a weekly Mercat in Dalmeny Act in favours of the Earles of Queensberry and Annandail Decreet in favours of Mr. Thomas MackenÈie Act for building a Meal-mercat in Dumfries ☞ Act concerning the Declaration ☞ Act anent the manner of voting by Billets ☞ Act for excepting some persons from publick Trust Act containing some exceptions from the Act of Indempnity Act anent the Children and Posterity of forfeited Persons Act in favours of the Countess of Bransurd and Lady Forrester Act in favours of the Lord Mackdonald Act in favours of Lamont ☞ Act freeing Bishops Vassals from the charges of Commissioners to the Parliament Commission for rectifying the Valuations of Aberdeen Shire Recommendation in favours of John Mein Decreet Dunolich against Campbel ☞ Suspension of publick Debts with References in favours of the Lord Burghly and Lord Carden Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Bishop of Edinburgh Ratification in favours of the Bishop of Galloway Ratification in favours of the Bishop of Brichen Ratification in favours of the Bishop of Argyl Ratification in favours of the Earl of Craufurd and Lindsay Two Ratifications in favours of the Duke of Lenex Two Ratifications in favours of the Earl of Athol Ratification in favours of the Earl of Tullibarden Ratification to Sir John Gilmor of his Lands of Craiglockhart Ratification to the Laird of Morphie Ratification to the Laird of Allardice Ratification to the Laird of Glenorchie Two Ratifications to the Laird of Cromarty Ratification to John Beaton Ratification to the Burgh of Linlithgow Ratification to Sir John Strachan Ratification to Paul Symer Ratification to the Earl of Annandail Ratification to the Earl of Newburgh Ratification to Sir Robert Innes of Muretoun THIRD SESSION ACt concerning the constitution and election of the Lords of the Articles Warrands for personal Protections against Captions for some time to the Lord Sinclar and others Commission for trying of the contrivance and carrying on of the Act of Billeting Decreet and Sentence of forfeiture against Archibald Johnstoun sometime of Waristoun Act ratifying the Remission granted to George Campbel Act for annexing some Kirks to the Deanry of St. Andrews Record of the production of the Duke of Monmouth's Patent to be Duke of Buccleuch Act allowing to the Ministers who served before and in year one thousand six hundred and sixty two the hall of the Stipend due for that year Ratification in favours of Sir Peter Wedderburn Act rescinding a former Act past in the last Session of Parliament anent some Fees acclaimed as due to the Lyons Office ☞ Act concerning the matter of Billeting and a Letter directed to His Majesty thereupon Act for repairing the High-wayes at the Town of Prestoun Warrand for three Fairs to the Town of Newburgh Act concerning the pardoning and restoring the Children of forfeited persons Angus and Donald Mackclauds declared Fugitives ☞ An Imposition for repairing and upholding a Bridge in Claidsdail Warrand for changing the Fair-day of the Town of Clackmannan Reference to His Majesty concerning the Process against Assint Act concerning the Imposition laid on English Commodities Act past in favours of Silk-weavers c. ☞ Act for changing of the name of Souter of late used by some of the name of Johnstoun Act for an Imposition for repairing the High-way betwixt Corstorphin and the Cow-bridge Warrand for changing the Fair-day of the Town of Nairn Commission concerning the Annual-rents due by person forfeited by the Usurpers ☞ Act rescinding the Acts past in the second Session of this Parliament for excepting from publick 〈◊〉 and voting it by Billets Act in favours of Doctor Colvil ☞ Act concerning the riding of the Parliament and the Penalties of such as shall be absent from it Decreet betwixt Sir Arthur Forbess and the Lord Cochran Act in favours of Mr. John Wilkie Act anent the vacand Stipends in Argyl and Isles Act for repairing the Bridge of Tullibody Act for the disposal of some vacand Stipends Act for the Bridge of Dalkeith Act for upholding the Bridge or Kippon and for two Fairs at the Kirk of Kippon Act for a yearly Fair in the Barony of Caskibon Act for changing the weekly Mercat of Pettenweyms Act in favours of John Halybrunton concerning his Writes ☞ Act appointing the Fines to be payed into any person his Majesty shal appoint Act in favours of the Captain of Dunstaffnage and others Two Fairs yearly to be kept in the Barony of Preston The Fairs granted to the Town of Whitchorn changed in the dayes and dyets thereof Decreet the Earl of Rexbrugh contra Sir John Weymes Act for two Fairs and a weekly Mercat in Stanbyve Act concerning the making of Cairds Recommendation in favours of the Marquess of Montross Warrand for two Fairs and weekly Mercat to the Laird of Drum Warrand for paying of some debt due by the Shire of Dumfries ☞ An Act and Ratification of the Contract of Marriage betwixt the Duke and Dutchess of Buccleuch and Warrand for registrating the Contract Act concerning the Stipend of the Ministers of the Cannongate Remit the Duke of Hamiltoun contra Lady Forrester Warrand for two Fairs and for changing the Mercat-day of the Barony of Skirling Warrand for a yearly Fair on the Brae of Athol Act for a Fair and weekly Mercat on the Lands of Kinudyâ— Act concerning Broomhalls Writes Act for an Imposition for repairing and keeping up the Bridge of Sauchtonhall and Clegorn Remit to the Session concerning the eighty thousand marks claimed from the Burroughs Lamonts Process against George Campble remitted to the Session Recommendation in favours of some suffering persons Commission for ordering the prices of Offices Writes and Seals Act suspending execution for publick debts untill the next Parliament Act concerning the Zetland Company of White-fishing remitted to the Council Act for a yearly Fair in Paisla Remit to the Council anent the Act for Trade Warrand for changing a Way near Leiainton Act for renewing the Justices of Peace Ratification in favours of Sir Andrew Aiton Ratification in favours of the Lords of the Session Ratification in favours of David Souter Ratification in favours of Mr. Alexander Foulis of Ratho Ratification in favours of the Bishop of Aberdeen Ratification in favours of Sir Robert Sinclar of Stâ—iustoun Ratification in favours of Mr. Robert Sinclar of Longformaeus Ratification in favours of Thomas Hamiltoun of Bathgate Ratification in favours of William Prestoun of Valifield Ratification in favours of Mr. Robert Prestoun of that ilk Ratification in favours of Michael Balfour of Pitmedden Ratification in favours of James Campbel and his Son Ratification in favours of John Malcolm Ratification of a mortification in Perth Ratification in favours of George Home of Kames ☞ Ratification in favours of the Earl of Craufurd and Lauderdail the Lord Parbroth the Lairds of Hatton and Ardross Colonel Lesly and James Seot of their Gifts of Mines and Minerals Ratification in favours of James Dickson Ratification in favours of the Burgh of Whitehorn Ratification in favours of Sir John and Mr. Alexander Gibson Ratification in favours of the Earl of Rothes Ratification in favours of the Earl of Dumfermliur Ratification in favours of Sir John Home of Remon Lord Justice Clerk and Protestation for Sir Alexander Home and Wedderburne against it Ratification in favours of William Soot of Ardross Rat. to the Town of Edinburgh of their right to the Citadel Ratification in favours of Captain Lookhart FINIS
exportation of money forth of the Kingdom ibid. 11. Act for encouragement of Tillage and Pasturage Page 15 12. Act for a new Imposition upon English Commodities ibid. 13. Act imposing a Custom upon Corn imported from Ireland into this Kingdom Page 17 14. Act for in-bringing of His Majesties Rents ibid. 15. Act concerning Beggers and Vagabonds Page 20 16. Act anent the measure of Coal Page 22 17. Act anent the Foot-measure ibid. 18. Act discharging Munday and Saturday Mercats in Royal Burghs Page 23 19. Act anent Lint-seed Hemp-seed and Steel Page 24 20. Act anent Manses and Glebs and poinding for Ministers Stipend ibid. 21. Act anent Comprisings Page 25 22. Act anent sentences of Excommunication Page 26 23. Act for additional provision in favours of the Vniversities Page 27 24. Act regulating the proportions of Excise in the several Shires and Burghs Page 28 25. An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland Page 30 26. Act asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners Page 32 27 Commission for plantation of Kirks and valuation of Teinds ibid. 28. Act anent penal Statutes Page 36 29. Act Salvo jure cujuslibet A Table of the special Acts and Ratifications past in the several Sessions of this Parliament which are not printed FIRST SESSION PRotestations by some Noble-men Commissioners from Shires and Burghs concerning their precedencies in the Rolls of Parliament Act discharging Sir Archibald Johnstoun of all publick Turst Act concerning the Burial of the Corps of the late Marquess of Montrose and Laird of Dalgety Commissions for the Lords of the Articles and Bills Exoneration to Mr John Poâ—ng concerning the Registers Record of the production of the Patents granted by His Majesty to His Officers of State and their Admissions Record of the production of some Patents of Honour 〈◊〉 Earl of Dalhousie and others against Mr. Robert Hodge Act in favours of the Laird of Mackclean Precognition in favours of the Master of Bamff Commission to Mr. John Wilkie to collect the vacand Stipends Act rescinding the pretended forfeiture