Kingdome made anno 1580. have been indeed the true main causes of all our evils and distractions AND therefore ordain according to the Constitutions of the Generall Assemblies of this Kirk and upon the grounds respective above-specified That the foresaid Service-book books of Canons and Ordination and the High Commission be still rejected That the articles of Pearth be no more practised That Episcopall government the civill places and power of Kirkmen bee holden still as unlawfull in this Kirk That the above-named pretented assemblies at Linlithgow 1606. 1608. at Glasgow 1610. at Aberdene 1616. at S. Andrewes 1617. at Pearth 1618. be hereafter accounted as null and of none effect and that for preservation of Religion and preventing all such evils in time comming Generall Assemblies rightly constitute as the proper and competent Judge of all matters Ecclesiasticall hereafter be keeped yearely and oftner pro re nata as occasion and necessitie shall require The necessitie of these occasionall Assemblies being first remonstrate to His Majestie by humble supplication As also that Kirk Sessions Presbyteries and Synodal Assemblies be constitute and observed according to the Order of this Kirk Which Act with all and sundrie the particular heads clauses and articles therein contained The Estates now conveened by His Majesties indiction warrant and authoritie foresaid Ratifies approves and confirmes in all points in manners as the same proports And gives thereunto the strength of a Law and Act of Parliament and ordaines execution to passe thereupon as effeirs And rescindes casses and annulls all Acts and Decrees of Parliament and Councell formerly made contrair and in prejudice of the said Act or any part thereof ACT V. ACT ANENT THE RATIFICATION Of the Covenant and of the Assemblies supplication Act of Councell and Act of Assemblie concerning the Covenant THE Estates of Parliament presently conveened by his Majesties speciall authoritie considering the supplication of the Generall Assembly at Edinburgh the 12. of August 1639. to his Majesties high Commissioner the Lords of His Majesties Honourable Privie Councell and the Act of the Councell the 30. of August 1639. containing the answer of the said supplication the Act of the said General Assembly ordaining by their Ecclesiasticall constitution the subscription of the Confession of Faith Covenant mentioned in their Supplication And withall having supplicated His Majestie to ratifie and enjoyne the famine by His Royall authoritie under all civill paines as tending to the glorie of God preservation of Religion the Kings Majesties honour and the perfect peace of this Kirk and Kingdome Do ratifie and approve the said supplication Act of Councell and Act of Assembly and conforme thereto Ordaines and commands the said Confession and Covenant to be subscribed by all His Majesties Subjects of what rank and qualitie soever under all civill paines And ordaines the said Supplication Act of Councell and Act of the Assembly with the whole Confession and Covenant it selfe to bee insert and registrate in the Acts and books of Parliament And also ordaines the famine to be presented at the entrie of every Parliament before they proceed to any other Act That the same bee publickly read and sworne by the whole members of Parliament claiming voice therein otherwise the refusers to subscribe and swear the same shall have no place nor voice in Parliament And such like ordaines all Judges Magistrates or other Officers of whatsoever place rank or qualitie and Ministers at their entrie to sweare and subscribe the famine Covenant Whereof and of the said Supplication Act of Councell and Act of the Assembly the tenour followes c. THE SUPPLICATION OF THE GEnerall Assembly conveened at EDINBURGH the 12. of August 1639. to his Majesties high Commissioner and the Lords of his Majesties Honourable Privie Councell WEe the Generall Assembly considering with all humble and thankfull acknowledgment the many recent favours bestowed upon us by His Majestie and that there resteth nothing for crowning of His Majesties incomparable goodnesse towards us but that all the members of this Kirk and Kingdome be joyned in one and the same Confession and Covenant with God with the Kings Majestie and amongst our selves And conceiving the main lett and impediment to this so good a work and so much wished by all to have been the Informations made to his Majestie of our Intentions to shake off civill and duetifull obedience due to Soveraignty and to diminish the Kings greatnes and authoritie and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an Union and for clearing of our loyaltie WEE in our own names and in name of all the rest of the Subjects and Congregations whom we represent do now in all humility represent to your Grace His Majesties Commissioner and the Lords of His Majesties most Honourable Privie Councell and declares before God and the world that we never had nor have any thought of with-drawing our selves from that humble and duetifull obedience to his Majestie and to his goverment which by the descent and under the reigne of 107. Kings is most chearfully acknowledged by us and our predecessours and that we never had nor have any intention nor desire to attempt any thing that may tend to the dishonour of God or the diminution of the Kings greatnesse and authoritie But on the contrary acknowledging our quietnes stabilitie and happines to depend upon the safety of the Kings Majesties Person and maintenance of his greatnes and royall authoritie who is Gods Vice-gerent set over us for the maintenance of Religion and ministration of Justice Wee have solemnly sworn and do sweare not only our mutuall concurrence and assistance for the cause of Religion and to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne his person and authority in the preservation and defence of the true Religion Liberties and Lawes of this Kirk and Kingdome but also in every cause which may concerne his Majesties honour shall according to the Lawes of this Kingdome and the duties of good Subjects concurre with our friends and followers in quiet manner or in Armes as we shal be required of his Majestie his Councell or any having his authority And therefore being most desirous to cleare our selves of all imputation of this kinde and following the laudable example of our predecessours 1589. do most humbly supplicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privie Councell to injoyn by act of Councell that this Confession and Covenant which as a testimony of our fidelity to GOD and loyaltie to our King wee have subscribed be subscribed by all his Majesties Subjects of what ranke and quality soever THE ACT OF HIS MAJESTIES MOST Honourable Privie Councell at Edinburgh August 30. Anno 1639. containing the answer of the Supplication above-written THe which day in presence of the Lord Commissioner and Lords of Privie Councell compeired personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George
Stirling of Keir Knight Sir William Douglas of Cavers Knight Sir Henry Wood of Bonytoun Knight John Smyth Burgesse of Edinburgh Mr. Robert Barclay Provest of Irwing Mr. Alexander Henderson Minister at Edinburgh and Master Archbald Johnstoun Clerk to the Generall Assembly and in the name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privie Councell the petition above written which being read heard and considered by the saids Lords they have ordained and ordain the same to be insert and registrate in the bookes of Privie Councell and according to the desire thereof ordaines the said Confession and Covenant to be subscribed in time comming by all his Majesties Subjects of this Kingdome of what rank and quality soever THE ACT OF THE GENERALL ASSEMBLY Ordaining by Ecclesiasticall authoritie the subscription of the Confession of Faith and Covenant THe Generall Assembly considering the great happinesse which may flow from a full and perfect Union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majestie and amongst our selves having by our great Oath declared the uprightnes and loyalty of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell to injoyne by Act of Councell all the Lieges in time comming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyalty to our King wee have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell have granted the desire of our Supplication ordaining by civill authority all his Majesties Lieges in time comming to subscribe the foresaid Covenant that our union may be the more full and perfect We by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the Heads and Clauses thereof and ordaines of new under all Ecclesiasticall censure that all the Masters of Universities Colledges and Schooles all Schollers at the passing of their degrees all persons suspect of Papistry or any other errour and finally all the members of this Kirk and Kingdome subscribe the same with these words prefixed to their subscription The Article of this Covenant which was at the first subscription referred to the determination of the generall Assembly being determined And thereby the Five Articles of Perth the governement of the Kirk by Bishops the civill places and power of Kirke-men upon the reasons and grounds contained in the acts of the Generall Assembly declared to be unlawfull within this Kirk wee subscribe according to the determination foresaid And ordaines the Covenant with this declaration to be insert in the Registers of the Assemblies of this Kirk Generall Provinciall and Presbyteriall ad perpetuam reimemoriam and in all humility supplicates his Majesties high commissioner and the honourable Estates of Parliament by their authority to ratifie and injoyne the same under all civill paines which will tend to the glory of God preservation of Religion the Kings Majesties honour and perfect peace of this Kirk and Kingdome The Confession of Faith subscribed at first by the Kings Majestie and his Houshold in the yeare of God 1580. Thereafter by Persons of all rankes in the yeare 1581. By ordinance of the Lords of the secret Councell and acts of the Generall Assembly Subscribed again by all sorts of Persons in the yeare 1590. By a new ordinance of Councell at the desire of the Generall Assembly with a generall Band for maintenance of the true Religion and the Kings Person And subscribed in the yeare 1638. By Us Noblemen Barons Gentlemen Burgesses Ministers and Commons then under subscribing Together with our resolution and promises for the causes after specified to mainetaine the said true Religion and the Kings Majestie according to the Confession foresaid and acts of Parliament And now upon the Supplication of the Generall Assembly to his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell subscribed again in the yeare 1639. by ordinance of Councell and Act of the Generall Assembly WEe all and every one of us under-written protest that after long and due Examination of our owne consciences in matters of true and false Religion Wee are now throughly resolved of the Trueth by the word and Spirit of God And therefore wee believe with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this onely is the true Christian Faith and Religion pleasing God and bringing Salvation to man which now is by the mercie of God revealed to the world by the preaching of the blessed Evangel and received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirke of Scotland the Kings Majestie and the three Estates of this Realme as Gods Eternall Trueth and onely ground of our Salvation as more particularly is expressed in the Confession of our Faith stablished and publickly confirmed by sundry Acts of Parliaments and now of a long time hath beene openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Trueth and Veritie grounded onely upon his written Word And therefore wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kind of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirk of Scotland But in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and consciences of men all his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written Word the perfection of the law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our Justification by faith only our imperfect Sanctification and obedience to the Law the nature number and use of the Holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the word of God His cruell judgement against Infants departing without the Sacrament His absolute necessitie of Baptisme His blasphemous opinion of Transubstantiation or reall presence of Christs Body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemne Oaths Perjuries and degrees of Marriage forbidden in the Word His crueltie against the innocent divorced His divellish Masse His blasphemous Priesthood His profane Sacrifice for the sins of the dead and the quicke His Canonization of men calling upon Angels or Saints departed
them against all such as by any meanes endeavour to shake or subvert the same THEREFORE We under-subscribers and every one of Us do in the presence of almightie God promise and vow That in this present Parliament We shall faithfully and freely speak answer and expresse our selves upon all and every thing which is or shall be proponed so farre as we think in our conscience may conduce to the glorie of God the good and peace of the Church and State of this Kingdome and imploy our best indeavours to promove the same And shall in no wayes advise voyce nor consent to any thing which to our best knowledge we think not most expedient and conduceable thereto as also that we shall maintaine and defend with our Life Power and Estate His Majesties Royall Person Honour and Estate as is exprest in our Nationall Covenant And likewise the Power and Priviledges of Parliament and the lawfull Rights and Liberties of the Subjects and by all good means and wayes oppose and indeavour to bring to exact tryall all such as either by force practise counsell plots conspiracies or other wayes have done or shall do any thing in prejudice of the puritie of Religion the Laws Liberties and Peace of the Kingdome And further that we shall in all just and honourable wayes indevour to preserve union and peace betwixt the three Kingdomes of Scotland England and Ireland and neither for hope feare nor other respect shall relinguish this vow and promise Read in audience of the Kings Majestie and the Estates of Parliament who approve the same and appoint the said oath to be taken by all members of this Parliament and in all Parliaments hereafter before they proceed to any act or determination ACT VI. ACT ANENT THE RATIFICATION OF The Articles of the Treatie superscribed by the King and subscribed by the President of the Parliament August 26. 1641. OUR Soveraign Lord and Estates of Parliament Ratifies and approves the articles of the large treaty concerning the establishing of the peace betwixt the Kings Majestie and his people of Scotland and betwixt the two Kingdomes of Scotland and England And for his Majestie and his successours perpetually confirmes the same ordaining the same in all time comming to have the full force and strength of perfect security lawes and acts of Parliament Like as his Majesty for Himself and his Successours promiseth in verbo Principis never to come in the contrary thereof for any thing therein contained but to hold the same firme and stable and shall cause it to be truly observed by all his Majesties Lieges according to the tenour intent thereof for now ever Wherof the tenour followes WHereas by his Majesties Royall Wisedome and Princely care of the Peace and Happinesse of his Majesties Dominions a Treaty hath beene appointed for removing of all differences raised betwixt the two Kingdomes and betwixt the King and his Subjects of Scotland and for setling and assuring a firme and blessed Peace for all time to come and a Commission hath been given under the great Seale of England with approbation of both Houses of Parliament bearing date 23. of November in the 16. yeare of his Majesties raigne and in the words following CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith c. To our Right trusty and right welbeloved Cousins Francis Earle of Bedford William Earle of Hartford Robert Earle of Essex And to our right trusty and right welbeloved Cousin and Councellour William Earle of Salisbury And to our right trusty and right welbeloved Cousin Robert Earle of Warwick And to our right trusty and right welbeloved Cousin John Earle of Bristoll And to our right trusty and right welbeloved Cousin and Counsellor Henry Earle of Holland And to our right trusty and right welbeloved Cousin and Councellour Thomas Earle of Berks And to our right trusty and welbeloved Philip Lord Wharton William Lord Paget Edward Lord Kimbalton Robert Lord Brooke John Lord Paulet Edward Lord Howard of Estrick Thomas Lord Savil and Francis Lord Dunsmore Greeting Whereas divers of our Subjects of Scotland have by their severall Petitions humbly besought us that we would be gratiously pleased to grant unto them certaine Demands we reposing especiall trust and confidence in your great wisedomes and fidelities have named assigned and appointed you and by these presents doe name assigne and appoint you to be our Commissioners and doe hereby give and grant unto you or any ten or more of you full power and authority to treat with John Earle of Rothes Charles Earle of Dumfermling John Lord Loudoun Sir Patrick Hepburne of Wauchton Sir William Douglas of Cavers William Drummond of Riccarton John Smith Baily of Edinburgh Alexander Wedderburne Clerke of Dundy Hugh Kennedy Burgesse of Air Alexander Hendersone and Archibald Johnstoun or any of them Or any other deputed or to be deputed by our said Subjects of Scotland or nominated on their behalfe and to take into your serious consideration the said Demands and compose conclude and end all differences arising thereupon Or otherwayes as you or any ten or more of you in your wisedomes shall thinke fit And whatsoever you our Commissioners aforesaid or any ten or more of you shall doe in the premisses We doe by these presents ratifie and confirme the same In witnesse whereof We have caused these our Letters to be made Patents Witnesse our selfe at Westminster the three and twentieth day of November in the sixteenth yeare of our Raigne Per ipsum Regem AND IN LIKE MANNER A COMMISSION hath beene granted by the Committees of the Parliament of Scotland bearing date the last of October and the 4 day of November 1640. and in the words following WEe the Commissioners of the Parliament of Scotland being a full number of both the Quorums thereof under-subscribing Forsomuch as the Kings Majesty our dread Soveraign hath been graciously pleased upon our humble supplications to appoint a Treaty and Conference at Rippon betwixt our Commssioners chosen and sent by Us for that effect and a number of the Peeres of England who accordingly met and have accorded upon certain Articles as well anent the maintenance of our Armie as anent the cessation of Arms during the Treatie And because the time for the ensuing Parliament of England could not permit the Treaty to come to the wished conclusion there his Majestie was therefore likewise pleased to trans-ferre the said Treatie to London where the said Parliament is to hold that there these entrusted by his Majestie and Estates of Parliament may have the better time and place to treat and conclude thereanent Therefore Wee the said Commissioners being a full number of both Quorums thereof under-subscribing by vertue and conforme to the Commission granted to us by the Estates of Parliament doe not onely approve the said Articles already agreed upon and subscribed by our said Commissioners at Rippon but also doe by these presents give full power warrant
Commission to John Earle of Rothes Lord Lesley c. Charles Earle of Dumfermling Lord Urquhart and Fuby c. John Lord Londoun Sir Patrick Hepburne of Wachtoun Sir William Douglas of Cavers William Drummond of Riccarton John Smith of Edinburgh Mr. Alexander Wedderburne of Dundy and Hugh Kennedy of Air as members of the Estates of Parliament And because many things may occurre concerning the Church and Assemblies thereof Therefore besides these of the Estates we nominate and appoint Mr. Alexander Hendersone and Mr. Archibald Johnstoun whom we adjoyne for that effect With power to them or any seven of them there being alwayes two of every Estate to passe to the said City of London and there or at any other place convenient mutually to be agreed upon to meet and conveen with any who shall be appointed by his Majesty and Estates of Parliament of England for the foresaid Treaty giving granting and committing like as we by these presents give grant and commit to them in manner foresaid full power warrant and commission to treat consult advise determine and agree as well anent the satisfying and granting of our Demands as in obtaining and securing a setled peace for all time comming conforme to the instructions given to them herewith or which shall be sent to them hereafter by us or any one of the said Quorums at the Campe of Edinburgh thereanent With power to them as said is to do everything which may conduce for the better and easier obtaining of our said demands and establishing a setled peace conforme to the said particular instructions in such like manner as we might do if we were all personally present our selves in full number promising to hold firme and stable all and every thing our said Commissioners in manner foresaid shall do in the Premisses conforme to the said instructions And in case it shall be found expedient or necessary to adde any more Commissioners to the foresaid persons these who shall so be sent authorized under our hands or the full number of any of the said Quorums shall have a like power and Commission by vertue of these presents with the fore-named Commissioners in such like manner as if their names were particularly exprest herein In witnesse whereof these presents are subscribed at Newcastle and Edinburgh the last of October and 4. of November 1640. SIC SUBSCRIBITUR Rothes Montrose Cassils Lothian Lyndesay Balmerino Naper Burghly Jo. Cooper Thomas Hope Ricccarton Caprinton Gaitgirth Dundas Edward Edgar Rich. Maxwell James Scot. Gorterfield Hume Hammilton Mr. Will. More Ja. Sword Hew Kennedy Rutherfoord And forasmuch as by vertue of the said Commissions the Commissioners therein authorised have treated and by the assistance and blessing of God have agreed upon the heads and articles following ARTICLES OF THE LARGE TREATY concerning the establishing of the peace betwixt the Kings Majestie and his people of Scotland and betwixt the two Kingdomes agreed upon by the Scottish and English Commissioners at the City of Westminster the seventh day of August 1641. THe SCOTTISH COMMISSIONERS having given in the Declaration following viz. WEE doe still in all Loyalty as becomes humble and duetifull Subjects acknowledge our dependency upon his Majesty as our dread Soveraign whether his Majesty live in Scotland or England and shall alwayes and in all things witnesse our high respects and best affections to the Kingdome and Parliament of England according to the strong bonds of nature and religion by which the two Kingdomes are joyned under one Head and Monarch yet as wee are fully assured that the Kingdome and Parliament of England is for the present farre from any thought of usurpation over the Kingdome and Parliament of Scotland or their Lawes and Liberties so for the preventing the misunderstanding of the Posterity and of Strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of our proceedings which may arise upon our comming into England and our treating in time of Parliament We doe by these declare and make known that neither by our Treaty with the English nor by seeking our peace to bee established in Parliament nor any other actions of ours doe wee acknowledge any dependency upon them or make them Judges to us or our Lawes or any thing that may import the smallest prejudice to our Liberties but that wee come in a free and brotherly way by our informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyne our endeavours in what may conduce for the good and peace of both Kingdomes no otherwise then if by occasion of the King his residence in Scotland Commissioners in the like exigence should be sent thither from England DID DEMAND that his Majesty would bee graciously pleased to command that the Acts of the late Parliament may bee published in his Highnesse name as our Soveraign Lord with consent of the Estates of Parliament conveened by his Majesties authority WHEREUNTO it is answered and agreed That for as much as the Kings Majesty at the humble desire of his Subjects did call and conveen a Parliament to be holden at Edinburgh the 2. of June 1640. wherein certain Acts were made and agreed upon which Acts his Majestie for the peace and good of his Kingdome is pleased to publish in his owne name with consent of the Estates and therefore commands that the said Acts bearing date the 11. day of June 1640. be published with the Acts to be made in the next Session of the same Parliament and that all the said Acts aswell of the precedent as of the next Session to be holden have in all time comming the strength of Lawes and to be universally received and obeyed by all the Subjects of the Kingdome of Scotland His Majesty doth in the word of a King promise the publishing of the said Acts in such sort as is above specified As for the manner of publishing the said Acts his Majesty approves that the Declaration of the Estates in the beginning of the Acts and the conclusion at the end may be past in silence at the publishing of the Acts and left out in the printed Copies And if any thing shall further occurre concerning the manner of publishing the said Acts his Majesties Commissioner may then offer it to the Estates to be considered of his Majesty being most assured that the Estates of Parliament will have a great care not to suffer his Majesties authority to be prejudiced in the managing of these great affaires Tertio Decembris 1640. THE SECOND DEMAND that the Castle of Edinburgh and other strengths of the Kingdome should with the advice of the Estates of Parliament according to their first foundation be furnished and used for defence and security of the Kingdome IS AGREED UNTO THE THIRD DEMAND that Scottish men within his Majesties Dominions of England and Ireland may be freed from censure for subscribing the Covenant and be no more pressed with oathes and subscriptions
