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A11651 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.; Laws, etc. Scotland.; Hay, John, Sir, 1578-1654. 1650 (1650) STC 21902.5; Wing S1168A; ESTC S122278 68,062 76

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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-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
Balhagradie 141 Act in favour of the Laird of Makclachin 142 Act in favour of the Kirke of Pittinwyme 143 Act in favour of the Kirke of Eymouth 144 Act in favour of the Minister of Coldinghame 145 Act in favour of the Minister of Bruntiland 146 Act of dissolution of Lugtoun and Melvill from the Parish of Saint Andros and union thereof to Dalkeith and Laswade 147 Act anent the Parsonage of Dalkeith and payment of the taxation thereof 148 Act in favour of sir Richard Murray of Cokpull 149 Act in favour of the Minister of Colbrandspeth 150 Act in favour of sir Iohn Charters of Aimisfield 151 Act in favour of sir Patrick Hamiltoun ef little Prestoun 152 Act in favour of the Laird of Balvaird 153 Protestation Earle Annandail 154 Act in favour of Iohn Hamiltoun of Boghall and his spouse 155 Act in favour of William Lockhart of Carstairs 156 Protestation Marques of Hamiltoun 157 Protestation Marques of Dowglas 158 Protestation Archbishop of Glasgow 159 Act in favour of Master Robert Gordoun of Strealoch 160 Act disuniting the Kirkes of Ebdie and Newburgh 161 Act anent the erection of the Parish Kirke of Strechine 162 Protestation Lord Lundors 163 Act in favour of sir George Hamiltoun 164 Act uniting certaine lands to the Kirkes of Corstorphine and Hails 165 Act in favour of Iames Hay of Smithfield 166 Act in favour of sir Iames Balfour 167 Act in favour of Alexander Cuningham of Barnes 168 Protestation Archbishop of Saint Andrews 169 Act in favour of the Master of Elphingstoun 170 Act in favour of Master Alexander Keith of Benholme 171 Act dissolving foure prebendaries from the parish Kirke of Corstorphine to the Colledge Kirke thereof 172 Act in favour of sir Iohn Achmootie of Gosfuird 173 Act in favour of sir George Ogilvie of Bamffe 174 Protestation Doctor Philip contrary the act of erection of the Kirk of Kingsbarnes in favour of the Lord Lindesay 175 Protestation Earle Lauderdaill contra Iames Livingstoun of Beill 176 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet A TABLE OF THE PRINTED ACTES AND Lawes past in this first PARLIAMENT of our Soveraigne Lord King CHARLES c. and in what leafe and page the same is to be found 1 ANent the taxation granted to his Majestie of thirtie shillings termly upon the pound land and the sixteenth pennie of all annuall-rents pag. 3. 2 Anent the collecting and inbringing of the taxation and reliefe to prelates 9. 3 Anent his Majesties royall Prerogative and Apparell of Kirkemen 18. 4 Ratification of the Acts touching Religion ibid. 5 Ratification of the act of Councell anent the plantation of schools 19. 6 Anent the inverting of pious donations ibid. 7 Anent invading of Ministers 20. 8 Ratification of the act of Commission anent the Ministers provisions 21. 9 The Kings generall Revocation 22. 10 Anent annexation of his Majesties propertie 28. 11 Act of Dissolution 30. 12 Ratification of the act of Interruption 31. 13 Anent Regalities of erections 36. 14 Anent superiorities of Kirkelands 38. 15 Anent his Majesties annuitie of teinds 39. 16 Anent Vassals holding Ward 41. 17 Anent the rate and price of teinds 42. 18 Anent the Exchequer 44. 19 Commission for valuation of teinds not valued rectifying the valuation of the same already made and other particulars therein contained 45. 20 Anent the King his designation of the names to be insert in the Commissions anent the tithes and lawes 52. 21 Anent the annuall of eight to bee taken of ilk hundred in time to come alannerly suspending the same for three yeares and in the interim two of ten to bee payed for the said space to his Majestie ibid. 22 Anent the Lords of session their taxation of ten shillings to be imposed upon everie pound land of old extent 53. 23 Ratification of the liberties of the Colledge of Iustice pag. 56. 24 Ratification of the priviledges of the free royall burrows 57. 25 Ratification of the acts made in favour of the Iustices of peace and their Constables and Commission to the Lords of secret Councell thereanent 58. 26 Explanation of the Acts of Parliament made in favour of the Lords of session anent twelve pennies of the pound to be payed in decreets given by the said Lords hereafter 59. 27 Act pardon penall statutes ibid. 28 Ratification in favour of the Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland Canada in America priviledges therein contained and of the dignitie and order of knight baronets and act of convention of Estates made thereanent 60. 29 Act in favour of the Earle of Mortoun and the Lord Dalkeith his son anent the Loch of Levin preservation of the fishings thereof 61. 30 Act anent the Clan-Gregour 62. 31 Act in favour of his Majestie and Lieges intitulate Iure salvo cujuslibet 56. FINIS