of the Marq of Montrose Act allowing Messengers to execute Summons of Treason Exoneration in favours of the Earl of Crawfurd and Lindsay Act concerning the Magistrates of Kirkwall Act 〈◊〉 an Imposition at the Bridge of Mufleburgh Commission for visiting the University of Aberdeen Act anent the election of the Magistrates of Monross Decreet Archibald Lamont contra Campbel Act for an Imposition at the Calsees of Cowie-month Reference MackenÈie contra Mackpherson Decreet Earl of Perth contra Sir George Mouat Act in favours of some Ministers for their Stipend Acts in favours of Col. Weymes Col. Lesly and James Scot. Letter and Act in favours of the Laird of Renton ☞ Act for a Bridge at Ramal-well craig on Clyd Act in favours of the Town of Wigtoun concerning a Bridge Decreet Lockhart contra Bonar Decreet MackenÈie of Redcastle contra Gilbert Ker and others Decreet Elizabeth Dutchy contra Henrie Dennistoun Act anent the Custom and Price of imported Tobacco-pipes Decreet Carnaigie contra Carnaigie Ratification to the Earl Marshal of the Sheriff-ship of Aberdeen Protestation by the Earl of â—â—xburgh in name of the Marquess of Huntly against the some Ratification in favours of Mr. Adaw Cunningham of Wood-hall of the Commissariot of Drumfries Ratification in favours of the new Colledge of Aberdeen Protestation by the Town of Aberdeen against it Ratification in favours of Sir John Vrâ—â—hart of Cromarty Rat. to Mr. Hary Hay of the Commissar-clerkship of Edinburgh Ratification to John Ramsay of his Office from the Lord Register Ratification in favours of the Burgh of Elgin Ratification in favours of Thomas Manson Ratification of the erection of the Kirk of Kinless Rat. to Mr. Thomas Young of the Commissar-clerkship of Lauder Rat. of the erection of the Town of Findorn in a Burgh of Barony Protestation Town of Forres against it Ratification in favours of Wat. Rat. to Mr. James Nicholson of the Commissariot of Brichen Ratification to John Newel Ratification in favours of Harie Blaickwood Ratification to Alexander Monro of the Commissariot of Stirling Act concerning the Town of Kirkwall Rat. to the Town of Edinburgh of the regality of the Cannongate Rat. to the Town of Edinburgh of the mark upon the Tun. Rat. Town of Edinb of the Land called The King's work at Leith Rat. Town of Edinb of the Customs at the house of the Mure. Rat. of the Town of Edinburghs new Charter of Confirmation Act in favours of Mr. James Daes Commission for tryal of the burning of the Gates of Drumlaurig Act concerning the Earl of Perth and Lord Drummonds losses Act concerning Sir Thomas Hamiltoun of Prestoun his Writes Act rescinding the pretended forfeiture of the Marquess of Huntly Act rescinding the pretended forfeiture of Mackdonald of Largy Act rescinding the pretended forfeiture of Sir John Gordoun of Haddo Act for a contribution for repairing the Harbour of Peterhead Act in favours of the Town of Dunce Act in favours of George Campbel Modifications to suffering Ministers out of the vacand Stipends Ratification in favours of the Earl of Mar. Ratification in favours of the Town of Nairn and Protestation by the Laird of Caddel against it Ratification in favours of the Earl of Panmure and Protestation by the Burgh of Arbroth against it Ratification in favours of the Burgh of Innerness and Protestation for Redcastle and Danean and the Burghs of Forteross Cromarty and Dingwall against it Ratification in favours of the Earl of Linlithgaw Ratification to the Earl of Callander Ratification to the Town of Musteburgh Ratification in favours of Robert Thomson and Protestation by the Earl of Athol against it Ratification in favours of Mr. Thomas Murray Ratification in favours of Mr. John Finlay Ratification in favours of the Burgh of Wigtoun Act for a weekly Mercat and two Fairs yearly in Bauden Ratification in favours of the Royal Burroughs Ratification in favours of the Earl of Weymes Ratification in favours of the Burgh of Kirkcaldy Commissions for trying some persons suspected of witch-craft His Majesties nomination of the Lords of Sess and their Admission ☞ Act for the sitting and diets of the Session The Lord Registers nomination of the Clerks to the Session to the registration of Seasings and admission of Notars and their admission conform to their Gifts from the Lord Register Act establishing the Sheriffdom of Ross and the bounds of it Commissions for the Fishings on the waters of Vgie and Itham Act to James Weymes for a new invention of Milnes c. Act in favours of the Earl of Lauderdaile anent the Lordship and Regality of Musleburgh and superiority thereof Protestation by the Lord Colintoun that the said Act should not prejudge him of his Right to the Teind of the Paroch of Hales Act in favours of the Earl of Lauderdaile Act in favours of the Earl of Lauderdaile concerning the Writes and
Securities of his Lands Act concerning the Earl of Cassils Act anent the Lights on the May. Act rescinding the pretended forfeiture of the Laird of Glengairy Act rescinding the pretended forfeiture of Mackclean of Lochbouy Act rescinding the pretended forfeiture of Mackclean of Kingerloch Decreet Earl of Southesk and Lord Burghly against the Shire of Fife Decreet Marquess of Montross against the Marquess of Argyl Decreet Laird of Dury contra Duke of Hamiltoun Act in favours of the Burgh of Aberdeen Act for two Fairs and a weekly Mercat in Strathaven Act in favours of Patrick Dumbar Act in favours of the Laird of Edgerstoun Act for three Fairs to the Town of Lesly Act for a weekly Mercat and two Fairs in the Town of Tullith Act for a yearly Fair in Aldeir Decreet Pluscarden contra Mackpherson and others Act in favours of the Clan Gregor ☞ Decreet E. Roxburgh con E. Lothian anent the Title of Lord Ker. Decreet Earl of Airly against MackenÈie and others Act for repairing the Bridge of Sanchar Act for two Fairs and a weekly Mercat in Hamiltoun Act rescinding the pretended forfeiture of David Graham of Gorthy Act in favours of Doctor Gleg ☞ Record of the losses of some Noble-men for their loyaty ☞ Act for ordering the precedency of the Officers of State Decreet of forfeiture against Sir Archibald Johnstoun Act rescinding the pretended forfeiture of the Lord Heries Ratification in favours of the Earl of Roxburgh Ratification in favours of the University of St. Andrews Ratification in favours of the Burgh of Lauder Ratification in favours of Major Ramsay Ratification in favours of the Laird of Hayning Ratification in favours of John Stirling of Orther-field Ratification in favours of the Earl of Leiven Ratification in favours of John Campbel of Ardchattan Ratification in favours of the Burgh of Linlithgow Ratification in favours of the old Town of Aberdeen Rat. of the mortification of a Hospital in the Paroch of Largo Ratification in favours of the Laird of Monymusk Protestation by the Earl of Aboyn in name of the Marquess of Huntly against it Ratification in favours of the Burgh of Dumbartoun Protestation of the Town of Glasgow against it Ratification in favours of the Town of Glasgow Protestation by the Duke of Lennox and Hamiltoun and the Burghs of Dumbartoun and Renfrew against it Ratification in favours of the Burgh of Forterose and Protestation by the Town of Innerness against it Ratification in favours of the Officers of the Mint Protestation for the Burgh of Edinburgh against it Act for coyning of Copper-money Act for providing a Stock to the Mint-house Decreets of forfeiture against William Dundass of Magdallans and John Hume of Kello Act anent the redemption of Infeftments of Fee granted under reversion Act rescinding the pretended forfeiture of Sir Robert Spoteswood Act rescinding all Decreets of forfeiture against Archibald and Mackgilespik Mackdonal of Colinsay Act rescinding the forfeiture of Archibald Mackdonald of Sands ☞ Protestation by the Creditors of the Marquess of Argyl that they be not prejudged by any Sentence to be given against him ☞ Decreet and Sentence of forfeiture against the Marquess of Argyl Decreet and Sentence of forfeiture against Mr. James Guthry Decreet and Sentence of forfeiture against William Govan Decreet L. Cochran against the Executors of the Earl of Buccleuch Act for two Fairs to the Burgh of Ruthglen Act for Imposition for upholding a Bridge on the Water of Fleet. Acts concerning the Town of Edinburgh and their Annuity out of the House-mails and the Imposition granted to them of two pence upon the pint of Ale c. Decreet Duke of Hamiltoun contra Ardkinglass Commission for a Council of Trade Decreet in favours of the E. of Callander against the E. of Leiven Act for changing an High-way at Abbotshall ☞ Act in favours of William Purvess Decreet Sir William Baily of Lamingtoun contra Mrs. Whalley Act for the ordinar allowance of the Clerk Registers Subscription Ratification in favours of the Marquess of Montrose Act ratifying the union of the Paroches of Logy montrose and Perth Act anent slaying of Fish in forbidden time Act in favours of the Earl Cassils Earl Lothian Brody c. Commission concerning the Annuel-rents due by persons forfeited by the Usurpers Decreet in favours of Mackintosh against Lochyel Decreet Murdoch Mackclean against John Mackallester c. ☞ Protestations by the Earl of Arrol Earl Craufurd and Lindsay the General of the Mint and the Provost of Edinburgh in name of the Royal Burroughs against the power of the Justices of Peace Act in favours of the Commissars of Edinburgh Act in favours of the Earl of Middleton and Sir John Smith Act in favours of the Earl of Middleton and Sir