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A11651 Acts made in the first Parliament of our most high and dread soveraign Charles, by the grace of God King of Great Britane, France, and Ireland, defender of the faith, &c. Holden by himself, present in person, with his three estates, at Edinburgh, upon the 28 day of June, 1633.; Laws, etc. Scotland.; Hay, John, Sir, 1578-1654. 1650 (1650) STC 21902.5; Wing S1168A; ESTC S122278 68,062 76

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ACTS MADE IN THE FIRST PARLIAMENT OF OUR MOST HIGH AND DREAD SOVERAIGN CHARLES BY THE GRACE OF GOD King of Great Britane France and Ireland Defender of the Faith c. Holden by Himself present in person with his Three Estates at Edinburgh upon the 28 day of June 1633. EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent Majestie Anno 1633. The Right Honble. Patrick Hūme Earl of Marchmont Viscoūnt of Blasonberry Lord Polwarth of Polwarth c. Lord High Chancelor of Scotland 1702. GOD AND MY RIGHT IN MY DEFFENCE ACT 1. ANENT THE TAXATION GRANTED TO His MAIESTIE of thirtie shillings Tearmly upon the pound Land and the sixteenth pennie of all Annuall-rents IN THE PARLIAMENT holden at Edinburgh the twenty eighth day of June the yeare of God 1633. THE THREE ESTATES of Parliament being assembled having taken to their consideration the many blessings which this nation doth enjoy under his Majesties most wise happy and peaceable government whereof each Estate is most sensible his Majesties royall zeale for propagating the Gospel of Jesus Christ his care for providing sufficient maintenance for the Clergie his extraordinary paines taken for uniting the disjoynted members of this Common-wealth and extirping of all roots of discords releeving the oppressed and with so eaven and fatherly a hand curing the wounds of this Common-wealth as the wisest eye can finde no blemish in the temper of all his royall actions And last the great comfort they have by enjoying his Majesties royall presence paines taken and expences disbursed by his Majestie in this his Majesties journey with a most thankfull acknowledgement are most earnestly and humbly to entreat his sacred Majestie to accept of this their voluntary offer of one taxation to be imposed collected and payed to his gracious Majestie in manner and at the termes following That is to say The Dukes Marquesses Earles Vicounts Lords and Commissioners of Shires for the temporall Estate have granted that there shall be uplifted of every pound land of old extent within this Kingdome pertaining to Dukes Marquesses Earles Vicounts Lords Barons and Freeholders and Fewers of his Majesties proper lands the summe of thirty shillings money at every one of the six severall termes following viz. The summe of thirty shillings money at the feast terme of Martinmas in the year of God 1634. The summe of other thirtie shillings mony at the feast and terme of Martinmas in the year of God 1635. The summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1636. The summe of other thirty shillings money at the feast and terme of Martinmas in the year of God 1637. The summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1638. And the summe of other thirty shillings money at the feast and terme of Martinmas in the yeare of God 1639. AND the Archbishops and Bishops for the spirituall Estate have granted that there shall be up-lifted of all Archbishopricks Bishopricks Abbacies Pryories and other inferiour ●enefices within this Kingdome at every one of the six termes above-specified the just taxation thereof as they have beene accustomed to be taxed unto in all time by-gone whensoever the Temporall lands of this Kingdome were stinted to thirty shillings the pound land of old extent And the same taxation to be payed at every one of the six severall termes above-specified AND the Commissioners of Burrows for their Estate have granted that there shall be uplifted of all the Burrows within this Kingdome at every one of the six termes above-specified the just taxation thereof as they have been accustomed to be taxed unto in all time by-gone whensoever the Temporall Lands of this Kingdome were stinted to thirty shillings the pound land of old extent And the said Taxation to be payed at every one of the six severall termes above-written AND in regard that his Majestie hath erected sundry Prelacies in temporall Lordships whereby the owners thereof may claime to be taxed with the Barons of the Temporall Estate and thereby his Majestie will be defrauded of a great part of the said Taxation THEREFORE THE SAID ESTATES ordaine that all erections of Prelacies and other small Benefices in whole or in part in Temporall Lordships shall in payment of the said Taxation pay to the Collectour thereof so much of the same Taxation pro rata as if they were no wayes erected and as they were subject to do before the erection of the same AND such like it is statute and ordained that all dissolved Benefices within this Kingdome in whole or in part shall be subject in payment of so much of the same taxation pro rata as they would have beene subject to pay though the same had not beene dissolved And that those parties who have gotten any part or portion of any Prelacies or other inferior Benefices dissolved new securities made unto them by his