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
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
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
them against all such as by any meanes endeavour to shake or subvert the same THEREFORE We under-subscribers and every one of Us do in the presence of almightie God promise and vow That in this present Parliament We shall faithfully and freely speak answer and expresse our selves upon all and every thing which is or shall be proponed so farre as we think in our conscience may conduce to the glorie of God the good and peace of the Church and State of this Kingdome and imploy our best indeavours to promove the same And shall in no wayes advise voyce nor consent to any thing which to our best knowledge we think not most expedient and conduceable thereto as also that we shall maintaine and defend with our Life Power and Estate His Majesties Royall Person Honour and Estate as is exprest in our Nationall Covenant And likewise the Power and Priviledges of Parliament and the lawfull Rights and Liberties of the Subjects and by all good means and wayes oppose and indeavour to bring to exact tryall all such as either by force practise counsell plots conspiracies or other wayes have done or shall do any thing in prejudice of the puritie of Religion the Laws Liberties and Peace of the Kingdome And further that we shall in all just and honourable wayes indevour to preserve union and peace betwixt the three Kingdomes of Scotland England and Ireland and neither for hope feare nor other respect shall relinguish this vow and promise Read in audience of the Kings Majestie and the Estates of Parliament who approve the same and appoint the said oath to be taken by all members of this Parliament and in all Parliaments hereafter before they proceed to any act or determination ACT VI. ACT ANENT THE RATIFICATION OF The Articles of the Treatie superscribed by the King and subscribed by the President of the Parliament August 26. 1641. OUR Soveraign Lord and Estates of Parliament Ratifies and approves the 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 of Scotland and England And for his Majestie and his successours perpetually confirmes the same ordaining the same in all time comming to have the full force and strength of perfect security lawes and acts of Parliament Like as his Majesty for Himself and his Successours promiseth in verbo Principis never to come in the contrary thereof for any thing therein contained but to hold the same firme and stable and shall cause it to be truly observed by all his Majesties Lieges according to the tenour intent thereof for now ever Wherof the tenour followes WHereas by his Majesties Royall Wisedome and Princely care of the Peace and Happinesse of his Majesties Dominions a Treaty hath beene appointed for removing of all differences raised betwixt the two Kingdomes and betwixt the King and his Subjects of Scotland and for setling and assuring a firme and blessed Peace for all time to come and a Commission hath been given under the great Seale of England with approbation of both Houses of Parliament bearing date 23. of November in the 16. yeare of his Majesties raigne and in the words following CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith c. To our Right trusty and right welbeloved Cousins Francis Earle of Bedford William Earle of Hartford Robert Earle of Essex And to our right trusty and right welbeloved Cousin and Councellour William Earle of Salisbury And to our right trusty and right welbeloved Cousin Robert Earle of Warwick And to our right trusty and right welbeloved Cousin John Earle of Bristoll And to our right trusty and right welbeloved Cousin and Counsellor Henry Earle of Holland And to our right trusty and right welbeloved Cousin and Councellour Thomas Earle of Berks And to our right trusty and welbeloved Philip Lord Wharton William Lord Paget Edward Lord Kimbalton Robert Lord Brooke John Lord Paulet Edward Lord Howard of Estrick Thomas Lord Savil and Francis Lord Dunsmore Greeting Whereas divers of our Subjects of Scotland have by their severall Petitions humbly besought us that we would be gratiously pleased to grant unto them certaine Demands we reposing especiall trust and confidence in your great wisedomes and fidelities have named assigned and appointed you and by these presents doe name assigne and appoint you to be our Commissioners and doe hereby give and grant unto you or any ten or more of you full power and authority to treat with John Earle of Rothes Charles Earle of Dumfermling John Lord Loudoun Sir Patrick Hepburne of Wauchton Sir William Douglas of Cavers William Drummond of Riccarton John Smith Baily of Edinburgh Alexander Wedderburne Clerke of Dundy Hugh Kennedy Burgesse of Air Alexander Hendersone and Archibald Johnstoun or any of them Or any other deputed or to be deputed by our said Subjects of Scotland or nominated on their behalfe and to take into your serious consideration the said Demands and compose conclude and end all differences arising thereupon Or otherwayes as you or any ten or more of you in your wisedomes shall thinke fit And whatsoever you our Commissioners aforesaid or any ten or more of you shall doe in the premisses We doe by these presents ratifie and confirme the same In witnesse whereof We have caused these our Letters to be made Patents Witnesse our selfe at Westminster the three and twentieth day of November in the sixteenth yeare of our Raigne Per ipsum Regem AND IN LIKE MANNER A COMMISSION hath beene granted by the Committees of the Parliament of Scotland bearing date the last of October and the 4 day of November 1640. and in the words following WEe the Commissioners of the Parliament of Scotland being a full number of both the Quorums thereof under-subscribing Forsomuch as the Kings Majesty our dread Soveraign hath been graciously pleased upon our humble supplications to appoint a Treaty and Conference at Rippon betwixt our Commssioners chosen and sent by Us for that effect and a number of the Peeres of England who accordingly met and have accorded upon certain Articles as well anent the maintenance of our Armie as anent the cessation of Arms during the Treatie And because the time for the ensuing Parliament of England could not permit the Treaty to come to the wished conclusion there his Majestie was therefore likewise pleased to trans-ferre the said Treatie to London where the said Parliament is to hold that there these entrusted by his Majestie and Estates of Parliament may have the better time and place to treat and conclude thereanent Therefore Wee the said Commissioners being a full number of both Quorums thereof under-subscribing by vertue and conforme to the Commission granted to us by the Estates of Parliament doe not onely approve the said Articles already agreed upon and subscribed by our said Commissioners at Rippon but also doe by these presents give full power warrant
shall not passe but according to the intrinsick value thereof with the allowance of a tenth part or such a proportion as the Parliament shall think fit to allow for the impression and workmanship in coyning His Majesty is graciously pleased to recommend to the ensuing Parliament of Scotland the whole matter of copper coine and remits to their consideration to take such order therein as they shall thinke fitting not onely concerning the copper coine to be coyned hereafter but also the copper money already coyned how the same shall take vent and passe in payment in time comming Conforme to the paper of the ninth of June 1641. CONCERNING AN ACT OF Pacification and Oblivion IT is agreed unto that in the approaching Parliament of Scotland there shall be an Act of Pacification declaring that the late commotions and troubles arising from the innovations of Religion and corruption of Church Government by the mercy of God and the Kings Royall wisdome and Fatherly care are turned into a quiet calme and comfortable Peace lest either his Majesties love or the constant loyalty of his Subjects in their Intentions and Proceedings be hereafter called in question and that such things as have falne forth in these tumultuous times while Lawes were silent whether prejudiciall to his Majesties Honour and Authority or to the Lawes and Liberties of the Church and Kingdome or to the particular interest of the Subject which to examine in a strict court of Justice might prove an hinderance to a perfect peace may be buried in perpetuall Oblivion So it is expedient for making the Peace and Unitie of his Majesties Dominions the more firme and faithfull and that his Majesties countenance against all feares may shine upon them all the more comfortably that an Act of Pacification and Oblivion be made in the Parliaments of all the three Kingdomes for burying in forgetfulnesse all Acts of hostility whether between the King and his Subjects or between subject and subject or which may be conceived to arise upon the coming of any English Army against Scotland or coming of the Scottish Army into England or upon any Action Attempt Assistance Counsell or Advise having relation thereunto and falling out by the occasion of the late troubles preceding the conclusion of the Treaty and the return of the Scottish Army into Scotland That the same and whatsoever hath ensued thereupon whether trenching upon the Lawes and Liberties of the Church and Kingdom or upon his Majesties Honour and Authority in no time hereafter may be called in question nor resented as a wrong Nationall or Personall whatsoever be the quality of the person or persons or of whatsoever kind or degree Civill or Criminall the injury is supposed to be and that no mention be made thereof in time coming neither in judgment nor out of judgment But that it shall be held and reputed as though never any such thing had been thought nor wrought And this to be extended not onely to all his Majesties subjects now living but to their Heires Executors Successours and all others whom it may concerne in any time to come And for that end that by the tenour of this Statute all Judges Officers and Magistrates whatsoever be prohibited and discharged of directing of Warrants for citation processing or executing any sentence or judgment upon Record or any way molesting any of his Majesties lieges concerning the premisses in all time coming Like as that his Majestie for himselfe and his Successours promiseth in verbo Principis never to come in the contrary of this Statute and Sanction nor any thing therein contained but to hold the same in all points firm and stable And shall cause it to be truly observed by all His Majesties Lieges according to the tenour and intent thereof for now and ever And that in all time coming these presents shall have the full force and strength of a true and perfect security as if they were extended in most ample and legall forme Providing that the benefit of the said Statute shall no wayes be extended to any of the Scottish Prelates or to John Earl of Traquair Sir Robert Spotswood Sir John Hay and Master Walter Balcanquall cited and pursued as Incendiaries betwixt the Kingdomes and betwixt the King and his People and for bribery corruption and many other grosse crimes contained in their charges generall and speciall nor to any other persons who are cited and shall be found by the Parliament of Scotland in his Majestie or his Commissioners their owne hearing to be so extraordinarily guilty of these and the like crimes as they cannot in justice and with the honour of the King and Countrey passe from them Provided further that the benefit of this Act shall not bee understood to extend to the favour of Theeves Robbers Murtherers Broken men Sorners Out-lawes nor their Receptors With reservation also of the legall pursuits and processes of the Scots in Ireland for the reparation of their losses according to justice against such who have illegally wronged and persecuted them since by one of the Articles of the Treatie they are appointed to be restored to their means and estate It is also to be understood that nothing is meant hereby to be done in prejudice either of the payment of the debts owing upon promise or security by the Scottish Army to any of the Counties or to any person there the same being instructed before the removall of the Scottish Army or of the Arrears due to the Scottish Army or to that brotherly assistance granted them by the Parliament of England That the great blessing of a constant and friendly conjunction of the two Kingdomes now united by alleageance and loyall subjection to one Soveraigne and Head may be firmly observed and continued to all Posterity it is agreed that an Act be past in the Parliament of England that the Kingdomes of England or Ireland shall not denounce nor make warre against the Kingdome of Scotland without consent of the Parliament of England As on the other part it shall be enacted there that the Kingdome of Scotland shall not denounce nor make warre against the Kingdoms of England or Ireland without consent of the Parliament of Scotland No ships either of the Kings or Free-booters or others shall stop the trade of the Kingdome or hinder or harme their neighbour Kingdome without consent of Parliament declaring a breach of Peace And if any armies shall be levied or trade stopped and Neighbours harmed or wronged the States of the Countrey by which it is done to be obliged to pursue take and punish the offenders with all rigour And if any of the Kingdomes assist receive or harbour them they are to be punished as breakers of the Peace And if after complaint and remonstrance to the Commissioners after mentioned and to the Parliament redresse and reparation be not made then and in that case the same to be counted a breach of the Peace by the whole Kingdome And in case any of the subjects of
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