John Weymes Act for two Fairs to the Burgh of Culross ☞ Act for raising a moneths maintenance imposed in the year one thousands six hundred and fifty one for the Kings use and eighty thousand merks due by the Burroughs Act in favours of the Earl of Dundee Act in favours of the Hat-makers in Edinburgh and Protestation by the Town of Edinburgh against it Decreet John Mackdowgal contra Campbel ☞ Decreet of forfeiture against John Swintoun Act rescinding the pretended forfeiture of the Earl of Branfurd Ratification in favours of the Earl of Panmure Commission for the Fishings of North and South-esks Ratification in favours of the Lord Rollo Ratification in favours of the Earl of Murray Ratification of the Rights and Liberties of the Burgh of Dundee Ratification in favours of the Burgh of Kintor Ratification in favours of the Earl of Tweddal Ratification in favours of Alexander Thomson Ratification in favours of the Earl of Athol Ratification to Sir John Gilmor President of the Session of his Rights of the Barony of Craigmillar Ratification in favours of the Burgh of Dunkell and Protestations by the Town of Perth against it Two Ratifications to the Earl of Craufurd and Lindsay Ratification to the Earl of Lauderdaile of the regality of Thirlestane and Lordship of Musleburgh ☞ Rat. to the Earl of Lauderdaile of the gift of Swintouns forfeiture Ratification in favours of Mr. James Douglass Ratification to Sir John Gilmer of his gift of Pension ☞ Ratification to Sir James Hope of his right to the Mines Ratification in favours of the Laird of Calder Ratification in favours of the Burgh of Aberdeen Ratification in favours of Mr. John Herbertson Ratification in favours of the Earl of Home Ratification in favours of Sir Alexander Home Ratification in favours of Mr. John Cunningham Ratification in favours of James Innes Ratification in favours of Sir James Cunningham Ratification in favours of Sir Robert Murray of Camron Ratification in favours of the Earl Marshal SECOND SESSION ACt for calling in the Bishops to the Parliament Act for setling the Orders in the Parliament-house Act concerning Members of Parliament who do not attend â—acommendation for the Creditors of the late Marquess of Argyl â—ommission for tryal of the burning
authorize and require the Lords of His Majesties Privy Council to be carefull to see this Act put to due execution and for that end to call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by him so attested shall be given up to the Council as transgressors of this Act in with-drawing from their Paroch Churches as aforesaid and the same after hearing of the parties being duely found to decern and inflict the censures and penalties above-mentioned and such other corporal punishment as they shall think fit and direct all execution necessary for making the same effectual and to do every other thing they shall find necessary for procuring obedience to this Act and putting the same to punctual execution conform to the tenor and intent thereof II. Additional ACT concerning the Declaration to be signed by all persons in publick Trust FOrasmuch as by an Act past in the second Session of this Parliament on the fifth of September last concerning the Declaration to be taken by all persons in publick Trust It is remitted to His Majesties Commissioner to take such course as he should think fit how these who are presently in Office may subscribe the Declaration And the King's Majesty being resolved that all in publick Trust should without further delay sign the same But considering that in this vacand time many of the Courts of Justice do not sit so as some longer time must be allowed unto them Therefore the King's Majesty with advice and consent of His Estates in Parliament Statutes and ordains all persons who enjoy or possess any publick Trust or Office within this Kingdom as Officers of State Members of Parliament Privie Councellors Lords of the Session Commissioners in Exchequer all members of the Colledge of Justice Sheriffs Stewarts â—ailies of Regalities Commissaries Justices of Peace and their respective Deputes and Clerks and all who enjoy any other publick Charge Office or Trust within the Kingdom to subscribe the Declaration thereunto subjoyned in presence of the several Courts they relate to betwixt and the eleventh of November next to come or sooner as they shall have occasion or be required thereto by His Majesties Council Discharging hereby all such of them who shall not sign the same as said is to exerce any publick Trust or Office within the Kingdom after the said eleventh of November And that a speedy account may be returned hereof It is hereby Ordained that the Sheriffs in the several Shites be carefull in requiring due obedience to this Act and that they and all others concerned therein make report thereof to His Majesties Council betwixt and the first of January next to come And seing the election of the Magistrates and Council of Burghs will occur about Michaelmass next and that some disaffected persons in Burghs having none or small advantages by their Magistracy may upon account of this Declaration refuse to accept any Charge or Trust It is therefore by His Majesty with advice foresaid Statute That at the next ensuing election of Magistrates within Burgh all such persons who shall continue in or be of new elected to be Magistrates Clerks or of the Council of Burghs shall at such their elections if they be present or otherwise how soon thereafter they shall be required thereto by those who did elect them sign the Declaration aforesaid Declaring hereby all who shall refuse or delay the same to be from thenceforth not only incapable of and to have forfaulted the priviledges of a Magistrate but also all the priviledges of Merchandizing Trading and others belonging to a Burgess And that the several Burghs make report of their proceedings therein to His Majesties Council betwixt and the foresaid eleventh of November as they will be answerable upon their duty and alleagiance And for such as shall hereafter be admitted to any publick Trust or Office they are to sign the Declaration in the maner and under the certifications exprest in the former Act of Parliament of the fifth of September And His Majesty doth hereby recommend to the Lords of His Majesties Privy Council to be carefull that these Acts be put to due execution and receive obedience conform to the tenor thereof I Do sincerely affirm and declare that I judge it unlawfull to Subjects upon pretence of Reformation or other pretence whatsoever to enter into Leagues and Covenants or to take up Armes against the King or these Commissionate by Him and that all these Gatherings Convocations Petitions Protestations and erecting and keeping of Council-tables that were used in the beginning and for carrying on of the late troubles were unlawfull and seditious And particularly that these Oaths whereof the one was commonly called The National Covenant as it was sworn and explained in the year one thousand six hundred and thirty eight and thereafter and the other entituled A Solemne League and Covenant were and are in themselves unlawfull Oaths and were taken by and imposed upon the Subjects of this Kingdom against the fundamental Laws and Liberties of the same And that there lyeth no obligation upon me or any of the Subjects from the saids Oaths or either of them to endeavour any change or alteration of the Government either in Church or State as it is now established by the Laws of the Kingnom III. ACT against Protections THe King 's most Excellent Majesty being carefull that the benefit of the Law in the administrations of Justice be free to all His Majesties good Subjects And considering the prejudices many have formerly sustained in the stopping of the course of Justice by the too frequent granting of Protections against personal execution Therefore and for preventing of the like for the future His Majesty with advice and consent of His Estates in Parliament Doth Ratifie Approve and Renew all former Acts of Parliament made against the granting of Protections And Dischargeth the Lords of His Majesties Privy Council Session and Exchequer to grant Protections to any persons against personal execution certifying such as shall grant the same they shall be lyable for the debt against which they grant the Protection and all execution shall pass against the havers thereof as if the same had not been granted It is alwayes hereby Declared That notwithstanding hereof it shall be free to the Lords of His Majesties Privy Council Lords of Session and Exchequer and to the Justice-general and His Deputes when any person or persons are summoned and appointed to appear personally before them to give order now as they have been in use formerly to do for suspending personal execution against the persons so summoned and appointed to appear for such few dayes as they may come to give their appearance and during their necessar stay and some few dayes for their return and that according as the saids respective Judges shall find reason upon the particular applications to be made thereupon IV. ACT for the establishment and constitution of a National Synod FOrasmuch as the