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 Hūme Earl of Marchmont Viscoūnt 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 ●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
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
booking and extracting of the sentences shal not be stayed for the not payment making of the twelve pennies of the pound by the purchasers and obtainers of the said decretes ACT XXVII ANENT PARDON OF PENALL STATUTES OUR SOVERAIGNE LORD Considering that the precise and rigorous exaction of the pains arbitrarie and pecuniall adjected to penall statutes heretofore made would prove a burden to his Majesties lieges heavie and insupportable if by his Majesties grace and favour they should not be eased and liberate of the same In consideration whereof his Majestie in this his first Parliament holden in this his ancient and native Kingdome being willing to give ease and reliefe to his subjects of the foresaid burden Hath therefore been graciously pleased with consent of the Estates of Parliament to discharge freely pardon and remit and by these presents discharges freely pardons and remits all contraveeners of any of the said penall statutes for all deeds done by them contrary to the tenour of the same statutes in time by-gone Except only the statutes concerning wearing and bearing of hagbuts and pistols Taking of unlawfull usurie Transporting of mony and gold Slaying of red and black fish with the penalties incurred by the concealers of annuall-rents and wrongous up-givers of the inventars of their moneys Which are no waies discharged by this present act nor comprehended under the same ACT XXVIII RATIFICATION IN FAVOUR OF THE Vicount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland and Canada in America and Priviledges therein contained and of the dignity and order of Knight Baronets and Act of Convention of Estates made thereanent OUR SOVERAIGNE LORD And Estates of this present Parliament Ratifie and approve all letters Patents and Infeftments granted by King Iames the Sixth of blessed memorie or by our said Soveraigne Lord unto William Vicount of Sterling and to his heires and assignes of the Territories and Dominions of new Scotland and Canada in America and especially the Patent Charter and Infeftment granted by his Majesties umwhile dearest Father of worthie memorie of new Scotland of the date the tenth day of September the yeare of God 1621. Item another charter of the same granted by his Majestie under the great Seale of the the date the twelfth day of July 1625 years Item another Charter and infeftment granted by his Mie of the Countrie and Dominion of new Scotland under the great Seale of the date the third day of May 1627 yeares Item another Charter and Infeftment granted by his Majestie under the great Seale of the River and gulf of Canada bounds and priviledges thereof mentioned in the said Patent of the date the second day of Februarie 1628 years Item a Signature past under his Majesties hand of the said Countrie and Dominion which is to be with all diligence exped through the Seales of the date at Whitehall the twenty fourth day of Aprill 1633 years With all liberties priviledges honours jurisdictions and dignities respective therein mentioned Together also with all execution precepts instruments of seasings and seasings following or that shall happen to follow thereupon And also ratifies and approves the Act of generall Convention of Estates at Holy-rude-house the sixth day of July the year of God 1630. Whereby the said Estates have ratified approved the dignities order of knight Baronet With all the Acts of secret Counsell and Proclamations following thereupon made for maintaining of the said dignitie place and precedencie thereof And his Majestie and Estates foresaid will statute and ordaine that the said letters Patents Charters and Infeftments and the said dignitie title and order of Baronets and all letters patents and infeftments of Lands and dignities granted therewith to any person whatsoever shall stand and continue in full force with all liberties priviledges and precedencies thereof according to the tenour of the same And in als ample maner as if the bodies of the said letters patents infeftments signature above mentioned were herein particularly ingrost and exprest And ordaine intimation to be made hereof by open proclamation to all his Majesties Lieges at the market crosse of Edinburgh and other places needfull that none pretend ignorance hereof ACT XXIX IN FAVOUR OF THE EARLE OF Mortoun and the Lord Dalkeith his Sonne