tryall and censurethere so that the same be reciprocall to both Nations but other Criminalls and Debts to be referred to the Laws THE PROPOSITIONS AND ARTICLES Given in by the Scots Commissioners after the Lord Loudoun his return from the Parliament of Scotland THat the Treatie of Peace may bee brought to a speedy and happy close wee did offer to your Lordships consideration the particulars following 1 That so soone as the Scottish Army shall remove out of England to Scotland the English Garrisons of Barwick and Carlile should remove simul semel 2 Lest Malefactors who have committed Theft Murther and the like crimes crave the benefit of the Act of Pacification and Oblivion for whom it is no wayes intended there would be an exception from the said Act of all Legall pursuit intended or to be intended within the space of an yeere after the date of the Treaty Again all Theeves Sorners Out-laws Fugitives Murtherers Broken men or their Receptors for whatsoever Theft Reifs Harships Oppressions Depredations or Murther done or committed by them and all lawfull Decrees given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to dignosce and take cognition whether the same fals within the said Act of Pacification and Oblivion or not 3 It is desired that the demand concerning the not making or denouncing of warre with Forraigners without consent of both Parliaments may be condescended unto by the King and Parliament of England which is ordinary and universally observed in all mutuall Leagues which are both defensive and offensive And because the wars denounced by one of the Kingdomes with Forraigners although made without consent of the other Kingdome will ingage them by necessary consequence or if the consideration of that Proposition shall require longer time then the present condition of the important affaires of the Parliament may permit and lest the speedie close of the Treaty bee thereby impeded It is desired that this Demand with the two other Articles of the same nature the one concerning Leagues and Confederations and the other concerning mutuall supply in case of forreigne invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have power to treat and advise there upon for the good of both Kingdomes and to report to the Parliaments respectivè 4. It is desired That the Articles concerning Trade and Commerce Naturalization mutuall Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England And namely that demand about the pressing of ships or men by Sea or Land Or if shortnesse of time and exigencie of affaires may not permit the present determination of these Demands It is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof for the good of both Kingdomes And to make report to the Parliaments respectively And that the Charters or Warrants of the Scottish Nation for freedome of shipping in England or Ireland from all Customes Imposts Duties and Fees more then are payed by the Natives of England and Ireland granted by King James under the broad Seal of England upon the eleventh of April the thirteenth yeere of his Reigne and confirmed by King Charles the nineteenth of April the eighth yeere of his Reigne may be ratified and enacted in the Parliament of England 5. That the extracts of Bands and Decreets put upon Record and Register in Scotland may have the like faith and execution as the French Tabelliones have in England or Ireland seeing they are of alike nature and deserve more credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments 6. The manner of safe conduct for transporting the money from England to Scotland by Sea or Land would be condescended upon in such a way as the charges be not exorbitant 7. The tenour of the Commission for conserving of peace would be condescended unto together with the times and places of meetings and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make like Commission and name their Commissioners for that effect 8. The Parliament of Scotland doe joyne their earnest hearty desire and crave the Parliament of Englands concurrence that none be in place about the Prince his Highnesse but such as are of the reformed religion 9. That an Act of Parliament of publike faith for payment of the 220000. pounds of the brotherly assistance which is arrear may be presently framed and expedited according to the termes agreed upon 10. It is desired that the Quorum to whom the Scots should addresse themselves for payment of 220000. pounds be condescended upon 11. That the order for recalling all Proclamations c. made against his Majesties subjects of Scotland be drawn up and intimated in due forme and time with the publick thanksgiving at all the Parish Churches of his Majesties Dominions 12. It is desired that the Articles concerning the Castle of Edinburgh and other strengths of that Kingdom may be understood to be that the same shall bee disposed of for the weale of the Kingdome as the King and Parliament shall think expedient THE ENGLISH LORDS COMmissioners answer THat upon the disbanding of the Scottish Army the Garrisons of Barwick and Carlile shall be removed according to the Article of the Treatie on that behalfe The second Article is condescended unto according to the provision added to the Act of Oblivion and Pacification 3.4.5.6 The third demand concerning the making of war with forreigners with the other two Articles concerning Leagues and Confederations and concerning mutuall supply and assistance against forraine invasion is agreed to be referred to Commissioners to be chosen by his Majesty and the Parliaments As likewise the 4.5 and 6. Articles concerning Trade Commerce Naturalization mutuall priviledge and capacity and others of that nature and the demands concerning the extracts of Bands and Decreets and the maner of safe conduct for transporting of moneys from England to Scotland are all referred to be taken in consideration by the Commissioners to be appointed by both Parliaments who shall have power to advise and treat thereupon and report to the Parliaments respectively 7 It is just that the tenour of the Commission for conserving of peace should be agreed upon by mutuall consent but the closing of the treaty not to stay hereupon but to be left to the Commissioners to be named 8 To that desire concerning such as should be placed about the Prince the King hath already given a cleere and satisfactory answer 9 That there be an Act of Parliament of publike faith for securing the paiment of 220000 pounds which is
places shall happen to vake and must be provided in the intervall betwixt Parliaments his Majestie will choose and nominate Officers of State and Counsellours with the advice and approbation of the Councell all that number being warned upon 15. daies calling to meet thereanent and most part of the whole consenting And in like manner the Sessioners with the advice and approbation of the most part of that House Which elections made in the intervall shall be allowed or disallowed in the next ensuing Parliament as the Kings Majestie and the Parliament shall think expedient And the Officers of State Counsellours and Lords of Session so nominated and chosen by his Majestie and the Parliament or allowed by his Majestie and them shall be provided ad vitam vel culparn and they all shall be lyable to the censure of the Kings Majestie and Parliament ACT XVI ACT ANENT THE ELECTION OF THE Lord LOWDOUN to be Chancellour Ultimo Septembris 1641. THE which day the Kings Majesty with the advice and approbation of the Estates of Parliament did nominate and elect John Lord Lowdoun to exerce and discharge the place and office of High Chancellour of this his Highnesse ancient native Kingdome and gave and disponed to him during all the dayes of his life time the said office with all honours dignities profits liberties and priviledges which have beene possest and bruiked by any preceding Chancellours and which may be now bruiked by the Lawes of this Kingdome Like as his Majestie with advice and approbation foresaid makes and constitutes the said John Lord Lowdoun during all the dayes of his life time High Chancellour of this his said Kingdome to be bruiked and enjoyed by him with all dignities honours commodities liberties and priviledges which have beene possest and bruiked by any preceding Chancellours and which may be now bruiked by the Lawes of this Kingdome and ordaines a gift and patent to be past under His Highnesse great Seale to the said John Lord Lowdoun thereupon ACT XVII ACT ANENT THE CHANGE OF THE Termes 29. October 1641. OUR Soveraign Lord and Estates of Parliament Considering the great prejudice his Majesties Lieges doe sustaine by the inconveniencie of the present usuall termes of payment of their debts and annuall Rents at Whitsunday and Martinmas heretofore Where as if the samine were altered and changed to Lammas and Candlemas yeerly they might get in their owne rents and dueties to pay their lawfull creditors therewith more easily at the said Termes of Lammas and Candlemas then at the former termes of Whitsunday and Martinmas Therefore Our Soveraign Lord and Estates of Parliament have now altered and changed the foresaid former course of the Termes of payment from Whitsunday and Martinmas to the Termes of Lammas and Candlemas in all time hereafter And ordains the same to be the usual Termes of payment of all debts and annuall and for using of all order of Redemption ordains all Premonitions Requisitions to be made before the said Termes of Lammas and Candlemas in place of the Termes of Whitsunday and Martinmas in time coming Notwithstanding of any clauses of Redemption Premonition or Requisition contained in any Bands or other Writs bearing the samine to be made or done either before Whitsunday or Martinmas in manner therein specified Whereanent our Soveraign Lord and Estates of Parliament dispenses for ever Beginning the first Termes Redemption Premonition or Requisition at and before Candlemas next in place of the Terme of Martinmas and the next Terme at and before Lammas next for and in place of Whitsunday and so forth yearely and tearmly in all time coming But prejudice to all creditors of all their just annual rents that shal be due to them from Martinmas next to Candlemas next to come and from Whitsunday to Lammas which is declared to be one quarters annuall And likewise but prejudice to them of all other bygone annual resting owing to them of whatsoever other years or terms preceding which are and shall be payed at the Terme of Candlemas next And this Act to be understood only for borrowing and lending of moneys upon band or infeftment and payment of annuall rents and the former Termes of Whitsunday and Martinmas to stand for redemptions proper woodsets flitting and removing of Tenants both in Burgh and Land ACT XVIII ACT ANENT THE CHARGES AND Expences of the Commissioners for the Barons 11. November 1641. OUR Soveraigne Lord and Estates of Parliament ratifie and approve the Acts made by his Majesties Predecessours King James the first of worthy memorie in his 7. Parl. and 101. Act thereof and the Act made by his Majesties umwhile dearest Father of worthy memorie in his 22. Parl. anent the Commissioners of small Barons in Parliament in the whole Heads Clauses and Articles thereof And specially that Article of the said last Act bearing that all Free-holders be taxed for the expences of the Commissioners of the Shires passing to Parliaments or Generall Councels And letters of horning and pounding to be direct for payment of the summes taxed for that effect upon a simple charge of six dayes allanerly With this addition for clearing of the quantity and manner of the said taxation that there shall be allowed to every one of the saids Commissioners for their whole charges and expences five pounds every day for their expences upon any parliaments or generall councels counting the first and last daies from the down sitting and rising of the saids Parliaments with such other dayes allowed for the Commissiòners of every shire for their coming to the saids Parliaments or generall Councels and returning there-from from time to time as they shall sit or be adjourned viz. for the Commissioners of the sheriffdome of Edinburgh for their comming and going one day of Fife two dayes of Linlithgow two dayes of Clydesdail foure dayes of Nithisdail foure daies of Dumbartane foure dayes of Sterling two dayes of Hadingtoun one day of Bervik foure dayes of Clakmannane two daies of Kinroshire two dayes of Peiblis two dayes of Bute six daies of Angus foure dayes of Pearth foure dayes of Mearnes foure dayes of Air foure dayes of Wigtoun six dayes of Kirkcudbryght four daies of Roxburgh four daies of Aberdene eight dayes of Renfrew foure daies of Selkirk two daies of Bamff eight dayes of Elgine ten dayes of Narne ten daies of Argyle eight dayes of Innernes twelve daies of Caithnes sixteen dayes of Sutherland fourteen dayes of Orkney thirtie dayes The which daily allowance after the rising of the said Parliaments or generall Councels shall be calculate and put in a summe by the Clerk of Parliament under his hand to be divided and imposed proportionally upon the whole freeholders heritors and life-renters holding of the Kings Majestie and the Prince according to the proportion of their Lands and Rents lying within the shire Excepting alwayes forth of this Act all the Lands belonging to the Noblemen or their immediate Vassals And therefore declares that their Lands holden of his Majesty
