market crosse of Edinburgh and other places needfull of that our pleasure and declaration and that the same be declared by you to have the strength force power and vertue of a legall and perfect interruption And therefore We require you immediately after the sight hereof to cause insert these presents in your bookes of Session and to declare the same to have the force of a legall and lawfull interruption and to direct Letters of publication thereupon in forme as effeir is Which not doubting you will doe We bid you farewell From our court at White-hall the twentie ninth day of November 1629 yeares With the which Letter tenor contents and desire thereof after that the same with the act of Parliament whereunto it is relative were read in their whole presence The said Lords being well and ripely advised and having considered the justice and equitie of his Majesties will and declaration contained therein They have ordained and ordaine the said letter and declaration therein contained to be insert and registrate in their bookes of Sederunt and ordaine letters of publication to be direct and passe thereupon certifying all his Majesties Lieges who have interest by open proclamation at the market crosse of Edinburgh and other market crosses of the Kingdome where the lands Baronies and others lye or where the persons subjects dwell and remaine against whom the said declaration to have effect of a legall interruption in manner following And by open Proclamation at the said Market crosse of Edinburgh Pier and Shore of Leith for all such of his Majesties subjects as are forth of this Realme Of his Majesties pleasure will and declaration and of the said Lords their decrete and authoritie interponed thereto Like as the said Lords declare That the said declaration registrate as said is and to bee published in manner foresaid Shall have the strength force and power of a legall and perfect interruption against all partles having interest and that in so farre alennerly as may be extended to the particulars following viz. To his Majesties annexed propertie and his Majesties propertie unannexed whereof the ferme duties or few-fermes have beene compted in his Majesties Exchequer since the moneth of August 1455. yeares and unlawfully disponed by his Majesties Predecessors against the Acts of Parliament and Lawes of the Kingdome And to the principalitie unlawfully disponed against the Acts of Parliament and Lawes of this Kingdome And to the reduction of whatsoever erections of whatsoever benefices spiritualitie and temporalitie thereof unlawfully disponed against the Laws and Acts of Parliament And to the reduction of whatsoever patronages of Kirks pertaining to his Majestie and his Predecessors and unlawfully disponed by them against the Acts of Parliament And against unlawfull dispositions of whatsoever teynds lands and rents doted to hospitalls and masondieus and unlawfully disponed against the acts of Parliament And against regalities heritable offices unlawfully disponed contrary to the Acts of Parliament And against all changed tenours of holdings 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 defences competent to them against any action to be intended hereafter at his Majesties instance and his successors except in so far as concernes 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 ACT XIII ANENT REGALITIES OF ERECTIONS OUR SOVERAIGNE LORD With advice and consent of the Estates of Parliament ratifies and approves that head and article of the act of Parliament made in the month of July 1587 years cap. 29. anent the annexation of the temporalitie of benefices to the crown whereby the right priviledge of regality which pertained to whatsoever Abbacie Priorie Prioresse or other benefice whatsoever is annexed to the crown with this declaration That the heirs of the vassals of the heritable tenants shal be entred by briefes forth of his Majesties Chancellarie to bee direct to the Provest and Bayliffs of the burrows of the said regalicies But prejudice alwaies to heritable Bayliffs and Stewarts of the said regalities their heires and successors Of their rights and infeftments granted to them of the said Baylieries and Stewartries of regalitie which shall remaine with them in the same condition they were before the same act of annexation except in the change of their superiour viz. in the Kings Majestie and his Successors who in all times thereafter shall be their superiour as in the said act of Parliament of the date foresaid at more length is contained AND farther His Majestie with consent of the Estates of Parliament casses annuls retreats and rescinds all rights and titles made and granted by his Majestie or his Majesties umwhile Father or by umwhile Queene Marie his grandmother to whatsoever person or persons of the right and priviledge of regalitie pertaining to whatsoever Abbot Pryor Prioresse Preceptor or other beneficed person whatsoever at any time preceding the date hereof And declares the right and title of all and whatsoever regalities within the Kingdome which pertained to whatsoever benefice particularly or generally above specified at any time preceding the generall annexation of Kirke-lands without respect to any exception mentioned in the said act of annexation To pertaine to his Majestie and his Successors in all time comming Reserving alwaies to all heritable Bayliffs and Stewarts of the said Regalities their rights and infeftments of the said Baylieries Stewartries granted to them by the said beneficed persons at any time preceding the date of the erections of the said Abbacies Priories and others fore-said in temporall Lordships And it is declared that these presents shall no waies be extended to the right of Regalitie of whatsoever lands and superiorities pertaining to the Archbishops and Bishops of this Kingdome by vertue of their gifts and provisions granted to them or their predecessors thereupon which shall remaine with them unhurt or prejudged by this present act AND also it is declared decerned and ordained that the lands and Baronie of Broughtown comprehending the townes lands burgh in baronie milnes and others mentioned in the infeftments granted by his Majestie under his Highnesse great Seale To his Highnesse right trustie Cousin and Counseller Robert Earle of Roxburgh of the date the day of one thousand six hundred thirtie years shall not be comprehended herein excluding the same all utterly therefrom To remaine with the said Earle his heires and Successors after the forme and tenor of the infeftments made to him and his authors of the same ACT XIIII ANENT SUPERIORITIES OF Kirke-Lands OUR SOVERAIGNE LORD With advice and consent of the Estates of Parliament findes declares and ordaines that his Majestie and his Successors have and shall have good and undoubted right to 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