Febr. 1641. Stilo Scotico and given in to the Treaty upon the 5. of the said Moneth And whereas it was desired by the Scottish Commissioners that the English Commissioners would let them know from the Parliament the security manner and termes of Payment of the foresaid summe of three hundred thousand Pounds and of the Arrears due for reliefe of the Northerne Counties It was agreed unto by warrant and order of the Parliament that they should have fourescore thousand Pounds as a part of the foresaid summe of three hundreth thousand pounds with the whole Arrears due to the Army before the disbanding thereof Conforme to the Paper of the 26. of May 1641. and given in to the Treaty upon the 27. of the said Moneth And concerning the security for paying of the remnant of the said sum of three hundred thousand pounds which is Arreare extending to 200 and 20000 Pounds It is resolved and agreed unto by both Houses of Parliament That an act of Parliament of publike Faith shall passe for security thereof And that one moity or equall halfe of the same extending to one hundred and ten thousand Pounds shall be payed at Midsommer in Anno 1642. And the other moity or equall halfe thereof to be payed at Midsommer in Anno 1643. as the order of the houses of Parliament of the 19 25. daies of June 1641. doth more fully purport And in like maner whereas it was desired by the Scottish Commissioners that they might know to whom they should addresse themselves for payment of the summes at the dayes appointed by the Parliament Conform to the Parliaments determination of the 19. of June Secondly at what place the payment should be made Thirdly that a safe conduct may be granted for the secure transporting of the moneys to Scotland at the times of the payment agreed upon It is answered and resolved by the Parliament That these Earles Lords and Commissioners following shall be the persons to whom the Scots shall addresse themselves for the receiving of the summes at the dayes appointed by the Parliament Earl of Bedford Earle of Essex Earle of Warwick Earle of Holland Earle of Stanford Lord Wharton Lord Mandevill Lord Brook Mr. Martin Sir Thomas Barrington Mr. Capell Sir Ar. Ingram Sir Gilbert Gerrard Sir Robert Pye Mr. H. Bellasis Sir Walter Earle Sir William Litton Sir Henry Mildmay Sir Thomas Cheek Sir John Strangewayes Mr. Arthur Goodwine Mr. Hampden Alderman Soam Alderman Pennington Resolved upon the question That the place of payment shall be the Chamber of London Resolved upon the question that a safe conduct shall be granted for the secure transporting of the moneyes to Scotland at the termes of Payment agreed upon at the charge of the Scots Conforme to the Paper June 22. 1641. yeares To the seventh Demand desiring that as his Majestie hath approved the acts of the late Parliament wherein all such Declarations Proclamations Books Libels Pamphlets as have bin made written or published against his loyal and dutifull subjects of Scotland are re-called and ordained to be suppressed and destroyed So his Majesty may be pleased to give order that the same may be suppressed recalled forbidden in England and Ireland and that the loyalty integrity and faithfulnesse of his Majesties subjects of Scotland towards his Majesties Royall Person Government may at the closing of this Treaty of Peace and at the time of publick thanksgiving for the same be made known in all places and all Parish Churches of his Majesties Dominions This was the more earnestly desired confidently expected from his Majesties Justice goodnesse Because no calamity or distresse hath so sore vexed or so deeply wounded the hearts of his Majesties Subjects as that their loyalty and love towards their Native King should have been controverted by the malignancy of bad Instruments brought into suspition And because they unfainedly desire pray for his Majesties happinesse and are resolved by all meanes and at all occasions to deny themselves and what they have for his Majesties Honour As is more fully contained in the Paper of the 8. of February 1641. Stilo Scotico It is answered upon the 10. of February 1641. Stilo Scotico We do agree that all declarations proclamations acts books libels and pamphlets that have been made published against the loyalty dutifulnesse of his Majesties subjects of Scotland shal be recalled suppressed forbidden in England Ireland And that this be reciprocall in Scotland if any such have bin made or published there in prejudice of his Majesties honour And this upon diligent inquiry to be done by the authority of the Parliament next sitting in Scotland of which the Commissioners of Scotland doe promise to have an especial care And we do also agree that when it shall please Almighty God to grant a happy close of this Treaty of Peace the loyalty of his Majesties said Subjects shall be made known at the time of publick thanksgiving in all places particularly in the Parish Churches of his Majesties Dominions Unto which we are the rather induced for that you expresse how deeply it hath wounded the hearts of his Majesties said Subjects that their loyalty love to his Matie their native King should be brought in question suspition Whereas they unfainedly desire pray for his Majesties happines are resolved by all means at all occasions to deny themselves what they have for his Majesties honor 10. Febr. 1641. stilo scotico Concerning the eighth Demand for an happy and durable Peace which is the chiefest of all our desires and unto which all the former seven Articles being now agreed upon are as many Preparations We do first of all desire that all monuments tokens shews of hostility upon the borders of the two kingdoms may be taken away that upon the reasons considerations particularly exprest in the paper of the 10. of Febr. 1641. stilo scotico That not only the Garrisons of Barwick and Carlile may be removed but that the works may be slighted and the places dismantled It is answered and agreed upon the 14. of June That his Majesty is desirous that all things betwixt the Kingdomes of Scotland and England bee reduced into the same state they were in before the beginning of the late troubles And therefore Hee doth give his Assent to the advice of the two Houses of Parliament that the Garrisons of Barwicke and Carlile upon the disbanding of the Scottish Army now in England and of all such Forces as are gathered together in Scotland be likewise presently removed And that the Fortifications of Barwick and Carlile bee also reduced to the same condition they were before the late troubles So that all Fortifications in Scotland bee likewise put in the same condition they were before the said troubles And that the Workes bee not repaired but suffered to decay and that the Ordinance and Ammunition bee removed And that it bee without prejudice to his Majesties
is And ilk one of them siclike and with all respects and priviledges fees casualities immunities liberties and profits whatsoever as the samine hath beene possest and bruiked by any preceding Lords and Senators of the said Colledge of justice and which the saids Lords and Senators foresaids may now bruike and enjoy by the Lawes of this Kingdome and that ad vitam vel culpam conforme to the Act of this present Parliament made hereanent upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid likewise nominated and elected Archibald Earle of Argyle Archibald Lord Angus John Lord Lindsay and John Lord Balmerino to be the foure extraordinair Lords of Session and Senators of the said Colledge of justice conforme to the foresaid Act made anent the nomination and election of the Officers of Estate Counsellours and Sessioners of the date the 16. day of September last by-past And His Majesty with advice and approbation of the saids Estates gave and disponed and hereby gives and dispones to the saids foure extraordinair Lords of Session above named and to ilk one of them the foure extraordinair places of the saids extraordinair Lords and Senators of the Colledge of justice with all honours dignities immunities liberties and priviledges whatsoever belonging to the extraordinair Lords of Session and their places thereof to be bruiked and possest by the foresaids foure Lords above named now nominated and elected thereto siclike and with all respects as the famine have beene possest and bruiked by any preceding extraordinair Lords of the Session and which may be now bruiked and enjoyed by them by the Lawes of this Kingdome ACT XXIV COMMISSION FOR REGULATING The common burthens of the Kingdome 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that during the time of the late troubles of this Kingdom there were many great summes and burdens contracted undertaken and advanced for the outreiking and maintenance of the Armies and for other publike affaires As likewise considering that the courts of the common burdens of the Kingdome and the accounts of the tenth penny and of the other debts resting due and payable to the publike Together with the accounts and intromissions of all Commissioners Collectors others persons who have had any charge or intromission with any thing pertaining to the publike aswell in the Countrey as at the Army and other parts abroad are not yet fully closed cleared counted for payed nor reduced in order And seeing it is absolutely necessary that all the debts contracted and advanced for the publike use either within the Kingdome or without the famine be known satisfied payed and relieved As also that every thing resting to the publike be counted for payed and brought in for reliefe of the common burthens and that the whole counts of the Armies and other counts within and without the Kingdome together with the accounts of the monthly maintenance of the Army and Brotherly assistance granted by the Parliament of England for reliefe of the common burthens of this Kingdome at least so much thereof as is already payed be all cleared fitted and closed and that the rest and superplus of the said brotherly assistance yet resting may be craved uplifted and received for the publike use And it being likewise necessary that all and every person who have had any trust and intromission with any thing pertaining to the publike either within the Country or at the Armie or any other place be called to an account for their intromission and that the Generall Officers and others who have served in the publike be satisfied and recompensed for their service according to their demerits As also that the losses sustained by the particular persons whose ships and goods were taken at Sea either in England or Ireland be taken to consideration To the effect that the whole burthens and debts resting by the publike being knowne and all that is due to the publike being counted for payed and brought in for relief of the common burthens the estate and condition of the publike affairs may be the better known and according lie such course taken thereanent as may best conduce for the good and weale of the country And seeing the clearing and setling of the premisses will necessarily draw to such a length of time as his Majesty and the Estates of Parliament cannot in this present Parliament receive call for nor examine the saids accounts and common burthens of the Kingdome and settle and order every thing concerning the same In respect whereof Our said Soveraign Lord and Estates of Parliament have found it necessary and expedient that a select number of the severall Estates of the Kingdom be nominated authorised and appointed for clearing and setling of the whole premisses and for directing setling and ordering of every thing which may concerne the same Or which may offer and come in consideration thereanent Therefore His Majestie and Estates of Parliament presently conveened do by vertue of thir presents elect nominate choose authorise and appoint the persons after specified viz. John Earle of Lowdoun High Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdaill William Earle of Lothian John Earle of Lindesay David Earle of Southesk Iames Earle of Findlater Iohn Lord Sinclair Iohn Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Hoome of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir Iohn Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsey of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Greirsone of Lag Master George Douglas of Bonjedburt William Rig of Ethernie Alexander Gordoun of Earlstoun Iohn Binnie Burges of Edinburgh Thomas Durham Burges of Pearth Patrik Leslie Burges of Aberdene George Bell Burges of Linlithgow Patrik Bell Burges of Glasgow Iames Sword Burges of Saint Andrewes Iohn Kennedye Burges of Air Iohn Sempell Burges of Dumbartane William Glendoning Burges of Kirkcudbright Iames Scot Burges of Montrose Master Robert Barclay Burges of Irving Iames Anderson Burges of Couper George Gardine Burges of Bruntiland and Master Alexander Dowglas Burges of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senatours of the Colledge of Justice whom His Majestie and Estates of Parliament adde to the foresaid number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect above and after specified Of the which persons any twelve of them shall be a Quorum there being alwaies three of them of ilk Estate To whom our said Soveraign Lord and Estates and whole body of the present Parliament Gives grants and commits full power warrant and commission to meet and conveen within the burgh of Edinburgh or such other places as
service and whose fees and recompences are not already allowed and appointed And also with power to them to allow and appoint such fees and recompences to all others who shall necessarily be imployed and intrusted by them as they shall find reasonable And in case any of the above named Commissioners shall happen to depart this life during the indurance thereof It shal be leasome to the rest of the saids Commissioners of that Estate or most part thereof to elect nominate and appoint others in the place of these who shall happen to depart ilk Estate choosing Commissioners in place of these who shall happen to decease of their own estate Like as our said Soveraign Lord and Estates of Parliament doe hereby require and command all and every person within this Kingdome and all others whom the famine may concerne as they will answer at their highest perill that they give exact and ready obedience to such orders warrants letters and directions as shall be given forth ordered and directed by the saids Commissioners or their quorum foresaid anent the whole premisses Requiring also all Sheriffes of Shires Magistrates of Burroughs Stewards of Stewartries Bailiffes of Regalities Provosts and Bailiffes of Burghs and all others persons whatsoever upon their highest perill as they shall be required to assist and concurre to the executing and obeying of such orders warrants and other dispatches as shall be directed and given forth by the saids Commissioners to the effect above specified With power likewise to the saids Commissioners and their Quorum to call for the assistance advice and information of any persons within this Kingdome of whatsoever quality for cleering of whatsoever questions doubts or scruples which may arise occurre in any particular concerning the premisses as occasion shall offer who are hereby required to assist the saids Commissioners by their presence counsell information and advice as they shall be desired for that effect And it is ordained that horning pounding and caption and all other manner of execution personall and reall shall be directed upon all warrants acts and orders of the saids Commissioners and their Quorum for the better obeying and executing of the famine and for the more ready and timous payment of the said publicke dues Which Commissioners above named are and shall be liable and countable to his Majestie and the Parliament for their exact diligence and constant attendance And for their carriage in the right discharging of this present Commission intrusted to them and every part and particular thereof Like as they shall be obliged to report and represent to the next Parliament a full accompt of their proceedings and deportments anent the premisses Together with the true estate and condition of the burdens and affaires of the publick to the effect that his Majestie and the Parliament after consideration of the premisses and of their proceedings and carriage thereintill may take such farther course thereanent as shall be found expedient And it is also hereby declared That the nomination made by his Majestie and the Parliament of a Clerke to this Commission is and shall bee but prejudice of the Clerk of the Registers right to depute Clerks to all other Commissions from the Parliament seeing the present Clerk Register consented to the Parliaments choosing of a Clerk to this Commission in respect the present Clerke Register being generall Commissar to the late Armie is a principall partie to compt to this Commission for his charge and discharge and so could not depute a Clerk to this judicatorie where he is to make his own compts ACT XXV ACT OF APPROBATION TO THE Committee of Estates 15. November 1641. OUr Soveraigne Lord with advice and consent of the Estates of Parliament considering that forsameikle as the Estates of Parliament in June 1640. for the reasons and considerations at that time moving them did nominate elect choose and appoint umwhile John Earle of Rothes John Earle of Cassils Charles Earle of Dumfermling John Earle of Wigtoun William Earle of Lothian John Lord Lindesay John Lord Balmerino Robert Lord Burghlie James Lord Couper John Lord Loure Sir Alexander Gibson of Durie Sir John Hope of Craighall Sir John Scot of Scotistarbet Senators of the Colledge of Justice Sir Patrik Hepburne of Wauchtoun Sir David Home of Wedderburne Sir Patrik Murray of Elibank Sir Patrik Hamiltoun of Little-prestoun Sir William Cunyngham of Capringtoun Sir William Douglas of Cavers Sir Thomas Nicholson of Carnok James Chalmers of Gadgerth Sir Thomas Hope of Kerse Drummond of Riccartoun John Forbes of Leslie Mr. George Dundasse of Maner John Smyth Edward Edgar Thomas Paterson Richard Maxwell Burgesses of Edinburgh Mr. Alexander Wedderburne Clerk of Dundie Mr. Alexander Jaffray Burgesse of Aberdene or Mr. William More in his absence William Hamiltoun Bailiffe of Linlithgow James Sword Burgesse of Saint Andrewes George Porterfield Bailiffe of Glasgow Hugh Kennedie Bailiffe of Air James Scot Burgesse of Montrose and John Rutherfurd Provest of Jedburgh and certaine other persons to be Commissioners from the saids Estates to whom they gave and granted full power warrand and commission to doe order direct act and put in execution every thing necessarie expedient and incumbent as well for the preservation and maintenance of the Armies both Horse and Foot by Sea and Land as for the ordering of the Countrey and whole Bodie and Inhabitants thereof deciding of questions and debates which should happen to arise or fall out in any businesse which should occasion or offer within the Kingdome concerning the peace and quiet thereof But prejudice of the ordinarie judicatories established within this Kingdome by Acts of Parliament And with power to them to borrow up-take and levie moneys for the use of the publick and to give and prescribe order and directions for disbursing thereof And generalitie did give them full power To doe all and sundrie other things requisite anent the ordering directing managing prosecuting and executing of all affaires and businesse of this Kingdome which might or should conduce to the weal of the famine or any part thereof and which might or could be needfull to be done by them for maintenance and preservation of the religion and liberties of this Kingdome anent the premisses as the said commission of the date the 11. day of June 1640. in the same at more length beares And siclike the saids Estates did nominate and constitute Mr. Adam Hepburne of Humbie to be Clerk to the said Commission and gave him power to substitute deputes one or more And his Majesty and the saids Estates now presently conveened having taken to consideration the paines taken by the saids Noble-men Barons Burgesse and other particularly above rehearsed al 's well these who remained at Edinburgh as these who went along with the Armie and resided at the Camp or sent as Commissioners to Rippon and London and of the said Mr. Adam Hepburne and Robert Hepburne his Colleage who served as Clerks in the said Commission They find that they have walked
Majesty and Estates declares such other persons shall fill their places as his Majesty shall think fit by advice of the remanent Commissioners who must receive and admit them upon the said Commission and take their oaths for faithfull discharge of the same And his Majesty and Estates ordaines this present Commission to indure unto the _____ ay and while the famine be expresly discharged by his Majesties warrand with consent of the Estates for that effect And his Majesty with consent of the Estates foresaid findes declares and ordaines the acts decreets and ordinances of the Commissioners foresaid and of the other persons who shal be surrogate in their places by his Majesty in manner foresaid in the whole particulars above specified and every one of them to have the force strength and effect of a decree sentence and Act of Parliament And ordaines the Lords of Session to grant and direct letters of horning pounding and others thereupon upon a simple charge of ten dayes or otherwayes as shall be found necessarie Attour for clearing of all doubts and difficulties which may arise anent the rectifying of valuations or other particular heads following His Majestie and Estates have declared and declares that where valuations are lawfully led against all parties having interest and allowed by the former Commissioners according to the order reserved by them that the famine shall not be drawn in question nor rectified upon pretence of enorm lesioun at the instance of the Minister not being titular or at the instance of his Majesties Advocate for and in respect of his Majesties annuity except it be proved that collusion was used betwixt the titular and heretor or betwixt the Procutor Fiscall and heretors and titular which collusion is declared to be where the valuations are led with diminution of the third of the just rent presently payed And which diminution shall be proved by the parties oaths It is alwayes declared that the provisions of the former Commission so far as they are conceived in favours of the Colledges Hospitals and Ministers are herein renewed As also that Ministers serving the cure who leade their teinds And that Colledges Schooles and Hospitals be not constrained to sell set nor dispone their teindes in prejudice of their successours notwithstanding of the valuations thereof Like as the Kings Majestie and Estates grants power to the saids Commissioners to do every thing necessary for setling and establishing the right of any teinds of the prelacies appointed by them in favours of the saids Kirks Schooles Universities and Colledges according to their severall divisions as also to set down rules and wayes how the same shall not thereafter be delapidate or made worse by the titulars for the time And his Majesty and Estates declares That all his Majesties subjects who are willing to buy their teinds shall be oblisht to pay the price thereof contained in the Act made thereanent within the space of two yeares after the famine beis valued and approven before the saids Commissioners And that after the expiring of the said time the titular shall not be compelled to sell the famine except they doe it of their owne good will With this declaration alwayes that in case the impediment induring the space foresaid flow from the titular by reason of his minority or other inability in that case the Heretor who offereth himselfe ready to buy his owne teind within the space foresaid shall have place so soone as the impediment is removed to buy his teinds notwithstanding of the expiring of the yeares and space above exprest And it is declared that if the heretors be minor and his tutors neglect the buying of his teinds within the space foresaid The minor shall have action for two yeares after his minority to compell the titular for selling of the saids teinds Likeas his Majesty and Estates of Parliament grants power to the saids Commissioners to give recompence to parties for the augmentation of stipends to be imposed by this present Commission in the same way as was done by some former Commissions as 1617. yeares Likeas it is hereby declared that where by mistaking and wrong compting there was a greater quantitie assigned to the minister out of any mans teinds nor is due by proportion according to the valuation that the Commissioners may rectifie the same without diminishing the ministers stipend or wronging his possession untill it be given out of other teinds in the paroch Likeas it is declared that where the assignations are made wrong in the quality that the same might be reduced to the just number of bols of meale beire and wheat answerable to the valuation With power also to the saids Commissioners to assigne the few dueties of the parts of land called Parsons and Viccars gleibes to the ministers and others serving the cure ACT XXXI COMMISSION ANENT THE ARTICLES Referred to Consideration by the Treaty 16. November 1641. OUr Soveraigne Lord with consent of the Estates of Parliament Considering that there are sundry heads of the Articles of the Treaty of peace betwixt his Majesty and his Subjects and betwixt his Majesties Kingdoms of Scotland and England which are referred to bee taken in consideration by the Commissionars to bee appoynted by his Majesty with consent of both Parliaments who shall have power to advise and treate thereupon and to report their proceedings therein to his Majesty and to the Parliament of both Kingdomes respective and specially the articles after specified And his Majesty with consent foresaid being willing that a Commission bee exped on their part for advising and treating upon the saids Articles with the Commissioners chosen or to bee chosen by his Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland Therefore his Majesty with advise and consent of the Estates gives and grants full power and Commission to the persons after specified William Earle of Lothiane John Earle of Lindesay Lord Parbrothe and Struther John Lord Balmerino Sir Thomas Myretoun of Cambo Sir Thomas Hope of Kerse Sir Archbald Johnstoun of Wariestoun Sir John Smyth of Grottell Burgesse of Edinburgh Patrik Bell Merchant Burgesse of Glasgow and Mr. Robert Barclay Burgesse of Irving as also to John Earle of Lowdoun Chancellour of Scotland and Archbald Marquesse of Argyle Earle of Kintyre Lord Lorne or any of them two who beis at Court To bee of the Commission with the remanent Commissioners above named With power to the saids whole Commissioners above named or any five of them there being one thereof at least of every Estate to conveene with the Commissioners chosen or to bee chosen by his Majesty with consent of the Parliament of England within which is included the Parliament of Ireland as said is at whatsoever places and times convenient to bee accorded amongst them and there to consult advise treat and agree upon the speciall Heads and Articles following viz. Anent the Demand concerning the making war with Forreigners and anent Leagues and Confederations
