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A58642 The laws and acts of the second Parliament, of our most high and dread soveraign, Charles the Second by the grace of God, King of Scotland, England, France and Ireland, defender of the faith begun at Edinburgh, the 19. of October, 1669. By a noble Earl, John Earl of Lauderdail, Viscount Maitland, Lord Thirlestane, and Bolton, &c. His Majesties Commissioner for holding the same, by vertue of a commission under His Majesties Great Seal of this kingdom: with the special advice and consent of the Estates of Parliament. Extracted from the records of Parliament, be Sir Archibald Primerose of Chester, knight and barronet, clerk to His Majesties Council, Registers and Rolls.; Acts. Scotland.; Primrose, Archibald, Sir, 1616-1679. 1679 (1679) Wing S1272; ESTC R217871 33,600 49

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THE LAWS AND ACTS OF THE SECOND PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh the 19. of October 1669. By a Noble Earl John Earl of Lauderdail Viscount Maitland Lord Thirlestane and Bolton c. His Majesties Commissioner for holding the same by vertue of a COMMISSION under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted from the Records of Parliament be Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His Majesties Council Registers and Rolls Edinburgh Re-Printed by the Heir of Andrew Anderson Printer to the Kings Most Excellent Majesty Anno Dom. 1679. CVM PRIVELEGIO CR HONI SOIT QUI MAL Y PENSE LAWS and ACTS made in the second PARLIAMENT our our most High and Dread Soveraign CHARLES the Second by the Grace of GOD King of Scotland England France and Ireland Defender of the Faith I. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical November 16. 1669. THe Estates of Parliament having seriously considered how necessar it is for the good and Peace of the Church and State That His Majesties Power and Authority in relation to Matters and Persons Ecclesiastical be more clearly asserted by an Act of Parliament Have therefore thought fit it be Enacted Asserted and Declared Likeas His Majesty with Advice and Consent of His Estates of Parliament do hereby Enact Assert and Declare That His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom and that by vertue thereof the Ordering and Disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors as an inherent Right to the Crown And that His Majesty and His Successors may Settle Enact and Emit such Constitutions Acts and Orders concerning the Administration of the External Government of the Church and the Persons imployed in the same and concerning all Ecclesiastical Meetings and Matters to be proposed and determined therein as they in their Royal Wisdom shall think fit Which Acts Orders and Constitutions being recorded in the Books of Council and duly published are to be observed and obeyed by all His Majesties Subjects any Law Act or Custom to the contrary notwithstanding Likeas His Majesty with Advice and Consent foresaid doth Rescind and Annull all Laws Acts and Clauses thereof and all Customs and Constitutions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacy as it is hereby asserted And declars the same void and null in all time coming II. ACT concerning the Militia November 16. 1669. FOrasmuch as by divers ancient Laws an Acts of Parliament made in the Reigns of His Majesties Royal Ancestors it is Statute and Ordained That Weapon-showings be holden in ilke Shire several times in the year at which the Lieges are appointed to be harnished and armed according to their qualities and degrees as at length is specified in these Acts. And it being declared by the fifth Act of the first Session of His Majesties late Parliament That it is His Majesties Prerogative-Royal and undoubted Right to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwayes disposing thereof as He shall think fit As also the Estates of Parliament of this Kingdom in recognisance of His Majesties Royal Prerogative foresaid and in a further acknowledgement of their duty Having by the twenty fifth Act of the last Session of the foresaid Parliament made offer to His Majesty of twenty thousand Footmen and two thousand Horsemen sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportion exprest in that Act to be in readiness as they shall be called for by His Majesty to march to any part of His Dominions of Scotland England or Ireland for any service wherein His Majesties Honour Authority or Greatness may be concerned And His Majesty finding it expedient that the foresaid number of Foot and Horse should be modelled and trained in military discipline to the effect they might be in greater readiness and fitness for His Majesties Service when they should be called for Having by advice of His Privy Council constituted and settled a Militia of Horse and Foot in many Shires of the Kingdom according to the proportions mentioned in the foresaid Act and in some other Shires a Militia of Horse only having thought fit in this exigent for important reasons to change their Foot into a proportion of Horse suteable to the charge of their proportion of Foot And having nominated and appointed the Collonels and Lieutenant-Collonels of Foot and Captains of Horse And the Lords of Prvy Council having by His Majesties Order and Warrand appointed Commissioners of the Militia in the several Shires ordered the election of the inferiours Officers appointed particular dayes of Rendezvous the way of listing of Foot-souldiers ordered fit allowances to be given to the Foot and Horsemen every day of the Rendezvous That Collours Standarts Drums and