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
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
impoverishing a number of the said Fermerers labourers and tenants and bringing of them to utter wrack and ruine whereas of reason they should be altogether free from payment of any taxations And the same should be payed by such as have free rents lands and goods of their owne FOR REMEDIE whereof it is staturte and ordained that no persons whatsoever exact or compell his tenants or fermerers removeable who payes ferme and other deare duties for the lands occupied by them to pay any part of this present Taxation or to seek reliefe at their hands of the same And if the same be found done by any persons that they shall be called and conveened therefore before his Majesties Justice and his Deputies or before his Majesties Councell as violent and masterfull oppressors of his Majesties subjects and punished therefore according to Justice AND FURTHER the said Estates beside the ordinarie taxation above-written have for the space of six years next and immediately following the terme of Martinmasse 1634. years freely and voluntarily granted to his Majestie a yearly extraordinary taxation of the sixteenth pennie of all annuall rents which any person or persons within this Kingdome half freely due and payable unto them yearly and termly their own annuall rents wherein they are adebted to others being first deduced The first termes payment thereof shall be and beginne at the said Feast and terme of Martinmasse 1634. yeares and so forth yearly and termely at Martinmasse and Whitsunday untill the said six yeares and twelve termes payment thereof be fully and completely out-run AND whereas his Majestie and Estates have by act of Parliament authorised all and sundrie heretable Sheriffs Stewarts Bayliffs and Bayliffs of regalities and their Deputes and the Provests and Bayliffs of free burrowes within the bounds of their jurisdictions as likewise the Clerks within the jurisdictions where these offices are not heretable which Clerks have their offices ad vitam To collect the said extraordinarie taxation and to make payment thereof to the Collector generall of the some taxation THEREFORE and for inbringing of the said extraordinarie taxation Ordains letters to be direct charging all and sundrie the said heretable Sheriffs Stewards bayliffs bayliffs of regalities and their Deputes and Clerks and the said Provests and bayliffs of free burrowes and their Clerks as likewise the Clerks within the jurisdictions where these offices are not heretable that they and every one of them by North the water of Dee within the space of fifteen dayes after every terme of Martinmasse and Whitsunday and that they and every one of them by South the water of Dee within the space of ten daies after every terme of Martinmasse and Whitsunday deliver to his Majesties said Collector generall a true and just accompt and inventar of the whole summes of money due to be payed by any person within the bounds of their jurisdiction for his part of the said extraordinary taxation And that they give up the same compt inventar upon their oath solemnly sworne that the same is just and true And to make payment to his Majesties said Collector generall or to his Deputes in his name having his power to receive the same of the whole moneys due to be payed to his Majestie conforme to the said compt and inventar within twentie dayes after each terme under the paine of rebellion And in case the said Sheriffs Stewarts Bayliffs Bayliffs of regalities their Deputes and Clerks failye c. To denounce and escheat c. FOR WHOSE RELIEFE that letters be direct charging all and sundrie the said annuall renters to make payment to the said Sheriffs Stewards Bayliffs Bayliffs of regalities their Deputes and Clerks Provests and Bayliffs of free burrowes of the said sixteenth pennie of all annuall-rents freely due and payable to them within twentie daies next after the charge under the paine of rebellion c. And if they failye c. To denounce c. And if neede bee That the said Sheriffs Stewards Bayliffes of Regalities Clerkes Provests and Bayliffs of free burrowes poynd and distrenyie therefore as they shall thinke most expedient AND His MAIESTIE and the said Estates ordaine the Lords of Session to bee onely Judges to all suspensions to bee craved and suted by any of our soveraigne Lords Lieges touching the said taxations Which suspensions the said Estates finde may be granted upon lawfull and equitable reasons to bee considered by them And discharge all other Judges within this Kingdome of granting of any suspensions thereanent With power to the said Lords To delegate five at the least of their ordinary number as they shall think expedient To sit cognosce and decide the said suspensions in time of vacance if neede be And sicklyke to depute Commissioners for trying and judging of concealements with als ample and full power to be given to them as the said Lords of Session by vertue of this present Act have ACT III. ANENT HIS MAJESTIES ROYALL Prerogative and Apparell of Kirkmen OUR SOVERAIGNE LORD With advice consent and assent of the whole estates acknowledging his Majesties Soveraigne Authoritie Princely Power royall Prerogative and Priviledge of his Crowne over all Estates Persons and Causes whatsoever within this Kingdome Ratifies and approves the Act of Parliament made in the year 1606. anent the Kings royall Prerogative and perpetually confirms the same for his Highnes his Heires and Successors