about the said Trade and belonging to the respective Companies of Fishing from all harm trouble or dammage whatsoever or else to satisfie and refound their loss and dammage which they shall sustain upon their Land but also that they nor none of them presume nor take upon hand to exact or levy any more from the saids Fishers Merchants or their Servants belonging to the saids Companies for Ground-leave but only twelve shillings Scots for every Last and that in full satisfaction of the Saturdayes fishing or any manner of Dues whatsoever And for the greater incouragement of Merchant-fishers Masters of Ships and other Vessels and their Servants to attend the said Trade of Fishing His Majesty by His Soveraign Authority and Prerogative Royal not only by these presents Declares the Ships Boats and other Vessels with their Furniture provided for and in exercise of the said Trade of Fishing no wayes to be Arrestable by any Creditor but that the same and those that shall serve therein shall not be Pressed to any publick service without His Majesties particular Command And that the Fishers Masters and Servants in the saids Vessels and makers of Herring and White-fish during the whole time of the said Fishing and their imployment therein shall be free from all Actions and no wayes conveenable before any Judge or Judicatory whatsoever for any cause or causes Civil which may be intended against them But also by the tenour hereof Declares the saids Fishers Masters and their Servants above-written shall be free of all Captions Arrestments or other Attachments on their persons or against their Materials and Instruments of Fishing during the time and season of Fishing they being actually serving therein allanerly And further that none who shall be upon the Council or any of the Societies of Trade foresaid shall be lyable to Sess Stents or Taxations for what Stock they have entered or shall enter in the saids Companies or Societies respective or for the benefit and profit arising thereby in time coming And it is hereby Declared that it shall be licent to any of the Council or Societies of the said Trade of Fishing respective for the good thereof to dwell and reside in any part or place of this said Kingdom albeit they be Burgesses in any Burgh Royal and not thereby lose their freedom notwithstanding of any Act or Acts in the contrair And in like-manner it is hereby Declared that no person or persons shall have liberty to export Herring or Fish nor use or have the Priviledges Liberties and Immunities above-written but those that shall enter themselves and be free in one or other of the saids Companies and Societies And finally It is hereby Statute and Ordained that those in the several Shires and Burghs of this Kingdom who shall enter in the saids Companies and Societies conform to the tenour of this present Act shall give an account thereof to the Parliament or His Majesties Council of Trade for the time within _____ after the erection thereof that the same may be Recorded ad futuram rei memoriam XL. Act for Erecting of Manufacturies OUr Soveraign Lord considering how many great advantages this Kingdom and the Subjects thereof may have by the Erecting Cherishing and Maintaining of Manufacturies thereby keeping in the Countrey great sums of money daily exported for bringing in such Commodities as may be made at home and bringing in money for such commodities as may be made and wrought within the same and exported to Forraign Nations besides that thereby many Poor people and Idle persons and Vagabonds will be set at work and entertained whereby vertue will be increased and idleset curbed and restrained And that upon this account and for this end several Acts have been past by His Majesties Royal Predecessors in their Parliaments Conventions and Councils and especially the one hundred and thirteenth Act of the seventh Parliament and the two hundred and fifty and two hundred fifty two Acts of the fifteenth Parliament of King James the sixth and Acts of Council in the years one thousand six hundred one thousand six hundred and one one thousand six hundred and twelve one thousand six hundred and fourteen one thousand six hundred and sixteen one thousand six hundred and twenty one thousand six hundred and twenty three and Acts of Convention one thousand six hundred twenty five and one thousand six hundred twenty six years And His Majesty being resolved to prosecute what hath been formerly intended and to give such new incouragements as is necessary for advanceing of Manufacturies Hath therefore thought fit with advice and consent of His Estates of Parliament hereby to grant to all such persons as have or shall undertake to set up any Manufacturies the Priviledges following viz. If any Stranger shall come or be brought into this Kingdom by Natives to set up work and teach his Art in making Cloath Stuffs Stockings Soap or any other kinde of Manufactury he shall enjoy the benefit of the Law and all other Priviledges that a Native doth enjoy with power to erect Manufacturies either in Burgh or Landwart as they shall think fit and there to dwell and exercise their Trade without any stop or trouble And for their further incouragement Declares all Oyl Dying-stuffs Forraign Wool Pot-ashes or any other materials whatsoever usefull for Manufacturies that shall be imported to be free of Custom Excise and other publick Dues and that all Cloath Stuffs Stockings or any other Commodity to be made and exported by them be free of Custom and Excise for nineteen years after January one thousand six hundred and sixty two years And if any Stock shall be imployed for erecting or entertaining of any Manufacturies of any kind the same is to be free of all publick and private Taxes whatsoever Likeas all Customers Collectors Farmerers of Customs or Excise and others are hereby Discharged to demand any Custom Excise or any other Imposition whatsoever for such Materials before mentioned and belonging to Manufacturies as they will be answerable And in regard of the great prejudice to the Kingdom by Exportation of Wool and Skins with Wool upon them and of other Native Commodities and Materials fit for Manufacturies Therefore His Majesty with advice foresaid Doth hereby Discharge all and every person whatsoever Native or Stranger to Export out of this Kingdom any Wool or Skins with Wool upon them or Skins of any kind or any Materials usefull for Manufacturies untill they be made in work or put to the best avail for the good of the Kingdom Certifying such as do in the contrair they shall forfeit such Wool Skins and other Materials or the just value thereof the one half to His Majesty and the other half to the Informer who shall discover apprehend and prosecute the same before His Majesties Exchequer besides that the persons and estates of such Contraveeners shall be lyable to such punishment and fine for the same as His Majesties Exchequer shall appoint And also His Majesty with
the same before the Lords of His Majesties Exchequer And further it is Statute and Ordained by His Majesty with advice and consent foresaid that all Goods or Commodities whatsoever produced or shipped as is above exprest which from and after the said day and thenceforward shall be Imported into this Kingdom or any Islands thereto belonging in any Ships or Vessels that shall not truly and only belong to the Natives and Inhabitants thereof except in English or Irish Vessels Providing alwayes that Scots Vessels injoy the like benefit of Trade within the Kingdoms and Dominions of England and Ireland and no otherwayes shall be lyable to double Custom and pay accordingly whether the saids Goods pertain to Natives or Aliens And further it is Statute and Ordained that from and after the said day and thence forward all Goods and Commodities whatsoever belonging to Aliens Exported or Imported in whatsoever Ships or Vessels whether Forraign or Scotish shall be lyable to double Custom and pay accordingly And it is further Statute and Ordained that from and after the said day and thence forward all Goods or Commodities whatsoever Exported in any other Ships or Vessels then such as do truly and only belong to the Natives and Inhabitants of this Kingdom shall be lyable to double Custom and pay accordingly whether the saids Goods appertain to Natives or Aliens And it is further Enacted and Ordained by His Majesty with advice and consent foresaid that at and after the said day and thence forward all Ships and Vessels belonging to this Kingdom shall be Navigated only by Scots-men dwelling in Scotland at least the Master and three fourth parts of the same being such under the pain of being esteemed Forraign Vessels and paying double Custom for all the Goods and Commodities Imported or Exported within the same And for preventing of all fraud which may be used in the buying of Forraign Ships It is Statute and Ordained by His Majesty with consent foresaid that from and after the said day no Ship whatsoever shall be deemed or passe as a Ship belonging to Scotland or injoy the benefit of such a Ship or Vessel untill such time that he or thy claiming the same to be theirs shall make appear to the chief Officer or Officers of the Customs at Lieth he or they residing in any place betwixt Berwick and Stirling on the South-side of Forth and to the chief Officer or Officers at Burntisland he or they residing in any place betwixt Stirling and Fife-ness upon the North-side of Forth and in case of their abode in more remote places to the Officer or Officers of the Port next to the place of his or their abode that they or he are not Strangers and shall have taken an Oath before such Officer or Officers who are hereby authorized to administer the same that such Ship or Vessel was bona fide and without fraud bought by him or them for a valuable consideration expressing the Sum Time Place and Persons from whom it was bought and who are his Partners if he any have All which Partners shall be lyable to take the said Oath before the chief Officer or Officers of the Customs rospective as said is and that no Forraigner directly nor indirectly hath any part interest or share therein and that upon such Oaths he or they shall receive a Certificat under the Hand or Seal of the said chief Officer or Officers of the Port next the abode of the persons so making Oath whereby such a Ship may for the future passe and be deemed as a Ship belonging to the said Port and injoy the priviledge of such a Ship or Vessel and the said Officer or Officers shall keep a Register of all such Certificats as he or they shall so give and return a Duplicat thereof to the chief Officers of the Customs at Lieth for such as shall be granted in all the other Ports of this Kingdom together with the names of the person or persons from whom such Ships were bought and the sum of money which was paid for the same as also the names of all such persons as are Partners if any such be And it is further Enacted by His Majesty with consent foresaid that if any Officer of the Customs shall from and after the said day allow to any Forraign Ship or Vessel the priviledges due to a Scots Ship till such Certificat be by them produced or such Proof and Oath taken before them or such as they shall appoint to receive the same and to examine whether the Master and three fourth parts of the Mariners at least be Natives and Inhabitants within this Kingdom that for the first offence such Officer or Officers shall be put out of their Offices or Places And it is further Statute and Ordained that no Merchants belonging to this Kingdom shall imploy any Alien or person not born within this Nation or naturalized or made a free Denizen thereof from and after the said day as Factor in any place beyond Seas for the use and account of the Merchants of this Kingdom under pain of a pecuniary Mulct to be paid by him or them that shall imploy him which sum shall be imposed at the discretion of the Council of Trade the one half thereof to His Majesty and Successors and the other half to him or them that shall inform and pursue for the same It is alwayes hereby provided that this Act nor any Clause therein contained extend not to or be meaned to restrain or prohibit the Importation of any of the Commodities of Asia Africa or America as also of the Commodities of Musco and Italy from such Ports and Places and in such Ships and Vessels as may be gotten most conveniently untill such time as the Merchants of this Kingdom have actual Trade to these respective places and that the same be prohibited by Act of Parliament Privy Council or Council of Trade It is hereby Declared That it shall be lawfull to import any sort of Corns in time of dearth from any place or places in any Ship or Vessel whatsoever without being lyable to Confiscation double Custom or any other Penalty contained in this present Act the dearth and necessity of Import being alwayes cognosced and declared by a publick Act of the Privy Council or Council of Trade XLV ACT discharing the Exportation of Skins Hides c. THe Kings Majesty considering how necessar it is that all former Laws for improving of Native Commodities be Revived and understanding that the Deacons and remanent Trades-men of the Skinners have upon their own charges brought from Forraign places Perfumers Makers and Preparers of Leather by whose pains and Art the Kingdom may be furnished with Gloves at easier Rates and be able to furnish other Nations abroad with Made-work Doth therefore with advice and consent of the Estates of Parliament Ratifie and Approve the hundred seventy eight Act of the thirteenth Parliament of King James the sixth of blessed memory discharging the Exportation of Skins
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
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