Anent the Loch of Levin and preservation of the fishings thereof OUR SOVERAIGNE LORD And Estates of this present Parliament considering that the Loch of Loch-Levin pertaines heritably in propertie to his Majesties right trustie Cousin and Counsellor William Earle of Mortoun Lord great Thesaurer of this Realme and Robert Lord Dalkeith his Sonne and that the said Loch is well plenished and furnished with Pykes Perches and Trouts of divers kinds And that when the fish ascend forth of the said Loch to the waters burnes and strypes that fall in the same to spawn therein There is great slaughter destruction of them committed by the country people about wherby the said Loch fishing thereof is not of such worth to the heritors of the said Loch nor to the countrey about as it would be if the said fishes were not slain in the said waters burnes strypes For remedy whereof his Majestie with advice consent of the Estates of this present Parliament statutes ordaines that none of his Majesties Lieges slay any Pyks Perches Trouts or any other fishes in the waters strypes or burns that fall in the said Loch or run forth thereof within the space of five miles to the said Loch under the paine of twentie pounds usuall money of this Realme to be payed by each contraveener toties quoties for each contravention and ordaines the said whole paines and unlawes of contravention to appertaine to the said Earle of Mortoun his said Son their heires and successours And by these presents gives and grants power and commission to them and their Bayliffes and Deputes to call before them within the towne of Kinroscher all persons suspect of slaying of the said fish within the said burnes waters Loch or strypes within the said space of five miles to the said Loch And as they shall be found guilty or innocent of slaying thereof to assoilyie them or unlaw them in the unlawes foresaid And to decerne and ordaine the persons convict to pay the same unlawes to the Proctour fiscall to be appointed for that effect by the said Earle of Mortoun his said son or their foresaids And ordaines letters of horning upon a simple charge of six dayes poynding and other letters and executorials requisit to be direct for payment to the said proctour fiscall of the said unlawes And ordaines publication to bee made hereof in forme as effeiris ACT XXX ANENT THE CLAN-GREGOUR OUR SOVERAIGNE LORD And three Estates of this present Parliament understanding that albeit by the great care of his Highnes umwhile dearest Father of eternal memory the Clan-Gregor was supprest and reduced to quietnesse yet of late they are broken forth againe to the
and his deputes and the Provests and Bayliffes of the Burrowes there The Earles of Errole Montros Athol Perth Tullibairdin Sea-fort Vicount of Stormonth Lord Ogilvie The Lairds of Glenurquhy Lawers Garntullie Weymes Glenlyon Glenfalloch Edinampill Grant or any of them his Majesties Justices in that part for setting trying and doing Justice upon the said rebels of Clan-Gregour or any of them and their complices who shall be apprehended by any of his Highnesse good subjects for theft sorning or slaughter with power to them to hold Courts proceed and minister Justice upon the said rebels apprehended as said is as accords And where ever his Majesties good subjects shall happen to apprehend any of the said rebels sorning commiting theft or slaughter and shall present them to the said Lords of Councell Justice or Justice generall or Commissioners above-specified or either of them the doer of that service shall have for his reward the moveable goods and geare of the offender taken and presented by him in manner foresaid ACT XXXI IN FAVOUR OF HIS MAJESTIE AND Lieges Intitulate Salvo jure cujuslibet OUR SOVERAIGNE LORD and Estates of Parliament declare that no particular Acts made in favour of any of his Majesties subjects at this present Parliament nor no acts of ratification made in their favour shall prejudge his Majestie nor his successours of the acts and statutes under written made in favour of his Majestie in this same Parliament viz. The act of his Majesties revocation The act anent the superiorities of erections The act anent regalities of erections and the acts made or ratified anent his Majesties annexed properties And his Majestie and Estates finde and declare the said particular acts and acts of ratification made in favour of any of his Majesties subjects in so far as the same or any of them may prejudge his Majestie or his successours of the said acts statutes made in his Majesties favour or of the benefit thereof in whole or in part to bee null and of none avail force nor effect by way of exception or reply And siclike statute and ordaine that the said particular acts and acts of ratification shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the making of the