al 's amply absolutely freely in all respects as ever any of his Majesties royall Progenitors did possesse and exercise the same And withall remembring that in the Act of Parliament made in the yeare 1609. anent the Apparell of Judges Magistrates and Kirkmen IT WAS agreed That what order soever his Majesties Father of blessed Memorie should prescrive for the apparell of Kirkmen and send in Writ to his Clerk of Register should bee a sufficient Warrant for inserting the same in the bookes of Parliament to have the strength of an Act thereof HAVE all consented that the same Power shall remaine with the Person of Our Soveraigne Lord and His Successours that now is And with the same clause for execution thereof as in the said Act is contained ACT IIII. RATIFICATION OF THE ACTS Touching RELIGION OUR SOVERAIGNE LORD With advice and consent of the Estates ratifies and approves all and whatsoever acts and statutes made before anent the libertie and freedome of the true Kirke of God and Religion presently professed within this Realme And ordaines the same to stand in their full force and effect as if they were specially mentioned and set downe herein ACT V. RATIFICATION OF THE ACT OF Councell anent Plantation of Schooles OUR SOVERAIGNE LORD With the Advice of the States ratifies the Act of secret Councell dated at Edinburgh the tenth day of December one thou sand six hundred and sixteene years made anent the planting of schooles with this addition That the Bishops in their severall Visitations shall have power with consent of the heritours and most part of the Parishioners And
if the heritour being lawfully warned refuses to appeare Then with consent of the most part of the Parishioners to set downe and stent upon everie Plough or Husband Land according to the worth for maintenance and establishing of the said Schools And if any person shall find himself grieved it shall bee lawfull to him to have recourse to the Lords of secret Councell for redresse of any prejudice hee may or doth sustaine And ordaine letters to be direct for charging of the possessours for the time to answer and obey the schoole-masters of the duties that shall bee appointed in manner foresaid ACT VI AGAINST THE INVERTING OF Pious Donations OUR SOVERAIGNE LORD With the Advice of the Estates understanding that certaine persons piously disposed have of late bestowed certaine gifts in Lands heritages and summes of money in favours of Colledges Schooles Hospitals and other pious uses which by the Administrators and such others as they have entrusted with the managing thereof are inverted to other uses than the Will of the disponer upon some specious pretences contrarie or different from the Disponers intention to the evill example of others and the hinderance of such and the like charitable works against all reason and conscience THEREFORE it is statute and ordained that it shall no waies be lawfull to alter change or invert any of the said gifts legacies and other pious donations to any other use than that specifick use whereunto they are destinate by the Disponer himselfe And that the Heires Executors or others entrusted with the said gifts and legacies shall be comptable for the same to the use of the Kirkes Colledges and others to whom the said dispositions were made And that actions shall be competent eyther to the said Kirkes Colledges and others to whom the same were disponed or to the Bishops and Ordinaries within the Diocesses where the said Kirkes Schooles and others above-specified lye compelling them to apply the same to the true use And to make compt and payment of the ordinarie profits of everie years intromission at the rare allowed by the Lawes of the Realme by and attour the fulfilling of the Disponers Will And this Act to be extended to all Disposicions made at any time since the majoritie of King JAMES the Sixth or to be made hereafter in all time comming And that letters of horning bee direct at their instance by deliverance of the Lords of Session without citation of parties ACT VII ANENT INVADING OF MINISTERS OUR SOVERAIGNE LORD With the advice of the Estates ratifies and approves the Act of Parliament made in the yeare of God one thousand five hundred fourescore and seven yeares anent the Invaders of Ministers with this explanation and addition That whosoever invades any Minister or puts any violent hands on him by themselves their men tenants servants or any others by their hounding out direction or allowance for whatsoever cause or occasion whether the same be for the cause contained in the said Act or for any other cause otherwise than by order of Law or doth offer violence to them Shall incurre the like paine as is contained in the said Act and shall be judged after the forme and manner therein prescribed And declares that the same shall bee extended to all Archbishops Bishops and Ministers whatsoever having power by lawfull warrant to preach and administer the sacraments And because the malice of some is such that the invasion and violence foresaid may bee committed by lawlesse and unresponsall men the hounders out of whom cannot be gotten detected so as the benefite of this Act and the indempnitie of the said Church men and their foresaids may bee frustrate THEREFORE it is statute and ordained That the Landlords and Heritors and chiefe of Claimes and others in whose bounds the said offenders dwell or haunt ordinarily shall be holden upon the complaint of the partie offended to the Lords of his Majesties secret Councell to exhibite and produce the said malefactors before the said Judges to be censured and punished corporally or otherwise in their estates if they be responsall at the discretion of the said Judges And if it shall happen the said offenders to absent and remove themselves out of the bounds of the said Heritors and Landlords and others on whom they depend so that the said Landlords Heritors and others foresaid may precend that it is not in their power to exhibite the foresaid delinquents Therefore it is statute that if after the giving in of the said complaint before the said Judges and certiorating of the said Landlords and others foresaid eyther by citation charge or intimation