been or upon any pretext whatsoever may be or seem contrair to or inconsistent with His MAJESTIES just Power and Prerogative above-mentioned and Declares the same to have been unlawfull and to be void and null in all time coming And to the end that this Act and Acknowledgement which the Estates of Parliament from the sense of their humble duty and certain knowledge have hereby made may receive the more exact obedience in time coming It is by His MAJESTY with advice foresaid Statute and Ordained that the punctual observance thereof be specially regarded by all His MAJESTIES Subjects and that none of them upon any pretext whatsoever offer to call in question impugne or do any deed to the contrair hereof under the pain of Treason IIII. Act asserting His Majesties Royal Prerogative in the making of Leagues and the conventions of the Subjects THe Estates of Parliament considering that the maintenance of His MAjESTIES Authority and Royal Prerogative in and concerning the making of Leagues and the conventions of the Subjects is not only a necessary duty of the people but of singular advantage to their happiness and peace And that their Predecessors wisely foreseing the good and benefit thereof and the prejudices and miseries that inevitably did accompany the neglect of the same did therefore by many several Acts and Laws assert the Kings Prerogative and Authority therein and particularly by the hundred and thirty one Act of the eight Parliament of King James the sixth it is Statute and Ordained That none of his Highness Subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of Councils Conventions or Assemblies to treat consult and determine in any matter of State Civil or Ecclesiastick except in the ordinary Judgements without His MAJESTIES special command or express licence had and obtained thereto under the pains made against such as unlawfully convocats the Kings Leidges And by the twelfth Act of the tenth Parliament holden the tenth of December one thousand five hundred and eighty five It is by His MAJESTY with advice of His three Estates Statute and Ordained that no Leagues nor Bonds be made among His Subjects of any degree upon whatsoever colour or pretence without His Highness or His Successors privitie and consent had and obtained thereunto under the pain to be holden and execute as movers of Sedition to the breach of the Peace And now finding that the due observance of these Laws might have contribute much to the preventing of these confusions and troubles which in these late times have almost ruined both the Kings MAJESTY and all His loyal Subjects Therefore His MAJESTY with advice and consent of His Estates of Parliament doth revive renew ratifie and approve these Acts above-mentioned and Ordain the same to be punctually obeyed in all time coming conform to the tenor thereof and under the pains therein contained And Declares that any explanation or glosse that during these late troubles hath been put upon these Acts as that they are not to be extended against any Leagues Councils Conventions Assemblies or Meetings made holden or kept by the Subjects for preservation of the Kings MAJESTY the Religion Laws and Liberties of the Kingdom or for the publick good either of Kirk or Kingdom are false and disloyal and contrair to the true and genuine meaning of these Acts And therefore His MAJESTY with advice foresaid doth Discharge and for ever Annull the same and all Acts and Practices that have been in pursuance thereof V. Act asserting His Majesties Royal Prerogative in the Militia and in making Peace and War c. THe Estates of Parliament considering the great happiness that this Kingdom hath for many ages enjoyed under the princely Government of their Royal Kings who by the special blessing of Almighty GOD have reigned over them in so long and an unparallel'd series of Royal descents and the obligation thereby lying upon them in conscience honour and gratitude to owne and assert the Royal Prerogatives of the Imperial Crown of this Kingdom which the Kings MAJESTY holds from GOD Almighty alone An to vindicat the same from these invasions which by the malice or specious pretexts of ill affected persons and the confusions and disorders of the late times have been made upon it Do therefore Declare That the power of Armes and making of Peace and War or Treaties and Leagues with Forraign Princes or Estates doth properly reside in the Kings MAJESTY His Heirs and Successors and that it was and is their undoubted Right and theirs alone to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwise disposing thereof and of all Strengths Forts or Garrisons within the same as they shall think fit the Subjects alwayes being free of the Provisions and Maintenance of these Forts and Armies unless the same be concluded in Parliament or Convention of Estates Likeas the Kings MAJESTY with advice and consent foresaid doth hereby Declare That it is and shall be high Treason to the Subjects of this Kingdom or any number of them more or less upon any ground or pretext whatsoever to rise or continue in Armes to maintain any Forts Strengths or Garrisons to make Peace or War or to make any Treaties or Leagues with Forraign Princes or Estates or among themselves without His MAJESTIES special Authority and Approbation first interponed thereto And doth discharge all His MAJESTIES Subjects to offer upon any pretext whatsoever to attempt the doing of any of these things hereafter under the said pain of Treason And in further detestation of such unlawfull and unwarratnable practices the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes Ordinances or Deeds past or done in any Parliaments Conventions or other Meetings whatsoever or any otherwise in so far as they are or may be contrair to or inconsistent with this present Act and Declares the same dispensing with the generality and holding all the particulars as verbatim herein inserted to be void and of no force nor effect in time coming VI. Act annulling the pretended Convention of Estates kept in the year 1643. FOrasmuch as the power of calling of Parliaments or Conventions of the Estates of this Kingdom hath alwayes been and is an undoubted priviledge of the Crown and doth soly reside in the Kings MAJESTY And that notwithstanding thereof among the many other invasions which during these late times have been made upon the Royal Prerogative a pretended Meeting and Convention of the Estates was called and kept at Edinburgh in June one thousand six hundred fourty three without any warrand from the Kings MAjESTY And the Estates of Parliament now conveened by His MAjESTIES speciall Authority having taken into their consideration the indiction reasons and grounds of the calling of the said Convention do find that the said pretended Convention of Estates notwithstanding of all the specious
pretexts made for the same did meet and conveen without any lawfull Warrand or Authority And therefore the Kings MAjESTY with advice and consent of His Estates of Parliament doth Declare the same with all that was done therein void and null and Rescinds and Annuls all Acts or Deeds whatsomever ratifying and approving the same VII Act concerning the League and Covenant and discharging the renewing thereof without His MAjESTIES warrand and approbation FOrasmuch as the power of Armes and entering into and making of Leagues and Bonds is an undoubted priviledge of the Crown and a proper part of the Royal Prerogative of the Kings of this Kingdom and that in recognisance of His MAjESTIES just Right the Estates of Parliament of this His most ancient Kingdom of Scotland have Declared it high Treason to the Subjects thereof of whatsoever number less or more upon any pretext whatsoever to rise or continue in Armes or to enter into Leagues and Bonds with Forraigners or among themselves without His MAjESTIES special Warrand and Approbation had and obtained thereto and have Rescinded and Annulled all Acts of Parliament Conventions of Estates or other Deeds whatsoever contrary to or inconsistent with the same And whereas during these troubles there have occurred diverse things in the making and pursuance of Leagues and Bonds which may be occasion of jealousie in and betwixt His MAjESTIES Dominions of Scotland England and Ireland Therefore and for preventing of all scruples mistakes or jealousies that may hereafter arise upon these grounds The King's MAjESTY with advice and consent of His Estates of Parliament Doth hereby Declare That there is no Obligation upon this Kingdom by Covenant Treaties or otherwise to endeavour by Armes a Reformation of Religion in the Kingdom of England or to meddle with the publick Government and Administration of that Kingdom And the King's MAjESTY with advice and consent foresaid doth Declare That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereto 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 of England and Ireland or in what may concern the Administration of His MAjESTIES Government there And further His MAjESTY with advice and consent of His Estates doth hereby Discharge and Inhibite all His MAjESTIES Subjects within this Kingdom that none of them 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 without His MAjESTIES special Warrand and Approbation And that none of His MAjESTIES Subjects offer to renew and swear the same without His MAjESTIES Warrand as said is as they will be answerable at their highest peril VIII Act against Papists Priests and Jesuits OUr Soveraign Lord considering that the publick contempt of and disobedience to lawful Authority though covered with the most specious pretexts is alwayes accompanied with great confusions and provocations to the dishonour of GOD and ruine of the People And that thereby occasion is offered to wicked and ill affected persons of all sorts upon one pretence or other to subvert Religion and pervert the Duty and Allegiance of the Subjects Whereof there be too sad evidence by the increase of Popery and the number of Jesuits Priests and Papists which have of late and do now abound in this Kingdom in far greater numbers then ever they did under the Government of His MAjESTIES Royal Father and Grand-Father of blessed memory And His MAjESTY being desirous to trace these His Royal Ancestors in a due and vigorous prosecution of these many excellent Laws made by them against the Saying of Mess and the stay and resset of Jesuits Seminary and Mess Priests and Trafficking Papists within this Kingdom Doth therefore with advice and consent of His Estates of Parliament command and charge all and sundry Jesuits Priests and Trafficking Papists that none of them presume hereafter to Say Mess within this Kingdom And that within a moneth after the publication hereof they remove forth of the Kingdom under the pain of death And sicklike His MAjESTY with advice and consent foresaid doth command charge and inhibite all His MAjESTIES Subjects of what quality or degree soever that none of them presume to hear Mess resset supply entertain furnish meat or drink nor keep intelligence nor correspondence with any Priests Jesuits or Trafficking Papists under the pains contained in the Laws and Acts of Parliament made in that behalf And to the end that this Act may receive the more exact obedience and prosecution His MAjESTY with advice and consent foresaid doth hereby command all Sheriffs of Shires and their Deputes all Magistrates of Burghs and other publick Ministers of the Laws to make exact enquiry and search in their several bounds and jurisdictions and to apprehend all such Jesuits Priests and Trafficking Papists as they shall finde within the same after the last day of March next to come and to commit them to the next sure Prison there to remain till they receive due punishment according to the Laws And also that with all possible diligence they send in to the Parliament or in case of their not Sitting to His MAjESTIES Privy-Council the List of such persons within their bounds as are known or suspected to be Papists that course may be taken with them conform to the Laws of the Kingdom And hereof the Sheriffs and Magistrates and their Deputes are to take special notice as they will be answerable at their highest peril Likeas His MAjESTY considering how dangerous it is that Children be educat by persons popishly affected do therefore conform to former Acts of Parliament appoint that children under popish Parents Tutors or Curators shall be taken from them and committed to the education of some well affected and religious friend at the sight and by order of His MAjESTIES Privy-Council And Ordains publication hereof to be made at the Mercat Cross of Edinburgh and other places needfull IX Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter FOrasmuch as in the year one thousand six hundred fourty and eight the Estates of Parliament of this Kingdom and His MAjESTIES good Subjects therein from the sense of their duty to Almighty GOD and the King's MAjESTY did chearfully undertake and concur in an Engagement for relief of His late MAJESTY of glorious memory from His imprisonment and for His restitution to the Royal Government of His Kingdoms And the Estates of Parliament now conveened by His MAjESTIES special Authority taking that Engagement to their consideration do find it to have been an Honourable Just Necessary and Seasonable Discharge of that indispensible Duty whereunto this Kingdom and the Subjects thereof are by the Law of God by the Law of Nature and
