ACTS MADE IN THE FIRST PARLIAMENT OF OUR MOST HIGH AND DREAD SOVERAIGN CHARLES BY THE GRACE OF GOD King of Great Britane France and Ireland Defender of the Faith c. Holden by Himself present in person with his Three Estates at Edinburgh upon the 28 day of June 1633. EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent Majestie Anno 1633. The Right Honble. Patrick HuÌ„me Earl of Marchmont ViscouÌ„nt of Blasonberry Lord Polwarth of Polwarth c. Lord High Chancelor of Scotland 1702. GOD AND MY RIGHT IN MY DEFFENCE ACT 1. ANENT THE TAXATION GRANTED TO His MAIESTIE of thirtie shillings Tearmly upon the pound Land and the sixteenth pennie of all Annuall-rents IN THE PARLIAMENT holden at Edinburgh the twenty eighth day of June the yeare of God 1633. THE THREE ESTATES of Parliament being assembled having taken to their consideration the many blessings which this nation doth enjoy under his Majesties most wise happy and peaceable government whereof each Estate is most sensible his Majesties royall zeale for propagating the Gospel of Jesus Christ his care for providing sufficient maintenance for the Clergie his extraordinary paines taken for uniting the disjoynted members of this Common-wealth and extirping of all roots of discords releeving the oppressed and with so eaven and fatherly a hand curing the wounds of this Common-wealth as the wisest eye can finde no blemish in the temper of all his royall actions And last the great comfort they have by enjoying his Majesties royall presence paines taken and expences disbursed by his Majestie in this his Majesties journey with a most thankfull acknowledgement are most earnestly and humbly to entreat his sacred Majestie to accept of this their voluntary offer of one taxation to be imposed collected and payed to his gracious Majestie in manner and at the termes following That is to say The Dukes Marquesses Earles Vicounts Lords and Commissioners of Shires for the temporall Estate have granted that there shall be uplifted of every pound land of old extent within this Kingdome pertaining to Dukes Marquesses Earles Vicounts Lords Barons and Freeholders and Fewers of his Majesties proper lands the summe of thirty shillings money at every one of the six severall termes following viz. The summe of thirty shillings money at the feast terme of Martinmas in the year of God 1634. The summe of other thirtie shillings mony at the feast and terme of Martinmas in the year of God 1635. The summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1636. The summe of other thirty shillings money at the feast and terme of Martinmas in the year of God 1637. The summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1638. And the summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1639. AND the Archbishops and Bishops for the spirituall Estate have granted that there shall be up-lifted of all Archbishopricks Bishopricks Abbacies Pryories and other inferiour â—enefices within this Kingdome at every one of the six termes above-specified the just taxation thereof as they have beene accustomed to be taxed unto in all time by-gone whensoever the Temporall lands of this Kingdome were stinted to thirty shillings the pound land of old extent And the same taxation to be payed at every one of the six severall termes above-specified AND the Commissioners of Burrows for their Estate have granted that there shall be uplifted of all the Burrows within this Kingdome at every one of the six termes above-specified the just taxation thereof as they have been accustomed to be taxed unto in all time by-gone whensoever the Temporall Lands of this Kingdome were stinted to thirty shillings the pound land of old extent And the said Taxation to be payed at every one of the six severall termes above-written AND in regard that his Majestie hath erected sundry Prelacies in temporall Lordships whereby the owners thereof may claime to be taxed with the Barons of the Temporall Estate and thereby his Majestie will be defrauded of a great part of the said Taxation THEREFORE THE SAID ESTATES ordaine that all erections of Prelacies and other small Benefices in whole or in part in Temporall Lordships shall in payment of the said Taxation pay to the Collectour thereof so much of the same Taxation pro rata as if they were no wayes erected and as they were subject to do before the erection of the same AND such like it is statute and ordained that all dissolved Benefices within this Kingdome in whole or in part shall be subject in payment of so much of the same taxation pro rata as they would have beene subject to pay though the same had not beene dissolved And that those parties who have gotten any part or portion of any Prelacies or other inferior Benefices dissolved new securities made unto them by his Majestie of that part and portion thereof so dissolved shall be subject in payment of the Taxation thereof to the Prelate or other beneficed person for his reliefe of the same Taxation as they would have been so the same had not beene dissolved notwithstanding of any condition contained in the infeofments and securities made by his Majestie to them in the contrary thereof AND FURTHER his Majestie and the said Estates annull and discharge all priviledges and immunities whatsoever whereby any persons may think themselves free of payment of this present Taxation The priviledges granted to the ordinary Lords and Senators of the Colledge of Justice and the taxation of Benefices given disponed and mortified for entertainment of the Universities Colledges and Hospitalls within this Kingdome onely excepted AND further the said Estates for a more ample testification of their exceeding great affection to his Majesties service have beside and attour the ordinary taxation above-written made a free and willing offer to his Majestie of one yearly extraordinarie taxation of the sixteenth penny of all annual rents which any person or persons within this Kingdome hath freely due and payable to them yearly or termly Their own annuall rents wherein they are adebted to others being first deduced The first termes payment whereof shall bee and begin at the Feast and terme of Martinmasse in the yeare of God one thousand six hundred thirty foure years and so forth yearly and termly at Whitsunday and Martinmasse for the space of six years while the said six years and twelve termes payment thereof bee full and completely out-run AND for the better triall of every man his annuall-rents which hee hath yearly or termly due to him It is ordained that this act be published at the Market Crosse of Edinburgh and of the whole head burrows of the Sheriffedomes Stewartries bayleries and Regalities within this Kingdome whereby all his Majesties Lieges may have true notice thereof AND therewithall the said Estates will command and ordaine all his Majesties subjects that have
incase that none shall conveen with them the said roll being then set downe by the Prelate Lord of erection Patron or other beneficed person or their lawfull Procuratours or incase of their absence being set down made and subscribed by the most part of the said Vassals Fewers Taks-men and Pensioners by themselves or their Procuratours as shall conveen themselves for this effect His Majestie and the said Estates discerne to be as lawfull in all respects as if the whole number of persons having interest therein had conveened made set down and subscribed the same which taxt-roll being set down made and subscribed in manner above-written and no otherwise and delivered to the Clerk of the taxation His Majestie and the said Estates ordaine him to give warrant for giving of letters of reliefe thereupon discharging him in any case to give warrant for giving of letters of reliefe upon any roll presented unto him not made and authentickly subscribed in forme above-written as he will answer to the contrarie upon his perill It is likewise statute and ordained that Taks-men of teynds shall have their reliefe of their subtaks-men pro tanto respect being had to the gersome payed by the said sub-taks-men AND â—OR INBRINGING of the Barrons and free-holders part of the same taxation and of the fewers and rent-tellers of our soveraigne Lords proper lands their parts thereof Ordaine letters to be direct charging all and sundrie Sheriffs Stewarts Bayliffs their Deputes and Clerks Fewers Chamberlanes and Rent-tellers of our Soveraigne Lords proper lands that they and every one of them within the bounds of their proper offices raise and uplift the summe of thirtie shillings money of this Realme of every pound land of old extent lying within the bounds of their jurisdictions for every one of the six termes above-specified And inbring and deliver the same to the collector foresaid or to his Deputes and Officers in his name having his power to receive the same at the particular tearmes above specified under the paine of rebellion c. And if they failye at the by-passing of every one of the said tearmes to denounce and escheat c. And for their relief that letters be direct charging all sundrie Dukes Earls Lords Barons Free-holders Fewers and Rentellers of our Soveraigne Lords proper lands personallie or at their dwelling places and by open proclamation at the Market crosse of the head burgh of the Sheriffdome Stewartrie Baylerie where their lands lye if they bee within the Kingdome and if they be without the Kingdome by open proclamation at the market crosse of Edinburgh peir and shore of