to bee made with forraign Princes and Estates and concerning mutuall Supply in case of forraign Invasion and also concerning mutuall Trade and Commerce betwixt the Kingdome of Scotland England and Ireland and anent the pressing of Ships and men by sea or land and al 's anent Naturalization and mutuall Capacity of the Subjects of both Kingdomes who either of them respective of all Dignities Liberties Priviledges and other Benefits Ecclesiasticall or civill and others of that nature and concerning the lawfullnesse and solemnity of the extracts of Bands or Decreets in either of the saids Kingdomes And al 's concerning the manner of safe conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland of the moneys given and promitted by way of brotherly supply and assistance to the Estate and Kingdome of Scotland by the Parliament of England And concerning what assistance Scotland shall give to England for suppressing of the Rebellion in Ireland or to the Prince Elector conforme to the instructions given or to bee given to them for that effect by the Lords of secret Councell to whom his Maiesty and Estates of Parliament remits the same And what the saids Commissioners their treaties with the saids Commissioners of England and Ireland resolves and concludes upon that they may make timous and due report thereof to his Majesty and the Estates of this Kingdome ACT XXXII COMMISSION FOR CONSERVING OF The Articles of Treaty 16. November 1641. OUR Soveraign Lord Considering That by the late Articles of Treaty concluded betwixt the Commissioners of His Majesties Kingdome of Scotland and England Ratified by Parliaments of both Kingdoms It is thought fit and necessary for observing the saids Articles of Treaty made for establishing a firme and constant peace That Power and Commission be granted by his Majesty by advice of the Estates of Parliament of both Kingdoms to the effect contained in the said Articles of Treaty for performance wherof upon the part of His Majesties said Kingdom of Scotland His Majestie with consent of the Estates of the said Kingdome by thir presents Gives and grants power and Commission to the persons after-specified viz. John Lord Lowdoun Chancellour James Duke of Lennox James Marquesse of Hammiltoun Archbald Earle of Argyle William Earle of Mortoun Alexander Earle of Eglintoun William Earle of Glencairne Charles Earle of Dumfermling Robert Earl of Roxburgh William Earle of Lothian John Earle of Lauderdaill George Earle of Kynnowll William Earle of Lanerk Alexander Earle of Levin John Lord Lindesay John Lord Balmerino James Lord Almond Sir Patrik Hepburne of Wauchtoun Sir George Dundas of that ilk Sir Thomas Myretoun of Cambo Sir Patrik Hammiltoun Sir Thomas Hope of Kerse Sir Robert Innes of that ilk Sir Archbald Johnstoun Sir Alexander Erskene of Dun Sir David Home of Wedderburne Sir Robert Griersone of Lag Sir William Scot of Harden Sir Iohn Charters of Amisfeild _____ Ruthven of Frieland _____ Campbell of Cessnok Sir David Grahame of Morphie Sir Hary Montgomrie of Giffen Sir William Forbes of Craigievare Sir William Douglas of Cavers Edward Edgar Patrik Bell William Glendoning Iohn Smith Master Robert Barclay Thomas Durham Iames Fletcher Patrik Leslie Thomas Bruce George Bell Iames Sword Iohn Rutherford Master Iohn Corser Hugh Kennedye Iohn Semple Master Robert Cunyngham Master Alexander Douglas Richard Maxwell or any twelve of them With power to them or any twelve of them as said is there being at least two of every Estate at any time or times in the Interim betwixt the sitting of the Parliaments To conveene amongst themselves or with the Commissioners chosen or to be chosen to the same effect by His Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland at whatsoever places and times convenient to be accorded unto amongst themselves And to be carefull that the peace now happily concluded may be continued And to endeavour by all lawfull meanes for preserving and keeping of the saids Articles of peace concluded in the foresaid Treaty allanerly And therewith to use all their care to preveen all trouble and division which may arise by the breaking and violating of any of the saids Articles concluded in the said Treaty as said is And if any debate or difference shall happen to arise to the disturbance of the said common peace That they labour to remove or compose the famine according to their power granted to them in manner foresaid and no other wayes It being alwaies provided That for all their proceedings in this kinde they shall be answerable for the lawfulnesse thereof to the Kings Majesty and the Parliament respective and if any thing fall forth beyond their power and which cannot be remedied by them that they informe themselves of the particulars thereof and represent the same to his Majesty and to the ensuing Parliaments respective That by his Majesties wisedome and authority and theirs all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all posterity And it is declared that the power of this Commission shal be restrained to the Articles of peace concluded in the said Treaty as said is and shall endure for the interim betwixt Parliaments allanerly and shall expire at the next ensuing Parliament at the which the said Commissioners shall be holden to give an account of their diligence and proceeding in the premisses ACT XXXIII ACT ANENT THE FIVE INCENDIARIES And the Plotters And the Kings declaration there-anent 16 November 1641. THe Estates of Parliament considering that whereas albeit John Earle of Traquhair Sir Robert Spottiswood of Donipace knight Sir John Hay of Baro knight late Clerk register Doctor Walter Balcanquell and Mr. John Maxwell somtime pretended Bishop of Rosse are cited before them and accused as guilty of divers haynous and treasonable crimes perpetrated and committed by them against the Common wealth contained in their severall ditties which they have just reason to prosecute Neverthelesse the saids estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native kingdome and his fatherly care and wisedome in composing of all past differences and providing for the future to the great joy and happinesse of all his Subjects doe in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdom Declare that for acquitting themselves of their oath they will onely proceed to the exact triall of the saids parties by a committee to be appointed and authorized by the king and Parliament in respect of the present necessity of their other affaires And after tryall shall be taken of the saids
of the saids Estates makes nominates and constitutes John Earle of Loudoun High Chancellour of this Kingdome Archbald Earle of Argyle Lord Campbell and Lorne William Earle of Glencairne Lord Kilmars John Lord Lindesay of Struther and Sir James Carmichael of that ilk Knight Thesaurer Depute his Majesties Commissioners to the effect under-written And gives and grants to them or any three of them the full place and power of His Majesties high Thesaurer Comptroller Collector and Thesaurer of his Majesties new augmentations with all liberties priviledges immunities benefits and emoluments whatsoever pertaining to the said place of high Treasurer Comptroller Collector and Thesaurer of his Majesties new augmentations and that in as ample manner and quality as the famine was in the Persons of any of His Majesties high Thesaurers in any time of before With power to them or any three of them to uplift gather and intromet with all and sundry His Majesties rents revenewes customes imposts casualities commodities dueties and others whatsoever any wayes belonging to his Majesty within this Kingdome or to his Majesties dearest Sonne the Prince and that of all years and termes by-gone and yearely in time comming and with power to them or any three of them with advice of the remanent Commissioners of Exchequer contained in his Majesties Commission under the great Seale and according to the tenour thereof to compone passe and subscribe signators gifts confirmations escheats liferents remissions tutories gifts by forfeiture recognition wards marriages reliefe non-entresses legittimations presentations taks rentals licences dispensations and others dispositions writs and securities whatsoever pertaining to the saids Offices or any of them or to the power and priviledges thereof But prejudice alwayes to the said Sir James Carmichael Thesaurer Depute of his gifts of the office of Thesaurary Depute whole liberties power and priviledges therein contained which are holden as herein exprest but adding or paring to him in the point of receiving and without derogation in any sort to this present act and commission And it is declared that the yearly fees and other casualities due to his Majesties principall Thesaurer and especially the summe of foure thousand pounds scots money shall bee divided equally amongst the saids first foure of the said commissioners by the said Thesaurer Depute who hath right to his owne fee and casualities by vertue of his gifts granted to him thereupon And His Majesty with consent foresaid ordains the Lords of His Majesties Privie Councell Session or Exchequer to grant and direct letters at the instance of the saids Commissioners for answering and obeying them their chalmerlands under receivers and officers of all and sundry of His Majesties rents casualities customes imposts and duties belonging to the said office and that enduring the time of this present Commission which shall endure to the next Parliament ACT LXIX ACT ANENT RESTITUTION OF HORSE And Armes to the Owners out-putters thereof 17. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that diverse Souldiers aswell foot as horse who were imployed reiked out sent forth with the Armies and Regiments levied during the time of the late troubles Having at their going forth and outreiking received troup-horses arms ammunition horses and baggage horses from the heritors of lands and others who did reik and send them forth and that the saids Souldiers keepers up and withholders or have put away the saids horses and armes intrusted to them from the owners thereof Therefore Our said Soveraigne Lord and Estates of Parliament doe hereby grant full power and warrant to the Committee appointed from the Parliament for regulating and setling of the common burdens and debts of the Kingdome and to all other Judges ordinair aswell to Burgh as Land within this Kingdome within whose bounds any such persons dwell or can be found who have keeped or detained either horses or armes That the saids Judges do forthwith upon complaint of the partie owner of the saids horses and armes call the receivers and detainers or out-putters of them before them and to discern and ordain them to deliver the saids horses and armes to the saids owners or the prices of same their receit of them being lawfully proven And with power to the saids judges to do every thing as lawfull and necessair anent the premisses agreeable to Justice and the Lawes of the Country ACT LXX ACT SALVO JURE CUIUSLIBET 17. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that in the present Parliament there are many particular Acts and Acts of ratifications made in favours of particular persons which may be prejudiciall to parties having intrest and not heard albeit the meaning of the Estates be at this time as it was ever in all preceding Parliaments That by no particular Act or Act of ratification granted to any particular person any other parties should bee hurt or prejudged of their lawfull rights and defences competent to them of the Law For remeed whereof it is statute and ordained that no ratification nor other particular Act whatsoever made in favours of any particular person in this present Parliament be prejudiciall to any other parties rights or defences competent to them of the law But that the saids particular Acts and Acts of Ratification made in favours of particular persons be alwayes understood salvo jure cujusâ—ibet ACT LXXI ACT APPOINTING THE NEXT PARliament to conveen the first Tuesday of June 1644. 17. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that forsameikle as by the Act of Parliament made in the Session of this present Parliament holden at Edinburgh in June 1640. anent trienniall Parliaments It is statute and ordained that before the closure of every Parliament the day of the next subsequent Parliament shall be condescended upon And because this present Parliament is this day by the assistance of God Almighty and his Majesties great wisedome to be brought to an happy conclusion Therefore his Majestie and Estates foresaids appoint and ordaine the first Tuesday of the moneth of June in Anno 1644. yeares to be the day of meeting and conveening of the next trienniall Parliament But prejudice alwayes to his Majesty to appoint any diets of Parliament betwixt and that day as his Majesty shall think fitting And ordaines all the Members of Parliament to meet and conveene at Edinburgh the said first Tuesday of June 1644. and all other persons interessed without any other or farther warning and premonition to be made for that effect declaring hereby that the publication of this Act with the rest of the Acts of this present Session shall be al 's sufficient for meeting and conveening of the whole Members of Parliament as if all former solemnities were used whereanent his Majesty and Estates hereby dispenses FINIS A TABLE OF THE PRINTED ACTS DONE IN THE SESSION Of the second Parliament of our Soveraign Lord King CHARLES c. Holden at EDINBURGH upon the eleventh day of June 1640. And in what Leafe
if the same had past the Signet and that aye and while the said Signet bee returned againe to Edinburgh and the same intimate to the Lieges The said George Hadden alwayes keeping and retaining the warrands and making a minute and note thereof And making the same together with the prices payed therefore forth-comming to the Lord Secretarie or others in his name by his warrand And ordaines these presents to be intimate to all his Majesties Lieges by publike Proclamation at the market crosse of Edinburgh to be made hereupon And these presents for the full warrand of the whole premisses to be enacted and recorded in their books of Sederunt Which Act the saids Estates not onely ratifies in manner above specified but also ordaines the said Act to stand in full force and strength to the effect above-written therein specified conforme to the tenour thereof foresaid while the _____ day of _____ 1600. and _____ yeares And strictly inhibits and discharges all keepers of the Signet in any time hereafter for any cause or any pretended occasion whatsoever to transport or carry the Signet or any Seale forth of this Kingdome under the pain of death and confiscation of their moveable goods ACT XXXII ACT DISCHARGING ALL CUSTOME OF Ammunition brought home to the lieges to their owne use for defence of religion and liberties of Kirk and Kingdom THe Estates of Parliament presently conveened by his Majesties speciall authority considering the priviledge and exemption bruiked by the Nobility and Barrons of this Kingdome whereby they have beene exeemed from payment of all custome for goods imported to this Kingdome for their owne use And there-with-all Taking to their consideration that the said exemption ought more especially be enjoyed for the armes brought home at this time to the Nobility Barrons and Gentry of this Kingdome and all others his Majesties lieges whatsoever for their owne use for defence of Religion Liberties of this Kirke and Kingdome in thir times of troubles since the yeare of God 1637. Therefore statutes and ordaines that all sort of Ammunition whatsoever brought into this Kingdome since the year of God 1637. or to be brought in hereafter during the time of thir troubles shall be free of all customes and imposition whatsoever And inhibites and discharges all Customers or whatsoever receivers thereof of exacting any custome or imposition for any kinde of armes or ammunition already imported or to be imported during the time foresaid And of all arresting or detaining the saids armes and ammunition or any goods belonging to the Merchants importers thereof for any custome acclaimed for the same which the Estates finds no wayes due nor reasonable to be granted in the case foresaid ACT XXXIII ACT FOR THE COMMITTEES OF ESTATES THe three Estates of Parliament presently conveened having taken to their consideration the present estate of this Countrey and Kingdome being invironed and threatned with armes by sea and land and great hostile preparations hatcht and prepared against the same without any just ground or quarrell whereby as manifestly doth appeare there is nothing lesse intended against this Church and Kingdome nor an utter exterminion and totall destruction So that the saids Estates are necessitate and forced to put themselves in readinesse for a just and lawfull defence of the Religion Laws Lifes Liberties and Countrey and withall considering how necessar it is for the good of the publick weal of the Countrey and maintenance of the armies lifted and to be up-lifted and out-reiked both by sea and land and for ordering directing and governing of the whole body of this Countrey and Kingdome That a setled grave and solide Committee from the Estates be elected nominate constitute and authorized by this present Parliament which Committee from the Estates shall consist of a competent number of the most able qualified and trustie Noblemen Barons and Burgesses of this Kingdome Therefore the foresaids Estates of Parliament now conveened doe hereby nominate elect choose and appoint the persons after specified viz. John Earle of Rothes James Earle of Montros John Earle of Cassils John Earle of Wigtoun Charles Earle of Dumfermling William Earle of Lothian John Lord Lindesay John Lord Balmerino James Lord Couper Robert Lord Burghly Archbald Lord Napeir John Lord Lower Sir Alexander Gibson of Dury Sir John Hope of Craighall Sir John Scot of Scotstarvet Senators of the Colledge of Justice Sir Thomas Nicolsone of Carnok Sir Patrik Hepburne of Wauchton Sir David Hume of Wedderburne Sir George Stirling of Kier Sir Patrik Murray of Elibank Sir Patrik Hamiltoun of Littlepreston Sir William Cunningham of Caprintoun Sir William Douglas of Cavers James Chalmers of Gadgirth Sir Thomas Hope of Carse _____ Drummond of Riccartoun _____ Lesly of Forbes Master George Dundasse of Maner John Smyth Edward Edgar Thomas Paterson Richard Maxwell Merchants Burgesses of Edinburgh William Hamiltoun Burges of Lithgow Master Alexander Wedderburne Clerk of Dundie George Porterfield Baliffe of Glasgow Hew Kennidie Baliffe of Aire John Rutherfurd Provest of Jedburgh Master Alexander Jaffray Burges of Aberdeene or Master William Ore in his absence James Sword Burges of S. Androes and James Scot Burges of Montros to bee Commissioners from the Estate To whom the Estates and Body of this Present Parliament gives and commits full power warrant and commission to doe order direct act and put in execution every thing necessar expedient and incumbent alswell for the preservation and maintenance of the armies both of horse and foot by sea and land as for ordering the Countrey and whole body and inhabitants thereof deciding of questions and debates which shall happen to arise or fall out in any businesse which shall occasion or offer in this Kingdome concerning the peace and quiet thereof But prejudice of the Colledge of Justice or any other ordinarie judicatorie within this Kingdome lawfully established by Act of Parliament which shall no wayes be prejudged by this commission And with full power to them to borrow up-take and levy moneyes for the use the publick and to give and prescribe orders and directions for depursing thereof and for any other thing requisite which may concerne the good quiet and peace of the Countrey And with power to them to call and conveene such Noblemen Barons Burgesses and other countrey men to repaire to them for their counsell and assistance in any businesse which shall occurre as they shall finde necessar and expedient And with power to them to give orders and directions to collectors commissioners and all other persons who shall happen to be employed or have charge or place either in the army or in the Countrey in the publick busines in every thing which concernes their place and charge and to call them to an accompt al 's oft as they please and to appoint Auditours for hearing and receiving thereof whether of their owne number or any other they please to nominate and with power to them to allow and disallow as they shall find equitable and expedient for what
for the Kirk and the summe of five hundreth markes to be payed yearly to the said Master Archbald Johnstoun as present Clerk to the generall Assemblies of the Kirk for the Fee and Pension of that office and to his Successours chosen and appointed by the Assembly in that place for the discharge thereof and service thereintill And the summe of other five hundreth markes of Fee and Pension yearly to bee payed to Master Robert Dalgleish present Agent for the Kirk and to his Successours chosen and appointed by the Assembly in that charge And in respect that the Advocate Clerk and Agent for the Kirk must have their continuall residence at Edinburgh for attending the affairs of the Kirk and that the saids Fees and Pensions ought to bee payed out of the Bishops rents and that the saids officers should be payed thereof out of the nearest and most commodious rents belonging to the saids Bishopricks Therefore the saids Estates ordaines the saids fees and pensions to be payed to the saids present officers and to their successours respective in that charge out of the readiest of the few duties and out of the quotes of Testaments of the diocesse of S. Andrews Glasgow and Edibburgh according to the proportion and division to be determinate and set down by the Committee from this present Parliament appointed to remaine at Edinburgh and ordaines the foresaids fees to be payed conforme to that division by the heritors fewars fermorers and others adebted in payment of the few duties of the saids three Bishopricks and by the collectors and intrometters with the saids quotes of Testaments And also ordaines the Lords of Session to direct letters on this present Act and upon the determination and division of the said Committee at the instance of the Advocate Clerk and Agent for the Kirk present and to come for payment to them yearly of their saids fees and pensions above-specified And because that the present Procurator Clerk and Agent have been serving the Kirk in these places these two yeares by-gone without receiving their fees otherwayes due to them and that the rents of the saids two yeares are yet untaken up by the pretended Bishops of Edinburgh Glasgow and S. Andrews but are restand in the tenants and collectors hands Therefore they ordaine their entrie of payment to be to the crop and yeare of God 1638. yeares ACT XXXVIII ORDAINING THE WHOLE SUBJECTS And Lieges of this Kingdome to obey maintaine and defend the Conclusions Acts and Constitutions of this present session of Parliament and to subscribe the band appointed for that effect IN the Parliament holden at Edinburgh the eleventh day of June 1640. yeares the Estates of Parliament presently conveened by his Majesties speciall authority Considering that whereas after many petitions and supplications given in and presented to his Majestie and the Lords of his secret councell by divers of the Nobility Barons and Burgesses of this Kingdome for granting a free Generall Assembly and Parliament for reforming of many great abuses and novations tending to the overthrow of the true reformed Religion and undoing of this Kirk and Kingdome devised and brought in by the late pretended Bishops who by their subtle practises during his Majesties absence these many yeares had ingrost in their persons all the Ecclesiastick and civill Power of this his Majesties ancient and native Kingdome It was granted by his Majestie out of his Royall Justice and accorded by the Articles of Pacification made at his Majesties camp in the moneth of June 1639. yeares last by-past that a free generall Assembly and Parliament should be indicted by his Majestie and that all matters Ecclesiasticall should be determined by the Assemblies of the Kirk and matters civill by Parliaments and other inferiour Judicatories established by Law And that according thereunto his Majestie did indict an Assembly to be holden at Edinburgh the twelfth of August and a Parliament for ratifying the Conclusions of the same assembly and setting down such other things as might conduce to the peace and good of the Kingdome To be holden at Edinburgh the twenty sixth of August last by-past In the which assembly the matters concerning the puritie of the true reformed Religion and peace of this Kirk after great debate delayes and protracting of time made by John Earle of Traquaire his Majesties Commissioner being at length concluded upon the _____ day of August 1639. yeares the Parliament sitting down immediately thereafter upon the penult day of the said moneth of August the ratifications of the Conclusions of the same assembly and many other matters of great importance conducing necessarily to the setling of the peace of this Kingdome being proponed in Parliament were likewise shifted and delayed and the closing of the Parliament protracted from time to time unto the _____ day of November last by-past At the which time the said John Earle of Traquaire did take upon him without the consent of the Estates to prorogate the foresaid Parliament to the second day of June instant not only contrary to the Articles of Pacification but also to the prejudice of the Liberties of the Parliament for preservation whereof the saids Estates were forced to make a declaration in Parliament against the same And that albeit since the said _____ day of November unto this time the saids Estates have used all possible meanes to give his Majesty full satisfaction both by their peaceable carriage at home and by sending their Commissioners to acquaint his Majestie with all their just desires and the reasons thereof yet they have not onely received no answer but upon the contrary their proceeding in the said Parliament being untruly related by the said John Earle of Traquaire have been condemned as Rebellious without hearing And our Commissioners sent for clearing thereof all restrained in private houses for a long time and John Lord Lowdoun being one of them committed to the Tower where he is still detained prisoner The Castles of Edinburgh and Dumbartane have in the meane time beene fortified and provided with all sort of Ammunition in great abundance and Garisons of Souldiers not being natives of this Kingdome put therein the Garison in the Castle of Edinburgh dayly killing diverse of the inhabitants of this Citie and spoyling their houses with musquets and great Ordnance all ships belonging to this Kingdome arrested in England and Ireland and many of them coming from other places layed waite for and taken by the way their owners and passengers spoyled of their goods and apparell layed in the yrons and barbarously abused A Commission granted to the Generall of the English forces by sea and land to kill destroy and subdue this whole nation a printed Declaration put forth denouncing war against it perswading exhorting and provoking the other two Kingdomes to grant subsidies and take Armes against the inhabitants of this Kingdome as traitours and rebells And the Parliament of Ireland hath proceeded so farre as to declare them to bee such All which they have hitherto