who otherwise may seem to be comprehended and concluded in it They do therefore from their certain knowledge Declare That even in that Parliament from which many of His Majesties good Subjects were debarred for their affection and adherence to His Majesties Service and Commands there was a considerable number of worthy Patriots of all Estates who at the passing of that base Act gave a publick testimony and dis-assent from it which is here Recorded for their due honour and for which their memory will in all ages receive a famous celebration And that there were divers others who upon the pretexts of Reformation and assurances of the Safety of His Majesties Person being inveigled were in the simplicity of their hearts drawn along for the time But shortly thereafter being convinced of their error did imbrace the first opportunity to expiate the same by freely hazarding their lives and fortunes in the year one thousand six hundred and fourty eight to reedeem His Majesty from these restraints and dangers which by that impious Act He was driven into And therefore His Majesty with advice and consent foresaid doth Declare That the Act of Parliament foresaid of the sixteenth of January one thousand six hundred and fourty seven is not to be look'd upon as the Deed of the Kingdom but as the Act of a few disloyal and seditious persons who having upon specious but false pretences screwed themselves into the Government did by force of Armes keep the same and from the conscience of their own guiltiness being afraid of the justice of His Majesties Government did violently carry on that Act. And in further owning thereof did in the said year one thousand six hundred and fourty eight rise in Arms in opposition to those who endeavoured to restore His Majesty to His Government and to relieve Him from the imprisonment and hazard He was then lying under as the natural effects of that unworthy transaction so justly hereby condemned And for the further clearing of the sense of this Kingdom as to that base and treacherous Act and the aspersions which have been thereupon raised as if there had been previous Transactions and Bargains of Money for carrying on of the same The Estates of Parliament Declare They do abominat the very thought of any such thing and that if at any time hereafter there shall be discovery of any such wickedness which they are confident GOD Almighty will in His Justice bring to light if it be true and wherein they earnestly intreat the concurrence of all His Majesties dutifull and loyal Subjects The persons guilty thereof shall without mercy be pursued as the vildest of Traitours and shall be incapable of the benefit of any Act of Pardon Oblivion or Indempnity for ever XI Act for taking the Oath of Alleagiance and asserting the Royal Prerogative OUr Soveraign Lord being truly sensible of the many sufferings and sad confusions that His dutifull and loyal Subjects have been brought under during these troubles and desirous that His Royal Government in it's due Administration may be refreshing and comfortable unto them And conceiving it necessar for that end and for the honour and advancement of His own Service the welfare and happiness of His Subjects and the peace and quiet of this Kingdom That the places of publick Trust which be the Channels and Conduits by which His Majesties Government is conveyed unto His People be supplied and exerced by persons of known integrity abilities and loyalty Do therefore Declare That it is and will be His Majesties Royal care that those whom according to the undoubted Right of the Crown He hath or shall think fit to call to His Councils or any publick imployments shall be so qualified And that for the full satisfaction of all His good Subjects and for removing any scruples or jealousies can arise upon this account they shall before their admittance to or exercise of any such Trust give such publick testimony of their Duty and Loyalty as may evidence to the world they are such as the Kingdom and all honest men and good Subjects may justly confide in And therefore the Kings Majesty with advice and consent of His Estates of Parliament Doth Statute and Ordain That all and whatsoever person or persons who are or shall be nominat by His Majesty to be His Officers of State of His Privy-Council Session or Exchequer Justice General Admiral Sheriffs Commissars and their Deputes and Clerks and all Magistrates and Council of Royal Burghs at their admission to their several Offices and before they offer to exerce the same shall take and swear the Oath of Alleagiance hereunto subjoyned And also that all other persons who shall be required by His Majesties Privy-Council or any having Authority from them shall be oblieged to take and swear the same And since all the troubles and miseries that have overspread this Kingdom and almost destroyed all religious and civil all publick and private interests these twenty years by-gone and upwards have arisen and sprung from these invasions that have been made upon and contempts done to the Royal Authority and Prerogative of the Crown His Majesty conceives Himself oblieged both for His own Royal interest and for the publick interest and peace of His people to be carefull to prevent the like for the future And therefore His Majesty with advice foresaid Statutes and Ordains that all persons who are or shall be called to any publick Trust as said is shall beside the taking of the Oath of Alleagiance be oblieged before they enter to their Offices and Trusts to assert under their hand writing His Majesties Royal Prerogative as is exprest in the Acts past in this present Parliament and in the manner hereunto subjoyned Certifying all such as being required shall refuse or delay to take the Oath of Alleagiance they shall not only thereby render themselves uncapable of any publick Trust but be lookt upon as persons dis-affected to His Majesties Authority and Government and such as shall refuse or delay to assert His Majesties Prerogative in manner under-written shall from thenceforth be uncapable of any publick Trust within this Kingdom Follows the Oath of Alleagiance 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 Forreign Prince Power State or Person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly nenounce and forsake all Forreign Power Jurisdictions and Authorities and shall at my utmost power defend assist and maintain His Majesties Jurisdiction foresaid against all deadly and shall never decline His Majesties Power and Jurisdiction as I shall answer to GOD. Follows the Acknowledgement of His Majesties Prerogative FOrasmuch as the Estates of
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
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
loss shame and dishonour to their native Countrey and have justly forfeited and favour they might have pretended to from His Majesties former concessions And forasmuch as now it hath pleased Almighty GOD by the power of His own right hand so miraculously to restore the Kings Majesty to the Government of His Kingdoms and to the exercise of His Royal Power and Soveraignty over the same The Estates of Parliament do conceive themselves oblieged in discharge of their duty and conscience to GOD and the Kings Majesty to imploy all their power and interest for vindicating His Majesties Authority from all these violent invasions that have been made upon it and so far as is possible to remove out of the way every thing that may retain any remembrance of these things which have been so injurious to His Majesty and His Authority so prejudicial and dishonourable to the Kingdom and destructive to all just and true interests within the same And considering that besides the unlawfulness of the publict Actings during these troubles most of the Acts in all and every of the Meetings of these pretended Parliaments do highly incroach upon and are destructive of that Soveraign Power Authority Prerogative and Right of Government which by the Law of GOD and the ancient Laws and Constitutions of this Kingdom doth reside in and belong unto the Kings Majesty and do reflect much upon the honour loyalty and reputation of this Kingdom or are expired and serve only as testimonion of dissloyalty and repraoch upon the Kingdom and are unfit to be any longer upon Record Therefore the Kings Majesty and Estates of Parliament do hereby Rescind and Annull the pretended Parliaments kept in the years one thousand six hundred and fourty one thousand six hundred and fourty one one thousand six hundred and fourty four one thousand six hundred and fourty five one thousand six hundred and fourty six one thousand six hundred and fourty seven and one thousand six hundred and fourty eight and all Acts and Deeds past and done in them and Declares the same to be henceforth void and null And His Majesty being unwilling to take any advantage of the failings of His Subjects during those unhappy times is resolved not to retain any remembrance thereof but that the same shall be held in everlasting oblivion and that all difference and animofities being forgotten His good Subjects may in a happy union under His Royal Government enjoy that happiness and peace which His Majesty intends and really wisheth unto them as unto Himself Doth therefore by advice and consent of His Estates of Parliament grant His full Assurance and Indempnity to all persons that acted in or by vertue of the said pretended Parliaments and other Meetings flowing from the same to be unquestioned in their Lives or Fortunes for any Deed or Deeds done by them in their said usurpation or by vertue of any pretended Authority derived therefrom excepting alwayes such as shall be excepted in a general Act of Indempnity to be past by His Majesty in this Parliament And it is hereby Declared That all Acts Rights and Securities past in any of the pretended Meetings above-written or by vertue thereof in favours of any particular persons for their civil and private interests shall stand good and valid unto them untill the same be taken into further consideration and be determined in this or the next Session of this Parliament XVI Act concerning Religion and Church Government OUr Soveraign Lord being truly sensible of the mercies of Almighty GOD towards Him in His preservation in the times of greatest trouble and danger and in His miraculous Restitution to His just Right and Government of His Kingdoms And being desirous to improve these Mercies to the glory of GOD and honour of His great Name Doth with advice and consent of His Estates of Parliament Declare That it is His full and firm resolution to maintain the true reformed Protestant Religion in it's purity of Doctrine and Worship as it was established within this Kingdom during the Reigns of His Royal Father and Grand-father of blessed memory And that His Majesty will be carefull to promote the power of Godlinesse to encourage the exercises of Religion both publict and private and to suppresse all prophanesse and disorderly walking And for that end will give all due countenance and protection to the Ministers of the Gospel they containing themselves within the Bounds and Limits of their Ministerial Calling and behaving themselves with that submission and obedience to His Majesties Authority and Commands that is suitable to the Allegiance and Duty of good Subjects And as to the Government of the Church His Majesty will make it His care to setle and secure the same in such a frame as shall be most agreeable to the word of GOD most suitable to Monarchicall Government and most complying with the publict peace and quiet of the Kingdom And in the mean time His Majesty with advice and consent foresaid Doth allow the present Administration by Sessions Presbyteries and Synods they keeping within bounds and behaving themselves as said is and that notwithstanding of the preceeding Act rescissory of all pretended Parliaments since the year one thousand six hundred and thirty eight XVII Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royal Government of His Kingdoms THe Estates of Parliament of the Kingdom of Scotland taking to their consideration the sad Condition Slavery and Bondage this ancient Kingdom hath groaned under during these twenty three years Troubles In which under the specious pretences of Reformation a publick Rebellion hath been by the treachery of some and mis-perswasion of others violently carried on against Sacred Authority to the ruine and destruction so far as was possible of Religion the Kings Majesty and His Royal Government the Laws Liberties and Property of the People and all the publick and private Interests of the Kingdom So that Religion it self which holds the right of Kings to be Sacred hath been prostitute for the warrand of all these treasonable invasions made upon the Royal Authority and disloyal limitations put upon the Alleagiance of the Subjects And hath it not also been pretended unto for the warrand of all those vile and bloody Murthers which in high contempt of Almighty GOD and of His Majesties Authority and Laws were under colour of Justice committed upon His Majesties good Subjects meerly for the discharge of their Duty to GOD and Loyalty to the King Hath not that Royal Government under whose Protection this Nation hath to the envy of the World been so famous for many ages been of late trode under foot and new Governments and Governours established and kept up without His Majesties Authority and against His expresse Commands Hath not Law which is the Birth-right and Inheritance of the Subject and the Security of their lives and fortunes been laid in the dust and new and unjust Edicts and Orders past and published for subjecting both life and fortune
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
