THE ACTS MADE IN THE SECOND PARLIAMENT OF OUR MOST HIGH AND DREAD SOVERAIGNE CHARLES By the grace of God King of Scotland England France and Ireland Defender of the Faith c. Holden at Edinburgh in the severall Sessions thereof according to the dates therein mentioned Acts past and done in this present Session of Parliament the eleventh of June 1640. EDINBURGH Printed by Robert Young and Evan Tyler Printers to the Kings most excellent MAJESTIE ANNO 1641. Cum Privilegio Regiae Majestatis ACTS PAST AND DONE IN THIS PRESENT Session of PARLIAMENT the eleventh of June 1640. ACT I. ACT ANENT THE CHOOSING OF Robert Lord Burghlie to be President in this Court and Session of Parliament in respect of the absence of the Kings Commissioner THE Estates of Parliament presently conveened by His Majesties speciall authoritie Considering that in respect of the absence of His Majesties Commissioner they are necessitate to make choyse of one of their number to be President in this present Session of Parliament And understanding the sufficiencie of Robert Lord Burghlie for that charge They all in one voice with one consent did nominate elect and choose the said Robert Lord Burghlie to bee President and to proceed in this present Session and Court of Parliament for discussing and handling of the matters to be determinat thereintill ACT II. ACT ANENT THE CONSTITUTION Of the Parliament and all subsequent Parliaments THE Estates of Parliament presently conveened by His Majesties speciall authoritie Considering that this present Parliament was indicted by His Majestie for ratifying of such Acts as should be concluded in the late Assemblie of the Kirk for determining all Civill matters and setling all such things as may conduce to the publick good and peace of this Kirk and Kingdome And considering the severall complaints of this Kirk unto Parliaments from time to time proceeding from her continuall experience of prejudice and ruine through many persons and specially of Prelates their attempting to voyce or do any thing in name of the Kirk without either bearing Office in the Kirk or having commission from the Kirk And the Acts of the late Generall Assemblie condemning the office of Bishops Archbishops and other Prelates and the civil places and power of Kirkmen as their voycing and ryding in Parliament and craving the abolishing of these Acts of Parliament which grants to the Kirk or Kirkmen vote in Parliament to be abrogate as prejudiciall to her Liberties and incompatible with her spirituall nature Considering also that there are conveened in this present Parliament by His Majesties speciall indiction warrant and authoritie the Nobilitie Barons and Burgesses the Estates of this Kingdome who have a full and undoubted power to proceed and determine in all matters concerning the publick good of this Kingdome and that notwithstanding of the absence of the Prelates who by former Lawes were appointed to bee members of Parliament And to the effect none presume to move any question there anent The saids Estates now conveened as said is have declared and by these presents declares this present Parliament holden by the Nobilitie Barons and Burgesses and their Commissioners the true Estates of this Kingdome to be a complete and perfect Parliament and to have the famine power authority and jurisdiction as absolutely and fully as any Parliament formerly hath had within this Kingdome in time by-gone And ordaines all Parliaments hereafter to be so constitute and to consist onely in all time comming of the Noblemen Barons and Burgesses as the members and three Estates of Parliament And rescindes and annulls all former Lawes Acts of Parliament made in favours of whatsoever Bishops Archbishops Abbots Pryors or other Prelates or Churchmen whatsoever for their ryding sitting or voycing in Parliament either as Churchmen or the Clergie or in name of the Church or as representing the Church as an State or member of Parliament by reason of their Ecclesiasticall Offices Titles Dignities or Benefices and namely the 231. Act Parl. 15. K. Ja. 6.1597 anent the Kirk and specially parsons and prelates representing the third Estate and the 2. Act Parl. 18. K. Ja. 6.1606 anent the restitution of the estate of Bishops and their representing the third Estate with all Acts and Constitutions of Convention Councell or Session and all practises and customes whatsoever in so far as the same or any clause thereof tends or may be extended to the effect foresaid as being found and declared prejudiciall to the Libertie of this Kirk and Kingdom and to the puritie of the true reformed Religion therein established And prohibites all persons whatsoever to call in question the authoritie of this present Parliament upon whatsoever pretext under the pain of treason ACT III. ACT ANENT THE CHOOSING of Committees out of every Estate THe Estates of Parliament presently conveened by vertue of His Majesties speciall authority Considering that there have divers questions arisen in this present Parliament anent the freedome of the Parliament either to choose or not to choose Committees for Articles when they resolve to choose anent the manner of election of them anent their use and power By reason the same is not yet determined nor set down by any Acts of former Parliaments for removing whereof avoyding the great prejudice which by experience they find will hereby redound to this Kingdom and to the liberty freedom dignity of the supreme Courts of Parliament They have thought it necessary that a solid Order be set down as wel declaring the Liberty of the Parliament in the manner of their proceedings by themselves alone or by Committees for Articles as prescribing the form and manner of the election of these Committees for Articles and defining their use power and manner of proceeding to be observed in all times coming AND THEREFORE have statute and declared That according to the Liberty of all free Judicatories anent their own preparatorie Committees all subsequent Parliaments may according to the importance of Affairs for the time either choose or not choose severall Committees for Articles as they shall think expedient And that any subsequent Parliaments making election of Committees for Articles to prepare matters for them shall proceed in manner following To wit That these of the Noblemen shal be named and chosen by the Noblemen themselves out of their number And by the Barons Commissioners of Shires by themselves out of their number And the Burgesses Commissioners of Burrowes by themselves out of their number The names of the which persons so named and chosen out of every Estate not exceeding for every Committee the number prescribed by the Act of Parliament 1587. being openly read and made known to the whole Estates sitting in plain Parliament The said Estates having received any propositions which are ever first to bee presented to themselves by an Act shall authorize the said persons with power to treat reason and consult upon the expediencie or inexpediencie of such Articles allanerlie as shal be committed and
of King Charles So that the 6. Act Parl. 1. and 68. Act Parl. 6. of King James 6. in the yeare of God 1579. declare the Ministers of the blessed Evangel whom GOD of his mercie had raised up or hereafter should raise agreeing with them that then lived in Doctrine and Administration of the Sacraments and the people that professed Christ as hee was then offered in the Evangel and doth communicate with the holy Sacraments as in the reformed Kirks of this Realme they were publikely administrate according to the Confession of Faith to bee the true and holy Kirk of Christ Jesus within this Realme and discerne and declare all and sundry who either gain-say the Word of the Evangel received and approved as the heads of the confession of faith professed in Parliament in the yeare of God 1560 specified also in the first Parliament of King Iames 6. and ratified in this present Parliament more particularly doe specifie or that refuses the administration of the holy Sacraments as they were then ministrated to be no members of the said Kirk within this Realme and true Religion presently professed so long as they keep themselves so divided from the societie of CHRISTS Body And the subsequent Act 69. Parl. 6. of King Iames 6. declares that there is none other Face of Kirk nor other Face of Religion then was presently at that time by the favour of GOD established within this Realme which therefore is ever stiled Gods true Religion Christs true religion the true and Christian Religion and a perfect Religion Which by manifold Acts of Parliament all within this Realme are bound to professe to subscribe the articles thereof the Confession of Faith to recant all doctrine and errours repugnant to any of the said Articles Act 4. and 9. Parl. 1. Act 45.46.47 Parl. 3. Act 71. Parl. 6. Act 106. Parl. 7. Act 24. Parl. 11. Act 123. Parl. 12. Act 194. and 197 Parl. 14. of King Lames 6. And all Magistrates Sheriffs c. on the one part are ordained to search apprehend and punish all contraveeners For instance Act 5. Parl. 1. Act. 104. Parl. 7. Act 25. Parl. 11. K. James 6. and that notwithstanding of the Kings Majesties licences on the contrary which are discharged and declared to be of no force in so far as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parliament against Papists and adversaries of true Religion Act 106. Parl. 7. K. Iames 6. On the other part in the 47. Act Parl. 3. K. Iames 6. it is declared and ordained seeing the cause of Gods true Religion and his highnes Authority are so joyned as the hurt of the one is common to both and that none shall be reputed as loyall and faithfull subjects to our Soveraign Lord or his authority but be punishable as rebellers and gain-standers of the same who shall not give their Confession and make their profession of the said true Religion and that they who after defection shall give the Confession of their Faith of new they shall promise to continue therein in time comming to maintaine our Soveraigne Lords Authority and at the uttermost of their power to fortifie assist and maintain the true Preachers and Professours of Christs Evangel against whatsoever enemies and gain-standers of the same and namely against all such of whatsoever nation estate or degree they be of that have joyned and bound themselves or have assisted or assist to set forward and execute the cruell decrees of the Councel of Trent contrary to the true Preachers and Professours of the Word of God which is repeated word by word in the Articles of Pacification at Perth the 23 of February 1572. approved by Parliament the last of April 1573. ratified in Parliament 1587. and related Act 123. Parl. 12. of K. Iames 6. with this addition that they are bound to resist all treasonable uproares and hostilities raised against the true Religion the Kings Majestie and the true Professors LIKE AS all Liedges are bound to maintain the K. Majesties Royall Person and Authority the Authority of Parliaments without the which neither any lawes or lawfull Judicatories can be established Act 130. and 131 Parl. 8. K. Iames 6. and the subjects liberties who ought only to live and be governed by the Kings lawes the common lawes of this Realm allanerly Act 48. Parl. 3. K. James the first Act 79. Parl. 6. K. James 4. repeated in the Act 131. Parl. 8. K. James 6. Which if they be innovated or prejudged the Commission anent the Union of the two Kingdomes of Scotland and England which is the sole Act of the 17. Parl. of K. James 6. declares such confusion would ensue as this Realm could be no more a free Monarchie because by the fundamentall lawes ancient priviledges offices and liberties of this Kingdom not onely the Princely Authority of his Majesties Royall descent hath beene these many ages maintained but also the peoples security of their Lands livings rights offices liberties and dignities preserved And therefore for the preservation of the said true Religion Lawes and Liberties of this Kingdom it is statute by the 8. Act Parl. 1. repeated in the 99. Act Parl. 7. Ratified in the 23. Act Parl. 11. and 114. Act Parl. 12. of K. James 6. and 4. Act of K. Charles that all Kings and Princes at their Coronation and reception of their Princely authority shall make their faithfull promise by their solemne Oath in the presence of the Eternall GOD that enduring the whole time of their lives they shall serve the same eternall GOD to the uttermost of their power according as he hath required in his most holy Word contained in the Old and New Testament And according to the same Word shall maintain the true Religion of Christ Jesus the preaching of his holy Word the due and right ministration of the Sacraments now received and preached within this Realme according to the Confession of Faith immediatly preceding and shall abolish and gain-stand all false Religion contrary to the sme and shall rule the people committed to their charge according to the will and command of GOD revealed in his foresaid word and according to the laudable Lawes and Constitutions received in this Realme no wayes repugnant to the said will of the eternall GOD and shall procure to the uttermost of their power to the Kirk of GOD and whole Christian people true and perfect peace in all time comming and that they shall be carefull to root out of their Empire all Hereticks and enemies to the true worship of GOD who shall be convicted by the true Kirk of GOD of the foresaid crimes which was also observed by his Majestie at his Coronation at Edinburgh 1633. as may be seen in the Order of the Coronation IN OBEDIENCE to the commandement of God conform to the practise of the godly in former times and according to the laudable example of our Worthy and Religious Progenitors and of many yet
The governement of the Kirk by Bishops The civill places and power of Kirkmen upon the reasons and grounds contained in the Acts of the Generall Assembly declared to be unlawfull within this Kirk Wee subscribe according to the determination foresaid ACT VI ACT RESCISSORIE THE Estates of Parliament presently conveened by his Majesties special authority Considering that the office of Bishops and Archbishops and all other prelates the civil places and power of Kirkmen as their voycing and ryding in Parliament are condemned by the Assemblies of this Kirk And considering the severall acts and complaints of this Kirk unto Parliaments from time to time against any persons especially of prelates their attempting to vote or doe any thing in name of the Kirk without either bearing Office in the Kirk or having Commission from the Kirk with her frequent supplications to the Parliament for dissolving of all prelacies Considering also the petition of the Commissioners of the late General Assembly humbly craving the rescission of all Acts of Parliament which grants to the Kirk or Kirkmen of whatsoever sort allowed or disallowed as representing her or in her name the priviledge of ryding voting in parliament as prejudicial to her liberties and incompatible with her spirituall nature declares that the sole onely power and jurisdiction within this Kirk stands in the Kirk of God as it is now reformed and in the General Provincial Presbyterial Assemblies with the Sessions of the Kirk established by act of Parliament in June 1592. cap. 1140. which act the saids Estates now conveened by his Majesties speciall indiction warrant and authority revives and renewes in the whole heads points and articles thereof with this expresse declaration that according to the last clause in the Act of the late Generall Assembly of the 17. of August the necessitie of occasional Assemblies be first remonstrate to his Majestie by humble supplication to stand in full strength as a perpetuall law in all time comming notwithstanding of whatsoever acts statutes made in the contrair thereof in whole or in part which the Estates conveened as said is casses and annuls in all time comming and declares that it is and shall be lawfull to the Presbyteries of this Kirk to exact and receive from subjects of all qualities their Oath of the Confession of Faith and Covenant with the Subscription thereof to examine Pedagogues of the sons of Noblemen passing out of the Countrey to give them Testimonials according to former Acts of Parliament to give and direct admonitions private or publick to persons joyned in marriage for adherence to designe manse and gleibs to ministers to appoint stent-masters for reparation of Kirks and Kirk-yards and for maintenance of the Masters of Schooles and to stent the parochioners conforme to the Act of parliament to admit Ministers upon the presentations from the lawfull Patrons or Jure devoluto which shall happen hereafter Or unto Kirks which fall not under patronages suchlike and as freely as they did or might have done off before And to doe all and whatsoever things which before pertained to Presbyteries and were usurped by the prelates And that notwithstanding of whatsoever acts or statutes made in the contrair in favours of Bishops Archbishops or other prelates which the Estates authorized in manner foresaid casses and annuals And specially the Estates foresaids casses and annuls the 23. Act 1597. anent the Kirk and speciall persons and prelates voycing in Parliament and representing the third Estate the 2. Act 1606. anent the restitution of the state of Bishops and their representing the third estate the 8. Act 1607. anent the Chapter of S. Andrewes the 6. Act. 1609. anent the Commissariats and jurisdiction given to Bishops and Archbishops the first Act 1612. anent the ratification of the Acts of the pretended Assembly of Glasgow 1610. the first and second Acts 1617. anent the election of Bishops and restitution of Chapters without prejudice alwaies to the Ministers serving the cure of any emoluments allowed to them in part of their stipend the first Act 1621. anent the ratification of the Articles of the pretended Assemby holden at Perth And finally the Estates foresaid conveened by authority rescindes and annulls all and whatsoever Acts of Parliament Lawes and Constitutions in so far as they derogate and are prejudiciall to the spirituall nature jurisdiction discipline and priviledges of this Kirk or of her Generall Provinciall Presbyteriall Assemblies and Kirk-sessions and so far as they are conceived in favours of Archbishops Bishops Abbots Priors and others Prelates or Kirkmen whatsoever their dignity title power jurisdiction and estate in this Kirk and Kingdome or in favours of the civill places and power of Kirkmen of whatsoever sort allowed or dis-allowed for their riding sitting and voycing in Parliament either as Kirkmen or the clergy or in name of the Kirk or as representing the Kirk either in regard of their Ecclesiastick titles offices places and dignities or in regard of the temporality or spirituality of their Ecclesiastick benefices or other pretext whatsoever with all acts and constitution of convention counsell or session or other Judicatory whatsoever and all practises and customes whatsoever introduced in favours of the saids offices titles benefices or persons provided thereto And declares all persons civill or ecclesiasticall censured deprived confined or banished by vertue of whatsoever acts decreets or sentences given and pronounced by the saids Archbishops and Bishops or others their colleagues and associats in their Ecclesiasticall courts holden by vertue of the acts foresaids or any of them or by vertue of the pretended high Commission and all acts interponed thereto against the persons foresaids for not obedience of the foresaids Acts or any of them which are now repealed as said is or for not acknowledging their saids courts or for their pretended contumacy and not compearance to answer before them To be null and of none avail force nor effect and the foresaids persons to be restored and reponed against the same such like as if the samine had never been given nor pronounced ACT VII ACT FOR PLANTING OF KIRKES Unprovided with Ministers through the Patrons default THE Estates of Parliament presently conveened by his Majesties speciall authority Considering the lamentable condition of a great number of Congregations lying destitute of Ministers since the assembly at Edinburgh and before by the negligence of Patrons and others having interest to the great prejudice of the Gospel Therefore do require the Presbyteries with consent of the Parochins with all diligence to plant these vacant Kirks which by the oversight of any Patrons whatsoever have lyen six moneths unprovided And ordain the Lords of Session to give forth sentences and letters in the ordinary forme for payment of the former stipends of these Kirks to such as the Presbyteries shall admit or have already admitted to the office and cure of the ministery in these Kirks with consent of the Parochins as said is while the samine former stipends of these
