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A58642 The laws and acts of the second Parliament, of our most high and dread soveraign, Charles the Second by the grace of God, King of Scotland, England, France and Ireland, defender of the faith begun at Edinburgh, the 19. of October, 1669. By a noble Earl, John Earl of Lauderdail, Viscount Maitland, Lord Thirlestane, and Bolton, &c. His Majesties Commissioner for holding the same, by vertue of a commission under His Majesties Great Seal of this kingdom: with the special advice and consent of the Estates of Parliament. Extracted from the records of Parliament, be Sir Archibald Primerose of Chester, knight and barronet, clerk to His Majesties Council, Registers and Rolls.; Acts. Scotland.; Primrose, Archibald, Sir, 1616-1679. 1679 (1679) Wing S1272; ESTC R217871 33,600 49

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other persons therein mentioned the saids Lords by their Decreet foresaid have reduced the Contracts Dispositions Infeftments Acts of dissolution and other Rights therein mentioned made and granted by His Majesty and his Royal Father to and in favours of the diseased William Earl of Morton Grandfather to William now Earl of Mortoun and the said George Viscount of Grandistoun of the said Earldom of Orknay and Lordship of Zetland with the Rights also therein mentioned depending thereupon And the saids Lords have found and declared that His Majesty hath good and undoubted Right to the said Earldom and Lordship as His annexed property for the reasons therein contained as the said Decreet at length proports Therefore His Majesty with advice and consent of the Estates of Parliament doth Ratifie and Confirm the said Decreet and Ordains the same to be of full force strength and effect in all time coming holding and willing this their Ratification to be alssufficient and effectual as if the said Decreet and whole tenor of the same were insert herein And His Majesty following the laudable example and practice of His Royal Predecessors doth with consent foresaid Ratifie the said former Annexation of the same to the Crown and without prejudice thereof doth of new again unite annex and incorporate to His Crown of this His ancient Kingdom to remain inseparably with the same in all time coming the said Earldom of Orknay and Lordship of Zetland with all and sundry Isles Holmes Udal-lands and other Lands whatsoever of what name and by what designation soever the same are or may be known lying within the Sheriffdom of Orknay and pertaining to the said Earldom and Lordship and belonging to His Majesty in manner foresaid in Property or Superiority or by any other Right or Title together with all Castles Towers Fortalices Milns Multars Fishings Annual-rents Reversions Patronages of Kirks and Teinds Parsonage and Vicarage pertaining to His Majesty within the bouds foresaid And all and whatsoever Mines of Gold Silver Copper and other Minerals within the foresaid bounds with the heretable Office of Justiciary Sheriffship and Foudrie and Admiralty within the foresaid Isles and belonging to the said Earldom and Lordship with all other Parts Pendicles and Pertinents Casualities Priviledges Juriselictions Offices and others whatsoever pertaining to the same All which His Majesty with consent foresaid doth unite and annex to His Crown Declaring the generality foresaid to be sufficient to the intent and effect foresaid as if each Part Parcel Pertinent Office Patronage or Priviledge belonging to the said Earldom and Lordship were herein exprrst And it is Statute and Declared That the said Earldom and Lordship Lands Teinds and others above-mentioned annexed to the Crown in manner foresaid shall remain therewith in all time coming and that the same or any part thereof shall nor not may be given away in Fee and Heretage nor in Frank-tenement Life-rent Pension or Tack except for the full duty which may be gotten from and payed by the Tennents nor by any other manner of Alienation Right or Disposition whatsoever to any person or persons of whatsoever estate degree or quality they be without advice Decreet and Deliberation of the whole Parliament and for great weighty and reasonable causes concerning the good welfare and publick interest of the whole Kingdom first to be proposed and to be advised and maturely pondered and considered by the Estates re integra before any previous Grant Right or Deed be given made or done by His Majesty or His Successors concerning the disposition of the said Earldom and Lordship or any part thereof which may any wayes predetermine them or the Estates of Parliament and prejudge the freedom of their Deliberation and Consent And if at any time hereafter it shall be thought fit to dispone or grant any Right of any part of the said Earldom and Lordship It is Declared that the general narrative of good services weighty causes and considerations shall not be sufficient but the particular causes and considerations whereupon His Majesty and His Successors may be induced to grant and the Estates to consent to such Rights are to be exprest that it may appear that the same is not granted through importunity or upon private suggestions or pretences but for true just and reasonable causes and considerations of publick concernment And farther it is Declared that if any general Act of Dissolution of His Majesties property shall be made at any time hereafter The said Earldom and Lordship and others above-mentioned and annexed shallnot be understood to fall or be comprehended under the same And if the said Earldom and Lordship or any part thereof shall be annallied or