Trumpets be provided at the charge of the Shire and having given several other Orders and Instructions concerning the ordering and disposing of the Militia The Estates of Parliament do in all duty acknowledge His Majesties singular Wisdom and tender Care of this His ancient Kingdom in constituting and settling the foresaid Militia Likeas His Majesty with advice and consent of His Estates of Parliament doth Ratifie and Approve the constitution and model of the Militia as the same is established by His Majesty with advice of His Privy Council And particularly their appointing dayes for Rendezvous ordering fit allowances to be given to the Foot and Horsemen the saids dayes of their Rendezvous And all Acts Commissions Orders and Instructiones past and emitted by the Council concerning the Militia and their whole proceedings relating thereto And Statutes and Ordaines that in all time coming there be allowed to each Footman six shillings Scots and to each Horseman eighteen shillings Scots every day of the Rendezvous to be payed be the Heretors And that the said six shillings to be payed to the Footmen be refounded to the Heretors by the men-tennents and servants for whom the Footmen are put out and who are not listed in the Militia And also Statutes and Ordaines that the Rendezvous be punctually keeped that Horse and Foot be duely outreiked and sufficiently armed that Fractions with their proportions of the price of the Collours Drums Standarts and Trumpets be timeously payed Likeas His Majesty with advice foresaid doth give power and warrand to the Commissioners of the Militia in the respective Shires to fine parties for the Souldiers absence from the Rendeizvous not exceeding six pounds Scots for the Horsemen and two pounds Scots for the Footman absent
foresaid Statute Ordain and Declare That no Manufactory shall have the benefit thereof excepting such as shall be or hath been lawfully erected since the first day of January one thousand six hundred sixty one years and shall be found by the Lords of His Majesties Exchequer to have been or to be erected conform to the Acts of Parliament and to have the qualifications required by the same And further His Majesty understanding that if after so large expressions of his Majesties Royal care and tenderness for the advancement of Trade and ease of Merchants any shall be so unfaithful as to persume to conceal and abstract the Goods imported by them thereby evading the payment of the Custom and Excise due and payable to His Majesty not only His Majesty will be prejudged of His Custom and Excise but also the Trade of Merchandise will be much endamaged by the said Merchants their underselling others who do honestly make true entries of their Goods and pay the duties of Custom and Excise Therefore for preventing of the said prejudice and abuse His Majesty with consent foresaid doth give power and warrand to the Collectors of Custom and Excise or to their Deputies to call and pursue such persons who shall wilfully and wickedly conceal and abstract their Goods or any part thereof and not duly enter the same or who shall be accessory or any wayes aiding and assisting to the concealing or abstracting thereof and that before the Lords of His Majecties Exchequer if the saids persons dwell and reside within twelve miles of the place where the saids Lords shall happen to sit for the time or in their option before any other competent Judge And in case the saids persons live at farther distance it shall be lawful to the said Collectors or Farmers or their Deputies to pursue them before the Sheriffs Stewarts of Stewartries or Bailiffs of Regalities Magistrates of Burghs or any other competent Judges who are hereby required to take due and speedy tryal of the premisses and to admit probation thereof by writ witness oath of party or otherwise according to Law any Act or Acts of Parliament or Clauses therein contained to the contrary thereof notwithstanding And to the end that His Majesties Lieges and Merchants upon the occasion and pretence foresaid be not unjustly molested and troubled It is Ordained that the saids Process and Pursutes shall be intended within three Moneths after the fraudful abstracting and imbezleing foresaid and that these at whose instance they shall be pursued shall be oblieged to give their oaths de calumnia if thereto required that the saids pursutes are not intended of malice but upon credible information and that they have just reason to pursue as they conceive And in case any Merchant Skipper Mate or Marriner or other person shall be found guilty of or accessory to the said imbezeling in concealing or abstracting any Goods which ought and should have been entered It is Statute and Ordained that the said delinquents shall be imprisoned for the space of twenty four hours and untill they make payment of the full price and value of the Goods which shall be found to have been abstracted by them and shall be further fined by the Lords of His Majesties Exchequer as they shall see cause And in case any Goods shall be found and seised upon account that they were concealed and not duly entered they shall not only be detained and confiscate without redemption but also the Owners of the said Goods and all others who shall be found to be accessory or aiding to the concealing or abstracting of the same shall be imprisoned for the space of twenty four hours and such fines and other punishment shall be imposed and inflicted upon them as the Lords of Exchequer shall appoint And that the Collectors of His Majesties Customs and Excise and their Deputies at the making their accounts of their intromission with the Custom and Excise-duties shall be holden and obliged to give their oaths upon the truth of these accounts to be given in by them And it is provided and declared by His Majesty with consent foresaid that the foresaid Act of His Majesties first Parliament whereby the Excise is imposed shall stand and is and shall be of full force except in so far as the same is altered innovat qualified and taken away in manner above-mentioned XIII ACT for annexation of Orknay and Zetland to the Crown December 17. 