ordering and disposal of the external Government of the Church and the nomination of the persons by whose advice matters relating to the same are to be setled doth belong to His Majesty as an inherent right of the Crown by vertue of His Prerogative-royal and supream Authority in causes Ecclesiastical And in prosecution of this Trust His Majesty considering how fit and necessary it is for the honour and service of Almighty God the good and quiet of the Church and the better Government thereof in unity and order that there be a National Synod and Assembly duly constitute within this Kingdom Hath therefore Appointed and Declared and by these presents Appoints and Declares that there shall be a National Synod of the Church of Scotland And that this Synod for the lawfull Members thereof shall consist and be constitute of the Archbishops of St. Andrews and Glasgow and the remanent Bishops of these two Provinces of all Deans of Cathedral Churches Arch-deacons of all the Moderators of Meetings for exercise allowed by the Bishops of the respective Diocesse and of one Presbyter or Minister of each Meeting to be chosen and elected by the Moderator and plurality of Presbyters of the same and of one or two from the University of St. Andrews one from Glasgow one from the King's Colledge one from Marshals Colledge of Aberdeen and one from the Colledge of Edinburgh And this Synod thus constitute is to meet at such times and places as His Majestie by His Proclamation shall appoint and is to debate treat consider consult conclude and determine upon such pious matters causes and things concerning the Doctrine Worship Discipline and Government of this Church as His Majesty shall from time to time under His Royal hand deliver or cause be delivered to the Archbishop of St. Andrews President of the said National Assembly to be by him offered to their consideration The Estates of Parliament do humbly recognosce and acknowledge His Majesties Royal Power and Prerogative aforesaid with the piety justice and prudence of His Majesties resolution herein Likeas His Majesty with their advice and consent doth hereby Establish Ratifie and Confirm this constitution of a National Assembly as the lawfull constitution of the National Synods and Assemblies of this Church His Majesty or His Commissioner without whose presence no National Synod can be kept being alwayes present And Declares That no Act Canon Order or Ordinance shall be owned as an Act of the National Synod of the Church of Scotland so as to be of any effect force or validity in Law to be observed and keeped by the Archbishops and Bishops the inferiour Clergy and all other persons within this Realm as far as lawfully being Members of this National Church it may concern them but that which shall be considered consulted and agreed upon by the President and major part of the Members above-specified It is alwayes hereby provided that nothing be enacted or put in execution by authority of a National Synod within this Kingdom which shall be contrary to His Majesties Royal Prerogative or the Laws of the Kingdom And that no Act Mater or Cause be debated consulted and concluded upon but what shall be allowed approven and confirmed by His Majesty or His Commissior present at the said National Synod V. ACT anent ruinous houses in Royal Burghs OUr Soveraign Lord being informed that upon the high Streets of several of His Majesties Burghs-royal and in the vennels and other passages within the same there be many houses in the publick view of all people resorting thereto very ruinous and not inhabited these divers years by gone nor likely to be repaired by any to the great opprobry of the said Burghs and common scandal of the Kingdom as being altogether defective of that policy and good order which is and ever hath been so earnestly intended in the many wholsom and laudable Laws already made by His Majesty and His Royal Progenitors of most worthy memory And finding the Burroughs very desirous to have these many dangers and inconveniences prevented and remeeded which the inhabitants of these Burghs and the rest of the Lieges frequenting the same do continually fear from such ruinous buildings Doth therefore with advice of His Estates of Parliament Ordain the Provost and Bailies of the Burgh where such ruinous houses are to cause warn and charge all persons that have or pretends right to the property of such Lands and Buildings or any Annual-rents forth thereof to cause build and repair in a decent way within year and day such Houses and Buildings as have been wast and not inhabited three years before the date of this present Act or shall be wast and not inhabited thereafter by the foresaid space of three years or else to sell the same to others to be builded within the same space of year and day And to charge all known persons personally or at their dwelling places and by open Proclamation at the Paroch-kirk or Mercat-cross of the Burgh and all others by open Proclamation at the said Mercat-cross and Paroch-kirk And in case of their absence out of this Realm at the Cross of Edinburgh and Peer and Shoar of Leith upon threescore dayes with certification to them if they failÈie the said Provost and Bailies shall cause the said Lands and Tenement to be valued by certain persons to be chosen and sworn by them for that effect and sell the same to any person that will buy them and pay the price of the same to these owners if they be known and if they be not known to consign the prices thereof in the hands of the Provost one of the Bailies or Dean of Gild of the said Burgh to be forth-coming to these who have interest thereto And if no man will buy them it shall be lawfull to the said Provost and Bailies after apprising thereof as said is and payment or consignation of the prices of the same to cast down the said ruinous Houses and cause build the same of new And His Majesty with advice foresaid Declares That it shall not be lawfull in time coming to any maner of person to pursue them nor their successors therefore nor pretend any right or interest thereto but that the said right shall be a perfect security to the builders thereof and their successors VI. Act discharging the importation of Strong-waters c. OUr Soveraign Lord and Estates of Parliament understanding that there are divers Strong-waters Mum-beer and other Beer for drinking brought into this Kingdom from forraign places which might be more conveniently made within the Kingdom to the benefit of the natives thereof Therefore His Majesty with consent of the saids Estates Discharges all in bringing of Aqua vitae or strong-waters Mum beer and other Beer for drinking except Black beer called Spruce-beer within this Kingdom under the pain of escheat thereof VII ACT discharging the mixing of Tin with Lead OUr Soveraign Lord and Estates of this present Parliament considering the great
shall forfeit the fifth part of their moveables and be uncapable the Merchant of all trading and the Skipper of having any charge of any Ship within this Kingdom in all time coming Provided alwayes that the taking of the Oaths above-mentioned shall be without prejudice of search for or seizure of any exported money And if any Gold or Silver coyned or un-coyned shall after publication hereof be discovered carrying out of the Kingdom by any person who hath taken the said Oath the same not only to be confiscat but the person or persons owners thereof to be proceeded against as perjured persons and further lyable to six moneths imprisonment As also it is hereby Declared that notwithstanding of the said Oaths if it shall at any time thereafter be legally proven money hath been carried out of the Kingdom by the persons takers of the said Oath the saids persons shall be proceeded against as perjured persons and by and attour be fined in the value of the money exported and whatsoever money shall be discovered or seized upon the one half thereof to be for His Majesties use and the other half to the informer And the Lord Thesaurer and Thesaurer-depute are hereby required to appoint sufficient honest men to be found at the respective Ports of this Kingdom or Royal Burghs next adjacent thereto for taking of the saids Oaths And that they take bond with sufficient caution from each of the persons so appointed under the pain of six thousand pounds Scots that they shall not suffer any Merchant or Skipper to use trade or Merchandize with any forraign Kingdom or Nation before they have taken the saids Oaths and shall do their utmost endeavours for discovery and seizure of all money carryed out of the Kingdom And that if it shall be informed to them that any money hath been carryed out of the Kingdom they shall give speedy and timeous notice of their information to the said Lord Thesaurer or Thesaurer-depute the one half of the foresaid sum of six thousand pounds in case of failÈie to be for His Majesties use and the other half to be given to the delator and to be further lyable to six moneths imprisonment for breach of their trust And sicklik the said Lord Thesaurer principal and Thesaurer-depute are hereby required to cause the farmerers and Collectors of the Custom and keepers of the Coquet to take an Oath that the saids Farmerers and Collectors of the Custom shall use their utmost endeavours for the discovery and seizure of all money carrying out of the Kingdom by Sea or Land either by Merchant Skipper or by any person of whatsoever quality or degree except as is above excepted and that they shall not give warrand to any Skipper or receive a Coquet unless they have received both from the Skipper and Merchants in the Ship extracts of the respective Oaths as said is and that the keepers of the Coquets shall give no Coquet unless they have likewise received extracts of the Oaths above-mentioned both from Skipper and Merchants and both Customers and keepers of the Coquet to give bond with sufficient caution under