and what else was dear unto any of His Majesties good Subjects to the Cruel and Ambitious Lusts of some usurping Rulers Hath not Religion and Loyalty been the only objects of their Rapine and Cruelty And hath not their new and arbitrary Exactions and Burdens upon the People exceeded in one moneth what ever had been formerly in many years paid to any of the Kings of this Kingdom And when the best of men and the most Excellent of the Kings of the earth had in an unusual way of confidence rendred His Person to the Trust and Loyalty of His Native Subjects was not the security of Religion pretended unto by some who then governed in Church and State for the ground of that base and never enough to be abhorred transaction in leaving such a Prince their Native and Dread Soveraign to the will of these who were in open Rebellion and for the time had their swords in their hands against Him And that when by these and many such like undutifull carriages the Kings Majesty was removed from His Kingdoms the foundations of this ancient and well constitute Government was overturned the Liberties and Property of the people inverted And this Kingdom exposed to be Captives and Slaves to Strangers and nothing left unto them but the sad meditation of their increasing miseries and the bitter remembrance of their by-past disloyalties Yet even then it pleased Almighty GOD to compassionat their low condition and by the power of His own Right-hand most miraculously to restore the Kings most Sacred Majesty to the Royal Government of His Kingdoms And thereby to redeem this Kingdom from its former Slavery and Bondage and to restore it to its ancient and just Priviledges and Freedom And the Kings Majesty acknowledging with all humility and thankfulness the Goodness Wisdom and Power of GOD in this Signal Act of His mercy to Him and His people Doth with advice and consent of His Estates of Parliament Statute and Ordain That in all time coming there be a Solemn yearly Commemoration of the same And for that end the twenty ninth day of May which day GOD Almighty hath specially honoured and rendred auspicious to this Kingdom both by His Majesties Royal Birth and by His blessed Restauration to His Government be for ever set a part as a Holy day unto the LORD and that in all the Churches of the Kingdom it be imploied in publick Prayers Preaching Thanksgiving and Praises to GOD for so transcendent Mercies And that all Trade Merchandize Work Handy-labour and other ordinary imploiments be forborn and the remaining part of the day spent in such lawfull divertisements as are suteable to so Solemn an occasion And it is hereby recommended to all Ministers of the Gospel and to all Sheriffs Justices of Peace and other publick Ministers in the several Counties and to all Magistrates within Burghs to be carefull that for this present year and in all time coming the twenty ninth day of May be accordingly kept and observed within their several Jurisdictions And for the speedier and more full intimation hereof to all His Majesties Subjects It is Appointed thir Presents be printed and published at all the Mercat Crosses of the Royal Burroughs XVIII Act for the due Observation of the Sabbath-day THe Kings Majesty considering how much it concerns the honour of GOD that the Sabbath-day be duly observed and all abuses thereof restrained And that notwithstanding of several Acts of Parliament made in that behalf particularly the third Act of the sixth Parliament of King James the sixth of blessed memory the said day hath been much prophaned by Salmond-fishing going of Salt-pans Milnes and Killes hiring of Shearers and using of Merchandize on that day and otherwayes Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves all former Acts of Parliament made for observation of the Sabbath-day and against the breakers thereof And by these presents Inhibits and Discharges all Salmond-fishing going of Salt-pans Milnes or Killes all hiring of Sheaters carrying of Loads keeping of Mercats or using any sorts of Merchandize on the said day and all other prophanation thereof whatsoever under the pains and penalties following viz. The sum of twenty pounds Scots for the going of ilk Salt-pan Miln or Kill on the said day to be paid by the Heritors and Postessors thereof and the sum of ten pounds for ilk Shearer and Fisher of Salmond on the said day the one halt thereof to be paid by the Hirers and Conducers and the other half by the persons hired and the said sum of ten pounds for every other prophanation of the said Day And which Fines and Penalties are to be uplifted and disposed of in manner contained in the Act and Instructions anent the Justices of Peace and if the party Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XIX Act against Swearing and Excessive Drinking OUr Soveraign Lord being desirous that all His Subjects within this Kingdom may live a quiet and peaceable life under His Government in all godlinesse and honesty and in order thereto having resolved to curb and suppresse all sort of sin and wickednesse and especially these abominable and so much abounding sins of Drunkennesse and all manner of Cursing and Swearing Therefore our said Soveraign Lord Ratifies and Approves all Acts of Parliament made in former times against the said crimes or either of them And further Declares That each person who shall Blaspheme Swear or Curse and whosoever shall Drink into excess shall be lyable in the pains following according to the quality of the offenders viz. Each Nobleman in twenty pounds Scots each Barron in twenty Merks each Gentleman Heritor or Burgess in ten merks each Yeoman in fourty shillings each Servant in twenty shillings toties quoties each Minister in the fifth part of his years Stipend and that the saids Fines and Penalties be uplifted and disposed upon in manner contained in the Act and Instructions anent the Justices of Peace And if the partie Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XX. Act against Cursing and Beating of Parents OUr Soveraign Lord and Estates of Parliament considering how great and atrocious a crime it is for Children to beat or curse their Parents And how the Law of GOD hath pronounced just sentence of death against such as shall either of these wayes injure either of their Parents Therefore His Majesty with advice of His said Estates Doth hereby Statute and Ordain That whosoever Son or Daughter above the age of sixteen years not being distracted shall Beat or Curse either their Father or Mother shall be put to Death without mercy and such as are within the age of sixteen years and past the age of pupillarity to be punished at the arbitrement of the Judge according to
who is to administer an Oath De fideli administratione to the remanent Commissioners at their first meeting and take the same himself and to appoint their own Collectors and other Officers except the Clerk who is to be named by the Clerk of Register and to modifie necessar Fees for the saids Collectors Clerks and other Officers and to sub-divide themselves for the more speedy and equal ordering of the said Excise With power also to them to establish Offices of Excise at which Offices the whole Brewers are hereby required to make their Entries at least once every moneth of their weekly brewing and by Miller Maltman Oath of party Witnesses or any other lawfull manner of way to disprove the Entries given in and to impose Fines upon the persons whose Entries shall be so disproven not exceeding the double of the value of the Malt conceal'd and to discern and determine in all cases and debates relating to the said Excise within their respective divisions and for that effect to use all lawfull manner of probation as said is And ordains generall Letters to be direct gratis upon the saids Commissioners their Decreets at the instance of the respective Collectors or otherwayes with power to the saids Commissioners to poynd and distreinÈie upon their own Decreets quarter upon the Deficients or imprison their persons till payment be made of the sums due by them as well principal as expences and which expences the saids Commissioners are hereby impowred to modifie And it is hereby Declared That there shall be no necessity to apprize the Goods of the Deficients at the Mercat Cross but that it shall be lawfull to apprize the same at the nearest Paroch Church And sicklike it is hereby Statute and Ordained That the Commissioners of the respective Shires and Burghs shall be and are oblieged to pay in their respective proportions of the said Shires and Burghs to such as are or shall be appointed by His Majesty to receive the same at four terms in the year viz. Whitsunday Lambmesse Mertimesse and Candlemesse by equall proportions beginning the first terms payment at Lambmess next for the three moneths of May June and July immediatly preceeding the same And which Commissioners are by these presents impowered to put in execution the whole forementioned Orders and Instructions for raising and inbringing of the said Excise for their relief As also the Kings Majesty with advice and consent of His Estates of Parliament gives power to the Lords of His Majesties Privy Council to nominate and appoint Commissioners of Excise in the respective Shires and Burghs upon the death or inability of any of the Commissioners above-named XV. Act Rescinding and Annulling the pretended Parliaments in the year 1640 1641 c. THe Estates of Parliament considering that the Peace and Happiness of this Kingdom and of His Majesties good Subjects therein doth depend upon the Safety of His Majesties Person and the Maintenance of His Royal Authority Power and Greatness And that all the miseries confusions and disorders which this Kingdom hath groaned under these twenty three years have issued from and been the necessary and natural products of these neglects contempts and invasions which in and from the beginning of these troubles were upon the specious but false pretexts of Reformation the common cloak of all Rebellions offered unto the Sacred Person and Royal Authority of the Kings Majesty and His Royal Father of blessed memory And notwithstanding that by the sacred Right inherent to the Imperial Crown which His Majesty holds immediately from GOD Almighty alone and by the ancient constitution and fundamental Laws of the Kingdom the power of convocating and keeping Assemblies of the Subjects the power of Calling Holding Proroguing and Dissolving of Parliaments and making of Laws the power of entering into Bonds Covenants Leagues and Treaties the power of raising Armes keeping of Strengths and Forts are Essential parts and Inseparable priviledges of the Royal Authority and Prerogative of the Kings of this Kingdom Yet such hath been the madness and delusion of these times that even Religion it self which holds the Right of Kings to be Sacred and Inviolable hath been pretended unto for warrand of all these injurious Violations and Incroachments so publickly done and owned upon and against His Majesties just Power Authority and Government By making and keeping of unlawfull Meetings and Convocations of the people By