1669. FOrasmuch as the Isles of Orknay and Zetland are a great and so considerable a part of this His Majesties ancient Kingdom that for divers Ages they were the occasion of much trouble and expense of blood and money for maintaining thereof against the invasion of Forraigners and recovering the same out of their hands by Arms and Treaties And the saids Isles being of a great and large extent of bounds and so remote and at such a distance from the ordinary seat of Justice and Judicatories that the Inhabitants within the same are not able to travel in the winter season and at other times cannot without great trouble and expenses repair to the said Judicatories to complain when they are oppressed and grieved It is not only fit in order to His Majesties Interest but will be the great advantage of His Majesties Subjects dwelling there that without interposing any other Lord or Superior betwixt His Majesty and them they should have an immediate dependance upon His Majesty and His Officers being their great security against Forraign attempts and oppression at home And seing it is most expedient and necessar that a publick Patrimony and certain Revenue in Lands Lordships and others should be settled upon and annexed unto His Majesties Crown for supporting of His Royal Estate and Government and the great and necessar charges of the same which if not defrayed out of His Majesties own Property and Revenue would unavoidably ly and be a heavy burden upon His Majesties Lieges And to that purpose divers Acts of Annexation have been made from time to time and in specialy the Earldom of Orknay and Lordship of Zetland with the pertinents of the same were annexed to the Crown in the years one thousand five hundred and forty and one thousand six hundred and twelve respective And yet importunity prevailing with His Majesty and His Royal Father their goodness and inclination to gratifie their Subjects they have been induced to give away and part with so great a Jewel of their Crown and to dispone and grant Rights of the said Earldom and Lordship which being found to be to the great prejudice of His Majesty His Crown and Subjects and contrary to the Laws and Acts of Parliament of this Kingdom by a Decreet of the Lords of Session obtained upon the twenty fifth day of February last by-past at the instance of Sir John Nisbet of Dirletoun Knight His Majesties Advocat for His Majesties interest against William Earl of Morton Charles Lord Dalkeith his son George Viscount of Grandistoun and certain other persons therein mentioned the saids Lords by their Decreet foresaid have reduced the Contracts Dispositions Infeftments Acts of dissolution and other Rights therein mentioned made and granted by His Majesty and his Royal Father to and in favours of the diseased William Earl of Morton Grandfather to William now Earl of Mortoun and the said George Viscount of
without calling or hearing of such as may be thereby concerned and prejudged Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in maner foresaid shal not prejudge any third party of their lawful Rights nor of their Actions and Defences competent thereupon before the making of the said particular Acts and Acts of Ratifications And that the Lords of Session and all other Judges within this Kingdom shall be oblieged to judge betwixt Parties according to their several Rights standing in their persons before the making of the saids Acts All which are hereby exponed and Declared to have been made Salvo jure cujuslibet XVII ACT of Adjournment December 23. 1669 THE Kings Majesty Declares this Parliament current and adjourns the same to the eight of June next to come Ordaining all the Members of Parliament to attend that day and that there be no new Election of Commissioners from Shires or Burroughs except upon the Death of some of the present Commissioners A LIST of the Printed ACTS past in the PARLIAMENT keeped at Edinburgh in October 1669. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical Page 3 2. Act concerning the Militia Page 5 3. Act for registration of Instruments of Resignation ad remanentiam Page 9 4. Act concerning poinding before the dayes of the Charge expire ibid. 5. Act for the security of the persons of Minister Page 10 6. Act for the ordering of Suspensions of the Benefices and Stipends of the Clergy Page 11 7. Act for Naturalization of Strangers Page 12 8. Act concerning the Bullion Page 14 9. Act concerning presciptions Page 18 10. Act concerning Interuptions Page 19 11. Act concerning the forfeiture of persons in the late Rebellion Page 20 12. Act concerning the Excise and Customs Page 22 13. Act for annexation of Orknay and Zetland to the Crown Page 28 14. Act concerning the Exportation of Corns Page 32 15. Act for regulating the prices of Ale and Drinking-beer and Maltmen Page 33 16. Act for repairing High-wayes and Bridges Page 35 17. Act anent inclosing of Ground Page 39 18. Act concerning adjudications Page 40 19. Act concerning the Confirmation and Quots of Testaments Page 41 20. Act for inbringing of publick Dues from the Northern Shires Page 43 21. Act Salvo jure