Leith upon threescore dayes warning to make payment to the said Sheriffs Stewarts and Bayliffs their Deputes and Clerks Chamberlanes and receivers of our Soveraigne Lords proper lands every one of them for their own parts respectivè of the said summe of thirtie shillings money foresaid for every pound land of old extent pertaining to them for everie one of the said six termes payment Within twentie daies next after they bee charged thereto under the paine of rebellion c. And if they failye c. To denounce and escheat c. And if neede bee that the said Sheriffs Stewarts Bayliffs their Deputes and Clerkes Chamberlanes and Receivers of our Soveraigne Lords proper lands poynd and distrenyie the readiest goods and geare being upon the said lands therefore as they shall think most expedient And that the said Earles Lords Barons and Freeholders Fewers and rent-tallers of our soveraigne Lords proper Lands have letters for their reliefe to charge their Vassals Subvassals Ladies of Terce Conjunct-feears Life-renters to make payment of their parts of the said Taxation within twentie daies next after the charge under the paine of rebellion c. And if they failye c. To denounce c. And escheat c. And if need bee that they poynd and distrenyie therefore Providing alwaies that the first terms payment of the said Taxation be ever past before the next terme bee charged for AND for inbringing of the burrowes part of the same taxation ordains letters to be directed charging the Provest and Bayliffs of ilk Burgh to make payment of the taxt and stent thereof to the Collector generall aforesaid his Deputies and Officers in his name having his power to receive the same at the particular termes above-specified under the paine of rebellion c. And if they failye c. To denounce and escheat c. And for their reliefe that letters be direct charging the Provest Bayliffs and Councell within each burgh to conveene and elect certaine persons to stent their neighbours And the said election being made to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of every burgh and to conveene and set the same and make a stent roll thereupon as effeiris within twentie foure hours next after their charge under the paine of rebellion c. And if they failye c. To denounce and escheat c. And such like the said stent Roll being made and set downe as said is To charge the Burgesses In-dwellers and Inhabitants within ilk burgh to make payment of their part of the said stent to the said Provest and bayliffs conforme to the taxt roll to be given out thereupon within three dayes next after the charge under the paine of rebellion c. And if they failye c. To denounce c. and escheat c. And if need be that the said Provest and Bayliffs poynd and distrenyie therefore as they shall think most expedient IT IS alwaies provided that no person whatsoever be stented or taxt within burgh except according to the availe and quantitie of his rent living goods and geare which he hath within burgh no wayes respecting his lands nor possessions which he hath to Landward for the which hee will be obliged to pay taxation to other officers Providing alwaies that the first termes payment of the said taxation be ever past before the next terme be charged for ATTOUR His Majestie and his said Estates decerne and declare that the charges to be given for payment of the said taxation shall bee executed before the terms of payment above-specified for everie terms payment particularly by it selfe And that the denunciation of horning following thereupon shall not be execute untill the termes payment bee by-past and twentie daies thereafter Which denunciation so following upon the charges given before the said termes of payment His Majesty and Estates decerne and declare to be valid and sufficient And his MAIESTIE and the said Estates considering the great abuse which hath been used in all time by-gone by sundrie of the Lieges of this Kingdome against all good conscience in causing of their poore Farmerers Tenants and Labourers of the ground being removeable who are subject in payment of very deare Fermes and other duties to relieve them of the whole burden of by-gone taxations which hath been the occasion of
the victuall in ilk part of the Country compting for ilk hundred markes of the prices of the said victuallbeing redacted in money six markes for his Majesties annuitie Which Act is thereafter upon the twentieth of December 1631. ratified by the Lords of secret Councell And letters of horning and poynding ordained to be direct thereupon and thereafter ratified by the Lords of Exchequer upon the twentie third of the said moneth of December And his Majestie and Estates statute and ordaine the said annuitie forth of the teinds to be payed to his Majestie and his Successors of the said crop and year of God 1628. and of all yeares sensine and in time comming And that aswell out of the unvalued as valued teinds conforme to the tenours of the said Acts of convention secret Councell and Exchequer And ordaines letters of horning and poynding to be direct by the Lords of his Majesties Exchequer at the instance of his Majesties Thesaurer principall and depute for payment of the said annuitie of all years by-gone and in time comming And ordaines the Lords of his Majesties Exchequer to sit at all convenient times for granting and discussing of suspensions touching the said annuitie of teinds It is alwaies declared that the last clause and article contained in the said Act of annuitie whereby the Commissioners thinke fit that the said annuitie of teinds shall bee annexed to the crown is no waies ratified by this present act nor no clause thereof And that his Mie takes to his own gratious consideration what to do thereanent in whole or in part as his Mty in his royall wisdome shall think most expedient And whatever his Mtie shal do now or hereafter thereanent shal be as valid and effectual as if the same had been particularly exprest in this present act ACT XVI ANENT VASSALS HOLDING WARD OUR SOVERAIGNE LORD And Estates of this present Parliament ratifie and approve the Act of Parliament made by his Majesties um while Father of eternall memorie 18. Parliament cap. 12. Intitulate Act anent setting of fewes to sub-vassals of ward lands in the whole heads and articles thereof And farther his Majestie with consent of the said Estates hath extended and doth extend the said act of Parliament and benefit thereof in favour of his sacred Majestie and of the Prince of Scotland and their Successors in all time coming And statutes and ordaines that it shall no wayes bee lawfull to whatsoever Vassals holding lands of his Majestie or of the Prince of Scotland or of any Duke Marquesse Earl Vicount Lord Prelate Baron or any other person whatsoever holding their land of their Superiour by service of war and relief to set their said lands baronies milnes fishings or any other lands or haritages whatsomever holding ward as said is To any other person or persons in Few for payment of a Few-ferme dutie or in any manner of holding in prejudice of the said ward holding without speciall advice and consent of their superious of whom they hold the same respective And rescinds and annuls all former acts of Parliament of whatsomever date or tenor which may in any sort derogate to this present act And findes and declares that all and whatsomever infeftments to be granted otherwise without consent of the said superiours respective or their confirmation abtained thereto doth no wayes stop the ward of the said lands nor hinders the curse of recognition vacand or which shall happen to vake in the superiours hands incase of altenation of the same either of the whole or of the most part thereof according to the curse of the common Law without consent of their superiours but prejudice to their said superiours respective and their successors of the benefit of the said act of Parliament 1606 whereby all such infeftments and grants without consent as said is are declared to be null by way of action exception or reply Which clause shall stand in favour of his Majestie and in favour of the Prince and their Successors and other superious respective foresaid sicklike and in the same manner as if the said clause were insert in this present act and this act shall not be extended to deeds lawfull done in time by-gone before the date of this present act but onely ad futura ACT XVII ANENT THE RATE AND PRICE OF Teinds FOR SO MUCH As our Soveraigne LORD out of his Royall and Fatherly care tendering the publique good of this his ancient Kingdome did immediatly after his happie attaining to the Crown publish and give forth his Royall declaration anent the reforming of the abuses used in leading of teinds wherein his Majesties umwhile Father of eternall and blessed memorie laboured so much in his time and for provision and maintenance of Kirks and another pious uses forth of the said teinds And now his Majestie being by Gods gracious providence present in his Royall Person within this his Majesties ancient Kingdome and holding this his first Parliament of his whole Estates of the same with whom his Majestie hath advised and resolved to put that glorious worke anent the teinds to a full perfection THEREFORE His Majestie with consent of the three Estates by these presents statutes ordaines and declares that there shall be no teind-sheaves or other teinds Personage or Vicarage led and drawn within the Kingdome but that each heretor and