disponed or any Right of the same shall be granted otherwayes then is appointed and ordained in manner above-mentioned His Majesty with consent foresaid doth statute and declare That all Dispositions Infestments and other Rights of the said Earldom and Lordship or any part thereof which shall be granted contrary to this present Act with all Acts of dissolution and Ratification and other Acts of Parliament concerning the same shall be from the beginning and in all time coming void and null and of no effect And notwithstanding thereof that it shall be lawful to our Soveraign Lord and His Successors for the time to take back and receive at their pleasure for their own use without any Process of Law the Lands and others above-annexed or any part thereof which shall be annallied or disponed and these in whose favours any such Rights and Alienations shall be made shall be countable for and lyable to refound and pay all profits intromission or benefit taken uplifted or enjoyed by them in the mean time And it is Declared That all other Clauses Articles and Provisions contained in any former Act or Acts of Annexation to the advantage of His Majesty and His Crown are and shall be holden as repeated and insert herein And farther His Majesty with advice and consent of the Estates foresaid hath suppressed the said Office of Sheriffship and hath erected and hereby erects a Stewartry within the bounds foresaid of the said Earldom and Lordship and Isles of Orknay and Zetland to be called in all time coming The Stewartry of Orknay and Zetland Ordaining the Tenents Possessors and Inhabitants within the bounds foresaid and other persons who were formerly answerable and lyable to the jurisdiction of Sheriffship and Foudrie above-mentioned to be answerable to His Majesties Stewart of the said Stewartry with all Priviledges competent to any Stewartry of His Majesties Property within this Realm Likeas it is Declared and Statute that the foresaid Office of Stewartry shall not be given heretably to any person or persons and their heirs without advice and consent of Parliament in manner above mentioned and all Rights of the same which shall be granted otherwayes at any time hereafter shal be from the beginning and in all time coming null and void It is alwayes Declared that this Act and
Annexation foresaid shall not prejudge the Bishop of Orknay of his Patrimony and Priviledges belonging to him or of any part thereof and that he and his Successors shall be in the same case as they were before the making hereof And likewayes it is Declared that the Annexation foresaid and the suppressing of the said Office of Sheriff and the erecting of the said Stewartry shall be without prejudice to his Majesties Vassals within the said Isles of their Liberty and Priviledge to have and send Commissioners to Parliament to represent them in the same manner as they did or might have done formerly XIV ACT concerning the exportation of Corns December 17. 1669. OUR Soveraign Lord considering that by the eleventh Act of the third Session of His Majesties late Parliament liberty is granted to export Corns of all sorts when they are under the prices following viz. Ilk Boll of Wheat under twelve pounds the Boll Beer and Barley under eight pounds the Boll Oats and Pease under eight merks the Boll And seeing by reason of several Duties formerly imposed upon Corns the exportation thereof hath been hitherto obstructed And his Majesty being desirous for the good of this His ancient Kingdom to give all due encouragement to the export of Corns and to remove every thing which may impede the same Hath therefore thought fit Likeas His Majesty with advice and consent of His Estates of Parliament doth Statute and Declare That all Corns which shall be exported in time coming by His Majesties subjects forth of this Kingdom shall be free and are hereby discharged of the payment of Custom Bullion and all other Duties whatsoever except one Merk scots allenerly for ilk Chalder And lest any considerable prejudice should thereby ensue to His Majesties Customs it is Statute and Ordained That the Duties after-mentioned are and shal be imposed upon the Commodities following viz. Ten shillings scots upon ilk Barrel of Tar and twenty shillings scots upon ilk Tun of Iron imported into this Kingdom and that over and above all former Impositions put thereon and the Customers Collectors and their deputies are hereby appointed and impowered to uplift the same accordingly And for preventing any debates that may arise anent the respective prices of the Victual when the same are under or above the rates exprest in the said Act His Majesty with advice foresaid doth recommend to and authorizeth the Lords of Privy Council to determine the same And Declares that it shall be lawful to His Majesties Subjects to export Corns of all sorts unless by a Proclamation or publick Intimation from the saids Lords of Council they be prohibited and discharged to do the same And Ordains this Act to begin and take effect upon the second day of February next to come XIV ACT for regulating the prices of Ale and Drinking-beer and Maltmen December 23. 