in any time comming And in case any happens to be purchased declares the same to be null of the Law and not admissable by any Judge nor effectuall to the purchaser in any wayes And ordaines all Judges within this Realme to proceed and doe justice to all parties suchlike and in the same manner as if the saids Supersederes had never been purchased nor produced And also by the 13. Act of his 23. Parliament in anno 1621 intituled Anent the discharging of Protections Of the which Act also the tenour followes Our Soveraigne Lord and Estates of Parliament understanding that there may sundry Protections be sought by bankrupts and others who are adebted in great summes of money whereby the execution due unto the creditours by the Lawes of the Countrey against the debter may bee frustrate to the great damage of the creditour FOR REMEED whereof it is statute and ordained that hereafter the Lords of Session shall grant no Protection from any execution due and competent against any man of the Law And declares that if any shall bee hereafter granted the granter of the same shall be subject and lyable of the Law for the summe from the which hee hath granted Protection And the saids Estates of Parliament foresaid being carefull that the prejudices and evills incurred and sustained by his Highnesse Lieges by the granting of the saids Protections be helped and remeeded Have therefore renewed ratified and approven and by these presents renewes ratifies and approves the foresaids two particular Acts of Parliament above mentioned in the whole heads and clauses thereof before rehearsed conforme to the tenour of the samine which are insert hereintill ad longum ut supra And ordaines the saids Acts and every one of them to have the strength of a Law with full force and execution conform to the tenour thereof in all time comming with this addition That the certification of the foresaid last Act made in anno 1621. against the Lords of Session shall also be extended against the Lords of Secret Councell and Exchequer AND THEREFORE of Estates of this present Parliament statutes and ordaines that hereafter the Lords of Privie Councell Session or Exchequer shall grant no protection from any Execution due and competent against any man of the Law and declares that if any shall be hereafter granted the granter of the same shall bee subject and lyable of the Law to the Creditor for the summe from the which he hath granted protection And ordaines all Sheriffes Stewarts Bailiffs of Regalities Provests and Bailiffs of Burrows and other Officiars of Justice in all time comming to proceed in discharge of their duty and execution of the command of our Soveraign Lords Letters notwithstanding of any Protection or Supersedere ACT XXII ACT ANENT THE EXCHEQUER DECLARING The famine to be onely Judges to matters concerning the managing of the Kings Rents and Casualities THe Estates of Parliament now presently conveened by his Majesties speciall authority for the explanation of the 18. Act of the late Parliament holden at Edinburgh in the moneth of June 1633. year intituled Anent the Exchequer Finds declares statutes and ordaines that the validity or invalidity of Infeftments of his Highnesse property or of any other Infeftments may not be discust nor decided in Exchequer neither by way of Action Exception or Reply but that the discussing and decision thereof is onely proper to the Lords of Session It is added that the Exchequer are onely Judges to matters concerning the managing of the Kings Rents and Casualities ACT XXIII IN FAVOURS OF THESE WHO HELD their lands of Arch-bishops Bishops or of their Chapters THe Estates of Parliament presently conveened by his Majesties special Authority considering that the Offices of Arch-bishops Bishops Archdeanes Deanes and others the members of their Chapters are now abolished out of this Kirke and Kingdome And herewith also taking to their consideration that there is sundrie Noble-men Gentle-men and others within this Realme who held their lands of the saids Archbishops Bishops Archdeanes Deanes and others members of Chapters who are now abolished forth of this Kirke and Kingdome as said is for payment of certaine yearely few dueties and fulfilling of certain clauses irritant and performing of other conditions contained in their Infeftments Takes and Rights And who not knowing to whom they shall now pay their saids dueties and fulfill the other conditions of their Infeftments and Rights may be prejudged by incurring of the failÈie and danger of the clause irritant of their saids Rights for not payment of their few and other dueties therein specified And by the incurring of the certification contained in the Acts of Parliament set downe anent the payment by Vassels of their few dueties to their Superiours The saids Estates for remeed hereof and for eschewing of the prejudice and danger that may come hereby Findes and declares that these Noble-men Gentle-men and others who by their Infeftments Takes and Rights are adebted in payment of few and Take dueties or oblisht in fulfilling of any other conditions to the saids Archbishops Bishops Archdeanes Deanes or other beneficed persons members of their Chapters now abolished as said is are not and shall not be in mora for not payment of their saids dueties and not fulfilling of the other conditions of their Rights And that the clause irritant of their Infestments Takes and other Rights shall not runne against them Nor yet the certification of the saids Acts of Parliament militat against them for not payment of their saids dueties and not fulfilling of the other clause of the Rights during the intervall of time betwixt the first day of April 1638. yeares and sensyne and in time coming while order be taken by the Estates of Parliament anent the way and manner of payment of the foresaids few and other dueties for the sayds Noble-men Gentlemen and others foresaids their security for the payment thereof and while the same order so to be taken by the Estates hereanent be publickly notified to all the Lieges notwithstanding of any clause irritant contained in the foresaids Infeftments and Rights And notwithstanding of the certification of the Acts of Parliament set downe against these who payes not their few dueties to their Superiours ACT XXIIII ANENT VASSALS OF ERECTIONS THAT They be not subject in double payment nor the superiours defrauded of their few dueties THE Estates of Parliament conveened by his Majesties speciall Authoritie Considering that whereas by the generall surrender of Kirke lands and erections made by the Superiours and Titulars thereof in favours of the Kings Majestie It is specially provided that the saids Superiours and Titulars notwithstanding their surrender foresaid shall have right to the Few-fermes and duties of the Vassals and Fewars of the said Kirk lands and erections till the Kings Majesty make paiment to them of the prices of the said Few-firmes and duties modified by the Lords and others of the Commission for surrenders and teinds And siclike the Fewars
and Vassals of the said Kirk lands and erections are obliged by their new infeftments under the great Seale to pay the saids Few-fermes and duties to the Kings Majestie and His Successours And so are lyable to double payment thereof without remeed bee provided It is therefore statute and ordained by the saids Estates that the saids Fewars and Vassals of Kirke lands and erections their heirs and successours shall bee obliged to make thankfull payment of the saids Few-fermes and duties and services used and wont contained in their Infeftments and whereof the saids Superiours and Titulars have beene in possession preceding that surrender foresaid to the saids Superiours and Titulars their heirs and successours aye and while they get payment of the prices modified by the saids Lords and others of the Commission foresaid And that Letters of horning and poinding shall be granted to that effect without prejudice alwayes to his Majestie and his Successours of the Superiority of the saids Fewars and Vassals surrendred in manner foresaid and without prejudice to them of their infeftments taken to be holden of his Majestie and his successours Like as it is declared that the saids Fewars and Vassals of Kirke lands and erections have beene in bona fide in payment of the saids Few-fermes and dueties to the saids Superiours and Titulars of all termes by-gone according to the provision contained in the said generall surrender ACT XXV APPOINTING ALL GRIEVANCES TO Be given in plaine Parliament THE Estates of Parliament presently conveened by his Majesties speciall Authority considering that the Act of Parliament made in Anno 1594. in the 14. Parliament of King James the 6. cap 218. whereby all matters and grievances to be given in to Parliament are appointed to be given to his Majesties Clerk of Register and by him presented to the Estates Hath bred great hurt and prejudice to the liberties and freedome of this Kirke and Kingdome and Subjects thereof in time bygone as is evident by experience of the evils that hath flowed therefrom Therefore the saids Estates for remeed hereof retreats rescinds casses and annuls the foresaid Act of Parliament and declares the same to be null and of none availe force nor effect in all time comming And ordaines and appoints all grievances and other matters that are to be handled and treated of in Parliament hereafter to be given in and presented in open and plaine Parliament in all time comming ACT XXVI FOR SUPPRESSING THE DISTINCTION Of spirituall and temporall Lords of Session THe Estates of Parliament presently conveened by his Majesties speciall Authority casses annulls and rescinds that Article of the first Act of the fifth Parliament holden by King James of fifth of worthy memory Anent the institution of the Colledge of Justice bearing That the Lords of Councell and Session shall be chosen halfe spirituall halfe temporall And decernes and ordaines the whole number to be temporall and none of them spirituall And the foresaid distinction of spirituall and temporall to be supprest and forgotten in all time comming ACT XXVII ACT AGAINST LIESING-MAKERS OF Whatsoever qualitie office place or dignitie THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering the Honour Dignitie and Authoritie of the supreme Court of Parliament over the Councell and Session and all other civill Judicatories of this Kingdome which have their originall their power and antiquitie from the Kings Majestie and the Estates of Parliament is subordinate thereunto and ought to be countable and censurable by them for their abusing of their power to the prejudice of the Countrey For the weale whereof they were established according to the twelfth Act of the second Parliament of King James 4. wherein the Kings Councell was sworn in presence of the three Estates to give his Highnesse a true and effauld Counsell in all matters concerning his Majestie and his Realme And to bee responsall and accusable to the King and his Estates of their Counsell Considering also that during his Majesties absence forth of this Kingdome it is most necessar for the publick peace of this Kingdome and his Majesties honour that all misinformers raisers and entertainers of jealousies suspitions and divisions betwixt the King this Kirke and Kingdome should be severely punished and especially all bad Counsellers who in stead of giving his Majestie a true and effauld Counsell hath given or will give information and counsell to the evident prejudice and ruine of the liberties of this Kirk and Kingdome should bee exemplarly judged and censured by the Kings Majestie and the Estates of Parliament Therefore they renue and revive all Acts of Parliament made against liesing makers raisers and entertainers of jealousies contentions and divisions betwixt the Kings Majestie and this Kirk and Kingdome And declares that no dignitie qualitie place or office whatsoever shall exeeme these or any person whatsoever from the censure of the said Acts. ACT XXVIII ANNVLLING ALL UNLAWFULL AND Unjust Proclamations made under the paine of treason against the disobeyers FOrsomuch as the Estates of Parliament presently conveened by his Majesties speciall authoritie having taken to their consideration that there hath been diverse unjust and unlawfull Proclamations made commanding the obedience of things unjust and unlawfull tending to the overthrow and prejudice of the lawes and liberties of Kirke and Kingdome under the paine of treason As also declaring the disobeyers of these unlawfull and unjust proclamations to be rebels and traitours which is a-against law equity and reason no triall nor declaratour of treason having proceeded against them of before Findes and declares all these proclamations with the pretended Acts and warrands for making and proclaiming thereof to be null and of none availe force nor effect with all that hath followed or may follow thereupon And therefore the saids Estates of Parliament casses and annulls the foresaids pretended proclamations with all the said Acts and warrands whereupon the same proceeded And findes and declares that no person nor persons can be declared traitours but either by the Parliament it selfe and by Act and Sentence thereof or then by the lawfull ordinar Judge after tryall And finding that the saids persons hath contraveened a law and Act of Parliament made under the paine of treason against the disobeyers and contraveenars thereof ACT XXIX EXPLAINING THE PRECEDING ACTS Of Parliament made against Bands and Conventions amongst the Subjects as also declaring the Bands and Conventions made and kept since the beginning of the present troubles to be legall and lawfull TOrsomuch as the Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering that by the twelfth Act of the tenth Parliament of the Kings Majesties umwhile dearest Father of eternall memory All Leagues and Bands amongst the Subjects are discharged and by the 131. Act of the eighth Parliament of the Kings umwhile dearest Father All Councels Conventions or Assemblies without the Kings command or licence are also discharged under the paines ordained by the Acts of
endured patiently and thereby given an evident demonstration to the world of the loyalty of their affections to their Soveraigne which no extremitie shall ever make them to forget And now being prest by the present exigence of the Estate of this Kingdome and bound by the necessity of that naturall duety they owe to themselves and their posterity to provide for the safety of the Common-wealth and their owne and timously to prevent the utter ruine of this Nation which can no longer subsist under so great a burden That time appointed being come to the which the Parliament was prorogate and no advertisement come from his Majestie to them anent any course to bee taken for remeeding of the great disorders they being the great Councell of the Kingdome could not bee altogether so forgetfull of themselves and deficient to their Countrey as to suffer this Parliament which they had so often petitioned from his Majestie which was conditioned and accorded by the saids Articles of Pacification and indicted by his Majesties Authority to bee deserted and expired without any conclusion to the good of the Common-wealth in so great extremity But rather thought themselves bound in conscience and duety to proceed to the determination of such matters as are necessary for the establishing of the peace of this Kirk and Kingdome as being the expresse and speciall ends of all their Supplications and agreeable to the saids Articles of Pacification without trenching any wayes on Soveraignitie or derogating in any sort from his Majesties Royall Authority but on the contrary only looking first upon the constitutions of the generall Assembly past in presence of his Majesties Commissioner and the necessary consequences thereof and then providing remedies for the present evils of the Kingdome by removing the cause and establishing necessary conclusions for preventing the like hereafter In doing whereof as they have proceeded uprightly in the way of Justice and with all due reverence and regard to his Majesties Authority and thereby have stopped the calumnious mouthes of their adversaries so they rest assured that his Majesty after due examination of their proceedings finding the same agreeable to the fundamentall lawes and customes of this his ancient and native Kingdome and no wayes repugnant to Monarchicall government will out of his Royall Justice and goodnesse give his full consent thereunto And thereby totally remove and extinguish all ground and occasion of controversie against his faithfull and loyall Subjects restore this Kingdome to a perfect and sollid peace which they pray the LORD to put in his Majesties Royall Heart that he may long and prosperously reigne over them And on the other part considering from by-gone experience how malicious and diligent their adversaries will be to calumniate these their proceedings and by their suggestions to the Kings Majestie and to the Lieges to kindle and entertaine factions and divisions thereanent and how necessary it is for the safety and peace of this Kirk and Kingdome that the members of both doe unanimously with heart and hand testifie by their subscription their resolution and obligation to acknowledge this Parliament so often desired by their petitions and supplications and conveened by his Majesties solemne indiction according to the Articles of Pacification to be a free lawfull and necessarie Parliament and to obey observe and maintaine the same for themselves constantly and faithfully and to the uttermost of their power to joyne and concurre in their severall stations and callings with others to advance further and assist the execution obedience and observing of the Acts and Constitutions of this present Parliament as the most sit and necessarie remedies of the by-gone and present evils and distractions of this Kirk and Kingdome and for preservation of the Religion laws and liberties thereof and of his Majesties Authoritie and that in the first Parliament which shall be holden hereafter within this Kingdome and at all other occasions against any opposition whatsoever except in so farre as shall hereafter be thought sit and expedient by the common advise and consent of the Estates They have ordained and ordaines the Band under-written to be subscribed by all the Members of Parliament present and absent and by all Noble men Barons Burgesses and all other Subjects and inhabitants of the Kingdome in their Shires and Burghs as they shall be directed by the Commissioners of Parliament left at Edinburgh and to be reported to the Clerk betwixt and the first day of September next with certification that such as refuse or post-pone and delay to subscribe the same shall be holden as Enemies and Opposites to the common Cause consisting in the maintenance of the true reformed Religion and of the laws and liberties of this Kingdome and his Majesties Authoritie WEe Noble-men Barons Burgesses and others under subscribers Considering how necessarie it is to establish our Union in the preservation and maintenance of the Religion Laws and Liberties of this Kingdome and of his Majesties Authority and to prevent all factions contentions and divisions which may arise in prejudice thereof from malicious suggestions and mis-informations of our adversaries doe all and every one of us with our heart and hand testifie and declare our Resolution and Obligation for the reasons and causes at length exprest in the Act of Parliament immediately preceding to acknowledge the foresaid Parliament to have been and to be a free and lawfull Parliament Like as we binde and oblish us and every one of us upon our honours and credit and as we desire to be and to be holden true lovers of our Countrey and of the Religion laws and liberties thereof effauldly and faithfully to the uttermost of our power To joyne and concurre with our persons and estates every one of us according to our severall stations and callings in the maintenance of the freedome and lawfulnesse of the foresaid Parliament and in the advancement furtherance and assistance of the execution obedience and observation of the Acts and Constitutions thereof as the most sit and necessarie remedies of the by-gone and present evils and distractions of this Kirk and Kingdome and for the preservation of Religion laws and liberties thereof and of his Majesties Authoritie and that in the first Parliament which shall be holdeu hereafter within this Kingdome and at all other occasions and against any opposition whatsoever except in so far as shall be hereafter thought sit and expedient by the common advise and consent of the Estates In witnesse whereof we have signed and subscribed these presents with our hands At c. ACT XXXIX DECLARING THE PARLIAMENT Current and continuing the same while the nineteenth of November next THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Continues this present Parliament and all matters and actions belonging thereto while the nineteenth day of November next to come At the which day ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the same to be appointed to