life-renter of lands shall have the leading and drawing of their owne teind the same being first truely and lawfully valued and they paying therefore the price after-specified incase they be willing to buy the same or otherwise paying therefore the rate of teinde after specified Like as his Majestie and Estates find and declare that the just and true rate of teinds is and shall be the fift part of the constant rent which each land payeth in stock and teind where the same are valued joyntly and where the teinds are valued apart and severally that the just rate thereof is and shall be such as the same is already or shall be hereafter valued and proved before the said commissioners or subcommissioners deducing the fift part thereof for the ease of the heritors reserving alwayes liberty to such as shall finde themselves enormly hurt by the leading of the said valuations to persue for rectifying of the same before the commissioners appointed by his Majestie and Estates for that effect And also his Majestie with consent of the three Estates finds and declares that the price of all teinds which may be sold and annalied consisting either in money victuall or other bodies of goods is and shall be ruled and estimate according to nine yeers purchase the prices of victuall and other bodies of goods whereof the teind consists being redacted in money according to the worth and price of victuall and goods in each part of the countrey to the which the same is and shall be prized and estimate by his Majesties commissioners already appointed or to be appointed to that effect And findes and declares that each heritor in
of Ministers and others foresaid That a commission be granted by his Majestie with consent of the Estates and by authority of this present Parliament THEREFORE His Majestie with consent of the said Estates hath granted and by these presents granted full power and commission to the persons after following To wit Nine of the Clergie nine of the Nobilitie nine of the small Barons and nine of the Burgesses Together with my Lord Chancellour and eight officers of Estate viz. George Earle of Kinnowll Chancellour William Earle of Morton Thesaurer Iohn Archbishop of Saint Andros Thomas Earle of Handingtown Lord Privie Seale Patrick Archbishop of Glasgow William Earle of Marshall George Earle of Wintown Iohn Earle of Perth Iohn Earle of Kinghorne William Earle of Dumfreis William Earle of Sterling Secretary David Earle of Southask Iohn Earle of Traquar Thesaurer Depute Iohn Earle of Weymes Archibald Lord Napier George Lord Corstorpheine Alexander Bishop of Dunkell Iohn Bishop of Murray Iohn Bishop of Rose Adam Bishop of Dunblane David Bishop of Brichen Andro Bishop of Argyle George Bishop of Orknay Sir Iohn Hay Clerk of Register Sir Thomas Hope Advocate Sir George Elphingston Iustice Clerk Sir Iames Galloway Master of Requests Sir Robert Spotswood Sir Iames Learmouth Sir Iames Lokhart younger of Ley Sir Iohn Charters Sir Robert Grier Iohn Boyll of Kelburne Sir William Douglas of Cavers The Laird of Inchmartein the Laird of Lugtown Iohn Sinklar Iohn Maknacht Archibald Tod Edward Edger Master Alexander Guthrie Gabriel Cunighame Robert Tailyor William Mickle-Iohn and Master Robert Cuninghame or any fifteen of them there being three of every Estate with three of his Majesties officers of Estate Of which number of fifteen the Lords Chanceller The saurer and Privie seale Archbishops of Saint-Andrews or Glasgow Earle Marshall and Earle of Wintown or any one of them shall be one to meet and conveen at Holy-rude-house or Edinburgh at such times and places as they shall think fit And there to prosecute and follow forth the valuation of whatsover teinds personage or vicarage within the Kingdome which are as yet unvalued And also to receive the report from the Subcommissioners appointed within ilk Presbyterie of the valuations of whatsoever teinds led and deduced before them according to the tenor of the subcommissions direct to that effect And to allow or dissallow the same according as the same shall hee found agreeable or disagreeable from the tenour of their subcommissions And also with power to rectifie whatsoever valuations led or to be led to the enorme prejudice of the titulars and to the hurt and detriment or the Kirke and prejudice of the Ministers maintenance and provisions or of his Majesties annuitie and for the better expeding and advancing of the said valuations with power to appoint Committees or Subcommittees of their owne number To receive the reports of the said valuations made or to be made And to receive admit and examine witnesses and to take parties oathes with their depositions where the same is referred to oath And to give such farther power to the said Committees or Subcommittees of their owne number as they shall think fit for the good of the worke and speedy finishing of the same And sicklike with power to them if need be to appoint Subcommissioners not being of their own number within any parochin or Presbyterie of the Countrie for leading and deducing of the said valuations and to receive the reports thereof allow or disallow of the same And generally with power to them to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations rectifying thereof or finall closing of the same And sicklike with power to the said Commissioners or any fifteen of them as said is there being three of ilk Estate with any one of the persons of the quorum above-specified after the closing and allowance of the valuations of ilk Kirke and Parochin To appoint modifie and set downe a constant and locall stipend and maintenance to ilk Minister to be payed out of the teinds of ilk parochin according to the tenour of the acts above-specified Referring like as his Majestie referes with consent of the said Estates to the said commissioners the triall of the reasons and causes which may move the said Commissioners to goe beneath the quantitie of eight chalder of victuall or of eight hundred markes of money proportionally in manner contained in the said act And sicklike with power to the said Commissioners to divide ample and spatious parochines where the same shall found necessarie and expedient or to unite divers Kirks in whole or in part to others And to ratifie and allow after triall and consideration such union or dismembring of Parochines as hath been formerly made by vertue of the former Commissions And sicklike with power to them to appoint and prvoide for such other pious uses in each parochin as the estate thereof may beare And sicklike with power to the said Commissioners as said is to take order that every heritor and life-renter of lands shall have the leading of their own teinds parsonages and vicarages thereof they paying the price contained in the act above-specified incase they be willing to buy the same from the titular having power to sell or otherwise paying the rate of teind exprest in the foresaid act and to that effect with power to the said commissioners to set downe the prices of sellable teinds according to the worth thereof in each part of the countrey where the same grow and are bred and also with power to them to set downe such good and ample securities as may stand by law both for the buyers of teinds to the effect the titulars may be fully denuded in their favour And also for securitie to the titulars and sellers of the price due to be payed to them for the said teinds And also to set downe the securitie in favour of the titulars and of the Ministers so farre as concernes the maintenance assigned to them for good thankfull and timous payment of the rate of teind where the same are not or cannot be sold And sicklike with power to the said commissioners to discusse and determine all questions which may arise betwixt the titulars and heritors anent the price of teinds according to the nature and qualitie of the rights to be sold whether the same be heritable or temporall and to proportionate the price accordingly and also to divide the price of teinds betwixt heritors and life-renters thereof and betwixt titulars taksmen and others who have severall and distinct rights to the said teinds sellable according to the qualitie of their rights And also with power to them to cause the titulars who sell their said teinds to exhibit their rights and titles to the effect that they may be lawfully denuded thereof in favour of the said heritors and life-renters respective without prejudice alwayes to his Majesties annuitie to bee payed forth of the