entering into Covenants Treaties and Leagues By seizing upon and possessing themselves of His Majesties Castles Forts and Strengths of the Kingdom and by Holding of pretended Parliaments making of Laws and raising of Armes for the maintaining of the same And that not only without warrand but contrary to His Majesties express Commands And although the late Kings Majesty out of His meer grace and respects to this His native Kingdom and the peace and quiet of His people and for preventing the consequences which such a bad example and practice might occasion to the disturbance of the peace of His other Kingdoms was pleased in the year one thousand six hundred and fourty one to come into this Country and by His own presence at their pretended Parliaments and otherwayes to comply with and give way to many things neerly concerning the undoubted Interest and Prerogative of the Crown expecting that such unparallel'd Condiscentions should have made His Subjects ashamed of their former miscariages and the very thoughts thereof to be hatefull to them and their posterity for ever Yet such was the prevalency of the spirit of Rebellion that raged in many for the time that not content of that peace and happiness which even above their desires was secured to them nor of those many Grants of honour and profit by which His Majesty endeavoured to endear the most desperate of them to their duty and obedience they then when His Majesty had not left unto them any pretence or shadow of any new desire to be proposed either concerning themselves or the Kingdom did most unworthily engage to subvert His Majesties Government and the publick peace of the Kingdom of England For which purpose having joyned in a League with some there they for the better prosecution of the same did assume unto themselves the Royal Power kept and held Parliaments at their pleasure by the pretended Authority of which they laid new exactions upon the people which in one moneth did far exceed what ever by the Kings Authority had been raised in a whole year levied Armes sent out Edicts requiring obedience unto their unlawfull demands and with all manner of violence pursued such as out of duty to His Majesties Authority opposed them by fines confinements imprisonment banishment death and forfeiture of their posterity and with their Army thus raised invaded His Majesties Kingdom of England and joyned with such as were in Armes against His Majesty there And thus maintaining their usurped power and violently executing the same against all Law Conscience Honour and Humanity have made themselves instruments of much
THE LAWS and ACTS OF THE FIRST PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the First of January 1661. By a Noble Lord John Earl of Middleton Lord Cleremont and Fettercairn His MAJESTIES Commissioner for holding of this Parliament by vertue of a COMMISSION under His MAJESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted and Collected from the Records of Parliament by Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His MAJESTIES Council Registers and Rolls EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1661 CVM PRIVILEGIO CHARLES the 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE IRELAND Defender of the faith â—â—uch not my Anoynted GOD SAVE THE KING FEAR GOD HONOVR THE KING HONI SOIT QVI MAL Y PENSE C R HONI SOIT QVI MAL Y PENSE NEMO ME IMPVNE LACESSET The LAWS and ACTS made in the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Began at Edinburgh the first day of January 1661. I. ACT concerning the President and Oath of Parliament FOrasmuch as it hath pleased Almighty GOD to compassionat the troubles and confusions of this Kingdom by returning the Kings most excellent MAjESTY to the exercise of that Royal Government under which and its excellent constitution this Kingdom hath for many ages injoyed so much happiness peace and plenty And it being upon good and important considerations an inviolable practice in this Government before these troubles that the person nominate by His MAjESTY to be His Chancellor within this Kingdom did of right and as due to his place preside in all Meetings of Parliament and other publick Judicatories of the Kingdom where he was present for the time And His MAjESTY now considering the great advantages do accress to the publick good of His Subjects by the due observance of such ancient and well grounded Customs and Constitutions and the prejudices that do accompany a change thereof Therefore His MAjESTY with advice and consent of His Estates of Parliament doth Declare That the present Lord Chancellor and such as hereafter shall be nominate by His MAjESTY or His Royal Successors to succeed in that place and in case of their absence such as shall be nominate by His MAJESTY are by vertue and right of the said office and such nomination respective to preside in all meetings of His MAJESTIES Parliaments or other publick Judicatories of the kingdom where they shall happen to be present and that they are now and in all time coming to injoy this priviledge And in discharge of this trust they are at the first down-sitting of every Parliament to administer to all the Members thereof the Oath of Alleagiance whereof the tenor follows I for testification of my faithfull obedience to my most gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forraign Prince Power or State nor person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and forsake all Forraign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly and never decline His MAJESTIES Power nor Jurisdiction as I shall answer to GOD. With this addition And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament as I shall answer to GOD. Likeas His MAJESTY with advice foresaid doth hereby Rescind and Annull all Acts Statutes or Practices as to the President or Oath of Parliament which are prejudicial unto or inconsistent with this present Act and Declare the same to be void and null in all time coming II. Act and Acknowledgement of His MAjESTIES Prerogative in the choice of His Officers of State Councellors and Judges THe Estates of Parliament considering the great obligations that do ly upon them from the Law of GOD the Laws of Nations the municipal Laws of the Land and their Oaths of Alleagiance to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY and the sad consequences that do accompany any incroachments upon or diminutions thereof Do therefore from their sense of humble duty Declare That it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate and Privy Councellors and the nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors are for ever by vertue of that Royal Power which they hold from GOD Almighty over this Kingdom to injoy and have the full exercise of that Right And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes or Practices to the contrair and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative and to be void and null in all time coming III. Act asserting His Majesties Royal Prerogative in the calling and dissolving of Parliaments and making of Laws THe Estates of Parliament now conveened by His MAJESTIES special Authority considering that the Quietness Stability and Happiness of the people do depend upon the Safety of the Kings MAJESTIES Sacred Person and the maintenance of His Soveraign Authority Princely Power and Prerogative Royal. And conceiving themselves oblieged in conscience and in discharge of their duties to Almighty GOD to the Kings MAJESTY and to their Native Country to make a due acknowledgement thereof at this time Do therefore unanimously Declare That they will with their lives and fortunes maintain and defend the same And they do hereby acknowledge that the power of Calling Holding Proroguing and Dissolving of Parliaments and all Conventions and Meetings of the Estates doth solely reside in the Kings MAJESTY His Heirs and Successors And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY or His Commissioner so no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the Kings MAJESTY or His Commissioner interponed thereto at the making thereof And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Laws Acts Statutes or Practices that have
Nations by the municipal Laws of the Land by their Alleagiance and by all the strictest bonds of Conscience and Honour oblieged to the most Sacred Person and Royall Authority of their King's MAjESTY And therefore Our Soveraign Lord with advice and consent of His Estates of Parliament doth Ratifie and Approve that Engagement for His MAjESTIES relief and restitution to His Royal Government And doth Declare that as it was a most noble and pious Testimony of the Loyalty of His MAjESTIES good Subjects of His ancient Kingdom and of their affection and zeal to His MAjESTIES Person and Government So His MAjESTY for Himself and His Successors doth assure that They will alwayes retain a gratefull resentment thereof And have appointed these presents to remain upon Record for the due honour of these persons who did engage therein and of their posterity for ever And whereas the necessity and justice of this undertaking with the interest this Kingdom had in His Majesties Person by the honour of His Royal Birth and by these many and singular Acts of Grace He had lately conferred upon it might justly have claimed a ready concurrence of all the Subjects Yet there wanted not some and even such whom not long before His Majesty had oblieged by marks of His Royal Favour both of honour and profit who made it their work to disappoint and oppose the same And for that end having gathered some mutinous Commons and others who by a few seditious Ministers had been preached into an open Rebellion they in the moneth of September one thousand six hundered fourty and eight years without any lawfull Authority and not giving the Oath mentioned in the Commission of Parliament without which it was expresly provided they were not to have accesse to nor place in the Committee did usurpe to themselves the name and power of a Committee of Estates and having by their own Edicts declared all such persons as had given testimony of their duty and loyalty to the King to be uncapable of being Members of Parliament or of having voice in the Elections to the Parliaments They then without any lawfull Authority called a Packt meeting of Parliament to consist onely of persons of their own stamp and faction who accordingly met in January one thousand six hundred fourty and nine years and assuming to themselves the Soveraign Authority and Government of the Kingdom intended to establish and fix the power in their own persons for ever For which purpose having publickly declared against that necessary and just Engagement for His Majesties relief and restitution to His Royal Government Having approven all the oppositions and risings in Armes against the same and by Oath solemnly engaged themselves to a constant adherence thereunto Having for their assistance called in the Usurper Cromwel and a part of his Army Having by publick engagement given up the Honour and Safety of this ancient Kingdom to the English