any of the Kingdomes shall rise in arms or make war against any other of the Kingdoms and subjects thereof without consent of the Parliament of that Kingdome whereof they are subjects or upon which they doe depend that they shall be held reputed and demained as traitours to the States whereof they are subjects And that both the Kingdomes in the cases aforesaid bee bound to concurre in the repressing of these that shall happen to arise in Armes or make warre without consent of their owne Parliament And that the way of conveening Forces for suppressing such as levie warre bee as in case of Invasion Provided that this bee not extended to particular quarrells upon the borders And that it bee enacted that in such case It shall be lawfull for any of the subjects to conveene to suppresse such evill affected persons And that each Kingdome shall bee bound by publike faith punctually to performe this Article And if eyther parliament shall denounce warre they shall give three moneths warning That the Peace to be now established may be inviolably observed in all time to come It is agreed that some shall be appointed by his Majestie and the Parliaments of both Kingdomes who in the interim betwixt the sitting of the Parliaments may be carefull that the peace now happily concluded may be continued and who shall endeavour by all means to prevent all trouble and division And if any debate or difference shall happen to arise to the disturbance of the common peace they shall labour to remove or compose them according to their power It being supposed that for all their proceedings of this kinde they shall be answerable to the Kings Majestie and the Parliaments And if any thing shall fall forth which is above their power and cannot bee remedied by them they shall informe themselves in the particulars and represent the same to the Kings Majestie and the ensuing Parliaments that by their wisedome and authoritie all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all Posteritie And it is declared that the power of the Commission shal be restrained to the articles of peace in this treatie Whereas it is desired that an Act may be made in the Parliament of England for ratifying of the Treatie and all the Articles thereof which is likewise to be ratified in the Parliament of Ireland which in all the Articles is comprehended under the name of England and after the Treatie is confirmed in the said English Parliament and all other necessarie conditions performed and Armies on both sides shall at a certain day to be appointed for that effect remove and disband So that when the Scottish Armie shall remove from New-castle the English Armie shall likewise be disbanded and repaire home to their severall Countries and places of their residence and the Irish Army to disband before that time that hereafter a quiet and durable peace may bee kept according to the Articles And that this Treaty and whole proceedings thereof may be likewise ratified in the Parliament of Scotland and a firme Peace established It is desired that his Majestie may bee graciously pleased now to declare That the ensuing Parliament of Scotland shall have full and free power as the nature of a free Parliament of that Kingdome doth of it self import to ratifie and confirm the Treatie and whole Articles thereof and to receive account of all Commissions granted by them examine their proceedings and grant exonerations thereupon And to treat deliberate conclude and enact whatsoever shall be found conducible to the settling of the good and peace of that Kingdome And that his Majesties Commissioners shall be authorized with full power to approve whatsoever Acts and Statutes which upon mature deliberation shall happen to be accorded unto by the Estates in that behalfe and shall sit and continue without interruption or prorogation while all things necessary for that effect be determined enacted and brought to a finall conclusion unlesse for better conveniencie of affairs his Majesties Commissioner with the speciall advice and consent of the Estates shall thinke fit to adjourne the same to any other time which shall no wayes derogate from the full and perfect concluding of the whole premisses before the said Parliament be dissolved This whole Article is assented unto but in so farre as concerns the dayes and circumstances of disbanding to be agreed upon Forasmuch as the severall jurisdictions and administrations of Justice in either Realme may be deluded or frustrated by delinquents for their owne impunity if they shall commit any offence in the one Realme and thereafter remove their persons and make their abode in the other Therefore that no person sentenced by the Parliament of either Nation as Incendiaries betwixt the Nations or betwixt the King and his people shall enjoy any benefit Civill or Ecclesiasticall or have any shelter or protection in any other of his Majesties Dominions Like as where Malefactors and Criminals guilty of the crimes mentioned in the Act of Parliament 1612. Cap. 2. and others of that nature and committed by Scottishmen within the Kingdome of England or Ireland or any part thereof are taken and apprehended in England or Ireland that it shall be lawfull to the Justiciars of England or Ireland to remand them to Scotland as the Act beares And further if any Malefactors committing crimes in Scotland England or Ireland being duly processed in the Kingdome where the crimes are committed and being Fugitives and remayning in any other of the Kingdomes foresaid that the Judges of either Kingdomes shall be holden at the instance and suit of the party offended to take and remand the Criminals and Malefactors to the Kingdomes where the Crimes were committed And the like Act to be made in Scotland and this Act would be extended as well to debts as crimes And what further is requisite concerning this and other particulars for setling of Peace in the middle shires and accelerating Justice upon delinquents both Civill and Criminall Is to bee considered by the Committee to be appointed for that effect It is answered that such persons as shall be Natives in either Kingdome and shall commit any offence in the Realme whereof they shall be Natives and shall afterwards remove their persons into the other and such persons as shall be inhabitants in either Kingdome and shall commit any offence in the Realme where they shall be inhabitants during the time of their habitation there and shall afterwards remove their persons into the other and shall be for that same censured by the Parliament of that Nation where the offence was committed as Incendiaries betwixt the Nations or betwixt the King and his people shall not enjoy any benefit Civill or Ecclesiasticall or have any protection in any other of his Majesties Dominions And that such Scotish Natives incensing the King of England against the Kingdome of Scotland shall be remanded at the desire of the Scottish Parliament into Scotland to abide their
Kingdome made anno 1580. have been indeed the true main causes of all our evils and distractions AND therefore ordain according to the Constitutions of the Generall Assemblies of this Kirk and upon the grounds respective above-specified That the foresaid Service-book books of Canons and Ordination and the High Commission be still rejected That the articles of Pearth be no more practised That Episcopall government the civill places and power of Kirkmen bee holden still as unlawfull in this Kirk That the above-named pretented assemblies at Linlithgow 1606. 1608. at Glasgow 1610. at Aberdene 1616. at S. Andrewes 1617. at Pearth 1618. be hereafter accounted as null and of none effect and that for preservation of Religion and preventing all such evils in time comming Generall Assemblies rightly constitute as the proper and competent Judge of all matters Ecclesiasticall hereafter be keeped yearely and oftner pro re nata as occasion and necessitie shall require The necessitie of these occasionall Assemblies being first remonstrate to His Majestie by humble supplication As also that Kirk Sessions Presbyteries and Synodal Assemblies be constitute and observed according to the Order of this Kirk Which Act with all and sundrie the particular heads clauses and articles therein contained The Estates now conveened by His Majesties indiction warrant and authoritie foresaid Ratifies approves and confirmes in all points in manners as the same proports And gives thereunto the strength of a Law and Act of Parliament and ordaines execution to passe thereupon as effeirs And rescindes casses and annulls all Acts and Decrees of Parliament and Councell formerly made contrair and in prejudice of the said Act or any part thereof ACT V. ACT ANENT THE RATIFICATION Of the Covenant and of the Assemblies supplication Act of Councell and Act of Assemblie concerning the Covenant THE Estates of Parliament presently conveened by his Majesties speciall authoritie considering the supplication of the Generall Assembly at Edinburgh the 12. of August 1639. to his Majesties high Commissioner the Lords of His Majesties Honourable Privie Councell and the Act of the Councell the 30. of August 1639. containing the answer of the said supplication the Act of the said General Assembly ordaining by their Ecclesiasticall constitution the subscription of the Confession of Faith Covenant mentioned in their Supplication And withall having supplicated His Majestie to ratifie and enjoyne the famine by His Royall authoritie under all civill paines as tending to the glorie of God preservation of Religion the Kings Majesties honour and the perfect peace of this Kirk and Kingdome Do ratifie and approve the said supplication Act of Councell and Act of Assembly and conforme thereto Ordaines and commands the said Confession and Covenant to be subscribed by all His Majesties Subjects of what rank and qualitie soever under all civill paines And ordaines the said Supplication Act of Councell and Act of the Assembly with the whole Confession and Covenant it selfe to bee insert and registrate in the Acts and books of Parliament And also ordaines the famine to be presented at the entrie of every Parliament before they proceed to any other Act That the same bee publickly read and sworne by the whole members of Parliament claiming voice therein otherwise the refusers to subscribe and swear the same shall have no place nor voice in Parliament And such like ordaines all Judges Magistrates or other Officers of whatsoever place rank or qualitie and Ministers at their entrie to sweare and subscribe the famine Covenant Whereof and of the said Supplication Act of Councell and Act of the Assembly the tenour followes c. THE SUPPLICATION OF THE GEnerall Assembly conveened at EDINBURGH the 12. of August 1639. to his Majesties high Commissioner and the Lords of his Majesties Honourable Privie Councell WEe the Generall Assembly considering with all humble and thankfull acknowledgment the many recent favours bestowed upon us by His Majestie and that there resteth nothing for crowning of His Majesties incomparable goodnesse towards us but that all the members of this Kirk and Kingdome be joyned in one and the same Confession and Covenant with God with the Kings Majestie and amongst our selves And conceiving the main lett and impediment to this so good a work and so much wished by all to have been the Informations made to his Majestie of our Intentions to shake off civill and duetifull obedience due to Soveraignty and to diminish the Kings greatnes and authoritie and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an Union and for clearing of our loyaltie WEE in our own names and in name of all the rest of the Subjects and Congregations whom we represent do now in all humility represent to your Grace His Majesties Commissioner and the Lords of His Majesties most Honourable Privie Councell and declares before God and the world that we never had nor have any thought of with-drawing our selves from that humble and duetifull obedience to his Majestie and to his goverment which by the descent and under the reigne of 107. Kings is most chearfully acknowledged by us and our predecessours and that we never had nor have any intention nor desire to attempt any thing that may tend to the dishonour of God or the diminution of the Kings greatnesse and authoritie But on the contrary acknowledging our quietnes stabilitie and happines to depend upon the safety of the Kings Majesties Person and maintenance of his greatnes and royall authoritie who is Gods Vice-gerent set over us for the maintenance of Religion and ministration of Justice Wee have solemnly sworn and do sweare not only our mutuall concurrence and assistance for the cause of Religion and to the uttermost of our power with our meanes and lives to stand to the defence of our dread Soveraigne his person and authority in the preservation and defence of the true Religion Liberties and Lawes of this Kirk and Kingdome but also in every cause which may concerne his Majesties honour shall according to the Lawes of this Kingdome and the duties of good Subjects concurre with our friends and followers in quiet manner or in Armes as we shal be required of his Majestie his Councell or any having his authority And therefore being most desirous to cleare our selves of all imputation of this kinde and following the laudable example of our predecessours 1589. do most humbly supplicate your Grace his Majesties Commissioner and the Lords of his Majesties most honourable Privie Councell to injoyn by act of Councell that this Confession and Covenant which as a testimony of our fidelity to GOD and loyaltie to our King wee have subscribed be subscribed by all his Majesties Subjects of what ranke and quality soever THE ACT OF HIS MAJESTIES MOST Honourable Privie Councell at Edinburgh August 30. Anno 1639. containing the answer of the Supplication above-written THe which day in presence of the Lord Commissioner and Lords of Privie Councell
Kirks be changed by the Lawes of the Countrey And it is alwaies declared that this admission standing good for the present intrants their time is and shal be without prejudice to the right of patronage belonging to his Majesty or to any other Kirk-patron whatsoever whensoever their Kirks shall fall to vaike ACT VIII ACT ANENT ADMISSION OF Ministers to Kirks which belonged to Bishopricks THE Estates of Parliament presently conveened by his Majesties speciall authority Considering that the right of patronage and power of presenting of Ministers to divers Kirks within this Realme have been acclaimed and possessed by the sometime pretended Bishops and Archbishops within this Kingdome by vertue of the 2. Act of Parliament 1606. anent the restitution of the estate of Bishops or by some other right or pretence of right to the very great grief and prejudice of this Kirk her just liberty and possession since the Reformation by Superintendents and the Commissioners of the Kirk before the erection of Presbyteries And since by Presbyteries themselves who have been respective in possession for providing and planting of all Kirks within this Kingdome belonging to the Bishopricks And that even since their annexation 1587. upon the sute and calling of the Congregations and Paroches where the Ministers were to serve in the function of the Ministerie which is most evident by the 7. act of the 1. Parliament of our dearest father in the yeare 1567. and by the assignation to Ministers of stipends out of the thirds of benefices and letters of horning constantly used to bee direct by deliverance of the Lords of Session upon the provisions and admissions of Ministers to the saids stipends out of the thirds of benefices by Superintendents Commissioners of the Kirk and Presbyteries respectivè without any presentation at all both before and since the act of annexation 1587. whereby the Ministers so provided and admitted did brook and enjoy the fruits and rents assigned and their stipends during their life time and many of them yet living doe still brook and enjoy the same And suchlike the foresaid priviledge and the right of the Kirk is evident by divers Acts of her Generall Assemblies made thereanent and by her frequent grievances against the usurpation of Prelats and others upon her said right and possession and especially by her protestation against the foresaid two Acts of Parliament of King Iames the 6. his Majesties Umwhile dearest father holden in the yeare 1606. whereby the Prelats pretended right of patronages and advocations of Kirks and defrauded the Kirk thereof And now seeing the said Act of that Parliament in the yeare 1606. is rescinded cassed and annulled in this present Parliament and it is most reasonable that the Kirk be restored now after the abolition of the Estate of Bishops to the wonted rights priviledges and liberties which she had and was in possession of before the restitution of Bishops Therefore the saids Estates of Parliament conveened as said is decernes statutes and ordaines that according to the said 7. Act of the first Parliament of the Kings Majesties Umwhile dearest father the full power of providing of all Ministers to Kirks which the saids pretended Bishops have been in use to provide since the said Act of their restitution 1606. shall hereafter belong and appertaine to the Kirk and that in all time coming Presbyteries who are now in place of Superintendents and Commissioners of the Kirk within their severall jurisdictions shall provide and admit Ministers to all these vacand Kirks which before were acclaimed by the foresaids Bishops by the said Act of restitution 1606. to the fruits and stipends thereof but prejudice alwayes to any patronages of Kirks which belong either to the Kings Majesty or to any Laick patron or to any Nobleman Baron or Burgesse right and possession before these late troubles and but prejudice of the interest of the paroches according to the Acts and practise of the Kirk since the Reformation And declares that the said provision and admission with collation and institution following thereupon shall be a sufficient right and title for the Intrant to possesse and enjoy the whole fruits rents and stipends whatsoever belonging to the Kirk and to the Ministers serving the cure thereat And ordaines the Lords of Session and all other Judges competent to give out decreets and sentences letters conforme horning and inhibition and all other executorialls upon the said provision and admission of Ministers by Presbyteries collation and institution following thereupon suchlike as they are in use to doe upon collation and institution following upon presentations from lawfull patrons ACT IX ACT DISCHARGING THE GOING OF Salt-pans and Mylnes upon the Sabbath day FOrsamekle as the Estates of Parliament presently conveened by His Majesties speciall authority Considering that GODS publick worship upon the Sabbath day is hindered and the Sabbath day prophaned by the going of Mylnes and Salt-pans upon the Sunday For remeed hereof the Estates of Parliament presently conveened by his Majesties speciall authority discharges and prohibites all Salt-pans and Mylnes within this Kingdom from all going grinding making of Salt or any wayes working upon the Sunday in any time hereafter And ordaines the Salters Millers and other servants in the saids Mylnes and Salt-pans to attend GODS publick worship every Sunday hereafter under the paines and censures contained in the Acts of the Assembly or other kirk-Kirk-Acts set down hereanent To the which Acts the saids Estates of Parliament interpones the civil sanction and authority of Parliament for the better execution thereof ACT X. ACT DISCHARGING SALMOND-fishing on Sunday THe Estates of Parliament presently conveened by his Majesties speciall authority Considering the great abuse and prophanation of the Sabbath day occasioned by the fishing of Salmond upon that day whereby many people are with-holden from divine exercise are imployed in the ordinary works of their calling or other wayes have opportunity to mis-spend their time in unlawfull actions contrary to the Law of GOD and Acts of this reformed Kirk Therefore for remeed thereof in all time comming inhibites and discharges all manner of Salmond-fishing upon the Sabbath day under the paine to the contraveeners to be punished as breakers of the Sabbath day by the confiscation of the nets and fish to the behoofe of the poore ACT XI ACT AGAINST PAPISTS THE Estates of Parliament now presently conveened by his Majesties speciall authority ratifies and approves all and whatsoever acts and statutes of Parliament Convention or Secret Councell made against Papists against sayers and hearers of Masse and against Jesuits Seminary Priests and against excommunicate persons for papistry or for resetting of Jesuits and excommunicate Papists and against the resetters of the foresaids persons or any of them in the whole heads and articles thereof And specially but prejudice of the generality foresaid ratifies and approves the Act of Parliament made by his Majesties Father of blessed memory Parl. 13. cap. 164. and Parl. 14. cap. 193.194 and the Act