count to be made of the said intromission in Exchequer ACT XLII ACT ANENT THE DISCHARGING OF Advocations for summes within an hundred pounds 16. November 1641. OUR Soveraigne Lord and Estates presently conveened considering the manifold prejudices and trouble arising to divers of his Majesties Lieges in pursuing of matters of small importance by the too frequent granting of Advocations from inferiour Judges Therefore our said Soveraigne Lord with advice and consent of the saids Estates discharges the Lords of Session from giving and granting Letters of Advocation of any actions intended or to be intended before whatsoever inferiour Judicatories which may competently by the Lawes of the Kingdome be decided by the saids inferiour Judges before whom the said action is or shall be intended for summes of money within an hundred pounds or for any other causes whereunto by the Lawes of the Kingdome the saids inferiour Judges are appointed Judges ACT XLIII ACT ANENT THE DIRECTING OF Cocquets within the Regalitie of Saint Andrewes in the Kings Majesties Name 16. November 1641. OUR Soveraigne Lord with advice and consent of the three Estates of Parliament statutes and ordaines That all Cocquets to bee given forth within the Regalitie of Saint Andrewes now holden of the Kings Majestie through the abolition of Bishops be directed and granted by John Lord Lindsay and his Deputes Cocquet-keepers within the Regalitie foresaid in all time comming in the Kings Majesties name whereas the famine were before directed in name of the Archbishop of Saint Andrewes ACT XLIV ACT DISCHARGING THE TRANS. Portation of Eggs. 16. November 1641. OUR Soveraigne Lord and Estates of Parliament finde that it is necessary and expedient for the good of the publick that the transporting of egges out of this Kingdome be restrained in respect it brings not any considerable moneyes into the Countrey no wayes comparable to the losse considering the diet of poore labouring servants who eate only bread and drinke water if egges were restrained might be bettered by getting egges to his meat at an easie rate or of his own The breed of Chickens Hens and Capons would be in farre greater abundance so that they might sell at two pence a groat and six pence where they are now two groats twelve pence and eighteen pence And where the eggs sell now at fourtie pennies sometimes a groat might be sold for twelve pennies or eighteene pennies And where they give five shillings six pence where the salt is made they might sell their dearest for a two pence Therefore to grant a restraint under the paine of confiscation of the egges and an hundred pound toties quoties to be incurred by the party transporter to be proved by witnesses or oath of party ACT XLV ACT AGAINST DESTROYERS OF Planting and others 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering that Parks and Plantings are great decorements and much profitable to the Kingdome and that the demolishing and down-casting of the dikes of either and spoiling of the ground and planting inclosed within the famine by these who are evill affected to policie is a great discouragement to many who are vertuously disposed to Parking and Planting Therefore his Majesty with consent of the Estates discharges all hawkers hunters travellers and others persons whatsoever to whom the samine Parking and Planting doe not belong from demolishing down-casting climing or any wayes wronging of any of the Dikes foresaids Parks and Planting within the famine under the paine of five pounds toties quoties Which fines his Majestie and Estates foresaids declares to appertaine to the owners of the saids Parks and Plantings they or their servants deprehending the failers And if any other deprehend them the one halfe to appertaine to the deprehender the other to the heritor With power to the deprehender to pursue the contraveener before the ordinar Judge And if it shall happen the heritors own tenant to contraveen the Act foresaid with power to the heritors to unlaw them at their own pleasure the penalty and unlaw alwayes not exceeding the pain foresaid ACT XLVI ACT ORDAINING THE PURSUER OF The thiefe to be restored to his owne goods 16. November 1641. OUR Soveraigne Lord and Estates of Parliament understanding that when any theeves were taken and executed for theft or declared fugitives for not entering and under-lying the law therefore their whole escheat fell to the Kings Majestie and the goods stollen pertaining to the pursuer of the saids theeves and so the said party wronged was prejudged of his owne geir Therefore and for remeed whereof our said Soveraign Lord and Estates of Parliament statutes and ordaines that any person having any goods or geir stollen from them and having pursued the stealer thereof shall have their owne goods againe wherever the famine can be apprehended although the thiefe stealer thereof suffer And where the saids stollen goods cannot be had ordaines the pursuers of the said thiefe to have the just value price and availe of the goods and geir stollen from him out of the readiest of the theeves goods Together with the expences they shall wair in the said pursuit the pursuers alwayes pursuing the thiefe usque ad sententiam reserving to the taker and Sheriffe the expences bestowed by them in the taking and execution of the thiefe ACT XLVII ACT ANENT COALE-HEWERS 16. November 1641. OUR Soveraign Lord and Estates of this present Parliament ratifies the eleventh Act of the eighteenth Parliament of King James the sixth of worthy memory made anent Coale-hewers and Salters with this addition that because Water-men who laves and drawes water in the coale-heuch-head in this Kingdome and gaits-men who worke the wayes and passages in the saids heuchs are al 's necessar to the owners and masters of the said coale-heuchs as the coale-hewers and bearers It is therefore statute and ordained that no person shall hyre or seduce any water-men and winds-men and gaits-men without a testimoniall of the master whom they serve under the pains contained in the former Acts in all points And because it is found by experience that the giving of great fees hath beene a meane and way to seduce and bring coale-hewers from their masters It is therefore statute and ordained that it shall not bee lawfull to any coale-masters in this Kingdome to give any greater fee nor the summe of twenty markes in fee or bounteth under any colour or pretext And because the saids coale-hewers and salters and others workemen in coale-heuchs within this Kingdome doe lye from their worke at Pasch Yule Whitsunday and certaine other times in the yeare which times they imploy in drinking and deboishrie to the great offence of God and prejudice of their master It is therefore statute and ordained that the saids coale-hewers and salters and others workemen of coale-heuchs in this Kingdome worke all the six dayes of the weeke under the pains following that is to say That every coale-hewer or salter who lyes idle shall pay twenty shillings for every day
of his royall favour and bounty that the vassalls of ward lands holding of his sacred Majesty and of the Prince his highnesse may enjoy their former libertie with the benefite of his Majestie and his most noble progenitors their bounty and benevolence foresaid unprejudged or empared by foresaid act 1633. Therefore our said Soveraigne Lord and Estates of Parliament rescinds and annulls the foresaid 16. Act of his Majesties first Parliament in anno 1633. yeares intitulate Anent vassals holding ward And declares the famine Act to be null of none availe force strength nor effect in all time coming in so farre as the famine Act is or may bee extended to the lands holden ward of the King or Prince as said is And declares the vassals of the ward lands foresaids and others his Majesties Lieges and Subjects to bee in that same estate and condition and have the same libertie concerning ward lands which they had before the making of the said Act and as if the famine had never beene made Which our said Soveraign Lord Estates of Parliament declares to be extinct and of none availe force nor effect in all time hereafter ACT LIX ANENT THE BREADTH OF PLAIDING 16. November 1641. WHereas our Soveraign Lord and Estates presently assembled understanding that the plaiding of this Kingdom is one of the most ancient prime commodities thereof which of late through the inconstancy of the breadth is likely to become of no estimation abroade Therefore our Soveraign Lord with advice of the said Estates ordains the makers thereof to make the same of no lesse breadth then of three quarters of an elne under pain of confiscation of all that shal be found of a lesser breadth And farther understanding that the Lords of his Majesties Councell had for eschewing of the deceit in making thereof ordained the same to bee presented in Folds and not in Rols to the market as it was used of before Therefore his Majesty with consent and advice foresaid ratifies and approves the said Act of Councell dated at Edinburgh the twentie fourth day of March 1635. yeeres in all the heads clauses and circumstances thereof and ordaines the same to takefull execution and to stand as a law in all time coming ACT LX. ACT IN FAVOURS OF LAICK PATRONES Of Provestries Prebandries Chaplandries and Alterages 16. November 1641. OUR Soveraign Lord and Estates of Parliament Ratifies and approves the Act of Parliament made by King James the sixt His Majesties Father of eternall memory Par. 1. cap. 12. anent Provestries Prebandries Alterages Chaplandries and collegiall Kirks pertaining to laick Patrones together with the act of Parliament 12. cap. 158. ratifying the famine and ordaines the said acts to have full force and effect in all time comming With this declaration alwayes that in respect the vassals which held lands of the saids Provests Prebanders and others foresaids are put to a great uncertainty of their Superiours it not being knowne to them who are provided to the saids Provestries Prebandries Chaplandries Alterages and others foresaids by reason there is no publike Register to the which they may have recourse for knowledge and notice thereof and that the farthest that they can know by any registers is the infeftments and seasings made to these who are laick Patrons holding of His Majestie Therefore for securing of the vassals who hold Lands Mils Fishings Tenements annual rents of others whatsoever of the saids Provestries Prebandries of collegiall Kirks or of Chaplandries Alterages and others of that nature at any time of before It is Stature and ordained that the entry of the saids vassals by retour precept of clare constat resignation comprysing or other wayes whatsoever shall pertaine to the laick Patrones and their successours who stands infest in the said laick patronages holding immediately of His Majesty and that the entrie of the vassals by them shall be al 's vallid and sufficient to the saids vassals receivers thereof as if they were entered by the Titulars of the saids Provestries Prebandries Alterages Chaplandries and others foresaids and that the said laick Patrons shall be in all time comming in their places as superiour to the said vassals and to have the same power to give infeftments to his Majesties Subjects upon retour or by precept of clare constat or by resignation comprising or any other manner of way with gifts de novo damus and that without consent of persons provided or to be provided to the saids Provestries and Prebandries of collegiall Kirks Alterages Chaplandries or others titulars of collegiall Kirks and alse without consent of the chapter or convent of the said Prebandries therof or most part of the same which of before was in use and custome whereanent and anent all acts in the contrair his Majesty with consent foresaid dispences for ever reserving alwayes to the titulars of the saids Provestries Prebandries Alterages Chaplandries and others foresaids the fruits rents and emoluments of the saids Provestries Prebandries and others foresaids which are no wayes prejudged by this present Act. It is hereby father statute and ordained where there is any Prebandries Chaplandries Alterages or others foundations of that nature above mentioned founded and situate within any burgh royall of this Kingdome that the Provest Bayliffes and Councell of that Burgh where the famine are founded are and shall be in all time comming only indoubted Superiours by whom and by no others the vassals and tenants enter in manner above specified the Provest and Bayliffes being alwayes Patrons ACT LXI ACT DISCHARGING QUOTES OF Testaments 16. November 1641. OUR Soveraign Lord with advice and consent of the Estates of Parliament taking to consideration the great burden hurt and prejudice his Majesties lieges have sustained thir many years by-gone by exacting of great quote the time of the confirmation of the defuncts Testaments to the wasting and consuming of the means and estates of Minors in speciall and to the generall grievance of persons of all sorts Therefore our Soveraign Lord with consent foresaid out of his Highnesse gracious care and fatherly affection to the weal and ease of all his Majesties subjects statutes and ordains that no quote shall hereafter be payd by any of his Majesties subjects for any Testament of whatsoever qualitie to be confirmed by them And for that effect discharges all Commissars Commissars Clerks Fischals and others whom it effeirs not to exact nor uplift any quote for whatsoever Testament to be confirmed hereafter the party confirmer paying allanerly the other ordinar dues as appertaine ACT LXII COMMISSION FOR REGULATING OF Commissariates 16. November 1641. OUr Soveraign Lord with advice and consent of the Estates of Parliament hath given and granted and by the tenour hereof gives and grants full power and Commission to these persons who shall be nominate by the Lords of secret Councell to whom his Majestie and Estates of Parliament remits and refers the nomination of the Commissioners to the effect after specified or any five of the saids
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
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
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