and declared that His Majesty should be oblieged to Ratifie that unworthy Act before any Treaty were with Him for His relief Having given order to their Commissioners to Protest against any agreement betwixt His Majesty and His Subjects in England in the Treaty at the Isle of Wight Having so far as in them lay weakned and dissolved the common Alleagiance of the Subjects to the King's Majesty by proclaiming His Right to the Crown with base restrictions and limitations and pressing the Subjects against their consciences to subscribe the same Having disowned His Majesties interest in the Quarrel betwixt them and the English who had invaded this Kingdom meerly to destroy His Majesties Interest in it Having taken the lives of some and forced others of His Majesties good Subjects of best quality to flie to Forraign parts for their safety Having fined confined imprisoned and seized upon the livelyhood of many Having put disgracefull characters and incapacities upon all who had witnessed any affection to His Majesties Government Having unjustly pronounced and with cruelty executed Sentences of Forfeiture against the lives and fortunes of such as from conscience of their duties did oppose them Having in their publick Meetings appointed that the innocent wives and children of these who offered to vindicate His Majesties Authority should be seized on and transported to Forraign Countries Having once and again sollicite their Brethren in England that such of this Kingdom as for ventering their lives for the King were then prisoners in England should be still kept prisoners as Pledges of the Peace Having thrust out of the Offices of State places of Judicatory and publick Trust all such as were willing to engage for His Majesties relief and restitution to His Government and put such in their places as did oppose the same Having laid on and raised great exactions and sums of money from the people and employed them for their own uses Having seized on His Majesties Revenews and bestowed them upon themselves and such others as were in open Opposition and Armes against Him Having also seized upon the Properties and due Rights of the Subjects and the Patronages by Law secured unto them And having by these and many such like Acts endeavoured to perpetuate themselves in their usurped Power they prorogated the Meetings of their pretended Parliaments from time to time substituting some of their Trustees for carrying on of their designs in the while And the Estates of Parliament having taken these proceedings unto their serious consideration Do find that there was no Law nor lawfull Authority for the Meetings of these pretended Parliaments and Committees of Estates But that the persons meeting therein did without any lawfull warrand and in contempt of His Majesties Authority usurpe the power to themselves And therefore the King's Majesty with advice and consent of His Estates of Parliament doth Rescind and Annull these pretended Meetings of Parliament and Committees above mentioned and all other Meetings of any pretended Parliaments or Committees flowing from the same and all Acts Deeds and Treaties done by them or their warrand Execepting alwayes all such Acts as were past in any Meeting of Parliament or Committee of Estates authorized by His Majesties presence and are not inconsistent with this present Act. And also Declares any Ratification which thereafter was past of those Meetings and Acts to have been void from the beginning Except in so far as is exprest in the Indempnity Declarations and Provisions after mentioned Yet notwithstanding of all these provocations the King's Majesty from His innate goodness being more desirous to reclaim His Subjects to their duty by Acts of Mercy then to reduce them by their too much deserved Censure Doth of His meer favour and grace with advice and consent foresaid Indempnifie all such persons who sat and acted in these pretended Parliaments and Committees or who acted in order thereunto or by vertue of and in obedience to the same To be in all time coming unquestioned in their lives and fortunes for these their actings Excepting such as shall be excepted
in a generall Act of Indempnity to be past by His Majesty in this Parliament And forasmuch as the Ordinar Courts of Justice did sit and act by Warrand of these Meetings the Kings MAjESTY for the good and ease of the people doth with advice foresaid Declare That none of the Acts Decreets or Sentences given by these who sat as Lords of Session or as inferiour Judges within this Kingdom these years nor no Execution following thereupon are for want of lawfull Authority to be questioned Whereanent His MAjESTY with advice foresaid by these presents dispenses And also His MAjESTY considering that by a pretended Act and Commission from the said pretended Meetings or Parliaments Augmentations were granted to Ministers Kirks were divided new Kirks were erected and Lands from one Paroch to another dis-joyned and annexed and divers other particulars decerned in relation to the Plantation of Kirks which Commissions one or more though they had no lawfull Authority but in themselves were and are null Yet His MAjESTY being desirous to give all due encouragements to the Ministers of the Gospel doth with advice and consent foresaid Declare That all Acts Decreets and Sentences pronounced and given forth by the saids Commissioners and all Executions thereupon are and shall stand valid in time coming except such as upon the complaint of any party shall be found to have been unjustly or exorbitantly pronounced and decerned The determination whereof is hereby referred by His MAjESTY with advice and consent foresaid to the Commission for Plantation of Kirks to be established by His Majesty in this present Parliament that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of what was done by vertue of the saids Commissions in the years one thousand six hundred and fourty nine and one thousand six hundred and fifty as they shall think just conform to the standing Laws and Acts of Parliament preceeding the year one thousand six hundred and fourty nine and Ordains process upon supplication to be summarly granted parties alwayes being cited and that without any reduction As also with power to the saids Commissioners to be appointed upon the dependence of the saids complaints and process to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter may be determined by them And forasmuch as by a pretended Commission for the Exchequer divers Infeftments Gifts and others were past in the foresaids years one thousand six hundred and fourty nine and one thousand six hundred and fifty His Majesty with advice foresaid Declares That all such Gifts Infeftments and others are and shall be valid excepting alwayes new Gifts and Dispositions of Lands and others granted and past to His Highness prejudice and such other Gifts as upon the complaints of parties shall by His Majesties Treasurer and Commissioners of Exchequer be found to have been unjustly granted or past in prejudice of prior Gifts under His Majesties Hand though not past in Exchequer And whereas by a pretended Act of the foresaid pretended Parliament entituled Act abolishing the Patronages of Kirks all Patronages and Presentations of Kirks whether belonging to the King or any Laick Patron Presbyteries or others were discharged and all Acts Gifts and Rights granted thereanent Rescinded And yet neverthelesse it was thereby declared That the taking away of the Patronages should not prejudge the Patrons Rights to the Teinds nor weaken his Infeftment wherein the same is contained And that the Teithes of the Kirks whereof the Presentations were abolished should belong hereritably to the Patrons and be inserted in their Rights and Infeftments in place of their Patronage with power to the Patrone to dispone upon the saids Teinds in manner and with the exception contained in the said Act. And notwithstanding that the foresaid Act and whole Parliament be declared null yet nevertheless His Majesty with advice foresaid doth by these presents Declare That it shall be lawfull to Laick Patrons or Heretors to agree with the beneficed persons for Tacks or Rights of Teinds belonging to the said beneficed person according to the Laws of the Kingdom with this provision that the saids Tacks shall be no wayes prejudicial to the Stipend and Maintenance of the Ministers and persons to be presented according as the same hath been already modified or shall be modified in time coming and that notwithstanding of any Acts or Statutes made in the contrair All which Acts His Majesty with consent foresaid by these presents Discharges And in like manner His Majesty with advice foresaid Declares That as to such persons who are presently in possession of Kirks pertaining to the saids Laick Patronages the saids persons and Ministers shall during their service claime no right nor possession to the Teinds of their saids Kirks and Parochins other then they had formerly before the making of this Act they having alwayes a sufficient maintenance allowed and granted to them according to the Laws of the Kingdom X. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646. and 1647. THe Estates of Parliament considering the many sad and dangerous consequences that do accompany the neglect and contempt of lawfull Authority and that among the other Judgements wherewith it pleaseth Almighty GOD to visit such who resist the Powers and oppose the Commands of those intrusted by Him as His Vicegerents for the Government of His People they are ofttimes left to their own counsels to do that which highly provokes GOD to wrath renders themselves justly odious to the world and hatefull to their posterity Whereof there is too doolfull an experiment in an Act of the printed Records of Parliament of the sixteenth of January one thousand six hundred and fourty seven entituled Declaration of the Kingdom of Scotland concerning the Kings Majesties Person Which being now taken into consideration The Estates of Parliament do find and Declare That it was carried on and concluded by a prevalent party against the judgement of many of His Majesties Loyal Subjects And that it is a most sinfull disloyal and unworthy Act contrary to the will and commandment of GOD contary to all Laws Divine and Humane contary to the Duty and Alleagiance of Subjects contrary to all the rules of Justice Honour Gratitude and Humanity and highly reflecting on the honour of this ancient Kingdom and the reputation of His Majesties good Subjects therein And therefore the Kings Majesty with advice and consent of His Estates of Parliament doth hereby Annull and Condemn the same for ever And Ordains it to be expunged out of all Records and never to be remembred again but with due abhorrence and detestation And the Estates of Parliament conceiving themselves obliged in conscience to make the truth of this business and the manner of the carrying of it known to the World for the just vindication of this Kingdom and His Majesties dutifull and loyal Subjects
Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs
Predecessors Estate and yet it being as unreasonable that he should dispone thereupon immediately or shortly after his Predecessors death in prejudice of his Predecessors Creditors he having year and day to advise whether he will enter Heir or not Therefore it is hereby Declared That no Right or Disposition made by the said Appearand Heir in so far as may prejudge his Predecessors Creditors shall be valid unless it be made and granted a full year after the defuncts death XXV Act for Denouncing of Excommunicate Persons OUr Soveraign Lord with advice and consent of His Estates of Parliament considering the insolency of excommunicate Papists and others who slight the dreadfull Sentence of Excommunication to the dishonour of GOD and obduring of their own hearts Doth therefore Ratifie and Approve all Acts of Partiament and Acts of Privy Council standing before the year one thousand six hundred and fourty against Excommunicate Persons And Statutes and Ordains That in time coming fourty dayes being past after the said Sentence of Excommunication Letters be direct at the instance of His Majesties Advocate for denouncing all Excommunicate persons His Majesties Rebels and putting them to the Horn and that by Warrand of the Lords of Privy Council or Session which denounciation being used by vertue of the saids Letters at the Mercat Cross of Edinburgh and Peir of Lieth is hereby Declared to be sufficient against them and for using of Caption thereupon and taking of the Escheat and Liferent of the Rebels conform to the standing Laws of this Kingdom Providing alwayes that before the passing of any such Letters of denounciation the whole Process and Sentence of Excommunication be exhibite and produced before the Lords of Session in Session-time to the end that they may consider the legality of the processe and grounds whereupon the Sentence proceeded and that accordingly they may give forth the saids Letters of denounciation as they shall think just and reasonable XXVI Act appointing the Pursuer of the Thief to have the Goods stolen from him restored OUr Soveraign Lord understanding that when Theives are taken and execute for theft or declared Fugitives their whole estate and the goods stolen also doth fall to His Majesty and to Lords of Regalities and other Justitiars pretending right to the saids stolen goods For remeed whereof His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That any person having goods or gear stolen from him and having pursued the stealer thereof shall have his own goods again where ever the same can be apprehended and where the stolen goods cannot be had the Pursuer of the Theif shall have the just value of the goods and gear stolen from him out of the readiest of the Thiefs goods with the expences waired out by the Pursuer he alwayes pursuing the Thief usque ad sententiam Reserving alwayes to the Sheriff or other Magistrates and taker of the Thief the expences waired out by them in the taking and putting the Thief to execution XXVII Act for the Pardon of Penal Statutes OUr Soveraign Lord considering that the precise and rigorous exaction of the Pain Arbitrary and Pecunial adjected to Penal Statutes heretofore made would prove a burden to His Majesties Leiges heavy and unsupportable if by His Majesties grace and favour they should not be eased and liberate of the same In consideration whereof His Majesty being willing to give ease and relief to His Subjects of the foresaid burden Hath therefore been graciously pleased with consent of His Estates of Parliament to Discharge freely Pardon and Remit and by these presents Discharges freely Pardons and Remits all Contraveeners of any of the saids Penal Statutes for all Deeds done by them contrair to the tenor of the same Statutes in time by-gone except only the Statutes concerning the unlawfull taking of Usury Transporting of Silver and Gold and Slaying of Red and Black Fishes which are no wayes discharged by this present Act nor comprehended under the same XXVIII Act discharging the Quots of Testaments OUr Soveraign Lord with advice and consent of His Estates of Parliament for many weighty considerations moving His Majesty Statutes and Ordains That no Quots of Testaments confirmed since the sixteenth of November one thousand six hundred and fourty one and to be confirmed in time coming shall be exacted from any of His Majesties Leiges by Commissars Commissar-Clerks Fiscals and others whom it effeirs but prejudice alwayes of the ordinary Fies due to them as accords XXIX ACT for Poynding upon Sheriffs and Commissars Decreets OUr Soveraign Lord and the Estates of Parliament considering That albeit by Act of Parliament of the date the ninth of July one thousand six hundred and six years Letters of Horning are Ordained to be directed by deliverance of the Lords of Session upon Sheriffs Commissars and other inferiour Judicatories their Decreets upon the simple charge therein mentioned Yet the Act bears no warrand for Letters of Poynding to be granted by the deliverance foresaid upon these Decreets whereby the Parties interessed obtainers of the Decreets are ofttimes prejudged of their payment when these Parties against whom these Decreets are obtained do flit or remove out of the Shire or Jurisdiction of the Judge before whom the saids Decreets are given Therefore His Majesty with advice of the saids Estates Ratifies the Act of Parliament above-mentioned in the whole heads and points thereof And for remedy of the prejudice foresaid Ordains Letters of Poynding to be direct by deliverance of the Lords of Session at the instance of the Parties interessed upon the saids Sheriffs Commissars and other inferiour Judges their Decreets contained in the foresaid Act. Sicklike and in the same manner as Letters of Horning are appointed by the said Act to pass upon the same Decreets that thereby the Parties may have real execution as well as personal upon their Decreets foresaids Likeas His Majesty with advice and consent foresaid Declares That all execution of Poynding legally used upon the saids Decreets since the twelfth of June one thousand six hundred and fourty nine years shall be valid and sufficient and the Parties Messengers and others Executors and users thereof shall never be questioned nor any Process sustained against them therefore either Civilly or Criminally before any Judge whatsomever But prejudice alwayes to Parties against whom Poynding have been used upon reduceable or unwarrantable Sentences to pursue repetition as accords of the Law XXX Act anent the Fewers and Vassals of Kirk-lands OUr Soveraign Lord with advice and consent of the Estates of this present Parliament considering That whereas by the general Surrender of Kirk-lands and Erections made by the Superiors and Titulars thereof in favours of His Majesties dearest Father of ever blessed memory It is specially provided that the saids Superiors and Titulars notwithstanding their Surrender foresaid shall have right to the Few-fermes and Duties of the Vassals and Fewers of the said Kirk-lands and Erections till the Kings Majesty make paiment to
the prices of the Footmantles be raised in the same way and by the same execution with the daily allowance aforesaid the Commissioners alwayes at the rising of each Parliament making the Footmantles forthcoming to the Shire to be disposed as they shall think fit XXXVI Act anent Presentation of Ministers FOrasmuch as the Kings most Excellent Majesty considering how necessar it is for the right and orderly administration of Gods Worship and the exercises of Religion and for keeping of His good Subjects within their duties they owe to GOD to His Majsty to their native Countrey and fellow Subjects especially at this time after so many confusions and distractions both among Church-men and others That more then ordinary care be had in presenting of Ministers to all such Kirks as are or shall be vacand within this Kingdom hath given particular Commission under His great Seal as to all Presentations to all Personages Vicarages and other Benefices and Kirks at His Majesties presentation And as to all other Benefices and Kirks whereof the presentation belongs to any other Patron or Patrons whatsoever His Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That all Patrons or Persons whatsoever who hath or pretends any right to the Presentations to any Patronages Vicarages or other Benefices of cure Kirks or modified Stipends be carefull in all time coming that Presentations to these Benefices Kirks or Stipends be granted by them to such persons only as shall give sufficient evidence of their Piety Loyalty Literature and peaceable Disposition And shall in presence of the Patron or his Atturney and of the Sheriff of the Shire Stewart of the Stewartry or heretable Baily or Commissar of the bounds if it be in the Country and of the Magistrates of the Burroughs within the Burgh before the granting and their accepting the Presentation take and subscribe the Oath of Alleagiance the said Sheriff Stewart Baily Commissar and Magistrates having first taken the Oath themselves And it is hereby Declared That if any person who hath not so taken the Oath of Alleagiance shall be presented by any Patron not only shall the Presentation be void and null of it self but the right of the Patronage as to that vacancy shall belong to the Kings Majesty and the Patrons be repute dis-affected to His Majesties Government and contemners of His Royal Authority And Ordains thir presents to be printed and published at the Mercat Crosses that none pretend ignorance XXXVII ACT concerning the Bullion OUr Soveraign Lord with advice of the Estates of Parliament now presently conveened by His Majesties special Authority considering how much the penury and scarcety of His Majesties Coyn here in Scotland is occasioned by the meannesse and smalnesse of the proportion of Bullion at first imposed never heretofore considerably augmented notwithstanding His Majesties Customes have been several times augmented Enacts Statutes and Ordains That all Commodities lyable in paiment of Bullion shall pay according to the Rates mentioned in the Alphabet of Bullion after-following as the same is now augmented and condescended upon Which Alphabet of Bullion His Majesty with advice foresaid Ordains to be printed and published And to prevent all abuse and prejudice to the said Mint that may occur and fall out by the Customers exacting of His Majesties and His Predecessors their own Coyn from the Merchants exporters of the Commodities lyable in paiment of the quantities of Bullion as is aforesaid or else exacting so much per ounce of the said Merchant exporter to the great prejudice and utter destruction of the said Mint His Majesty with advice foresaid Statutes and Ordains that every Fermerer or Customer within this His Majesties Kingdom shall by the advice and concurrence of the several Clerks of Cocquet cause all and every Merchant whether Native or Forraigner exporter of the Commodities lyable in paiment of the quantities of Bullion set down in the aforesaid Alphabet of Bullion condescended upon and agreed to as the