kept and holden in their saids Burghs upon the dayes hereby appointed and that no markets bee kept upon the Mundayes for the goods hereby discharged in time coming And last the saids Estates of Parliament discharges and prohibits all markets and trysts to be kept hereafter upon Sunday throughout all this kingdome and discharges all the Lieges from all keeping thereof upon Sunday hereafter and ordaines this Act to stand in full force as a law while the next assembly that the inconveniences redounding hereby to the Lieges being represented to that Assembly the Assembly may consider thereof and as they finde the same sufficient they may supplicate the next ensuing Parliament to rescind this Act in whole or in part as after triall it shall be found hurtful to the Lieges ACT XIV ACT FOR TAKING ORDER WITH THE Abuses committed on the Sunday by the confluence of people for hyring of shearers on Sunday FOrsamekle as the prophanation of the Sunday is greatly occasioned in the time of harvest by the great confluence of people to publick places as ports or streets of townes and paroch Kirkes of Landward everie Sunday from morning to preaching time for hyring shearers the week following whereof there ariseth also sundry tumults disorders swearing drinking and often fighting on the Sabbath day For remeed hereof the Estates of Parliament presently conveened by his Majesties special authority refers and remits the samine to be taken order with to the Justices of peace and Kirk Sessions where the abuse shall be committed hereafter by the coufluence of the said people and hyring of the saids shearers upon the Sunday as said is as the saids Justices of peace and Kirk Sessions shall find the saids abuses then to be committed to deserve ACT XV. FOR DIRECTING LETTERS OF HORNING And Caption by the Lords of Session against the excommunicate Prelates and all other excommunicate persons THe Estates of Parliament conveened by his Majesties speciall authoritie Considering the necessitie of reviving and putting in execution the 53. Act of the third Parliament of King Iames the sixth Anent Letters of horning and caption to follow upon excommunication of the Kirk after fourtie daies Renews and revives the said Act of Parliament and ordaines the Lords of Session to grant Letters and other Executorials against the excommunicate Prelates and all other excommunicate persons ACT XVI ANENT THE LARGE DECLARATION Or MANIFESTO THe Estates of Parliament conveened by his Majesties speciall Authoritie Considering that the supplication of the late generall Assembly to his Majesties Commissioner against a book called A large Declaration as followeth was presented unto Us by the Commissioners of the Kirk and recommended to his Majesties Commissioner for obtaining from his Majesties Justice and Goodnesse the desire thereof And as the said Book was examined by the appointment of the Assembly and found to be dishonourable to God and his true Religion to this Kirk and Kingdome to the Kings Majesty and to the Marques of Hammiltoun then his Majesties Commissioner and divers others persons therein and to be full of lies in averring known untruths in wilfull concealing and perverting many truths in wresting of intentions words and actions as is particularly contained in the censure of the book registrate in the Registers of Assembly So they having re-examined the same declares their judgement to be the same there-anent And therefore ordaines the Authours and Spreaders thereof to bee most severely punished according to the Lawes of this Kingdome against liesing-makers betwixt the Kings Majesty and his Subjects slanderers of the King and Kingdome and raisers of sedition and discord betwixt them that all others may be deterred from such dangerous courses Gods honour may be vindicate the innocencie of this Kirk and Kingdome and his Majesties Justice and goodnesse may appeare not onely in censuring such Malefactors but in discouraging all such underminers of his Majesties Throne and abusers of his Royall Name by prefixing the same to such scandalous and dishonourable Treatises ACT XVII STATUTARIE APPOINTING PARLIAments to be holden once every three yeare THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering that by reason of his Majesties ordinary residence forth of this his ancient and native Kingdome the grievances and complaints of his good Subjects cannot have so free and easie accesse to his Majesties eares as the same may be conveniently represented to his Majesties Commissioners and the Estates of Parliament from time to time and how necessary it is that frequent Parliaments be keeped within this Kingdome for preservation of the puritie of the true Religion now by Gods providence established within the same and for the equall and impartiall administration of Justice to all his Majesties Subjects and maintaining of peace and concord amongst them by applying of the true and lawfull remedies to their grievances and complaints and timous suppressing of all abuses and corruptions which otherwayes from small beginnings will grow to great disorders which frequent Parliaments were continually observed in this Kingdome before his Majesties Father of happie memorie went into England Have statute and ordained that every three yeare once at least a full and free Parliament shall be holden and oftner as his Majestie shall be pleased to call them within the bounds of this Kingdome in the most commodious place and convenient time to be thought upon appointed and affixed by his Majestie or his Commissioner for the time and the Estates of Parliament before the ending and closing of every Parliament and to be the last Act thereof And the whole Estates wisheth that as it was their happinesse to have his Majesties presence at all Parliaments while the King had his residence in this Kingdome so that his Majestie would be pleased to be present at each Parliament and they humbly supplicate his Majestie for that effect ACT XVIII ANENT THE KEEPERS OF THE CASTLES Of Edinburgh Striveling and Dumbartane THe Estates of Parliament presently conveened by his Majesties speciall Authority Considering that the commandement of the Castle of Edinburgh wherein the most part of the publike Registers and Records and the Honours of the Kingdome are keeped and siclike the commandement of the Castle of Striviling and Dumbartane being a charge of great weight and importance concerning as well the Kings Majesties honour and safetie as the securitie and safetie of this whole Kingdome ought not to be committed but to such persons as are knowne and approved by the whole course of their life to be true and faithfull Subjects to his Majesty and trustie and well affected Countrey-men loving and tendering the peace prosperitie and good of this whole Kingdome and the preservation and advancement of the true reformed Religion now therein by Gods providence established and professed and intertaining of Unitie betwixt the King and his good Subjects Have therefore statute and ordained and hereby statutes and ordains that the custody and keeping of the saids Castles shall be only intrusted to such persons as are natives
borne and bred within this Kingdome known and esteemed to be of the qualitie foresaid without exception and who before their entrie and admission to whatsoever charge place or service within the said Castles or any of them either as Captaines Constables Commanders Souldiers or Servants within the same shall be bound and oblisht by a solemne oath to be given and made by them and every one of them to make faith that they shall faithfully employ whatsoever power charge or service committed or that shall be committed to them within the saids Castles or any of them so far as they can or in them lyes to the Kings Majesties honour and safetie to the peace safetie good and prosperitie of this Kingdome and common-wealth and to the preservation and advancement of the true reformed Religion therein presently established and professed as they will answere to God Like as incase it shall happen any of the persons foresaids to doe or attempt any thing contrarie to the premisses or any part thereof It is statute and declared that they shall be punished with all rigour as Traitours and common enemies to the King and Countrey And farther That the Captaines and Commanders of the saids Castles shall be chosen by his Majestie from time to time by advice of the Estates of Parliament and that such as shall happen to be placed therein betwixt Parliaments shall be first tryed and found by his Majesties Councell to be of the qualitie above-exprest and shall have the charge thereof only to the next ensuing Parliament by the which they shall of new be tryed and allowed or otherwise his Majestie shall place others therein by the advice of the Estates as said is Alwayes without prejudice of the Earle of Mar his heritable right of the keeping of the Castle of Striviling ACT XIX ANENT PRODUCTION OF THE REGIsters and Records of Parliament to the first Session of each Parliament THe Estates of Parliament now presently conveened by his Majesties speciall Authoritie Considering that for the better clearing and resolving of all doubts and difficulties which may arise in Parliaments anent such matters as shall be brought in before them It is very necessar that they have inspection of the Books Registers and Records of Parliaments as they shall have occasion to make use thereof Have statute and ordained that in all times comming the Clerke of Register and his Deputes and such others who for the time shall happen to have the charge keeping or power of any of the saids Registers or Records shall be holden to exhibite and produce the same as they shall be required by the Estates in time of Parliament that they may have the use and inspection thereof upon all occasions as they shall thinke expedient for clearing of whatsoever difficulties And siclike that the Clerk of Register or some having power from him and intrusted with the keeping of the Registers shall be present at all times and shall be ready to give extracts to the Lieges in their particular affaires upon their reasonable charges and expenses and both these under the paine of deprivation of the party contraveening any of the saids members of the Acts or to be otherwayes more mildely or severely punished as the Parliament shall finde the fault to demerit ACT XX. DISCHARGING ALL PROXIES TO BE Admitted in Parliament and that no forraine Noble-man shall have place and voice in Parliament unlesse they have ten thousand merkes of land rent within the Kingdome THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering how farre the dignity honour and authoritie of the high and supreme Court of Parliament which is the great Councel of this Kingdom hath been and is yet likely to be farther diminished weakened by two reasons one is the giving of power of voicing and reasoning to Proxies and Procurators in absence of such as are al 's much tyed to give their personall judgement as their personall presence and hath all these honours riding sitting reasoning and voicing in Parliament only onferred on them and their Successours personally so that it is as absurd that they should give power to any to reason or voice for them as to give any power to ride and to sit in their place of honour and dignitie And it might tend to the weakning and utter overthrow of Parliaments For thus the absence of the most part of the best qualified and experienced might be supplied by Proxies granted to a few and of lesse abilities The other is the granting to strangers having titles of honour conferred on them without any other interest in this Kingdome power of sitting riding reasoning consulting and voicing in this Court of Parliament whereas none should be members of this Court but such as have enterest by Birth Bloud or Inheritance within this Kingdom and so may be sensible of the prejudice or advantage following the lawes and constitutions thereof Therefore the saids Estates statutes ordains that hereafter all Noblemen viz. Dukes Marquesses Earles Vicounts and Lords shall give their personal presence in all Parliaments so being personally present reason and advise voice and no wayes by proxies or procurators but dischargeth any such procurator and commissions in all time comming and that no persons shal hereafter have any place or voice in Parliament as said is but such Noblemen before specified and Commissioners from Shyres and Burrows as have enterest either by Birth Bloud or by Inheritance within this Kingdome and that proportional to the honor and dignity they carry which in the least proportion for every Nobleman must be ten thousand marks by yeare of land rent And that notwithstanding any gifts or patents granted or to be granted to any person whatsoever Such-like the estates foresaid casses and annulls all acts and constitutions any wayes derogatory to this present Act or any part thereof ACT XXI ACT DISCHARGING THE GRANTING Of Protections by the Lords of Councell and Exchequer FOrsameekle as the Estates of Parliament presently conveened by his Majesties speciall Authoritie Considering the great prejudice and hurt sustained by his Majesties Highnesse lieges by the frequent granting of Protections and Supersederes and remembring herewithall that his Highnesse Umwhile dearest Father of worthie memorie by the 47. Act of his eleventh Parliament anno 1587. intituled All Supersederes as contrair to the furtherance of justice are forbidden Of the which Act the tenour followeth Forsameekle as our Soveraign Lord and the Estates of this present Parliament understanding great contempt to be done to his Highnesse Lawes and great hurt to his lieges by passing of Licences and Supersederes which daily uses to be granted to such as either by themselves or other friends have credit of his Majesty they being at his Highnes Horne either for causes of Treason or not satisfying of their debts to their creditours for not obtempering decreets and charges Therefore our Soveraigne Lord with advice foresaid statutes and ordaines that no such Licences and Supersederes be granted
for the Kirk and the summe of five hundreth markes to be payed yearly to the said Master Archbald Johnstoun as present Clerk to the generall Assemblies of the Kirk for the Fee and Pension of that office and to his Successours chosen and appointed by the Assembly in that place for the discharge thereof and service thereintill And the summe of other five hundreth markes of Fee and Pension yearly to bee payed to Master Robert Dalgleish present Agent for the Kirk and to his Successours chosen and appointed by the Assembly in that charge And in respect that the Advocate Clerk and Agent for the Kirk must have their continuall residence at Edinburgh for attending the affairs of the Kirk and that the saids Fees and Pensions ought to bee payed out of the Bishops rents and that the saids officers should be payed thereof out of the nearest and most commodious rents belonging to the saids Bishopricks Therefore the saids Estates ordaines the saids fees and pensions to be payed to the saids present officers and to their successours respective in that charge out of the readiest of the few duties and out of the quotes of Testaments of the diocesse of S. Andrews Glasgow and Edibburgh according to the proportion and division to be determinate and set down by the Committee from this present Parliament appointed to remaine at Edinburgh and ordaines the foresaids fees to be payed conforme to that division by the heritors fewars fermorers and others adebted in payment of the few duties of the saids three Bishopricks and by the collectors and intrometters with the saids quotes of Testaments And also ordaines the Lords of Session to direct letters on this present Act and upon the determination and division of the said Committee at the instance of the Advocate Clerk and Agent for the Kirk present and to come for payment to them yearly of their saids fees and pensions above-specified And because that the present Procurator Clerk and Agent have been serving the Kirk in these places these two yeares by-gone without receiving their fees otherwayes due to them and that the rents of the saids two yeares are yet untaken up by the pretended Bishops of Edinburgh Glasgow and S. Andrews but are restand in the tenants and collectors hands Therefore they ordaine their entrie of payment to be to the crop and yeare of God 1638. yeares ACT XXXVIII ORDAINING THE WHOLE SUBJECTS And Lieges of this Kingdome to obey maintaine and defend the Conclusions Acts and Constitutions of this present session of Parliament and to subscribe the band appointed for that effect IN the Parliament holden at Edinburgh the eleventh day of June 1640. yeares the Estates of Parliament presently conveened by his Majesties speciall authority Considering that whereas after many petitions and supplications given in and presented to his Majestie and the Lords of his secret councell by divers of the Nobility Barons and Burgesses of this Kingdome for granting a free Generall Assembly and Parliament for reforming of many great abuses and novations tending to the overthrow of the true reformed Religion and undoing of this Kirk and Kingdome devised and brought in by the late pretended Bishops who by their subtle practises during his Majesties absence these many yeares had ingrost in their persons all the Ecclesiastick and civill Power of this his Majesties ancient and native Kingdome It was granted by his Majestie out of his Royall Justice and accorded by the Articles of Pacification made at his Majesties camp in the moneth of June 1639. yeares last by-past that a free generall Assembly and Parliament should be indicted by his Majestie and that all matters Ecclesiasticall should be determined by the Assemblies of the Kirk and matters civill by Parliaments and other inferiour Judicatories established by Law And that according thereunto his Majestie did indict an Assembly to be holden at Edinburgh the twelfth of August and a Parliament for ratifying the Conclusions of the same assembly and setting down such other things as might conduce to the peace and good of the Kingdome To be holden at Edinburgh the twenty sixth of August last by-past In the which assembly the matters concerning the puritie of the true reformed Religion and peace of this Kirk after great debate delayes and protracting of time made by John Earle of Traquaire his Majesties Commissioner being at length concluded upon the _____ day of August 1639. yeares the Parliament sitting down immediately thereafter upon the penult day of the said moneth of August the ratifications of the Conclusions of the same assembly and many other matters of great importance conducing necessarily to the setling of the peace of this Kingdome being proponed in Parliament were likewise shifted and delayed and the closing of the Parliament protracted from time to time unto the _____ day of November last by-past At the which time the said John Earle of Traquaire did take upon him without the consent of the Estates to prorogate the foresaid Parliament to the second day of June instant not only contrary to the Articles of Pacification but also to the prejudice of the Liberties of the Parliament for preservation whereof the saids Estates were forced to make a declaration in Parliament against the same And that albeit since the said _____ day of November unto this time the saids Estates have used all possible meanes to give his Majesty full satisfaction both by their peaceable carriage at home and by sending their Commissioners to acquaint his Majestie with all their just desires and the reasons thereof yet they have not onely received no answer but upon the contrary their proceeding in the said Parliament being untruly related by the said John Earle of Traquaire have been condemned as Rebellious without hearing And our Commissioners sent for clearing thereof all restrained in private houses for a long time and John Lord Lowdoun being one of them committed to the Tower where he is still detained prisoner The Castles of Edinburgh and Dumbartane have in the meane time beene fortified and provided with all sort of Ammunition in great abundance and Garisons of Souldiers not being natives of this Kingdome put therein the Garison in the Castle of Edinburgh dayly killing diverse of the inhabitants of this Citie and spoyling their houses with musquets and great Ordnance all ships belonging to this Kingdome arrested in England and Ireland and many of them coming from other places layed waite for and taken by the way their owners and passengers spoyled of their goods and apparell layed in the yrons and barbarously abused A Commission granted to the Generall of the English forces by sea and land to kill destroy and subdue this whole nation a printed Declaration put forth denouncing war against it perswading exhorting and provoking the other two Kingdomes to grant subsidies and take Armes against the inhabitants of this Kingdome as traitours and rebells And the Parliament of Ireland hath proceeded so farre as to declare them to bee such All which they have hitherto