Majestie of that part and portion thereof so dissolved shall be subject in payment of the Taxation thereof to the Prelate or other beneficed person for his reliefe of the same Taxation as they would have been so the same had not beene dissolved notwithstanding of any condition contained in the infeofments and securities made by his Majestie to them in the contrary thereof AND FURTHER his Majestie and the said Estates annull and discharge all priviledges and immunities whatsoever whereby any persons may think themselves free of payment of this present Taxation The priviledges granted to the ordinary Lords and Senators of the Colledge of Justice and the taxation of Benefices given disponed and mortified for entertainment of the Universities Colledges and Hospitalls within this Kingdome onely excepted AND further the said Estates for a more ample testification of their exceeding great affection to his Majesties service have beside and attour the ordinary taxation above-written made a free and willing offer to his Majestie of one yearly extraordinarie taxation of the sixteenth penny of all annual rents which any person or persons within this Kingdome hath freely due and payable to them yearly or termly Their own annuall rents wherein they are adebted to others being first deduced The first termes payment whereof shall bee and begin at the Feast and terme of Martinmasse in the yeare of God one thousand six hundred thirty foure years and so forth yearly and termly at Whitsunday and Martinmasse for the space of six years while the said six years and twelve termes payment thereof bee full and completely out-run AND for the better triall of every man his annuall-rents which hee hath yearly or termly due to him It is ordained that this act be published at the Market Crosse of Edinburgh and of the whole head burrows of the Sheriffedomes Stewartries bayleries and Regalities within this Kingdome whereby all his Majesties Lieges may have true notice thereof AND therewithall the said Estates will command and ordaine all his Majesties subjects that have
the victuall in ilk part of the Country compting for ilk hundred markes of the prices of the said victuallbeing redacted in money six markes for his Majesties annuitie Which Act is thereafter upon the twentieth of December 1631. ratified by the Lords of secret Councell And letters of horning and poynding ordained to be direct thereupon and thereafter ratified by the Lords of Exchequer upon the twentie third of the said moneth of December And his Majestie and Estates statute and ordaine the said annuitie forth of the teinds to be payed to his Majestie and his Successors of the said crop and year of God 1628. and of all yeares sensine and in time comming And that aswell out of the unvalued as valued teinds conforme to the tenours of the said Acts of convention secret Councell and Exchequer And ordaines letters of horning and poynding to be direct by the Lords of his Majesties Exchequer at the instance of his Majesties Thesaurer principall and depute for payment of the said annuitie of all years by-gone and in time comming And ordaines the Lords of his Majesties Exchequer to sit at all convenient times for granting and discussing of suspensions touching the said annuitie of teinds It is alwaies declared that the last clause and article contained in the said Act of annuitie whereby the Commissioners thinke fit that the said annuitie of teinds shall bee annexed to the crown is no waies ratified by this present act nor no clause thereof And that his Mie takes to his own gratious consideration what to do thereanent in whole or in part as his Mty in his royall wisdome shall think most expedient And whatever his Mtie shal do now or hereafter thereanent shal be as valid and effectual as if the same had been particularly exprest in this present act ACT XVI ANENT VASSALS HOLDING WARD OUR SOVERAIGNE LORD And Estates of this present Parliament ratifie and approve the Act of Parliament made by his Majesties um while Father of eternall memorie 18. Parliament cap. 12. Intitulate Act anent setting of fewes to sub-vassals of ward lands in the whole heads and articles thereof And farther his Majestie with consent of the said Estates hath extended and doth extend the said act of Parliament and benefit thereof in favour of his sacred Majestie and of the Prince of Scotland and their Successors in all time coming And statutes and ordaines that it shall no wayes bee lawfull to whatsoever Vassals holding lands of his Majestie or of the Prince of Scotland or of any Duke Marquesse Earl Vicount Lord Prelate Baron or any other person whatsoever holding their land of their Superiour by service of war and relief to set their said lands baronies milnes fishings or any other lands or haritages whatsomever holding ward as said is To any other person or persons in Few for payment of a Few-ferme dutie or in any manner of holding in prejudice of the said ward holding without speciall advice and consent of their superious of whom they hold the same respective And rescinds and annuls all former acts of Parliament of whatsomever date or tenor which may in any sort derogate to this present act And findes and declares that all and whatsomever infeftments to be granted otherwise without consent of the said superiours respective or