compeired personally John Earle of Rothes James Earle of Montrose John Lord Lowdoun Sir George Stirling of Keir Knight Sir William Douglas of Cavers Knight Sir Henry Wood of Bonytoun Knight John Smyth Burgesse of Edinburgh Mr. Robert Barclay Provest of Irwing Mr. Alexander Henderson Minister at Edinburgh and Master Archbald Johnstoun Clerk to the Generall Assembly and in the name of the present sitting Generall Assembly gave in to the Lord Commissioner and Lords of Privie Councell the petition above written which being read heard and considered by the saids Lords they have ordained and ordain the same to be insert and registrate in the bookes of Privie Councell and according to the desire thereof ordaines the said Confession and Covenant to be subscribed in time comming by all his Majesties Subjects of this Kingdome of what rank and quality soever THE ACT OF THE GENERALL ASSEMBLY Ordaining by Ecclesiasticall authoritie the subscription of the Confession of Faith and Covenant THe Generall Assembly considering the great happinesse which may flow from a full and perfect Union of this Kirk and Kingdome by joyning of all in one and the same Covenant with God with the Kings Majestie and amongst our selves having by our great Oath declared the uprightnes and loyalty of our intentions in all our proceedings and having withall supplicated his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell to injoyne by Act of Councell all the Lieges in time comming to subscribe the Confession of Faith and Covenant which as a testimony of our fidelity to God and loyalty to our King wee have subscribed And seeing his Majesties high Commissioner and the Lords of his Majesties honourable Privie Councell have granted the desire of our Supplication ordaining by civill authority all his Majesties Lieges in time comming to subscribe the foresaid Covenant that our union may be the more full and perfect We by our act and constitution Ecclesiasticall doe approve the foresaid Covenant in all the Heads and Clauses thereof and ordaines of new under all Ecclesiasticall censure that all the Masters of Universities Colledges and Schooles all Schollers at the passing of their degrees all persons suspect of Papistry or any other errour and finally all the members of this Kirk and Kingdome subscribe the same with these words prefixed to their subscription The Article of this Covenant which was at the first subscription referred to the determination of the generall Assembly being determined And thereby the Five Articles of Perth the governement of the Kirk by Bishops the civill places and power of Kirke-men 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 And ordaines the Covenant with this declaration to be insert in the Registers of the Assemblies of this Kirk Generall Provinciall and Presbyteriall ad perpetuam reimemoriam and in all humility supplicates his Majesties high commissioner and the honourable Estates of Parliament by their authority to ratifie and injoyne the same under all civill paines which will tend to the glory of God preservation of Religion the Kings Majesties honour and perfect peace of this Kirk and Kingdome The Confession of Faith subscribed at first by the Kings Majestie and his Houshold in the yeare of God 1580. Thereafter by Persons of all rankes in the yeare 1581. By ordinance of the Lords of the secret Councell and acts of the Generall Assembly Subscribed again by all sorts of Persons in the yeare 1590. By a new ordinance of Councell at the desire of the Generall Assembly with a generall Band for maintenance of the true Religion and the Kings Person And subscribed in the yeare 1638. By Us Noblemen Barons Gentlemen Burgesses Ministers and Commons then under subscribing Together with our resolution and promises for the causes after specified to mainetaine the said true Religion and the Kings Majestie according to the Confession foresaid and acts of Parliament And now upon the Supplication of the Generall Assembly to his Majesties high Commissioner and the Lords of his Majesties honourable Privy Councell subscribed again in the yeare 1639. by ordinance of Councell and Act of the Generall Assembly WEe all and every one of us under-written protest that after long and due Examination of our owne consciences in matters of true and false Religion Wee are now throughly resolved of the Trueth by the word and Spirit of God And therefore wee believe with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this onely is the true Christian Faith and Religion pleasing God and bringing Salvation to man which now is by the mercie of God revealed to the world by the preaching of the blessed Evangel and received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirke of Scotland the Kings Majestie and the three Estates of this Realme as Gods Eternall Trueth and onely ground of our Salvation as more particularly is expressed in the Confession of our Faith stablished and publickly confirmed by sundry Acts of Parliaments and now of a long time hath beene openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Trueth and Veritie grounded onely upon his written Word And therefore wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kind of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirk of Scotland But in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and consciences of men all his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written Word the perfection of the law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our Justification by faith only our imperfect Sanctification and obedience to the Law the nature number and use of the Holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the word of God His cruell judgement against Infants departing without the Sacrament His absolute necessitie of Baptisme His blasphemous opinion of Transubstantiation or reall presence of Christs Body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemne Oaths Perjuries and degrees of Marriage forbidden in the Word His crueltie against the innocent divorced His divellish Masse His blasphemous Priesthood His profane Sacrifice for the sins of the dead and the quicke His Canonization of men calling upon Angels or Saints departed
living amongst us which was warranted also by Act of Councell commanding a generall Band to bee made and subscribed by his Majesties Subjects of all ranks for two causes One was for defending the true Religion as it was then reformed and is expressed in the Confession of Faith above-written and a former large Confession established by sundry acts of lawfull General Assemblies and of Parliament unto which it hath relation set down in publick Catechismes and which had beene for many yeares with a blessing from Heaven preached and professed in this Kirk and kingdom as GODS undoubted Truth grounded onely upon his written Word The other cause was for maintaining the Kings Majestie his Person and Estate the true worship of GOD and the Kings authority being so straitly joyned as that they had the same friends and common enemies and did stand and fall together And finally being convinced in our minds and confessing with our mouths that the present and succeeding generations in this Land are bound to keep the foresaid Nationall Oath and Subscription inviolable Wee Noblemen Barons Gentlemen Burgesses Ministers and Commons under-scribing considering divers times before and especially at this time the danger of the true reformed Religion of the Kings honour and of the publick peace of the Kingdome by the manifold innovations and evils generally contained and particularly mentioned in our late supplications complaints and protestations doe hereby professe and before GOD his Angels and the world solemnly declare that with our whole hearts wee agree and resolve all the dayes of our life constantly to adhere unto to defend the foresaid true religion and forbearing the practise of all novations already introduced in the matters of the worship of GOD or approbation of the corruptions of the publick government of the Kirk or civill places and power of Kirkmen till they be tryed and allowed in free assemblies and in Parliaments to labour by all meanes lawfull to recover the purity and liberty of the Gospel as it was established and professed before the foresaid novations And because after due examination wee plainely perceive and undoubtedly beleeve that the innovations and evills contained in our Supplications Complaints and Protestations have no warrant of the word of GOD are contrary to the articles of the foresaid Confessions to the intention and meaning of the blessed reformers of Religion in this Land to the above-written acts of Parliament and doe sensibly tend to the re-establishing of the Popish religion and tyranny and to the subversion and ruine of the true reformed religion and of our liberties lawes and estates Wee also declare that the foresaid confessions are to be interpreted and ought to be understood of the foresaid novations and evills no lesse than if every one of them had been expressed in the foresaid confessions and that wee are obliged to detest and abhorre them amongst other particular heads of Papistry abjured therein And therefore from the knowledge and consciences of our duty to GOD to our King and Countrey without any worldly respect or inducement so farre as humane infirmity will suffer wishing a further measure of the grace of GOD for this effect Wee promise and sweare by the Great Name of the Lord our GOD to continue in the Profession and obedience of the foresaid Religion That wee shall defend the same and resist all these contrary errours and corruptions according to our vocation and to the uttermost of that power that GOD hath put in our hands all the dayes of our life And in like manner with the same heart wee declare before GOD and Men that wee have no intention nor desire to attempt any thing that may turn to the dishonour of GOD or to the diminution of the Kings greatnesse and authority But on the contrary wee promise and sweare that wee shall to the uttermost of our power with our meanes and lives stand to the defence of our dread Soveraigne the Kings Majestie his Person and Authority in the defence and preservation of the foresaid true Religion Liberties and Lawes of the Kingdome As also to the mutuall defence and assistance every one of us of another in the same cause of maintaining the true Religion and his Majesties authority with our best counsell our bodies meanes and whole power against all sorts of persons whatsoever So that whatsoever shall be done to the least of us for that cause shall be taken as done to us all in generall and to every one of us in particular And that wee shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion allurement or terrour from this blessed and loyall Conjunction nor shall cast in any let or impediment that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends But on the contrary shall by all lawfull meanes labour to further and promove the same And if any such dangerous and divisive motion be made to us by word or writ wee and every one of us shall either suppresse it or if need bee shall incontinent make the same known that it may be timously obviated Neither doe wee fear the foul aspersions of rebellion combination or what else our adversaries from their craft and malice would put upon us seeing what wee doe is so well warranted and ariseth from an unfained desire to maintain the true worship of God the Majesty of our King and peace of the Kingdome for the common happinesse of our selves and the posterity And because wee cannot look for a blessing from God upon our proceedings except with our profession and subscription wee joyne such a life and conversation as beseemeth Christians who have renewed their Covenant with God Wee therefore faithfully promise for our selves our followers and all others under us both in publike in our particular families and personall carriage to endeavour to keepe our selves within the bounds of Christian libertie and to be good examples to others of all Godlinesse Sobernesse and Righteousnesse and of every duty wee owe to God and Man And that this our Union and Conjunction may bee observed without violation Wee call the living GOD the Searcher of our Hearts to witnesse who knoweth this to be our sincere Desire and unfained Resolution as wee shall answer to JESUS CHRIST in the great Day and under the pain of GODS everlasting wrath and of infamie and losse of all honour and respect in this World Most humbly beseeching the Lord to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with a happy successe that Religion and Righteousnesse may flourish in the Land to the glory of GOD the honour of our King and peace and comfort of us all In witnesse whereof wee have subscribed with our hands all the premisses The article of this Covenant which was at the first subscription referred to the determination of the Generall Assembly being determined And thereby the Five articles of Perth
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-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