be holden for the time And in the meane time declares the same Parliament to be current to the day foresaid And ordaines the whole Acts and Statutes concluded in this present Session of the said Parliament to stand and have the force and strength of Laws such like as any Acts and Statutes of any preceding Parliaments in any time by-gone And ordaines the same to be published and printed notwithstanding of the continuation thereof to the day foresaid ACTS DONE AND PAST AT EDINBURGH NOVEMBER The nineteenth 1640. ACT ANENT THE ELECTION OF Robert Lord Burghly to be Preses of this meeting of Estates in Parliament THE Estates of Parliament presently conveened by his Majesties speciall authoritie this nineteenth day of November 1640. years To the which day the Parliament was continued by the last Act of the last Session thereof the 11. of June 1640. did unanimously elect and choose Robert Lord Burghly to be President of this their meeting of Estates in Parliament ACT I. ACT ANENT THE CONTINUATION Of the Parliament to the 14. of Januarie 1641. years with continuation of daies THE Estates of Parliament presently conveened by his Majesties speciall authoritie yet as of before continues this present Parliament and all summonds and actions intended or depending with all other matters belonging to the said Parliament to the fourteenth day of Januarie next to come with continuation of dayes At the which day or sooner as the Committee of Estates and Quorums thereof both in the Countrie and at the Armie shall appoint Ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the famine to be appointed to be holden for the time And in the mean time declares the said Parliament to be current to the day foresaid And ordaines the whole acts and statutes made and concluded in plain Parliament in the last session thereof in June last by-past to stand and have the force and strength of laws and acts conforme to the tenours thereof such like as any acts and statutes of any preceding parliaments in any time by-gone And namely but prejudice of the generalitie foresaid the act of Committee of the Estates to stand in full force ay and while it be discharged by the Estates And ordaines the foresaid acts with the act of election of the said Robert Lord Burghly to be Preses at this meeting of Estates together with this present act of continuation to be published and printed conforme to the last act of continuation bearing date the eleventh of June last notwithstanding of this present continuation of the Parliament to the day above-written ACTS DONE AND PAST AT EDINBURGH Januarie 14. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be Preses of this meeting of Estates in Parliament THE Estates of Parliament presently conveened by his Majesties speciall authoritie this fourteenth day of Januarie 1641. years To the which day the Parliament was continued by the last act of continuation thereof dated the 19. of November 1640. years did unanimously elect and choose Robert Lord Burghly to be President of this their meeting of Estates in Parliament ACT II. ACT ANENT THE CONTINUATION Of the Parliament to the 13. day of April 1641. years with continuation of daies THE Estates of Parliament presently conveened by his Majesties speciall authoritie yet as of before continues this present Parliament and all summonds and actions intended or depending with all supplications grievances and other matters belonging to the said Parliament to the thirteenth day of April next to come with continuation of dayes And that for satisfaction of his Majesties gracious desire signified by his Majesties letter directed to the Estates to that effect bearing date the last of December 1640. And also for sundry grave and weighty considerations concerning the weal of the Estate Kirk and Kingdome known to the Estates At the which 13. day of April ordains the whole Estates to be present and to attend at Edinburgh or where it shall happen the famine to be holden for the time But prejudice alwaies of the power granted to the Cōmittees of Estate contained in the Act of this present Parliament made thereanent dated the 11. day of June last and mentioned in the last Act of continuation thereof bearing date the 19. of November 1640. And in the mean time the Estates declares the said Parliament to be current to the effect above-written unto the day foresaid with continuation of dayes and ordaines the whole Acts and Statutes made and concluded in plaine Parliament in that Session thereof in June last by-past together with all former Acts of continuation made by the said Estates to stand and have the force and strength of Laws and Acts conform to the tenours thereof such like as any Acts and Statutes of any preceding Parliaments in any time by-gone And namely but prejudice of the generalitie foresaid the Act of Committee of the Estates to stand in full force in all the clauses thereof aye and while it be discharged by the Estates And ordaines the foresaids Acts with the Act of Election of Robert Lord Burghlie to be preses at this meeting of Estates together with this present Act of continuation to be published and printed conforme to the last Act of continuation of the date foresaid notwithstanding of this present continuation of the Parliament to the day above-written ACTS DONE AND PAST AT EDINBURGH Aprill 13. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be President of this meeting of Estates in Parliament THe Estates of Parliament presently conveened by his Majesties speciall Authority this 13. day of April 1641. years To the which day the Parliament was continued by the last act of continuation thereof of the date the 14. day of January 1641. yeares Did unanimously elect and chuse Robert Lord Burghly to be President of this their meeting of Estates in Parliament ACT III. ACT ANENT THE CONTINUATION OF The Parliament to the 25. day of May 1641. yeares with continuation of dayes THe Estates of Parliament presently conveened by his Majesties speciall authoritie yet as of before continues this present Parliament and all summonds and actions intended or depending with all supplications grievances and other matters belonging to the foresaid Parliament to the twenty fifth day of May next to come with continuation of dayes And that for satisfaction of his Majesties gratious desire signified by his Majesties letter direct to the Estates to that effect bearing date 23. March 1641. And also for sundry grave and weighty considerations concerning the weal of the Estate Kirk and Kingdome known to the Estates At the which twenty fifth day of May next to come ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the famine to be holden for the time But prejudice alwayes of the power granted to the Committees of Estate contained in the Act of this present Parliament made thereanent dated the eleventh day of June last and mentioned in
the two last Acts of continuation thereof the one bearing date the 19. of November 1640. and the other bearing date the 14. of January last by-past 1641. And in the mean time the Estates declares the said Parliament to be current to the effect above-written unto the day foresaid with continuation of dayes and ordaines the whole Acts and Statutes made and concluded in plaine Parliament in that Session thereof in June last by-past together with all former Acts of continuation made by the said Estates to stand and have the force and strength of Laws and Acts conform to the tenours thereof such like as any Acts and Statutes of any preceding Parliaments in any time by-gone And namely but prejudice of the generalitie foresaid the Act of the Committee of Estates to stand in full force in all the clauses thereof aye and while it be discharged by the Estates And ordaines the foresaids Acts with the Act of Election of Robert Lord Burghlie to be preses at this meeting of Estates together with this present Act of continuation to be published and printed conforme to the last Act of continuation of the date foresaid notwithstanding of this present continuation of the Parliament to the day above-written ACTS DONE AND PAST AT EDINBURGH May 25. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be President of this meeting of Estates in Parliament THe Estates of Parliament presently conveened by his Majesties speciall Authority this 25. day of May 1641. yeares to the which day the Parliament was continued by the last act of continuation thereof of the date the 13. day of April 1641. yeares foresaid Did unanimously with one uniforme consent elect and chuse Robert Lord Burghly to be President of this their meeting of Estates in Parliament ACT IIII. ACT ANENT THE CONTINUATION Of the Parliament to the 15. day of July 1641. yeares with continuation of dayes THE Estates of Parliament presently conveened by his Majesties speciall authority yet as of before continues this present Parliament and all summonds and actions intended or depending with all supplications grievances and other matters belonging to the said Parliament against all parties cited or desired to be sent home to Scotland as Incendiaries or cited for other crimes or causes and the former citations and continuations thereof and this present continuation to continue in the same force strength and effect as they were at the severall daies of compearances respectivè whereunto they were cited and as if they had been called or were now called per expressum upon the saids severall daies whereunto they were cited respective as said is or upon the severall daies of continuation whereunto this Parliament was continued from time to time notwithstanding of the not calling of them publikely in judgment at none of the saids dayes which was no wayes necessary to have beene done nor to be done before insisting against them in respect that they were both cited to severall daies of compearance with continuation of dayes that the Parliament was continued from time to time to certaine other daies also with continuation of dayes to the fifteenth day of July next to come with continuation of dayes and that for satisfying his Majesties gracious desire signified by his Majesties letter direct to the Estates for that effect beating date the 18. of May 1641. yeares And also for sundry grave and weighty considerations concerning the weal of the Estate Kirk and Kingdom known to the Estates But prejudice alwaies to the Estates of Parliament of their undoubted libertie to sit without prorogation except they consent to a prorogation and that by reason that all Acts of prorogation of Parliament are Acts of Parliament and no Acts of Parliament can be made without consent of the Estates conveened and sitting in plaine Parliament AT the which fifteenth day of July next to come ordaines the whole Estates to be present and to attend at Edinburgh or where it shall happen the famine to be holden for the time And such like ordaines his Majesties Advocate and Procutors of Estate all and every one of them to compeare and attend and to insist as they shall be commanded by the Estates against whatsoever persons indited or to be indited And discharges the said Advocate and Procutors every one of them to consult with or take upon hand directly or indirectly to defend any who shall seek their advise for pleading or maintaining them in any sort against any pursuit moved or to be moved against them in Parliament for any crime against the publick or to give any information for that effect And that because it is incumbent to the Kings Majesties Advocate and Procutors of Estate to pursue all who happens from time to time to be cited to the Parliament for any offence against the publike and no wayes to take their Patrocinie but prejudice likewise of the power granted to the Cornmittees of Estate contained in the Act of this present Parliament made thereanent dated the 11 of June last and mentioned in the three last Acts of continuation thereof The first dated the 19. November 1640. the second the 14. of January 1641. and the third dated the 13. of Aprill the same year 1641. yeeres And in the mean time the Estates declares the said Parliament to be current to the effect above-written unto the day foresaid with continuation of dayes and ordaines the whole Acts and Statutes made and concluded in plain Parliament in that session thereof in June last by-past together with all the former Acts of continuation made by the saids Estates to stand and have the force and strength of Lawes and Acts conforme to the tenours thereof such like as any Acts and statutes of any preceding Parliaments in any time by-gone And namely but prejudice of the generality foresaid the act of the Committee of Estates to stand in full force in all the clauses thereof ay and while it be discharged by the Estates and ordaines the foresaids Acts with the Act of election of Robert Lord Burghlie to be preses of this meeting of Estates together with this present Act of continuation to be published and printed conform to the last act of continuation of the date foresaid notwithstanding of this present continuation of the Parliament to the day above-written ACTS DONE AND PAST IN THE LAST SESSION OF THE SECOND PARLIAMENT OF OUR SOVERAIGN LORD c. Beginning the 15. day of June 1641. and ending the 17. of November the same year according to the severall dates respective after specified prefixed thereto ACT V. ANENT THE OATH TO BE GIVEN BY Every member of Parliament August 18. 1641. FORSOMUCH as the honour greatnesse and happinesse of the Kings Royall Majestie and the welfare of the Subjects depend on the puritie of Religion as it is now established in this Kingdome the laws liberties and peace thereof which ought to be sought after by all good Christians loyall Subjects and true Patriots And to be furthered and maintained by
Commission to John Earle of Rothes Lord Lesley c. Charles Earle of Dumfermling Lord Urquhart and Fuby c. John Lord Londoun Sir Patrick Hepburne of Wachtoun Sir William Douglas of Cavers William Drummond of Riccarton John Smith of Edinburgh Mr. Alexander Wedderburne of Dundy and Hugh Kennedy of Air as members of the Estates of Parliament And because many things may occurre concerning the Church and Assemblies thereof Therefore besides these of the Estates we nominate and appoint Mr. Alexander Hendersone and Mr. Archibald Johnstoun whom we adjoyne for that effect With power to them or any seven of them there being alwayes two of every Estate to passe to the said City of London and there or at any other place convenient mutually to be agreed upon to meet and conveen with any who shall be appointed by his Majesty and Estates of Parliament of England for the foresaid Treaty giving granting and committing like as we by these presents give grant and commit to them in manner foresaid full power warrant and commission to treat consult advise determine and agree as well anent the satisfying and granting of our Demands as in obtaining and securing a setled peace for all time comming conforme to the instructions given to them herewith or which shall be sent to them hereafter by us or any one of the said Quorums at the Campe of Edinburgh thereanent With power to them as said is to do everything which may conduce for the better and easier obtaining of our said demands and establishing a setled peace conforme to the said particular instructions in such like manner as we might do if we were all personally present our selves in full number promising to hold firme and stable all and every thing our said Commissioners in manner foresaid shall do in the Premisses conforme to the said instructions And in case it shall be found expedient or necessary to adde any more Commissioners to the foresaid persons these who shall so be sent authorized under our hands or the full number of any of the said Quorums shall have a like power and Commission by vertue of these presents with the fore-named Commissioners in such like manner as if their names were particularly exprest herein In witnesse whereof these presents are subscribed at Newcastle and Edinburgh the last of October and 4. of November 1640. SIC SUBSCRIBITUR Rothes Montrose Cassils Lothian Lyndesay Balmerino Naper Burghly Jo. Cooper Thomas Hope Ricccarton Caprinton Gaitgirth Dundas Edward Edgar Rich. Maxwell James Scot. Gorterfield Hume Hammilton Mr. Will. More Ja. Sword Hew Kennedy Rutherfoord And forasmuch as by vertue of the said Commissions the Commissioners therein authorised have treated and by the assistance and blessing of God have agreed upon the heads and articles following ARTICLES OF THE LARGE TREATY concerning the establishing of the peace betwixt the Kings Majestie and his people of Scotland and betwixt the two Kingdomes agreed upon by the Scottish and English Commissioners at the City of Westminster the seventh day of August 1641. THe SCOTTISH COMMISSIONERS having given in the Declaration following viz. WEE doe still in all Loyalty as becomes humble and duetifull Subjects acknowledge our dependency upon his Majesty as our dread Soveraign whether his Majesty live in Scotland or England and shall alwayes and in all things witnesse our high respects and best affections to the Kingdome and Parliament of England according to the strong bonds of nature and religion by which the two Kingdomes are joyned under one Head and Monarch yet as wee are fully assured that the Kingdome and Parliament of England is for the present farre from any thought of usurpation over the Kingdome and Parliament of Scotland or their Lawes and Liberties so for the preventing the misunderstanding of the Posterity and of Strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of our proceedings which may arise upon our comming into England and our treating in time of Parliament We doe by these declare and make known that neither by our Treaty with the English nor by seeking our peace to bee established in Parliament nor any other actions of ours doe wee acknowledge any dependency upon them or make them Judges to us or our Lawes or any thing that may import the smallest prejudice to our Liberties but that wee come in a free and brotherly way by our informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyne our endeavours in what may conduce for the good and peace of both Kingdomes no otherwise then if by occasion of the King his residence in Scotland Commissioners in the like exigence should be sent thither from England DID DEMAND that his Majesty would bee graciously pleased to command that the Acts of the late Parliament may bee published in his Highnesse name as our Soveraign Lord with consent of the Estates of Parliament conveened by his Majesties authority WHEREUNTO it is answered and agreed That for as much as the Kings Majesty at the humble desire of his Subjects did call and conveen a Parliament to be holden at Edinburgh the 2. of June 1640. wherein certain Acts were made and agreed upon which Acts his Majestie for the peace and good of his Kingdome is pleased to publish in his owne name with consent of the Estates and therefore commands that the said Acts bearing date the 11. day of June 1640. be published with the Acts to be made in the next Session of the same Parliament and that all the said Acts aswell of the precedent as of the next Session to be holden have in all time comming the strength of Lawes and to be universally received and obeyed by all the Subjects of the Kingdome of Scotland His Majesty doth in the word of a King promise the publishing of the said Acts in such sort as is above specified As for the manner of publishing the said Acts his Majesty approves that the Declaration of the Estates in the beginning of the Acts and the conclusion at the end may be past in silence at the publishing of the Acts and left out in the printed Copies And if any thing shall further occurre concerning the manner of publishing the said Acts his Majesties Commissioner may then offer it to the Estates to be considered of his Majesty being most assured that the Estates of Parliament will have a great care not to suffer his Majesties authority to be prejudiced in the managing of these great affaires Tertio Decembris 1640. THE SECOND DEMAND that the Castle of Edinburgh and other strengths of the Kingdome should with the advice of the Estates of Parliament according to their first foundation be furnished and used for defence and security of the Kingdome IS AGREED UNTO THE THIRD DEMAND that Scottish men within his Majesties Dominions of England and Ireland may be freed from censure for subscribing the Covenant and be no more pressed with oathes and subscriptions
unwarranted by their Lawes and contrary to their Nationall oath and Covenant approved by his Majesty It is thereto answered and agreed in his Majesties name upon Decemb. 8. 1640. That as his Majesty hath granted your first and second Demands so doe we in his Majesties name answer to the third That all these who in his Majesties Dominions of England or Ireland have been imprisoned forfeited or censured any other way for subscribing of the Covenant or for refusing to take any other Oath contrary to the same shall be freed of these censures and shall be fully restored to their Liberties Estates and Possessions And for time comming that the Subjects of Scotland as Subjects of Scotland shall not be constrained to any oath contrary to the Lawes of that Kingdome and the Religion there established but such of the Kingdome of Scotland as shall transport themselves into the Kingdome of England or Ireland and there be setled Inhabitants either by way of having inheritance or free-hold or by way of setled Trades by which the way of trading of the Factors of Merchants nor of Merchants themselves is not to be understood shall be subject to the Lawes of England or Ireland and to the oathes established by the Lawes and Acts of Parliament in the said Kingdomes respectively wherein they live and have their ordinary and constant residence and not otherwayes And the English and Irish shall have the like Priviledge in Scotland 8. Decembris 1640. To the fourth Demand craving that his Majesty may be graciously pleased to declare as an Act of Royall Justice serving much to his owne Honour for the establishing of his Throne and for the good and Peace of both Kingdomes That whosoever shall be found upon Tryall and Examination by the Estates of either of the two Parliaments they judging against the Persons subject to their owne Authority to have been the Authors and Causers of the late and present troubles and combustion whether by labouring to make and forment Division betwixt the King and his People or betwixt the two Nations or any other way shall be liable to the Censure and Sentence of the said Parliaments respectively Conforme to the Paper of Decemb. 9. 1640. It is answered upon the 11. of Decemb. 1640. That his Majesty beleeveth he hath none such about him And therefore concerning that point he can make no other Declaration then that he is just and that all his Courts of Justice are free and open to all men His Parliament in this Kingdome is now sitting and the current Parliament of Scotland neere approaching the time of their meeting To either of which hee doth not prohibite any of his Subjects to present their just grievances and complaints of whatsoever nature each medling and judging against the Persons subject to their own Authority 11. Decembris 1640. It is further answered upon the said 11. of December 1640. To your fourth Demand Concerning Incendiaries that his Majesty beleeveth he hath none such about him Therefore concerning that point he can make no other Declaration then that he is just and that all his Courts of Justice are to bee free and open to all men His Parliament in this Kingdome is now sitting and the current Parliament of Scotland neere approaching the time of their meeting in either of which respective he doth not prohibite the Estates to proceed in trying and judging whatsoever of his Subjects And whereas it was further demanded that as his Majesty would not hinder any of his Subjects to be tried and judged by the Parliament so that none after the Sentence of the Parliament should have accesse to his Majesty or be maintained and enjoy Places or Offices and have credit or authority to informe and advise his Majesty Conforme to the Paper of December 23. 1640. It is declared in his Majesties name upon December 30. 1640. Besides his Majesties former Answers His Majesty hath commanded us to declare in his Name That he will not imploy any Person or Persons in Office or Place that shal be judged incapable by sentence of Parliament Nor wil he make use of their service without the consent of Parliament nor grant them accesse to his Person whereby they may interrupt or disturbe that firme Peace which he now so much desireth he being confident that they will proceed in a faire just way and according to their severall professions with that respect to his honour which in reason he may expect from good and dutiful Subjects 30. of Decemb. 1640. The fifth Demand That their ships and goods and all Dammage thereof may be restored Is condescended unto and to be reciprocal That all Ships and Goods taken at Sea or stayed in Ports with dammage bee restored on both sides And that some summary course be agreed upon for the performance thereof upon the Demands of the particulars on both sides Conforme to the Paper of December 30. 1640. And further it was agreed upon the 7. of Januarie 1641. Stilo Scotico That all Ships taken and stayed should be reciprocally restored on both sides And that the Scottish Commissioners having informed that about fourescore Ships of Scotland are yet stayed in the Ports and are like to suffer much further losse and dammage if they shall not be delivered into some hands who may have care of them It is agreed for the more speedy expedition of the Scottish Ships and that the owners thereof be not longer damnifyed by the want of them that warrants shall bee presently granted for delivery of all their Ships and that foure thousand pounds be presently advanced for Cauking Sailes Cordage and other necessaries for helping the present setting forth of the said Ships And for the rest of this Article when it shall come in the sixt Demand it shall be agreed unto 7. of Januarie 1641. Stilo Scotico To the sixth Demand concerning the losses which the Kingdome of Scotland hath sustained and the vast charges they have been put unto by occasion of the late troubles and the reparation desired from the Justice and kindnesse of the Kingdome of England towards reliefe thereof in manner and upon the ground exprest in the Paper of the 7. of Januarie 1641. Stilo Scotico It is answered that this House thinks fit that a friendly assistance and relief shall be given towards supply of the losses necessities of the Scots that in due time this House wil take into consideration the measure maner of it Conform to the paper 22. of Jan. 1641. Stilo Scotico And further the Parliament upon the 3. of February did declare that they did conceive that the summe of three hundred thousand pounds is a fit proportion for the friendly assistance and relief formerly thought fit to be given towards supply of the losses and necessities of their Brethren of Scotland and that the House would in due time take into consideration the manner how and the time when the same shall be raised Conforme to the Paper of the 3. of