their confirmation abtained thereto doth no wayes stop the ward of the said lands nor hinders the curse of recognition vacand or which shall happen to vake in the superiours hands incase of altenation of the same either of the whole or of the most part thereof according to the curse of the common Law without consent of their superiours but prejudice to their said superiours respective and their successors of the benefit of the said act of Parliament 1606 whereby all such infeftments and grants without consent as said is are declared to be null by way of action exception or reply Which clause shall stand in favour of his Majestie and in favour of the Prince and their Successors and other superious respective foresaid sicklike and in the same manner as if the said clause were insert in this present act and this act shall not be extended to deeds lawfull done in time by-gone before the date of this present act but onely ad futura ACT XVII ANENT THE RATE AND PRICE OF Teinds FOR SO MUCH As our Soveraigne LORD out of his Royall and Fatherly care tendering the publique good of this his ancient Kingdome did immediatly after his happie attaining to the Crown publish and give forth his Royall declaration anent the reforming of the abuses used in leading of teinds wherein his Majesties umwhile Father of eternall and blessed memorie laboured so much in his time and for provision and maintenance of Kirks and another pious uses forth of the said teinds And now his Majestie being by Gods gracious providence present in his Royall Person within this his Majesties ancient Kingdome and holding this his first Parliament of his whole Estates of the same with whom his Majestie hath advised and resolved to put that glorious worke anent the teinds to a full perfection THEREFORE His Majestie with consent of the three Estates by these presents statutes ordaines and declares that there shall be no teind-sheaves or other teinds Personage or Vicarage led and drawn within the Kingdome but that each heretor and life-renter of lands shall have the leading and drawing of their owne teind the same being first truely and lawfully valued and they paying therefore the price after-specified incase they be willing to buy the same or otherwise paying therefore the rate of teinde after specified Like as his Majestie and Estates find and declare that the just and true rate of teinds is and shall be the fift part of the constant rent which each land payeth in stock and teind where the same are valued joyntly and where the teinds are valued apart and severally that the just rate thereof is and shall be such as the same is already or shall be hereafter valued and proved before the said commissioners or subcommissioners deducing the fift part thereof for the ease of the heritors reserving alwayes liberty to such as shall finde themselves enormly hurt by the leading of the said valuations to persue for rectifying of the same before the commissioners appointed by his Majestie and Estates for that effect And also his Majestie with consent of the three Estates finds and declares that the price of all teinds which may be sold and annalied consisting either in money victuall or other bodies of goods is and shall be ruled and estimate according to nine yeers purchase the prices of victuall and other bodies of goods whereof the teind consists being redacted in money according to the worth and price of victuall and goods in each part of the countrey to the which the same is and shall be prized and estimate by his Majesties commissioners already appointed or to be appointed to that effect And findes and declares that each heritor in
sacred Majesty and Estates of Parliament presently conveened Remembring that at the first institution of the colledge of Justice and divers times thereafter in the Parliaments ratifying the same his Majesties royall Antecessors and Estates of the Realme then assembled found the erection of that honourable Consistorie which is a biding monument of the glorie of their reignes not onely to be most usefull for royall service but also necessary and profitable for the peace of the Kingdome and to the seene good and comfort of all the subjects And considering that the provision allowed of before to the Lords of Session was no wayes sufficient for defraying of their charges and that through their continuall attendance their private affaires are neglected and great losses thereby sustained by them THEREFORE and to the effect the said Senators and Lords of Session present and to come may be more encouraged to goe on and to persist as they doe in their zeale and affections to his Majesties service and in faithfull ministration of Justice to the generall weal of the Realme and all the Lieges The said Estates with the speciall approbation and gracious good liking of the Kings sacred Majestie have most freely condiscended statute enacted that a taxation be presently imposed upon their lands and meanes which with his Majesties consent foresaid they ordaine to be collected payed to the effect in manner and at the termes following That is to say The Duke Marquesses Earles Vicounts Lords and Commissioners of Shires for the temporall Estate have granted that there shall be up-lifted of every pound land of old extent within this Kingdome pertaining to Dukes Marquesses