1669. OUR Soveraign Lord considering that it is most agreeable to reason and equity and of universal concernment to all His Majesties Subjects and specially to those of the meaner sort that a due proportion be observed betwixt the price of the Boll of Beer and the Pint and other measures of Ale and Drinking-Beer vented and sold within this Kingdom that thereby the liberty taken by Brewars and Vintners to exact exorbitant prices for Ale and Drinking-beer at their pleasure may be restrained Therefore His Majesty with advice and consent of His Estates of Parliament doth recommend to and authorize the Lords of His Majesties Privy Council from time to time after consideration had of the ordinary rates of Rough-Beer and Barley for the time to regulate and set down the prices of all Ale and Drinking-Beer vented and sold in the several Shires and Burghs of the Kingdom as they shall think just and reasonable And likewayes to set down a Table of proportion betwixt the weight and price of all Bread made of Wheat and the price of the Boll of Wheat in like maner as betwixt the price of the Ale and the Boll of Beer With power to the saids Lords of Council to make and emit such Acts Orders and Directions in relation to the prices of Ale and Drinking-Beer and weight and prices of Wheat-bread and to inflict such censures pains and penalties upon the contraveeners of these Acts and Orders as they shall think fit and to do all other things requisite for execution of the same And in case after settling of the saids prices by the Lords of Council any Brewar shall cease from and give over their brewing or venting of Ale or Beer His Majesty with advice foresaid Declares that they shall not be permitted or allowed to brew or vent any Ale or Beer for the space of one year thereafter and shal be further lyable to such pains and punishments as the Lords of Council shall think fit And further His Majesty taking to consideration that by the twenty ninth Act of the first Parliament of King James the sixth Maltmen are declared to be no Craft and discharged to have a Deacon Which Act of Parliament His Majesty with advice foresaid Ratifies and Approves and Ordains the same to stand in full force and effect in all time coming And that notwithstanding of the said Act and expresly contrair thereto The Provost and Council of Edinburgh have by their Act dated the eleventh of March one thousand six hundred and fourty six ranked Mastmen amongst one of their Trades and Callings discharged any to be admitted thereto within their B●●●ony of Leith but by their Licence with consent of the Calling and have constitute a Box-master amongst them and granted liberty to them to meet and keep correspondence providing the Water-Bailiff be present with them Therefore His Majesty and Estates of Parliament not only Declares the said pretended Act of the Council of Edinburgh to have been null and void from the beginning and Ordains the same to be razed out of their Registers but discharges the said Town or any other Burgh within the Kingdom ever to presume to do the like again And Ordains the said Box to be broken and the Office of Deacon Visitor Box-master or any other pretending to the like power and the pretended Calling or Incorporation and Society of Brewars or Maltmen to cease at Leith and in all other Burghs Towns and Places in the Kingdom With certification that if they shall be found hereafter to meet and keep correspondence amongst themselves upon whatsoever pretence either at Leith Edinburgh or in any other Burgh Town or Place ilk person so meeting shal be lyable in the penalty of five hundred Merks toties quoties whereof the one half to be payed to the informer he proving the same before the Council and this by and attour such personal punishment as the Lords of Privy Council shall think fit to inflict XVI ACT for repairing High-wayes and Bridges December 23. 1669. OUR Soveraign Lord considering how necessar it is for the good of the people that High-wayes be made and maintained
THE LAWS AND ACTS OF THE SECOND PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh the 19. of October 1669. By a Noble Earl John Earl of Lauderdail Viscount Maitland Lord Thirlestane and Bolton c. His Majesties Commissioner for holding the same by vertue of a COMMISSION under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted from the Records of Parliament be Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His Majesties Council Registers and Rolls Edinburgh Re-Printed by the Heir of Andrew Anderson Printer to the Kings Most Excellent Majesty Anno Dom. 1679. CVM PRIVELEGIO CR HONI SOIT QUI MAL Y PENSE LAWS and ACTS made in the second PARLIAMENT our our most High and Dread Soveraign CHARLES the Second by the Grace of GOD King of Scotland England France and Ireland Defender of the Faith I. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical November 16. 1669. THe Estates of Parliament having seriously considered how necessar it is for the good and Peace of the Church and State That His Majesties Power and Authority in relation to Matters and Persons Ecclesiastical be more clearly asserted by an Act of Parliament Have therefore thought fit it be Enacted Asserted and Declared Likeas His Majesty with Advice and Consent of His Estates of Parliament do hereby Enact Assert and Declare That His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom and that by vertue thereof the Ordering and Disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors as an inherent Right to the Crown And that His Majesty and His Successors may Settle Enact and Emit such Constitutions Acts and Orders concerning the Administration of the External Government of the Church and the Persons imployed in the same and concerning all Ecclesiastical Meetings and Matters to be proposed and determined therein as they in their Royal Wisdom shall think fit Which Acts Orders and Constitutions being recorded in the Books of Council and duly published are to be observed and obeyed by all His Majesties Subjects any Law Act or Custom to the contrary notwithstanding Likeas His Majesty with Advice and Consent foresaid doth Rescind and Annull all Laws Acts and Clauses thereof and all Customs and Constitutions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacy as it is hereby asserted And declars the same void and null in all time coming II. ACT concerning the Militia November 16. 