Treasurer depute and Sir John Hamiltoun of Orbestoun to the place and office of Justice Clerk and that ad vitam vel culpam conforme to the Act of this present Parliament made anent the election of Officers of Estate Counsellours and Sessioners upon the sixteenth day of September last by-past Like as his Majesty with advice and approbation foresaid gives and dispones to the forenamed persons and ilk one of them ad vitam vel culpam as said is the foresaids Offices respective above mentioned whereunto they are nominate and elected in manner foresaid Together with all honours dignities profits benefits liberties and priviledges which have beene possest and bruiked by any preceding Officers of Estate of the foresaids offices above written and which may be now bruiked by the Lawes of this Kingdome And ordaines a gift to be past and exped under his Highnesse great Seale to ilk one of the persons above named of the foresaid offices respective above written whereunto they are nominate and elected in manner before rehearsed ACT XXI ACT ANENT THE NOMINATION AND Election of Sir Alexander Gibson to be Clerk Register 13. November 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament nominated and elected Mr. Alexander Gibson younger of Durie to the place and office of Clerk of Register of this his Highnesse ancient and native Kingdome of Scotland and that ad vitam vel culpam conform to the Act of this present Parliament made anent the election of Officers of Estate Counsellers and Sessioners upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid gives and dispones to the said Mr. Alexander Gibson younger of Durie ad vitam vel culpam as said is the foresaid office of Clerk of Register with all honours dignities priviledges profits casualities and liberties pertaining to the said office conforme to the foresaid Act and to the gift to be granted to him of the samine office under his Highnesse great Seal to be bruiked and possest by him as the samine hath been possest and bruiked by any preceding Clerk of Register and which may be now bruiked by the Laws of this Kingdome And ordains a gift to be past and exped under his Highnesse great Seal to the said Mr. Alexander Gibson of the foresaid office of Clerk of Register with all honours dignities profits casualities liberties and priviledges belonging thereto ACT XXII ACT ANENT THE NOMINATION AND Election of the Councellors 13. Novem. 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament conveened in playne Parliament nominated and elected the Persons under-written viz. Lord Lowdoun Chancellour Duke of Lennox Marques of Hammiltoun Earle of Argyle Earle Marshall Earle of Sutherland Earle of Mar Earle of Mortoun Earle of Eglintoun Earle of Cassils Earle of Glencairne Earle of Murray Earle of Perth Earle of Dumfermling Earle of Wigtoun Earle of Kinghorne Earle of Roxburgh Earle of Seaforth Earle of Lauderdale Earle of Lothian Earle of Kynnowll Earle of Southesk Earle of Weymes Earle of Dalhoussie Earle of Findlater Earle of Lanerk Earle of Levin Lord Angus Lord Lindesay Lord Yester Lord Sinclare Lord Elphingstoun Lord Balmerino Lord Burghlie Lord Amont Lord Balcarras the Clerk of Register Advocate Justice Clerk Thesaurer depute Master of requests Sir Robert Gordoun Sir William Douglas of Cavers Sir Patrik Hepburne of Wauchetoun Laird of Dundas Laird of Fintrie Laird of Cambo Laird of Dun Laird of Innes Laird of Morphie and the Provest of Edinburgh for the time being To be of the Councell ad vitam aut culpam conform to the Act made in this present Parliament upon the 16. day of September last by-past anent the nomination and election of the Officers of Estate Counsellors and Sessioners and conform to the Commission to be granted by the Kings Majestie with the advice and approbation of the Estates of Parliament to the saids Lords and others of his Majesties secret Councell above named for government of this Kingdome in all affairs concerning the peace good and happinesse thereof which by the Lawes and Custome of this Kingdome pertaine to his Majesties secret Councell Like as his Majestie with advice and approbation foresaid likewise nominated and elected the Earle of Arrundel the Earle of Pembroke the Earle of Salisbury and the Earle of Holland to be supernumerarie Counsellors of his Majesties Privie Councell of this Kingdome and to be contained in the foresaid commission to be granted to the Councell as supernumerarie there-intill And his Majestie with advice and approbation foresaid gives and grantes to the saids Counsellors above named and every one of them all honours dignities liberties immunities and priviledges whatsoever belonging to the Lords and others of his Highnesse Privie Councell of this his ancient and native Kingdome To be bruiked and possest by them siclike and with all respects as the samine have beene bruiked by any preceding Counsellers of his Majesties Privie Councell foresaid and which may be now bruiked and enjoyed by them by the Laws of this Kingdome conforme to the foresaid Act of the sixteenth day of September last by-past and to the commission to be granted to the saids Lords and others of his Majesties Privie Councell as said is ACT XXIII ACT ANENT THE NOMINATION AND Election of the Lords of Session ordinary and extraordinary 13 November 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament conveened in plaine Parliament nominated and elected Sir George Erskene of Innerteil Sir Alexander Gibson of Durie Sir Andro Fletcher of Innerpeffer Sir John Hamiltoun of Orbestoun Justice Clerk Sir James Carmichaell of that ilk The saurer depute Sir James Leirmonth of Balcomie Sir James Macgill of Crastoun Riddell Sir George Halyburtoun of Fodderance Sir John Hope of Craighall Sir John Scot of Scottistatbet Sir Alexander Falconer younger of Hackertoun Sir John Leslie of Newtoun and Sir Thomas Hope of Kerse Knights Mr. Archibald Johnstoun of Warristoun and Mr. Adam Hepburne of Humbie To be the fifteen ordinair Lords of Session and Senators of the Colledge of Justice and that ad vitam vel culpam and Judges for administration of Justice to the lieges conform to the foundation and erection of that Soveraigne Judicatorie of the Colledge of Justice Like as his Majestie with advice and approbation of the saids Estates of Parliament gave and disponed and hereby gives and dispones to the saids fifteen ordinair Lords of Session above named and to ilk one of them ad vitam vel culpam as said is the fifteen ordinarie places of the said ordinair Lords and Senators of the Colledge of Justice with all fees honours dignities profits casualities immunities liberties and priviledges whatsoever pertaining and belonging to the ordinair Lords and Senators of the Colledge of Justice and their places thereof to be bruiked and possest by the persons above named now nominate and lected thereto as said
uprightly faithfully diligently and carefully in the discharge of the said Commission answerable to the trust imposed upon them And therefore his Majesty with advice and consent of the saids Estates hath approven and by thir presents approves their proceedings and carriage therein And declares them and every one of them to have done good service to his Majesty and this Kingdome and that they have behaved themselves as good Christians loyall Subjects and well deserving Patriots ACT XXVI ACT FOR RELIEFE OF THOSE WHO Have given band for the use of the publike 15. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that the members of the late Committees from the saids Estates of Parliament to whom the furnishing of the Armes and all other necessary expences concerning the publike was intrusted conforme to the power and commission given to them as likewise others who were not of the Committee and also the generall Commissar or his deputes Having borrowed and undertaken great summes of money for the necessair use and behoof of the publike for the which summes and debts contracted by the saids Committees They have given security to the parties partly by publike acts in name of the Estates And where many persons were difficile and scrupulous to advance and lend moneys and other necessairs upon the publike security These of the saids Committees and others foresaids have given their owne particular bands and have moved divers others persons to give band and security to the lenders of the saids summes bearing borrowed money without any relation to the publike Likeas divers Noblemen Barons and Burrowes and others before the establishing of the saids Committees of Estates did willingly for advancement of the publike service give their particular bands for great summes of money for the publike use and which were given in to the Commissars and Collectors and counted for by them in their accounts whereby the forenamed persons who have granted such bands may be distressed for payment of the saids summes at the instance of the persons to whom they are bound So as for their furtherance and affection to the advancement of the publike service their Estates and Credit may both be indangered unlesse remeed be provided And his Majesty Estates foresaid being careful that neither the members of the saids Committees nor any others persons may suffer prejudice in their estates or credit by or through any bands granted by them to any persons for lent money silver plate or any other necessary commodity furnished and advanced for the publike use But that they and every one of them their heires and executors be freed and relieved by the saids Estates of the famine and of all dammage perill and danger which they may incurre and sustaine there through It being made appear that the summes of money or other commodities for the which they have given band as said is are counted for or applyed for the use of the publike and approven by publike act order and warrand Therefore Our said Soveraign Lord and Estates of Parliament by vertue of this present Act do hereby bind and oblige the Estates of this Kingdom to warrand and relieve the saids members of the said Committees of Estate and all others persons whatsoever who have given band and security for any summes of money or other commodities for the use of the publike and whereof count and reckoning is or shall be made and approven whereby it may appear that the famine are imployed for the use of the publike by publike warrand as said is And for their better relief of the same The saids Estates of Parliament binds and obliges them and the whole body of this Kingdom to make paiment to the persons creditors to whom the said bands and securities are given of the same summes and others commodities or prices thereof and that at the termes of payment appointed by the saids bands with the interest thereof conforme thereto in all points And to purchase and deliver to ilk person so bound as said is their saids bands given by them or sufficient discharges of the famine with all convenient diligence and in the mean time to keep them harmlesse and skaithlesse of the famine bands and of all execution perill and danger which may follow thereupon So being that the summes and goods contained in the saids bands have been applyed to the publike use by publike order and warrant as said is and are or shall be counted for approven in the accounts of the common burdens of this Kingdom Which bands so contracted and undertaken are hereby declared to be publike debts upon the Estates and shall affect and burden them notwithstanding that the famine be given by particular persons without relation to the publike in manner foresaid ACT XXVII COMMISSION FOR RECEIVING OF THE Brotherly assistance from the Parliament of England 15. November 1641. OUR Soveraigne Lord and the Estates of this present Parliament Considering that of the brotherly assistance promised and obliged to be payed by the Parliament and Kingdome of England to this Kingdome of Scotland for relief and defrayment of the common burdens and losses of the famine There is yet resting the summe of two hundreth and twentie thousand pounds sterling money conforme to the articles of the late treatie and an act of publick faith granted by the Parliament of England for payment thereof at the termes therein contained Therefore our saids Soveraigne Lord and Estates of Parliament Doe hereby grant full power warrand and commission and appoints nominants and authorizes the persons particularly after nominated viz. John Earle of Lowdoun Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdail William Earle of Lothian John Earle of Lindesay David Earle of Southesk James Earle of Findlater John Lord Sinclair John Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Home of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir John Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsay of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Griersone of Lag Mr. George Douglas of Bonjedburgh William Rig of Ethernie Alexander Gordoun of Earlstoun John Binnie Burgesse of Edinburgh Thomas Durham Burgesse of Pearth Patrik Leslie Burgesse of Aberdene George Bell Burgesse of Linlithgow Patrik Bell Burgesse of Glasgow James Sword Burgesse of Saint Andrewes John Kennedye Burgesse of Air John Semple Burgesse of Dumbartane William Glendoning Burgesse of Kirkcudbright James Scot Burgesse of Montrose Mr. Robert Barclay Burgesse of Irving James Anderson Burgesse of Couper George Gardine Burgesse of Bruntiland and Mr. Alexander Dowglas Burgesse of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senators of the Colledge of Justice whom his Majesty and Estates of Parliament addes to the foresaid
number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect after specified Granting and committing like as his Majesty and Estates foresaids doe by vertue of thir presents grant full power warrand and commission to the forenamed persons or to any twelve of them who shall be a quorum there being alwayes three of them of ilk estate either by themselves or by such others persons as shall be intrusted and authorised by them or their Quorum foresaid for that effect to crave receive uplift and intromet with the foresaid summe of two hundreth and twentie thousand pounds sterling money foresaid yet resting unpayed of the said brotherly assistance promised and obliged to be payed by the said Parliament of England in manner foresaid And with power to the saids Commissioners or such as shall be appointed by them as said is to give and grant discharges upon the receit of the said summe in whole or in part which shall be al 's vallid and sufficient as if the famine were granted by his Majestie and whole body of this present Parliament And with power to them to setle accord and agree upon the best wayes and courses how the said brotherly assistance may be most timously conveniently payed at the termes of payment appointed for that effect or otherwise how the famine may be advanced either by exchange or otherwise for defrayment and reliefe of the saids common burdens as may be most conducible for the reliefe and good of the publick And whatever acquittances or discharges the forenamed persons or such other persons as shall be authorized by them shall grant subscribe upon the receit of the said summe or any part thereof or whatever other course they shall accord and agree upon concerning the famine his Majesty and the Estates of Parliament doe by these presents approve and authorise the same and if need bee shall ratifie the famine in the next ensuing Parliament And generally our said Soveraigne Lord and Estates foresaids grants and commits full power and commission to the forenamed persons and their Quorum foresaid and to these who shall be authorised by them as said is to doe exerce accord and agree upon all and every thing necessary anent the payment and recoverie of the foresaids summes and every thing else which may concerne the samine in all respects needfull and expedient Whereanent our said Soveraigne Lord and Estates of Parliament declares that thir presents shall be a good and sufficient warrand for them and all others whom the samine may concerne the forenamed Commissioners and these to be authorised and appointed by them for the effect above specified being alwayes comptable and answerable for their carriage and proceedings in the premisses ACT XXVIII ACT AGAINST GOING OF Salt-pans and Mils on the Lords day and other prophanations of that day 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering notwithstanding the Acts of the Generall Assembly ratified in this present Parliament June 1640. against the prophaning of the Lords day by going of Salt-pans Salmond fishings Kils Mils and hyring of shearers on the said day yet the saids abuses are not left off but rather increased Therefore Our Soveraign Lord and Estates foresaids for the better restraint of the saids abuses and prophanations do againe inhibite and discharge all going of Salt-pans or Mils and all working of works thereintill upon the Lords day and all hyring and conditioning of shearers on the said day and that under the paines and penalties following to be payed to the particular Sessions of every paroch wherein the abuses before specified are committed to be imployed to pious uses viz. The summe of twenty pounds for ilk day foresaid working in manner foresaid of ilk Salt pan of ilk dayes fishing of Salmond and of ilk Mill to be payed by the heritors and possessors thereof for the time and the masters to be answerable for their servants And the summe of ten pounds for ilk shearer and fisher of Salmond on the Lords day the one halfe to be payed by the hyrers and conducers the other halfe by the persons hired toties quoties And ordaines the magistrates of the town to keep the transgressours in ward while they pay the said penalties for the which the Magistrates shall be answerable to their sessions And further Our said Soveraign Lord and Estates do hereby inhibite and discharge all Markets using of Merchandize carrying of loads upon the Lords day and all other prophanations or abuses thereof whatsoever And that under the same pain of ten pounds to be payed by every transgressour to their Sessions respective for the uses foresaid toties quoties And ordaines the saids penalties respective above specified to be exacted by and attour the confiscation of the salt corne marchandize loads and other goods whatsoever imployed used gayned or made and wrought in the prophaning and a busing of the said Lords day which paine is also hereby ordained And if the transgressours be not able to pay the penalties foresaids ordaines them to be punished exemplarly in their bodies according to the merit of their fault toties quoties ACT XXIX ACT ANENT THE NOMINATION AND Election of Sir James Galloway to be Master of Requests 15. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament nominated and elected Sir James Galloway to be Master of Requests of this His Highnes Ancient and Native Kingdome of Scotland and that ad vitam vel culpam conforme to the Act of this present Parliament made anent the Election of Officers of Estate Councellours and Sessioners upon the sixteenth day of September last by past Like as His Majestie with advice and approbation foresaid Gives and dispones to the said Sir James Galloway ad vitam vel culpam as said is the foresaid office To be Master of Requests of this His Majesties Kingdome With all Honours Dignities Priviledges Profits Casualities and Liberties pertaining to the samine office which have been possest and bruiked by any preceding Master of Requests and which may be now bruiked by the Lawes of this Kingdome And ordains a gift to be past and exped under his Highnes great seale to the said Sir James Galloway of the foresaid office With all Honours Dignities Profits Casualities Liberties and Priviledges pertaining and belonging thereto as said is ACT XXX ACT ANENT THE COMMISSION FOR Plantation of Kirks and Valuation of teinds 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering the humble Supplication of the general Assembly presented by the Commissioners thereof for planting of Kirks uniting or dis-uniting of Paroches and for other pious and good workes mentioned thereintill For the which and other causes after specified It is necessair That power commission be given from His Majesty and Estates to the effect under-written And therefore His Majesty and Estates foresaid have granted and by these presents grant full
power commission to the persons after following viz. Iohn Lord Lowdoun Chancellour Archbald Earle of Argyle Alexander Earle of Eglintoun Iohn Earl of Cassils William Earle of Glencairn Iohn Earle of Lauderdail William Earle of Lothian David Earle of Southesk Iames Earle of Findlater Iohn Lord Lindesay Iohn Lord Sinclair John Lord Balmerino Robert Lord Burghly George Lord Forrester Sir George Dundas of that ilk Sir Iohn Wauchope of Nidrie Sir David Home of Wedderburn Sir William Forbes of Craigievare Sir Gilbert Ramsay of Balymayn Sir William Cunyngham of Caprintoun William Rig of Ethernie Sir Duncan Campbel of Auchinbrek Sir Alexander Erskene of Dun Sir Charles Erskene of Bandeth Sir Robert Innes of that ilk Alexander Gordoun of Earlstoun Sir Robert Griersone of Lag Master George Douglas of Bonjedburgh Iohn Binnie for Edinburgh Thomas Durham for Pearth Patrik Leslie for Aberdene George Bell for Linlithgow James Sword for Saint Andrews Patrik Bell for Glasgow John Kennedy for Air John Semple for Dumbartan William Glandoning for Kirkcudbright Iames Scot for Montrose Master Robert Barclay for Irving Iames Anderson for Couper George Gardine for Bruntiland Master Alexander Douglas for Bamff Robert Earle of Roxburgh Lord Privie-Seal Sir Alexander Gibson younger of Durie clerk Register Sir Thomas Hope of Craighall Advocate Sir James Carmichael Thesaurer Depute Sir John Hamiltoun Justice clerk Sir Andrew Fletcher of Innerpeffer Sir Thomas Hope of Kers and Sir Adam Hepburn of Humbie three of the Senatours of the Colledge of Justice To meet and conveene at Halyrude-house or Edinburgh or such other places as shall be appointed by them at such times and dyets as they shall appoint And to value and cause value whatsoever teinds great or small Personage or Viccarage of whatsoever Lands and others within this Kingdome liable to the payment of teinds of whatsoever nature and quality the famine be of which are yet unvalued Providing the Ministers serving the cure who doe lead tithes be secured of good and thankfull payment of so much victuall or money answerable to the worth of the saids tithes as the tithes shall be valued to And al 's to receive the reports from the Sub-commissioners appointed within ilk Presbyterie of the valuations of whatsoever teinds of lands and others lyable to teind as said is led and deduced before them according to the tenor of the Sub-commissions direct to that effect And to allow or disallow the famine according as the same shall bee found agreeable or disagreeable from the tenor of their Sub-commissions And for the better expeding and advancing of the saids valuations with power to appoynt Committees or Sub-committees of their owne number to receive the reports of the saids valuations made or to bee made and to receive admit and examine witnesses And to take parties oath with their depositions where the same is referred to oath and to give such farther power to the saids Committees or Sub-committees of their owne number as they shall think fit for the good of the work and speedy finishing of the same And siclike with power to them if need bee to appoynt Sub-commissioners who are not of their owne number within any Parochine or Presbyterie of the Countrey for leading and deducing of the saids valuations and to receive the reports thereof allow or disallow of the samine And generally with power to them to set downe whatsoever other order or course which shall be thought fit and expedient for dispatch of the faids valuations rectifiying thereof and for finall closing of the same And siclike with power to the saids Commissioners or any fifteene of them there being foure thereof for every Estate after closing and allowance of the valuations of ilke Kirke and Parish or at least the exact diligence of the Ministers done to that effect to appoynt modifie and set downe a constant and locall stipend and maintenance to ilke Minister his present stipend being allowed in the first end thereof to bee payed out of the teinds thereof And to grant augmentations to ilke Ministers of other Kirks nor Bishops Kirkes who got not the benefit of the former Commission and have not the full quantity of eight chalders victuall or eight hundred markes according to the tenor of the Acts of Parliament made in anno 1633. wherein that is found to bee the lowest proportion for the maintenance of the Ministers except such particular Kirkes occurre wherein there shall bee just reasonable and expedient causes to goe beneath the said quantity which is hereby also referred to the conscionable consideration of the Commissioners before exprest And to grant augmentations to Ministers of Kirkes which were provided by the former Commission but to a lesse quantity nor eight chalders victuall or eight hundred markes in the cases after following allanerly viz. where the teinds in whole or in part are fewed with the lands cum decimis inclusis whereby the Ministers were debarred of the full quantity foresaid or where the valuations already led the time of the provision of these Kirkes shall happen to bee reduced as unjustly valued or where it can be proved by writ or oath of party that the lesse quantity foresaid proceeded from pactions betwixt the Titular and the Ministers or Titular and Parochiners in prejudice of the Ministers Successors or where the honest Incumbents for the time were impeded by the Prelates for their never practising conformity to obtaine the full quantity in the former Commission albeit there was sufficiency of teinds within the Paroch In the which cases or any of them it is hereby declared that the Ministers provided by the former Commission shall bee supplied to the full quantity foresaid Like as hereby it is declared that all Bishops Kirkes whether or not provided at all or provided by the former Commission but beneath the quantity foresaid shall bee supplied to the full quantity of eight chalders victuall or eight hundred marks out of the tithes of their owne Parish and where the same cannot bee had then out of the teinds of the other Kirkes of that Bishoprick And that all Kirks that had greater quantity of stipend before the restitution of Bishops nor they now have except they have beene diminished by just valuations shall bee supplied and brought to the same quantity whereof they were in possession before the said restitution to bee payed out of their owne Paroch and where it is in-lacking to bee payed out of the tithes of the Bishops Kirkes For the which effect the Kings Majesty and Estates of Parliament grants power to the Commissioners foresaid or any Quorum of them and al 's gives power to the saids Commissioners to dis-joyne too large and spacious Kirks and plant them severally and to cause build and erect new Kirks and appoynt competent provisions for the Ministers to change Kirks incommodiously situate to a more commodious part of the Paroche to dis-joyne and dismember such parts and portions of parochins lying contigue and whereof ane part is farre