or any other Legall manner of way if the said delinquents shall be found within the bounds of the said Landlords and others foresaid haunting publickly and openly by the space of ten daies That then and in that case the said Landlords and others foresaid shall be esteemed as connivers with the delinquents and be obliged under the like censure and punishment to exhibit them to the Councell ACT VIII OF RATIFICATION OF THE ACT OF Commission anent the Ministers Provisions OUR SOVERAIGNE LORD With the advice and consent of the Estates of Parliament ratifies and approves the Act of Commission of Surrenders and Teynds of the date at Holy-rude-house the twentie sixth day of June the yeare of God 1627 years whereof the Tenor follows The Commissioners after reasoning upon the lowest proportion and provision wherewith the Ministrie serving the Cure at each Kirke shall be provided Have found it meet and expedient that the lowest proportion shall be eight Chalder of Victuall where victuall is payed or proportionally in silver or victuall as the Commissioners shall appoint at the settling of the Kirke and according to the Estate of that part of the Countrey where the payment of the stipend shall occurre And thinke it meet that the said proportion of eight Chalder of victuall or proportionally in silver as said is shall be the lowest maintenance to each Kirke except such particular Kirkes occurre wherein there shall bee a just reasonable and expedient cause to goe beneath the quantitie now determined AND His Majestie and Estates foresaid referre to the Commissioners to be chosen by his Majestie at this present Parliament The consideration of the reasons and causes which may move them after the valuation of the true worth of the Teynds of like Parish be closed To determine and modifie a lesse quantitie for the Ministers maintenance nor the quantitie foresaid of eight chalder of victuall or eight hundred markes in victuall or moneys proportionally And what the said Commissioners shall determine therein the same to stand notwithstanding of this present Ratification And also his Majestie and Estates ratifie and approve the whole particular Acts of the said Commission of Surrenders and Teynds whereby stipends are appointed and modified by the said Commissioners alreadie And ordaine the Ministers to whom the same is assigned to have intromission therewith And that the Lords of Session direct
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
the generall submission made to his Majestie And his Majesties determination given thereupon and that alennarly in so farre as concernes a competent maintenance to be locally payed forth of each Church to the Minister and his successors And anent the teinds of other mens lands And anent the annuitie to be payed to his Majestie forth of the teinds of the said kirk And as to the remanent teinds the same to pertaine to laick patrons in price or rate thereof in all cases where the foresaid laick patrons were in possession of the teinds thereof by the space of seven yeares within the fifteen yeares immediately preceding the date of the said generall submission With this declaration that where the titulars or Ministers provided to the said laick patronages and kirks thereof were in possession of the benefices foresaid and fruits and rents thereof either by leading of the teinds or by up-lifting and intrometting with the whole rents thereof by the space of seven yeares of fifteene yeares immediately preceding the said submission in these cases the difference betwixt the said laick Patrons and the Titulars and Ministers shall be referred to his sacred Majestie and to his Royall declaration to be given there-anent and ordaines all former commissions anent the premisses to cease in time coming and this onely to stand in force in time to come ACT XX ANENT THE KING HIS DESIGNATION OF The Names to be insert in the Commissions anent the Tithes and Lawes OUR SOVERAIGNE LORD And Estates of Parliament considering that the Designation of the particular persons necessarie to bee ingrost in the two severall commissions granted in this present Parliament the one anent the teinds and the other anent the survay of the Laws which was by the said Estates referred to his sacred Majestie THEREFORE the said Estates appoint and ordaine the clerke of his Highnesse Register to insert in the said two severall commissions such particular persons names as his Majestie by his warrant signed with his hand shall appoint and ordaine to be insert thereunto For doing whereof declares this present act to bee als sufficient a warrant to the clerke of Register as if the said commissioners names had been now presently insert in the said two severall commissions by his Majestie and estates of Parliament ACT XXI ANENT THE ANWELL OF EIGHT TO BE Taken of ilk hundred in time to come alennerly suspending the same for three yeares and in the interim two of ten to be payed for the said space to his MAIESTIE IN THE PARLIAMENT Holden at Edin burgh upon the twentie eight day of June the yeare of God 1633. For so much as his Majesties Lieges and good Subjects are heavily opprest and burdened with exorbitant annual-rents and interest taken for the use of money far exceeding the rate and proportion taken in England France and other neighbour countries THEREFORE His Majestie with advise of the Estates statutes and ordains that notwithstanding of any former Act of Parliament allowing ten pounds to bee taken for each hundreth pounds in a yeare yet that no person after the date hereof take more than eight pounds for the use of the hundreth pounds in a yeare and so proportionally in lesser or greater sums under the paines contained in the former Acts of Parliament made against usurers AND forsomuch as his Majestie out of his gracious goodnesse with consent of the Estates hath reduced the interest and profit of money from ten of the hundred to eight conforme to this present Act. Therefore the Estates of Parliament presently conveened being sensible of the great good ensuing thereby to this whole Kingdome in all times to come make a voluntary and humble offer to his Majestie that of the said ten payed by borrowers for each