same is now augmented and Ordained to be printed and published find sicker Surety and Caution or give Pledges that he may answer for that Bullion equivalent in proportion to the quantity of goods exported be delivered to the Officers of His Majesties Mint and that of Forraign Bullion either Plate or burnt Silver twelve Denier fine and being baser to be considered by weight and reckoning and the said Surety or Pledges to be taken before the said Merchant receive his Cocquet Transire or other Warrand whatsoever for exporting the saids goods lyable in paiment of the quantities of Bullion as is aforesaid and Prohibites and Discharges all and every of the saids Customers and Clerks of Cocquet within this Kingdom to exact or receive any of His Majesties or His Predecessors Coyns or any other satisfaction whatsoever except the said Forraign Bullion at the fineness aforesaid and that not only under the pain of deprivation of their Offices but also of punishing of their persons and fining of them in their goods by the appointment and at the discretion of the Lords of His Majesties Secret Council and to the effect any such collusion or transaction may be discovered His Majesty with advice foresaid Statutes and Ordains that each person delating or discovering any such collusion or transaction as is aforesaid shall receive and have paid to him the third part of the value of the Bullion that was due to have been paid by the Merchant exporter but prejudice of the certification foresaid As also it is Statute and Ordained That the saids Customers their Accounts be controlled upon the quantity of Bullion delivered to the saids Officers of His Majesties Mint according to their Letters of receit thereof and what rests not delivered that the Customers be answerable therefore and that the saids Customers grant a convenient time for home-bringing of the said Bullion correspondent to the distance of the port at which the goods exported are to be delivered the longest time not exceeding seven moneths And in like manner it is Statute and Ordained That the Alphabet of Bullion as the same is now established and appointed to be printed and published be of full force from the date of thir presents And that all Commodities exported after the said day be lyable to the several proportions of Bullion therein contained notwithstanding of any Act or Acts made or to be made in this present Parliament in favours of any Manufactories Companies of Fishing or Trade or other Acts whatsoever which are hereby Declared not to impede the paiment of Bullion augmented in manner foresaid Follows the A B C. of Bullion as it is now established by our Soveraign Lord and Estates of Parliament A AShes Pot-ashes Wood or Soap-ashes the last four ounces Bullion Silver twelve Denier fine Aquavitae the barrel containing ten gallons two ounces Bullion Silver twelve Denier fine Alum ilk two hundred weight two ounces Bullion Silver twelve Denier fine Anniz-seids ilk hundred weight two ounces Bullion Silver
coming for such use and intent of the like nature as the saids Justices shall appoint All Magistrates of Burghs and keepers of any Goals or Prisons shall receive into their Prisons all such persons as either shall be brought by Constables or sent unto them by Warrands under the hand of any one Justice of Peace the saids Justices causing satisfie for their entertainment and if any Magistrates or their Jaylors suffer any persons committed by the Justices to their Prisons to escape they shall be condignly punished therefore at the discretion of His Majesties Council Item Our Soveraign Lord with advice foresaid Ordains the saids Commissioners to set a price upon Crafts-mens work and upon the Ordinars of Penny-Bridals together with the price of Shearers Fees and to punish the Contraveeners as appertaineth They shall cause sufficient single and double Ale to be brewed in every Shire and shall appoint Visitors to that effect with consent of the Barron and over-Over-lord of the ground They shall set down Acts against notorious and common Drunkards and impose sums upon the Contraveeners according to their qualities and deserts Our Soveraign Lord with advice foresaid Declareth That Three Justices of Peace shall be a full number and Session to decide in matters occurring betwixt the four Quarter Sessions Also Declares that no Letters of Caption ought to be granted against the saids Justices for apprehending of Rebels except they be found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charges doth belong And because there is sensible prejudice seen and felt through many parts of the Kingdom by reason of diversity of Measures and Weights used in the same Therefore Our Soveraign Lord with advice foresaid for removing of all abuses which may ensue in any time to come thereby Hath found expedient and by this Decreet and Statute of Parliament Decerns Statutes and Ordains That there shall be but one just Measure and Weight through all the parts of the Kingdom which shall universally serve all His Highnesse Lieges by the which they shall sell and buy and receive and give out in all times to come which Measure His Majesty with advice foresaid finds should be that Measure of Linlithgow which is now commonly used and which hath been used most customably through the greatest parts of this Kingdom these many years by-past And for setling a perfit Order whereby all the Measures that are now used may be reduced to the conformity of the saids Measures now authorized and for making of proportion answerable betwixt the lesser Measure and Weights and the greatest His Majesty with advice foresaid hath granted full power and Commission to Alexander Frazer of Phillorth Sir Gilbert Ramsay of Balmayn William Scot of Ardross John Murray of Touchadam Sir Robert Hepburn of Keith James Creightoun of Saint Leonards Sir Andrew Ramsay Sir Robert Murray Sir Alexander Wedderburn John Bell William Cunningham Andrew Glen Sir William Thomson Whom or any seven of them His Majesty with advice foresaid Ordains to meet and conveen together at such time and place as they shall think expedient and to consult and advise together and to appoint and determine upon the most convenient means how the said Measures and Weights may be reduced to the conformity foresaid and after they have ripely advised therewith and given forth their determination thereanent they shall deliver the same and whole course of their proccedings in the said matter to the Commissioners and Justices of Peace and to the Deans of Gild of the Head Burghs of the Shires who shall be holden carefully to do their diligence to see the Measure foresaid now appointed to have course through all parts as well Burgh as Landwart And that there may be one constant conformity in Head Burgh and Land Our Soveraign Lord with advice and consent foresaid Ordains that the saids Justices of Peace in Landwart take tryal of the Measures and Weights used in Burgh and to take a Note from the Magistrates and Deans of Gild of every Town of the Weights and Measures and of the number thereof which the saids Magistrates and Deans of Gild in Burgh shall be holden to shew declare and give up to them to the effect the saids Justices to Landwart may confer the same with the Standard now authorized and where they find any disconformity in the same from the said Standard the saids Justices shall inform the Kings Majesties Council thereof that they may take order therewith as appertaineth For it is expresly provided by these presents that the saids Magistrates in Burgh shall not be permitted to have or use moe Measures within Towns then the number to be professed by them and given up in Writ to the saids Justices to Landwart as said is this alwayes being respected That if the saids Magistrates within Burgh find any necessity for having any moe Measures then was given up and used by them before it shall be licenced to them to make moe Measures they being answerable and conform to the Standard and making the saids Justices to Landwart foreseen and acquaint therewith and declaring the number of the Measures whereof they find the necessity of use The saids Justices shall be holden to give command and direction to their Constables to apprehend any such person who shall be found contemptuously to have disobeyed the Censures of the Church they being lawfully required to do the same The saids Justices of Peace as well to Burgh as Land shall conveen and be present at the Quarter Sessions of the Shire where the Burgh and Land lyeth give their Oath to the Bench at their admission make their Record and make paiment of the Fines intrometted with by them as Justices of Peace of that Shire to their Collector They shall appoint a sufficient Collector for uplifting the Fines and Penalties which they have power to impose upon an Offender and are to take Caution of him for making due accompt They shall have during the time of Sessions for every day of their abode so it do not exceed the number of three dayes at the most at one time allowed to every one of them fourty shillings Scots money daily to be paid and uplifted by the Collector of the Fines but neither Earl Lord Bishop Privy Councellor or Sessioner shall have any allowance and all such Justices as have the benefit of that allowance and shall be absent from every ordinary Quarter Sessions or otherwayes when he is required lawfully by the Custos Rotulorum to any particular Meeting shall incur the penalty of fourty pounds Scots money not being lawfully excused and the excuse allowed by the rest of the Justices there assembled The Lords of Session shall direct general and summar Charges of Horning and Poynding at the instance of the Collector appointed in every Countrey for ingathering all Fines and Penalties whatsoever incurred upon a simple Charge of fifteen dayes and no Suspension shall be