such sums of money as the said Lord Thesaurer principal and Thesaurer-depute shall think fit for fullfilling of the premisses And in case the saids Farmerers Collectors and keepers of the Cocquet or either of them shall refuse to compear or compearing refuse to delay to take the Oath and give their Bond as aforesaid then their Tack Commission Gift or any other Title by which they enjoy their Places and Charges to be void and null and they to be further lyable to such censures as the said Lord Thesaurer principal and Thesaurer-depute shall think fit for their contumacy And if it shall be made appear to the said Lord Thefaurer principal and Thesaurer-depute that any of the Farmerers or Collectors of Custom or keepers of Coquet shall transgress the Oath and Bond above mentioned in any part then their Tack Commission Gift or any other Title by which they enjoy their saids Places to be void and null and they to have incurred the sums and penalties contayned in their respective Bonds the one half thereof to be given to the informer or delator and to be further proceeded against as perjured persons Discharging hereby all granting of Licences for exporting of money except to such persons allanerly as shall make faith in Exchequer or these appointed by the Lord Thesaurer or Thesaurer-depute and give sufficient Bond that the money which they are to carry out is to be bestowed upon Timber in Norway or in order for bringing in of Victual in time of extream dearth and that they shall return in specie what part of the money shall not be bestowed XI ACT for encouragement of Tillage and Pasturage OUr Soveraign Lord considering how necessar it is for the encouragement of the tillage of this Country which is subject to so much toil and expence though the improvement thereof be most advantagious to the whole Kingdom That liberty be granted for the exportation of Corns after the Natives are sufficiently provided for Therefore the King's Majesty with advice and consent of His Estates in Parliament Statutes and Declares That it shall be lawfull to export Corns of all sorts when they are under the prices following at the Ports or respective places of exportation viz. ilk Boll of Wheat under twelve pounds the Boll Beir and Barley under eight pounds the Boll Oats and Pease under eight merks the Boll notwithstanding of any former Acts Laws or Practice to the contrary they paying the usual Custom and Bullion as formerly with this provision That when the Lords of His Majesties S cret Council shall judge it necessar for the good of the Kingdom and preventing of dearth they may discharge the exportation of Victual of all sorts for so long time as they shall think fit As also for improvement of the Pasturage of this Kingdom and for encouragement of the breeders of the Bestial thereof It is Statute and Ordained with advice and consent foresaid that the exportation by Sea of all sorts of Bestial either Nolt Sheep or Swine and barrelled Fleshes of all sort shall be free of Custom Bullion and all other impositions for the space of nineteen years next after the date thereof XII ACT for anew Imposition upon English Commodities THe Estates of Parliament considering how much it concernes the credit and wealth of the Kingdom that our own native Commodities be manufactured amongst our selves and that the endeavours of such persons as are setting up Manufacturies and Trades have been and are much retarded by the importation of such forraign commodities as may be made within the Kingdom Therefore and for their due encouragement the King's Majesty with advice and consent of the Estates of Parliament Statutes and ordains That from and after the first day of September next twelve pounds Scots upon ilk ell of broad English Cloath six pounds upon ilk ell of York-shire and all
Sheriffs under the pain of rebelion with certification c. to find caution Burgesses Indwellers in Edinburgh that they shall yearly make their accompts in Exchequer and pay all things resting owing to the King's Majesty by vertue of their office And sicklike by the two hundred and thirty Act Parliament fourteenth anno one thousand five hundred and ninety four not only the foresaid Act is ratified and approven but also all Chamberlains Fewers Customers Bailies of Burroughs and Sheriffs and others intromettors with the foresaids Rents are ordained to find caution Burgesses of Edinburgh for yearly compearing and making compt in Exchequer And sicklike by another Act. Parliament fifteen Act two hundred and sixty two for preventing of the prejudice that did then arise through the not timeous payment of the foresaids Rents payable out of the High-lands and Isles the saids Fewers are Ordained to find caution to the Exchequer for yearly and thank full payment of the yearly Rents Duties and Services due and payable forth of the Lands possest and occcupied by them or any other in their names wherein if they failed their pretended Infeftments and other Rights and Titles they have to any of their Lands either property or superiority are declared forfault and null Which whole Acts of Parliament respectivè above-mentioned The Kings Majesty and Estates of Parliament taking of new to their consideration and finding no means could have been more probable and conduceable for preventing of these prejudices and obstructions that have arisen to His Majesties Affairs through the not timely payment of His Rents and that the neglect of the exact putting of the saids Acts to execution hath been the only fount in from whence these have sprung Therefore and for preventing of the same in the future the King's Majesty with advice and consent of the Estates of Parliament doth revive Renew Ratifie and Approve rhe foresaids Acts respectively and particularly above written of the dates tenors and contents thereof in all points in so far as the same are or may be extended to the payment or securing of His Majesties Rents and Ordains the same to have force and be punctually obeyed and extended against all Chamberlains Fewers Sheriffs Stewarts of Stewartries Bailies of Regalities Bailies of Burroughs and others lyable in payment of any of His Majesties Rents for finding caution in Exchequer to the Thesaurer principal and Thesaurer-depute who are hereby required to cause charge the foresaids persons particularly above-mentioned at the Mercat-cross of Edinburgh to compear before them to the effect above written with certification not only under the pains contained in the respective Acts of Parliament but also in case of their disobedience to denounce them Rebels at the said Mercat-cross of Edinborgh and to be registrate in the Thesaurers or general Registers of Hornings Which charge denounciation and registration respective the King's Majesty and Estates of Parliament Declares to be as sufficient to all purposes and intents as if the same charge were given to them personally at their dwelling houses and the denounciation at the head Burgh of the Shire where they live and the same registrate in the Sheriff Books thereof And sicklike His Majestie and Estates of Parliament taking to their consideration that several of the saids Fewers charged and denounced for not compearing compting and paying of their saids Duties do ly under the Process of Horning apprehending themselves from the distance of the place secure both as to their persons and goods to the great contempt of His Majesties Royal Authority slighting contemning and vilipending His Majesties Laws And His Majesty and Estates of Parliament considering by the nature duty and office of each Sheriff Stewart and Bailies of Regalities within their respective Jurisdictions they as His Majesties Officers are oblieged and by several Acts of Parliament viz. the 30 Act JA. 4. Par. 3. Par. 6 Act 69 Act 97. JA. 5. Par. 7. Act 74. Par 6. JA. 6. Act 75. JA. 6. Par. 6. Ordained to execute His Majesties Laws and put Letters of Poinding and Caption to execution take and apprehend the Rebels uplift their estates and compt for the same to the Comptroller and Thesaurer and to cause their Clerks give in the Registers of Hornings and to uplift His Majesties retoured Duties blench Duties Taxations and other Duties payable to His Majesty as not only the saids Acts of Parliament but also the several Rolls of Exchequer bears Whereby it appears both by Law and the nature and duty of their Office that they ought to execute His Majesties Letters and cause His Majesty be payed of His Rents by the persons lyable in payment thereof within their bounds and that the contemners of His Majesties Authority be duely punished and His Majesties Laws put to execution by them as His proper Officers Therefore the King's Majesty and Estates of Parliament Ordains when any of the foresaids persons for disobedience to the charges given to them for payment of the Mails Farmes and Duties as said is are denounced rebels and put to the horn Letters be directed to charge the Sheriff of the Shire and his Deputes Stewart of the Stewartry Bailie of the Regalitie respective within those bounds where the saids persons dwells or lands lyes to take and apprehend their persons and put them in warde ay and while payment be made to the Thesaurer and Thesaurer-depute or others appointed by them and an eque retired thereof or to poind and distrenÈie the readiest goods and geer and make sale of so much thereof and to cause His Majesties Thesaurer and Thesaurer-depute and others appointed by them for that effect to be compleatly payed of the said sum charged for or to instruct sufficient and exact diligence for the same within twenty one dayes next after they be charged With certification if they failÈie the saids twenty one dayes being by-past Letters shall be directed to charge them or their respective cautioners to make payment thereof themselves under the pain of rebellion and putting of them to the horn and if they failÈie to denounce them rebels c. in manner above-specified XV. ACT concerning Beggars and Vagabonds OUr Soveraign Lord considering the many laudable Acts of Parliament made by His Majesties Royal Predecessors for relief of the Poor and for constraining of Beggars Vagabounds and idle Persons to take themselves to lawfull Callings that they might not be burdensom and dis-gracefull to the Kingdom Especially the seventh Act of the sixth Parliament of His Majesties Royal Grand-father King James the sixth of happy memory Ordaining the names of the Poor of ilk Paroch and such as must be necessarily sustained by almes to be taken up and to tax and stint the persons within the Paroch according to the estimation of their substance without exception of persons to such weekly charges and contributions as should be thought sufficient to sustain the said poor People And the hundred and sixty eight Act of the fifteenth Parliament of King James the sixth Ratifying