Vicounts Lords Barons and Free-holders and Fewars of his Majesties proper lands the sum of ten shillings money at every one of the foure termes following viz. The sum often shillings money at the feast and terme of Martinmasse next to come in this instant yeare of God 1633 yeares the sum of other ten shillings money at the feast and terme of Martinmasse 1634 yeares the sum of other ten shillings money at the feast and terme of Martinmasse 1635 yeares and the sum of other ten shillings money at the feast and terme of Martinmasse 1636 yeares And the Archbishops and Bishops for the spirituall Estate have granted that there shall be up-lifted of all Archbishopricks Bishopricks Abbacies Pryories and other inferior Benefices within this Kingdome at every one of the foure termes above-specified the just taxation thereof as they have beene accustomed to be taxed in all time by-gone whensoever the temporall lands of this Kingdome were stented to ten shillings the pound land of old extent And the same taxation to be payed at every one of the foure termes above-specified And the Commissioners of Burrowes for their Estate have granted that there shall be up-lifted of all the Burrowes within this Kingdome at everie one of the foure termes above-written the just taxation thereof as they have beene accustomed to be taxed unto in all time by-gone whensoever the temporall lands of this Kingdome were stented to ten shillings the pound land of old extent And the said taxation to be payed at every one of the said foure termes above-written And in regard that his Majestie hath erected sundrie Prelacies in temporall Lordships whereby the owners thereof may claime to be taxed with the Barons of the temporall Estate whereby the said Lords of the Session would be defrauded of a great part of the said taxation destinate and appointed as said is Therefore the said Estates ordaine that all erections of Prelacies and other small benefices in whole or in part in temporall Lordships shall in payment of the said taxation pay to the collectors thereof so much of the said taxation pro rata as if they were no wayes erected and as they were subject to doe before the erection of the same And sick like it is statute ordained that all dissolved benefices within this kingdome in whole or in part shall be subject in payment of so much of the same taxation pro rata as they would have beene subject to pay though the same had not beene dissolved And that the parties who have gotten any part or portion of any Prelacies or other inferior benefices dissolved and new securities made unto them by his Majestie of that part and portion thereof so dissolved shall be subject in payment of the taxation thereof to the Prelate or other beneficed person for his reliefe of the same taxation as they would have beene so the same had not beene dissolved notwithstanding of any condition contained in the Infeftments and securities made by his Majesty to them in the contrary thereof And farther the said Estates annull and discharge all priviledges and immunities whatsoever whereby any persons may thinke themselves free of payment of this present taxation the priviledges granted to the ordinary Lords and Senators of the Colledge of Justice and the taxation of the benefices given disponed and mortified for intertainment of the Universities Colledges and Hospitalls within this Kingdome onely excepted Attour our said Soveraigne Lord and Estates foresaid have given and granted and by these presents give and grant full power and authoritie to the said Lords of Session to nominate appoint and elect their owne Collectors one or moe as they shall thinke most expedient for up-lifting of the foresaid taxation to the effect foresaid Which summes of money after they shall be in-gathered as is before appointed Our Soveraigne Lord and the Estates foresaid destinate and ordaine to be mortified by imployment upon land heritably or for annual-rent or other sufficient securitie as may conveniently be found for the use and benefit of the said ordinarie Lords of Session present and to come To the effect that the yearely profit and annuall of the said lands or moneys as the same shall happen to be imployed may be received by them and their successors in their said offices yearely and termely after the termes of payment of the same and applyed to their behove in manner and conforme to the consuetude of the division of the yearely duety presently allowed and received by them and that by and attour the present provision and rents allotted to them by Parliaments heretofore And to that effect the said ordinary Lords of Session shall with all convenient diligence make subscribe and deliver to his Majesties Thesaurer principall deputie a sufficient and valide security by band or contract made by the sight and advice of his Majesties Advocate for imploying of the said taxation and whole benefit thereof in whole or in part as the same shall be up-lifted to the use and effect above-specified And ordaine the particular forme and manner of up-lifting and in-gathering of the said taxation and reliefe of the Prelats Lord of erections and other beneficed persons to be conforme to his Majesties owne taxation granted in this present Parliament in all points except in so farre as concerneth the particular day to be