approbation and exoneration Sir Archbald Johnstoun 44 Act of approbation and exoneration Laird of Wauchtoun 45 Act of approbation and exoneration Sheriffe of Teviotdail 46 Act of approbation and exoneration Laird of Riccardtoun Drummond 47 Act of approbation and exoneration Master Alexander Wedderburne 48 Act of approbation and exoneration Hugh Kennedye 49 Commission for tryall of Helene Moyses anent the murder of her Bainn 50 Act of approbation and exoneration Master Alexander Hendersone 51 Act anent Master Alexander Pitcairne and the Laird of Ogill Ramsay 52 Declaration by the Lord Ker concerning the Marquesse of Hammiltoun 53 Act and declaration by the King and Parliament in favours of the Marquesse of Hamiltoun 54 Exoneration to the Marques of Hammiltoun anent his keeping and delivering of the great Seal 55 Act of exoneration and approbation in favours of the Lord Amont 56 Commission for hearing the Generall Commissars accompts 57 Act in favours of Bannatyne of Kames reponing him against the Commissars decreet 58 Ratification and election of the new Kirk of Kilmarnock 59 Commission by the King and Parliament to the Committee for triall of the late incident concerning the Marques of Hammiltoun and the Earl of Argyle 60 Ratification and act in favours of the School-master of Megle 61 Commission to the Lord Almond and his Bayliff anent the triall of John Jervie 62 Act in favours of Lieutenant Generall King 63 Act and ratification to the Universitie of Saint Andrews of the rents of the Priorie and Bishoprick of Saint Andrews 64 Act in favours of the Burgh of Dornoch anent the change of their Faire 65 Act rescinding generall Ruthvens forfeiture 66 Orders of the Parliament concerning the Irish businesse with a warrant to the secret Councell to give instructions to the Commissioners for the remainder of the Treatie 67 Act in favours of the Prince Elector Palatine anent ten thousand men to be sent to Germanie 68 Act and warrant in favours of the Earl of Rothes and others for letters of reprisall against the Hamburgers 69 Commission for tryall of the murther of Isabel Drymmie 70 Ratification exoneration and approbation in favours of the Marquesse of Argyle 71 Warrant for putting Lieutenant Colonell John Munro to libertie 72 Warrant to the Earle of Crafford for his enlargement 73 Warrant for putting M. John Guthrie to libertie 74 Warrant to sir Robert Spottiswood and Sir John Hay for their libertie 75 Commission for visitation of the Colledge of Saint Andrews 76 Act in favours of the Burrows ratifying the act of the Committee for the reliefe of the gilders therein mentioned 77 Act in favours of the Burgh of Glasgow anent their libertie to nominate and elect their Magistrates 78 Act for re-calling the Marquesse of Hamiltoun and Marquesse of Argyle to the Parliament 79 Ratification in favours of the Town of Saint Andrewes 80 Act in favours of Alexander Cunnyngham for four hundred and thirtie pounds sterling 81 Act to the Earle of Montrose Lord Naper Lairds of Keir and Blakhall for their liberation 82 Act in favours of Captaine William Stewart 83 Act anent the keeping of the Castle of Edinburgh to the Earle of Levin 84 Act in favours of the Earle of Levin for 100000. markes 85 Act of approbation and exoneration to the Earle of Levin Lord Generall and sundry other generall Officers 86 Act anent the liberation of the Earle of Montrose Lord Naper L. Keir L. Blakhall Sir Robert Spotiswood Sir John Hay and Lievtenant Colonell Water Stewart with the Act of caution found by them containing also a warrant to the Councell to take the like caution of the Incendiaries 87 Reference to the Councell anent the incarceration of poore people 88 Act in favours of the Officers of fortune within the Countrey with a reference to the Commission for the common burthens 89 Reference in favours of the Lord Forbes to the famine Commission 90 Act in favours of the Procutors for the Estate with a reference to the said Commission 91 Reference in favours of George Foules to the Exchequer 92 Act anent the pryces of Writts Seales and Registers remitted to the Councell with power to doe therein as the King and Parliament might and their determination to have toe authority of an Act of Parliament 93 Reference in favours of Master Alexander Colvill and Master James Robertoune Justice Deputes to the Exchequer 94 Reference Master Alexander Pitcarne minister to the Commission for the common burthens 95 Reference for these souldiers of fortune who were incarcerate at New-castle to the Commission for the common burthens 96 Referene for the Generall of artillerie to the said Commission 97 Reference for the Earle of Hoome and Countesse of Hoome to that Commission 98 Supplication for the Brittish Subjects remitted to the Kings Majestie 99 Reference for the Earle of Nithisdaile to the Councell 100 Reference for the L. of Edzell to the Commission for the common burthens 101 Reference L. Moynes contra Glengarie to the Councell 102 Reference in favours of Sir William Dik to the Exchequer 103 Reference for the Lord Sinclare to the Commission for the common burthens 104 Reference for Sir James Ramsay to the Commission for the common burthens 105 Act and Reference in favours of the Earles of Mar and Linlithgow to the Councell for recompence of their charges and expenses anent the workes contained in their patents for making powder and tanning leather 106 Supplication L. Blair anent his warde and marriage granted 107 Supplication L. of Cauldwell anent his ward and marriage granted 108 Supplication in favours of the Lady Stormonth granted 109 Supplication L. Mynto Turnble for his ward and marriage granted 110 Supplication L. of Cromlix for his ward and marriage granted 111 Act and warrant for transporting of John and Thomas Blaks from Drumfreis to the tolbuith of Edinburgh 112 Act discharging the confluence of people to Edinburgh in this time of Parliament not being members nor having necessar attendance on Parliament and appoynting strong guardes to be kept 113 Ratification in favours of Sir William Scot of Clarkintoun of the lands teinds and Kirke thereof 114 Ratification in favours of the Burgh of Forres of their infeftment 115 Ratification in favours of the Laird of Kilbirnie of his infeftments of the Barronnie thereof and others therein contained 116 Ratification in favours of John Hammiltoun of Boghall of the lands of Boghall and others therein specified 117 Ratification in favours of James Melvil of Hall hill for the lands of Nether-Grange of Kinghorne Wester-Mills and Castle of Bruntiland 118 Ratification in favours of Sir John Prestoun of his gift of pension 119 Ratification in favours of the Earle of Lindsay of the Signator granted by the King to him of the lands offices and others therein contained with the precept and seasing to follow thereupon 120 Ratification in favours of the Burgh of Kirkcudbright 121 Ratification in favours of James Sinclare of Skallaway 122 Ratification in favours of William Maxwell of Kirk-house 123 Ratification in
recommended unto them by the Estates and to set down such reasons and motives as they can devise whereby to inforce either the passing or rejecting of the famine in Parliament To be reported with the said Articles to the remanent of the said Estates assembled in Parliament that they may deliberate and advise thereupon and that after discussing of the reasons given in either for or against the famine The said Estates may ordain such of the saids Articles as they find to deserve consideration to bee formed the saids Articles to bee voyced in plain Parliament And in case it shall happen them to omit or forget to make report to the Estates as said is of any of the saids Articles with their reasons for or against the same It shal be lawfull in that case to the in-givers of the saids Articles to propone the famine again in plain Parliament that they may there be determined and decided And farther to the effect that the saids Estates may be in readines to receive all Articles which shal be given in and presented to the Parliament and either to give answer thereunto themselves if they shall think it expedient or otherwise to recommend the same to the said Committee to be digested by them and reported as said is IT is thought fit and declared That the rest of the Estates by and beside these of the severall Committees to the Articles shal be holden continually to sit for receiving advising and discussing of all Articles Propositions Overtures and Matters shall be presented to them from the beginning of the Parliament to the closure thereof And such like after all the saids Articles are past and discust by the saids Estates in manner foresaid That they shall take such a competent time as they shall think requisite according to the number and importance of the Affaires in hand To revise and consider the famine again before the day of voycing That they may be well and ripely advised thereanent ACT IV. ACT ANENT THE RATIFICATION Of the Acts of the Assembly THE Estates of Parliament presently conveened by His Majesties speciall Authoritie Ratifies approves and perpetually confirmes the Act of the Generall Assemblie holden at EDINBURGH in the moneth of August last by-past made upon the seventeenth day of the said Moneth and in the eighth Session of the said Assembly intituled Anent the six causes of our bygone evils whereof the tenour followes THE Kings Majestie having graciously declared that it is His Royall will and pleasure that all questions about Religion and matters Ecclesiasticall be determined by assemblies of the Kirk having also by publick Proclamation indicted this Free Nationall Assembly for setling the present distractions of this Kirk and for establishing of a perfect peace against such divisions and dis-orders as have been sore displeasing to His Majestie and grievous to all his good subjects And now his Majesties Commissioner John Earl of Traquaire instructed and authorized with a full Commission being present and sitting in this assembly now fully conveened and orderly constitute in all the members thereof according to the order of this Kirk having at large declared His Majesties zeal to the reformed Religion and His Royall care and tender affection to this Kirk where His Majestie had both His Birth and Baptisme His great displeasure at the manifold distractions and divisions of this Kirk and Kingdom and His desires to have all our wounds perfectly cured with a faire and fatherly hand And although in the way approven by this Kirk tryall hath been taken in former Assemblies before from the Kirk Registers to our full satisfaction yet the Commissioners Grace making particular inquirie from the members of the Assembly now solemnly conveened concerning the reall and true causes of so many and great evills at this time past had so sore troubled the peace of this Kirk and Kingdome IT was represented to His Majesties Commissioner by this Assembly that beside many other the main and most materiall causes were first the pressing of this Kirk by the prelates with a Service book or book of Common prayer without warrant or direction from the Kirk and containing beside the popish frame thereof divers popish errours and ceremonies and the seeds of manifold and grosse superstitions and idolatrie With a book of Canons without warrant or direction from the Generall Assembly establishing a tyrannicall power over the Kirk in the persons of the Bishops and overthrowing the whole Discipline and Government of the Kirk by Assemblies With a book of Consecration and Ordination without warrant of authoritie Civill or Ecclesiasticall appointing offices in the house of God which are not warranted by the word of God and repugnant to the Discipline and Acts of our Kirk And with the High Commission erected without the consent of this Kirk subverting the jurisdiction and ordinary Judicatories of this Kirk and giving to persons meerly Ecclesiasticall the power of both swords and to persons meerly civill the power of the keyes and kirk censures A second cause was the Articles of Perth viz. the observation of Festivall dayes kneeling at the Communion Confirmation Administration of the Sacraments in private places which were brought in by a null Assembly and are contrary to the Confession of Faith as it was meant and subscribed Anno 1580. and diverse times since and to the order and constitution of this Kirk Thirdly the change of the Government of the Kirk from the Assemblies of the Kirk to the persons of some Kirkmen usurping priority and power over their Brethren by the way and under the name of Episcopall Government against the confession of Faith 1580. against the order set down in the book of policie and against the intention and constitutions of this Kirk from the beginning Fourthly the civill places and power of Kirkmen their sitting in Session Councell and Exchequer their ryding sitting and voycing in Parliament and their sitting in the Bench as Justices of Peace which according to the Constitutions of this Kirk are incompatible with their spirituall function lift them up above their Brethren in worldly pomp and doe tend to the hinderance of the Ministerie Fiftly the keeping and authorizing corrupt Assemblies at Linlithgow 1606. 1608. at Glasgow 1610. at Aberdene 1616. at S. Andrewes 1617. at Pearth 1618. which are null and unlawfull as being called and constitute quite contrary to the order and constitutions of this Kirk received and practised ever since the Reformation of Religion and withall labouring to introduce Novations into this Kirk against the Order and Religion established A sixth cause is the want of lawfull and Free Generall Assemblies rightly constitute of Pastours Doctours and Elders yearely or oftner pro re nata according to the Liberty of this Kirk expressed in the book of policie and acknowledged in the Act of Parliament 1592. after which the whole Assembly in one heart and voyce did declare that these and such other proceeding from the neglect and breach of the Nationall Covenant of this Kirk and
worshipping of Imagerie Relicts and Crosses dedicating of Kirks Altars Dayes Vowes to creatures His Purgatorie Prayers for the dead praying or speaking in a strange language with his Processions blasphemous Letanie and multitude of Advocates or Mediators His manifold Orders Auricular Confession His desperate and uncertain Repentance His generall and doubtsome Faith His satisfactions of men for their sinnes His Justification by works opus operatum works of Supererogation Merits Pardons Peregrinations and Stations His holy-water baptizing of Bells conjuring of Spirits crossing saning anointing conjuring hallowing of GODS good creatures with the superstitious opinion joyned therewith His wordly Monarchie and wicked Hierarchie His three solemne vowes with all his shavelings of sundry sorts His erroneous and bloudie decrees made at Trent with all the subscribers and approvers of that cruell and bloudie Band conjured against the Kirk of GOD And finally we detest all his vain Allegories Rites Signes and Traditions brought in the Kirk without or against the Word of GOD and Doctrine of this true reformed Kirk To the which wee joyne ourselves willingly in Doctrine Faith Religion Discipline and use of the holy Sacraments as lively members of the same in Christ our Head Promising and swearing by the Great Name of the Lord our GOD that wee shall continue in the Obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of Body and Soule in the day of GODS fearefull Judgement And seeing that many are stirred up by Sathan and that Roman Antichrist to promise sweare subscribe and for a time use the holy Sacraments in the Kirk deceitfully against their own consciences minding thereby first under the externall cloak of Religion to corrupt and subvert secretly GODS true Religion within the Kirk and afterward when time may serve to become open enemies and persecutors of the same under vain hope of the Popes dispensation devised against the Word of GOD to his greater confusion and their double condemnation in the day of the LORD JESUS Wee therefore willing to take away all suspicion of hypocrisie and of such double dealing with GOD and his Kirk Protest and call The Searcher of all hearts for witnesse that our mindes and hearts doe fully agree with this our Confession Promise Oath and Subscription so that Wee are not moved for any worldly respect but are perswaded only in our consciences through the knowledge and love of GODS true Religion printed in our hearts by the holy Spirit as wee shall answere to him in the day when the secrets of all hearts shall be disclosed And because wee perceive that the quietnes and stabilitie of our Religion and Kirk doth depend upon the safetie and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of his Kirk and ministration of Justice amongst us we protest and promise with our hearts under the same Oath Hand-writ and paines that wee shall defend his Person and Authoritie with our goods bodies and lives in the defence of Christ his Evangel Liberties of our Countrey ministration of Justice and punishment of Iniquitie against all enemies within this Realme or without as wee desire our GOD to bee a strong and mercifull defender to us in the day of our death and comming of our Lord JESUS CHRIST To whom with the Father and the holy Spirit be all Honour and Glory eternally LIKE AS many Acts of Parliament not only in generall do abrogat annull and rescind all Laws Statutes Acts Constitutions Canons civill or municipall with all other Ordinances and practique penalties whatsoever made in prejudice of the true Religion and Professours thereof Or of the true Kirk discipline jurisdiction and freedome therof Or in favours of idolatrie and superstition Or of the Papisticall Kirk As Act 3. Act 31. Parl. 1. Act 23. Parl. 11. Act 114. Parl. 12. of K. James the sixt That Papistrie and Superstition may be utterly suppressed according to the intention of the Acts of Parliament repeated in the 5. Act Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to bee punished by manifolde Civill and Ecclesiasticall paines as adversaries to Gods true Religion preached and by Law established within this Realme Act 24. Parl. 11. K. James 6. as common enemies to all Christian Government Act 18. Parl. 16. K. James 6. as rebellers and gain-standers of our Soveraigne Lords authority Act 47. Parl. 3. K. James 6. and as Idolaters Act 104. Parl. 7. K. James 6. But also in particular by and attour the Confession of faith do abolish and condemne the Popes Authority and Jurisdiction out of this Land and ordain the maintainers thereof to be punished Act 2. Parl. 1. Act 51. Parl. 3. Act 106. Parl. 7. Act 114. Parl. 12. K. James 6. do condemn the Popes erroneous doctrine or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached and by Law established in this Realme And ordaine the spreaders and makers of Books or Libels or Letters or writs of that nature to be punished Act 46. Parl. 3. Act 106. Parl. 7. Act 24. Parl. 11. K. James 6. do condemn all Baptism conform to the Popes Kirk and the Idolatry of the Masse and ordain all sayers wilfull hearers and concealers of the Masse the maintainers and re-setters of the Priests Jesuits traffiquing Papists to bee punished without any exception or restriction Act 5. Parl. 1. Act 120 Parl. 12. Act 164. Parl. 13. Act 193. Parl. 14. Act 1. Parl. 19. Act 5. Parl. 20. K. James 6. do condemne all erroneous bookes and writs containing erroneous doctrine against the Religion presently professed or containing superstitious Rites and Ceremonies Papisticall whereby the people are greatly abused and ordain the home-bringers of them to be punished Act 25. Parl. 11. K. James 6. do condemn the monuments and dregs of by-gone Idolatry as going to the Crosses observing the Festivall dayes of Saints and such other superstitious and Papisticall Rites to the dishonour of GOD contempt of true Religion and fostering of great errour among the people and ordain the users of them to be punished for the second fault as Idolaters Act 104. Parl. 7. K. James 6. LIKE AS many Acts of Parliament are conceived for maintenance of Gods true and Christian Religion and the purity thereof in Doctrine and Sacraments of the true Church of GOD the liberty and freedome thereof in her Nationall and Synodall Assemblies Presbyteries Sessions Policie Discipline and Jurisdiction thereof as that purity of Religion and liberty of the Church was used professed exercised preached and confessed according to the Reformation of Religion in this Realme As for instance the 99 Act Parl. 7. Act 23. Parl. 11. Act 114. P. 12. Act. 160. Parl. 13. of K. James 6. ratified by 4. Act