consent foresaid Ratifies and Approves in all the Heads Clauses and Articles thereof under the pain of five pounds to be paid by the Couper for each insufficient Barrel and escheat of the said Barrel and that the same be well pinned in the pickle before the packing and thereafter the said Barrels to be well tighted and double-girthed before the transporting thereof to Forraign Natitions And that no Barrel be sooner made and blown but the Coupers Birn be set thereon on the tapone-staff thereof in testimony of the sufficiency of the Tree and that every Couper be answerable and liable in paiment of such losse as happen to be laid on the Fish at the Mercat if it be found to be in the default of the Couper by the insufficiency of the Tree or packing or any other means in the Coupers default and that they keep right gage both in the length of the staves the bilge-girth the widenesse of the head and deepness of the chine the Barrel being made marked and thrice gene in the packing shall be marked with the Marking-iron under a very particular Merchant mark as use is And that no Burgh or any other trading with Salmond shall presume to counterfeit the Mark or Birn of an other trade under the pain of confiscation of the Salmond by and attour the punishment of the Parties counterfeiters at the pleasure of the Judge ordinar the one half of the said pain to pertain to His Majesty and the other half to the Burgh so wronged and ordains the the Magistrates within Burgh to put this Act to execution XXXIV Act against Clandestine and unlawfull Marriages OUr Soveraign Lord and the Estates of this present Parliament considering how necessary it is that no Marriage be celebrate but according to the lawdable order and constitution of this Kirk and by such persons as are by the Authority of this Kirk warranted to celebrate the same And that notwithstanding hereof sundry either out of disaffection to the Religion presently professed in this Kingdom or being desirous to eschew the Censures of this Kirk or to satisfie their promise of Marriage formerly made to others or to decline the concurrence and consent of their Parents or others having interest or out of some other unlawfull pretext do procure themselves to be Married and are Married either in a Clandestine way contrary to the established order of the Kirk or by Jesuits Priests Deposed or Suspended Ministers or any other not authorized by this Kirk Therefore His Majesty with advice of His saids Estates Statutes and Ordains That whatsoever person or persons shall hereafter Marry or procure themselves to be Married in a Clandestine and inorderly way or by Jesuits Priests or any other not authorized by this Kirk that they shall be imprisoned for three moneths and beside their said imprisonment shall pay Each Nobleman one thousand pounds Scots each Barron and landed Gentleman one thousand merks each Gentleman and Burgess five hundred pounds each other person one hundred merks and that they shall remain in prison ay and while they make payment of these respective penalties above-mentioned which are hereby ordained to be applyed to Pious uses within the several Paroches where the saids persons dwels And that the Celebrator of such Marriages be banished the Kingdom never to return therein under the pain of Death Likeas His Majesty with advice foresaid Prohibites and Discharges all men and women having both their ordinar residence within this Kingdom to get Marriage to themselves with others within the Kingdom of England or Ireland without Proclamation of Banns here in Scotland and against the Order and Constitution of this Church or Kingdom under the pains following viz. For each Nobleman so Married one thousand pounds for each landed Gentleman one thousand merks for each Burgesse five hundred pounds and for each other Substantious person five hundred merks for an Yeoman one hundred pounds for each person of inferior quality one hundred merks the one half of the which penalties shall belong to the Kings Majesty the other to the Paroch or Paroches where the Married parties did reside and Ordains His Majesties Advocat and the Procurator for the Kirk to pursue before the civil Judge the Parties Contraveeners of this Act or either part thereof for payment of the penalties respective above-mentioned and in case of the poor condition of any man Married in manner foresaid Ordains him to be punished with Stocks and Irons which pains corporal and pecunial shall no wayes be prejudicial to or derogat from the Order and Censures of the Kirks to be inflicted against the Delinquents XXXV Act concerning the Election and Charges of the Commissioners from Shires to the Parliament THe Kings Majesty considering That divers debates have formerly occurred concerning the persons who ought and should have vote in the election of Commissioners from the several Shires of this Kingdom to Parliament and who are capable to be Commissioners to Parliaments and that it is necessar for the good of His service that the same be cleared for the future Doth therefore with advice and consent of His Estates of Parliament Statute Enact and Declare That beside all Heritors who hold a fourty shillings Land of the Kings Majesty in capite that also all Heritors Liferenters and Wodsetters holding of the King and others who held their Lands formerly of the Bishops or Abbots and now hold of the King and whose yearly Rent doth amount to ten chalders of victual or one thousand pounds all Few Duties being deducted shall be and are capable to vote in the election of Commissioners of Parliaments and to be elected Commissioners to Parliaments excepting alwayes from this Act all Noblemen and their Vassals And it being just that those who shall be chosen and accordingly shall attend His Majesties and the Kingdoms service in Parliaments have allowance for their charges His Majesty doth therefore with advice foresaid Modifie and Appoint five pounds Scots of daily allowance to every Commissioner from any Shire including the first and last dayes of the Parliament together with eight dayes for their coming and as much for their return from the furthest Shires of Caithness and Sutherland and proportionably at nearer distances and that the whole Free-holders Heritors and Liferenters holding of the King and Prince shall according to the proportion of their Lands and Rents lying within the Shire be lyable and oblieged in the payment of the said allowance excepting Noblemen and their Vassals For payment of which all execution of Horning Poynding and Quartering is to passe as for raising of the Excise and that according as the time and dayes of the Parliament shall be attested under the Clerk of Registers hand And because at this time some Commissioners of Shires have been put to extraordinary expences in providing of Footmantles for the riding of the Parliament It is hereby Statute That the Commissioners shall be relieved of the prices thereof to be given in under their hands and that
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
Tuesday of August the last Tuesday of October and the first Tuesday of March In which Sessions they shall administrate Justice to the people in things that are within their Jurisdiction and punish the guilty for Faults and Crimes done and committed in the preceeding Quarter and by mutual and conjunct advice make and rectifie Ordinances for the Fees of Servants Shearers in Harvest and other Labouring men appoint Prices for all Handy-crafts elect or continue Constables or other Officers and dispose of the Fines and Mulcts for paiment of the Constables Clerks and other Officers Fees and imploy the remanent on such necessary and pious uses as they shall find most expedient and shall have power to continue the said Sessions or to adjourn the same to such dayes and places as shall be most convenient Any one Justice shall have power upon complaint of any person being threatned and fearing to be wronged to bind the party complained upon under such a pecunial sum to keep the Peace as he shall think fitting As also to commit him untill Surety be found by him the said Complainer alwayes giving his oath before the Justice that he hath just cause to dread him harme And albeit no person complain yet if the Justice be credibly informed of appearance of trouble betwixt any parties he shall bind them to the Peace in manner foresaid except the parties declare upon their consciences that neither of them bear any grudge to other And all such Bonds shall be kept and Recorded by him and he shall make delivery of the same to the Clerk of the Peace at the next Sessions to be kept and registrate by him If any person being charged to make his appearance before a Justice of Peace shall refuse or delay without cause if the party be a Landed Gentleman whose Rents exceed ten chalders of victual or one thousand merks of silver then the Justice whose command is contemned shall inform the same to some of His Majesties Privy Council to the effect the party of the quality foresaid may be called and fined for his disobedience and if the dissobeyer be of a meaner degree the Justice of Peace shall hereby have power to command the next Constable or in absence of a Constable his own servant or any other person having a Warrand in writ subscribed by the said Justice of Peace with assistance of the Country to bring any such party before him If either the Sheriff or Baily shall condemn any person in Bloodwyt or otherwayes convict him in any pain proper for him to impose the Justice shall have no power of new to fine that Offender for that offence but if they shall find him not condignly punished in regard of the offence committed by him they shall then inform His Majesties Council thereof that they may take order therewith and if there be no satisfaction made by the Sheriff or Baily to the Party offended the Justices may modifie a reasonable satisfaction to the Party offended he pursuing therefore before them And if they find the satisfaction decerned by the Sheriff or Baily in favours of the said Party offended not condigne nor answerable to the offence and wrong sustained then they shall also inform His Majesties Council thereof that they may take order therewith as appertaineth If either Sheriff or Baily or their Deputes by collusion with the Delinquent shall suffer any person guilty to be quitted or cleared by an Assize the Party once cleared is not to be brought further in question before the Justices but upon their information the Judges are to be called censured and severely punished by His Majesties Council The saids Justices shall hereby have power to proceed upon all persons committing Riots and breaking the Kings Peace under the degree of Noblemen Prelates Councellors and Senators of the Colledge of Justice and to punish and fine according to the quality of the Crime and the Estate of the Offender And if any of the saids persons being charged to compear before the saids Justices shall disobey the Summons being indorsed the lawfull Citation verified and Fact proven the Justices shall punish and fine the not compearing according to the quality of the Crime and Estate of the Offender And for the more clear determination of the order which shall be kept by the saids Commissioners in the deducing of any such Process Our Soveraign Lord with advice of His Estates Declareth That it shall be lawfull to the saids Justices whensoever they have any occasion to move any action against Parties for committing any like Fact or Riot to refer the first Summons to the Parties oaths of verity failzeing of other lawfull probation who being personally summoned by that first Citation shall be holden as confest and Decreet to be pronounced against him conform to the Libell and Summons And if he be not personally summoned by the first Citation the saids Commissioners shall be holden to cause summon him of new again by a second Summons at his dwelling place which two Citations shall be as sufficient to infer Decreet and Sentence upon the Libell against him as if he were apprehended personally And which Sentence given after the manner and form of probation above-written His Majesty with advice foresaid Authorizes and Sustains as good and lawfull in themselves And as concerning these persons of higher degree the saids Commissioners shall use all their power for preventing and staying of the Riots commanding the attempters in His Majesties Name to cease and to find Caution for keeping of the Peace and for their compearance before His Majesties Council And if any person being charged to find Caution and refuse it or delay to do the same and in the mean time contraveeneth the said charge by committing of some Deed betwixt the time of the Charge and finding of the Caution nevertheless he shall be answerable for the pain from the date of the Charge likeas if Caution had been then found The saids Commissioners shall put His Majesties Act of Parliament to due and full execution against wilfull Beggars and Vagabonds solitary and idle Men and Women without Calling or Trade lurking in Ale-houses tyed to no certain services repute and holden as Vagabonds and against those persons who are commonly called Aegyptians and they shall punish and fine their Ressetters and Setters of houses to them accordingly by such competent pains as is proper for them to enjoyn The saids Commissioners and Justices of Peace are hereby authorized and impowered to give order as they shall think most convenient and with least grief to the Subjects for mending of all High-wayes and Passages to or from any Mercat Town or Sea-port within that Shire and shall call before them all such persons as shall strait these Passages or otherwayes by casting of Ditches or Fulsies through the same shall make these High-wayes noisome and troublesome unto passengers and shall punish and fine them according to the quality of their offence And to the effect it may be known of what
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-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