sacred Majesty and Estates of Parliament presently conveened Remembring that at the first institution of the colledge of Justice and divers times thereafter in the Parliaments ratifying the same his Majesties royall Antecessors and Estates of the Realme then assembled found the erection of that honourable Consistorie which is a biding monument of the glorie of their reignes not onely to be most usefull for royall service but also necessary and profitable for the peace of the Kingdome and to the seene good and comfort of all the subjects And considering that the provision allowed of before to the Lords of Session was no wayes sufficient for defraying of their charges and that through their continuall attendance their private affaires are neglected and great losses thereby sustained by them THEREFORE and to the effect the said Senators and Lords of Session present and to come may be more encouraged to goe on and to persist as they doe in their zeale and affections to his Majesties service and in faithfull ministration of Justice to the generall weal of the Realme and all the Lieges The said Estates with the speciall approbation and gracious good liking of the Kings sacred Majestie have most freely condiscended statute enacted that a taxation be presently imposed upon their lands and meanes which with his Majesties consent foresaid they ordaine to be collected payed to the effect in manner and at the termes following That is to say The Duke Marquesses Earles Vicounts Lords and Commissioners of Shires for the temporall Estate have granted that there shall be up-lifted of every pound land of old extent within this Kingdome pertaining to Dukes Marquesses Vicounts Lords Barons and Free-holders and Fewars of his Majesties proper lands the sum of ten shillings money at every one of the foure termes following viz. The sum often shillings money at the feast and terme of Martinmasse next to come in this instant yeare of God 1633 yeares the sum of other ten shillings money at the feast and terme of Martinmasse 1634 yeares the sum of other ten shillings money at the feast and terme of Martinmasse 1635 yeares and the sum of other ten shillings money at the feast and terme of Martinmasse 1636 yeares And the Archbishops and Bishops for the spirituall Estate have granted that there shall be up-lifted of all Archbishopricks Bishopricks Abbacies Pryories and other inferior Benefices within this Kingdome at every one of the foure termes above-specified the just taxation thereof as they have beene accustomed to be taxed in all time by-gone whensoever the temporall lands of this Kingdome were stented to ten shillings the pound land of old extent And the same taxation to be payed at every one of the foure termes above-specified And the Commissioners of Burrowes for their Estate have granted that there shall be up-lifted of all the Burrowes within this Kingdome at everie one of the foure termes above-written the just taxation thereof as they have beene accustomed to be taxed unto in all time by-gone whensoever the temporall lands of this Kingdome were stented to ten shillings the pound land of old extent And the said taxation to be payed at every one of the said foure termes above-written And in regard that his Majestie hath erected sundrie Prelacies in temporall Lordships whereby the owners thereof may claime to be taxed with the Barons of the temporall Estate whereby the said Lords of the Session would be defrauded of a great part of the said taxation destinate and appointed as said is Therefore the said Estates ordaine that all erections of Prelacies and other small benefices in whole or in part in temporall Lordships shall in payment of the said taxation pay to the collectors thereof so much of the said taxation pro rata as if they were no wayes erected and as they were subject to doe before the erection of the same And sick like it is statute ordained that all dissolved benefices within this kingdome in whole or in part shall be subject in payment of so much of the same taxation pro rata as they would have beene subject to pay though the same had not beene dissolved And that the parties who have gotten any part or portion of any Prelacies or other inferior benefices dissolved and new securities made unto them by his Majestie of that part and portion thereof so dissolved shall be subject in payment of the taxation thereof to the Prelate or other beneficed person for his reliefe of the same taxation as they would have beene so the same had not beene dissolved notwithstanding of any condition contained in the Infeftments and securities made by his Majesty to them in the contrary thereof And farther the said Estates annull and discharge all priviledges and immunities whatsoever whereby any persons may thinke themselves free of payment of this present taxation the priviledges granted to the ordinary Lords and Senators of the Colledge of Justice and the taxation of the benefices given disponed and mortified for intertainment of the Universities Colledges and Hospitalls within this Kingdome onely excepted Attour our said Soveraigne Lord and Estates foresaid have given and granted and by these presents give and grant full power and authoritie to the said Lords of Session to nominate appoint and elect their owne Collectors one or moe as they shall thinke most expedient for up-lifting of the foresaid taxation to the effect foresaid Which summes of money after they shall be in-gathered as is before appointed Our Soveraigne Lord and the Estates foresaid destinate and ordaine to be mortified by imployment upon land heritably or for annual-rent or other sufficient securitie as may conveniently be found for the use and benefit of the said ordinarie Lords of Session present and to come To the effect that the yearely profit and annuall of the said lands or moneys as the same shall happen to be imployed may be received by them and their successors in their said offices yearely and termely after the termes of payment of the same and applyed to their behove in manner and conforme to the consuetude of the division of the yearely duety presently allowed and received by them and that by and attour the present provision and rents allotted to them by Parliaments heretofore And to that effect the said ordinary Lords of Session shall with all convenient diligence make subscribe and deliver to his Majesties Thesaurer principall deputie a sufficient and valide security by band or contract made by the sight and advice of his Majesties Advocate for imploying of the said taxation and whole benefit thereof in whole or in part as the same shall be up-lifted to the use and effect above-specified And ordaine the particular forme and manner of up-lifting and in-gathering of the said taxation and reliefe of the Prelats Lord of erections and other beneficed persons to be conforme to his Majesties owne taxation granted in this present Parliament in all points except in so farre as concerneth the particular day to be
of Orkney Anent the Vassalls of ward lands 12 Commission to the Councell anent the Ministers stipends of Edinburgh Anent the rebells within the Sheriffdomes of Elgine Forres Nairne and Innernesse Anent the erection of Stranraver in a free burgh and the burgh Wigtouns petition in the contrary Anent directing of letters against the inhabitants of the west and north Yles Anent the articles given in by the inhabitants of Orkney and Zetland Anent the prices of these writes that paste the Chancellarie Anent erecting of a Colledge of Physitians in Edinburgh 13 Commission to the Commissioners of surrenders anent the Kirks of Nisbet and Crailing 14 Act anent the dissolution of the Abbacies of Holy-rude-house and New-abbey 15 Act of rehabilitation of Frances Stewart with provision therein in favour of the Marques of Hamiltoun and sir Thomas Thomson 16 Protestation Bishop of Dunblane 17 Protestation sir Patrick Murray of Elibanke 18 Protestation Marquesse of Dowglas 19 Protestation Laird of Wauchtoun 20 Protestation sir Iames Lokhart younger of Ley. 21 Protestation sir Iames Maxwell of Calderwood 22 Act in favour of the Earles of Roxburgh Buckeleuch 23 Act in favour of Master Robert Craige for printing the booke called De feudis 24 Act in favour of William Dowglas of Cavers 25 Act of naturalization of certaiue noblemen and gentlemen of England 26 Act in favour of George Earle of Kinnoull Chancellor 27 Protestation Archbishop of Saint Andrews 28 Act in favour of the Duke of Lennox 29 Protestation Lord Lindesay 30 Act in favour of the Marques of Hamiltoun 31 Act in favour of the Marques of Hamiltoun 32 Act in favour of the Earle of Sutherland anent the regalitie and sherifship of Sutherland and making thereof a distinct sherifdome and erecting Dornoch in a free burgh Royall 33 Act in favour of the Earle Marshall 34 protestation Bishop of Murray 35 Act in favour of the Earle of Buchane for precedencie before certaine other Earles 36 Act in favour of the Earle of Buchane 37 Act in favour of the Earle of Galloway 38 Act in favour of Alexander Lord Gairlies 39 Act in favour of the Earle of Annandaill 40 Act in favour of the Earle of Annandaill 41 Act in favour of the Archbishop of Glasgow 42 Act in favour of the Bishop of Rosse anent annexation of Ferne to Rosse 43 Act in favour of the Bishop of Galloway 44 Act in favour of the Bishop of Dunblane 45 Act in favour of the Vniversitie of Saint Andrews 46 Act in favour of the Kings Colledge of Aberdeene 47 Act in favour of the Colledge of Glasgow 48 Act in favour of the Lord Lorne 49 Act in favour of the Lord Lorne 50 Act in favour of the Lord Lorne 51 Act in favour of the Lord Lorne 52 Act in favour of the Lord Yester 53 Act in favour of the Lord Lowdoun 54 Act in favour of the Lord Lowdoun 55 Act in favour of the Lord Napeir 56 Act in favour of the Lord Lindesay 57 Act in favour of the Burgh of Aberdeene 58 Act in favour of the Burgh of Glasgow 59 Protestation Chapter of Glasgow 60 Act in favour of the Burgh of Culrose 61 Act in favour of the Burgh of Hadingtoun 62 Act in favour of the Burgh of Bruntiland 63 Act in favour of the Burgh of Bamffe 64 Act in favour of the Burgh of Pittinweyme 65 Protestation Earle of Kelly 66 Act in favour of the Burgh of Selkirk 67 Protestation Marquesse of Dowglas 68 Protestation Earle of Roxburgh 69 Protestation Sheriffe of Forrest 70 Protestation Andrew Riddell 71 Act in favour of the Burgh of Air 72 