the former Act with this addition That strong Beggars with their Bairns be imployed in common Works and that they shal continue servants therein during their life-times And considering the tenth Act of the two and twentieth Parliament of His said Royal Grand-father King James the sixth Recommending to all His good Subjects to take into their service poor and indigent Children declaring that they shall be subject to their said Masters their Heirs and Assignes in all kind of service that shall be enjoyned to them untill they pass their age of thirty years compleat and that they shall be Subject to their Masters correction and chastisement in all manner of punishment life and torture excepted and that if it shall happen the said persons to absent themselves from their Masters service without their licence not only to be lyable to bodily punishment at their Masters difcretion but that all recepters of them shall be obliged to restore them to their Masters within twenty four hours after they be required otherwise to pay to their said Masters ten shillings Scots for ilk dayes absence till they be restored And His Majesty considering that the chief cause whereby the foresaids Acts have proven in-effectual and that Vagabounds and idle Persons do yet so much abound hath been that there were few or no common Works then erected in the Kingdom who might take and imploy the said idle Persons in their service and that now by His Majesties Princely care common Works for Manufacturies of divers sorts are setting up in this Kingdom Therefore His Majesty with advice and consent of His Estates in Parliament Ratifies and Approves the foresaids Acts of Parliament with this addition That it shall be leisum to all Persons or Societies who have or shall set up any Manufacturies within this Kingdom to seize upon and apprehend the persons of any Vagabonds who shall be found begging or who being Masterless and out of service have not wherewith to maintain themselves by their own means or work and to imploy them for their service as they shall see fit the same being done with the advice of the respective Magistrates of the place where they shall be seized upon And Ordains the Paroches where such Vagabonds or idle Persons as shall be found begging were born or in case the place of their nativity be not known the Paroches where they have any residence haunt or most resort for the space of three years immediately preceeding their being so apprehended who thereby are relieved of the burden of them to make payment to the Persons or Societies that shall happen to imploy them of two shillings Scots money per aiem for the first year after they be apprehended and one shilling Scots per diem for the next three years thereafter the one half thereof to be payed by the Heretors of the severall Paroches respective and the other half thereof to be payed by the Possessor and Inhabitants dwelling upon the ground of each Heretor respective Likeas His Majesty with advice and consent foresaid Ordains the Heretors of each Paroch or as many of them as shall happen to meet upon publick intimation made at the Paroch-kirk upon any Sabbath at the dissolving of the Church from the first Sermon by any of the Heretors of the Paroch or by the imployers of the Poor to make up a stent Roll for maintenance of the Poor in their Paroch who shall be imployed as said is at the rate aforesaid the one half thereof to be payed by the Heretors either conform to the old extent of their Lands within the Paroch or conform to the valuation by which they last payed assessment or otherwayes as the major part of the Heretors so meeting shall agree Life-renters and Wod-setters alwayes being lyable during their Rights as Heretors and the other half thereof to be laid upon the Tennents and Possessors according to their means and substance And in case the saids Heretors being required by any Person or Society imploying the Poor as said is shall failÈie to make up and deliver a stent Roll in manner foresaid with power to the Persons Society or others intrusted by them to charge the Heretors of each Paroch for the sum of two shillings Scots per diem for each one of their Poor whereof they shall be relieved in manner foresaid conform to the old extent or valuation foresaid at the option of the Person or Society imploying or these intrusted by them which stent Roll shall continue and stand for one year after the making up thereof either by the Heretors or in case of failÈie by the Persons or Societies imploying the Poor as said is and shall then be renewed from year to year during the years above-written Providing also that the Heretors in case they failÈie to make astent Roll as said is and be charged conform to the old extent or valuation of their Lands that they shall have relief of the Tennents and Possessors of their Lands for the one half of what they shall be distressed for And His Majesty with consent foresaids Ordains Letters of Horning to be directed hereupon at the instance of the Persons or Societies imployers of the Poor or persons intrusted by them against the Heretors and others for payment of the said daily allowance for the Poor or against the recepters of them being so imployed for ten shillings Scots money per diem upon fifteen dayes only Providing alwayes that after examination of the case the Lords of the Privy Council shall find cause for directing such Letters And Ordains all Sheriffs Stewarts Bailies of Regality Principalitie Magistrates of Burroughs or Justices of Peace and their Constables to be assisting in the apprehending of the saids Vagabounds or in the bringing of them back to their service after they shall be imployed And strictly Prohibits and Discharges all persons whatsoever to oppose or hinder the taking or bringing back of them in maner foresaid respective under the pain of deforcement Likeas it is hereby Declared That the Poor so imployed shall continue in the service of the imployers and under their direction and correction in maner foresaid not only during the space of the maintenance to be payed for them by their Paroches in maner above-written but also for the space of seven years thereafter for meat and cloath only Declaring alwayes likeas it is hereby expresly Declared that the Burgh of Air nor their inhabitants shall no wayes be comprehended herein but are excepted here-from in all points And recommends to the Lords of the Privy Council to see this Act and all former Acts of Parliament made against sturdy Beggars and Vagabonds put to execution with power to them to supply by their order what shall be deficient as to the execution of the saids Acts. XVI ACT anent the measure of Coal OUr Soveraign Lord considering that several questions and debates do arise betwixt the buyers of Coal and the Customers and Receivers of the Bullion anent the measure of the chalder