granted thereof but upon consignation of the sums contained in the Sentences and by finding Caution for paiment of the charges at the modification of the saids Lords The saids Commissioners at the end of every Quarter Session shall send to His Majesties Council a Catalogue of all such persons as they have either committed or otherwayes put under surety with a short Abbreviate of the cause thereof to the effect that thereupon the Council as they shall think expedient may return to them against their next Session or to the Custos Rotulorum in the mean time their further directions The saids Justices shall put in execution all Acts of Parliament made for punishing all persons whatsoever who shall Curse or prophanely Swear or shall be Mockers or Reproachers of Piety or the exercise thereof and shall require and levy upon every Offender the several penalties following viz. Of a Nobleman twenty pounds each Barron twenty merks each Gentleman Heritor or Burgess ten merks each Yeoman fourty shillings each Servant twenty shillings Scots money each Minister the fifth part of his years Stipend without prejudice to other proceedings against any such Minister for the same And in any of all the cases before specified in this Instruction the saids Justices shall put in execution all such Laws as for Corporal punishments have any provisions mentioned in them for such cases And in case of the inabilities of the parties Delinquents to pay the sum mentioned in this Instruction the saids Justices shall put in execution such Laws as for Corporal punishments have any provision mentioned in them for such cases and that the Wives Delinquents shall be punished according to the quality of their respective Husbands and that their Husbands be lyable for the paiment of their Wives Fines respectively in manner above-mentioned toties quoties for each fault And all others whatsoever not particularly herein nominate are to pay in proportion to their respective qualities and degrees And also the saids Justices are to put in execution the Acts of Parliament made for the punishing of all persons that shall be found guilty of the sin of Fornication and that they levy or cause to be levied the several pecunial sums therein mentioned viz. For each Nobleman for the first fault four hundred pounds each Barron two hundred pounds each other Gentleman and Burgess one hundred pounds every other person of inferiour quality ten pounds Scots money and that these penalties shall be doubled toties quoties according to the relapses and degrees of the Offence and quality of the Offenders And that the said penalties shall be levied not only of the Man but also of the Woman according to her quality and the degree of her offence the one without prejudice of the other All and sundry which penalties so to be levied are to be disposed of as followeth To wit one half to pious uses in the same Paroch where the Offenders live or the offence hath been committed and the other half to be divided in two equal parts one part whereof to be given to the Informer and Prosecutor and out of the other half to satisfie the Constable or other persons who shall be imployed for bringing the person accused to Justice and the remainder to be disposed of to pious uses or to satisfie the Constables for their travel and service in other parts of their office according as the Justices shall think fit That the Justices shall put the Acts of Parliament in execution for the punishing of all persons found guilty of the sin of Drunkenness or excessive Drinking especially under the names of Healths or haunting Taverns or Ale-houses after ten of the Clock at night or at any time of the day except in time of travel or for ordinary refreshments As also against the keepers of the Taverns or Ale-houses that shall sell the drink unto them Which Penalties in the saids several Acts contained the saids Justices are to levy or cause to be levied upon the saids Delinquents and the saids penalties are to be disposed of by the saids Justices in like-manner as aforesaid The saids Justices shall put in execution all Acts of Parliament made against such persons as shall Profane the Lords-day and require or levy the penalties therein contained which penalties foresaid the saids Justices are to dispose of in like-manner as aforesaid And at what time and whensoever one shall accuse another person or persons to be guilty of Treason Murder or other Fellony Blasphemy Incest or any other hainous Crimes in such cases the said Justice or Justices shall forthwith cause such person or persons to be apprehended and after inquiry made in the cause the said Justice or Justices if they find cause shall commit the Offender to prison or take sufficient Bail if the case by the Law be bailable and shall take the information of the Party accusing upon oath and bind him to prosecute and shall take the testimony or deposition of the witnesses likewise upon oath and bind them to give in evidence and shall also take the examination of the party accused All which Recognizances Informations Depositions and Examinations the said Justice or Justices shall certifie to the next Quarter Session Assizes or Criminal Courts respectively to the end the Justice may proceed against them according to the Law And if any Nobleman Barron or Baily or any in their names having power shall acclaim the right of Jurisdiction to proceed against any Delinquent apprehended by a Constable for any Capital crime Then and in that case any of the Justices shall receive security of the said Party who required the Defender to be delivered to him that justice shall be duely ministred and then shall cause delivery of the said person to be made to him and the said Justice of Peace at the next Session shall certifie the whole matter to the Bench to the effect they may enquire whether justice hath been accordingly ministred and if any fault be found to advertise His Majesties Council that order may be taken therewith The saids Justices shall twice in the year at the first of December and the first of June take up a list of the Poor in every Paroch within Burgh or Land into which number there shall no person be received who are any way able to gain their own living and to the effect these Poor may no longer be necessitate to seek their living with such hardship and difficulty by scandalous vaging as hitherto they have been in use of the Justices shall appoint two or more persons of good same and quality in every Paroch to be Overseers for the Poor in each Paroch aforesaid and to authorize the said Overseers to make due tryal and examination of the condition and number of such Poor Aged Sick Lame and Impotent inhabitants of the said Paroch who of themselves have not to maintain them nor are able to work for their living as also of all Orphans and other poor Children within the said Paroch who are
left destitute of all help and the saids Overseers are to list and inroll all such persons and to provide them such a convenient House for their dwelling either a part or together as they shall judge requisit and upon consideration had what the necessary maintenance will extend to weekly the saids Overseers are to call for the Collections of the said Paroch or other Sums appointed for the maintenance of the poor thereof and the persons who have the saids sums in their hands are hereby required to deliver the same to the saids Overseers and their Receipts under their hands shall be their sufficient discharge which Sum so received the Overseers are to dispose proportionably to the several poor people aforesaid according as they shall find their necessities to require and the saids Overseers are to take due tryal of the good behaviour and carriage of the poor persons listed and inrolled as aforesaid that if any of them being so provided shall go abroad to beg or otherwayes miscarry themselves or shall refuse being able to work any manner of work that they are able to perform in such cases the said Overseers are to acquaint the said Justices therewith who shall appoint such punishments for the first fault as in their judgements they shall find requisit and if they shall continue in such miscarriages they are to be holden and reputed as Vagabonds and so to be proceeded against according to the Law in that case provided And to the end that there may be an exact performance of the Premisses the saids Justices are hereby required to call before them the saids Overseers once in every six months or oftner if they shall think expedient to give an account upon Oath of the whole Sums received by them and to produce the Rolls of the said poor together with an Account of what money they have received any otherwayes for the use of the said poor and after a due consideration of the charge together with the Discharge thereof to approve allow or dis-allow the same as shall be found just and the said Justices are to take due tryal and examination how the saids Overseers have discharged their Trust and in case of the refusal of any of the saids Overseers nominate and elected as aforesaid to accept the said office or having accepted shall be found negligent therein or shall refuse or delay to give an account of their intromissions when required as foresaid or to deliver what money shall be found resting in their hands undisposed of at the end of the year unto such new Overseers as shall be appointed in such cases the offenders shall incur the penalty of twenty pounds Scots to the use of the Poor and suffer such further Censure as the said Justices at their Quarter Sessions upon consideration had of their fault shall see meet to impose And further the saids Justices are hereby impowered and commanded to call for an account from these who took upon them to exerce that place and office during the late Usurpation of all Fines Penalties and others raised exacted or uplifted of any persons and to ordain them to deliver and make paiment to them of what hath not been by sufficient order disposed of and in case of any difference arising thereupon that the Justices consult His Majesties Council who shall give their orders therein Constables OUr Soveraign Lord with advice of His Estates Findes and Declares that the Constables are to be made choise of by the Commissioners and Justices of Peace in their Quarter Sessions throughout the whole Countrey two at least in every Paroch or moe according to their discretion having consideration of the quality thereof In great Towns likewise not being Cities nor free Burghs they are to appoint a number of Constables proportionably to the greatnesse thereof but in all Burghs Regall and free Cities the Constables are to be chosen by the Magistrates of the same and they are to endure and to be changed from six to six months And who shall refuse to accept the Charge and not to give his Oath for dutifull execution thereof shall be imprisoned and fined at the discretion of the Justices of Peace at their next sitting Followeth the Oath to be taken by the Constables I do Swear that I shall faithfully and truly discharge the Office of Constabulary within the Paroch of c. induring the time appointed to me and shall not for favour respect or fear of any man for bear to do what becometh me in the said Office and above all things I shall regard the keeping and preserving of the Kings Majesties Peace and shall at every Quarter Session and meeting of Justices give true and due information of any breach which hath been made of His Majesties Peace within the bounds of my commandement and shall no way hide cover nor conceal the same nor any of the proofs and evidences which I can give for the clearing and proving thereof So help me GOD. All the Constables or at least one of every Paroch instructed with power to answer for the rest within the said Paroch shall attend at every Quarter Session there to give information of all such breaches of the Peace and other misdemeanors as have happened within their bounds since the preceeding Sessions and have come to their knowledge and shall no way hide cover nor conceal the same nor any of the proofs and evidences which they can give for the clearing and proving thereof and otherwayes to give the Bench further information in any thing wherein they shall be required and to receive from the saids Justices at the end of the Session such order and direction as they then shall enjoyn and appoint Every Constable in their respective Paroches shall apprehend any suspicious persons who are night walkers and cannot give a good account of themselves and carry them to the next Justice of Peace to find Caution for their good behaviour or otherwise be committed to Prison and the said Constable or Constables shall stay and arrest all Vagabonds sturdy Beggars and Aegyptians and carry them before some Justice of Peace who shall take order for their committing to Prison or other punishments according to the Statutes of Parliament Every Constable in their respective Paroches shall arrest all Idle persons whom they know to have no means to live upon and will not betake themselves to any Labour Trade or Occupation and shall carry them before some Justices of Peace who after examination shall either commit them to Prison or take Surety of them for their appearance at the next Quarter Session All Constables in their respective Paroches shall apprehend every person or persons that shall be guilty and culpable of Slaughter Murther Theft or any other culpable crime whatsoever and shall require his Neighbours to assist for safe conveying of such person or persons to the next Justice of Peace who shall commit him or them or take Surety according to the Instructions given to the Justice of Peace in