made Parl. 20. cap. 5. in the whole heads and articles thereof And declares that witting and wilfull resetting of the persons foresaids shall be understood to be committed by these who after lawful intimation to be made at the head Burgh of the Shire where they dwell and make their residence for the most part and at the market Crosse of Edinburgh of the names of the Jesuits Seminary Priests and excommunicate persons for the causes foresaid resets the persons foresaids by the space of three nights together or three nights at several times which is the manner of intimation prescribed by the said 13. Parl. cap. 164. and by the said Parl. 20. cap. 59. and that the persons resetters in manner foresaid shall be lyable to the paine and punishment contained in the said Acts without farther verifying of their notice and knowledge except the intimation foresaid And also declares that the saids Acts of Parliament ratified as said is shall comprehend not onely men but women of all quality and that they and their resetters shall be lyable to the paines therein contained And such like the Estates ratifies and approves the act of Parliament made by his Majesties Father Parl. 16. Cap. 17. intituled Act anent non-Communicants and ordaines every person non-communicant to be lyable to the paines therein contained And wills and ordaines all Ministers within their Parochins and all Presbyters within their Presbyteries to take tryall and cognition of the premisses and that as fully as the Bishops or Archbishops might have done by the foresaids acts or any of them And abrogates the saids acts in so far as any power is thereby granted to the said Archbishops and Bishops anent the premisses ACT XII ACT DISCHARGING THE ZULE VAcance and appointing the Session to sit downe the first of November and rise the last of February and thereafter to sit downe the first of June and rise the last of July yearely THE Estates of Parliament presently conveened by his Majesties speciall authoritie Understanding that the Kirke within this Kingdome is now purged of all superstitious observation of dayes And herewith also considering that the keeping of the Zule vacance hath not only relation to that superstition and may serve to keep the famine in memory but also that the keeping of the said Zule vacance hath interrupted the course of Justice in this Kingdome to the hinderance heavie prejudice of the lieges therof Therefore the saids estates have discharged and simply discharges the foresaid Zule vacance and all observation thereof in time comming and rescindes and annulls all acts statutes warrants and ordinances whatsoever granted at any time heretofore for keeping of the said Zule vacance with all custome of observation thereof And findes and declares the famine to be extinct voyde and of no force nor effect in time comming And ordaines the Court and Session of the Colledge of Justice and Senatours and members thereof to conveene and sit for the administration of Justice without any interruption by the foresaid Zule vacance from the first day of November to the last day of February thereafter inclusive yearely And ordaines the saids Senatours and remanent members of the Colledge of Justice to rise the said last day of February and to conveene and sit downe againe for administration of Justice to the Lieges the first day of June yearly and to rise the last day of July next thereafter inclusive And also ordaines the whole remanent Judges of inferiour Courts within the Kingdome to proceed in the administration of Justice within their severall jurisdictions without any respect to the said Zule vacance and without any interruption or vacation by the same Zule vacance notwithstanding of any by-gone custome of observation of the said Zule vacance seeing the famine is now discharged in manner foresaid ACT XIII ACT DISCHARGING THE MUNDAY Market in Edinburgh Jedburgh Drumfreis Brechin and Glasgow FOrsameekle as the Estates of Parliament presently conveened by his Majesties speciall authority are informed and understand that travelling upon the Sunday and the prophanation of that day is greatly occasioned by the Markets holden weekly upon the Munday in Edinburgh Jedburgh Drumfreis Brechin and Glasgow and that the Leiges resorting from the Countrey to the saids Markets upon the Munday are distracted from Gods publick worship and service upon the Sunday and are constrained to travell all the Sunday for keeping of the Munday Markets respective foresaids For remeed whereof the saids Estates of Parliament have discharged and simply discharges all Markets upon Munday to be any wayes keeped in the Burghs of Jedburgh Drumfreis and Brechin in time comming And appoints changes and ordaines the famine Markets which were in time by-gone keeped and holden weekly upon the Munday in the saids Burghs of Jedburgh Drumfreis and Brechin to be hereafter keeped and holden in Jedburgh weekly upon Tuesday and in Drumfreis and Brechin weekly upon Wednesday And also the saids Estates of Parliament foresaids discharges all Markets within the Burgh of Glasgow to be keeped or holden hereafter upon the Munday or selling buying and making Market of Horses and other quick bestiall Meale brought to Glasgow Market upon Munday from Burrows-townes as Stirling Falkirk and other remote places where men may not come from their owne houses in the morning to the houre of the Market with their saids Commodities Item the Beere-Market and all crafts-mens work brought to be sold in Market aswel by free as unfree persons Item all Market for Salt brought from the Salt-pans upon Forth the Market for salt Butter keeping Cheese and Timber of all sorts which is brought up the river of Clide to the town of Glasgow And ordains and appoints the Market for the particular goods foresaids to be keeped hereafter weekly within the Burgh of Glasgow upon the Wednesday And in like manner the saids Estates of Parliament discharges all Market to be keeped and holden hereafter within the Burgh of Edinburgh upon the Munday for Wool Butter Cheese Skinnes Hides Shoone And generally discharges all markets in Edinburgh upon Munday of all unfree-mens work brought in to bee sold in Edinburgh upon the Munday in any time hereafter but ordaines and appoints the market of these goods and marchandise particularly and generally before rehearsed to bee kept and holden weekly upon the Wednesday within the said Burgh of Edinburgh in time comming in the same manner and as freely in all respects as the market thereof hath beene kept on the Munday in times bygone And therefore ordaines the Leiges to keep and attend the saids market dayes respective before rehearsed as the samine are now appointed to bee kept within the Burghs of Edinburgh Glasgow Jedburgh Drumfreis and Brechin and to resort and repaire thereto weekly as they shall have occasion suchlike and in the same manner as they were in use to repaire to the Munday markets within the saids Burghes before the discharging thereof And also ordains the Magistrates of the saids Burghes to see the markets
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
if the same had past the Signet and that aye and while the said Signet bee returned againe to Edinburgh and the same intimate to the Lieges The said George Hadden alwayes keeping and retaining the warrands and making a minute and note thereof And making the same together with the prices payed therefore forth-comming to the Lord Secretarie or others in his name by his warrand And ordaines these presents to be intimate to all his Majesties Lieges by publike Proclamation at the market crosse of Edinburgh to be made hereupon And these presents for the full warrand of the whole premisses to be enacted and recorded in their books of Sederunt Which Act the saids Estates not onely ratifies in manner above specified but also ordaines the said Act to stand in full force and strength to the effect above-written therein specified conforme to the tenour thereof foresaid while the _____ day of _____ 1600. and _____ yeares And strictly inhibits and discharges all keepers of the Signet in any time hereafter for any cause or any pretended occasion whatsoever to transport or carry the Signet or any Seale forth of this Kingdome under the pain of death and confiscation of their moveable goods ACT XXXII ACT DISCHARGING ALL CUSTOME OF Ammunition brought home to the lieges to their owne use for defence of religion and liberties of Kirk and Kingdom THe Estates of Parliament presently conveened by his Majesties speciall authority considering the priviledge and exemption bruiked by the Nobility and Barrons of this Kingdome whereby they have beene exeemed from payment of all custome for goods imported to this Kingdome for their owne use And there-with-all Taking to their consideration that the said exemption ought more especially be enjoyed for the armes brought home at this time to the Nobility Barrons and Gentry of this Kingdome and all others his Majesties lieges whatsoever for their owne use for defence of Religion Liberties of this Kirke and Kingdome in thir times of troubles since the yeare of God 1637. Therefore statutes and ordaines that all sort of Ammunition whatsoever brought into this Kingdome since the year of God 1637. or to be brought in hereafter during the time of thir troubles shall be free of all customes and imposition whatsoever And inhibites and discharges all Customers or whatsoever receivers thereof of exacting any custome or imposition for any kinde of armes or ammunition already imported or to be imported during the time foresaid And of all arresting or detaining the saids armes and ammunition or any goods belonging to the Merchants importers thereof for any custome acclaimed for the same which the Estates finds no wayes due nor reasonable to be granted in the case foresaid ACT XXXIII ACT FOR THE COMMITTEES OF ESTATES THe three Estates of Parliament presently conveened having taken to their consideration the present estate of this Countrey and Kingdome being invironed and threatned with armes by sea and land and great hostile preparations hatcht and prepared against the same without any just ground or quarrell whereby as manifestly doth appeare there is nothing lesse intended against this Church and Kingdome nor an utter exterminion and totall destruction So that the saids Estates are necessitate and forced to put themselves in readinesse for a just and lawfull defence of the Religion Laws Lifes Liberties and Countrey and withall considering how necessar it is for the good of the publick weal of the Countrey and maintenance of the armies lifted and to be up-lifted and out-reiked both by sea and land and for ordering directing and governing of the whole body of this Countrey and Kingdome That a setled grave and solide Committee from the Estates be elected nominate constitute and authorized by this present Parliament which Committee from the Estates shall consist of a competent number of the most able qualified and trustie Noblemen Barons and Burgesses of this Kingdome Therefore the foresaids Estates of Parliament now conveened doe hereby nominate elect choose and appoint the persons after specified viz. John Earle of Rothes James Earle of Montros John Earle of Cassils John Earle of Wigtoun Charles Earle of Dumfermling William Earle of Lothian John Lord Lindesay John Lord Balmerino James Lord Couper Robert Lord Burghly Archbald Lord Napeir John Lord Lower Sir Alexander Gibson of Dury Sir John Hope of Craighall Sir John Scot of Scotstarvet Senators of the Colledge of Justice Sir Thomas Nicolsone of Carnok Sir Patrik Hepburne of Wauchton Sir David Hume of Wedderburne Sir George Stirling of Kier Sir Patrik Murray of Elibank Sir Patrik Hamiltoun of Littlepreston Sir William Cunningham of Caprintoun Sir William Douglas of Cavers James Chalmers of Gadgirth Sir Thomas Hope of Carse _____ Drummond of Riccartoun _____ Lesly of Forbes Master George Dundasse of Maner John Smyth Edward Edgar Thomas Paterson Richard Maxwell Merchants Burgesses of Edinburgh William Hamiltoun Burges of Lithgow Master Alexander Wedderburne Clerk of Dundie George Porterfield Baliffe of Glasgow Hew Kennidie Baliffe of Aire John Rutherfurd Provest of Jedburgh Master Alexander Jaffray Burges of Aberdeene or Master William Ore in his absence James Sword Burges of S. Androes and James Scot Burges of Montros to bee Commissioners from the Estate To whom the Estates and Body of this Present Parliament gives and commits full power warrant and commission to doe order direct act and put in execution every thing necessar expedient and incumbent alswell for the preservation and maintenance of the armies both of horse and foot by sea and land as for ordering the Countrey and whole body and inhabitants thereof deciding of questions and debates which shall happen to arise or fall out in any businesse which shall occasion or offer in this Kingdome concerning the peace and quiet thereof But prejudice of the Colledge of Justice or any other ordinarie judicatorie within this Kingdome lawfully established by Act of Parliament which shall no wayes be prejudged by this commission And with full power to them to borrow up-take and levy moneyes for the use the publick and to give and prescribe orders and directions for depursing thereof and for any other thing requisite which may concerne the good quiet and peace of the Countrey And with power to them to call and conveene such Noblemen Barons Burgesses and other countrey men to repaire to them for their counsell and assistance in any businesse which shall occurre as they shall finde necessar and expedient And with power to them to give orders and directions to collectors commissioners and all other persons who shall happen to be employed or have charge or place either in the army or in the Countrey in the publick busines in every thing which concernes their place and charge and to call them to an accompt al 's oft as they please and to appoint Auditours for hearing and receiving thereof whether of their owne number or any other they please to nominate and with power to them to allow and disallow as they shall find equitable and expedient for what
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