persons and of the crimes whereof they are accused the Parliament declares that they will not proceed to a finall sentence nor insist upon the punishment of those persons but that they doe for the reasons foresaids freely remit them to his Majesty The Estates of Parliament considering that whereas albeit James Earle of Montrose Archbald Lord Naper Sir George Stirling of keir knight Sir Archbald Stewart of Black hall _____ are cited before them and accused as guilty of diverse crimes misdemeanours committed by them to the just offence of the Estates of Parliament and derogatorie to the great trust confidence had of them And albeit the Parliament have just reason to prosecute their processes yet neverthelesse the saids Estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native Kingdom and fatherly care and wisedome in composing all past differences and providing for the future to the great joy and happines of all his subjects Do in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdome Declare that for acquitting themselves of their oath they will onely proceed to the exact tryall of the saids parties by a committee to be appointed and authorized by the King and Parliament in respect of the present necessity of their other affaires and after triall shall be taken of the saids persons and of the crimes whereof they are accused The Parliament declares that they will not proceed to a finall sentence nor insist upon the punishment of the saids persons but that they doe for the reasons foresaids freely remit them to his Majesty At Edinburgh the sixteenth day of November the yeare of God 1641 yeares the Parliament having expressed their respect and thankfulnesse to his Majesty by remitting unto him these that are cited as Incendiaries and others according to their above written declaration he was graciously pleased the better to testifie his Princely care and to prevent any feares that may be conceived from the medling of those persons in the affaires of State or Court to make this Declaration following I Taking in good part the respect and thankfulnesse of this Parliament in remitting to me these who are cited as Incendiaries and others according to their Declarations Doe declare that I will not imploy any of these persons in offices or places of Court or State without consent of Parliament nor grant them accesse to my person whereby they may interrupt or disturb the firme peace which is now so happily concluded ACT XXXIV ACT AND COMMISSION FOR TRYING The Incendiaries and Plotters 16. November 1641. OUR Soveraigne Lord and Estates of Parliament having taken to consideration That in the Session of Parliament conveened by his Majesties authoritie upon the eleventh day of June 1640. yeares full power and warrant was given and granted to the Preses and Quorum of the Committee of Estates therein appointed for directing in the Kings Majesties name and in name of the Estates of Parliament summonds and precepts to the Lyon King at Armes and his brethren Heraulds Pursevants and Maissars to warn and charge the persons under written viz. John Earl of Traquaire Sir Robert Spottiswood of Donipace knight Sir John Hay of Lands late Clerk Register Doctor Walter Balcanquell and Master John Maxwell sometime pretended Bishop of Rosse to compeir personally before the Parliament at certaine dayes and diets by-gone And that conforme to the said warrant of Parliament summonds were raised and intended at the instance of Sir Thomas Hope of Craighall Knight baronet his Majesties Advocate and at the instance of Sir Thomas Nicolson of Carnock Knight Baronet Masters Roger Mowat Alexander Peirson James Baird and Thomas Nicolson Procutors of the Estate to compeire before the Kings Majesty and Estates of Parliament at certaine dayes and diets now by-gone to answer for the crimes of Treason and other crimes contained in the said summonds and precepts of the date the _____ day of _____ yeares And al 's our Soveraigne Lord and Estates of Parliament considering that summonds and actions are depending before our said Soveraigne Lord and the Estates of this present Parliament against Iames Earle of Montrose Archbald Lord Naper Sir George Stirling of Keir Knight Sir Archbald Stuart of Blakhall _____ as having been plotters devisers and machinators of courses against the publick weale and as having been the committers of other severall crimes and forefaults particularly specified and contained in the said summonds raised and depending against the saids Earle of Montrose Lord Naper Lairds of Keir and Blakhall _____ Before the Kings Majestie and Estates of this present Parliament of the date the _____ day of _____ 1641. years as the famine at more length beares Therefore our Soveraigne Lord and the Estates of this present Parliament for the further examination and tryall of the persons above specified their guiltinesse of the points and crimes above written contained in the summonds particularly and respectively above mentioned Gives and grants by thir presents full power authority and commission to the persons after mentioned viz. Iohn Lord Lowdoun Chancellour John Earle of Lauderdaill _____ Earle of Weymes Robert Lord Burghly James Lord Couper George Lord Forrester Sir Iohn Hammiltoun of Preston Sir William Cokburne Lord Langtoun Harie Montgomrie of Gifin Sir George Dundas of that ilk Sir Iohn Wauchope of Nidrie William Rig of Ethernie George Bell for the towne of Linlithgow Thomas Bruce for Stirling Mr. George Gray for Hadingtoun George Gardine for Bruntiland and Robert Cunnyngham for Kinghorne James Sword for Saint Andrewes and Sir Alexander Gibson of Durie and Sir Adam Hepburne of Humbie two of the ordinary Senators of the Colledge of justice or to any Quorum of the said number of the saids persons being present for the time which Quorum shall consist of nine two being for ilk estate by the saids two Judges above named to proceed in all further examination of the points of the saids crimes consisting in facto And that by examination of witnesses and by writ or other probation competent of the Law against so many of the saids persons as are not compeiring without all farther citation in respect of their absence and contumacie And al 's to call and conveene before them the foresaids persons above rehearsed in the said summonds particularly and respectively above written so many of them as are incarcerate before them at such dayes and diets as they most conveniently shall appoint at Edinburgh the fourth day of January next to come which is appointed to be the first diet of their meeting And ordaines these who are incarcerate to be cited personally and these who are out of the Countrey at the Mercat Crosse of
100 22 Act anent the nomination and election of the Counsellours 101 23 Act anent the nomination and election of the ordinair and extraordinair Lords of the Session 102 15. November 1641. 24 Act anent the Commission for the common burthens of the Kingdom 103 25 Act of approbation in favours of the Committee of Estates 110 26 Act for reliefe of these who have given band for the use of the publicke 112 27 Act for receiving of the remainder of the brotherly assistance from the Parliament of England 113 28 Act discharging the ganging of Salt-pans Mills fishings Kills and other prophanations on the Lords day 115 29. Act anent the nomination and election of Sir James Galloway to bee Master of Requests 116 30 Commission for plantation of Kirks 117 16. November 1641. 31 Commission anent the Articles of the Treatie referred to consideration by the Treatie 123 32 Commission for conserving the articles of the Treatie 124 33 Act anent the five Incendiaries and Plotters with the Kings declaration thereanent 126 34 Commission for trying the Incendiaries and Plotters 127 35 Act for passing from these who are cited to the Parliament as unfriends 130 36 Act anent selling yarne by weight ib. 37 Act anent linnen cloath and breadth thereof 131 38 Act discharging the importation of strong-waters ib. 39 Act anent the excise of herring 132 40 Act anent loyall packing of Salmond 133 41 Act dispensing with the Kings rents uplifted by warrant of the Committee for the publicke use 134 16. November 1641. 42 Act discharging advocations for summes within a hundred pound 135 43 Act for directing of cocquets within the regality of Saint Andrewes in the Kings name ib. 44 Act discharging transportation of eggs 136 45 Act against destroyers of Planting Parks and others ibid. 46 Act ordaining the pursuer of the thiefe to be restored to his owne goods 137 47 Act anent coale-hewens 138 48 Act discharging the mixing of tinne with lead ibid. 49 Act anent presenting and docquetting of signators letters and others 139 50 Act anent the election of the President of Parliament 140 51 Act anent superioritie of lands which held of Bishops and their Chapters ibid. 52 Commission for revising of the Registers 142 53 Act anent Cocquets and entries of Ships 143 54 Act discharging the registration of Comprisings and appointing onely recording and allowing thereof and modifying 40. shillings for both ib. 55 Act discharging the Lords of the Session to exact twelve pennies for the pound and all other exactions imposed upon sentences to be pronounced by them 144 56 Act anent the pardon of penall Statutes 145 57 Act in favours of Orphans fatherlesse children and others ibid. 58 Act in favours of the vassals of ward lands holding of the King and Prince 146 59 Act anent the breadth of plaiding 147 60 Act in favours of the Laicke Patrons of Provostries Prebendaries Chaplainries and Altarages ibid. 61 Act discharging the quotes of Testaments 149 62 Commission for regulating the Commissariats ibid. 63 Act discharging Monopolies 150 64 Commission for the Manufactories ibid. 65 Commission for the Secret Councell 152 17. November 1641. 66 Act discharging the Custome of two and an halfe on the hundred and the impost of foure pound on the Tun. 155 67 Act in favours of Minors anent the duties of the lands comprised from them 156 68 Commission for the Thesaurarie 157 69 Act anent the restitution of the horse and armes to the owners out-putters thereof 158 70 Act Salvo jure cujuslibet 159 71 Act appointing the next Parliament to conveene the first Tuesday of Iune 1644. ibid. THE TABLE OF THE VNPRINTED ACTS AND RATIFICATIONS PAST IN This Parliament which began the last day of August 1639. and did conclude the 17. of November 1641. 1 DEclaration by the Estates of Parliament premitted by them to thir acts and proceedings made in that session of Parliament holden 11. of June 1640. 2 Act in favours of the Lady Loudoun and her children 11. of June 1640. 3 Act and declaration anent the closure of that Session of Parliament 11. of June 1640. 4 Ratification of Generall Lesleys Commission to be Generall 5 Act approving his proceedings as Generall in anno 1639. 6 Ratification of Colonell Hammiltouns commission to be Generall of the Artilerie 7 Ratification of Generall Major Baily his commission 8 Ratification of Generall Major Munros gift 9 Ratification of the Generall Commissars gift 10 Act against the Keepers of the Castle of Dumbartan 11 Act against the Keepers of the Castle of Thrave 12 Decreet of forfeiture against Generall Ruthven and others therein contained 13 Reference in favours of Robert Scot of Dryhoip to the Committee of Estates 14 Reference Laird of Kinhilt to the Committee of Estates 15 Reference for James Arnot to the Committee of Estates 16 Reference for Master William Cunnyngham to the Committee of Estates 17 Protestation by William Dick Provest of Edinburgh anent the custome of ammunition 18 Reference in favours of Sir John Hammiltoun of Reidhouse to the Committee of Estates 19 Instrument and protestation for the Queenes-ferrie 20 Declaration of the Estates anent the Earl of Glencairne his sitting and voycing in this session of Parliament 21 Articles for ordering the house of Parliament 22 Act to the Kings Advocate and Procutors for the Estate for raising summonds against the Earle of Montrose Lord Naper Lairds of Keir and Blakhall 23 Commission for concluding and subscribing the treatie at London 24 Supplications Constable of Scotland and Towne of Edinburgh with the Parliaments deliverance thereupon 25 Declaration of the Assembly anent a Band subscribed by some Noblemen which is now cancelled 26 Warrant for the Kings Advocate his in-coming to the Parliament house 27 Ratification of the act of Exchequer for reliefe of these who are bound for the 100000. marks therein contained 28 Act in favours of the Laird of Lochend for entring of him to his Lands gratis 29 Act in favours of Sir William Dik against Laird Aickin 30 Protestation by the Kings Advocate anent his place liberties and priviledges 31 Declaration by the Paraliament anent the Kings Manifest concerning the Prince Elector Palatine 32 Act and warrant for publishing and printing of the Acts made in June 1640. 33 Act and warrant for causing print his Majesties Manifest anent the Prince Elector with the Parliaments approbation and remonstrance thereupon to the King with the Kings answer 34 Act in favours of the Prince Elector for restraint of Levies and recrues of Souldiers 35 Ratification of the profession of Theologie in the Universitie of Glasgow 36 Commission for the accompts of the three Regiments viz. Lord Sinclaire Munro and Cochrane 37 Act of approbation and exoneration in favours of the Lord Loudun 38 Act of exoneration and approbation Earle of Rothes 39 Act of approbation and exoneration Earle of Dumfermling 40 Act of exoneration Master Robert Barclay 41 Act of exoneration Adam Blair 42 Act of approbation and exoneration Sir John Smith 43 Act of
approbation and exoneration Sir Archbald Johnstoun 44 Act of approbation and exoneration Laird of Wauchtoun 45 Act of approbation and exoneration Sheriffe of Teviotdail 46 Act of approbation and exoneration Laird of Riccardtoun Drummond 47 Act of approbation and exoneration Master Alexander Wedderburne 48 Act of approbation and exoneration Hugh Kennedye 49 Commission for tryall of Helene Moyses anent the murder of her Bainn 50 Act of approbation and exoneration Master Alexander Hendersone 51 Act anent Master Alexander Pitcairne and the Laird of Ogill Ramsay 52 Declaration by the Lord Ker concerning the Marquesse of Hammiltoun 53 Act and declaration by the King and Parliament in favours of the Marquesse of Hamiltoun 54 Exoneration to the Marques of Hammiltoun anent his keeping and delivering of the great Seal 55 Act of exoneration and approbation in favours of the Lord Amont 56 Commission for hearing the Generall Commissars accompts 57 Act in favours of Bannatyne of Kames reponing him against the Commissars decreet 58 Ratification and election of the new Kirk of Kilmarnock 59 Commission by the King and Parliament to the Committee for triall of the late incident concerning the Marques of Hammiltoun and the Earl of Argyle 60 Ratification and act in favours of the School-master of Megle 61 Commission to the Lord Almond and his Bayliff anent the triall of John Jervie 62 Act in favours of Lieutenant Generall King 63 Act and ratification to the Universitie of Saint Andrews of the rents of the Priorie and Bishoprick of Saint Andrews 64 Act in favours of the Burgh of Dornoch anent the change of their Faire 65 Act rescinding generall Ruthvens forfeiture 66 Orders of the Parliament concerning the Irish businesse with a warrant to the secret Councell to give instructions to the Commissioners for the remainder of the Treatie 67 Act in favours of the Prince Elector Palatine anent ten thousand men to be sent to Germanie 68 Act and warrant in favours of the Earl of Rothes and others for letters of reprisall against the Hamburgers 69 Commission for tryall of the murther of Isabel Drymmie 70 Ratification exoneration and approbation in favours of the Marquesse of Argyle 71 Warrant for putting Lieutenant Colonell John Munro to libertie 72 Warrant to the Earle of Crafford for his enlargement 73 Warrant for putting M. John Guthrie to libertie 74 Warrant to sir Robert Spottiswood and Sir John Hay for their libertie 75 Commission for visitation of the Colledge of Saint Andrews 76 Act in favours of the Burrows ratifying the act of the Committee for the reliefe of the gilders therein mentioned 77 Act in favours of the Burgh of Glasgow anent their libertie to nominate and elect their Magistrates 78 Act for re-calling the Marquesse of Hamiltoun and Marquesse of Argyle to the Parliament 79 Ratification in favours of the Town of Saint Andrewes 80 Act in favours of Alexander Cunnyngham for four hundred and thirtie pounds sterling 81 Act to the Earle of Montrose Lord Naper Lairds of Keir and Blakhall for their liberation 82 Act in favours of Captaine William Stewart 83 Act anent the keeping of the Castle of Edinburgh to the Earle of Levin 84 Act in favours of the Earle of Levin for 100000. markes 85 Act of approbation and exoneration to the Earle of Levin Lord Generall and sundry other generall Officers 86 Act anent the liberation of the Earle of Montrose Lord Naper L. Keir L. Blakhall Sir Robert Spotiswood Sir John Hay and Lievtenant Colonell Water Stewart with the Act of caution found by them containing also a warrant to the Councell to take the like caution of the Incendiaries 87 Reference to the Councell anent the incarceration of poore people 88 Act in favours of the Officers of fortune within the Countrey with a reference to the Commission for the common burthens 89 Reference in favours of the Lord Forbes to the famine Commission 90 Act in favours of the Procutors for the Estate with a reference to the said Commission 91 Reference in favours of George Foules to the Exchequer 92 Act anent the pryces of Writts Seales and Registers remitted to the Councell with power to doe therein as the King and Parliament might and their determination to have toe authority of an Act of Parliament 93 Reference in favours of Master Alexander Colvill and Master James Robertoune Justice Deputes to the Exchequer 94 Reference Master Alexander Pitcarne minister to the Commission for the common burthens 95 Reference for these souldiers of fortune who were incarcerate at New-castle to the Commission for the common burthens 96 Referene for the Generall of artillerie to the said Commission 97 Reference for the Earle of Hoome and Countesse of Hoome to that Commission 98 Supplication for the Brittish Subjects remitted to the Kings Majestie 99 Reference for the Earle of Nithisdaile to the Councell 100 Reference for the L. of Edzell to the Commission for the common burthens 101 Reference L. Moynes contra Glengarie to the Councell 102 Reference in favours of Sir William Dik to the Exchequer 103 Reference for the Lord Sinclare to the Commission for the common burthens 104 Reference for Sir James Ramsay to the Commission for the common burthens 105 Act and Reference in favours of the Earles of Mar and Linlithgow to the Councell for recompence of their charges and expenses anent the workes contained in their patents for making powder and tanning leather 106 Supplication L. Blair anent his warde and marriage granted 107 Supplication L. of Cauldwell anent his ward and marriage granted 108 Supplication in favours of the Lady Stormonth granted 109 Supplication L. Mynto Turnble for his ward and marriage granted 110 Supplication L. of Cromlix for his ward and marriage granted 111 Act and warrant for transporting of John and Thomas Blaks from Drumfreis to the tolbuith of Edinburgh 112 Act discharging the confluence of people to Edinburgh in this time of Parliament not being members nor having necessar attendance on Parliament and appoynting strong guardes to be kept 113 Ratification in favours of Sir William Scot of Clarkintoun of the lands teinds and Kirke thereof 114 Ratification in favours of the Burgh of Forres of their infeftment 115 Ratification in favours of the Laird of Kilbirnie of his infeftments of the Barronnie thereof and others therein contained 116 Ratification in favours of John Hammiltoun of Boghall of the lands of Boghall and others therein specified 117 Ratification in favours of James Melvil of Hall hill for the lands of Nether-Grange of Kinghorne Wester-Mills and Castle of Bruntiland 118 Ratification in favours of Sir John Prestoun of his gift of pension 119 Ratification in favours of the Earle of Lindsay of the Signator granted by the King to him of the lands offices and others therein contained with the precept and seasing to follow thereupon 120 Ratification in favours of the Burgh of Kirkcudbright 121 Ratification in favours of James Sinclare of Skallaway 122 Ratification in favours of William Maxwell of Kirk-house 123 Ratification in
of his infeftment of the lands of Nidrie marshall and others therein contained 263 Ratification in favours of William Seytoun of Grange of his gift of generall post-master of Scotland containing an exception in favours of the burghes of Bruntiland and Kinghorne 264 Ratification in favours of the town of Weik of their infeftment with a declaration declaring the said town to be the head burgh of the sheriffedome of Caithnes 265 Commission to the Earle of Erroll anent the justiciarie of the fishings upon the water of Ithane 266 Ratification in favours of the towne of Bruntiland of an act of exchequer with a declaration that Sir James Melvill his assuming of the style of Bruntiland shall no wayes be prejudiciall to their liberties 267 Ratification in favours of the Earle of Erroll of a pension granted to him by the Kings Majesty 268 Ratification in favours of the Earle of Kinoull of his right of the lands of Erroll 269 Ratification of the immutuall band amongst the heritours adjacent the Pow of Inchaiffray 270 Ratification in favours of William Gray of Pittindrum and William Master of Gray his son of a tak set by the Kings Majesty to them of the teinds of their lands lying within the Parochin of Fowles and others therein contained 271 Ratification in favours of the minister of Brechin 272 Ratification in favours of the Minister of Navar. 273 Ratification in favours of Sir Alexander Gibson of Durie one of the Senators of the Colledge of justice 274 Ratification in favours of the Master John Cant. 275 Ratification in favours of the Fewars of Kylismure 276 Ratification in favours of the James Dumbar 277 Ratification in favours of the Lord Lorne 278 Two ratifications in favours of the Laird Ackine 279 Two ratifications in favours of Sir James Macgill of Cranstoun Riddle Knight one of the Senators of the Colledge of Justice 280 Two Ratifications in favours of Sir James Scot of Rossie 281 Ratification in favours of the Earle of Eglintoun 282 Ratification in favours of the Earle of Queensberry 283 Ratification in favours of the rights of the Canongate 284 Ratification in favours of my Lord Advocate 285 Ratification in favours of Somervell of Drum 286 Ratification in favours of Robert Pringle of Stichell 287 Ratification in favours of John Carstairs 288 Ratification in favours of the Laird of Houstoun 289 Ratification in favours of Doctor Chalmers 290 Ratification in favours of James Maxwell of Innerweek 291 Ratification in favours of the Earle of Lawderdaill 292 Ratification in favours of Master William Cochrane of Cowdoun 293 Ratification in favours of the Towne of Irving 294 Ratification in favours of the Laird of Dalmahoy 295 Ratification in favours of the South Queensferrie 296 Ratification in favours of Sir Richard Grahame 297 Ratification in favours of William Scot and his brethren 298 Protestation Earle of Sutherland anent his place 299 Protestation Lord Borthwik anent his place 300 Protestation L. of Cambo as Commissioner for the Sherifdome of Fife 301 Protestation L. of Cesnok in name of the whole Barons 302 Protestation L. of Wedderburne as Commissioner for the Sherifdome of Bervik 303 Commission and warrant by the King and Parliament to the Exchequer for regulating the Book of Rates 304 Warrant by the King and Parliament to the Councel to dis-band the companies yet on foot and to provide for moneys for that effect 305 Protestation Towne of Kinghorne and Robert Hepburne for the Earle of Dumfermling against Halhils Ratification 306 Protestation for the Kings Veallers against James Sinclars Ratification 307 Protestation Towne of Renfrew against the Laird of Grenocks Ratification 308 Protestation Wrights of the Cannongate against the Wrights of Edinburgh their Ratification 309 Protestation Earle of Argyle against the Ratification for the town of Dumbartan 310 Protestation Town of Glasgow against the same Ratification 311 Protestation Town of Glasgow against the Ratification for the Burgh of Renfrew 312 Protestation Town of Renfrew against the Ratifications of the Burgh of Glasgow 313 Protestation Town of Dumbartan against the Ratifications of the said Burgh of Glasgow 314 Protestation L. Dun against the Ratification of the Towne of Montrose 315 Protestation L. of Houstoun against the Ratification of Renfrew 316 Protestation L. of New-warke against the Ratification of Renfrew 317 Protestation Marquesse of Hammiltoun against the Ratification of the Town of Linlithgow 318 Protestations Earls of Buckleugh and Hadingtoun and Bayliffe of Lochend against the Ratification in favours of Francis Stuart 319 Protestation Towne of Pebles against the Ratification of the Earle of Traquair 320 Protestation Lord Amond against the Act for the Kirk of Denny 321 Protestation L. of Minto against the Ratification of the Town of Glasgow 322 Protestation Towne of Renfrew against the Ratification in favours of the L. of Houstoun 323 Protestation Kirk of Anster against the Ratification of the Kirk of Kilrinnie 324 Protestation Sir William Dik and the whole fishers against the Ratification in favours of the L. Aickine 325 Protestation Town of Edinburgh against the Ratification in favours of the Wrights of the Canongate 326 Protestation Towne of Edinburgh against Robert Lesleys ratification 327 Protestation Earl of Galloway against the Ratification in favours of the Universitie of Glasgow 328 Protestation Earle of Pearth against the Town of Newburgh 329 Protestation and declaration Earle of Dumfermling against the Ratification for the Queenes-ferrie 330 Protestation Towne of Air against the Town of Irvings Ratification 331 Protestation for _____ Hoome against John Carstairs Ratification 332 Protestation Town of Brechin against the act of erection of the kirk of Carrestoun 333 Protestation Earle of Lauderdail against the Towne of Muscleburghs Ratification 334 Protestation and declaration Earle of Kinnoull contra Patrik Ruthvens Ratification 335 Protestation Towne of Edinburgh against the act in favours of the Hat-makers 336 Protestation L. of Haddo against the Ratifications in favours of the L. Fraser and L. Lesley and their protestation in the contrair 337 Protestation Laird Lesley for the shire against the Town of Aberdenes Ratification of their infeftment 338 Protestation Lord Maitland against the Earl of Hooms ratification 339 Protestation Lord Yester against the ratification of the Towne of Pebles 340 Protestation and declaration by the King and Parliament in favours of the Procutor and agent for the Kirk for their fees against the Ratification in favours of the Duke of Lennox of his right to the Bishoprick of Glasgow 341 Protestation Marques of Hammiltoun against the Duke of Lennox Ratification 342 Protestation Colledge of Glasgow against the Town of Glasgows Ratification 343 Protestation Earle of Lanerk for Robert Lesley against the Ratification of the gifts of the Bishops rents of Orknay with his Majesties declaration abiding by the gift of Robert Lesley as being first done and preferring the samine to all other gifts 344 Protestation L. Giffan against the Ratification in favours of the town of Glasgow of the Bishoprick of Galloway their gift therof 345 Protestation Earl of Murray against Innes of Leuchars Ratification 346 Protestation Town of Glasgow against the Town of Rutherglens Ratification 347 Protest L. of Balymayne against the L. of Panmures Ratification 348 Protestation Earl of Argyle against the Earle of Seaforths Ratification of the Lewes 349 Protestation Earl of Sutherland against that Ratification 350 Protestation Marquesse of Hamiltoun against the Towne of Lanerks Ratification 351 Protestation and declaration Towne of Dumbartan against Renfrew their Ratification 352 Protestation and declaration Renfrew against the Town of Dumbartan their Ratification 353 Protest L. of Lawers against the Earl of Tullibardans Ratification 354 Protestation Earl of Seaforth against the Ratification of the town of Weik 355 Protestation Earle of Southesk against the Ratification in favours of the Minister of Brechin with the Commissioners of Brechins protestation in the contrarie 356 Protestation Alexander Urchart against the Ratification in favours of the Town of Cromartie 357 Protestation Marques of Hammiltoun against the Ratification in favours of the Town of Glasgow 358 Protestation Lord Yester against the Ratification in favours of the Earl of Kinnoul 359 Protestation Earl Marshall against the Ratification in favours of the Earl of Kinnoull 360 Protestation in favours of the Earl of Erroll FINIS