such like cases And if any person or persons shall refuse or delay to assist the said Constable or Constables in executing his or their offices such persons for refusing or delaying shall be imprisoned or otherwise punished by the said Justices at their Sessions All Constables shall arrest any person not being in His Majesties service who shall be found wearing of Hagbuts Guns or Pistols in any sort and shall carry them before some Justice of Peace who is either to take security for their appearance the next Quarter Session or commit them Prisoners till they do the same unlesse they be Licenced from the Council or some impowered from them to give such Licences Upon the appearance of any Fray or Stir betwixt parties the Constable shall require the assistance of his Neighbours for sundring of the parties and if there be any harm done to the Constable or any of the Assistants by them who made the Fray they shall be punished by the Justices at the next Session When any person or persons have made a Fray and then flee to an house the Constable or Constabls may follow to the house to open the doors which if he or she shall refuse he shall take notice of the Master or Keeper of the house and require witnesses thereon and albeit the Delinquent shall flee further without the bounds of the Constables charge yet may the Constable follow and apprehend him in a fresh pursute and crave concurrence of the Countrey for that affect The Constables in every Paroch shall execute all such Precepts and Warrands as they shall from time to time receive from the Justices of the Peace And that the saids Constables may have satisfaction for their travels and pains Our Soveraign Lord with advice foresaid Ordains the saids Justices to give up particular Notes in writ to the Auditors of His Majesties Exchequer of the Fines in-brought to them that out thereof such measure and satisfaction may be appointed and given to the saids Constables and also to the Clerks of the Peace as may recompence their travels wherein if it shall be found that the saids Fines shall not be sufficient the saids Lords of His Highness Chequer shall appoint such further satisfaction to them as in their discretion they shall think their labours and diligence do deserve and cause them be paid of the same And notwithstanding of this above-written Act and all the particulars foresaids contained in the same Our Soveraign Lord with advice and consent of His saids Estates Statutes Decerns and Declares That the erection of the saids Commissioners and Justices of Peace and grant of Jurisdiction and Priviledges to them and the making or approbation of the particular Acts above-written introduced in their favours or any thing therein contained shall not be in any sort derogatory or prejudicial to the Rights Priviledges and Liberties granted and bestowed by His Majesty or His Highness Royal Predecessors of before to any of His Majesties Subjects of whatsoever estate or quality from the highest to the lowest But Declares that the saids Rights Priviledges and Liberties shall remain in their own integrity safe intire unhurt or unprejudged by the Premisses or any thing exprest in the saids Articles and every one of them and are holden as especially reserved and excepted out of the same And least this above-written Reservation should seem altogether to destroy the power granted to the saids Justices or should beget controversie betwixt them and any other having right and liberty of Jurisdiction as said is Our Soveraign Lord with advice foresaid for removing of all question which may arise betwixt them thereanent Declares That it shall not be lawfull nor permitted to the saids Justices to make any Citation of Parties before their Courts till the expiring of the space of fifteen dayes after the committing of the Fact for the which the Committer is to be conveened At the compleat out-runing of the which space if any having Power and Jurisdiction as said is hath omitted and neglected to use and exerce the Priviledge and Liberty of their Right and Power It shall then be lawfull to the saids Justices to make Citation and to proceed against the Parties according to the Power and Authority given to them by His Highness with advice foresaid and conform to the particular Articles above-written in all points and no otherwayes If any Party complain to a Constable that he is threatned by another then shall the Constable apprehend the Threatner and carry him with the party Complainer before the next Justice of Peace and if he refuse to go then shall he carry him to Prison Which all and sundry the premisses Our Soveraign Lord with advice and consent foresaid Ratifies and Approves in all points in manner as the same proports And gives unto them the strength and force of Acts and Ordinances of Parliament and Ordains execution to pass upon the same as effeirs XXXIX Act for the Fishings and Erecting of Companies for Promoving of the same OUr Soveraign Lord considering the best and readiest means for improving the benefit and advantages which properly belong unto Him by the Fishes which are or may be taken within the Seas Channels Firths and Lochs adjacent and surrounding this His ancient Kingdom And perceiving the same may be of great advantage many wayes especially in that the said Trade will not only be a Nursery for Sea-fareing men and a speedy occasion of building Ships for His Majesties and His Subjects use both in Peace and War But likewise will set many poor and idle persons a work and furnish the materials of a great native Export for the continual enriching of His Majesties Kingdoms by a sure foundation of Trade and Commerce For which ends and that the said Trade of Fishing may be the more effectually advanced and promoved within this His Majesties ancient Kingdom His Sacred Majesty with consent of His Estates now conveened in this present Parliament hath Erected and by the tenour hereof Erects Creats and Establishes particular Societies and Companies of His Majesties own free born naturalized Inhabitants in Scotland and of all others who shall be taken and inrolled in any of the same Companies and Societies and admitted to the priviledges thereof and shall enter themselves in the saids Societies within any Shire or Burgh of this said Kingdom one or moe betwixt and the _____ day of _____ as the first modern Societies and Companies to the effect after-specified Constituting and Creating such persons who shall enter themselves and their successors in a Body and Incorporation politick to exerce the Trade underwritten And Ordains that none be accepted therein except he who shall enter the sum of five hundred merks Scots at least of Stock in the said Society And Wils and Grants that whosoever are of the foresaid Societies or Companies to be Constitute their Heirs or Assignes shall enjoy the yearly benefit of the Stock to be given by them in all time after the in-giving thereof but to
of any Committee or Incorporation whatsoever which are all hereby Cassed Rescinded and Declared void and null in so far as they may be conceived to derogate from the Priviledges and Immunities granted by this present Act in favours of Trades-men Natives or Strangers belonging to or brought home by the saids Companies of working in the saids Manufacturies And to the end that the foresaids Stuffs and Cloaths may be more usefull at home and have the better vent abroad His Majesty with advice foresaid doth Prohibit and Discharge any Weaver belonging to the saids Companies or private Trades-man to make any Searges under the breadth of an ell and a nail Perpetuanaes and Sempiternums under the breadth of three quarters and a half nor no Woollen Cloath under an ell and a half broad under the pain of twenty pounds to be paid by the Weaver thereof and the saids Stuffs and Cloaths to be confiscat the one half to His Majesties use and the other half to the use of the discoverers thereof Further His Majesty with advice foresaid for encouragement of these who shall enter into the saids Companies or Manufacturies Doth grant to ilk one of the saids Companies all the Priviledges and Immunities that are or shall be hereafter by the Kings Majesty indulged to the Companies or Societies of Fishers as if the same were herein exprest Whereanent His Majesty with consent foresaid hath dispensed and hereby dispenses for ever XLIII Act discharging the exportation of Linnen-yarn and regulating the breadth of Linnen-cloath c. OUr Soveraign Lord conceiving it necessary for the good and wel-being of His Majesties Subjects to project and indeavour the improvement of all the Native Commodities of this His Majesties ancient Kingdom and to make Laws and Ordinances for eviting and preventing of all fraud and deceit used heretofore in making Sale of the saids Commodities And considering that it would tend more to the advantage of His Majesties Subjects and promoving of Manufacturies to restrain the liberty that Merchants have taken to export Linnen-yarn then suffer them to carry the same unto other places and Kingdoms Therefore His Majesty with advice and consent of His Estates of Parliament Discharges any Merchant or others whatsoever to transport out of this Kingdom any Linnen-yarn under the pain of Confiscation of the same the one half to His Majesties use and the other half to the use of the Attacher and Apprehender of the said Yarn and Statutes and Ordains that all Yarn be sold by weight and that no Reel be made use of within this Kingdom under the measure and length of ten quarters and that under pain of Confiscation of any Yarn brought to the Mercat of a shorter Reel the one half to His Majesties use and the other half to the use of the Delaters and Apprehenders of the said Yarn As also His Majesty considering that Linnen-cloath is one of the most usefull Commodities of the product of this Kingdom whereby much money in ancient times was brought home And that now to the great prejudice of the said Commodity the same is brought in contempt abroad and become hardly vendible through the deceitfull Making evil Bleetching and unequal Breadth thereof Therefore His Majesty with advice and consent of the saids Estates doth Discharge and Prohibit all Weavers to make any Linnen-cloath of the price of ten shillings Scots the ell or above under the Breadth of an ell and two inches after the first day of November next to come under the pain to be imprisoned for the space of fourteen dayes and of twenty pounds Scots to be paid for each fault to Magistrates of Burghs Sheriffs of Shires Lords of Regalities and Barrons within their respective bounds and of the Confiscation of the same to the use of the Attachers and Discoverers thereof and Statutes that all Linnen-cloath be taken up by Selvage and not by the Rigg and so to be presented to the Mercat and that all Linnen-cloath be Bleetched without Lime under the pain of twenty pounds for each fault to be paid to the Magistrates foresaid within their respective bounds And lastly It is hereby Declared that all Flax and Linnen-yarn Imported and all Linnen-cloath Exported by such as shall enter into the Companies and Manufacturies for making of Linnen-cloath shall be free of Custom and all other Imposition for the space of fifteen years after the saids Manufacturies shall be established in the persons of such as shall enter themselves in the said Companies betwixt and the first day of January next conform to another Ordinance of Parliament for estabilshing the saids Companies XLIV Act for incouraging of Shipping and Navigation OUr Soveraign Lord considering that the Wealth Safety and Strength of this Kingdom are very much concerned in the increase of Shipping and incouragement of Trade and Navigation both which are much decayed if not wholly ruined by the late unhappy Wars and the sad effects that have followed thereupon And perceiving the present low condition of Trade and the small number of Ships and Sea-men within this Kingdom Hath thought expedient out of His Princely zeal for the publick good with advice and consent of His Estates of Parliament now presently conveened to Statute and Ordain and by these presents Statutes and Ordains that from and after the _____ day of _____ and thence forward no Goods nor Commodities whatsoever that are of Forreign growth Product or Manufacture which are to be brought into Scotland or any of the Isles thereto belonging shall be shipped or brought from any other place or places Countrey or Countries but only from those places where the saids Commodities do grow are produced or made or from the Ports where the saids Goods and Commodities commonly are or usually have been first shipped for Transportation and from no other place or Countrey and in no other Ships or Vessels but such as do truly and only belong to His said Kingdom and whereof the Master and three fourth parts of the Mariners are Natives and Inhabitants within the same or at least in such Ships and Vessels as do truly and only belong unto and are of the build of these Kingdoms or Countries where the saids Commodities do grow are made or produced and whereof the Master and three fourth parts of the Mariners are Natives and Inhabitants within the same All which is to be verefied and attested under the Seal of the City or place from whence they come and Oath of the Parties to whom the said Ships or Vessels do belong under the pain of Confiscation of all such Goods as shall be imported from any other place or Countrey or in any other Ship or Vessel contrair to the true intent and meaning of this Act As also of the Ship in which they shall happen to be imported with all her Guns Furniture Tackle Ammunition and Apparelling the one half to His Majesty and the other half to the use of those who shall discover the Contraveeners of this present Act and pursue for