have no power to uplift the Stock except by consent of the Company or Council thereof after-specified Granting and Committing likeas His Majesty by the tenour hereof Gives Grants and Commits to the saids Companies and Societies so to be Constitute and to all such whom they or their Successors shall admit or receive therein full power to take and fish Herring and White-fish in all and sundry Seas Channels Firths Rivers Floods Lakes and Lochs of this His Majesties said ancient Kingdom of Scotland and Isles thereunto belonging wheresoever Herring or White-fish are or may be taken and to bring in and disburthen the saids Herring and other White-Fishes to all and sundry Ports Harbours Shoars and to lay the same on the Land and to pickle them with Salt and to dry and load the same in Barrels and Puncheons and for conservation of the saids Herring and Fishes to build Houses and little Cottages and other things necessary for the use of the said Fishing-trade in whatsoever places shall be convenient upon the paiment of the allowance under-written unto the Lord or Master of the ground or otherwise to sell use and dispose upon the saids Herrings and other Fishes to the Inhabitants or to keep and conserve the same in their Ships and Boats and to make and prepare them therein and to carry and transport the same to Forraign parts beyond Seas in Ships and other Vessells belonging to them or His Majesties other Subjects and to sell use and dispose thereupon to such who shall be in friendship and amity with His Majesty and His Successors With power also to the saids Companies and Societies respective to elect and make choice of such of their own number as they shall think fit for making and frameing of Laws Statutes and Rules for the right regulating mannaging and carrying on of the said Trade of Fishing the saids Laws being alwayes approven and allowed by the Council of Trade and to punish transgressors accordingly And that none be admitted to be Councellors of the saids Societies except such who shall enter of Stock the sum of one thousand merks money foresaid and that they be Scots-men or naturalized Strangers and Residenters within the said Kingdom And to the which Council so to be Nominate and Constitute the said Companies respective shall submit and to all their Acts Statutes and Rules especially but prejudice of the generality foresaid to the particular Rules under-written To wit First That none after the erecting and setling of the said Company or Society may enter or come in but by consent of the Company or the council thereof after the said _____ day of _____ next except they be appointed to be inrolled and taken in by the Council of Trade to whom any person in case of exclusion may make his Address Secondly That the return from Forreign places upon this Stock may be all sold in free Burghs and to free Burgesses within this Kingdom by the saids Companies or any of them or their Factors without any previous offer to the Burgh providing they do not retail by selling less quantities nor five Tun of Wine or the equivalent in value in other Commodities and if the Import and Return shall be of less quantities then and in that case these Commodities shall only be sold in whole sale without any retail whatsoever Thirdly That no Herring or White-fish taken by Scots-men in the said Kingdom or Isles thereto belonging be sold fresh or salt to any but to Natives except by the Companies respective And that no Stranger unnaturalized shall have liberty to make and prepare Herrings or White-fish upon the Land or to make Booths for that effect under the pain of confiscation of what shall be seized upon and the double thereof to be exacted of the Seller except they be free of one of the Companies foresaid With power also to the said Council to use and have a Seal and Gage for ilk Company respective wherewith all their Barrels or Puncheons may be marked and that ilk Barrel of green fish contain twelve gallons which is to be the ordinar Gage betwixt Buyer and Seller And also to make use of and imploy all and sundry Tolbooths and Wardinghouses where necessity requires for holding of Courts warding or punishing of Transgressors the Burghs being alwayes free of the charges of the Prisoners and further to depute such of their number as they think fit concerning all businesses and affairs and to cognosce and determine in all questions and debates relating to the said Trade of Fishing and to cause execute such Decreets and Sentences as shall be pronounced thereupon And for that effect to make choice of Officers and Servants and to administer Oaths to them and amongst themselves for the good of the Trade and if need be with power to the said Council to design certain Judges under them in convenient places to administer Justice in the matter of the Trade of Fishing allanerly And Our said Soveraign Lord being most willing to cherish and incourage the foresaids Societies and Companies in the said Trade Hath out of His Innate Beneficence and Royal Bounty Ordained and by the tenour hereof Decerns and Ordains that Salt Cordage Hemp Cork Pitch Tar Clapboard Knaple Skew-hoops and Holland Nets imported for the Trade of Fishing foresaid by the foresaids Companies respective is and shall be free of any Custome or other Imposition whatsoever and that the Herring and White-fish taken made or prepared therewith are and shall be free of any manner of taxation or burden in the exportation of the same And also that all Strangers Fishers who shall repair to this His Majesties ancient Kingdom and will come and make their residence within the same shall be naturalized by His Majesty upon the desire and application of any of the saids Councils and shall be entred Burgesses in any City where they shall reside and shall be freed of all manner of taxation for the space of seven years next after their arrival And further His Majesty hath Released and Discharged and by the tenour hereof simpliciter Releases and Discharges the Teind Herring and Teind Fish of all such Herring and Fish which shall be taken by the Boats and Fishers of the saids Companies respective or such who shall be hired by them in all time hereafter And also Exoners and Discharges the Excise Herring due to His Majesty except the Herring of Dumbar for all the dayes space years and terms of nine years next after the date hereof And in like-manner His Majesty Declares That all Ale Bear Strongwaters and other provisions for out-reeking of any Vessel for the saids Fishings of the said Companies is and shall be free of all manner of Impositions whatsoever Commanding hereby the Lords and Masters of the ground in all places through the said Kingdom where there is Loch or other Fishings not only to protect maintain and defend the said Company and Society and all Masters of Ships Fishers and others whatsoever going
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
delivered to any whom the Senators of the Colledge of Justice shall appoint to receive the same and whose discharge upon the receipt thereof in whole or in part shall accordingly be a sufficient exoneration to the Shires and Burghs and all others whom it effeirs And the saids moneths of November and May respective being past Ordains Letters of Horning and Poynding and all other Execution necessar tobe directed at his or their instances against the Shires or Burghs of the Kingdom and their Collectors And twenty dayes being expired after either of the saids moneths respective Ordains Quartering to be upon deficient Shires and Burghs and that all who command the Forces within the Kingdom give orders and be assisting hereunto accordingly LI. Act concerning Arrestments OUr Soveraign Lord considering the great charges that Creditors are put to by Comprising of Sums owing to their Debitors by vertue of Heritable Bonds Contracts and other Writs bearing paiment of Annualrents which in respect of the Obliegment for Annualrent were not in former times Arrestable Therefore the Kings Majesty with advice and consent of His Estates of Parliament Finds and Declares that all Sums of money which are addebted by Bonds Contracts and other personal Obliegments whereupon no Infeftments have followed are and shall be Arrestable at the instance of any Creditor not-withstanding that the Bonds Contracts and other Obliegements bear paiment of Annualrents And the Kings Majesty with advice and consent foresaid Declares that this shall no wayes change the nature of the saids Sums nor prejudge the Heir nor any other person their rights to the same as being Heritable which are hereby Declared to remain in their own nature unchanged by this Act pro ut de jure except that only the same are Arrestable And it is hereby expresly provided that all Arrestments and Executions thereof since the twenty ninth day of July one thousand six hundred an fourty four years used conform to the tenor of this Act shall be as valid and sufficient as if this present Act had been of the said date But prejudice alwayes to the Creditors to Comprise the saids Heritable Sums if they shall choose rather to Comprise then to Arrest LII Act concerning the disposal of Vacant Stipends FOrasmuch as by divers Acts it is found that Stipends and Benefices of Vacant Kirks or which thereafter should vaik by Decease Deposition Suspension Transportation of Ministers Dis-union of Kirks or any other way should during the vacancy thereof be imployed on pious uses and the Kings Majesty considering that during these troubles many Learned and Religious persons in the Ministry and Universities for their expressions of duty and loyalty to His Majesty or not concurring in the confusions of the time have been Deposed or Suspended from their Charge and Ministry and have been otherwayes put under great sufferings and they and their Families redacted to extream misery and want And conceiving it to be an Act of great Piety and Justice to have regard to the sufferings of those honest and faithfull Ministers and others and in some measure to provide for them and repair their losses Therefore His Majesty with advice of His Estates of Parliament Ordains all Stipends or Benefices of Kirks that are vacant and not already disposed of or which shall vaik by Decease Deposition Suspension Transportation or any otherwayes to be imployed for the supply and maintenance and towards the reparation of the sufferings and losses of the persons aforesaids and of the Wives and Bairnes of such of them as are dead and that in such manner and wayes as after tryal of their merits and sufferings and the causes and grounds thereof shall be thought fit by the Lords of His Majesties Privy-Council to whom His Majesty with advice and consent foresaid commits the care of this business And doth hereby impower and require them to use all diligence that the Favour and Justice hereby intended by His Majesty to these suffering Persons and their Families may be made effectual and that notwithstanding of any thing contained in any of the saids Acts to the contrair It is alwayes provided that this Act is without prejudice of any Benefit which by the Law and Custom of this Kingdom falls to the Relict Bairns or Executors of a Minister after his decease and that this Act is to endure for the space of seven years and longer as His Majesty shall think fit LIII Act ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property c. OUr Soveraign Lord with advice and consent of the Estates of this present Parliament Ratifies and Approves and for His Highnesse and His Successors perpetually Confirmes the tenth Act of the first Parliament of His Majesties Royal Father of blessed memory King Charles the first holden at Edinburgh in Anno one thousand six hundred and thirty three Intituled An Act anent the Annexation of His Majesties Property in the whole Heads and Clauses thereof especially that Clause of the same whereby His Majesty and the Estates of Parliament then conveened did Declare the right and title of Superiority of all and sundry Lands Barronies Milnes Woods Fishings Towers Fortalices Mannor-places and pertinents thereof pertaining to whatsoever Abbacies Priories Prioresses Preceptories and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of Erected in temporal Lordships Barronies or Livings before or after the general Act of Annexation of Kirk-lands made in the month of July one thousand five hundred eighty and seven together with the whole Few-mails Few-fermes and other Rents and Duties of the saids Superiorities to be annexed and to remain with the Crown for ever upon the reservation of the Lords and Titulars of Erection therein specified Likeas thereby His Majesty and Estates foresaid Found and Declared that all Titulars of Erection without exception should hold their property and proper Lands of the Kings Majesty and His Successors in Few-ferm for paiment of the Few-ferm-duties contained in the Infeftments granted to them before the said Act of Annexation and no otherwayes And that all Rights and Deeds made and granted to whatsoever person or persons preceeding the date of the foresaid Act which might prejudge His Majesty and His Successors in the peaceable injoying of the said Superiorities and Few-ferm-duties should be null and of no avail by way of action exception or reply And further His Majesty with advice and consent foresaids of new Declares the foresaid Superiorities of all and whatsoever Kirk-lands Milnes Woods Fishings and whole pertinents of the same pertaining of before to whatsoever Chapters Priors Prioresses Preceptors and whatsoever other Benefices of whatsoever other Estates Degree Title or Designation they be of whereof the Presentation belonged to His Majesty and His Highnesse Predecessors erected in temporal Lordships Barronies and Livings to pertain to His Majesty and His Highnesse Crown therewith to remain in all time coming And also Declares all and whatsoever Grants Rights or Infeftments of
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