THE ACTS MADE IN THE SECOND PARLIAMENT OF OUR MOST HIGH AND DREAD SOVERAIGNE CHARLES By the grace of God King of Scotland England France and Ireland Defender of the Faith c. Holden at Edinburgh in the severall Sessions thereof according to the dates therein mentioned Acts past and done in this present Session of Parliament the eleventh of June 1640. EDINBURGH Printed by Robert Young and Evan Tyler Printers to the Kings most excellent MAJESTIE ANNO 1641. Cum Privilegio Regiae Majestatis ACTS PAST AND DONE IN THIS PRESENT Session of PARLIAMENT the eleventh of June 1640. ACT I. ACT ANENT THE CHOOSING OF Robert Lord Burghlie to be President in this Court and Session of Parliament in respect of the absence of the Kings Commissioner THE Estates of Parliament presently conveened by His Majesties speciall authoritie Considering that in respect of the absence of His Majesties Commissioner they are necessitate to make choyse of one of their number to be President in this present Session of Parliament And understanding the sufficiencie of Robert Lord Burghlie for that charge They all in one voice with one consent did nominate elect and choose the said Robert Lord Burghlie to bee President and to proceed in this present Session and Court of Parliament for discussing and handling of the matters to be determinat thereintill ACT II. ACT ANENT THE CONSTITUTION Of the Parliament and all subsequent Parliaments THE Estates of Parliament presently conveened by His Majesties speciall authoritie Considering that this present Parliament was indicted by His Majestie for ratifying of such Acts as should be concluded in the late Assemblie of the Kirk for determining all Civill matters and setling all such things as may conduce to the publick good and peace of this Kirk and Kingdome And considering the severall complaints of this Kirk unto Parliaments from time to time proceeding from her continuall experience of prejudice and ruine through many persons and specially of Prelates their attempting to voyce or do any thing in name of the Kirk without either bearing Office in the Kirk or having commission from the Kirk And the Acts of the late Generall Assemblie condemning the office of Bishops Archbishops and other Prelates and the civil places and power of Kirkmen as their voycing and ryding in Parliament and craving the abolishing of these Acts of Parliament which grants to the Kirk or Kirkmen vote in Parliament to be abrogate as prejudiciall to her Liberties and incompatible with her spirituall nature Considering also that there are conveened in this present Parliament by His Majesties speciall indiction warrant and authoritie the Nobilitie Barons and Burgesses the Estates of this Kingdome who have a full and undoubted power to proceed and determine in all matters concerning the publick good of this Kingdome and that notwithstanding of the absence of the Prelates who by former Lawes were appointed to bee members of Parliament And to the effect none presume to move any question there anent The saids Estates now conveened as said is have declared and by these presents declares this present Parliament holden by the Nobilitie Barons and Burgesses and their Commissioners the true Estates of this Kingdome to be a complete and perfect Parliament and to have the famine power authority and jurisdiction as absolutely and fully as any Parliament formerly hath had within this Kingdome in time by-gone And ordaines all Parliaments hereafter to be so constitute and to consist onely in all time comming of the Noblemen Barons and Burgesses as the members and three Estates of Parliament And rescindes and annulls all former Lawes Acts of Parliament made in favours of whatsoever Bishops Archbishops Abbots Pryors or other Prelates or Churchmen whatsoever for their ryding sitting or voycing in Parliament either as Churchmen or the Clergie or in name of the Church or as representing the Church as an State or member of Parliament by reason of their Ecclesiasticall Offices Titles Dignities or Benefices and namely the 231. Act Parl. 15. K. Ja. 6.1597 anent the Kirk and specially parsons and prelates representing the third Estate and the 2. Act Parl. 18. K. Ja. 6.1606 anent the restitution of the estate of Bishops and their representing the third Estate with all Acts and Constitutions of Convention Councell or Session and all practises and customes whatsoever in so far as the same or any clause thereof tends or may be extended to the effect foresaid as being found and declared prejudiciall to the Libertie of this Kirk and Kingdom and to the puritie of the true reformed Religion therein established And prohibites all persons whatsoever to call in question the authoritie of this present Parliament upon whatsoever pretext under the pain of treason ACT III. ACT ANENT THE CHOOSING of Committees out of every Estate THe Estates of Parliament presently conveened by vertue of His Majesties speciall authority Considering that there have divers questions arisen in this present Parliament anent the freedome of the Parliament either to choose or not to choose Committees for Articles when they resolve to choose anent the manner of election of them anent their use and power By reason the same is not yet determined nor set down by any Acts of former Parliaments for removing whereof avoyding the great prejudice which by experience they find will hereby redound to this Kingdom and to the liberty freedom dignity of the supreme Courts of Parliament They have thought it necessary that a solid Order be set down as wel declaring the Liberty of the Parliament in the manner of their proceedings by themselves alone or by Committees for Articles as prescribing the form and manner of the election of these Committees for Articles and defining their use power and manner of proceeding to be observed in all times coming AND THEREFORE have statute and declared That according to the Liberty of all free Judicatories anent their own preparatorie Committees all subsequent Parliaments may according to the importance of Affairs for the time either choose or not choose severall Committees for Articles as they shall think expedient And that any subsequent Parliaments making election of Committees for Articles to prepare matters for them shall proceed in manner following To wit That these of the Noblemen shal be named and chosen by the Noblemen themselves out of their number And by the Barons Commissioners of Shires by themselves out of their number And the Burgesses Commissioners of Burrowes by themselves out of their number The names of the which persons so named and chosen out of every Estate not exceeding for every Committee the number prescribed by the Act of Parliament 1587. being openly read and made known to the whole Estates sitting in plain Parliament The said Estates having received any propositions which are ever first to bee presented to themselves by an Act shall authorize the said persons with power to treat reason and consult upon the expediencie or inexpediencie of such Articles allanerlie as shal be committed and
tryall and censurethere so that the same be reciprocall to both Nations but other Criminalls and Debts to be referred to the Laws THE PROPOSITIONS AND ARTICLES Given in by the Scots Commissioners after the Lord Loudoun his return from the Parliament of Scotland THat the Treatie of Peace may bee brought to a speedy and happy close wee did offer to your Lordships consideration the particulars following 1 That so soone as the Scottish Army shall remove out of England to Scotland the English Garrisons of Barwick and Carlile should remove simul semel 2 Lest Malefactors who have committed Theft Murther and the like crimes crave the benefit of the Act of Pacification and Oblivion for whom it is no wayes intended there would be an exception from the said Act of all Legall pursuit intended or to be intended within the space of an yeere after the date of the Treaty Again all Theeves Sorners Out-laws Fugitives Murtherers Broken men or their Receptors for whatsoever Theft Reifs Harships Oppressions Depredations or Murther done or committed by them and all lawfull Decrees given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to dignosce and take cognition whether the same fals within the said Act of Pacification and Oblivion or not 3 It is desired that the demand concerning the not making or denouncing of warre with Forraigners without consent of both Parliaments may be condescended unto by the King and Parliament of England which is ordinary and universally observed in all mutuall Leagues which are both defensive and offensive And because the wars denounced by one of the Kingdomes with Forraigners although made without consent of the other Kingdome will ingage them by necessary consequence or if the consideration of that Proposition shall require longer time then the present condition of the important affaires of the Parliament may permit and lest the speedie close of the Treaty bee thereby impeded It is desired that this Demand with the two other Articles of the same nature the one concerning Leagues and Confederations and the other concerning mutuall supply in case of forreigne invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have power to treat and advise there upon for the good of both Kingdomes and to report to the Parliaments respectivè 4. It is desired That the Articles concerning Trade and Commerce Naturalization mutuall Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England And namely that demand about the pressing of ships or men by Sea or Land Or if shortnesse of time and exigencie of affaires may not permit the present determination of these Demands It is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof for the good of both Kingdomes And to make report to the Parliaments respectively And that the Charters or Warrants of the Scottish Nation for freedome of shipping in England or Ireland from all Customes Imposts Duties and Fees more then are payed by the Natives of England and Ireland granted by King James under the broad Seal of England upon the eleventh of April the thirteenth yeere of his Reigne and confirmed by King Charles the nineteenth of April the eighth yeere of his Reigne may be ratified and enacted in the Parliament of England 5. That the extracts of Bands and Decreets put upon Record and Register in Scotland may have the like faith and execution as the French Tabelliones have in England or Ireland seeing they are of alike nature and deserve more credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments 6. The manner of safe conduct for transporting the money from England to Scotland by Sea or Land would be condescended upon in such a way as the charges be not exorbitant 7. The tenour of the Commission for conserving of peace would be condescended unto together with the times and places of meetings and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make like Commission and name their Commissioners for that effect 8. The Parliament of Scotland doe joyne their earnest hearty desire and crave the Parliament of Englands concurrence that none be in place about the Prince his Highnesse but such as are of the reformed religion 9. That an Act of Parliament of publike faith for payment of the 220000. pounds of the brotherly assistance which is arrear may be presently framed and expedited according to the termes agreed upon 10. It is desired that the Quorum to whom the Scots should addresse themselves for payment of 220000. pounds be condescended upon 11. That the order for recalling all Proclamations c. made against his Majesties subjects of Scotland be drawn up and intimated in due forme and time with the publick thanksgiving at all the Parish Churches of his Majesties Dominions 12. It is desired that the Articles concerning the Castle of Edinburgh and other strengths of that Kingdom may be understood to be that the same shall bee disposed of for the weale of the Kingdome as the King and Parliament shall think expedient THE ENGLISH LORDS COMmissioners answer THat upon the disbanding of the Scottish Army the Garrisons of Barwick and Carlile shall be removed according to the Article of the Treatie on that behalfe The second Article is condescended unto according to the provision added to the Act of Oblivion and Pacification 3.4.5.6 The third demand concerning the making of war with forreigners with the other two Articles concerning Leagues and Confederations and concerning mutuall supply and assistance against forraine invasion is agreed to be referred to Commissioners to be chosen by his Majesty and the Parliaments As likewise the 4.5 and 6. Articles concerning Trade Commerce Naturalization mutuall priviledge and capacity and others of that nature and the demands concerning the extracts of Bands and Decreets and the maner of safe conduct for transporting of moneys from England to Scotland are all referred to be taken in consideration by the Commissioners to be appointed by both Parliaments who shall have power to advise and treat thereupon and report to the Parliaments respectively 7 It is just that the tenour of the Commission for conserving of peace should be agreed upon by mutuall consent but the closing of the treaty not to stay hereupon but to be left to the Commissioners to be named 8 To that desire concerning such as should be placed about the Prince the King hath already given a cleere and satisfactory answer 9 That there be an Act of Parliament of publike faith for securing the paiment of 220000 pounds which is
places shall happen to vake and must be provided in the intervall betwixt Parliaments his Majestie will choose and nominate Officers of State and Counsellours with the advice and approbation of the Councell all that number being warned upon 15. daies calling to meet thereanent and most part of the whole consenting And in like manner the Sessioners with the advice and approbation of the most part of that House Which elections made in the intervall shall be allowed or disallowed in the next ensuing Parliament as the Kings Majestie and the Parliament shall think expedient And the Officers of State Counsellours and Lords of Session so nominated and chosen by his Majestie and the Parliament or allowed by his Majestie and them shall be provided ad vitam vel culparn and they all shall be lyable to the censure of the Kings Majestie and Parliament ACT XVI ACT ANENT THE ELECTION OF THE Lord LOWDOUN to be Chancellour Ultimo Septembris 1641. THE which day the Kings Majesty with the advice and approbation of the Estates of Parliament did nominate and elect John Lord Lowdoun to exerce and discharge the place and office of High Chancellour of this his Highnesse ancient native Kingdome and gave and disponed to him during all the dayes of his life time the said office with all honours dignities profits liberties and priviledges which have beene possest and bruiked by any preceding Chancellours and which may be now bruiked by the Lawes of this Kingdome Like as his Majestie with advice and approbation foresaid makes and constitutes the said John Lord Lowdoun during all the dayes of his life time High Chancellour of this his said Kingdome to be bruiked and enjoyed by him with all dignities honours commodities liberties and priviledges which have beene possest and bruiked by any preceding Chancellours and which may be now bruiked by the Lawes of this Kingdome and ordaines a gift and patent to be past under His Highnesse great Seale to the said John Lord Lowdoun thereupon ACT XVII ACT ANENT THE CHANGE OF THE Termes 29. October 1641. OUR Soveraign Lord and Estates of Parliament Considering the great prejudice his Majesties Lieges doe sustaine by the inconveniencie of the present usuall termes of payment of their debts and annuall Rents at Whitsunday and Martinmas heretofore Where as if the samine were altered and changed to Lammas and Candlemas yeerly they might get in their owne rents and dueties to pay their lawfull creditors therewith more easily at the said Termes of Lammas and Candlemas then at the former termes of Whitsunday and Martinmas Therefore Our Soveraign Lord and Estates of Parliament have now altered and changed the foresaid former course of the Termes of payment from Whitsunday and Martinmas to the Termes of Lammas and Candlemas in all time hereafter And ordains the same to be the usual Termes of payment of all debts and annuall and for using of all order of Redemption ordains all Premonitions Requisitions to be made before the said Termes of Lammas and Candlemas in place of the Termes of Whitsunday and Martinmas in time coming Notwithstanding of any clauses of Redemption Premonition or Requisition contained in any Bands or other Writs bearing the samine to be made or done either before Whitsunday or Martinmas in manner therein specified Whereanent our Soveraign Lord and Estates of Parliament dispenses for ever Beginning the first Termes Redemption Premonition or Requisition at and before Candlemas next in place of the Terme of Martinmas and the next Terme at and before Lammas next for and in place of Whitsunday and so forth yearely and tearmly in all time coming But prejudice to all creditors of all their just annual rents that shal be due to them from Martinmas next to Candlemas next to come and from Whitsunday to Lammas which is declared to be one quarters annuall And likewise but prejudice to them of all other bygone annual resting owing to them of whatsoever other years or terms preceding which are and shall be payed at the Terme of Candlemas next And this Act to be understood only for borrowing and lending of moneys upon band or infeftment and payment of annuall rents and the former Termes of Whitsunday and Martinmas to stand for redemptions proper woodsets flitting and removing of Tenants both in Burgh and Land ACT XVIII ACT ANENT THE CHARGES AND Expences of the Commissioners for the Barons 11. November 1641. OUR Soveraigne Lord and Estates of Parliament ratifie and approve the Acts made by his Majesties Predecessours King James the first of worthy memorie in his 7. Parl. and 101. Act thereof and the Act made by his Majesties umwhile dearest Father of worthy memorie in his 22. Parl. anent the Commissioners of small Barons in Parliament in the whole Heads Clauses and Articles thereof And specially that Article of the said last Act bearing that all Free-holders be taxed for the expences of the Commissioners of the Shires passing to Parliaments or Generall Councels And letters of horning and pounding to be direct for payment of the summes taxed for that effect upon a simple charge of six dayes allanerly With this addition for clearing of the quantity and manner of the said taxation that there shall be allowed to every one of the saids Commissioners for their whole charges and expences five pounds every day for their expences upon any parliaments or generall councels counting the first and last daies from the down sitting and rising of the saids Parliaments with such other dayes allowed for the Commissiòners of every shire for their coming to the saids Parliaments or generall Councels and returning there-from from time to time as they shall sit or be adjourned viz. for the Commissioners of the sheriffdome of Edinburgh for their comming and going one day of Fife two dayes of Linlithgow two dayes of Clydesdail foure dayes of Nithisdail foure daies of Dumbartane foure dayes of Sterling two dayes of Hadingtoun one day of Bervik foure dayes of Clakmannane two daies of Kinroshire two dayes of Peiblis two dayes of Bute six daies of Angus foure dayes of Pearth foure dayes of Mearnes foure dayes of Air foure dayes of Wigtoun six dayes of Kirkcudbryght four daies of Roxburgh four daies of Aberdene eight dayes of Renfrew foure daies of Selkirk two daies of Bamff eight dayes of Elgine ten dayes of Narne ten daies of Argyle eight dayes of Innernes twelve daies of Caithnes sixteen dayes of Sutherland fourteen dayes of Orkney thirtie dayes The which daily allowance after the rising of the said Parliaments or generall Councels shall be calculate and put in a summe by the Clerk of Parliament under his hand to be divided and imposed proportionally upon the whole freeholders heritors and life-renters holding of the Kings Majestie and the Prince according to the proportion of their Lands and Rents lying within the shire Excepting alwayes forth of this Act all the Lands belonging to the Noblemen or their immediate Vassals And therefore declares that their Lands holden of his Majesty
or Prince and their Vassals to be free of the said taxe notwithstanding of this present Act or any Act preceding And that letters be direct thereupon by the Lords of Session to charge the Free-holders heritors and life-renters holding of his Majesty and the Prince to conveene at the head Burgh of every shire upon one speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent the saids free-holders heritors and life-renters for the tenth peny more of the said whole summe so calculate for the expences of the letters to be raised therefore and others charges in the collection thereof with certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instance of the said Commissioners for payment thereof in manner above-written And if payment be not made within the dayes contained in the charge so that the Commissioners be forced to pound therefore Then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerlie and if the suspension discusse against the suspender in that case the suspender shall be ordained to make payment to the Commissioners of the double of the summe charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the commissioners of this present Parliament and all Parliaments â—ereafter ACT XIX ACT IN FAVOURS OF THE COMMISsioners for the Sherifdome of Sutherland 11. November 1641. OUR Soveraign Lord and Estates of Parliament considering that by an Act of the date of thir presents made anent the expences of Commissioners of Shires passing to Parliaments or Generall Councels and Conventions allowance shall be given to the saids Commissioners for their whole charges and expences in manner specified in the said Act And that the daily allowance appointed for ilk Commissioner in manner mentioned and divided in the said Act after the rising of the saids Parliaments or generall Councels shall be calculate and put in a summe by the Clerks of Parliament under their hand to be divided and imposed proportionally upon the whole Freeholders of the Kings Majesty and the Prince according to the stent of their lands lying within the Shire And that letters be direct thereupon by the Lords of Session to charge the saids Freeholders of his Majesty and Prince to conveen at the head Burgh of every Shire upon a special day for dividing setting down the proportion thereof in maner foresaid as the said Act made in favours of the said whole Commissioners of small Barons and Shires at more length bears And his Majestie and the saids Estates considering that in the Parliament in the year of God 1633. a particular Act of Parliament was made in favours of the Free Barons and others Inhabitants within the Sherifdome of Sutherland giving power to them to elect and choose their own Commissioners for the said Sherifdome to compeir at Parliaments meetings and generall Conventions within this kingdom at all occasions And considering likewise that by the said Act made in favours of the saids whole Commissioners the Commissioner chosen and attending this present Parliament for the Sherifdome of Sutherland and the Commissioners who shal be chosen and sent from the said Sherifdome of Sutherland to attend thir Parliaments Generall Councels and other Generall meetings and Conventions of Estates hereafter in all time comming shall have no allowance of their expences and charges to be depurst by them in the said service albeit the said Shire be one of the remotest and farthest distance in the Kingdome Because there is onely two Inhabitants within the said Shire holding Lands of the Kings Majesty the whole remanent heritors being either Vassals to the Earle of Sutherland or holding their Lands of some other Superiour And so according to the said generall Act the allowance of the Commissioner of that Shire cannot be divided not imposed for payment and satisfaction of his charges and expences except the samine be extended against the Heritors Fewars and Freeholders within the said Sherifdome holding lands of other Superiours in manner under written Therefore His Majesty and Estates of Parliament ordains the allowance appointed by the said generall Act in favours of the Commissioners of the said Sherifdome of Sutherland to be extended divided and imposed proportionally upon all and sundry Heritors Fewars Life-renters and Freeholders within the said Shire whether they bee Vassals to his Majesty or holding their lands of any other Superiours whatsoever according to the stent of their lands lying within the said Shire and that letters be direct thereupon by the Lords of Session to charge all and sundry the Heritors Fewars Life-renters and Free-holders within the said Shire holding of any Superiour whatsoever to conveene at Dornoch being the head Burgh of the said Shire upon a speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent all and sundry the saids Heritors Fewars Life-renters and Free-holders holding of whatsoever Superiour within the said Shire for the tenth penny more of the saids whole summes so calculted for the expences of the letters to be raised therefore and others charges in collecting thereof With certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instances of the saids Commissioners for payment thereof in manner above written And if payment be not made within the dayes contained in the charge so that the said Commissioners shall be forced to pound therefore then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerly And if the suspension shall discusse against the Suspender in that case the Suspender shall be ordained to make payment to the Commissioners of the double of the sum charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the Commissioners of this present Parliament and all Parliaments hereafter ACT XX. ACT ANENT THE NOMINATION And election of the Officers of Estate 13. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament conveened in Parliament nominated and elected the persons underwritten to the places and offices of Estates of this Kingdome respective after mentioned formerly possest by them viz. Robert Earle of Roxburgh to the place and office of Privie Seale William Earle of Lanerk to the place and office of Secretarie Sir Thomas Hope of Craighall to the place and office of his Highnesse Advocate Sir James Carmichaell to the place and office of