said particular acts and acts of ratification But that the Lords of Session and all other Judges shall bee obliged to judge betwixt the parties according to their rights standing in their person before the making of the said particular acts And that in respect the said particular acts and acts of ratification are made without hearing of parties having interest and therefore are made Salvo jure cujuslibet Like as his Majestie and Estates declare That this is was the true meaning of all the acts made in the preceding parliaments Intitulate Acts salvo jure cujuslibet Excepting alwayes forth of this present act a ratification of the mortification of the Abbacie of Dundrenan to the Chappell-royall in favour of the Bishop of Dunblane The act of ratification of the benefice of Failfuird with the pertinents granted to Master Walter Quytfuird with the act of dissolution of the Abbacies of Holy-rude-house and New-Abby all past in this present Parliament excepting also forth of this present act The act of ratification and dissolution made in favour of the Marquesse of Hamiltoun anent his right to the impost of the Wines new and old gifted by his Majestie to him for the space of sixteene yeares specified in his gifts and grants made to him thereupon and also excepting forth hereof the ratification of the contract past betwixt his Majestie and the Lord Lorne Anent the heritable office of Justiciarie within the bounds therein mentioned dated the third and twentie third day of April 1628 yeares And of the Charter under the great Seal precept and instrument of seizing following thereupon together with libertie of creation of Clerks members of court directing of precepts and letters of horning and power to denounce and with all other priviledges therein contained And siclike of the three severall acts of Councell and an act of Exchequer all relative to his rights of the said office of justiciarie and in favour of the said Lord Lorne Page 51 line 18. for respected read repeated Collected visied and extracted forth of the Book and Register of the Acts of Parliament by me Sir John Hay of Lands Knight Clerke of his Majesties Councell Register and Rolls Vnder my Signe and Subscription manuall JOHANNES HAY Clericus Registri FINIS A TABLE OF The Particular Acts and others exped and past in this first Parliament of our Soveraigne Lord Charles By the grace of God King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the twentie eight day of June 1633 yeares not imprinted 1 COmmission for serveying the Lawes 2 Commission anent the admiralitie and chamberlanry 3 Commission to the Lords of secret Councell for deciding the question betwixt the Shires of Perth Forfar and Fyfe and the burgh of Dundie anent the Ladle full of corne brought to their markets Anent the petition given in by the Tanners against the Lord Erskeine Anent Master David Wedderburnes Grammer Anent freedom of foggage pasturage c. to Ministers Anent reforming the malt-mens price betwixt the boll of beir and malt Anent establishing of correction houses Anent the mutuall interchange of forbidden goods betwixt Scotland and England Anent inbringing of manufactories Anent reformation of abuses in presenting playding to faires and markets Anent discharge of Robert Buchanes patent of the pearle and all otheir monopolies Anent reformation of bleatching of linen cloath Anent discharge of impositions upon victuall brought from forraine parts 4 Commission to the Lords of secret Councell anent the scarsitie of coyne of gold and silver within this Kingdome Anent the frequent course of Dollors and base copper money Anent the penaltie of the breakers of cthe Act of Parliament anent metts and measures Anent addition to the booke of rates of the prices to be taken by the Clerke of the bills for allowance of comprisings 5 Protestation by his Majestie anent the coyne 6 Commission to the Lords of secret Councell anent the petition presented by John Lord Torphichen in Parliament 7 Commission to the Lords of secret Councell anent the Lord Spynies gift of being Generall muster-master and Collonel within this Kingdome 8 Commission to the Councell anent the exchange of Moneys betwixt Scotland and England 9 Commission to the Councell anent the criminall judicatorie 10 Commission to the Commissioners of surrenders anent the disjoyning of meikle and little Daliouns from the Kirke of Mouswald and planting of the new Kirke of Beith 11 Commission to the Lords of Exchequer anent Robert Young printer his gift Anent the petition of Ionet Keine and the heires of Andrew Hart. Anent Master Robert Craiges pension of five hundreth pound Anent the mean Vassalls of Kirke-lands their enterie Anent upholding of the cathedrall Kirke
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 Pitslig● 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