Parliament against such as unlawfully convocates the Kings Lieges And that also by sundry other preceding Statutes and Acts of Parliament made by his Majesties most noble Progenitors the foresaid Leagues Bands Counsels Conventions and Meetings are likewise discharged And herewith also the said Estates taking to their consideration what was the true end and meaning for making of the foresaid Acts how farre the same in equitie and reason can be extended findes and declares that the foresaid Acts and Laws particularly and generally before exprest is not nor cannot bee extended against any Bands Leagues Counsels Conventions Assemblies Committees or Meetings made holden and kept by the Subjects for maintenance and preservation of the Kings Majestie the Religion Lawes and Liberties of the Kingdome or for the publick good eyther of Kirk or State But the said Estates findes and declares that all these Bands Conventions Committees and other meetings made and keeped by the Estates and Subjects of this Kingdome for the publike good of King Kirke and State and intended for the defence and preservation thereof since the beginning of these present troubles are not prohibited nor discharged by the foresaids Lawes and Acts of Parliament particularly and generally before rehearsed nor none of them And can no wayes be understood nor interpret to fall within the compasse of the discharge and prohibition of the foresaids Acts and doth no wayes contraveene the same nor none of them And therefore the saids Estates ratifies approves and allowes all the saids Bands Conventions Committees and other Meetings which are and have beene made and keeped within this Kingdome for the defence and preservation of the Kings Majestie the Religion Lawes and Liberties of this Kirke and Kingdome since the beginning of the present troubles thereof And declares the same to bee lawfull and legall deeds and that they doe no wayes contraveene the foresaids Acts of Parliament respective above mentioned nor none of them nor no other Law nor constitution of this Kingdome ACT XXX ANENT THE WARD AND MARRIAGE OF These who shall happen to be killed in the defence of the Religion and Liberties of Kirke and Kingdome THe Estates of Parliament presently conveened by his Majesties speciall Authority Taking to their consideration the prejudice that may come to these Subjects who holds their lands ward of the Kings Majesty or of any other Superiour whatsoever and shall happen to be killed in the defence and maintenance of the Religion and of the Laws and Liberties of this Kingdome during the time of the present troubles thereof hath statute and ordained and hereby statutes ordaines and declares that the profit and benefit of the ward marriage none entresse and reliefe falling by the decease of any of these who shall happen to be killed in manner and for the cause foresaid with the whole commoditie that can follow upon the same shall onely pertaine and freely be given and disponed to the heires Relick and Bairnes of these who shall happen so to be killed as followes viz. Where the Relicke and remanent Bairnes by the heire shall be found provided by the Defunct Then in that case the whole benefite of the ward marriage none entresse and reliefe shall solely belong to the heire But where the Relicke and remanent Bairnes by the heire be 's not found provided in that case the benefite of the marriage shall onely pertaine to the heire and the profite commoditie and benefite of the ward none entresse and reliefe shall be imployed and used for the entertainment and maintenance of the Relicke and Bairnes unprovided And also for the entertainment of the heire if he have no other meanes for maintenance And what is overplus by the Relicke and Bairnes their entertainment foresaid ordaines the same superplus to be imployed for the provision of the said remanent Bairnes by the heire unprovided as said is Providing alwayes that the saids heires and other persons foresaids to whom the benefite of the saids ward marriage none entresse and reliefe is appointed to pertaine in manner respective before rehearsed Be 's found not to have studden against the maintenance of Religion lawes and liberties of Kirke and Kingdome contrair to the late Covenant ratified in this present Parliament And also the saids Estates findes and declares that the Kings Majestie and all other Superiours whatsoever of the saids ward holdings shall be altogether secluded from the benefite of the foresaid ward marriage none entresse and reliefe falling by decease of their Vassals in manner and for the cause before rehearsed ACT XXXI RATIFYING THE ACT OF THE LORDS Of Session made for supplying of the absence of the Signet and discharging the transporting thereof or any other Seale in time comming THE Estates of Parliament presently conveened by his Majesties speciall Authority Ratifies and approves the Act of the Lords of Councell and Session made at Edinburgh the penult day of March 1639. yeares whereof the tenour followes The which day the Lords of Councell and Session being petitioned by some of his Majesties Lieges to provide remeed against the prejudice sustained by them through the exportation of the Signet out of this Kingdome And thereupon taking unto their consideration the many great inconveniences redounding to this Realme and whole Lieges thereof And manifestly ensuing by the transporting of the Signet not onely from the place of residence of the saids Lords but out with the bounds of this Kingdome into England without any reason or example Therefore after mature deliberation they have statute and ordained and for remeed of the said heavie prejudice statutes and ordaines that all Summonds Letters Charges Suspensions Signators or other Writs whatsoever which by the law and custome of this Realme useth to passe the said Signet shall bee presented to George Hadden writer to the Signet and the ordinarie price due for the Signet consigned in his hands to bee made forth comming to the Lord Secretarie and his keepers of the Signet in his name Whereupon the said George Hadden shall marke the date of the said offer beside the waxe at the place customably bearing the date of the Signet and write thereupon these words marked by me according to Act and Warrant of the Lords of Session and ordained to be a Warrant for execution hereof or passing through the Seals albeit it bee not signetted which words hee shall subscribe with his Signe and Subscription manuall Which Summonds Charges Letters Suspensions Signators or Writs whatsoever so dated and subscribed by the said George Hadden shall have the same effect in all respects as if the Signet were affixed thereto And the saids Lords declares that the same shall be a sufficient warrant to all keepers of Seals and Registers Messengers of Armes Pursevants Heraulds or others persons whatsoever for passing of the saids writs through the Seals execution of the saids Summonds Letters Charges and Suspensions and doing all deeds incumbent to their office such like and as amplie and warrantablie in all respects as
taxations But that every mans right and claime anent the prejudice may arise concerning the same and manner thereof whereby any man can instruct enorme lesioun and that he was unequally stented Is hereby specially reserved hinc inde And last It is statute and ordained that the Lords of Session shall bee Judges to all Suspensions to be raised in the said collection and contribution in such forme and manner as they are and have been in matters of taxation ACT XXXV ORDAINING SUMMONDS TO BE DIRECT and execute against the persons who are culpable of the crimes and faults contained in the Act to compeare before the next Session of Parliament THe Estates of Parliament conveened by his Majesties speciall Authoritie Considering the present strait and exigencie menacing the ruine of this Kingdome and how necessary it is for preventing thereof that these who have beene the authors or are the maintainers and assisters of these courses that are destructive to the liberties of this Kirk and Kingdome and that either by their false suggestions and calumnious relations of the Estates of this Kingdome and their proceedings to his Majestie or by their comming in Armes against this their mother Countrey and contributing to further our Adversaries in their intended and professed plots and violences for the subduing and destroying this Kingdome or by their rising in Armes within the Countrey fortifying and keeping of Castles and houses against the Estates who defend the Countrey against all forraigne invasions and subjection or by deserting their native Countrey in such an extreame necessitie and with-drawing from them all the assistance they can That all these and others in the like condition be distinguished and censured according to the severall degrees of their transgression against the State and Kingdome Therefore they grant full power and warrant to the Committee which is to sit at Edinburgh for to direct in their name precepts to the Lion King of Armes and his brethren Heraulds and Messengers to passe warne and charge in name of the saids Estates the persons under-written And all others whom the said Committee upon like probable grounds can suspect to have been the Liesing-makers and tellers and false accusers of the States of this Kingdome and their proceedings to the Kings Majestie as seditious rebellious and treasonable to have beene the instigatours framers and up-drawers of the strange Proclamations and Declarations made against his Majesties Subjects and Estates as Rebels and Traitours or to have risen or rise in Armes and concurre with the adversaries for subduing of this their native Countrey or to fortifie keepe or detaine Strengths or Castles against the Estates of this Kingdome who stand to their Covenant for defending their Religion Crown and Countrey Or wittingly and willingly to with-draw their assistance from their mother Countrey in this extremity and contribute their help and countenance to the adversaries and all others who are either authours abetters maintainers or suppliers or art and part or have any hand in countenancing and concurring with our adversaries to the subduing and destroying of this Kingdome and especially these that have seemed to joyne with us and have subscribed the Covenant for to compeare personally on _____ day at Edinburgh before the Parliament at the next Session thereof to answer unto these and all other crimes of that kinde which may bee layed to their charge and that under the paine of treason and forefaultrie for their contumacie in case of not compearance Like as the Estates declares that these precepts being subscribed by the Praeses and Quorum of the Committee foresaid shall bee as sufficient as if they were subscribed in Parliament ACT XXXVI IN FAVOURS OF THE KINGS VASSELS of ward-lands recommending their prejudice by the Act Anno 1633. to the consideration of the next Parliament and in the meane time while then suspending the force and execution of that Act. THE Estates of Parliament presently conveened by his Majesties speciall Authority Taking to their consideration the bounty and benevolence of the Kings Majesties most noble Progenitors King James the second and King James the fourth giving their Vassels liberty to set ward-lands few And likewise considering how the Kings Vassels of ward-lands are secluded from that benefite by the Act 1633. which seemeth to be done by mis-information of the Kings Majesty and contrary to the intention of the Parliament to debarre the Subjects of the bounty and benevolence of the Kings Majesty towards them which was formerly granted by his Progenitours Recommendeth the serious consideration hereof with the meaning and intention of the Kings and the Estates in setting downe of the foresaids Acts and how farre the same Acts can be extended to the prejudice of the Vassels the Act Anno 1633. being only a ratification of a former Act made in favours of the Subjects and appointing the same to be extended to lands holden of the King and Prince and not a direct Act for these lands to the next meeting of the Parliament And in the meane time while the determination thereof the Estates suppresses and suspends the force and execution of the Act 1633. against the Kings Vassels of ward-lands and exeemes them from that Act during the said interim ACT XXXVII APPOINTING THE FEES FOR THE Procurator the Clerk and Agent for the Kirk THe Estates of Parliament presently conveened by his Majesties speciall Authoritie Taking to their consideration the desire of the last Assembly and the supplication of the Commissioners of the Kirk craving that the Advocate for the Kirk the Clerk of the Assembly and the Agent for the Kirk may be provided to Fees and Pensions for their service in that charge out of the Kirk rents belonging to the late Bishopricks as they have had their Pensions payed to them out of the same since the Reformation For the Procurator of the Kirk had assigned to him foure last halfe last cost extending to six chalders twelve bowles meal and malt out of the readiest duties of the Bishopricke of Orknay yearly In place whereof after the restitution of Bishops Anno 1606. there was five hundreth pounds ordained to be payed out of the Kings Checker to the Advocate for the Kirk Like as the Clerk of the generall Assembly since the Reformation and before the restitution of Bishops and by the Bishops themselves conforme to their Band in Janu. 1610. yeares had five hundreth markes payed to him yearly and the Agent for the Kirk had a continuall pension payed to him out of the Kirk rents for his charge And herewith also the said Estates considering the necessitie of the saids Officers of Advocate Clerk and Agent for the Kirks businesse with the weight of that charge and continuall attendance requisite thereto ordaines and appoints the summe of a thousand markes of Fee and Pension to be payed yearly to Master Archbald Johnstoun present Advocate for the Kirk and to his successours chosen and appointed by the Assembly in that place for the Fee of that charge as Procurator
Febr. 1641. Stilo Scotico and given in to the Treaty upon the 5. of the said Moneth And whereas it was desired by the Scottish Commissioners that the English Commissioners would let them know from the Parliament the security manner and termes of Payment of the foresaid summe of three hundred thousand Pounds and of the Arrears due for reliefe of the Northerne Counties It was agreed unto by warrant and order of the Parliament that they should have fourescore thousand Pounds as a part of the foresaid summe of three hundreth thousand pounds with the whole Arrears due to the Army before the disbanding thereof Conforme to the Paper of the 26. of May 1641. and given in to the Treaty upon the 27. of the said Moneth And concerning the security for paying of the remnant of the said sum of three hundred thousand pounds which is Arreare extending to 200 and 20000 Pounds It is resolved and agreed unto by both Houses of Parliament That an act of Parliament of publike Faith shall passe for security thereof And that one moity or equall halfe of the same extending to one hundred and ten thousand Pounds shall be payed at Midsommer in Anno 1642. And the other moity or equall halfe thereof to be payed at Midsommer in Anno 1643. as the order of the houses of Parliament of the 19 25. daies of June 1641. doth more fully purport And in like maner whereas it was desired by the Scottish Commissioners that they might know to whom they should addresse themselves for payment of the summes at the dayes appointed by the Parliament Conform to the Parliaments determination of the 19. of June Secondly at what place the payment should be made Thirdly that a safe conduct may be granted for the secure transporting of the moneys to Scotland at the times of the payment agreed upon It is answered and resolved by the Parliament That these Earles Lords and Commissioners following shall be the persons to whom the Scots shall addresse themselves for the receiving of the summes at the dayes appointed by the Parliament Earl of Bedford Earle of Essex Earle of Warwick Earle of Holland Earle of Stanford Lord Wharton Lord Mandevill Lord Brook Mr. Martin Sir Thomas Barrington Mr. Capell Sir Ar. Ingram Sir Gilbert Gerrard Sir Robert Pye Mr. H. Bellasis Sir Walter Earle Sir William Litton Sir Henry Mildmay Sir Thomas Cheek Sir John Strangewayes Mr. Arthur Goodwine Mr. Hampden Alderman Soam Alderman Pennington Resolved upon the question That the place of payment shall be the Chamber of London Resolved upon the question that a safe conduct shall be granted for the secure transporting of the moneyes to Scotland at the termes of Payment agreed upon at the charge of the Scots Conforme to the Paper June 22. 1641. yeares To the seventh Demand desiring that as his Majestie hath approved the acts of the late Parliament wherein all such Declarations Proclamations Books Libels Pamphlets as have bin made written or published against his loyal and dutifull subjects of Scotland are re-called and ordained to be suppressed and destroyed So his Majesty may be pleased to give order that the same may be suppressed recalled forbidden in England and Ireland and that the loyalty integrity and faithfulnesse of his Majesties subjects of Scotland towards his Majesties Royall Person Government may at the closing of this Treaty of Peace and at the time of publick thanksgiving for the same be made known in all places and all Parish Churches of his Majesties Dominions This was the more earnestly desired confidently expected from his Majesties Justice goodnesse Because no calamity or distresse hath so sore vexed or so deeply wounded the hearts of his Majesties Subjects as that their loyalty and love towards their Native King should have been controverted by the malignancy of bad Instruments brought into suspition And because they unfainedly desire pray for his Majesties happinesse and are resolved by all meanes and at all occasions to deny themselves and what they have for his Majesties Honour As is more fully contained in the Paper of the 8. of February 1641. Stilo Scotico It is answered upon the 10. of February 1641. Stilo Scotico We do agree that all declarations proclamations acts books libels and pamphlets that have been made published against the loyalty dutifulnesse of his Majesties subjects of Scotland shal be recalled suppressed forbidden in England Ireland And that this be reciprocall in Scotland if any such have bin made or published there in prejudice of his Majesties honour And this upon diligent inquiry to be done by the authority of the Parliament next sitting in Scotland of which the Commissioners of Scotland doe promise to have an especial care And we do also agree that when it shall please Almighty God to grant a happy close of this Treaty of Peace the loyalty of his Majesties said Subjects shall be made known at the time of publick thanksgiving in all places particularly in the Parish Churches of his Majesties Dominions Unto which we are the rather induced for that you expresse how deeply it hath wounded the hearts of his Majesties said Subjects that their loyalty love to his Matie their native King should be brought in question suspition Whereas they unfainedly desire pray for his Majesties happines are resolved by all means at all occasions to deny themselves what they have for his Majesties honor 10. Febr. 1641. stilo scotico Concerning the eighth Demand for an happy and durable Peace which is the chiefest of all our desires and unto which all the former seven Articles being now agreed upon are as many Preparations We do first of all desire that all monuments tokens shews of hostility upon the borders of the two kingdoms may be taken away that upon the reasons considerations particularly exprest in the paper of the 10. of Febr. 1641. stilo scotico That not only the Garrisons of Barwick and Carlile may be removed but that the works may be slighted and the places dismantled It is answered and agreed upon the 14. of June That his Majesty is desirous that all things betwixt the Kingdomes of Scotland and England bee reduced into the same state they were in before the beginning of the late troubles And therefore Hee doth give his Assent to the advice of the two Houses of Parliament that the Garrisons of Barwicke and Carlile upon the disbanding of the Scottish Army now in England and of all such Forces as are gathered together in Scotland be likewise presently removed And that the Fortifications of Barwick and Carlile bee also reduced to the same condition they were before the late troubles So that all Fortifications in Scotland bee likewise put in the same condition they were before the said troubles And that the Workes bee not repaired but suffered to decay and that the Ordinance and Ammunition bee removed And that it bee without prejudice to his Majesties