hundreth during the space of three yeares next ensuing two shall be payed to his Majestie during the said space by and attour the twentieth penny presently payed to his Majestie in this present running taxation and that for the tearms of Martinmasse next 1633 yeares and Whitsunday 1634 yeares And by and attour the sixteenth penny of the extraordinary Taxation now presently granted to his Majestie in this Parliament to begin at Martinmas 1634 years And hereby it is declared that those who formerly borrowed moneys for eight of the hundred shall be free of payment of the said two of ten for such and the same quantities as they have formerly borrowed and are presently adebted by them for payment of eight of the hundred allenerly and those who formerly borrowed for nine of the hundred and are presently owing by them shall be only lyable to pay one to his Majestie of nine during the said space for such and the same quantitie of summes as were formerly borrowed at nine for the hundred And it is further declared that those who never borrowed moneys before the date of this Act and shall happen to borrow any summes of money hereafter they being equally participant of the benefit of the said Act and his Majesties gracious favour thereby extended to them with his other Subjects shall be subject in payment of the said proportion of two of ten during the space of three years as said is And ordains the lenners to pay the same yearly and termly during the said space of three years together and in one summe with the twentieth penny of this present running extraordinary taxation for the said terme of Martinmasse next 1633 years and Whitsunday 1634 yeares and together and in one summe with the sixteenth penny granted in this present Parliament for the tearms of Martinmasse 1634. Whitsunday and Martinmasse 1635. Whitsunday 1636. beginning the first tearms payment of the said two of ten at Martinmasse next and so tearmly thereafter during the said space of three yeares and six termes And the said Estates have agreed all in one voice to suspend like as by these presents they suspend the execution of the said act for the space of three years after the date hereof and by these presents declare that it shall be lawfull notwithstanding of the said act to all subjects within this Realme to take ten markes for each hundred markes of their lent moneys put out or to be put out upon annuall-rent conforme to the preceding acts of Parliament during the said space of three yeares next after the date hereof And for inbringing of the said taxation of two marks of ten ordain letters to be direct in the same forme and manner as is direct for collecting the foresaid extraordinary taxations of the twentieth and sixteenth penny And the same to be payed together and in one sum to his Majesties Collector generall to bee appointed or to his Doputes in his name having his power to receive the same ACT XXII ANENT THE LORDS OF SESSION THEIR Taxation of ten shillings to be imposed upon everie pound land of old extent IN THE PARLIAMENT Holden at Edinburgh upon the twentie eighth of June the yeare of God 1633. OUR SOVERAIGNE Lord the Kings
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
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
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
Letters of horning and poynding in favour of the said Ministers conforme thereto upon one simple charge of ten daies allennerly And also upon all other Acts to be made for plantation of Kirks by the commissioners appointed by his Majestie Estates for that effect And it is declared that these presents shall be without prejudice to the titulars and others having interest to pursue for rectifying of such valuations as are or shall be enormely undervalued and also without prejudice of the ministers maintenance and augmentation proportionally effeiring to the true and just worth of the Teind c. ACT IX THE KINGS GENERALL REVOCATION FORSOMUCH As our Soveraigne Lord the Kings Majestie shortly after the decease of his Majesties umwhile dearest Father King JAMES the sixt of ever blessed memorie for preserving of the libertie and priviledge due to his Majestie by the common law and by the acts and statutes of the Kingdome And following the laudable custome used before by his Majesties Predecessours in making of their Revocations Did upon the twelfth of October 1625. make and give forth his generall revocation under his privie Seale as the same in the selfe at more length beares AND HIS MAJESTIE being now present in his Royall person within this Kingdome and having by Gods grace favour and blessing and with the generall acclamation joy and comfort of his Subjects acccepted the Crowne thereof wherein he is gloriously inaugurate and now holding the first Parliament of his whole Estates of the said kingdome with whom his Majestie hath advised and resolved anent the said Revocation Therefore his Majestie with consent of the three Estates and whole body of this present Parliament Hath statute enacted and ordained and by these presents statutes enacts and ordaines in manner following IN the first His Majestie and whole Estates of Parliament revokes casses and annuls all Infeftments Charters Precepts Confirmations Alienations Gifts Donations Rights Securities and other Dispositions whatsoever of any rents lands Lordships Baronies Heritages Teinds Patronages of kirks offices priviledges and others whatsoever annexed to the Principality or to the Prince who is second person of the Realme made convoyed signed or consented unto by his Mties selfe in his minoritie and lesle age or by his Mties umwhile dearest Father for himselfe as Prince of Scotland or as Father and lawfull administratior to his Majestie or to umwhile Prince Henrie his Majesties Brother of worthie memorie or by the said umwhile Prince Henrie himselfe or made and granted by his Majesties said umwhile dearest Father or any other his Mies Predecessors kings of Scotland in their times to whatsoever person or persons in hurt and prejudice of the Prince second person foresaid or made and granted by his Majestie at any time preceding the date hereof unlawfully and against the lawes of the kingdome