Letters and other Warrants emitted and given forth thereanent to stand in full force And the persons entrusted with the managing and executing therof to do their exact and best diligence thereanent aye and while their warrants be recalled and discharged by the saids Commissioners or their Quorum foresaid It is hereby declared that amongst the rest of the common and publick dues and debts due to the publick that the whole rents of all Bishops and others beneficed persons whether deposed fugitives or opposites to the common cause for the full cropts and years of God 1639. and 1640. yeares are and shal be due to the publike Together with all rests of the saids rents preceding the said two cropts not truly paid nor discharged where there are not true Creditors to affect the saids preceding rests Which Creditors shall have preferance from the saids rests of the cropt 1638. and precedings allanerly And farther if there be any part of the saids rents uplifted by publike order of the cropt 1641. yeares his Majesty and Estates foresaids hereby dispences therewith in favours of the publike And generally our Soveraigne Lord and Estates of Parliament doe hereby grant full power warrant and commission to the saids Commissioners and their Quorum foresaid to do act exerce prescribe prosecute and follow forth all and every thing necessary and behoofeful as well for clearing allowing fitting and closing of the whole common burthens and debts due by the country and contracted and advanced for the publike use foresaid and for reducing them in order and for relief payment and defrayment of the famine and for clearing the accounts of all others who have had intromission or publike charge either within or without the Country and for calling of them and all others a debted to the publike in any summes goods victual or other commodities whatsoever to a full account and to do act and prescribe all other courses orders and waies necessar concerning the whole premisses or concerning any thing which may come in consideration thereanent or which may fall under the counts of the famine And what ever debts and burdens shall be approven and allowed by the saids Commissioners or their Quorum His Majestie and Estates findes and declares the famine to be lawfull debts and burdens To affect and burden the Estates of this Kingdome and oblige the saids Estates and whole body thereof To pay relieve and defray the same Like as whatsoever counts shall be approven and allowed or disallowed by them the famine shall be sufficient for the exoneration and clearing of the persons comptars and others contained thereintill And what ever discharges be is granted by them or any others collectors commissars or others to be substitute authorized and warranted by them shall be sufficient exonerations and securities to the receivers of the famine It is hereby declared That such counts as are already approved and allowed by the late Committees of Estate or either of them shall stand good and vallid and shall not be quarrelled by the saids Commissioners without prejudice to them to call for and peruse the famine accounts for the better ordering and cleering of the common counts and burdens of the Kingdome And with power likewise to the forenamed Commissioners and their Quorum foresaid to prescribe wayes and rules to the particular shires presbyteries and divisions for reliefe stenting and payment amongst themselves of all publike debursments advancements and ingagements contracted undertaken furnished or debursed by the saids shires presbyteries and divisions or by their committees of warre or any particular persons among them for the common use and behoof of the saids shires divisions and presbyteries either for Armes the twentieth penny forty dayes and Officers pay or for any publicke use within the saids Shires or Divisions to the effect that all the Heritors and Inhabitants within the famine may be equally stented and burdened with the common burdens of their own Shire and Division where they dwell and to cause put the saids orders for the said common reliefe to due execution And our Soveraign Lord and Estates of Parliament finding it just and equitable that the saids Commissioners their charges and expences in attending and exercing of the foresaid trust and commission put upon them should be payed and defrayed by the publick Therefore our said Soveraigne Lord and Estates foresaids doe hereby modifie and allow to the saids Commissioners and ilk one of them in their severall degrees according to the time and space of their attendance respective the like fees and allowance as were formerly allowed by the Estates conveened in January last to the members of the late Committee of Estates conforme to an Act made thereanent of the date the _____ day of the said moneth of January last Which fees and allowances shall be payed to them and every one of them according to the time and space of their exact attendance to be cleered by the sederunt book of the dyets of their meetings testified or subscribed by the Clerk of the said Committee or his deputes under their hands testifying the time and space of ilk person their attendance which shall be a sufficient warrant to the Commissars or Collectors of the publicke dues to pay the same allowance to the saids Commissioners ilk one of them for their owne parts And shall be allowed to the saids Commissars Collectors or their Deputes in their accounts And it being necessary that there be an able qualified and trusty Clerk nominated and appointed for the foresaid Committee and for keeping of all the papers warrants records and registers concerning the whole premisses And his Majesty and Estates foresaids having the proofe and experience of the trust and abilitie of Robert Hepburne Advocate for discharging of the foresaid office and place as Clerk to the said Committee Therefore our said Soveraigne Lord and Estates foresaids doe hereby nominate and constitute the said Robert Hepburne to be Clerke to the said Committee and ordaines the former fee and allowance appointed for the said Robert as Clerk to the said late Committee of Estates residing at Edinburgh to continue and be payed to him during his service in the foresaid office And with power to him to appoint substitutes and deputes for whom he shall be answerable for serving in the foresaid place Granting to him and them all priviledges fees liberties and immunities belonging to the foresaid office Which Clerke and his foresaids shall have the charge trust keeping and ordering of all the papers warrants records and others which concerne the premisses And the Acts extracts records and warrants to be subscribed by the said Clerk and his substitutes shall beare al 's full faith as the acts or extracts of any other Clerk within this Kingdome And in like manner with power to the saids Commissioners or their Quorum to appoint allow and modifie competent fees allowances and recompences to the generall Officers and all others persons who have been employed in the publick
Edinburgh Peire and Shore of Leith To answer before the saids persons Commissioners appointed by thir presents for the crymes particularly and respective contained in the said Summonds above written to the effect they may bee further examined by them and may object against such witnesses as shall be cited to compeire to depone in the said matter With full power and Commission to the saids persons or Quorum foresaid to proceed in the cognition and tryall of the crimes particularly and respective above written to the discussing of the relevancie of the Summonds particularly and respective above written and to the receiving of all lawfull probation in the saids crimes above written against the saids persons particularly summond as is above written And to that effect to direct their Precepts and Summonds for summoning of witnesses in the particular crimes respective above specified under the paine of horning and generally all and sundry other things to doe for the exact tryal of the saids persons Providing alwayes that the saids persons Commissioners as is above specified appoynted by thir presents shall not proceed Like as our Soveraign Lord and Estates of Parliament presently conveened by thir presents discharges the saids Commissioners and Quorum foresaid to proceed to any decision in the said poynts or crimes or to pronounce any sentence convictive against the saids persons particularly above written summoned to this present Parliament particularly and respective as said is but onely that the Commissioners foresaids shall doe their diligence in the points particularly above specified committed to them in discussing the relevancie of the said Summonds particularly and respective above written and in receiving all legall probation thereupon And the Commissioners or Quorum foresaid to proceed with all diligence and make their report concerning the relevancie and how farre they shall find the same proved or not without pronouncing any farther sentence against them or any of them and that they finish the processe and tryall before the first day of March next to come ACT XXXV ACT ANENT THE PASSING FROM These who are cited to the Parliament as unfriends 16. November 1641. THe Estates of Parliament Considering that whereas there are divers and sundry persons indited and accused before this Parliament as guilty of certain crimes committed by them against the State and to the prejudice of the peace of this Kingdome Neverthelesse the saids Estates of Parliament considering that by Gods mercy and providence and by his Majesties great wisedome all our tempests are turned into the calme of an happie peace And that tryall is taken anent the persuits and processes for which the saids persons are cited to the Parliament Doe hereby out of their respect to His Majesty to whom they know the famine will be acceptable Declare that they have acquited and discharged And hereby acquits and discharges all other persons cited and called to appeare before them To answer for whatsoever crime or misdemeanour committed during the late troubles And declares the Act of Pacification and Oblivion and benefite thereof to be extended to them siclike as if they had not been cited before this present Parliament And but prejudice alwayes of the restitution to private parties conforme to the said Act of Pacification contained in the Treaty And of all lawfull sentences recovered against any of the said persons before the Committee of Estates And declares that this Act doth not extend to the Incendiaries or plotters but only to such others who are cited to the Parliament as unfriends ACT XXXVI ACT FOR SELLING OF YARNE BY WAIGHT 16. November 1641. OUR Soveraign Lord and Estates presently assembled Understanding how necessar and convenient it is that all yarn be bought and sold by weight Therefore Our Soveraign Lord with advice and consent of the saids Estates Ratifies and approves the Acts of His Majesties Councell Ordaining the same to be sold by weight in all the heads clauses and articles thereof dated at Halyrude-house the 28. of July 1631. years and ordaines the famine to stand as a Law and to take effect in all time coming ACT XXXVII ACT ANENT LINNEN CLOTH And breadth thereof 16. November 1641. OUr Soveraign Lord and Estates presently assembled finding that linnen cloth is become one of the prime commodities of this kingdome whereby many peoare put to worke and money is brought within the same which partlie through the deceit used by the bleitchers in lyming thereof and partly by the incertaintie of the breadth is likely to come in contempt abroad to the great prejudice of this kingdome Therefore his Majesty with consent of the saids Estates Statutes and ordaines that no makers of linnen cloth nor no others whatsoever present to market or other wayes make or sell any linnen cloth of the price of tenne shillings the elne or above of lesse breadth then an elne And all under the said price to be of no lesse breadth then three quarters of ane elne under paine of confiscation of all such linnen presented to marker or other wayes sold which shal be found not to be of the breadth above-named And ordaines the magistrates within whose bounds and jurisdictons the said linnen cloth made contrair to this statute shall happen to come to confiscate and escheat the same And for this effect to search all the markets within their bounds As also discharges and inhibites all our Soveraigne Lords lieges and subjects that none of them presume nor take upon hand to bleitch any cloth with lyme under paine to be punished in their persons and goods at the will of the Magistrate within whose bounds they dwell And last it is stature and ordained that all linnen cloth shall be taken up by the selvedge and not by the rig and so to be presented to the market and ordaines the sheriffe of the shires and Magistrates within burgh to put this statute to execution within their several jurisdictions ACT XXXVIII DIS CHARGING THE IMPORTATION Of strong waters 16. November 1641. OUr Soveraigne Lord and estates of Parliament understanding that there is divers strong waters brought into this kingdome from forraign places which might be more conveniently made within the kingdome to the benefite of the natives thereof Therefore his Majesty which consent of the saids Estates discharges all inbringing of aquavitie or strong waters within this Kingdome under the paine of escheat thereof ACT XXXIX ACT ANENT THE EXSISE OF Herring 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering that his Majesties assise of all Herrings slain within the Reid-head and Saint Tobs-head is a thousand Herrings forth of ilk boat ilk dreave that holds And finding the collecting of these Herrings to be very hard and difficile have thought expedient to modifie the price of these Herrings and convert the famine thousand Herrings into money And therefore our said Soveraigne Lord with the advice of the Estates modifies and converts the price of the said one thousand Herrings payable for assise to the summe of six
by and attour the prejudice sustained by their master and other punishment of their bodies ACT XLVIII ACT DISCHARGING THE MIXING OF TIN With lead 16. November 1641. OUR Soveraign Lord and Estates of this present Parliament considering the great hurt sustained by his Majesties Lieges by the fraudulent dealing of pewterers in mixing the finer sort of tinne brought from England France Flanders and other parts beyond sea with baser and courser mettall of tin and lead their exacting greater prices betwixt the new cassin by them and the old which they receive from the lieges For remeed wherof it is statute and ordained that the pewterer or founder of tin shall put the marke of the thrissle and his owne name upon every piece of worke that hee happens to cast and that the same shall bee of the finest of the pewter marked with the rose in England And in case the same be under the finesse of the said pewter of England that the same shall bee confiscate and hee punished in his person at the discretion of the Magistrates of the Burgh where he dwells And to that effect that there bee a visitor appoynted by the Magistrates for trying of the famine As likewise that he shall take betwixt the pound of old tinne and pewter marked with the rose foresaid which he receives from the Lieges and the pound of new cassin by him eighteene pennies allanerly under the pain foresaid ACT XLIX ANENT DOCQUETING AND PRESENTING Of Signators 16. November 1641. OUR Soveraign Lord with advice and consent of the Estates of Parliament Considering that by the twentieth Act of his Majesties dearest Father King James the sixth his tenth Parliament for avoyding the prejudice did then arise by the subscribing of sundry Signators and Letters at the importunate suite and desire of sundry persons His Highnesse not being informed or timely warned to the effect and contents thereof Therefore his Majesty with the advice of the Estates conveened in Parliament did statute and ordaine that no Signator nor Letter whatsoever shall bee presented to his Majesty in time coming but by his ordinary officers unto whom the famine properly belongeth or who have power of docqueting and presenting by their patents as the Act at more length beareth And his Majesty with advice and consent foresaid also considering how prejudiciall it is to his Majesties honour and the peace and good of his Majesties Subjects That Signators of one and the same thing without his Majesties certaine knowledge shall passe his Majesties hand in favours of severall persons or that Letters of contrary tenours shall bee signed by his Majesty and directed to Officers and Judges within this Kingdome The onely occasion thereof is that others then the said Officers or their Deputes or others foresaid to whom the famine may belong Takes upon them to present Signators and Letters to his Majesty for their friends and acquaintance either not knowing the former Signator or Letters of contrary straine or of set knowledge to reverse what hath beene done before without giving true information or reasons to move his Majesty to signe these Signators or wrest contrary Letters For remeed whereof his Majesty with advice and consent foresaid ratifies and approves the foresaid Act in all the poynts therof and declares that it shall not bee leisome or permitted to any person or persons whatsoever to present any Signator Writ Letters or Warrant to bee signed by his Majesty except by the saids ordinary Officers unto whose Office the famine properly belongs and by others foresaids having power and warrant as said is And that his Majesty may the better know what passeth his highnes hand and upon what grounds and reasons he signes the famine it is expedient that any of the saids officers that shall present any signator writ letter or warrand to be signed by his Majesty shall cause register the docquet of the same in a Register and send the just and authentike double thereof subscribed with their hand to his Majesties Secretary who shall be obliged to give his Majesty notice and timous warning of any prior deed different or contrair to the posterior that his Majesty may either refuse the same or specifie his Majesties certaine knowledge for passing and signing thereof ACT L. ACT ANENT THE ELECTION OF The President of Parliament 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering how necessary and expedient it is that in every Parliament to be holden within this Kingdom there be a President of Parliament chosen by his Majesty or his Commissioner and Estates of Parliament to proceed in all matters to be agitate in Parliament Therefore his Majesty with advice and consent foresaid Statutes and ordaines that in all succeeding parliaments after taking of the oath of Parliament by all the members thereof they shall make choice of the Lord Chauncellour or any other the King or his Commissioner and the Estates shall appoint to be President of Parliament who shall remaine and continue President al 's well in that Parliament wherein he is chosen as in the next Parliament subsequent untill the said oath be taken and another chosen to be President in his roome ACT LI. ACT ANENT THE SUPERIORITIE OF Lands and others which formerly held of Bishops and their Chapters to be now holden of the King 16. November 1641. OUr Soveraigne Lord and Estates of Parliament for removing all doubts and questions that may arise anent the superiorities of these lands milnes fishings heritable offices and others which held of the late pretended Bishops or of their chapters by reason of the abolishing of Bishops and chapters foresaid forth of this Kirke and Kingdome and to the effect the subjects and vassals of these holdings may be put in assurance here-anent have statute ordained and declared and by thir presents statutes ordaines and declares That all these superiorities which formerly pertained to the saids pretended Bishops and their chapters now abolished as said is doe now pertain and belong and shall hereafter pertain to our Soveraign Lord His Highnesse Successours in all time coming And that the Vassals of these Lands Mils Fishings heritable Offices and others which formerly held of the famine Bishops and their chapters doe now and shall in time coming hold the famine of our Soveraign Lord the Kings Majesty and His Successours in the same form and manner of holding as they formerly held of the saids Bishops and their chapters conform to the saids vassals their infestments and rights made and pertaining to them which are hereby declared to be unprejudged by the abolishing of the saids Bishops and their chapters their former Superiours And siclike Our said Soveraign Lord and Estates of Parliament declare all these services of heires to their defunct predecessours to any of the Lands and others holden of the saids Bishops since the excommunication of Bishops whereby these heires are served to the saids Lands to be holden of the Kings Majesty to be vallid and lawfull services and
Commissioners to be nominate by the saids Lords of Secret Councell as said is for ordering the Commissars jurisdiction and clearing the bounds and limits thereof that there be no occasion of question betwixt them and other inferiour Judges with power to the saids Commissioners to regulate their judicatories and set down prices upon the Seales Testaments Summonds Acts Decreets and all other Writs concerning that Office to be taken by Commissars their Clerk or Procutor Fischall all quotes of Testaments being specially discharged to be exacted in any time comming and to settle and establish the fees of the Commissars of Edinburgh and for that effect to meet and conveen at Edinburgh the _____ day of _____ with power to them to appoint diets as oft as they shall think fit untill the said Commission take effect anent the particulars foresaid And whatsoever the saids Commissioners or their Quorum shal determine and conclude thereanent our Soveraign Lord with advice foresaid ratifies and approves and ordains the same to have the strength force and authoritie of an Act of Parliament ACT LXIII ACT DISCHARGING MONOPOLIES 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering the great hurt and prejudice sustained by sundry his Majesties lieges by the Monopolies used and exacted within this Kingdome and which have beene conferred to the use of any particular person or persons to the great hurt and prejudice of others his Majesties lieges and specially the gift for selling Tobacco granted to Sir James Lesley and Thomas Dalmahoy the Patent of the Lether granted to the Earle of Marre the Patent of Pearling granted to _____ Bannatine the Patent of Pearle granted to Robert Buchane the Patent of Armorie granted to Harrie Mauld Therefore our Soveraign Lord and Estates of Parliament by the tenour hereof annuls rescinds and simply discharges the particular gifts foresaids granted to the persons above written and all that may follow or hath followed thereupon And ordains the same and all other Patents of that nature purchast or to be purchast for the benefit of particular persons in prejudice of the publick to cease and be ineffectuall in all time comming ACT LXIV COMMISSION FOR MANUFACTORIES 16. November 1641. OUR Soveraign Lord and Estates of Parliament considering how necessary expedient and profitable the erecting and maintaining of Manufactories will be for this kingdome as well in keeping great quantities of money within the same which is now daily exported for wrought commodities as in setting poore ones on worke restraining of idle beggars increase of vertue and bringing of moneyes into the Countrey And this being a matter of so great goodnesse wished by every man and oft times aymed at to be brought to some perfection as witnesse many severall acts of Parliament acts of Convention and Councell especially King James the sixth his seventh Parliament cap. 113. Item King James 6. his 15. Parliament cap. 250. and 252. Item the acts of Councell May 1597. July 1600. November 1601. December 1601. May 1612. Octob. 1614. August 1616. July 1620. Feb. 1623. July 1623. Item the acts of Convention June 1605. November 1625. August 1626. yet the famine hath not as yet made any considerable progresse for want of cherishing entertainment and right order for prosecution thereof In consideration whereof His Majesty and Estates of Parliament being resolved to use all ordinar meanes for erecting cherishing and maintaining of Manufactories within this Kingdome And His Majesty with advice and consent foresaid being graciously pleased to grant all Liberties Priviledges and Immunities to the erectors thereof Therefore His Majesty and Estates foresaid gives grants and commits to these persons or Quorum thereof who shall be nominate by the Lords of secret Councell to whom the Kings Majesty and Parliament hereby gives the nomination of the saids Commissioners and Quorum thereof foresaid to the effect after specified full power warrant and commission to meet and conveen at Edinburgh or any other place or places at such dayes and times they or the said Quorum shall think fitting and there to consult advise and determine upon the best rules overtures and propositions and wayes for erecting and maintaining of the saids manufactories of all sorts With power to them or the said Quorum To call and conveen before and with them any person or persons who can give them information or assistance in the saids businesses As also with power to them or their said Quorum to appoint correction-houses in such parts of the Kingdome as they shall think most conduceable for the good of the saids Manufactories and restraint of idle and masterlesse beggars As also with power to them to prescribe rules and wayes for assisting supplying and maintaining of these who have already or shall during the time of this Commission erect and entertaine any of the saids Manufactories and to direct letters against masterlesse people and their receptars as well to burgh as land-ward commanding them to worke at such reasonable rates as the said Commissioners or Quorum thereof shall appoint With power likewise to them to make Corporations and to grant them priviledges conforme to the lawes of the Kingdome And sicklike his Majesty with advice foresaid out of his gracious favour and bountie doth hereby for the better encouragement to all these who have undertaken or shall undertake the erecting and maintaining of the saids Manufactories or any one thereof gives and grants to them the priviledges and immunities following viz. all Spanish and forraigne fine wool for making of fine cloth shall be custome free Item all litster ware oyle and others necessaries for the use of the saids workes allanerly shall be free of all Customes and Impost Item all parcels of cloth Seyes and others made by any who have erected or shall erect any of the saids works shall be Custome and Impost free for the space of fifteene yeares after the erecting thereof Item the workers of the saids works erected or to be erected shall be free of any taxation or imposition to be imposed on the Kingdome for any occasion by-gone or to come Item it shall not bee leasome to any in the Kingdome to hire reset or entertain any of the servants of the said works without consent of the Masters thereof ACT LXV COMMISSION BY THE KING AND Parliament to the Lords of secret Councell 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament Considering that his Majestie being now actually present in his royall person in this his native and ancient Kingdom and willing before his returne to England where his Majesties more ordinat residence hath been heretofore and will apparently be in time coming to leave behind him such a pledge and testimony of his tender respect royall care and fatherly affection for establishing the good and happie governement of this his Majesties ancient Kingdome as in some measure may supply the want of his royall presence amongst them Hath to this effect out of his native goodnesse condescended