Act in favour of the Burgh of Innernes 73 Protestation Earle of Murray 74 Protestation Lord Gordoun 75 Act in favour of the Burgh of Carraill 76 Protestation sir Iames Learmonth of Balcomy 77 Protestation Laird of Barnes 78 Act in favour of the Burgh of Kinghorne 79 Act in favour of the Burgh of Dumbartane 80 Act in favour of the Burgh of New-Galloway 81 Protestation Burgh of Kirkcudbright 82 Act in favour of the burgh of Lawder 83 Act in favour of sir Robert Dowglas of Spot 84 Act in favour of sir William Anstruther 85 Protestation Earle of Kellie 86 Protestation towne of Pittenwyme 87 Act in favour of the Laird of Panmoor 88 Act in favour of James Livingstoun of Beill 89 Act in favour of James Maxwell of Innerweik 90 Act in favour of the said James Maxwell and his spouse 91 Act in favour of the heires of Master Patrick Murray 92 Act in favour of William Murray 93 Protestation Vicount of Stormonth 94 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet 95 Act in favour of sir James Lockhart younger of Ley. 96 Act in favour of the said sir James Lockhart 97 Act in favour of sir Patrick Murray of Elibank 98 Act in favour of six John Dalmahoy 99 Act in favour of the Laird of Glenurquhy 100 Act in favour of Doctor Beatone and his spouse 101 Act in favour of Henrie Nisbet 102 Protestation Lord Balmerinoch 103 Act in favour of John Oliphant of Bachiltoun 104 Protestation Duke of Lennox 105 Act in favour of sir Iames Mac-Gill of Cranstoun Riddell Knight Baronet 106 Act in favour of sir Thomas Thomson of Dudinstoun Knight 107 Act in favour of the Laird of Swynton 108 Act in favour of Master Walter Quhytfuird 109 Act in favour of Master Walter Quhytfuird 110 Act in favour of the Laird of Philorth younger 111 Act in favour of the Laird of Cors-hill 112 Act in favour of Master Iames Bannatine of Newhall 113 Act in favour of Master Andrew Aytoun of Logy Advocate 114 Act in favour of sir Iames Hamiltoun of Preist-field 115 Protestation sir Thomas Thomson 116 Act in favour of Iohn Campbell Fear of Calder 117 Act in favour of sir Iohn Spottiswod of Darsie 118 Act in favour of the Laird of Pitsligâ— 119 Act in favour of the Laird of Edzell 120 Act in favour of the Laird of Rouchlaw 121 Act in favour of Iohn Sinklar of Stevinson 122 Act in favour of Thomas Crombie of Kemno 123 Act in favour of Patrick Mac-Gie of Larg 124 Protestation Archibald Stewart of Phintilloch 125 Act in favour of the Ministers of Port-Patrick 126 Protestation Laird of Kinhilt 127 Act in favour of sir Arthur Dowglas of Quhittinghame 128 Act in favour of Master william Drumond 129 Act in favour of the Skinners of Edinburgh 130 Act in favour of Master Iames Nicolson of Colbrandspeth 131 Act in favour of the Fewars of Innerask 132 Act in favour of Iames Scot of Gallowshiells 133 Protestation Earle of Roxburgh 134 Protestation Sheriffe of Forrest 135 Act in favour of the Laird of Bishoptoun 136 Protestation Earle of Lauderdail contra the Earle of Annandaill for prioritie of place 137 Act in favour of Master William Cuninghame of Broome-hill 138 Act in favour of Master Iames Raith of Edmistoun 139 Act in favour of the Laird of Tindall 140 Act in favour of Iohn Erskyne of
any annuall rents payable to them That they compeir within the head burgh of the Sheriffedome Stewartrie baylerie or Regalitie or the head burgh of any of those Jurisdictions wherein the head Courts are holden and where the said annuall renters dwell and have their ordinarie residence in any court day in one of the two last weeks immediately preceding and in one of the two first weeks immediately following Whitsunday and Martinmasse At which time the Sheriffs Stewards Bayliffs and Bayliffs of Regalities Provest and bayliffs of free burrows within the bounds of their Jurisdictions shal be obliged to hold Courts weekly to the effect after specified And the Lieges resorting to the said Courts shall give up one inventar to the Clerk thereof of the whole summes of money for which annuall rent is due to them yearly or termly with the names of their debtors designed by name and sirname and the ordinarie place of their residence As also the whole summes of money for which they are subject in payment of annual rents to others with the names of their creditors to whom the same is due designed likewise by name and sirname and the place of their ordinarie residence whether the same annuall rent be in victuall or in silver the annuall of victuall to be esteemed according to the stock of money for which it is payd at eight for ilk hundred thereof And shall cause the parties up-givers of the said inventars everie partie subscribe his own inventar himselfe if hee can write and if hee cannot write the Clerk of the said Court shall subscribe the said inventar in face of the court before the members thereof And also the sheriffs stewards bayliffs bayliffs of regalities provest and bayliffs of free burrowes within the bounds of their jurisdictions And the clerks themselves shall make and give up an inventar of the debts owing to themselves and by themselves as said is IT IS alwaies provided that if any person impedit by reason of sicknesse or distracted by some other just occasion shall not be present himselfe to give up the said inventar It shall be lawfull for him to cause any honest respons all man within the jurisdiction where hee dwels compeir and give up his inventar providing the same be subscribed by himselfe or any notar at his command which the ingiver shall declare to be one true deed and shall abide at the same upon the like hazzard and danger as the principall partie should underlye which shall be al 's sufficient as if the inventar had beene given personally up by the principall partie himselfe And an inventar being once made and given up shall still stand and be a ground to charge any person during the time of the six years of the said taxation unlesse the partie change or otherwaies employ his summes and then he shall give up a new inventar which shall be a new ground of a charge and the former shall cease And the said Clerke shall make a Record in his Register of the said whole inventars which inventars being so recorded shall bee extracted by the said Clerke and subscribed with his hand And three extracts made of the same one to be given to the partie if he require the same another to be sent by the said Clerke to the Collector of the same taxation and the third to be sent by the said Clerke to the CLERKE of His MAIESTIES REGISTER to be kept amongst the Records of his Majesties Exchequer to the intent it may bee knowne how far everie party is lyable in payment of the said extraordinarie taxation For the which extract and note made in Register the said Clerk shall have of every person up-giver of an inventar the summe of foure shillings money And if by sloth or malice the Clerke shall happen to delay or shift the Lieges resorting to the said courts to the effect foresaid complaint being made thereof to the Lords of his Majesties privie Councell the said Clerks shall bee punished accordingly at the discretion of the said Lords And at any court day in any of the said two weekes preceding or immediately following any terme it shall be leasome to any person to compeir and offer to give up his inventar hee making payment of the taxation due for the same which the Clerk and Judge shall be astricted to receive AND albeit it be declared that an inventar once given up shall still stand and bee a ground to charge any person during the whole termes of the said taxation except the same be changed in manner foresaid Yet because sundry who have this liberty delay to make payment of the taxation of their moneys after the time be expired THEREFORE it is provided and declared that if they failye to make payment of the due taxation of their moneys within twentie dayes after each terme that the partie so failying shal be subject in payment of the triple of the said taxation for each terme wherein he failyes and letters shall be direct against them for payment thereof in forme as effeiris FURTHER for the better observation of this Act It is declared that whosoever receives retaines or conditions to receive any annuall rent and concealeth the same or any part thereof Or in giving up his inventar of debts and annuals owing by him to his just creditors giveth up more than he is justly adebted the up-giver thereof shall forfeit that termes annuall to his Majesties use AND whosoever first discovers or reveales eyther the annuall concealed or annuall which is more than the up-givers just debt shall for his reward have the halfe of that terms concealed annuall and as much as the halfe of that annuall which shall be discovered to have beene unjustly given up AND in case it shall happen any person or persons whatsoever by vertue of his up-given inventar to be charged for payment of his taxation and at the time of his charge to declare in presence of a Judge by his great oath solemnly sworne that his debter is a bankrupt whereby he is disabled to make paiment of his taxation and is content the Kings Majestie shall have the whole annuall-rent adebted to him by his bankrupt debtor for that terme The said declaration shall bee a sufficient liberation to him of the same AND for eschewing of malicious dilators of those who have omitted or concealed their summes IT is ordained That whensoever any person shall accuse or dilate another of concealing or omitting of summes the time of making his inventar he shall condiscend upon some probable cause of his dilation and shall find caution de judicato solvi incase he fail in proving that which hee dilates And there shall no such actions of dilations bee lawfull against dead persons their heires nor executors except what the same hath beene intended before the said persons their decease Neither shall it be lawfull after year and day after the expiring of the said taxation to intend any such action AND incase any person purchase wodset