the same being tried and found to be so ITEM His Majestie with consent of the said Estates revokes casses annuls retreats rescinds all sundrie Infeftments grants dispositions confirmations and other rights whatsoever made by his Majestie induring his minorie and lesse age to whatsoever person or persons in fee frank-tenement or otherwise of the lands kirkes teinds patronages offices and others pertaining to the Lordship of Dumfermeling to the which his Majestie succeeded as onely Sonne and Heire to his Majesties umwhile dearest Mother Queene Anna who was heritably infeft in the said Lordship of Dumfermeling And sicklike revokes all gifts alienations dispositions and other rights whatsoever made by his Majestie or his said dearest Mother unlawfully and against the lawes of the kingdome of the said Lordship or of any lands teinds offices kirks patronages and others pertaining to the said Lordship at any time preceding the date hereof the same being so found and verified before the ordinary Judge ITEM His Majestie Estates foresaid revokes casses annuls retreats and rescinds all sundrie infeftments charters gifts donations confirmations alienations pensions and other dispositions whatsoever made convoyed signed or consented unto by his Majestie or by his Majesties umwhile dearest Father or by any other his Majesties Predecessours in their severall times to whatsoever person or persons in any manner of way in fee few-ferme frank-tenement or otherwise whatsoever of any lands rents Lordships Baronies Patronages of kirks customes annuals fishings liberties of fishings burrow-mails other rents castle-wards or other whatsoever annext to the crowne offices of justitiary stewartrie and bailliarie within the same appertaining thereunto contrarie to the Acts of annexation made thereupon of before And where lawfull dissolution of the said annexation was not made by his Majestie his said umwhile dearest Father and his said Predecessors kings of Scotland in their majoritie with consent of the three Estates of Parliament in their severall times for setting of the same in few-ferme with augmentation of the rentall To the effect the same may be of none availe in time comming after the date hereof by way of action exception or reply ITEM His Majestie with consent foresaid revokes annuls retreats and rescinds all infeftments donations alienations and other dispositions whatsoever made by his Majestie or his said umwhile dearest Father either in their minoritie to their hurt and lesion or in their majoritie against the Lawes and Acts of Parliament to whatsoever person or persons of whatsoever lands rents annuals and revenews not annext to the crown whereof his Majesties umwhile dearest Grandmother Queen Mary was in possession before the coronation of his Majesties umwhile dearest Father of happy memore And of all offices such as Chamberlaneries bailliaries office of customarie made for moe yeares but from the Exchequer till the compt be made in the Exchequer following constableries bailliaries takes and rentals of his Majesties proper lands and rents above the space of five yeares made granted contrary against the Lawes and Acts of Parliament of the Kingdome the same being so found and tryed ITEM His Majestie with consent of the Estates revokes casses annuls retreats and rescinds all and whatsoever Infeftments rentals and other rights whatsoever of any part of the annext property or of the few-fermes of whatsoever proper lands annext to his Majesties Crowne made to whatsoever person by his Majestie or his umwhile dearest Father or any other his Majesties Predecessors which are made in diminution of the rentall and hurt of the Patrimonie of the Crowne where the diminution may be proved and verified ITEM His Majestie revokes casses annuls retreats and rescinds all and whatsoever Infeftments alienations and dispositions made by his Majestie or by his umwhile dearest Father or any other his Majesties noble Progenitors of the few-ferme victuall of any lands pertaining to the Crowne which were lawfully set in few of before for payment of the few-ferme victuall and the same few-ferme victuall is set thereafter in few or otherwise for silver payment because such a set or few-ferme being so found and tryed is clearly understood to be to the great abuse hurt and diminution of his
and approves the whole acts of annexation of whatsoever lands Lordships and Baronies annext to the Crown by his Majesties umwhile Father or any other his Majesties Predecessors And farther his Majestie and Estates foresaid and without derogation of the former annexations of new annexes the same to the crowne to remaine therewith for ever according to the conditions and provisions contained in the former acts of annexation of Lands to the crowne and specially of the act of annexation made in the dayes of King Iames the second in the moneth of August 1455. ATTOUR His Majestie with consent foresaid declares the right and title of Superioritie Of all sundrie lands baronies milnes woods fishings towers fortalices manour places and whole pertinents thereof pertaining to whatsoever Abbacies pryories pryoresses preceptories and whatsoever other benefices of whatsoever estate degree title name or designation the same be of erected in temporall Lordships baronies or livings before or after the generall act of annexation of kirke-lands made in the moneth of July 1587 yeares together with the whole few-maills few-fermes other rents and duties of the said superiorities To be annexed and to remaine with the Crowne for ever Reserving to such Lords and titulars of erections and each one of them who have subscribed the generall surrender the few-maills and few-fermes of their said superiorities aye and while they receive payment and satisfaction of the summe of a thousand markes usuall money of Scotland for each chalder of few-ferme victuall over-head and for each hundreth markes of few-maills and for each hundreth markes worth of all other constant rent of the said superiorities not consisting in victuall or money and not being naked service of Vassals according to the tenor of his Majesties generall determination according to the conditions therein