former grant of the second Demand Concerning the keeping of the Castles of the Kingdome of Scotland 14. of June 1641. To their desire concerning unity in Religion uniformity of Church-government as a speciall meanes for conserving of Peace betwixt the two Kingdoms upon the grounds and reasons contained in the Paper of the 10. of March given into the treaty and Parliament of England It is answered upon the 15. of June That his Majesty with the advice of both Houses of Parliament doth approve of the affection of his Subjects of Scotland in their desire of having Conformity of Church-government betweene the two Nations and as the Parliament hath already taken into consideration the Reformation of church government so they wil proceed therin in due time as shal best conduce to the glory of God the peace of the Church of both Kingdoms 11. of June 1641. To their desire of the Kings Majesty and the Prince their comming and residing some times in Scotland upon the reasons given in February 16. 1641. Stilo Scotico It is answered upon the 9. of June that his Majesty doth take in good part the sense his Subjects of Scotland have of his absence and the dutifull expression they make of their desire to have Him and the Prince his Sonne frequently among them and assuring himselfe that they have no other intention in this Demand but meerely to expresse their love to his Person and the welfare of his ancient Kingdome He declares unto them that as he shall finde the urgency of those affaires require his presence and his other conveniences here permit He will repaire thither and the Prince his Sonne so farre as he may know and be acquainted with the People there 9. of June 1641. To the desire concerning the manner of choosing and placing of the officers of State Counsellors and Sessioners within the Kingdome of Scotland by advice of the Parliament upon the grounds and reasons given in March 15. 1641. Stilo Scotico It is answered the 9. of June in his Majesties name We intend nothing more heartily and really then that our People shall be governed by the Laws of the Kingdome and that all Judges in their severall Judicatories should judge accordingly Therefore we wil never allow nor permit that either Counsellors officers of State or Judges be exeemed from our our Parliaments tryall and censure for the discharging of their duties in their severall offices and places Likewise we conceive that nothing will more conduce to the good of our service and the peaceable and happy government of the Kingdome then that officers of State places of Councell and Session and other Judicatories be provided with honest able and qualified men For which end and because of our necessary absence from that Kingdom which maketh the qualification of Persons fit for places lesse known to us We shal so far give eare to the Informations of our Parliament and when our Parliament is not sitting of our Councell and Colledge of Justice as that we shal make choise of some one of such as they by cōmon consent upon the vacancie of the place shal recommend unto us Or if wee shall conceive another person to bee fitter then any of these recommended wee shall make the same knowne to the Parliament or in the time betweene Parliament to out Councell and Session that from them wee may be informed of the Qualification and Abilities of the person named by us to the effect that if by their Information it shall appeare to us that there is just exception against the life and qualification of the said party wee may timely nominate some other against whom there shall bee no just exception By which meanes wee doubt not but that wee shall from time to time choose such honest men as for their knowne Integrities and Abilities shall bee fit to discharge their places and Offices with that duty and sufficiency which wee and our Subjects may justly expect Which intention of ours being now so cleerely and fully expressed wee doubt not but will give good satisfaction to our ensuing Parliament And as wee never intended to remove just and able men from their places in the Colledge of Justice So doe wee now declare for our peoples full satisfaction that their places shall provided unto them Quam diu se bene gesserint And if this our Answer cannot content the Scottish Commissioners Wee doe then remit the whole Answer to be considered by us or our Commissioner and the Parliament at the next sitting thereof 9. of June 1641. To their desire of placing some Scottish men of respect about the King and Queenes Majesties and the Princes Highnesse upon the grounds and reasons given in the 9. of Aprill 1641. It is answered His Majesties goodnesse and grace towards his Subjects of Scotland in placing them about his owne Person in places of greatest neerenesse and trust hath beene such as ought to give them full satisfaction of His Royall Affection towards His Subjects of His Native Kingdome Therefore for this point His Majestie needeth onely to assure them that hee shall continue the same care which hitherto hee hath done for their satisfaction in this particular and not onely so but shall also recommend the same to the Prince his Sonne that successively the Kingdome of Scotland shall so taste of the care of their Soveraignes That by the Grace of God they shall never want a sufficient number of honest and sufficient persons of that Nation about the Kings Person and Princes against whom there shall be no just exception the 9. of June 1641. To their desire that none may have place about his Majesty and the Prince but such as are of the reformed Religion in manner expressed in the paper 1. April 1641. It is answered His Majesty doth conceive that his Subjects of Scotland have no intention by this proposition especially by way of demand to limit or prescribe unto him the choice of his Servants but rather to shew their zeal to Religion wherein his owne piety will make him do therein that which may give just satisfaction to his people 9. June 1641. To their desire given in the first of April concerning the Copper Coine It is answered Whereas the Scottish Commissioners have represented unto his Majesty the great prejudice sustained by the Kingdom of Scotland through the coining of Copper money which hath passed there this long time by-gone for seven times and above as much as the true value and worth thereof contrary to the continuall custome of that Kingdome And therefore desiring that no Copper money bee coined hereafter without consent of the Estates conveened in Parliament who may remedy the present prejudices the Country sustains thereby And who upon good consideration of the necessity thereof in time to come may appoint such a competent proportion as is fit and as the Countrey shall require for the use of the poore and for change in buying and selling of commodities and that the same
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
NON-COMMUNICANTS And Excommunicate Persons 10. September 1641. OUR Soveraigne Lord and Estates of Parliament Ratifies the two Acts of Parliament anent the escheats of excommunicate persons made by his Majesties Father of blessed memory one therof Par. 14. cap. 197. and the other Par. 20. cap. 3. with the addition and declaration following that no gift of escheat past or to bee past upon excommunication or horning upon excommunication shall be vallid but the samine is declared to have been and to be null in all time comming by way of exception or reply and declares the saids two Acts ratified as said is with the addition foresaid made thereto to be extended to all excommunication pronounced or to be pronounced against whatsoever person or persons and for whatsoever causes And further His Majestie and Estates foresaid Ratifies and approves the Act made by his Majesties Father Par. 16. cap. 17. anent non-communicants every year once with this declaration and addition that the penalties of the contraveeners modified in the said Act be payable in all time coming to the several Presbyteries within the Jurisdiction whereof the contraveeners dwell to be applied by them ad pios usus And that the said Presbyteries or any they appoint shall have power to crave receive and pursue for the same And further Our Soveraigne Lord and Estates foresaids for the greater terror and the more effectuall reclaiming of all excommunicate persons declares that all persons whatsoever according to the degrees and qualities mentioned in the said Act lying under the sentence of excommunication shall be lyable to the paines and penalties therein contained and that yearely after the sentence of excommunication ay and while they be relaxed therefrom and reconciled to the Kirk And also declares that the said yearely penalties against excommunicate persons shall pertain to every paroch Kirk and Kirk session in burgh or land-ward within their owne bounds to be applyed ad pios usus And that they or any person they appoint shall have power to crave receive and pursue the famine to be applyed to the pious uses of the severall paroch Kirk sessions where the contraveeners dwell And in case of the paroch kirk sessions their slacknesse the Presbyterie to exact after the expiration of yeare and day after the contraveening And further declares the donators to the excommunicate persons their simple escheat and life-rent and all other intrometters with their goods and geir and livings shall be liable to the payment of the saids paines and penalties in the samine manner as the excommunicate persons are lyable themselves And because in the said Act there is no particular penalty modified against Burgesses Therefore His Majestie and Estates foresaids ordaines everie Burges that beares or hath borne office of Magistracie so oft as he shall contraveene the said Act To pay the summe of two hundred marks and every other burges the summe of fourtie pounds And such like ordaines the said persons to be liable in the saids penalties respective not only for their own personall contraveening of the said Act but also so oft as the same shall be contraveened by their wives respective and also so oft as the same shall be contraveened by their children they shall incurre the fift part of the saids paines respective for every bairne not forisfamiliat and of the age of fifteen yeares compleat and that toties quoties they shall contraveene the said Act And such like that every servant so oft as he shall contraveene the said Act shall pay one yeares fee toties quoties lawfull requisition being alwaies made to the saids Wives Children and Servants by their Pastor or Presbyterie to give obedience to the said Act. ACT XIIII ACT ANENT THE BULLION 10. September 1641. OUR Soveraigne Lord and Estates of Parliament Considering that one of the chiefe waies for bringing in of money into this Kingdome hath been bullion which now for lacke of the true way of managing thereof is become unprofitable Therefore our Soveraign Lord with advice and consent of the saids Estates Statutes and Ordaines that in time comming all and every Merchant passing forth of this Kingdome with any Merchandize or sending the same forth of this Countrie at the customing of the saids goods shall find sufficient security to the customers for importing and inbringing such quantity and proportion of Bullion as by the Lawes of this Kingdome is due for the saids goods transported by them and shall accordingly deliver the same and cause be delivered to the Master of the Coine house and shall receive back again his Majesties coine of this Kingdome And shall make faith that the same was brought by them from forraign parts or by others in their name and discharges all payment of Bullion before the hand and all pactions made anent Bullion one with another and paying of the same with his Majesties coyne or with any silver that is within the Countrey already under the pain of doubling of the said Bullion As also because the Bullion is ordained to be payed to the master of His Majesties coine house who hath his only residence in Edinburgh and that thereby many Merchants who dwell not within the said Burgh will be put to great and unnecessary charges for a small matter of Bulion Therefore it is declared that it shall be lawfull to the saids Merchants to send the famine to the said Master of the coine house providing he send therewith an attestation under his oath and hand if he can write and under his mark if he cannot write and both before two subscribing witnesses of Magistrates or Councell of the Burghs where they dwell that the said Bullion due by him was brought within this Kingdome from forraine parts and that the same was not acquired nor bought by him within the same ACT XV. ACT ANENT THE ELECTION OF Officers of Estate Counsellours and Sessioners 16. September 1641. OUR Soveraigne Lord and the Estates of Parliament considering that whereas there was an Article in the Treatie anent the manner of choosing and placing of Officers of State Counsellours and Sessioners whereof the answer was remitted to be determined by his Majestie and this Parliament And his Majestie being willing to give this his ancient and native Kingdome all satisfaction possible That fit and qualified persons shall ever fill these places And considering that his Majesties residence because of his great affaires will be more ordinary in England then here whereby the qualification of persons may not at all times be so well knowne to him Therefore his Majestie with advice and consent of the Estates of Parliament Declares for himselfe and his Successors That he will nominate and make choice of such able and qualified persons to fill these places as shall be fittest for his service and may give most contentment to the Estates of Parliament Which nomination and choice His Majestie will make with the advice and approbation of the saids Estates of Parliament during their sitting And if any of the saids