of Lands set the same back again in tak to him who wod-set the same The taklmen possessors of the Lands shall pay for the stent of the Lands the haver of the wod-set shal pay for the annual-rent of his money which he hath on the Land as if the same were imployed for annuall-rent ATTOUR it shall not be lawfull by no manner of way to any creditor to get reliefe of his debtor for this taxation which is imposed upon annuall-rents by this statute under the paines contained in the Acts of Parliament made anent Usurers AND concerning Minors it is declared That their minority shall no wayes priviledge them but their tutors and curators shall give up their inventars of their annuall-rents in their names which if the said tutors and curators failye to doe the said Minors shall incurre the like danger as others and at their perfect age shall have action of reliefe against the said tutors and curators for that cause AND incase any person depart out of this Kingdome after the publication of this present Act the same shall no wayes excuse him from giving up an inventar of his annuall-rents and payment of the said Taxation and underlying of the danger contained in this present Act. But they who are presently forth of this Kingdome and shall not returne before the tearme of Whitsunday in the year of God one thousand six hundered thirtie five they shall not come under the danger of this Act untill the tearm of Martinmasse thereafter providing that at that terme they give up their inventars and pay their Taxation as if they had beene present within the Kingdome before the foresaid terme of Martinmasse AND for uplifting of the same Taxation granted upon annuall-rents to the intent his Majesties generall Collector thereof may know whom to crave and charge for the same IT is statute and ordained that within every Sheriffdome Stewartrie Baylyerie and regalitie where the offices of Sheriffs Stewarts Bayliffs are heritable and the Provest and Bayliffs of free Burrowes these heritable officers and their deputes for whom they shall bee holden to answer and Provest and Bailieffs of free Burrowes shall collect the said Taxation and make payment thereof to his Majesties Collector generall of his said Taxations And where these offices of Sheriffs Stewarts and Bayliffs are not heritable but changeable The Clerks within the said jurisdictions having their offices ad vitam shall bee collectors thereof And incase the said Clerks have not already found sufficient caution for discharging of their offices they shall bee holden before they have any intromission with the same Taxation or exercise their office of Sheriff Clerk after the foresaid terme of Martinmasse in the year of God one thousand six hundered thirtie four years to find sufficient caution for that effect AND where there are no heritable Officers nor Clerks having their offices ad vitam and have not found caution in manner abovewritten the said Collector generall of his Majesties Taxation and his Deputes in his name sufficiently authorized by him and for whom hee shall bee holden to answer And whose name hee shall cause publish at the Market crosse of the head Burgh of that jurisdiction where there is no heritable Officers nor Clerks ad vitam that his Majesties Lieges may know to whom they shall make payment shall collect and uplift the same Taxation which payment being made the receiver thereof shall bee obliged to deliver to the payer thereof an acquittance upon the receipt of the same gratis without payment of any money for the same IT IS likewise provided that the fees of the collectors and receivers of the same Taxation of annuall-rents shall be likeas hereby they are remitted to the discretion arbitrement of the Lords of his Majesties privie Councell to bee let downe and agreed upon by them AND and the said Estates hereby discerne and declare that all burgesses and freemen within burgh albeit they be taxed in the ordinary Taxation above written with their neighbours conforme to the order prescribed for collecting of the burrowes part of the said ordinary Taxation yet the same shall no wayes liberate nor free them from payment of their parts of the said extraordinary Taxation according to the proportion of the sixteenth penny of their annuall-rents but shall bee lyable in payment thereof as others his Majesties Lieges are ATTOUR the said Estates aunuall and discharge all priviledges and immunities whatsoever whereby any person may thinke themselves free of payment of any part of this present extraordinary Taxation the priviledges and immunities granted to the ordinary Lords of Session with the annuall-rents due to be payed to Colledges Schools and Hospitalls or mortified for sustentation and upholding of Kirks and bridges with the annuall-rent that might bee claimed of poor People whose stock exceeds not the summe of five hundred Merks Scots only excepted ACT II. ANENT THE COLLECTING AND IN-Bringing of the Taxation and reliefe to Prelates IN THE PARLIAMENT Holden at Edinburgh upon the twentie eight day of June the year of God 1633. THE THREE ESTATES of the said Parliament being assembled having taken to their consideration the many blessings wch this nation doth enjoy under his Majesties most wise happy and peaceable government whereof each Estate is most sensible his Majesties royall zeale for propagating the Gospel of Jesus Christ his care for providing sufficient maintenance for the Clergie his extraordinary paines taken for uniting the disjoynted members of this Common-wealth and extirping of all roots of discords relieving the oppressed and with so eaven and fatherly a hand curing the wounds of this Common-wealth as the wisest eye can finde no blemish in the temper of all his royall actions And last the great comfort they have had by enjoying his Majesties royall presence paines taken expences disbursed by his Majestie in this his Majesties journey with a most thankfull acknowledgement are most earnestly and humbly to entreat his sacred mtie. to accept of this their voluntary offer of one taxation ordinary to be imposed collected and payed to his gracious Mtie in maner and at the termes following That is to say The summe of thirtie shillings money at the feast and terme of Martinmasse in the yeare of God 1634. The summe of other thirtie shillings money at the feast and terme of Martinmasse 1635. The summe of other thirtie shillings money at the feast and terme of Martinmasse 1636. The summe of other thirtie shillings money at the feast and terme of Martinmasse 1637. The summe of other thirtie shillings money at the feast and terme of Martinmasse 1638. And the summe of other thirtie shillings money at the feast and terme of Martinmasse 1639. AND for the spirituall men and burrowes parts of the same taxation That there shall be uplifted of everie Archbishoprick Bishoprick Abbacie Pryorie and other inferiour benefice and of everie free burgh within this kingdome at everie one of the said six termes payment the just taxation thereof and as
the acts of Parliament and lawes of the Kingdome and to the principalitie unlawfully disponed by his Majesties predecessors against the acts of Parliament and lawes of this Kingdome and to the reduction of whatsoever erections of whatsoever benefices spirituality or temporality thereof against the lawes acts of Parliament to the reduction of whatsoever patronages of kirkes pertaining to his Majestie and his predecessors unlawfully disponed by them against the acts of Parliament and against unlawfull dispositions of whatsoever lands teinds or rents doted to Hospitalities or mason-dieus and unlawfullie disponed against the acts of Parliament and against Regalities and heritable offices unlawfullie disponed contrarie the acts of Parliament and against all changed tenors of holding from ward to blensh or taxt ward granted by the Kings and Princes in their minorities and not granted or ratified by any king or prince being major with this declaration like as the said Lords declare that the same shall not prejudge any person whatsoever of their lawfull defence competent to them against any action to be intended hereafter at his Majesties instance and his successors except in so far as concerne the said act of prescription whereupon the said Lords declare that no exception shall be founded in prejudice of his Majestie and his successors concerning the premisses Followeth the tenor of the Act of Secret Councell Apud Holy-rude-house vicesimo sexto die mensis Maii anno Domini millesimo sexcentesimo tricesimo THE which day in presence of the Lords of Secret Councell compeared personally Sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and gave in the act of Session underwritten made in favour of his Majestie anent the Interruption of the act of prescription and desired the same to be insert and registrate in the bookes of privie Councell and the Lords authoritie to be interponed thereto which act of Session being read heard and considered