exprest And reserving to them and to all other titulars of erection their propertie and proper lands to be holden of his Majestie and his successors in few-ferme for payment of the few-ferme duties and other duties contained in the old infeftments made to them their predecessors and authors before the said Act of annexation Like as his Majestie and Estates foresaid findes and declares that all titulars of erection without exception shall hold their propertie and proper lands of his Majestie and his successors in few-ferme for payment of the few-ferme duties contained in the infeftments granted to them and their foresaids before the said Act of annexation and no otherwise And his Majestie and Estates declares all rights and deeds whatsoever made and granted to whatsoever person or persons preceding the date hereof which may prejudge his Majestie and his Successors in the peaceable brooking enjoying and possessing of the said superiorities and few-ferme duties above-specified excepting and reserving as said is To be null and of none availe force nor effect by way of action exception or reply And sicklike his Majestie and Estates ratifies and approves the Acts of Parliament made by his Majesties said umwhile dearest Father of eternall memorie The fifteenth Parliament Cap. 233. Intitulate anent the annexation of the Kings annext propertie Together with the 234. Act of the said Parliament intitulate the annext propertie may not be disponed but in few-ferme allenerly And also the 236. Act of the same parliament intitulate disposition of the annext propertie made before the dissolution or not conforme to the conditions thereof is null And sicklike the 243. Act of the said fifteenth Parliament intitulate anent ratifications or dispositions made in Parliament And ordaines the same to have full force and effect in all time coming And declares all deeds done in contrary thereof to be null and of none availe by way of action exception or reply It is alwayes declared that under this present Act nor no clause thereof shall no wayes be comprehended the temporall lands superiorities and others pertaining to whatsoever Archbishops Bishops and their Chaptors but that the same shall remaine with them and their successors unhurt or prejudged by this present Act ACT XI OF DISSOLUTION FOR SO MUCH As albeit the lands Lordships Baronies and others of old are lately annext to the Crowne were and are for great and weighty considerations tending to the weale of the Crowne and whole Realme Ordained to remaine with our Soveraigne Lord and his Successors for ever And not to be disponed nor annalied in fee nor life-rent to whatsoever person or persons without advice of the three Estates of parliament and for profitable and seene causes tending to the weale of the whole Realme Yet neverthelesse it hath beene ever thought expedient in the dayes of our Soveraigne Lords most glorious Predecessors And no wayes derogatorie to the conditions of the said annexations but agreeable thereto as tending to the publique weale of the Crowne and kingdome that the annext and proper lands should be set in few-ferme for increase of policie and augmentation of the rentall And his Majestie being well pleased to observe and follow the order kept by his Majesties predecessors foresaid anent his Majesties annexed propertie THEREFORE His Majestie with consent of his three Estates of Parliament statutes and ordaines that it shall be lawfull to his Majestie enduring his time to set all sundrie lands Baronies Lorships milnes fishings and other his Majesties proper lands both of the old and new annexed propertie and of the temporalitie of kirke-lands in few-ferme so that it be not in dimininution of his Majesties rentall gressumes and other duties but in augmentation thereof providing alwayes that this present dissolution shall no wayes be extended to the setting in few-ferme of any of our Soveraigne Lords Castles Palaces Yards Woods Parks Forrests pastures for sheepe and nolt and in speciall the Lomonds of Falkland Coalheuches and offices But the same to remaine inseparablie annext to the Crowne notwithstanding of this present dissolution And declares that this present dissolution shall endure for the life-time of our Soveraigne Lord the Kings Majestie who now is allanerly So that the lands and other foresaids which he sets in few-ferme in his time with the condition foresaid shall stand perpetuallie to and in favours of the receivers thereof their heires and successors and after his decease the annexations made at this present Parliament and of before shall returne to the owne nature ACT XII RATIFICATION OF THE ACTS Of Interruption OUR SOVERAIGN LORD and Estates of Parliament ratifies and approves the Act of the Lords of Councell and Session of the date at Edinburgh the penult of March 1630 yeers anent the interruption of the Act of prescription in favour of his Majestie and his successors together with the act of secret Councell of the date at Holy-rudehouse the twenty sixt day of May 1630 yeeres Whereby the saids Lords of secret Councell have allowed and approved the said Act And ordaines the said Acts to be insert in this present ratification And his Majestie and Estates declares the said acts to have the full force effect and exeâ—ution