by which the Custom and Bullion imposed upon the Coal should be payed Doth herefore with advice and consent of His Estates of Parliament Statute and Declare That the rates of Custom and Bullion imposed upon the Chalder of Coal is and shall be understood of the Culrosschalder and the saids rate exacted and paid according to that measure allanerly notwithstanding of any former Custom to the contrary XVII ACT anent the Foot-measure THe Estates of Parliament considering that notwithstanding by the ancient Laws of the Kingdom the ell is designed to be thirty seven inches yet many use inches by which the ell is divided into fourty two inches and of those small inches make the Foot-measure of a smaller proportion then it ought to be to the great prejudice of the Lieges and that the occasion of this liberty hath been because that hitherto hath no Standard been appointed for Foot-measures as well as other measures The refore His Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That from and after the first day of June next one thousand six hundred sixty four no Workman nor other person shall make use of any other Foot-measure then such as consists of twelve of these inches whereof the ell contains thirty seven And that this may be the better made practicable to the Lieges Ordains an exact Standard foot to be made by the Magistrates of Edinburgh before the first of January one thousand six hundred and sixty four of Iron or Copper and preserved by the City of Edinburgh for all time coming And that all Burghs shall have a measure made according to it and hung at their Tolbooth doors or upon their Mercat-crosses before the first of March one thousand six hundred and sixty four and any Burgh that shall fall in this shall be lyable to the penalty of one hundred pounds Scots And Ordains That all Wrights Glasiers Masons and all other sorts of publick Work men shall work by this Foot-measure allannerly that the Lieges may not be abused by variety of measures Providing alwayes that this do infer no further priviledge to the Burg of Edinburgh in justing of the Standard to the Shires and Burghs within the Kingdom then the keeping of the same nor to any others that have Standards of the like nature XVIII ACT discharging Munday and Saturday Mercats in Royal Burghs OUr Soveraign Lord considering that there is much occasion given for profanation of the Lords-day in the Royall Burghs by keeping their weekly Mercats on Monday and Saturday and that the same may be as conveniently kept on other dayes of the week Doth therefore with advice and consent of His Estates in Parliament Inhibit and Discharge all the Royal Burghs from keeping any Mercats in time coming upon the Monday or Saturday under the pain of one hundred Merks to be payed by each of the Royal Burghs for every contravention respective And allows them to change and keep their Mercats on other dayes of the week as they have done formerly since the year one thousand six hundred and fourty four and that they make timeous intimation of the change to the next adjacent Burghs It being alwayes Declared that this Act is not to be extended against Fleshers in Royal Burghs who may keep Mercat of Fleshes in their respective Burghs upon these dayes this Act notwithstanding XIX ACT anent Lint-seed Hemp-seed and Steel THe Estates of Parliament taking to consideration the manifold mistakes and differences that do and may arise betwixt the Farmers of excise and Merchants anent the exacting of Excise upon Lint-seed Hemp-seed and Steel which seems to be occasioned because these Commodities are not particularly excepted in the Act of the Annuity from payment of Excise And being certainly informed that the present Farmers of Excise and their Collectors do require and exact duty of Hemp-seed Lint-seed and Steel contrary to the meaning of the said Act of Annuity and of the fourtieth Act of this present Parliament made for encouragement of Manufacturies Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Doth Declare all Hemp-seed Lint-seed and Steel to be included in the generality of the proviso of the said Act of Annuity as also of the said fourtieth Act whereby all materials for Manufacturies are exempted from Excise XX. ACT anent Manses and Glebs and poinding for Ministers Stipends OUr Soveraign Lord considering the great difficulties which often-times the Ministers of the Gospel do meet with in the due payment of their Rents and Stipends So that they are sometimes forced to use legal execution by poinding and in so doing are necessitate to carry the Goods poinded to be apprised at the Mercat-cross of the head Burgh of the Shire Stewartry Bailery or Regality many miles distant from the place where the Goods are poinded to the great prejudice of the party and of the Goods also Therefore His Majesty with advice and consent of the Estates of Parliament Declares That it shall be sufficient to the Ministers foresaid in poinding apprizing and distrenÈying the Goods of the persons deficient in payment of their Rents and Stipend to comprise the saids Goods by honest sworn men upon the ground of the Lands and place where the Goods are which shall be as sufficient as the same were done at the Mercat-crosses And because notwithstanding of divers Acts of Parliament made of before divers Ministers are not yet sufficiently provided with Manses and Glebs and others do not get their Manses free at their entry Therefore our Soveraign Lord with advice foresaid Statutes and Ordains That where competent Manses are not already built the Heretors of the Paroch at the sigh of the Bishop of the Diocess or such Ministers as he shall appoint with two or three of the most knowing and discreet men of the Paroch build competent Manses to their Minister the expences thereof not exceeding one thousand pounds and not being beneath five hundred merks And where competent Manses are already built Ordains the Heretors of the Paroch to relieve the Minister and his Executors of all cost charges and expences for repairing of the foresaid Manses Declaring hereby that the manses being once built and repaired and the building or repairing satisfied and payed by the Heretors in manner foresaid the saids Manses shall thereafter be upholden by the incumbent Ministers during their possession and by the Heretors in time of vacancy out of the readiest of the vacand Stipend In like manner Ordains that every Minister have fewel foggage feal and devots according to the Act of Parliament made in anno one thousand five hundred and ninety three As also that every Minister except such Ministers of Royal Burroughs who have not right to Glebs have grass for one horse and two kine over and above their Gleb to be designed out of Kirk-lands and with relief according to the former Acts of Parliament standing in force And if there be no Kirk-lands lying near the Ministers Manse
out of which the grass for one horse and two kine may be designed or otherwayes if the saids Kirk-lands be arable Land in either of these cases Ordains the Heretors to pay to the Minister and his Successors yearly the sum of twenty pounds Scots for the said grass for one horse and two kine the Heretors alwayes being relieved according to the Law standing and of other Heretors of Kirk-lands in the said Paroch And because several Kirks have no Glebs as yet designed to them it is hereby specially provided that in all designations of Glebs Incorporatacres in Village or Town where the Heretor hath houses and gardens the same shall not be designed he alwayes giving other Lands nearest to the Kirk And His Majesty with advice foresaid for special causes and considerations Declares that this present Act as to the Manses is to have force as the same had been made and dated the fourteenth of March one thousand six hundred and fourty nine XXI ACT anent Comprisings OUr Soveraign Lord considering that since the first day of January one thousand six hundred and sixty two before the making of the sixty two Act of the first Session of this Parliament entituled Act for ordering the payment of debts betwixt Creditor and Debitor divers persons having right by posteriour Comprisings to the legal reversion of the first Comprising deduced of their Debitors Estate have according to the Law then in force redeemed or satisfied the first Comprising and acquired the right thereof for their own better security lest the legal reversion of the first Comprising should have expired to their prejudice And whereas by ane Clause of there foresaid Act of Parliament it is Ordained That all Comprisings led since the said first day of January one thousand six hundred and fifty two within year and day of the first effectual Comprising shall come in pari passu together in maner and upon the provisions mentioned in the said Act Which Clause as it is most just as to all Comprisings led and standing un-redeemed and un-satisfied by the subsequent Comprisers having right to the legal reversion So it were unjust to prejudge those who for their own security have redeemed or satisfied the first Comprising as said is according to the Law then standing Therefore His Majesty with advice and consent of the Estates of Parliament Declares That albeit the foresaid Act was made ad preterita to regulate the diligence used by Comprisings at the instance of the Creditors Yet it was no wayes their meaning to prejudge posterior Comprisers who hona side for their own security and for preventing the hazard of the expiration of the legal reversion of the first Comprising did redeem or satisfie the same And therefore it is Statute and Ordained That the saids second Comprisers shall no wayes be prejudged of the right of the foresaid first Comprising redeemed and satisfied by them Declaring nevertheless that as to the second or posterior Comprising standing in the parties person who satisfied the first the same shall only come in with the rest of the Comprisers pari passu as it is provided by the foresaid Act. As likewayes Declaring That these presents be no wayes extended to any Comprisings satisfied by the second Comprisers since the making of the forsaid Act of Parliament or to be satisfied in time coming XXII ACT anent Sentences of Excommunication OUr Soveraign Lord considering that the proviso in the twenty fifth Act of the first Session of Parliament entituled Act for denuncing of excommunicat persons anent the exhibiting the Process and Sentence of excomunication before the Lords of Session to the end they might consider the legality of the Process and grounds whereupon the Sentence proceeded before any Letters of denounciation should pass against excommunicat persons was concluded before the restauration of the Bishops and is prejudicial and derogatory to the jurisdiction of Ecclesiastical Authority as it is now established Doth therefore with advice and consent of His Estates of Parliament Retreat and Rescind the said proviso and Declares the same to be void and null XXIII ACT for