arreare of the brotherly assistance is just and order is given for it accordingly And it shall be communicated with the Scottish Commissioners that it may be a perfect security 10 The tenth for appointing a Quorum for attending the paiment of the money is already moved to the parliament will be done as is desired 11 The eleventh article is very just and order shal be given accordingly for recalling all Proclamations c. and for publick Thanksgiving 12 This Article for the Castle of Edinburgh and other strengths of Scotland is to be setled betwixt his Majesty and the Commissioners of Scotland or by his Majesty and Parliament of Scotland All which Articles are assented unto and approved by his Majestie with advice of the Parliament of England and by the Committees of the Parliament of Scotland and are necessary for publick declaration of mutuall consent and for firme observation to be confirmed and ratified in the Parliaments of both Kingdomes BE it therefore enacted by his Majesty with the assent of the Lords and the Commons in this present Parliament assembled that the said Treaty and all the Articles thereof assented to as aforesaid be and stand for ever ratified and established and have the force vigor strength and authority of a Law Statute and Act of Parliament Like as this afore-written Treaty and whole Articles thereof are by his Majesty and the States of the Parliament of Scotland enacted and ordained to have in all time comming the full force and strength of a true and perfect security and Act of the said Parliament And his Majesty for himselfe and his Successors doth promise in verbo principis never to come in the contrair of this Statute Sanction nor any thing therein contained but to hold the same in all points firme stable and shall cause it to be truly observed by all his Majesties Leiges according to the tenor and intent thereof for now ever Like as the Parliament of both Kingdomes give full assurance and do make publick faith in name of both Kingdomes respectively for the true and faithfull observance of this Treaty and whole Articles thereof inviolably hinc inde in all times to come Like as his Majesty with advice of the estates of Parliament commands the clerke of Parliament to insert and registate the same in the bookes of Parliament and to give the extract of this Act under his hand to the director of the chancellary Whom they command to write the same to the great Seale and the keeper of the great Seale to append the great Seale thereto And declares that the same being so sealed and returned to the Parliament of England is and shal be unto them a full and perfect security By this their act given at Edinburgh the 26. of August 1641. yeares ACT. VII ACT DISCHARGING JAMES BANNATINE His patent of the pearling Ultimo Augusti 1641. OUr Soveraign Lord and Estates of Parliament having read and considered the reasons grievances and prejudices given in and complained upon in this present Parliament against the gift and patent granted to James Bannatine in leith anent the pearling and finding the famine gift and patent hurtfull and prejudicial to the country and lieges Have therefore rescinded retreited cassed annulled and discharged and by the tenour hereof rescinds retreits casses annuls and discharges simpliciter the foresaid gift patent granted to the said James Bannatine anent pearling And declares the famine gift and patent to be extinct null and ineffectuall in all time comming And also our said Soveraigne Lord with advice and consent of the estates of Parliament prohibits and discharges all importation and inbringing of forraigne pearling within this kingdome in any time comming under the paine of confiscation thereof to his Majesties use And siclike our said Soveraigne Lord with advice foresaid renewes the act of Parliament made in anno one thousand six hundred twentie one yeares Intituled anent banquetting and apparell in the second head and article thereof viz. That no person of whatsoever degree shall have pearling or ribbining upon their ruffes bands serkes napkins and socks except the persons priviledged in that act And the pearling and ribbining to be so wome by them if any be to be of these made within the kingdome of Scotland under the pain of an hundered pounds toties quoties as the said act in that article thereof beares And ordains the famine act in that head and article foresaid to have ful strength force and execution and to stand as a Law conforme to the tenour thereof ACT VIII ACT DISCHARGING UNLAWFULL Marriages 1. September 1641. OUr Soveraign Lord and Estates of this present Parliament considering the great abuse and dangerous evill that hath followed and may follow upon frequent marriages of the persons Inhabitants within this kingdome going to the neighbour Kingdomes for getting themselves married there which they could not obtaine in this Kingdome by the lawes and constitutions thereof Therefore and for remedy of that evill and for preventing such in time comming prohibites and discharges all men and women having both their ordinary residence within this Kingdome to get marriage to themselves with others within the Kingdome of England or Ireland without Proclamation of Banes here in Scotland and against the order and constitutions of this Church or Kingdome under the paies following viz. for ilk Nobleman so married one thousand pounds for ilk landed Gentleman one thousand markes for ilk Burges five hundred pounds and for ilk other substantious person five hundred marks for a Yeoman one hundred pounds for ilk person of inferiour qualitie one hundred marks The one halfe of the which penalties shall belong to the King the other to the Parish or Parishes where the married parties did reside And ordains the King and Kirks Advocate to pursue before the civill Judge therefore And in case of the poore condition of any man married in manner foresaid Ordains him to be punished by stocks or irons Which paines corporal and pecunial shall no wayes be prejudiciall or derogate from the order and censures of the Kirk to be inflicted against the delinquents ACT IX ACT ANENT NON-COVENANTING Patrons 2. September 1641. OUR Soveraign Lord and Estates of Parliament considering that all his Majesties subjects within this Kingdome are by Acts of Parliament ordained to subscribe their Nationall Oath and Covenant Therefore his Majestie and Estates ratifie and approve the Act of Parliament made by his Majesties dearest Father of blessed memorie Parl. 1. c. 9. whereby it is ordained that no person be Judge Procurator Notar or Member of Court who professeth not the true Religion together with the Act of ratification thereof with the addition and declaration thereof therein contained made by his Majesties said umwhile Father Parl. 20. cap. 3. And finds and declares that the saids Acts shall be extended to all persons whatsoever who have not subscribed or refuse to subscribe the said National Oath and Covenant And such like
persons and of the crimes whereof they are accused the Parliament declares that they will not proceed to a finall sentence nor insist upon the punishment of those persons but that they doe for the reasons foresaids freely remit them to his Majesty The Estates of Parliament considering that whereas albeit James Earle of Montrose Archbald Lord Naper Sir George Stirling of keir knight Sir Archbald Stewart of Black hall _____ are cited before them and accused as guilty of diverse crimes misdemeanours committed by them to the just offence of the Estates of Parliament and derogatorie to the great trust confidence had of them And albeit the Parliament have just reason to prosecute their processes yet neverthelesse the saids Estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native Kingdom and fatherly care and wisedome in composing all past differences and providing for the future to the great joy and happines of all his subjects Do in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdome Declare that for acquitting themselves of their oath they will onely proceed to the exact tryall of the saids parties by a committee to be appointed and authorized by the King and Parliament in respect of the present necessity of their other affaires and after triall shall be taken of the saids persons and of the crimes whereof they are accused The Parliament declares that they will not proceed to a finall sentence nor insist upon the punishment of the saids persons but that they doe for the reasons foresaids freely remit them to his Majesty At Edinburgh the sixteenth day of November the yeare of God 1641 yeares the Parliament having expressed their respect and thankfulnesse to his Majesty by remitting unto him these that are cited as Incendiaries and others according to their above written declaration he was graciously pleased the better to testifie his Princely care and to prevent any feares that may be conceived from the medling of those persons in the affaires of State or Court to make this Declaration following I Taking in good part the respect and thankfulnesse of this Parliament in remitting to me these who are cited as Incendiaries and others according to their Declarations Doe declare that I will not imploy any of these persons in offices or places of Court or State without consent of Parliament nor grant them accesse to my person whereby they may interrupt or disturb the firme peace which is now so happily concluded ACT XXXIV ACT AND COMMISSION FOR TRYING The Incendiaries and Plotters 16. November 1641. OUR Soveraigne Lord and Estates of Parliament having taken to consideration That in the Session of Parliament conveened by his Majesties authoritie upon the eleventh day of June 1640. yeares full power and warrant was given and granted to the Preses and Quorum of the Committee of Estates therein appointed for directing in the Kings Majesties name and in name of the Estates of Parliament summonds and precepts to the Lyon King at Armes and his brethren Heraulds Pursevants and Maissars to warn and charge the persons under written viz. John Earl of Traquaire Sir Robert Spottiswood of Donipace knight Sir John Hay of Lands late Clerk Register Doctor Walter Balcanquell and Master John Maxwell sometime pretended Bishop of Rosse to compeir personally before the Parliament at certaine dayes and diets by-gone And that conforme to the said warrant of Parliament summonds were raised and intended at the instance of Sir Thomas Hope of Craighall Knight baronet his Majesties Advocate and at the instance of Sir Thomas Nicolson of Carnock Knight Baronet Masters Roger Mowat Alexander Peirson James Baird and Thomas Nicolson Procutors of the Estate to compeire before the Kings Majesty and Estates of Parliament at certaine dayes and diets now by-gone to answer for the crimes of Treason and other crimes contained in the said summonds and precepts of the date the _____ day of _____ yeares And al 's our Soveraigne Lord and Estates of Parliament considering that summonds and actions are depending before our said Soveraigne Lord and the Estates of this present Parliament against Iames Earle of Montrose Archbald Lord Naper Sir George Stirling of Keir Knight Sir Archbald Stuart of Blakhall _____ as having been plotters devisers and machinators of courses against the publick weale and as having been the committers of other severall crimes and forefaults particularly specified and contained in the said summonds raised and depending against the saids Earle of Montrose Lord Naper Lairds of Keir and Blakhall _____ Before the Kings Majestie and Estates of this present Parliament of the date the _____ day of _____ 1641. years as the famine at more length beares Therefore our Soveraigne Lord and the Estates of this present Parliament for the further examination and tryall of the persons above specified their guiltinesse of the points and crimes above written contained in the summonds particularly and respectively above mentioned Gives and grants by thir presents full power authority and commission to the persons after mentioned viz. Iohn Lord Lowdoun Chancellour John Earle of Lauderdaill _____ Earle of Weymes Robert Lord Burghly James Lord Couper George Lord Forrester Sir Iohn Hammiltoun of Preston Sir William Cokburne Lord Langtoun Harie Montgomrie of Gifin Sir George Dundas of that ilk Sir Iohn Wauchope of Nidrie William Rig of Ethernie George Bell for the towne of Linlithgow Thomas Bruce for Stirling Mr. George Gray for Hadingtoun George Gardine for Bruntiland and Robert Cunnyngham for Kinghorne James Sword for Saint Andrewes and Sir Alexander Gibson of Durie and Sir Adam Hepburne of Humbie two of the ordinary Senators of the Colledge of justice or to any Quorum of the said number of the saids persons being present for the time which Quorum shall consist of nine two being for ilk estate by the saids two Judges above named to proceed in all further examination of the points of the saids crimes consisting in facto And that by examination of witnesses and by writ or other probation competent of the Law against so many of the saids persons as are not compeiring without all farther citation in respect of their absence and contumacie And al 's to call and conveene before them the foresaids persons above rehearsed in the said summonds particularly and respectively above written so many of them as are incarcerate before them at such dayes and diets as they most conveniently shall appoint at Edinburgh the fourth day of January next to come which is appointed to be the first diet of their meeting And ordaines these who are incarcerate to be cited personally and these who are out of the Countrey at the Mercat Crosse of
Commissioners to be nominate by the saids Lords of Secret Councell as said is for ordering the Commissars jurisdiction and clearing the bounds and limits thereof that there be no occasion of question betwixt them and other inferiour Judges with power to the saids Commissioners to regulate their judicatories and set down prices upon the Seales Testaments Summonds Acts Decreets and all other Writs concerning that Office to be taken by Commissars their Clerk or Procutor Fischall all quotes of Testaments being specially discharged to be exacted in any time comming and to settle and establish the fees of the Commissars of Edinburgh and for that effect to meet and conveen at Edinburgh the _____ day of _____ with power to them to appoint diets as oft as they shall think fit untill the said Commission take effect anent the particulars foresaid And whatsoever the saids Commissioners or their Quorum shal determine and conclude thereanent our Soveraign Lord with advice foresaid ratifies and approves and ordains the same to have the strength force and authoritie of an Act of Parliament ACT LXIII ACT DISCHARGING MONOPOLIES 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering the great hurt and prejudice sustained by sundry his Majesties lieges by the Monopolies used and exacted within this Kingdome and which have beene conferred to the use of any particular person or persons to the great hurt and prejudice of others his Majesties lieges and specially the gift for selling Tobacco granted to Sir James Lesley and Thomas Dalmahoy the Patent of the Lether granted to the Earle of Marre the Patent of Pearling granted to _____ Bannatine the Patent of Pearle granted to Robert Buchane the Patent of Armorie granted to Harrie Mauld Therefore our Soveraign Lord and Estates of Parliament by the tenour hereof annuls rescinds and simply discharges the particular gifts foresaids granted to the persons above written and all that may follow or hath followed thereupon And ordains the same and all other Patents of that nature purchast or to be purchast for the benefit of particular persons in prejudice of the publick to cease and be ineffectuall in all time comming ACT LXIV COMMISSION FOR MANUFACTORIES 16. November 1641. OUR Soveraign Lord and Estates of Parliament considering how necessary expedient and profitable the erecting and maintaining of Manufactories will be for this kingdome as well in keeping great quantities of money within the same which is now daily exported for wrought commodities as in setting poore ones on worke restraining of idle beggars increase of vertue and bringing of moneyes into the Countrey And this being a matter of so great goodnesse wished by every man and oft times aymed at to be brought to some perfection as witnesse many severall acts of Parliament acts of Convention and Councell especially King James the sixth his seventh Parliament cap. 113. Item King James 6. his 15. Parliament cap. 250. and 252. Item the acts of Councell May 1597. July 1600. November 1601. December 1601. May 1612. Octob. 1614. August 1616. July 1620. Feb. 1623. July 1623. Item the acts of Convention June 1605. November 1625. August 1626. yet the famine hath not as yet made any considerable progresse for want of cherishing entertainment and right order for prosecution thereof In consideration whereof His Majesty and Estates of Parliament being resolved to use all ordinar meanes for erecting cherishing and maintaining of Manufactories within this Kingdome And His Majesty with advice and consent foresaid being graciously pleased to grant all Liberties Priviledges and Immunities to the erectors thereof Therefore His Majesty and Estates foresaid gives grants and commits to these persons or Quorum thereof who shall be nominate by the Lords of secret Councell to whom the Kings Majesty and Parliament hereby gives the nomination of the saids Commissioners and Quorum thereof foresaid to the effect after specified full power warrant and commission to meet and conveen at Edinburgh or any other place or places at such dayes and times they or the said Quorum shall think fitting and there to consult advise and determine upon the best rules overtures and propositions and wayes for erecting and maintaining of the saids manufactories of all sorts With power to them or the said Quorum To call and conveen before and with them any person or persons who can give them information or assistance in the saids businesses As also with power to them or their said Quorum to appoint correction-houses in such parts of the Kingdome as they shall think most conduceable for the good of the saids Manufactories and restraint of idle and masterlesse beggars As also with power to them to prescribe rules and wayes for assisting supplying and maintaining of these who have already or shall during the time of this Commission erect and entertaine any of the saids Manufactories and to direct letters against masterlesse people and their receptars as well to burgh as land-ward commanding them to worke at such reasonable rates as the said Commissioners or Quorum thereof shall appoint With power likewise to them to make Corporations and to grant them priviledges conforme to the lawes of the Kingdome And sicklike his Majesty with advice foresaid out of his gracious favour and bountie doth hereby for the better encouragement to all these who have undertaken or shall undertake the erecting and maintaining of the saids Manufactories or any one thereof gives and grants to them the priviledges and immunities following viz. all Spanish and forraigne fine wool for making of fine cloth shall be custome free Item all litster ware oyle and others necessaries for the use of the saids workes allanerly shall be free of all Customes and Impost Item all parcels of cloth Seyes and others made by any who have erected or shall erect any of the saids works shall be Custome and Impost free for the space of fifteene yeares after the erecting thereof Item the workers of the saids works erected or to be erected shall be free of any taxation or imposition to be imposed on the Kingdome for any occasion by-gone or to come Item it shall not bee leasome to any in the Kingdome to hire reset or entertain any of the servants of the said works without consent of the Masters thereof ACT LXV COMMISSION BY THE KING AND Parliament to the Lords of secret Councell 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament Considering that his Majestie being now actually present in his royall person in this his native and ancient Kingdom and willing before his returne to England where his Majesties more ordinat residence hath been heretofore and will apparently be in time coming to leave behind him such a pledge and testimony of his tender respect royall care and fatherly affection for establishing the good and happie governement of this his Majesties ancient Kingdome as in some measure may supply the want of his royall presence amongst them Hath to this effect out of his native goodnesse condescended