cujuslibet Page 44 22. Act of Adjournment ibid. A LIST of the Acts and Ratifications past in in this first Session of His Majesties second Parliament and which are not here printed Rotestations by some Noblemen and others Commissioners from Shires and Burghs concerning their precedency in the Rolls of Parliament His Majesties Letters to the Parliament concerning the Union of the Kingdoms of Scotland and England with the Parliaments Answers Act anent the election of Commissioners from Shires Act for continuing the Imposition for upholding the Caussa of Couiemonth Acts for yearly Fairs and Weekly Mercats to some Noblemen and others Protestation by the Earl of Nithisdale that the forfeiture of Mcklelland of Balmagachan should not prejudge him Protestation by the Vassals of Orknay that they be not prejudged be the present annexation thereof to the Crown Protestation in name of the Duke of Lenox that this annexation do not prejudge his right of Admiralty in Orknay Protestation by the Lord Advocate contra these two Protestations Commission anent the regulation of the Commissar and Sheriff-Courts and other inferiour Courts of Justice Act suspending the payment of publick Debts Protection to William Dick. Ratification in favours of the Duke and Dutchess of Hamiltoun Protestation by the Town of Linlithgow against the same Protestation by the Duke of Hamiltoun in the contrair Two Ratifications in favours of the Earl of Argyl Protestations be the Earl of Errol and others against the same Protestation be the Earl of Argyl in the contrair Ratification in favours of the Lord Newbyth Ratification in favours of Mr. John Young of Leny Ratification in favours of Thomas Moncrief of that ilk Ratification in favours of the Earl of Kellie Ratification in favours of the Lord Stair Ratification in favours of Sir Andrew Fletcher of Aberlady Ratification in favours of Mr. Andrew Oswald and his Son Two Ratifications in favours of Sir John Nicolson of that ilk Ratification in favours of Mungo Graham of Gorthie Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Earl of Perth Ratification in favours of the Earl of Roxburgh Ratification in favours of Sir Alexander Frazer of Dorrs Ratification in favours of Sir Robert Cunningham of Achinharvy Ratification in favours of William Murray of Ochtertyre Ratification in favours of Sir James Drummond Ratification in favours of Sir John Forbes of Wattertoun Protestation in name of the Town of Aberdeen against the same Ratification in favours of the Earl of Tweedale Ratification in favours of Sir Hary Bruce of Clackmannan Ratification in favours of Sir Alexander Don of Newtoun Ratification in favours of Sir Patrick Home of Polwart Ratification in favours of Sir Charles Erskine of Cambo Ratification to him of his Office of Lyon King at Arms. Ratification in favours of Sir Philip Anstruther Ratification in favours of David Fothringhame of Pourie Ratification in favours of the Earl os Middleton Ratification in favours of the Earl of Dundonald Ratification in favours of the Lord Lee. Ratification in favours of Sir John Keith of Caskieben Ratification in favours of the Master of Ross Ratification in favours of John Forbes of Cullodin and his Son Ratification in favours of David Blair of Adamtoun Ratification in favours of William Hamiltoun of Wishaw Ratification in favours of George Dundas of that ilk Ratification in favours of Sir William Ker of Hadden Ratification in favours of Thomas Boyd of Pinkill Ratification in favours of the Minister of North Lieth Ratification in favours of Hugh Wat. Ratification in favours of the Town of Bervie Ratification in favours of Sir Adam Blair of Carberry Ratification in favours of George Fullertoun Ratification in favours of David Philp of Overcarnbie Ratification in favours of Mr. Robert Deens of Longhirdmistoun Ratification in favours of the Earl of Annandale Protestation in name of the Viscount of Stormont against it Protestation be the Earl of Annandale in the contrair Ratification in favours of Sir John and Sir Robert Dalyells Ratification in favours of Mr. John Wishart Ratification in favours of the Earl of Linlithgow Ratification in favours of Sir John Nisbet Lord Advocat Ratification in favours of Alexander Brodie of Letham c. Ratification in favours of Sir William Purvess of Woodhouslee Ratification in favours of the Girdle-makers of Culross Ratification in favours of James Stewart of Torrence Ratification in favours of the Lord Drumlanrig Ratification in favours of the Viscount of Stormont Ratification in favours of Lieutenant-General Drummond Ratification in favours of Sir William Bruce of Balcaskie Ratification in favours of the City of Glasgow Protestation be the Town of Ruglin against it Ratification in favours of the Town of Forfar Ratification in favours of Mr. Andrew Burnet of Weristown Ratification in favours of Sir John Aitoun of that ilk Remit for the Viscountess of Stormant Lord Drumlenrig and Laird of Ednem Act for an Imposition to be uplifted at the North-water Bridge Prorogation of the Imposition for the Bridge of Sauchtenhall Act for changing the Way at Walter Chiesties House at Dalry Recommendation for the Heretors of the Sheriffdom of Berwick concerning their fishing on Tweed Commissions for the fishings in the Waters of Spey and Divern Act anent the Fishings on Spey c. Commission for improving of Trade Act discharging the Custom of Books Act anent the Kirks of Kinneil and Burroughstounness Act concerning the Losses of the Town of Dundee Recommendation in favours of the Masters of the Scots Incorporation at London Continuation of the Lady Bramfords business FINIS