the Kingdome being willing to buy his owne teind from the titulars having power to sell the same shall be obliged to buy the teinds of his owne lands except so much as shall be locally assigned to the Minister serving the cure of the kirke for his maintenance and to pay the prices foresaid betwixt and the terme of Martinmasse in the yeare of God 1635 yeares where the valuation of the teinds is made and approved before the date hereof and where the same is not yet valued and approved within the space of two yeares after the same be valued and approved by the Commissioners to be appointed by his Majestie and Estates to that effect after the expiring of the which time his Majestie and Estates declare that the said titulars shall not be compelled to sell the same except they doe it of their own good will and consent with this declaration alwayes that incase the impediment of not selling induring the space foresaid flow from the titular by reason of his minority or other inhabilitie in that case the heritor who offereth himselfe ready to buy his own teind within the space foresaid shall have place so soone as the impediment is removed to buy his teinds notwithstanding of the expiring of the yeares and spaces above-expressed And it is declared that if the heritor be minor and his Tutors neglect the buying of his teinds within the space foresaid the minor shall have action against his Tutors pro Damno interesse but not action to compell the titular after the expiring of the space foresaid for selling of the said teinds And where the said teinds are coft by the heritors as said is finde that the heritor shall bee obliged to give to the life-renter of the said lands having right thereto by contract of marriage life-rent infeftment conjunct-fee or reservation forth of the infeftment of fee the leading of the teinds of their said life-rent lands for payment of the rate of the teind of the same And sicklike finds that in all cases where teinds are not coft that the heritors or life-renters of lands who have the leading of their owne teinds by themselves their tennants and others in their name shall be obliged to pay to the titulars of teinds the yearely rate thereof according to the valuation of the same made or to be made and to give securitie thereof according to the order set downe and prescribed by the Commissioners of surrenders and teinds or to be set downe by the Commissioners appointed or to be appointed by his Majestie with consent of the Estates of this present Parliament deducing so much thereof as shall be assigned to the Minister for his maintenance It is alwayes declared that whether the said teinds be sold or not his Majestie shall have his annuitie forth of the same according to the tenor of the act of annuitie And because sundrie questions may arise both anent the valuation of teinds and price of the same in divers parts of the countrey and anent the securities to be made by the titulars to the heritors who buy their teinds and by the heritors to the titulars of the price to be payed for the same where the teinds are coft or for payment of the rate of teind where the same is not coft And sicklike anent the provision of the Kirkes with competent maintenance and for division of the price of teinds betwixt the heritors and life-renters and rectifying of valuations already led to the enorme hurt and prejudice of these having interest Therefore his Majestie and Estates have referred and refer the determination of the said particulars and all others concerning the teinds to the Commissioners appointed by his Majestie and Estates in this present Parliament It is alwayes declared that this present act shall be no farther obligator against whatsoever Archbishops Bishops Parsons Vicars and other beneficed persons being Ministers nor their successors but according to the provisions conditions expressed in the submission made by the Bishops to his Majestie which is of the date the day of 1628 yeares and registrate in the bookes of commission of surrenders and teinds upon the thirteenth day of July 1631 yeares Which provisions and conditions are holden as expressed herein And also it is declared that the Vicarages of each Kirke being a severall benefice and title from the parsonage shall be severally valued to the effect the titulars or Ministers serving the cure who have right to the said Vicarages be not frustrate of the true worth of the said Vicarages ACT XVIII ANENT THE EXCHEQUER OUR SOVERAIGNE LORD And Estates of this present Parliament ratifie and approve that head and clause of Parliament made upon the twentie two day of May 1584 Whereby his Majesties umwhile Father of eternall memorie with consent of the Estates hath appointed and ordained that all causes concerning his Majesties property whether the same be suspensions letters conforme breaking of arrestment deforcement of Officers in the premisses or any thing depending thereupon shall be discussed before his Majesties Exchequer in the Exchequer-house And sicklike his Majestie with consent of the Estates statutes and ordaines that the Lords of Exchequer appointed or to be appointed by his Majestie shall have undoubted power warrant and authoritie to sit cognosce and decide in all the foresaid causes concerning his Majesties propertie and others depending thereupon And also in all causes concerning his Majesties annuitie forth of the teinds and ordaines them to sit at all convenient times for passing discussing of suspensions and for deciding of all other actions concerning the said propertie and annuitie of teinds And to direct letters of horning and poynding and other execution necessary upon the decretes pronounced by them of or concerning the premisses and the horning to passe upon a simple charge of ten dayes upon this side of the water of Dee And upon twenty dayes by north Dee alennerly at the discretion of the said Lords of Exchequer ACT XIX COMMISSION FOR VALUATION OF Teinds not valued rectifying the valuations of the same already made and other particulars therein contained FOR SO MUCH As our Soveraigne Lord immediately after his happy attaining to the Crown of this his ancient and native Kingdome did out of his Royall and Fatherly care to the publique good thereof give forth his Royall declaration anent the reforming of the abuses used in leading of teinds and for provision and maintenance of Kirkes and other pious uses forth of the said teinds And also for restoring the Crowne to the superiorities of whatsoever benefices and temporalities thereof erected in temporall livings and against other prejudices and detriments done to the Crowne mentioned in the said declaration And albeit his Majestie hath beene still urging and following the performance of the particulars foresaid these five yeares bygone or thereabout by commissions direct by his Majestie under his great Seal to that effect wherein there hath beene good progresse made yet the same could not take
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 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
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