1669. FOrasmuch as by divers ancient Laws an Acts of Parliament made in the Reigns of His Majesties Royal Ancestors it is Statute and Ordained That Weapon-showings be holden in ilke Shire several times in the year at which the Lieges are appointed to be harnished and armed according to their qualities and degrees as at length is specified in these Acts. And it being declared by the fifth Act of the first Session of His Majesties late Parliament That it is His Majesties Prerogative-Royal and undoubted Right to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwayes disposing thereof as He shall think fit As also the Estates of Parliament of this Kingdom in recognisance of His Majesties Royal Prerogative foresaid and in a further acknowledgement of their duty Having by the twenty fifth Act of the last Session of the foresaid Parliament made offer to His Majesty of twenty thousand Footmen and two thousand Horsemen sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportion exprest in that Act to be in readiness as they shall be called for by His Majesty to march to any part of His Dominions of Scotland England or Ireland for any service wherein His Majesties Honour Authority or Greatness may be concerned And His Majesty finding it expedient that the foresaid number of Foot and Horse should be modelled and trained in military discipline to the effect they might be in greater readiness and fitness for His Majesties Service when they should be called for Having by advice of His Privy Council constituted and settled a Militia of Horse and Foot in many Shires of the Kingdom according to the proportions mentioned in the foresaid Act and in some other Shires a Militia of Horse only having thought fit in this exigent for important reasons to change their Foot into a proportion of Horse suteable to the charge of their proportion of Foot And having nominated and appointed the Collonels and Lieutenant-Collonels of Foot and Captains of Horse And the Lords of Prvy Council having by His Majesties Order and Warrand appointed Commissioners of the Militia in the several Shires ordered the election of the inferiours Officers appointed particular dayes of Rendezvous the way of listing of Foot-souldiers ordered fit allowances to be given to the Foot and Horsemen every day of the Rendezvous That Collours Standarts Drums and Trumpets be provided at the charge of the Shire and having given several other Orders and Instructions concerning the ordering and disposing of the Militia The Estates of Parliament do in all duty acknowledge His Majesties singular Wisdom and tender Care of this His ancient Kingdom in constituting and settling the foresaid Militia Likeas His Majesty with advice and consent of His Estates of Parliament doth Ratifie and Approve the constitution and model of the Militia as the same is established by His Majesty with advice of His Privy Council And particularly their appointing dayes for Rendezvous ordering fit allowances to be given to the Foot and Horsemen the saids dayes of their Rendezvous And all Acts Commissions Orders and Instructiones past and emitted by the Council concerning the Militia and their whole proceedings relating thereto And Statutes and Ordaines that in all time coming there be allowed to each Footman six shillings Scots and to each Horseman eighteen shillings Scots every day of the Rendezvous to be payed be the Heretors And that the said six shillings to be payed to the Footmen be refounded to the Heretors by the men-tennents and servants for whom the Footmen are put out and who are not listed in the Militia And also Statutes and Ordaines that the Rendezvous be punctually keeped that Horse and Foot be duely outreiked and sufficiently armed that Fractions with their proportions of the price of the Collours Drums Standarts and Trumpets be timeously payed Likeas His Majesty with advice foresaid doth give power and warrand to the Commissioners of the Militia in the respective Shires to fine parties for the Souldiers absence from the Rendeizvous not exceeding six pounds Scots for the Horsemen and two pounds Scots for the Footman absent
for ready and easie Passage Travel and Traffick through the Kingdom and that the care thereof which hath been laid upon the Justices of Peace hath yet for the most part proven ineffectual in regard the saids Justices have not had special Orders and Warrands for that effect For remeid whereof His Majesty with advice and consent of the Estates of Parliament Doth Appoint and Ordain the Sheriff of the Shire and one of his Deputies being alwayes an Heretor therein and the Justices of Peace in each Shire to conveen at the head Burgh of the Shire upon the first Tuesday of May yearly for ordering of High-wayes Bridges and Ferries With power to them or major part of them that shall happen to conveen to set down a particular List of the High-wayes Bridges and Ferries within their bounds and to divide the Paroches of the saids bounds as they lye most to the several High-wayes to be repaired and as they may have the most equal burden and to appoint such of their number or other Overseers of such parts and portions of the saids High-wayes as are most convenient and nearest to their ordinary residence and to nominate such of their number as they see fit to survey and give an account of the High-wayes