to an Act made in this present Session of Parliament with consent of the Estates whereby his Majesty for himselfe and his Successours hath willed enacted and ordained that now and in all time coming the Officers of State Lords of secret Councell and Lords of Session on whose care wisedome and fidelity in their severall judicatories which next unto the supreme Court of Parliament are the chiefe and principall judicatories depends the weal and happinesse of the government shall be chosen now and in all time comming by His Majesty and his Successours with advice and approbation of the Estates of Parliament when they are sitting and for the interim with advice of the Lords of secret Councell and Session respective as in the said Act of Parliament at more length is contained Therefore His Majesty hath with speciall advice and approbation of the saids Estates nominated elected and chosen the persons after following Lord Loudoun Chancellour Duke of Lennox Marquesse of Hammiltoun Earle of Argyle Earle Marshall Earle of Sutherland Earle of Mar Earle of Mortoun Earle of Eglintoun Earle of Cassils Earle of Glencairn Earle of Murray Earle of Pearth Earle of Dumfermling Earle of Wigtoun Earle of Kinghorne Earle of Roxburgh Earle of Sea-forth Earle of Lauderdaill Earle of Lothian Earle of Kinnowl Earle of Southesk Earle of Weymes Earle of Dalhoussie Earle of Finlater Earle of Lanerk Earle of Levin Lord Angus Lord Lindesay Lord Yester Lord Sinclair Lord Elphingstoun Lord Balmerino Lord Burghlie Lord Almond Lord Balcarras Clerk Register Advocate Justice Clerk Thesaurer Depute Master of Requests Sir Robert Gordoun Sir William Douglas Sir Patrike Hepburne Lord Dundas Lord Fintrie Lord Cambo Lord Dun Lord Innes Lord Morphie The Provest of Edinburgh for the time being and thir supernumerarie Councellors English viz. _____ Earle of Arundall _____ Earle of Pembroke Earle of Salisbury _____ Earle of Holland To whom or any nine of them by these supernumerary above named His Majesty with advice and consent of the said Estates hath committed and commits the administration and governement of this his Majesties native Kingdom in all affaires concerning the peace good and happinesse thereof which by the Lawes and Custome of this Kingdome pertaines to the judgement cognition and determination of his Majesties privie Councell with power to them or any nine of them as said is to meet and conveen at the place appoynted for the ordinair residence of his Majesties privie Councell within the burgh of Edinburgh or at any other place or places which by common consent in case of any necessity or urgent occasion thereof shall bee found most fit and convenient and there to advice consult deliberate conclude decerne and determine upon all and sundry affaires purposes and actions which may concerne the good and peace of the Kingdome according to the Lawes and Acts of Parliament established or to bee established within the famine and to heare decide and determine upon all causes and actions betwixt Subject and Subject proper to bee decided by the Lords of his Majesties privie Councell and that none bee present at their meetings but such as are of the privie Councell with the clerke of the privie Councell whom his Majesty with advice foresaid continues in his place as of before His Majesty with advice and consent foresaid hath likewise given and granted and by the tenour hereof gives and grants full power and Commission to the said Councell and every one of them upon any interveening occasion of disorder or trouble in such parts of the Countrey where they shall remaine for the time To command and charge the person or persons committers of such disorders to observe and keepe his Majesties peace and to charge the contraveeners thereof to enter their persons in ward in such part or places or within such a short space as the said Councellour shall think meet there to remaine till order bee taken by a full number of the Councell in the matter wherein they have offended Providing alwayes he be comptable to his Majesty and the rest of the Councell and that no just cause of complaint be heard against him And if the person or persons so charged to ward shall happen to disobey and contemn the charge his Majesty with advice and consent of the saids Estates declares that upon report thereof to the Councell a pecuniall summe shall be imposed upon the offender according to the quality of his person and nature of his offence and the Councell is to cause apprehend the offenders and commit them to ward with power likewise to the said Councell to make and set downe Acts and Ordinances for governement of the Kingdome and suppressing of disorders within the same With power likewise to the said Councell to give and appoynt Assessors to the Justice generall and his Deputies in case of necessity and to give warrant to the said Justice his Deputes and Assessors for continuing execution after conviction or for mitigating the punishment of the Law in criminall causes if the nature and quality of the crymes shall require to grant Commissions of Justiciarie in matters criminall other Commissions in matters concerning the weale of the Kingdome and al 's with power to them to give warrant to the said Justice generall his Deputes and others Commissioners foresaids for imponing of fines or pecuniall summes upon the crimes of Adultery bearing and wearing of Hagbuts and Pistolets usury and such other transgressours of the acts of Parliament where the punishment by the Law is inflicted upon body or goods or left to the arbitriment of the Judge And likewise with power to them to grant exemptions from hostes raids assises and licences for departing out of the Kingdome according to the conditions contained in the act of Parliament And alse with power to the said Councell in case an open and avowed rebellion shall happen to be raised within the said Kingdome which cannot be redressed but by force To give commission of Lieutenantrie and Justitiarie for repressing of the said rebellion and to direct charges to such parts of the countrey as they shall think fit for concurrence to be given in execution of the said commission and to give order and direction to furnish and advance the summes of money that shall be requisite in such expeditions With power likewise to the said Councell to raise the Session upon any interveening occasion or necessity and to appoint times and places of their downe sitting And generally with power to the said Councell to do use and exerce all and every thing which the Councell of the said Kingdome did or might have done the time of his Majesties late Father Providing alwayes like as his Majesty expresly provides with advice and consent foresaid that this Commission shall no wayes be prejudiciall to the commission of Exchequer And it is declared that any nine of the said Councell shall be a sufficient number and make a Session providing the Lord Chancellour be one of the nine and in case of the
absence of the said Lord Chancellour it is declared that it shall be lawfull to any nine or moe of the Councell conveened in the ordinar place and at the indicted time of meeting to choose one of the number conveened who shall preside at the meeting al 's oft as the Lord Chancellour shall be absent And his Majesty and Estates considering that the often absence of the most part of the Councell and their not attendance upon the charge and trust concreded unto them will be a great impediment and hinderance to his Majesties service Therefore his Majesty with advice foresaid declares that it is his speciall pleasure and command that the Lord Chancellour or President of the Councell to be elected as said is doe see and provide that the Councell be frequent specially in great and weighty matters of Estate And if upon occasion that requires the number of the Councell to be more full then the said Quorum the Lord Chancellour or President to be elected in manner foresaid shall write to such others of the Councell as they think fit to be present and give their attendance In which case if any disobey without a licence obtained from his Majesty or the Quorum of the Councell or without some reasonable cause either of which shall excuse their absence then and in that case his Majesty with advice foresaid wils that the absent shall be censured by the said Councell as a neglecter of his Majesties service and that his Majesty be advertised thereof And it is declared that if any of the saids Councellours places vaiks by decease dimission or deprivation that his Majestie in the interim shall nominate another of the same degree and quality in the vacant place with advice of the most part of the Lords of Privie Councell they being all present at the said election at the least lawfully warned to that effect upon fifteene dayes warning conforme to the Act of Parliament made thereanent Which election made in the interim as said is shall be allowed or disallowed by his Majestie with consent of the Estates in the next ensuing Parliament as they shall think expedient And al 's his Majesty with consent of the saids Estates gives power to the saids Lords of Secret Councell or any nine of them as said is to set down such rules and orders for their meetings and attendance and spaces and times thereof as they shall resolve appoint and ordaine amongst themselves And wils and declares that the saids Lords of Secret Councell now nominate as said is and these who shall be surrogate in their places in the interim in manner foresaid shall have bruik and enjoy their places ad vitam vel ad culpam and shall be liable to the censure of his Majesty and the Estates of Parliament anent their proceedings therein firme and stable holding whatever by the saids Lords or any nine of them as said is shall be lawfully done in the premisses And decernes and ordaines all his Majesties lieges and subjects to reverence acknowledge and obey the saids Lords of his Majesties councell in all things concerning the charge and trust committed to them as said is under all highest paine and charge which after may follow And this Commission to indure to the next Parliament and longer ay and while the same be expresly discharged ACT LXVI ACT DISCHARGING THE CUSTOME Of two and an halfe of the hundred and the Impost of foure pounds on the Tunne 17. November 1641. OUR Soveraign Lord and Estates of Parliament considering that the prices of all Merchandize doe daily rise to exceeding great dearths which is alledged to bee occasioned through extraordinary Customes and Impositions For remeed whereof his Majesty with advice and consent of his saids Estates doth discharge all and sundry whatsoever Customes and Impositions exacted by the Customers which are not allowed and approved by the Acts of Parliament and especially the late Custome of two and an halfe per Centum and late new Imposition of foure pound upon the Tunne of wine and all raising of his Majesties Customes directly or indirectly without consent of Parliament And because that the too much troubling of Merchant estate and drawing of Masters and Mariners from their ordinary charges doth much impede the trade Therefore his Majesty with advice and consent foresaid discharges the taking of Merchants Masters and Mariners oaths in the matter of Customes and to the end that the subject of trade may not be restrained with unnecessary customes therfore his Majesty with consent foresaid declares that all goods and Merchandize imported from forraine places to this kingdome and out paying inward Custome shall be free of all outward Custome according as is used in England and Ireland Like as his Majestie declares that he consented to the Act above written upon this condition that commission and warrant be granted to the Exchequer to establish the Booke of Rates according as the prices of merchandize now rules and his Majesty permitted the option to the Burrowes Whereupon the Burrowes having advised they made choice to be ruled by the Booke of Rates anent the Customes and consented that Commission should be granted to the Exchequer to establish the Booke of Rates according as the prices of Merchandize now rules In respect whereof our Soveraigne Lord and Estates of Parliament ordaine a Commission to be drawne up to the Exchequer to the effect foresaid and extracted thereupon for establishing the Booke of Rates according as the prices of Merchandize now rules And therefore our said Soveraigne Lord and Estates of Parliament ordaines the Act above mentioned to stand as a law in manner and to the effect before rehearsed ACT LXVII ACT IN FAVOURS OF MINORS ANENT The duties of the lands comprised from them 17. November 1641. OUR Soveraigne Lord with advice of Estates of Parliament ratifies and approves the Act of Parliament made in August 1621. cap. 6. in so farre as the famine concernes Minors and declares that the true meaning thereof was and is that Minors having right to the legall reversion should be no further obliged than during their minoritie of 21 yeares of age but allanerly for the annuall rent of the summes contained in the comprisings and that they tyne not the right of the superplus of the mailes and duties of the lands so farre as the famine exceeds the said annuall rents induring their said minoritie ACT LXVIII ACT ORDAINING THE COMMISSIONERS For the Thesaurarie 17. November 1641. OUR Soveraign Lord Considering that His Majesty was lately pleased to condescend to the humble desire of His Majesties Estates of Parliament to nominate by their advice and approbation His Officers of Estate of whom his Majesties high Thesaurer is one And that His Majesty for the present is not resolved upon the nomination of any particular person to enjoy the said place but hath with advice of the saids Estates taken present course to supply the want of a principall Thesaurer by a Committee Therefore His Majesty with consent
195 Ratification to the Marquesse of Hammiltoun of his infeftment of the Baronie of Monkland and patronage of the Kirks of Calder and Monkland 196 Ratification in favours of the Towne of Dunkeld 197 Ratification in favours of James Maxwell and the Laird of Barnes anent the light upon the May. 198 Ratification to the Earle of Dalhoussie of his tak of the teind sheaves of Abbots-hall 199 Ratification in favours of Alexander Gordoun of Earlestoun anent the right of his lands therein specified 200 Ratification to the Earle of Rothes of his pension of ten thousand pound Scots yeerly 201 Ratification to the Chirurgions and Barbers of Edinburgh of their liberties 202 Ratification in favours of the Burgh of Pebles 203 Ratification to the L. of Dun of the two taks set to him of the Customes of Montrose 204 Act in favours of the Hat-makers of Edinburgh anent thâ—â—â—bertie of an Overseer or Quarter-master 205 Ratification to John Forbes of Leslie of his decreet against the Laird of Haddo 206 Ratification to the Lord Fraser of his decreet against the Laird of Haddo 207 Ratification of the Sheriff-clerkship of Stirling in favours of John Williamson and Master David Forrester 208 Ratification in favours of the Burgh of Aberdene of the gift granted to them of the Kirk of Saint Nicolas teinds and patronage thereof 209 Ratification of the decreet dis-uniting Kirkmabrek and Kirkdail from Anveth 210 Ratification to the Laird of Keir of his tak of the teinds therein specified 211 Ratification to Master William Wardlaw of the gift of chalmerlanrie therein contained 212 Ratification to William Gordoun of Kirkconnell of his right of the lands of Drumconkrie 213 Ratification to the Minister at Donoone of the mortification of twelve hundred marks yeerly 214 Ratification to the Duke of Lennox of his gift and right of the temporalitie of the Bishoprick of Glasgow Baronie and Regalitie thereof 215 Ratification in favours of the Minister of Dornoch of the gift of eight hundred marks yeerly out of the rents of the Bishopricke of Caithnes 216 Ratification in favours of the Earle of Findlater of the Signatour granted to him of the office of Bayliarie of the Baronie of Strathzlay 217 Ratification in favours of the Burgh of Aberdene of their rights and infeftments 218 Ratification of the mortification of 1000. marks to the Minister at Glenluce and 200 marks to the School-master thereat 219 Ratification to John Malcome of the gift of Chalmerlanrie of the Stewartrie of Fife 220 Ratification in favours of Colonell John Leslie of his infeftment of the Myres 221 Act anent the election of the Hospitall of the Baronie of Barhalgardie 222 Ratification in favours of Alexander Maxwel of the lands of Dechmont 223 Ratification to master Hary Chaip of his infeftment of the lands of Ormestoun 224 Ratification in favours of the Towne of Edinburgh of the gift granted to them of the patronage of the Kirks of Halyrudhouse and North Leith 225 Ratification in favours of the Laird of Balfore of his infeftment of the teinds of Kilrinnie and others therein contained 226 Ratification in favours of John Innes of Lenchars of his gift of the bailliarie of Spynie and constabularie of the Castle thereof 227 Ratification to the minister of Dunkell of the Kings gift of a thousand Marks yearely 228 Ratification in favours of James Gordoun of his infeftment of the lands of Seatoun 229 Ratification in favours of the Parochioners of Markinsche of a decreet before the Commissioners for surrenders and teinds 230 Ratification in favours of the L. of Kinhalt of the lands of Drummoir and patronage of Kirkmadine 231 Ratification in favours of the burgh of Rutherglen 232 Ratification to Colonell Hammiltoun of his gift to be generall of the Artillery and gift of pension 233 Ratification to the beidmen of the Magdalene chappell of the mortification to them of an hundred and nine pounds sterling yearly out of the Bishoprick of Dunkell 234 Ratification to the Earle of Tullibardine of his rights and infeftments of the lands therein contained 235 Ratification to Master Alexander Wedderburne of his tak of the customes of Dundie 236 Ratification in favours of Sir William Dik of his right and infeftment of the lands and teinds of the Baronnie of Northbervik 237 Ratification to Sir William Dik of his tak of the viccarage teinds salmond herring and other fish teind betwixt Tyne and Skaitraw 238 Ratification to the L. of Wedderburne of his tak of the teind sheaves of kello c. 239 Ratification of the contract betwixt the Kings Majesty and the Earle Marshall anent the woodset of the Lordship of Deire 240. Act anent the erection of the Kirk of Longsyd 241 Ratification in favours of the laird of Panmure of his infeftment of the Lordship of Briechen and Navar and others therein contained 242 Ratification in favours of the Earle of Kinnoull of his infeftment of the Baronnie of Duplin with a dissolution 243 Ratification in favours of the Earle of Kinnoull of his infeftment of the Baronnie of Kinfawms 244 Ratification to the Earle of Kinnoull of a tak set by the Kings Majesty to him of the teinds of Consland 245 Ratification in favours of the Earle of Sea-forth of his Baronnie of the Lewes with a dissolution 246 Ratification in favours of James Pierson of his infeftment of the lands of Auchtermeggets 247 Ratification in favours of Sir John Hammiltoun of Orbestoun knight Justice Clerk of the lands of Orbestoun and others therein contained 248 Ratification in favours of William Gray of his infeftment of the Baronnies of Fouls and Forgund and of the patent of honour in favours of William master of Gray his son 249 Commission to the Earle of Montrose and Laird of Panmure of the Justiciarie of the fishings of the waters of North and South-esks 250 Ratification of an Infeftment in favours of the towne of Cromarty 251 Ratification of an Infeftment in favours of the towne of Innernes 252 Ratification of an Infeftment in favours of the towne of Rosmarkie 253 Ratification in favours of the towne of Breichen of their infeftment with a novo damus 254 Ratification in favours of the towne of Lanerk of their infeftment 255 Reference in favours of the Parishioners of Bers to the Commission for plantation of Kirkes 256 Ratification in favours of the Lord Couper of his lands of Cassiltown and Englishtown and others therein contained 257. Act in favours of the burgh of Selkirk anent a Faire to be holden therein yearely on the fourth of July 258 Ratification in favours of Sir James Balfoure of his infeftment of the Baronnie of Kinnaird 259 Ratification in favours of the laird of pluscardine of his infeftment of the lands of pluscardine and others therein contained 260 Ratification of the infeftment of the erection of the Lordship of Cardrose 261 Ratification in favours of Sir William Stewart younger of Gaimtullie of his infeftment of the lands of Strabrand 262 Ratification in favours of the L. of Nidrie
of his royall favour and bounty that the vassalls of ward lands holding of his sacred Majesty and of the Prince his highnesse may enjoy their former libertie with the benefite of his Majestie and his most noble progenitors their bounty and benevolence foresaid unprejudged or empared by foresaid act 1633. Therefore our said Soveraigne Lord and Estates of Parliament rescinds and annulls the foresaid 16. Act of his Majesties first Parliament in anno 1633. yeares intitulate Anent vassals holding ward And declares the famine Act to be null of none availe force strength nor effect in all time coming in so farre as the famine Act is or may bee extended to the lands holden ward of the King or Prince as said is And declares the vassals of the ward lands foresaids and others his Majesties Lieges and Subjects to bee in that same estate and condition and have the same libertie concerning ward lands which they had before the making of the said Act and as if the famine had never beene made Which our said Soveraign Lord Estates of Parliament declares to be extinct and of none availe force nor effect in all time hereafter ACT LIX ANENT THE BREADTH OF PLAIDING 16. November 1641. WHereas our Soveraign Lord and Estates presently assembled understanding that the plaiding of this Kingdom is one of the most ancient prime commodities thereof which of late through the inconstancy of the breadth is likely to become of no estimation abroade Therefore our Soveraign Lord with advice of the said Estates ordains the makers thereof to make the same of no lesse breadth then of three quarters of an elne under pain of confiscation of all that shal be found of a lesser breadth And farther understanding that the Lords of his Majesties Councell had for eschewing of the deceit in making thereof ordained the same to bee presented in Folds and not in Rols to the market as it was used of before Therefore his Majesty with consent and advice foresaid ratifies and approves the said Act of Councell dated at Edinburgh the twentie fourth day of March 1635. yeeres in all the heads clauses and circumstances thereof and ordaines the same to takefull execution and to stand as a law in all time coming ACT LX. ACT IN FAVOURS OF LAICK PATRONES Of Provestries Prebandries Chaplandries and Alterages 16. November 1641. OUR Soveraign Lord and Estates of Parliament Ratifies and approves the Act of Parliament made by King James the sixt His Majesties Father of eternall memory Par. 1. cap. 12. anent Provestries Prebandries Alterages Chaplandries and collegiall Kirks pertaining to laick Patrones together with the act of Parliament 12. cap. 158. ratifying the famine and ordaines the said acts to have full force and effect in all time comming With this declaration alwayes that in respect the vassals which held lands of the saids Provests Prebanders and others foresaids are put to a great uncertainty of their Superiours it not being knowne to them who are provided to the saids Provestries Prebandries Chaplandries Alterages and others foresaids by reason there is no publike Register to the which they may have recourse for knowledge and notice thereof and that the farthest that they can know by any registers is the infeftments and seasings made to these who are laick Patrons holding of His Majestie Therefore for securing of the vassals who hold Lands Mils Fishings Tenements annual rents of others whatsoever of the saids Provestries Prebandries of collegiall Kirks or of Chaplandries Alterages and others of that nature at any time of before It is Stature and ordained that the entry of the saids vassals by retour precept of clare constat resignation comprysing or other wayes whatsoever shall pertaine to the laick Patrones and their successours who stands infest in the said laick patronages holding immediately of His Majesty and that the entrie of the vassals by them shall be al 's vallid and sufficient to the saids vassals receivers thereof as if they were entered by the Titulars of the saids Provestries Prebandries Alterages Chaplandries and others foresaids and that the said laick Patrons shall be in all time comming in their places as superiour to the said vassals and to have the same power to give infeftments to his Majesties Subjects upon retour or by precept of clare constat or by resignation comprising or any other manner of way with gifts de novo damus and that without consent of persons provided or to be provided to the saids Provestries and Prebandries of collegiall Kirks Alterages Chaplandries or others titulars of collegiall Kirks and alse without consent of the chapter or convent of the said Prebandries therof or most part of the same which of before was in use and custome whereanent and anent all acts in the contrair his Majesty with consent foresaid dispences for ever reserving alwayes to the titulars of the saids Provestries Prebandries Alterages Chaplandries and others foresaids the fruits rents and emoluments of the saids Provestries Prebandries and others foresaids which are no wayes prejudged by this present Act. It is hereby father statute and ordained where there is any Prebandries Chaplandries Alterages or others foundations of that nature above mentioned founded and situate within any burgh royall of this Kingdome that the Provest Bayliffes and Councell of that Burgh where the famine are founded are and shall be in all time comming only indoubted Superiours by whom and by no others the vassals and tenants enter in manner above specified the Provest and Bayliffes being alwayes Patrons ACT LXI ACT DISCHARGING QUOTES OF Testaments 16. November 1641. OUR Soveraign Lord with advice and consent of the Estates of Parliament taking to consideration the great burden hurt and prejudice his Majesties lieges have sustained thir many years by-gone by exacting of great quote the time of the confirmation of the defuncts Testaments to the wasting and consuming of the means and estates of Minors in speciall and to the generall grievance of persons of all sorts Therefore our Soveraign Lord with consent foresaid out of his Highnesse gracious care and fatherly affection to the weal and ease of all his Majesties subjects statutes and ordains that no quote shall hereafter be payd by any of his Majesties subjects for any Testament of whatsoever qualitie to be confirmed by them And for that effect discharges all Commissars Commissars Clerks Fischals and others whom it effeirs not to exact nor uplift any quote for whatsoever Testament to be confirmed hereafter the party confirmer paying allanerly the other ordinar dues as appertaine ACT LXII COMMISSION FOR REGULATING OF Commissariates 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament hath given and granted and by the tenour hereof gives and grants full power and Commission to these persons who shall be nominate by the Lords of secret Councell to whom his Majestie and Estates of Parliament remits and refers the nomination of the Commissioners to the effect after specified or any five of the saids