any of the saids Superiorities of the Lands and others pertaining to whatsoever Chapters Priors Prioresses Preceptors Abbacies and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of with all Warrands Tacks Commissions Baileries or Deputations for entring of the Vassals thereto made and granted by His Majesty or His said Umquhile dearest Father in any time by-gone since the Surrender in Anno one thousand six hundred twenty seven or to be made in time coming with all other Gifts and Donanations of the saids Few-duties formerly belonging to the saids Lords of Erection and made by His Majesties said Umquhile dearest Father after the Surrender and before the Redemption thereof from the saids Lords and all heritable and irredeemable Rights granted by His Majesties said Umquhile dearest Father after the redemption whereby the Profits Casualities and Emoluments of the Superiority of the said Kirk-lands may be conferred to any other person except the proper Vassals thereof directly or indirectly of whatsoever Name Title or Designation they be of and of all gifts of new Regalities or Jurisdiction to be null by way of exception or reply Reserving alwayes to these persons who have right to the Few-duties the Right and Title thereto And reserving to John Earl of Lauderdail His Majesties Sole Secretary for the Kingdom of Scotland a Signatur superscribed by His Majesty at His Court of Whitehal the twenty fifth day of May last by past and past in His Majesties Exchequer of all and whole the Lordship Barronie and Regalitie of Musleburgh containing a new gift of Union and Erection of the same in a free Lordship Barronie and Regalitie and discharges the Treasurer Principal and Deput Commissioners of the Treasurary and remanent Lords of Exchequer Writers to and keepers of the Seals from all passing or expeding any such new Grants Rights Infeftments Tacks Warrands Commissions Baileries or Deputations for entring of Vassals except allanerly such Infeftments and Signaturs as shall be granted to the Lords and others who had formerly right to the saids Erections and Superiorities whereby they might have right to claim the Few-ferms and Few-duties addebted by the Vassals and others subject in paiment thereof allanerly ay and while they be satisfied therefore in manner specified in the fourteenth Act of His Majesties said Umquhile dearest Father His first Parliament and with the whole remanent exceptions and reservations contained in the saids Acts made in Anno one thousand six hundred and thirty three which are holden as repeated and exprest herein It is alwayes Declared that notwithstanding of this Act any who have gotten or shall get any new Infeftment of Superiority of Kirk-lands the same shall stand good as to such Vassals who have given their consents to the said right of Superiority In regard that such a consent as to His Majesty is of the nature of a Resignation of their property in favours of the saids Superior to be holden of the King But prejudice neverthelesse to His Majesty of His Highnesse right of reversion of the Few-ferm Few-duties and Casualities conform to the foresaid Act of Parliament one thousand six hundred and thirty three LIV. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Alterages OUr Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves the Act of Parliament made by King James the sixth His Majesties Grand-father of eternal memory Parliament first Chap. twelfth Anent Provestries Prebendaries Alterages Chaplanries and Collegiat Kirks pertaining to laick Patrons together with the Act of Parliament twelfth Chap. one hundred and fifty eight Ratifying the same and Ordains the saids Acts to have full force and effect in all time coming with this Declaration alwayes That in respect the Vassals which held Lands of the saids Provests Prebendars and others foresaids are put to a great uncertainty of their Superiors it not being known to them who are provided to the saids Provestries Prebendaries Chaplanries Alterages and others foresaids by reason there is no publick Register to the which they may have recourse for knowledge and notice thereof and that the most that they can know by any Register is the Infeftments and Seizings made to these who are laick Patrons holding of His Majesty Therefore for securing of the Vassals who hold Lands Milnes Fishings Tenements Annualrents or others whatsoever of the saids Provestries Prebendaries Collegiat Kirks or of Chaplanries Alterages and others of that nature at any time of before It is Statute and Ordained that the entry of the saids Vassals by Retour Precept of Clare constat Resignation Comprising or otherwayes whatsoever shall pertain to the laick Patrons and their Successors who stand infeft in the said laick Patronages holding immediately of His Majesty and that the entry of the Vassals by them shall be as valid and sufficient to the saids Vassals receivers thereof as if they were entered by the Titulars of the saids Provestries Prebendaries Alterages Chaplanries and others foresaids And that the said laick Patrons shall be in all time coming in their place as Superior to the said Vassals and to have the same power to give Infeftments to His Majesties Subjects upon Retour or by precept of Clare constat or by Resignation Comprising or any manner of way with Gifts De novo damus and that without consent of persons provided or to be provided to the saids Provestries and Prebendaries of Collegiat Kirks Alterages Chaplanries or other Titulars of Collegiat Kirks and also without consent of the Chapter or Convent of the saids Prebendaries thereof or most part of the same which of before was in use and custom Whereanent and anent all Acts in the contrair His Majesty with consent foresaid dispenses for ever Reserving alwayes to the Titulars of the saids Provestries Prebendaries Alterages Chaplanries and others foresaids the Fruits Rents and Emoluments of the saids Provestries Prebendaries and others foresaids which are no wayes prejudged by this present Act. It is hereby further Statute and Ordained with advice and consent foresaid where there are any Prebendaries Chaplanries Alterages or other foundations of that nature above-mentioned founded and situated within any Burgh Royal of this Kingdom that the Provest Baylies and Council of that Burgh where the same are founded are and shall be in all time coming only undoubted Superiors by whom and by no others the Vassals and Tennents shall enter in manner above-specified the saids Provest Baylies and Council having been formerly Patrons of these Chaplanries LV. Act anent Cocquets and Entries of Ships OUr Soveraign Lord understanding there are diverse abuses committed by the Customers and receivers of Entries of Ships and by the keepers of the Cocquet in sometime exacting from Masters of Ships greater sums of money then is due to them and sometimes absenting themselves to the great prejudice of the Merchants estate and to the hazard of the losse of their voyage Therefore our Soveraign Lord with advice and consent of the
Estates of Parliament Ordains that there be no greater price exacted for entering their Ships and Goods then the sum of twenty three shillings four pennies and for the said Cocquet then the sum of fourty shillings and that the keepers of the said Cocquet attend by themselves or their servants diligently and readily to answer and give out Cocquets to all Merchants and Masters of Ships under pain of losing their place whensoever they shall be found either to exact more then the said sum above written or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same LVI Act anent Coal-hewers OUr Soveraign Lord with advice and consent of His Estates of Parliament Ratifies the eleventh Act of the eighteenth Parliament of King James the sixth of worthy memory made anent Coal-hewers and Salters with this addition That because Water-men who laves and draws Water in the Coal-heugh-head and Gates-men who worke the wayes and passages in the said Heughs are as necessar to the owners and Masters of the said Coal-heughs as the Coal-hewers and bearers It is therefore Statute and Ordained by Our Soveraign Lord with advice and consent foresaid That no person shall hire nor seduce any Water-men Winds-men and Gates-men without a Testimonial of the Master whom they serve under the pains contained in the former Acts in all points And because it is found by experience that the giving of great Fees hath been a mean and way to seduce and bring Coal-hewers from their Masters It is therefore also Statute and Ordained That it shall not be lawfull for any Coal-masters in this Kingdom to give any greater Fee then the sum of twenty merks in Fee or Bounteth under any colour or pretext and because the saids Coal-hewers and Salters and other Work-men in Coal-heughs within this Kingdom do ly from their work at Pasch Zule Whitesunday and certain other times in the year which times they imploy in Drinking and Debauchry to the great offence of GOD and prejudice of their Master It is therefore Statute and Ordained That the saids Coal-hewers and Salters and other Work-men in Coal-heughs of this Kingdom worke all the six dayes of the Week except the time of Christmasse under the pain of twenty shillings Scots to be paid to their Master for ilk dayes failÈie by and attour the prejudice sustained by their saids Masters and other punishment of their bodies LVII ACT discharging the Custom of two and a half of the Hundred and the Impost of four pounds on the Tun. OUr Soveraign Lord considering that the prices of all Merchandice do daily rise to exceeding great dearth which is alleaged to be occasioned through extraordinary Customs and Impositions For remedy