by the said Lords and they being there-with and with the desire of the said Advocate well advised the Lords of Secret Councell thinke the course and order taken by the said Lords of Session for interrupting of the said act of prescription to be just and reasonable And therefore they ordaine the said act of Session to be insert and registrate in the bookes of privie Councell whereof the tenor followeth At Edinburgh the penult day of March the yeare of God 1630 years The which day in presence of the Lords of Councell compeared personally Sir Thomas Hope of Craige-hall Knight Baronet his Majesties Advocate and presented a Letter direct from his sacred Majestie whereof the tenor followeth CHARLES REX Right trustie and right well-beloved Cousin and Counceller and right trustie and well-beloved We greet you well Whereas by act of Parliament made in the moneth of June 1617 yeares All heritable rights cled with fourtie yeares possession are declared to be irreduceable in all time coming except the same be quarrelled within the space of fourtie yeares and by the same act there is libertie granted to all persons who might be prejudged by the said prescription of fourtie yeares already run and expired before the date of the said act To intend their actions within the space of thirteene yeares after the date of the said act And whereas We shortly after the decease of our dearest Father of eternall memorie made our generall revocation in the moneth of October 1625. Which revocation we by two speciall Letters of declaration one of the date at White-hall the twenty sixth day of January 1626 yeares And registrate in the bookes of our secret Councell the ninth day of February 1626 yeares And another of the date at Wainsteed the eleventh day of July 1626 yeares and registrate in the bookes of our secret Councell upon the twentie one day of July 1626 yeares Have restricted to the annulling of rights of the propertie of our Crowne as well annexed as unannexed whereof accompt hath beene made in our Exchequer and of the Principality unlawfully disponed by our predecessors against the lawes and acts then standing and to the annulling of erections other dispositions of whatsoever lands teinds patronages and benefices formerly belonging to the kirke and since annexed to the crowne And of any other lands and patronages which any wayes should justly belong to the kirke or crown and of whatsoever lands and benefices mortified and devoted to pious uses and of Regalities heritable offices and of the change of holdings from the ancient holding of ward and reliefe to blensh and taxt ward since the yeare of God 1540 yeares And because we were unwilling to enter in processe with our Subjects anent the premisses but rather desired to take a faire course with all such as would voluntarily treat with Us or our commssioners there-anent THEREFORE We were pleased by our commission of the date at White-hall the seventeenth day of Januarie 1627 yeares To appoint certain of our Nobilitie Clergie Gentrie Barons and Burrowes to be commssioners to treat and deal betwixt Us and our Subjects in the premisses And albeit the said commission hath made a good progresse in the said matter of erections and teinds and that a great number of our subjects having interest therein have subscribed unto us generall submissions whereupon We have given forth our severall determinations for the good of our subjects and establishing the perpetuall quietnesse and peace of that our ancient Kingdome Yet it is certaine that many of these who have interest in erections and teinds lye forth and have not subscribed the said generall submissions Like as also the remanent points of our said commission anent the patronage of kirks rights infeftments of our Propertie and Principalitie Regalities Heritable office and Changed tenour of holdings in blensh or taxt Wards are not as yet begun to be handled and treated and cannot possibly be finished and closed before the expiring of the time and yeares of the interruption allowed by the said act And because we will not suffer our self nor our successors to be prejudged by delay of the execution of the said commission of the lawfull actions competent to Us them for reducing such rights of the premisses unto the which we have undoubted interest And seeing a multitude cannot be commodiously summoned and warned personally and at their dwelling places in so short time as is to run of the said time of prescription Therefore and for preservation of our rights and actions competent of Us and our successors anent the premisses necessarie it is that some solemne Act be done by Us to testifie our will and resolution to prosecute our said actions in the owne time if the same be not taken away and removed by the said commission which we thinke cannot be more properly and conveniently done nor by inserting of that our declaration in your bookes of Session and directing of Letters of publication thereupon certifying all our Lieges who have interest in the premisses by open proclamation at the
appointed to the Vassals for conveening with the Prelats Lords of erections and other beneficed persons for appointing and setting downe of their due and right proportions of the said taxations which they ordaine to be upon the seventeenth day of September next to come which is declared to be the precise day of meeting to the effect foresaid And that no farther citation nor summoning shall be requisite to that effect than the publication and proclamation of this present Act at the market Crosses of the head Burrowes of this Realme and holdeth the whole remnant clauses and provisions of the Act of reliefe of his Majesties taxations as here repeated And ordaines letters to be direct hereupon ACT XXIII RATIFICATION OF THE LIBERTIES Of the Colledge of Justice OUR SOVERAIGNE LORD With advice and consent of the Estates of Parliament ratifies approves and confirmes all Acts of Parliament gifts grants donations whatsoever of all priviledges freedomes and immunities made given granted or conceived in favour of the Senatours of the Colledge of Justice by any of his Majesties Royall Predecessors or in any Parlialiament holden by them dispensing alwayes with the generalitie hereof And holding this generall ratification as sufficient as if the whole priviledges freedomes and immunities Acts and grants thereof were specially and at length insert hereintill ACT XXIIII RATIFICATION OF THE PRIVILEDGES Of the free Royall Burrowes OUR SOVERAIGNE LORD And Estates of this present Parliament Have ratified and approved and by the tenour hereof ratifie and approve of new all acts and constitutions of Parliament made by his Majesties Predecessours in favour of the free burrowes of this Realme and Burgesses and inhabitants within the same with all priviledges freedomes liberties and immunities granted and given to the whole burrows in generall in any time by past by any of our Soveraigne Lord his Majesties noble Progenitors with all that hath followed or may follow thereupon And decernes and declares the same to have full strength force and effect in all times hereafter so that the same may be put to full and due execution in all points And specially without prejudice of the generalitie above-written His Majestie and Estates ratifie the Act of Parliament made by his Highnesse Grandfather umwhile King Iames the third 1466. His second Parliament Cap. 11 Ordaining that none saile nor passe in Merchandise out of the realme but Freemen Burgesses dwelling within Burgh or their familiar factors servants being with them in houshold at meat and drink excepting and reserving to the Prelates Lords Barons and Clerks as in the said act is contained and all other exceptions contained in any act of Parliament in force preceding the day and date hereof And siclike the Act of Parliament made by King Iames the fourth of worthie memorie in the Parliament holden at Edinburgh the eleventh day of March 1503 yeares Cap. 84. Ordaining that no person dwelling out of Burrowes use any merchandise nor yet buy nor sell wine wax silkes spicerie wad nor siclike stuffe nor yet staple goods And that none pack nor pill in Leith nor other places without the Kings burrowes under the paine of escheat of the goods that bee topped sould packed or pilled contrary to that statute And siclike the 152 Act of umwhile King Iames the sixth His 12. Parliament Ordaining that no person exercise the traffique of Merchandise but Burgesses of free burrows under paine of escheat of their whole goods and geare the one halfe to his Majestie and the other halfe to the burgh apprehender And giving power to every burgh by themselves or a collector or commissioner depute by them to search the said unfree mens goods intromet therewith as escheat eyther within the Country or any other part to arrest call follow and pursue before unsuspect Bailiffs to bee creat by them As also the Sixth Act of King JAMES the Sixth His ninth Parliament Ordaining letters of horning to be direct against unfree men not being burgesses of the free royall Burrowes to finde caution for desisting from usurping of their liberties in all the heads clauses articles and circumstances thereof Like as his Majestie and Estates declare that the said liberties and priviledges mentioned in the said Acts are onely proper and competent to the free Burrowes Royall that have vote in Parliament and beare burden with the rest of the burrowes and to no others