Bridges and Ferries unto the rest with power to them to appoint Meetings from time to time till the said Survey List and Division of the saids High-wayes be closed Which persons or any one of them to whom the particular portions of the saids High-wayes shall be committed are hereby authorized and strictly required to call and conveen all Tennants and Cottars and their Servants within the bounds appointed for their parts of the High-wayes by publick intimation at the Paroch-Kirks upon the Sabbath day immediatly after the first Sermon or any other way that they shall think fit to have in readiness Horses Carts Sleds Spades Shovels Picks Mattocks and such other instruments as shall be required for repairing of the saids High-wayes and to conveen at such places thereof as they shal be required and in such proportion and with such furniture as the saids Justices or Overseers shall appoint and that in the most equal and proportionable way as the saids Justices and Overseers will be answerable With power to them to design such of the saids persons as they find to be most skillful to attend and direct the rest and to appoint them fit Wages for their attendance providing that the dayes they are required to work do not exceed the number of six dayes for Man and Horse yearly for the first three years and four dayes yearly thereafter and that they be only betwixt the Bear-seed yearly and Hay-time or Harvest thereafter With power to the saids Justices or Overseers to poind the readiest Goods of the absents for twenty shillings Scots money for the absence of ilk Man daily and thirty shillings for the Man and Horse without further solemnity but apprising the same upon the ground of the Land and therewith to hire others in place of the absents and in case the saids absents shall have no poindable Goods to punish them in their persons as they shall see cause Which High-wayes shall be twenty foot of measure broad at least or broader if the same have been so of before and shall be so repaired that Horses and Carts may travel Summer and Winter thereupon and if any part of the saids High-wayes cannot well be continued as now they are but require to be changed the saids Justices shall appoint three of their number to visit the places where the High-wayes need to be changed and to set down Meiths for the new Way in place thereof and upon Oath to estimate the damage of the parties prejudged thereby and to deliver the same to them in writing under their hands to the effect the same may be satisfied by the whole Shire in manner after-specified Which Justices are Ordained again to conveen at the head Burgh of the Shire the first Tuesday of June yearly and thence every Tuesday from fourtnight to fourtnight at such places as shal be by them appointed during the Moneths of June and July for three years next ensuing for taking account of the said several Justices and Overseers of the respective proportions of High-way committed to them and to fine those Justices and Overseers who shal failȝie still increasing the saids fines till they give obedience and perform their part and to poind therefore upon the ground of the Lands where their Goods shall be found without further solemnity With power also to the saids Justices to visit the Ferries in their Shire and where the Ferries ly betwixt two Shires that they correspond with the Justices of the other Shire to the end they may appoint fit and sufficient Boats and convenient Landing places and so to regulate all things concerning the Ferries as His Majesties Lieges may be readily and conveniently served and at reasonable rates and to punish all such as shall neglect or transgress the Rules set down by them to the effect foresaid And because the work of the inhabitants within the several bounds will not be able sufficiently to repair the High-wayes and others foresaid Therefore His Majesty with advice and consent of the said Estates doth hereby authorize and require the whole Free-holders and Heretors of the several Shires to conveen at the respective head Burghs the said first Tuesday of June yearly and to call for an accompt from the Justices of Peace of what is needful for reparation of the High-wayes and others foresaid and what charges and expenses is requisite for promoving thereof and for making or repairing Bridges and Ferries where they shall be found needful and accordingly to stent the Heretors of the said Shire comprehending the Heretors of the Burroughlands therein in what shall be found necessary for the effect foresaid not exceeding ten shillings Scots upon each hundred pound of valued Rent in one year which is to be uplifted be the saids Justices or whom they shall appoint be poinding as said is and imployed for the use foresaid and of which they shall be oblieged to give an accompt to the saids Heretors at the next Michaelmas head Court yearly Likeas His Majesty with consent foresaid prohibits and discharges all persons whatsoever to break or abuse the saids High-wayes by plowing up any part thereof laying stones rubbish or dung thereon or any way breaking or pooling the same or turning in or damming water thereupon and Ordains the Conveener of the saids Justices at their meeting the said first Tuesday of May yearly to take an Oath of the remanent Justices and of the Constables of what damage they know done to the High-wayes Bridges or Ferries since the year preceeding in any of the foresaid particulars prohibited or any other and by whom Upon which the saids Justices shall conveen the transgressors and in case of conviction by oath or witness shal fine them as they shal see just and shall