enjoy their Lands in all time thereafter free of any such burthen of Marriage Providing alwayes Likeas it is hereby Provided and Declared that if the foresaids Vassals whose holding shall be changed as said is and who shall compone for the renunciation of the Marriage contained in their Few-infeftments or their Heirs or Successors in the saids Lands which once held Ward or Few cum maritagio shall alienate and dispone the saids Lands to any other persons then and in that case the Aliener or His Heirs shall no longer have the benefit of this present Act but that notwithstanding of this present Act if they hold Lands Ward of any other Superior that their Superior shall enjoy all the benefit of his Superiority as if this present Act had never been made And such-like for the greater furtherance of His Majesties Lieges in the way of the changing of the tenours of the said Ward-holdings or renuncing of the Marriage contained in their saids Few-infeftments Our Soveraign Lord with advice and consent foresaid Ordains Signaturs to be past to the Lieges by the Exchequer on the recommendation of the saids Commissioners of the Ward-lands in their favours upon the Lieges their Resignation for new Infeftments to be granted to them bearing the new manner of Few-holding or bearing the renunciation of the said Marriage contained in their old Few-infeftments as shall be Ordained by the saids Commissoners of the Ward-lands LIX Act anent the Exchequer THe Kings Majesty considering that some doubts and debates may arise concerning the meaning of the eighteenth Act of the Parliament holden by His Majesties Royal Father of blessed memory in the year one thousand six hundred and thirty three Anent the deciding and judging in Causes concerning His Majesties Property Doth for explanation thereof with advice and consent of His Estates of Parliament Find Declare Statute and Ordain that the validity and invalidity of Infeftments of His Majesties Property or of any other Infeftments may not be discussed nor decided in Exchequer neither by way of Exception Action nor Reply but that the discussing and decision thereof is only proper to the Lords of Session Reserving alwayes to the Exchequer to judge in all other businesses concerning His Majesties Rents and Casualities as they might have done before the year one thousand six hundred and thirty three LX. Act concerning Docqueting of Signaturs THe Kings Majesty with advice and consent of His Estates of Parliament Doth Ratifie and Renew the twentieth Act of the tenth Parliament of King James the sixth of blessed memory and accordingly Statutes and Ordains That no Signaturs Writs Letters or Warrands shall be presented to be signed by His Majesty but by His ordinary Officers to whose charge the same properly belongs And that His Majesty may the better know what passeth under His Hand and upon what grounds he signs the same It is appointed That any of His Majesties Officers who shall present any Signature Writ Letter or Warrand to be signed by His Majesty shall cause Registrate the Docquet of the same in a Register and then send the just double thereof under their hands to His Majesties Secretary who is to give His Majesty timous notice of any prior Deed differing or contrary to the same that His Majesty may give His further Orders concerning the same LXI Commission for Plantation of Kirks and Valuation of Teinds OUr Soveraign Lord considering the great care His Royall Father and Grand-father of ever blessed memory had at all times of the Reformed Religion within this Kingdom and of the Maintenance and Provision of the Ministry and Churches thereof Concerning which and for the publick good of the Nation His Majesties Royall Father did emit a Declaration immediatly after His succession to the Crown and concerning diverse other particulars relating to Teinds and Superiorities of Kirk-lands in order whereunto diverse Acts and Ordinances of Parliament and of Commissions were from time to time made during the Reign of His ever Glorious Father And yet by the unhappy Troubles of the time His Royall purpose hath not got a finall accomplishment so that diverse Churches are as yet unprovided with sufficient Maintenance many Teinds unvalued and diverse other particulars are as yet unperfected And His Majesty being desirous to prosecute this good Work for the universall good of the People and namely for the incouragement of the Ministers of the Gospel His Majesty with advice and consent of the Estates of Parliament Doth Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royall Father in Anno one thousand six hundred and thirty three Intituled Commission for Valuation of Teinds c. in the whole Heads Clauses and Contents thereof except in so far as there hath been any derogation made thereto by Acts and Commissions made and granted by His Majesty since the date of the said Act or granted by pretended Parliaments since and which are Ratified or Salved or to be Reserved by this present Parliament And His Majesty with advice and consent foresaid Doth give full Power and Commission to the Persons aftermentioned viz. John Earl of Middletoun His Majesties Commissioner William Earl of Glencairn Lord High Chancellor John Earl of Craufurd and Lindsay Lord Thesaurer John Earl of Rothes President of His Majesties Privy Council William Duke of Hammiltoun James Marquess of Montrose John Earl of Lauderdail His Majesties Secretary William Earl of Marishall John Earl of Atholl George Earl of Linlithgow James Earl of Home James Earl of Tullibardin William Earl of Roxburgh John Earl of Haddingtoun James Earl of Annandale William Earl of Dumfries John Earl of Tweddal James Earl of Calendar John Earl of Dundee David Viscount of Stormount John Lord Sinclair David Lord Cardros John Lord Belhaven _____ Lord Halkertoun William Lord Cochran William Lord Bellenden Sir John Gilmor of Craigmiller President of the Session Sir Archibald Primerose of Chester Knight and Barronet Clerk of His Majesties Council Registers and Rolls Sir John Fletcher His Majesties Advocat Sir Robert Murray Justice Clerk Sir James Lockhart of Lee Sir George MackenÈie of Tarbet Sir James Foullis of Colingtoun Sir Archibald Stirline of Carden Sir James Dalrymple of Stair Sir John Scougal of Whitekirk Senators of the Colledge of Justice Alexander Bruce of Kincairn Sir John Urquhart of Cromartie Sir Robert Fletcher of Salton Sir Alexander Gibson of Durie Sir Robert Innes of that Ilk James Crighton of St. Leonards Sir George Kinnaird of Rossie Sir Gilbert Ramsay of Balmayn John Murray of Polmais William Scot of Ardrose Sir James Dundas of Arnestoun Sir John Foullis of Ravilstoun Richard Murray of Broughton Sir Robert Hepburn of Keith Mr. Robert Preston of that ilk Sir Andrew Ramsay Sir Robert Murray Sir Archibald Sydserf Sir William Thomson and John Miln Burgesses of Edinburgh Sir Alexander Wedderburn and Alexander Wedderburn of Dundee Mr. John Paterson of Perth John Bell of Glasgow William Cuningham of Air Andrew Glen of Linlithgow Duncan Nairn of Stirline
Prorogations were granted in favours of Tacks-men and the Extracts also perished the time of the Troubles Therefore His Majesty with consent foresaid Gives power to the saids Commissioners or Quorum foresaid appointed by this Commission to grant recompence and prorogation to the saids Tacks-men in the same manner as was prescribed by the former Commissions namely by the Commission in Anno one thousand six hundred and seventeen the Titulars alwayes being cited thereto And whereas it may fall out that some of the saids Commissioners now appointed may be unable to attend the service through death sickness or some other notour and known impediment Therefore His Majesty Declareth that He shall be carefull to fill their places with other persons qualified whose Oaths for faithfull discharge of the same shall be taken by the Lord Chancellor or in his absence by the President of the said Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and Ordains the Acts Decreets and Ordinances thereof to have the force strength and effect of a Decreet Sentence and Act of Parliament and the Lords of the Session to grant and direct Letters of Horning Poinding and others requisit in manner contained in the foresaids former Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heritors who should be willing to buy should have their own Teinds at reasonable Rates Therefore His Majesty with advice foresaid Statutes and Ordains that all Heritors whose Teinds are not valued shall have liberty to value and buy the same at such Rates as are contained in the Act of Parliament one thousand six hundred and thirty three years With power to augment the saids Rates according to the burden of Augmentations and others sustained by the Titulars since the said Act of Parliament one thousand six hundred and thirty three years and the saids Heritors to have the liberty of buying as said is within the space of three years after the valuation With power to the saids Commissioners to determine therein according to Justice with this Declaration alwayes That in case the impediment during the space foresaid flow from the Titular by reason of his minority or other inability in that case the Heritor who offered himself ready to buy his own Teind within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space above-exprest And it is Declared that if the Heritor be Minor and his Tutors neglect the buying of his Teinds within the foresaid space the Minor shall have Action for two years after his minority to compell the Titular for selling of the saids Teinds LXII ACT for ordering the payment of Debts betwixt Creditor and Debitor OUr Soveraign Lord considering how necessary and essential it is to the very being and flourishing of Kingdoms and Nations that there should be a National confidence among the people themselves and with these of other Nations with whom they have correspondence and traffick abroad and that the most effectual and proper way to beget cement and maintain the same is that Promises Pactions Obliegements and Debts be faithfully performed and satisfied without which there can be no trust and consequently no society intercourse and commerce at home and all Trade and Traffick with other Nations will certainly decay and cease to the irreparable loss ruine and discredit of the Nation Yet the troubles and difficulties of the time being so great that it is fit some breathing time and encouragement should be given to the Debitors for the better inabling them to keep their credit and to take some effectual course for paiment of their Debts Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That for all Sums and Debts contracted before the tearm of Whitsunday one thousand six hundred and fifty eight years and exceeding one thousand pounds Scots of principal personal execution shall be forborne by the space of six years to begin at Whitsunday last by-past in this instant year one thousand six hundred and sixty one Providing that the Debitors make paiment of one years Annualrent at Candlemesse next in the year one thousand six hundred and sixty two and that the residue of the by-gone Annualrents of the said Sums resting unpaid at Whitsunday next shall become and be made a principal Sum and the Debitor shall give security for the same to these who have right to the by-gone Annualrents when they take the benefit of the foresaid forbearance in manner after-mentioned or at any other time that the same shall be demanded Which Security to be granted for the said by-gone Annualrents made up in a principal Sum shall bear obliegement to pay Annualrent for the same in manner and from the tearms after-specified viz. For a third part thereof from Whitsunday next one thousand six hundred and sixty two years and for an other third part from Martimesse thereafter in the said year and for the last third part from Whitsunday in the year one thousand six hundred and sixty three during the not paiment of the said principal Sum so made up for which personal execution is to be forborne as for the other principal Sums by the space aforesaid of six years after Whitsunday last And without prejudice of the Security to be granted in manner foresaid It is also Declared and Ordained that the said by-gone Annualrents are made up and shall be holden and esteemed principall Sums And that Annualrents shall be due and payable for the same from the tearms and in manner foresaid and that execution shall follow at the instance of those who have right to the same upon and by vertue of their Bonds Contracts and Rights and of this present Act and Ordinance in the same manner as if a new Security were already granted in manner and of the tenour abovewritten And notwithstanding of the Premisses It is hereby Declared that the Lords of Session shall have power to grant and passe Suspensions for Sums not exceeding one thousand pounds upon such reasons as they shall think just And where those who have right to by-gone Annualrents are only Liferenters and have no right to the stock and principall Sum It is Ordained that it shall be lawfull to them to use execution for the whole by-gone Annualrents due to them as they might have done before the making of these Presents and that the saids Lords of Session shall have power to grant and passe Suspensions against the saids Liferenters in case they shall find just grounds and cause for granting of the same It is likewayes Provided that the benefit of the said forbearance shall only be granted and competent to such Debitors as shall pay the said years Annualrent within the time foresaid and shall betwixt and the first day of November compear before any of the Lords of Session with the Clerk and