or Prince and their Vassals to be free of the said taxe notwithstanding of this present Act or any Act preceding And that letters be direct thereupon by the Lords of Session to charge the Free-holders heritors and life-renters holding of his Majesty and the Prince to conveene at the head Burgh of every shire upon one speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent the saids free-holders heritors and life-renters for the tenth peny more of the said whole summe so calculate for the expences of the letters to be raised therefore and others charges in the collection thereof with certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instance of the said Commissioners for payment thereof in manner above-written And if payment be not made within the dayes contained in the charge so that the Commissioners be forced to pound therefore Then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerlie and if the suspension discusse against the suspender in that case the suspender shall be ordained to make payment to the Commissioners of the double of the summe charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the commissioners of this present Parliament and all Parliaments â—ereafter ACT XIX ACT IN FAVOURS OF THE COMMISsioners for the Sherifdome of Sutherland 11. November 1641. OUR Soveraign Lord and Estates of Parliament considering that by an Act of the date of thir presents made anent the expences of Commissioners of Shires passing to Parliaments or Generall Councels and Conventions allowance shall be given to the saids Commissioners for their whole charges and expences in manner specified in the said Act And that the daily allowance appointed for ilk Commissioner in manner mentioned and divided in the said Act after the rising of the saids Parliaments or generall Councels shall be calculate and put in a summe by the Clerks of Parliament under their hand to be divided and imposed proportionally upon the whole Freeholders of the Kings Majesty and the Prince according to the stent of their lands lying within the Shire And that letters be direct thereupon by the Lords of Session to charge the saids Freeholders of his Majesty and Prince to conveen at the head Burgh of every Shire upon a special day for dividing setting down the proportion thereof in maner foresaid as the said Act made in favours of the said whole Commissioners of small Barons and Shires at more length bears And his Majestie and the saids Estates considering that in the Parliament in the year of God 1633. a particular Act of Parliament was made in favours of the Free Barons and others Inhabitants within the Sherifdome of Sutherland giving power to them to elect and choose their own Commissioners for the said Sherifdome to compeir at Parliaments meetings and generall Conventions within this kingdom at all occasions And considering likewise that by the said Act made in favours of the saids whole Commissioners the Commissioner chosen and attending this present Parliament for the Sherifdome of Sutherland and the Commissioners who shal be chosen and sent from the said Sherifdome of Sutherland to attend thir Parliaments Generall Councels and other Generall meetings and Conventions of Estates hereafter in all time comming shall have no allowance of their expences and charges to be depurst by them in the said service albeit the said Shire be one of the remotest and farthest distance in the Kingdome Because there is onely two Inhabitants within the said Shire holding Lands of the Kings Majesty the whole remanent heritors being either Vassals to the Earle of Sutherland or holding their Lands of some other Superiour And so according to the said generall Act the allowance of the Commissioner of that Shire cannot be divided not imposed for payment and satisfaction of his charges and expences except the samine be extended against the Heritors Fewars and Freeholders within the said Sherifdome holding lands of other Superiours in manner under written Therefore His Majesty and Estates of Parliament ordains the allowance appointed by the said generall Act in favours of the Commissioners of the said Sherifdome of Sutherland to be extended divided and imposed proportionally upon all and sundry Heritors Fewars Life-renters and Freeholders within the said Shire whether they bee Vassals to his Majesty or holding their lands of any other Superiours whatsoever according to the stent of their lands lying within the said Shire and that letters be direct thereupon by the Lords of Session to charge all and sundry the Heritors Fewars Life-renters and Free-holders within the said Shire holding of any Superiour whatsoever to conveene at Dornoch being the head Burgh of the said Shire upon a speciall day for dividing and setting down the proportion thereof in manner foresaid With power also to stent all and sundry the saids Heritors Fewars Life-renters and Free-holders holding of whatsoever Superiour within the said Shire for the tenth penny more of the saids whole summes so calculted for the expences of the letters to be raised therefore and others charges in collecting thereof With certification that such as shall conveene shall have power to proceed notwithstanding of the absence of the rest And that letters of horning and pounding be direct thereupon at the instances of the saids Commissioners for payment thereof in manner above written And if payment be not made within the dayes contained in the charge so that the said Commissioners shall be forced to pound therefore then and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe And that no suspension passe thereupon but upon consignation allanerly And if the suspension shall discusse against the Suspender in that case the Suspender shall be ordained to make payment to the Commissioners of the double of the sum charged for by and attour the Commissioners others charges and expences in discussing the suspension And this Act to take effect for the Commissioners of this present Parliament and all Parliaments hereafter ACT XX. ACT ANENT THE NOMINATION And election of the Officers of Estate 13. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament conveened in Parliament nominated and elected the persons underwritten to the places and offices of Estates of this Kingdome respective after mentioned formerly possest by them viz. Robert Earle of Roxburgh to the place and office of Privie Seale William Earle of Lanerk to the place and office of Secretarie Sir Thomas Hope of Craighall to the place and office of his Highnesse Advocate Sir James Carmichaell to the place and office of
Treasurer depute and Sir John Hamiltoun of Orbestoun to the place and office of Justice Clerk and that ad vitam vel culpam conforme to the Act of this present Parliament made anent the election of Officers of Estate Counsellours and Sessioners upon the sixteenth day of September last by-past Like as his Majesty with advice and approbation foresaid gives and dispones to the forenamed persons and ilk one of them ad vitam vel culpam as said is the foresaids Offices respective above mentioned whereunto they are nominate and elected in manner foresaid Together with all honours dignities profits benefits liberties and priviledges which have beene possest and bruiked by any preceding Officers of Estate of the foresaids offices above written and which may be now bruiked by the Lawes of this Kingdome And ordaines a gift to be past and exped under his Highnesse great Seale to ilk one of the persons above named of the foresaid offices respective above written whereunto they are nominate and elected in manner before rehearsed ACT XXI ACT ANENT THE NOMINATION AND Election of Sir Alexander Gibson to be Clerk Register 13. November 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament nominated and elected Mr. Alexander Gibson younger of Durie to the place and office of Clerk of Register of this his Highnesse ancient and native Kingdome of Scotland and that ad vitam vel culpam conform to the Act of this present Parliament made anent the election of Officers of Estate Counsellers and Sessioners upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid gives and dispones to the said Mr. Alexander Gibson younger of Durie ad vitam vel culpam as said is the foresaid office of Clerk of Register with all honours dignities priviledges profits casualities and liberties pertaining to the said office conforme to the foresaid Act and to the gift to be granted to him of the samine office under his Highnesse great Seal to be bruiked and possest by him as the samine hath been possest and bruiked by any preceding Clerk of Register and which may be now bruiked by the Laws of this Kingdome And ordains a gift to be past and exped under his Highnesse great Seal to the said Mr. Alexander Gibson of the foresaid office of Clerk of Register with all honours dignities profits casualities liberties and priviledges belonging thereto ACT XXII ACT ANENT THE NOMINATION AND Election of the Councellors 13. Novem. 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament conveened in playne Parliament nominated and elected the Persons under-written viz. Lord Lowdoun Chancellour Duke of Lennox Marques of Hammiltoun Earle of Argyle Earle Marshall Earle of Sutherland Earle of Mar Earle of Mortoun Earle of Eglintoun Earle of Cassils Earle of Glencairne Earle of Murray Earle of Perth Earle of Dumfermling Earle of Wigtoun Earle of Kinghorne Earle of Roxburgh Earle of Seaforth Earle of Lauderdale Earle of Lothian Earle of Kynnowll Earle of Southesk Earle of Weymes Earle of Dalhoussie Earle of Findlater Earle of Lanerk Earle of Levin Lord Angus Lord Lindesay Lord Yester Lord Sinclare Lord Elphingstoun Lord Balmerino Lord Burghlie Lord Amont Lord Balcarras the Clerk of Register Advocate Justice Clerk Thesaurer depute Master of requests Sir Robert Gordoun Sir William Douglas of Cavers Sir Patrik Hepburne of Wauchetoun Laird of Dundas Laird of Fintrie Laird of Cambo Laird of Dun Laird of Innes Laird of Morphie and the Provest of Edinburgh for the time being To be of the Councell ad vitam aut culpam conform to the Act made in this present Parliament upon the 16. day of September last by-past anent the nomination and election of the Officers of Estate Counsellors and Sessioners and conform to the Commission to be granted by the Kings Majestie with the advice and approbation of the Estates of Parliament to the saids Lords and others of his Majesties secret Councell above named for government of this Kingdome in all affairs concerning the peace good and happinesse thereof which by the Lawes and Custome of this Kingdome pertaine to his Majesties secret Councell Like as his Majestie with advice and approbation foresaid likewise nominated and elected the Earle of Arrundel the Earle of Pembroke the Earle of Salisbury and the Earle of Holland to be supernumerarie Counsellors of his Majesties Privie Councell of this Kingdome and to be contained in the foresaid commission to be granted to the Councell as supernumerarie there-intill And his Majestie with advice and approbation foresaid gives and grantes to the saids Counsellors above named and every one of them all honours dignities liberties immunities and priviledges whatsoever belonging to the Lords and others of his Highnesse Privie Councell of this his ancient and native Kingdome To be bruiked and possest by them siclike and with all respects as the samine have beene bruiked by any preceding Counsellers of his Majesties Privie Councell foresaid and which may be now bruiked and enjoyed by them by the Laws of this Kingdome conforme to the foresaid Act of the sixteenth day of September last by-past and to the commission to be granted to the saids Lords and others of his Majesties Privie Councell as said is ACT XXIII ACT ANENT THE NOMINATION AND Election of the Lords of Session ordinary and extraordinary 13 November 1641. THe which day the Kings Majestie with advice and approbation of the Estates of Parliament conveened in plaine Parliament nominated and elected Sir George Erskene of Innerteil Sir Alexander Gibson of Durie Sir Andro Fletcher of Innerpeffer Sir John Hamiltoun of Orbestoun Justice Clerk Sir James Carmichaell of that ilk The saurer depute Sir James Leirmonth of Balcomie Sir James Macgill of Crastoun Riddell Sir George Halyburtoun of Fodderance Sir John Hope of Craighall Sir John Scot of Scottistatbet Sir Alexander Falconer younger of Hackertoun Sir John Leslie of Newtoun and Sir Thomas Hope of Kerse Knights Mr. Archibald Johnstoun of Warristoun and Mr. Adam Hepburne of Humbie To be the fifteen ordinair Lords of Session and Senators of the Colledge of Justice and that ad vitam vel culpam and Judges for administration of Justice to the lieges conform to the foundation and erection of that Soveraigne Judicatorie of the Colledge of Justice Like as his Majestie with advice and approbation of the saids Estates of Parliament gave and disponed and hereby gives and dispones to the saids fifteen ordinair Lords of Session above named and to ilk one of them ad vitam vel culpam as said is the fifteen ordinarie places of the said ordinair Lords and Senators of the Colledge of Justice with all fees honours dignities profits casualities immunities liberties and priviledges whatsoever pertaining and belonging to the ordinair Lords and Senators of the Colledge of Justice and their places thereof to be bruiked and possest by the persons above named now nominate and lected thereto as said