additional provision in favours of the Vniversities OUr Soveraign Lord and the Estates of Parliament taking into serious consideration the condition of the several Universities of this Kingdom And finding that the present mean and incompetent provision of the Masters and Professors thereof is so prejudicial to the flourishing of these Seminaries of Church and State that unless some considerable Augmentation be setled upon them for their encouragement the ablest and fittest persons of ingenious spirits and education will shun and avoid the undertaking of Functions in Universities for want of such ingenuous means as should invite entertain encourage and obliege men sufficient for such laborious imployments to the great decay of Learning and detriment of all ranks of Persons in the Kingdom For preventing and remeeding whereof there being an expedient proposed that the Archbishops and Bishops and the rest of the inferior Clergy may allow some part yearly of their rents Benefices and Maintenance for the space of five years to come as an exemplary testimony of their piety and zeal for the advancement of Learning and Religion Therefore His Majesty with advice and consent of the Estates of Parliament Doth Statute and Ordain That for the cropts and years one thousand six hundred and sixty four one thousand six hundred and fixty five one housand six hundred and sixty six one thousand six hundred and sixty seven one thousand six hundred and sixty eight there be raised yearly out of the Rents of ilk Archbishop and Bishop the sum of fifty pounds for every thousand merks of the saids Revenues and the sum of fourty pounds out of every thousand merks of the Stipends or Benefices of every Minister and so proportionably six of the hundred as the Benefice of Stipend shall be valued to be more or less by the Bishops of the Diocestes And that the saids several proportions payable by the Bishops shall be yearly given into the Archbishops of the respective Provinces or such as shall have warrand from them and that the saids several proportions payable by Ministers shall be yearly given in to the Bishops of the respective Diocess or such as shall have warrand from them and for whom the saids Bishops shall be countable Which sums so to be raised shall be distributed to the several Universities according to those proportions which shall be assigned by His Majesty by a Committee to sit at Edinburgh consisting of the Archbishops of St. Andrews and Glasgow and the Bishops of Edinburgh and Aberdeen and four others whereof one to be nominat by the Visitors of the Univerfitie of St. Andrews and another by the Visitors of the Universitie of Glasgow the third by the Visitors of Aberdeen the fourth by the Council of Edinburgh Hereby anthorizing the Archbishop of St. Andrews and in his absence the Archbishop of Glasgow to preside in the said Committee and to appoint
And although by a special Act of this present Parliament the pretended Parliament holden in anno one thousand six hundred and fourty nine and in the beginning of the year one thousand six hundred and fifty is from the beginning Declared void and null and all that had followed thereupon Yet nevertheless His Majesty doth with advice foresaid authorize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or more appointed by the said pretended Parliament for plantation of Kirks and valuation of Teinds and all execution competent thereupon Excepting such Decreets and Sentences given in favours of Ministers for their Stipends or for dividing uniting annexing or building of Kirks which shall be found to have been unjustly or exorbitantly decerned The determination whereof is hereby referred by His Majesty with consent foresaid to the saids Commissioners that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids Acts Decreets and Sentences as they shall think fitting conform to the Laws Practick and Custom observed preceeding the year one thousand six hundred and fourty nine And Ordains Processes upon supplications to be summarily granted parties alwayes being cited and that without any reduction And it shall be lawful to the saids Commissioners or quorum foresaid to proceed in all Summons and Actions to be intended for that effect within the space of two years after the first down-sitting of the Commission And whereas it may fall out that some of the saids Commissioners may be unable to attend the service through death sickness or other known impediment Therefore His Majesty Declares that He shall be carefull to fill their places with other persons qualified whose oaths for faithfull discharge of the same shall be taken by the Lord Chancellor or in his absence by the President of the said Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and the Acts Decreets and Sentences thereof to have the force strength and effect of a Decreet and Sentence of Parliament and the Lords of Session to grant and direct Letters of Horning Poinding and others requisit in manner contained in the foresaids Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heretors who should be willing to buy should have their own Teinds at reasonable rates Therefore His Majesty with advice foresaid Statutes and Ordains That all Heretors whose Teinds are not valued excepting as is formerly excepted in this Commission shall have liberty to value and buy the same at such rates as is contained in the Acts of Parliament one thousand six hundred and thirty three With power to the saids Commissioners to augment the saids rates according to the burden of augmentation and others sustained by the Titulars since the saids Acts and the saids Heretors to have the liberty of buying as said is within the space of three years after the valuation With this Declaration alwayes That in case the impediment during the time foresaid flow from the Titular by reason of his minority or other in-ability in that case the Heretor who offers himself ready to buy his own Teind within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space above-exprest And it is Declared that if the Heretor be Minor and his Tutors neglect the buying of his Teind within the foresaid space the Minor shall have action for two years after his minority to compell the Titular for selling of his saids Teinds And His Majesty with consent foresaid hereby discharges all former Commissions Declaring the same to be expired XXVIII ACT anent penal Statutes THe King 's most Excellent Majesty having out of His grace and goodness to His Subjects granted an full and free Act of Indempnity Pardon and Oblivion for all crimes and offences committed by them relating to the late troubles and more fully exprest in the tenth Act of the second Session of this Parliament And considering that besides these there be divers arbitrary and pecunial pains adjected to penal Statutes which being strictly exacted would prove an heavy burden to the Subjects who may be lyable thereto And His Majesty being desirous now at the close of this His first Parliament that all His good Subjects may find the effects of His mercy as to exceed all former presidents so to be beyond their own expectation Hath therefore thought fit with the advice and consent of His Estates of Parliament by these presents to Discharge Pardon and Remitall contraveeners of any penal Statutes for all deeds heretofore done by them contrary to the tenor thereof Excepting the Statutes concerning the unlawfull taking of Usury transporting of Silver and Gold slaying of red and black Fish and all Acts and Statutes past in this present Parliament which are no wayes discharged by this present Act. XXIX ACT Salvo jure cujuslibet OUr Soveraign Lord and Estates of Parliament considering that in this last Sossion of this present Parliament many particular Acts and Ratifications have been past wherein divers Clauses may be inserted prejudicial to the rights and interests of several persons albeit it hath alwayes been His Majesties purpose and meaning and the purpose and meaning of the Estates of Parliament in this as in all preceeding Parliaments That all particular Acts and Ratifications general or special howsoever conceived where persons concerned have not been heard for their Interest before the passing thereof should not prejudge private Rights of parties Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all praticular Acts and Ratifications whatsoever past in this last Session of this present Parliament shall be interpreted Salvo jure cujuslibet Excepting alwayes an Act and Ratification past in this Session of Parliament in favours of the Duke and Dutchess of Buccleuch of their Contract of Marriage which is Declared by His Majesty and Estates of Parliament no wayes to be comprehended herein Extracted from the Records of Parliament by me Sir ARCMIBALE PRIMEROSE of Chester Knight and Barronet Clerk of His MAJESTIES Council Registers and Rolls A. Primerose Cls. Reg. A TABLE of the printed ACTS 1. ACt against separation and disobedience to Ecclesiastical Authority Page 3 2. Additional Act concerning the Declaration to be signed by all persons in publick Trust Page 6 3. Act against Protections Page 7 4. Act for the establishment and constitution of a National Synod Page 8 5. Act anent ruinous houses in Royal Burghs Page 9 6. Act discharging the importation of Srong-waters c. Page 10 7. Act discharging the mixing of Tin with Lead Page 11 8 Act anent the discharging of Advocations for sums within two hundred merks ibid. 9. Act in favour Minors anent the duties of the Lands comprised from them Page 12 10. Act against