declare before them upon Oath that their Debts exceeds the value of four years Rent of their Estate pertaining to and possest by them which Declaration extracted under the hand of the Clerk of Register or his Deputies shall be a sufficient Security against Personall execution And for which Extract the Clerk Register and his Deputies shall have for their Fees the sum of thirty three shillings four pennies Scots and no more And it is Declared that all persons who shall not by themselves or their Tutors or Curators appear and declare within the time and in manner foresaid shall be excluded from the benefit of the foresaid forbearance and shall never be reponed or admitted thereafter upon any pretext whatsoever And the benefit of the foresaid forbearance being granted to the Debitors or any of their Cautioners upon the compearance and declaration foresaid shall only be personall for them and their Heirs and others representing them and shall not be extended to those who are bound with them and lyable to the saids Debts unlesse they also compear and declare that their own proper Debts and Cautionry for persons who have taken the benefit of this Act exceeds the value of four years Rent of their Estate and that within the time and in manner foresaid And for the more ease of the Debitors It is Ordained that in case within the time of the forbearance foresaid the Debitor shall offer to the Creditor a part of his Debt not being beneath or within the third part of the whole Sums due by him to the Creditor for the time the Creditor in that case shall be holden to accept of the said partiall paiment and in case of his refusall offer being made of a part of the said Sums not within the proportion foresaid in presence of a Notar and Witnesses the Debitor upon consignation of the same in the hands of the Clerk of the Bills shall be free of the Annualrent of that part of the said Sum that shall be consigned in all time coming after the consignation foresaid And whereas the legall reversion of Comprisings was formerly limited to seven years His Majesty for the reasons and with consent foresaid is graciously pleased to extend the same to ten years in all time coming and Statutes and Ordains that all Comprisings already deduced and whereof the legall reversion is not yet expired or which shall be deduced any time hereafter shall be redeemable within the space of ten years after the date of the same and all Comprisings deduced since January one thousand six hundred and fifty two years and whereof the legalls are expired and all Comprisings deduced before the said moneth of January one thousand six hundred and fifty two years and which were not expired before the said moneth of January one thousand six hundred and fifty two years shall be redeemable within the space of three years after Whitsunday now last by-past notwithstanding the legall reversions of the same be now expired And in case the Lands and others comprised exceed in yearly Rent and value the Annualrent of the Sums contained in the saids Comprisings and of the expence disbursed in obtaining Infestments thereupon and the Debitor shall desire the Creditor to possesse the Lands and others comprised it shall be lawfull to the Lords of Session likeas the saids Lords are hereby impowered and authorized upon a Supplication to be made to them by the Debitor and Citation of the Comprisers to appoint the Apprisers to possesse such of the saids Lands and others during the legall reversion as the saids Lords of Session shall think just and reasonable the saids Debitors alwayes giving possession to those who have right to the saids Comprisings and ratifying their possession already apprehended by them if any such possession they have of such of the saids Lands and others as the saids Lords of the Session shall appoint not being beneath in yearly Rent and value of the Annualrents above-mentioned or otherwayes giving to the Creditors whether they have possession or not sufficient security at the sight of the saids Lords for paiment of the saids Annualrents during the time foresaid the saids Lords of Session having alwayes power to determine whether in the cases foresaids the Debitor shall give Surety to the Creditor for his Annualrents or the Debitor not being able to give Surety the Creditor shall be oblieged to take possession of the Debitors Lands And if the Lords of Session shall appoint in the case foresaid the Creditor to be possest for his Annualrent then and in that case the Debitor shall be holden to deliver the Evidents of the saids Lands to the Creditor or transumps thereof providing alwayes that the Creditors right by vertue of the saids Comprisings be no wayes prejudged after the expiring of the same And that the whole Lands and others both such as shall be possessed by the Debitor and the remanent of of the Lands and others contained in the saids Comprisings shall pertain to the Creditor irredeemably And because oftentimes Creditors in regard they live at distance or upon other occasions are prejudged and preveened by the more timeous diligence of other Creditors so that before they can know the condition of the common Debitor his Estate is comprised and the posterior Comprisers have only right to the legal reversion which may and doth often prove ineffectual to them not being able to satisfie and redeem the prior Comprisings their means and money being in the hands of the common Debitor Therefore it is Statute and Ordained That all Comprisings deduced since the first day of January one thousand six hundred and fifty two years before the first effectual Comprising or after but within year and day of the same shall come in pari passu together as if one Comprising had been deduced and obtained for the whole respective Sums contained in the foresaids Comprisings And it is Declared that such Comprisings as are preferable to all others in respect of the first real Right and Infeftment following thereupon or the first exact diligence for obtaining the same are and shall be holden the first effectual Comprising though there be others in date before and anterior to the same and the foresaid benefit given and introduced hereby in favours of these whose Comprisings are led within the time and in manner foresaid is only granted and competent in the case of Comprisings led since the first day of January one thousand six hundred and fifty two years and to be led after the date of thir presents and for personal Debt only without prejudice alwayes of ground Annuals Annualrents due upon Infeftment and other real Debts and Debita fundi and of Comprisings therefore of Lands and others affected therewith which shall be effectual and preferable according to the Laws and Practick of this Kingdom now standing And it is also provided that the Creditors having right to the first Comprising except as is above excepted shall be satisfied by the posterior Comprisers
all the free Profits and Rents which he shall have or uplift out of the saids Lands shall be restricted to six per cent yearly of free money and the Wodsetter shall be countable to the Debitor or others having right from him for the superplus and that without prejudice of the Wodsetters real Right and Infeftment ay and while the Lands be redeemed and the principall Sum whereupon the same is redeemable shall be satisfied It is alwayes provided that where any Creditor hath had losse by his possession of the Wodset-lands and others since the date of his Wodset So that he hath not received as much free Rent as communibus annis hath extended to the Annualrent allowed by Law for the time all charges and burdens being deduced in that case it is provided that the Wodsetter shall be first satisfied of what he wants before he quit his possession of the said Wodset-lands or be holden to accept Security for his Annualrents And it is Declared that in the account of the Wodsetter's by-gone losse there shall be allowed what he hath disbursed upon reparation and building of Tennents houses Milnes and for the advantage of the ground and generally all other expence which the Wodsetter was put to and what losse he sustained in reference to the said Wodset-lands Rights and Securities thereof any manner of way and what he hath lost by Quarterings Cesse waste Land depauperated Tennents or by Tennents who were or are not able to pay unlesse the ground should be casten waste And because the Wodsetters probation of his saids losse may be difficile he not conceiving that there should be necessity for any such count or that there should be any alteration made in the right and possession of his proper Wodset Therefore His Majesty with advice foresaid doth allow the Lords of Session to take such reasonable probation as in equity they shall think fit And if there be any deficiency to take the Wodsetters Oath in supplement and where the Wodsetter is in natural possession of the Wodset-lands by dwelling thereon or labouring the same with his own Plough and Goods or otherwayes having the same plenished with his saids Goods in that case he shall not be holden to remove from his said possession but at the ordinary tearm of removing and that he be lawfully warned fourty dayes before and after sufficient Security shall be made to him in manner above specified before the said warning And His Majesty having granted so much favour benefit and indulgence to Debitors as the like cannot be shown to have been granted at any time in this Kingdom doth Declare Statute and Ordain That the Laws and Practick of the Kingdom concerning Debts and paiment thereof and diligence and execution for the same and concerning proper Wodsets where the Creditor-wodsetter hath the hazard of Fruits Tennents War and others shall be observed inviolably and be of full force vigor and effect in all time coming excepting so far as the same is altered innovat and repealed by this present Act. LXIII Act Salvo jure cujuslibet OUr Soveraign Lord taking to consideration that there be many Acts of Ratification and others past and made in this Session of Parliament in favours of particular persons without calling or hearing of such as may be thereby concerned and prejudged Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in manner foresaid shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the making of the saids particular Acts and Acts of Ratifications and that the Lords of Session and all other judges within this Kingdom shall be oblieged to judge betwixt parties according to their several rights standing in their persons before the making of the saids Acts. All which are hereby exponed and declared to have been made Salvo jure cujuslibet LXIV Act of Adjournment THe Kings Majesty Declares this Parliament current and Adjourns the same to the twelfth day of March next to come Ordaining all Members of Parliament Noblemen Commissioners of Shires and Burghs and all others having interest to attend that day and that there be no new Elections in Shires or Burghs except upon the death of any of the present Commissioners A. Primerose Cls. Reg. A TABLE of the Printed ACTS 1. ACt concerning the President and Oath of Parliament Page 3. 2. Act and Acknowledgment of His Majesties Prerogative in the choice of His Officers of State Counsellors and Judges Page 4. 3. Act asserting His Majesties Royall Prerogative in the calling and dissolving of Parliaments and making of Laws Page 5. 4. Act asserting His Majesties Royall Prerogative in the making of Leagues and the Conventions of the Subjects Page 6. 5. Act asserting His Majesties Royall Prerogative in the Militia and in making Peace and War c. Page 7. 6. Act annulling the pretended Convention of Estates kept in the year 1643. Page 8. 7. Act concerning the League and Covenant and discharging the renewing thereof without His Majesties Warrand and Approbation ibid. 8. Act against Papists Priests and Jesuits Page 9. 9. Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter Page 11. 10. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646 and 1647. Page 15. 11. Act for taking the Oath of Allegiance and asserting the Royall Prerogative Page 17. 12. Act concerning the Judiciall Proceedings in the time of the late Usurpers Page 19. 13. Act and Offer of Fourty thousand pounds Sterling to be paid to the Kings Majesty yearly during His life-time by this Kingdom Page 21 14. Act for raising the Annuity of Fourty thousand pounds Sterling granted to His Majesty Page 22. 15. Act Rescinding and Annulling the pretended Parliaments in the years 1640 1641 c. Page 37. 16. Act concerning Religion and Church-Government Page 40. 17. Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royall Government of His Kingdoms Page 41. 18. Act for the due observation of the Sabbath-day Page 42. 19. Act against Swearing and excessive Drinking Page 43. 20. Act against Cursing and Beating of Parents Page 44. 21. Act against the crime of Blasphemy ibid. 22. Act concerning the severall degrees of casuall Homicide Page 45. 23. Act Ratifying the Priviledges of the Colledge of Justice ibid. 24. Act concerning appearand Heirs their paiment of their Predecessors and their own Debts Page 46. 25. Act for Denouncing of Excommunicate Persons Page 47. 26. Act appointing the Pursuer of the Thief to have the Goods stolen from him restored Page 48. 27. Act for the Pardon of Penall Statutes ibid. 28. Act discharging the Quots of Testaments Page 49 29. Act for Poynding upon Sheriffs and Commissars Decreets ibid. 30. Act anent the Fewers and Vassals of Kirk-lands Page 50. 31. Act concerning the Registration of Comprisings Page 51. 32. Act concerning Heretable and Moveable Bonds Page 52. 33. Act for the right Packing of Salmond ibid. 34. Act against Clandestine and unlawfull Marriages Page 53. 35. Act concerning the Election and Charges of the Commissioners from Shires to the Parliament Page 55. 36. Act anent Presentation of Ministers Page 56. 37. Act concerning the Bullion Page 57. 38. Commission and Instructions to the Justices of Peace and Constables Page 65. 39. Act for the Fishings and erecting of Companies for promoving of the same Page 79 40. Act for Erecting of Manufacturies Page 83. 41. Act for Planting and Inclosing of Ground Page 85. 42. Act establishing Companies and Societies for making Linnen-cloath Stuffs c. Page 87. 43. Act discharging the Exportation of Linnen-yarn and regulating the breadth of Linnen-cloath c. Page 89. 44. Act for incouraging of Shipping and Navigation Page 90. 45. Act discharging the Exportation of Skins Hides c. Page 93. 46. Act discharging the Exportation of Woollen-yarn Worstead broken Copper and Peuter c. Page 94. 47. Act discharging Trades-men to Import Made-work ibid. 48. Act for incouraging of Soap-works Page 95. 49. Act Reducing the Annuals to Six for the Hundred ibid. 50. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session Page 96. 51. Act concerning Arrestments Page 97. 52. Act concerning the disposall of Vacant Stipends ibid. 53. Act Ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property Page 98. 54. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Altarages Page 100. 55. Act anent Cocquets and Entries of Ships Page 102. 56. Act anent Coal-hewers ibid. 57. Act discharging the Custom of two and an half of the hundred and the Impost of four pounds on the Tun. Page 103. 58 Act in favours of those who get their Ward-holding changed by the Kings Majesty Page 104. 59. Act anent the Exchequer Page 105. 60. Act concerning Docqueting of Signaturs Page 106. 61. Commission for Plantation of Kirks and Valuation of Teinds ibid. 62. Act for ordering the paiment of Debts betwixt Creditor and Debitor Page 111. 63. Act Salvo jure cujuslibet Page 118. 64. Act of Adjournment ibid. FINIS