whereof His Majesty with advice and consent of His Estates of Parliament Doth discharge all and sundry whatsoever Customs and Impositions exacted by the Customers which are not allowed by the Acts of Parliament and especially the late Custom of two and an half per cent and the late new Imposition of four pounds upon the Tun of Wine and all raising of His Majesties Customs directly or indirectly without consent of Parliament And because that the too much troubling of Merchants and drawing of Masters and Mariners from their ordinary charges doth much impede the Trade Therefore His Majesty with advice and consent foresaid discharges the taking of Merchants Masters and Mariners Oaths in the matter of Customs And to the end that the Subject of Trade may not be restrained with unnecessary Customs His Majesty with advice and consent foresaid Declares that all Goods and Merchandice imported from Forraign places to this Kingdom and out of the same paying Inward-custom shall be free of all Outward-custom according as is used in England and Ireland Likeas His Majesty Declares that He consented to the Act above-written upon this condition that Commission and Warrand be granted to the Exchequer to establish the Book of Rates according as the prices of Merchandice now rules and His Majesty permitted the option to the Burroughs whereupon the Burroughs having advised they made choice to be ruled by the the Book of Rates anent the Customs and consented that Commission should be granted to the Exchequer to establish the Book of Rates according as the prices of Merchandice now rules In respect whereof Our Soveraign Lord Ordains a Commission to be drawn up to the Exchequer to the effect foresaid and extracted thereupon for establishing the Book of Rates according as the prices of Merchandice now rules And therefore Our Soveraign Lord with advice and consent foresaid Ordains the Act above-mentioned to stand as a Law in manner and to the effect above-rehearsed LVIII Act in Favours of these who get their Ward-holding changed by the Kings Majesty THe Estates of Parliament having taken to consideration that some difficulty hath occurred in the prosecution of His Majesties Royal Fathers intention of changing of Ward-holdings in Few for the well of His Subjects conform to the two Commissions granted by His said Majesty thereanent under the Great Seal of this Kingdom And that the said difficulty hath risen upon this ground that diverse of His Majesties Subjects holding Lands of His Majesty or of the Prince Ward or Few cum maritagio holds also other Lands of other Superiors Ward who whilst their Vassals held Lands Ward or Few cum maritagio of His Majesty or of the Prince could pretend no right to the Marriage of the Vassals Heir when the same shall be changed in Few and Composition and a yearly Few-duty being granted to His Majesty or the Prince for the said Ward and Marriage the other Superiors of the said Vassals of whom he holds Ward may contend for the benefit of the casuality of the Marriage of His Vassals Heir when the same falls out he being the Vassals eldest Superior of whom he holds Ward which was grievous to the Vassals who by this new course of changing of his holding hath componed both for Ward and Marriage Therefore it is Statute and Ordained by the Kings Majesty with advice and consent of His Estates of Parliament That all Vassals holding Ward of His Majesty or the Prince or holding Few cum maritagio who shall hereafter compone and agree with the Commissioners to be appointed by His Majesty for changing of their Holdings from Ward to Few or for renunciation of the Marriage contained in their Few-infeftments their Heirs and Successors in the saids Lands shall be free of the Marriage that can be acclaimed by their Superiors of the Lands holden by them of their saids other Superiors Ward and that the saids other Superiors shall have no right to the Marriage of their Heirs when the same falls out no more then they would have had if the Lands holden Ward of His Majesty or the Prince had continued still Ward but that the saids Vassals whose holding shall be changed or who shall compone for their Marriage as said is their Heirs and Successors shall
them of the prices of the saids Few-fermes and Duties modified by the Lords and others of the Commission for Surrenders and Teinds And sicklike the Fewers and Vassals of the saids Kirk-lands and Erections are oblieged by their new Infeftments under the great Seal to pay the saids Few-fermes and Duties to the Kings Majesty and His Successors and so against reason may appear to be lyable to double payment thereof It is therefore Statute and Ordained by His Majesty with consent foresaid That the saids Fewers and Vassals of Kirk-lands and Erections their Heirs and Successors shall be oblieged to make thankfull payment of the saids Few-fermes and Duties contained in their Infeftments and whereof the said Superiors and Titulars have been in possession preceeding that Surrender foresaid to the saids Superiors and Titulars their Heirs and Successors ay and while they get paiment of the prices modified by the saids Lords and others of the Commission foresaid according to the Act of Parliament one thousand six hundred and thirty three years And that Letters of Horning and Poynding shall be granted to that effect without prejudice alwayes to His Majesty and His Successors of the superiority of the saids Fewars and Vassals surrendred in manner foresaid and without prejudice to them of their Infeftments taken to be holden of His Majesty and His Successors Likeas it is Declared That the saids Fewers and Vassals of Kirk-lands and Erections have been in bona fide in paiment of the saids Few-fermes and Duties to the said Superiors and Titulars of all times bygone according to the provisions contained in the said general Surrender It is alwayes provided that this Act shall not be prejudicial to an Act past by this Parliament in favours of the Earl of Lauderdail of the Lordship of Musleburgh of the date the ninth day of April last XXXI Act concerning the Registration of Comprisings OUr Soveraign Lord with consent of the Estates of Parliament considering that the Registration of Comprisings was only established by an Act of Secret Council and never authorized by any Law or Act of Parliament and that the Registration thereof did put the Lieges to unnecessar charges neither adding to the validity of the Comprisings nor to the benefit of the Comprisers Hath therefore discharged and by these presents discharges all Registration of Comprisings with all Gifts Acts of Council and other Warrands and Custome whatsomever granted and observed at any time heretofore thereanent and by their presents Ratifies and Approves the Custome observed these many years past whereby in place of the said Registration a short Record of all Comprisings of Lands Teinds and others and of the Comprisers names and designations the Defenders names the Debts for which the Comprising is deduced the Messengers and Clerks names the date of the Executions the Witnesses names thereto and of the Superiors of whom the comprised Lands are holden hath been made in a Book by the Clerk of Register and his Deputs at the allowing of the saids Comprisings for which Allowance and Recording there is only fourty shillings Scots to be paid and which Custome is very usefull and necessar for information of the Lieges And therefore His Majesty with advice and consent foresaid Ratifies and Approves the foresaid Custome and Ordains all Comprisings formerly deduced and not allowed and recorded in manner above-written to be brought in to the Clerk of Register and his Deputs within threescore dayes after the publication hereof and all Comprisings to be led and deduced hereafter to be brought in to the said Clerk of Register and his Deputs within threescore dayes after the date thereof With certification that if they be not allowed and recorded within the said space any other Comprising though posterior in date yet if it be allowed and recorded before the prior Comprising the same shall have preference according to the date of the Allowance and Record but prejudice alwayes to any further diligence by Infeftments or charges against the Superior according to the priority or posteriority thereof pro ut de jure XXXII Act concerning Heritable and Moveable Bonds OUr Soveraign Lord with advice and consent of His Estates of Parliament for many just and reasonable causes moving Him Statutes and Ordains That all Contracts and Obligations for Sums of money payable to Parties at any time made and dated since the sixteenth day of November one thousand six hundred and fourty one or to be made in time coming containing clauses for paiment of Annualrent and Profit are and shall be holden and interpret to be Moveable Bonds except in these cases following viz. That they bear an expresse obliegment to infeft or that they be conceived in favours of Heirs and Assignes secluding Executors in either of which cases Ordains the Sums to be Heritable and to pertain to the Heir otherwayes to be confirmed by the Executor and to appertain to the nearest of Kin and to the Defuncts Executors and Legators according to the Law and practict of Moveables Declaring alwayes that all such Bonds quoad fiscum shall remain in the same condition as they were before the said sixteenth of November one thousand six hundred and fourty one not to fall under the compasse of single Escheat nor shall any part thereof pertain to the Relict jure relictae where the Bonds are made to the Husband nor to the Husband jure mariti where the Bonds are made to the Wife unless the Relict or Husband have otherwayes right and interest thereto Declaring neverthelesse that this provision shall no wayes prejudge Wife nor Husband and their Executors of their respective Titles and Interests to the by-gone Annualrents of the saids Bands resting before either of their deaths XXXIII Act for the right Packing of Salmond OUr Soveraign Lord and Estates of Parliament understanding that the Salmond-fishings are one of the principal benefits whereby Trade is maintained and Money brought into the Kingdom And that through the evil ordering thereof both in the insufficiency of the Barrels and also in the disloyal packing of the same not only is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should return thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ratifies and Approves all and sundry Acts of Parliament Laws and Constitutions of this Realm made anent Salmond-fishing and the sufficiency of the Barrels and loyal packing thereof with this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappel for which they shall be answerable without Worm-holes and White-wood and of sufficient tightnesse for containing the pickle and sufficient tightnesse for enduring all kinde of stresse in the handling and that the Barrels contain no lesse then ten gallons of the Stirling pint conform to an Act of His Majesties Council of the date at Halyrood-house the fifteenth day of July one thousand six hundred and nineteen years which His Majesty with