Prohibiting and discharging all persons who are not burgesses of the said free Royall Burrowes and beare not burden with the rest Of all using and exercising of the liberties and priviledges foresaid in all time comming And ordaine that letters of horning may bee direct by the Lords of Councell at the instance of all burrowes upon the foresaid Priviledges and former Acts of Parliament made thereupon And this present Act in all times to come for putting of the same to due execution with all rigour against them that do or come in the contrary of the Acts and Priviledges foresaid without calling of any partie ACT XXV RATIFICATION OF THE ACTS MADE In favour of the Justices of peace and their Constables and Commission to the Lords of Secret Councell thereanent OUR SOVERAIGNE LORD And Estates of Parliament ratifie approve and confirme the eighth Act of the twentie two Parliament holden by King Iames the Sixth of eternall memorie Intitulate Anent the Justices for keeping of the Kings peace and their Constables In the whole heads articles and clauses therein contained admitting the generalitie hereof to be als valid and sufficient as if the same were all herein per expressum ingrost Attour his Majestie and Estates foresaid give full power authoritie and commission to the Lords of his Majesties privie Councell to set downe and impose penalties upon such of the Justices of peace as shall not keep and observe the diets prefixed for their severall and particular meetings And with power likewise to the said Lords of privie Councell to enlarge and amplifie the power and authoritie of the said Justices of peace if they shall finde it necessarie and expedient and what they shall decrete and determine thereanent finde and declare that the same shall have the force strength and power of an act of Parliament ACT XXVI EXPLANATION OF THE ACTS OF PARliament made in favour of the Lords of session anent twelve pennies of the pound to be payed in decretes to be given by the said Lords hereafter OUR SOVERAIGNE LORD And Estates of Parliament for explanation of the former acts of Parliament made in favour of the Lords of session anent twelve pennies of the pound Statute and ordaine that whensoever the said Lords shall decerne ordain 12 pennies of the pound to be payd in any decrete or sentence to be given or pronounced by them at any time hereafter The same shall no wayes be payed by the parties purchasers and obtainers of the said decretes and sentences but by these parties alennerly against whom the said decretes and sentences shall happen to be obtained and purchased And the
heavie oppression of many of his Majesties good subjects who dwell near to the part where they resort speciallie in the Sherifdome of Perth Sterling Clackmannan Monteith Lennox Angus and Mernes Therefore for the timous preventing of the disorder and oppression that may fall out by the said name Clan of Mac-Gregour and their followers and for farther suppressing of them Ratifie and approve all Acts of Councell and Acts of Parliament made and granted heretofore against the said wicked and rebellious Clan of Mac-Gregour And farther his Majestie and Estates of Parliament statute and ordaine that the said name of Clan-Gregour and every one of them as they come to the age of sixteene yeares shall thereafter yearely give their compearance before the Lords of privie Councell upon the twenty fourth day of July if it be a lawfull Councell day failyieing thereof the next Councell day thereafter there find caution for their good behaviour obedience in all time coming And take to them some other sirname conforme to the acts of Councell alreadie made there-anent And if they faile in not compearance as said is and goe to the horne that then it shall be lawfull to any of his Majesties Lieges to take and apprehend them and present them to the Sheriffe of the Shire or his deputes or to the Stewarts of the Stewartrie or their deputes to the effect they may be presented before the Lords of privie Councell there to be taken order with as effeiris And if it shall happen any of his Highnesse good Subjects in taking any of the said Clan-Gregour being put to the horn as said is to hurt mutilate or slay any of them the partie who shall happen so to do their complices shall no wayes be subject nor lyable to law therefore nor incurre any paine or skathe in body or goods and shall be free of all pursuit criminall or civill to be intended against them at the instance of his Highnesse Advocate or any other partie But the same shall be holden and repute as good service done to his Majestie And farther our said Soveraigne LORD and Estates foresaid for the better extinguishing and extirpating of the said wicked and lawlesse Limmers Statute and ordaine that no Minister nor Preachers within the bounds of the High-lands or next bordering countreys thereto Banffe Innernes or regalitie of Spynie or Elgin Forres shall at any time hereafter baptize and christen any male childe with the name of Gregour under the paine of deprivation and that no Clerke or Notar in any time coming shall make or subscribe any band or other securitie under the name of Gregour or Mac-Gregour under the paine of deprivation And siclike statute and ordaine that all and whatsoever of the said Clan-Gregour that shall happen to bee within the said Kingdome upon the fifteenth day of March next to come shall give their compearance before the Lords of privie Councell at Edinburgh or where it shall happen them to bee for the time or the next Councell day thereafter To the effect that such of them as have alreadie found caution and whose cautioners are dead may finde new caution for their good behaviour in time coming And such of them who have never found caution may finde caution and suretie for their obedience in time coming with certification to them if they doe not compeare and that the Lords of privie Councell for their disobedience shall direct letters of horning against them or any of them and that they therefore be put to the horne that then it shall bee lawfull to any of his Majesties good Subjects to take and apprehend them where ever they may bee had and put them to the next Sheriffe Stewart Bayliffe of regalitie or their deputes To any of the Justices of peace or to the Provest and Bayliffs of Burrowes to the effect they may present them before the Lords of his Majesties privie Councell that such order may bee taken with the said rebels as the said Lords shall thinke expedient And farther our said Soveraigne Lord declares that if any of his Highnesse good subjects shall happen in intaking of the said rebels to hurt mutilate or slay any of them the partie who shall happen so to doe and their complices shall no wayes bee subject nor lyable to law therefore nor incurre any paine or skathe in their bodie or goods and shall bee free of all pursute criminall or civill to be intended against them at the instance of his Highnesse Advocate or any other partie But the same shall bee holden as good service done to his Majestie And likewise his Majestie and Estates foresaid statute and ordaine that if any of the said Clan-Gregour who shall happen to have compeared and found caution in manner above-specified bee found masterlesse in time coming having neither possessions nor callings whereupon to live nor will not take them to service That it shall bee lawfull to any of his Highnesse good subjects to take and apprehend them and present them to the next Sheriffe Stewart Bayliffe of Regalitie and their deputes or to the Provest and Bayliâ—es of Burrowes and that they may present them to the Lords and others of his Highnesse Councell there to bee taken order with as they thinke meete And siclike his Majestie and Estates of Parliament statute and ordaine That if any of the said Clan-Gregour shall happen to bee put to the horne by letters of horning direct against them by the Lords of Councell for the cause above written And that publication bee made thereof by the said Lords to all his Majesties Lieges and at all places needfull That then whatsoever person or persons shall resate supply or intercommon with the said rebels or any of them or supply them with meate drinke lodging or weapons directly or indirectly or any other necessaries shall be punished in their bodies goods and geare as intercommoners with rebels and sorners conforme to the lawes of this Kingdome against intercommoners and sorners And also his Majestie with consent of the Estates foresaid statutes ordaines and commands all Sheriffes Stewarts Provests Bayliffes of Burrowes and Regalities and all and sundrie his Majesties good subjects to assist and concurre with any of his Highnesse good subjects who shall happen to be in pursute of the said rebels And ficlike statutes and ordaines the said Provests and Bayliffes of Burrowes and Bayliffes of Regalitie to receive from the hands of his Highnesse good subjects the said rebels who shall happen to be apprehended by them in manner foresaid put keepe and deteine them in sure ward and firmance aye and while they be presented before his Majsties Councell or Justice And lastly his Majestie and Estates foresaid for suppressing of the said lawlesse limmers and Clan of Mac-Gregour nominates and appoints the Sheriffes of the Sherifdomes of Perth Dumbartane Angus Mernes Stirling and Stewarts of the Stewartries of Stratherne Monteith Banffe Innernesse Elgin and Forres and their deputes and the Shireffe of Cromartie