is And ilk one of them siclike and with all respects and priviledges fees casualities immunities liberties and profits whatsoever as the samine hath beene possest and bruiked by any preceding Lords and Senators of the said Colledge of justice and which the saids Lords and Senators foresaids may now bruike and enjoy by the Lawes of this Kingdome and that ad vitam vel culpam conforme to the Act of this present Parliament made hereanent upon the sixteenth day of September last by-past Like as his Majestie with advice and approbation foresaid likewise nominated and elected Archibald Earle of Argyle Archibald Lord Angus John Lord Lindsay and John Lord Balmerino to be the foure extraordinair Lords of Session and Senators of the said Colledge of justice conforme to the foresaid Act made anent the nomination and election of the Officers of Estate Counsellours and Sessioners of the date the 16. day of September last by-past And His Majesty with advice and approbation of the saids Estates gave and disponed and hereby gives and dispones to the saids foure extraordinair Lords of Session above named and to ilk one of them the foure extraordinair places of the saids extraordinair Lords and Senators of the Colledge of justice with all honours dignities immunities liberties and priviledges whatsoever belonging to the extraordinair Lords of Session and their places thereof to be bruiked and possest by the foresaids foure Lords above named now nominated and elected thereto siclike and with all respects as the famine have beene possest and bruiked by any preceding extraordinair Lords of the Session and which may be now bruiked and enjoyed by them by the Lawes of this Kingdome ACT XXIV COMMISSION FOR REGULATING The common burthens of the Kingdome 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that during the time of the late troubles of this Kingdom there were many great summes and burdens contracted undertaken and advanced for the outreiking and maintenance of the Armies and for other publike affaires As likewise considering that the courts of the common burdens of the Kingdome and the accounts of the tenth penny and of the other debts resting due and payable to the publike Together with the accounts and intromissions of all Commissioners Collectors others persons who have had any charge or intromission with any thing pertaining to the publike aswell in the Countrey as at the Army and other parts abroad are not yet fully closed cleared counted for payed nor reduced in order And seeing it is absolutely necessary that all the debts contracted and advanced for the publike use either within the Kingdome or without the famine be known satisfied payed and relieved As also that every thing resting to the publike be counted for payed and brought in for reliefe of the common burthens and that the whole counts of the Armies and other counts within and without the Kingdome together with the accounts of the monthly maintenance of the Army and Brotherly assistance granted by the Parliament of England for reliefe of the common burthens of this Kingdome at least so much thereof as is already payed be all cleared fitted and closed and that the rest and superplus of the said brotherly assistance yet resting may be craved uplifted and received for the publike use And it being likewise necessary that all and every person who have had any trust and intromission with any thing pertaining to the publike either within the Country or at the Armie or any other place be called to an account for their intromission and that the Generall Officers and others who have served in the publike be satisfied and recompensed for their service according to their demerits As also that the losses sustained by the particular persons whose ships and goods were taken at Sea either in England or Ireland be taken to consideration To the effect that the whole burthens and debts resting by the publike being knowne and all that is due to the publike being counted for payed and brought in for relief of the common burthens the estate and condition of the publike affairs may be the better known and according lie such course taken thereanent as may best conduce for the good and weale of the country And seeing the clearing and setling of the premisses will necessarily draw to such a length of time as his Majesty and the Estates of Parliament cannot in this present Parliament receive call for nor examine the saids accounts and common burthens of the Kingdome and settle and order every thing concerning the same In respect whereof Our said Soveraign Lord and Estates of Parliament have found it necessary and expedient that a select number of the severall Estates of the Kingdom be nominated authorised and appointed for clearing and setling of the whole premisses and for directing setling and ordering of every thing which may concerne the same Or which may offer and come in consideration thereanent Therefore His Majestie and Estates of Parliament presently conveened do by vertue of thir presents elect nominate choose authorise and appoint the persons after specified viz. John Earle of Lowdoun High Chancellour of Scotland Archbald Marques of Argyle Alexander Earle of Eglintoun John Earle of Cassils William Earle of Glencairne John Earle of Lauderdaill William Earle of Lothian John Earle of Lindesay David Earle of Southesk Iames Earle of Findlater Iohn Lord Sinclair Iohn Lord Balmerino Robert Lord Burghlie George Lord Forrester Sir Charles Erskene of Bandeth Sir David Hoome of Wedderburne Sir Robert Innes of that ilk Sir George Dundas of that ilk Sir William Cunyngham of Capringtoun Sir Iohn Wauchope of Nidrie Sir Alexander Erskene of Dun Sir Gilbert Ramsey of Balymayne Sir Duncane Campbell of Auchinbrek Sir William Forbes of Craigievare Sir Robert Greirsone of Lag Master George Douglas of Bonjedburt William Rig of Ethernie Alexander Gordoun of Earlstoun Iohn Binnie Burges of Edinburgh Thomas Durham Burges of Pearth Patrik Leslie Burges of Aberdene George Bell Burges of Linlithgow Patrik Bell Burges of Glasgow Iames Sword Burges of Saint Andrewes Iohn Kennedye Burges of Air Iohn Sempell Burges of Dumbartane William Glendoning Burges of Kirkcudbright Iames Scot Burges of Montrose Master Robert Barclay Burges of Irving Iames Anderson Burges of Couper George Gardine Burges of Bruntiland and Master Alexander Dowglas Burges of Bamff Together with Alexander Earle of Levin and Sir Adam Hepburne of Humbie one of the Senatours of the Colledge of Justice whom His Majestie and Estates of Parliament adde to the foresaid number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect above and after specified Of the which persons any twelve of them shall be a Quorum there being alwaies three of them of ilk Estate To whom our said Soveraign Lord and Estates and whole body of the present Parliament Gives grants and commits full power warrant and commission to meet and conveen within the burgh of Edinburgh or such other places as
number as ordinair members with the rest to be Commissioners from his Majesty and the Parliament to the effect after specified Granting and committing like as his Majesty and Estates foresaids doe by vertue of thir presents grant full power warrand and commission to the forenamed persons or to any twelve of them who shall be a quorum there being alwayes three of them of ilk estate either by themselves or by such others persons as shall be intrusted and authorised by them or their Quorum foresaid for that effect to crave receive uplift and intromet with the foresaid summe of two hundreth and twentie thousand pounds sterling money foresaid yet resting unpayed of the said brotherly assistance promised and obliged to be payed by the said Parliament of England in manner foresaid And with power to the saids Commissioners or such as shall be appointed by them as said is to give and grant discharges upon the receit of the said summe in whole or in part which shall be al 's vallid and sufficient as if the famine were granted by his Majestie and whole body of this present Parliament And with power to them to setle accord and agree upon the best wayes and courses how the said brotherly assistance may be most timously conveniently payed at the termes of payment appointed for that effect or otherwise how the famine may be advanced either by exchange or otherwise for defrayment and reliefe of the saids common burdens as may be most conducible for the reliefe and good of the publick And whatever acquittances or discharges the forenamed persons or such other persons as shall be authorized by them shall grant subscribe upon the receit of the said summe or any part thereof or whatever other course they shall accord and agree upon concerning the famine his Majesty and the Estates of Parliament doe by these presents approve and authorise the same and if need bee shall ratifie the famine in the next ensuing Parliament And generally our said Soveraigne Lord and Estates foresaids grants and commits full power and commission to the forenamed persons and their Quorum foresaid and to these who shall be authorised by them as said is to doe exerce accord and agree upon all and every thing necessary anent the payment and recoverie of the foresaids summes and every thing else which may concerne the samine in all respects needfull and expedient Whereanent our said Soveraigne Lord and Estates of Parliament declares that thir presents shall be a good and sufficient warrand for them and all others whom the samine may concerne the forenamed Commissioners and these to be authorised and appointed by them for the effect above specified being alwayes comptable and answerable for their carriage and proceedings in the premisses ACT XXVIII ACT AGAINST GOING OF Salt-pans and Mils on the Lords day and other prophanations of that day 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering notwithstanding the Acts of the Generall Assembly ratified in this present Parliament June 1640. against the prophaning of the Lords day by going of Salt-pans Salmond fishings Kils Mils and hyring of shearers on the said day yet the saids abuses are not left off but rather increased Therefore Our Soveraign Lord and Estates foresaids for the better restraint of the saids abuses and prophanations do againe inhibite and discharge all going of Salt-pans or Mils and all working of works thereintill upon the Lords day and all hyring and conditioning of shearers on the said day and that under the paines and penalties following to be payed to the particular Sessions of every paroch wherein the abuses before specified are committed to be imployed to pious uses viz. The summe of twenty pounds for ilk day foresaid working in manner foresaid of ilk Salt pan of ilk dayes fishing of Salmond and of ilk Mill to be payed by the heritors and possessors thereof for the time and the masters to be answerable for their servants And the summe of ten pounds for ilk shearer and fisher of Salmond on the Lords day the one halfe to be payed by the hyrers and conducers the other halfe by the persons hired toties quoties And ordaines the magistrates of the town to keep the transgressours in ward while they pay the said penalties for the which the Magistrates shall be answerable to their sessions And further Our said Soveraign Lord and Estates do hereby inhibite and discharge all Markets using of Merchandize carrying of loads upon the Lords day and all other prophanations or abuses thereof whatsoever And that under the same pain of ten pounds to be payed by every transgressour to their Sessions respective for the uses foresaid toties quoties And ordaines the saids penalties respective above specified to be exacted by and attour the confiscation of the salt corne marchandize loads and other goods whatsoever imployed used gayned or made and wrought in the prophaning and a busing of the said Lords day which paine is also hereby ordained And if the transgressours be not able to pay the penalties foresaids ordaines them to be punished exemplarly in their bodies according to the merit of their fault toties quoties ACT XXIX ACT ANENT THE NOMINATION AND Election of Sir James Galloway to be Master of Requests 15. November 1641. THe which day the Kings Majesty with advice and approbation of the Estates of Parliament nominated and elected Sir James Galloway to be Master of Requests of this His Highnes Ancient and Native Kingdome of Scotland and that ad vitam vel culpam conforme to the Act of this present Parliament made anent the Election of Officers of Estate Councellours and Sessioners upon the sixteenth day of September last by past Like as His Majestie with advice and approbation foresaid Gives and dispones to the said Sir James Galloway ad vitam vel culpam as said is the foresaid office To be Master of Requests of this His Majesties Kingdome With all Honours Dignities Priviledges Profits Casualities and Liberties pertaining to the samine office which have been possest and bruiked by any preceding Master of Requests and which may be now bruiked by the Lawes of this Kingdome And ordains a gift to be past and exped under his Highnes great seale to the said Sir James Galloway of the foresaid office With all Honours Dignities Profits Casualities Liberties and Priviledges pertaining and belonging thereto as said is ACT XXX ACT ANENT THE COMMISSION FOR Plantation of Kirks and Valuation of teinds 15. November 1641. OUR Soveraign Lord and Estates of Parliament Considering the humble Supplication of the general Assembly presented by the Commissioners thereof for planting of Kirks uniting or dis-uniting of Paroches and for other pious and good workes mentioned thereintill For the which and other causes after specified It is necessair That power commission be given from His Majesty and Estates to the effect under-written And therefore His Majesty and Estates foresaid have granted and by these presents grant full
distant from the proper Paroche Kirke and more neere and ewest to the next adjacent and contiguous Paroche Kirke from their owne proper paroch Kirke from the which the parts and portions are farther distant and to unite and adjoine them to the other paroch Kirk to the which they are more ewest And al 's to unite Kirks and parochines lying so neere other and being so little bounds and small number of Parochiners that the union of them shall be found more usefull and conducible for the good and ease of the Parochiners of both the Kirks and their edification Providing that the dividing of large parochs the dis-membring of ane part of the saids parochines in case foresaid and the uniting of Kirks and parochines of the qualitie above specified be done upon the speciall recommendation of the Presbyterie Synod or Generall Assembly given-in in writ and after the Commissioners have cited and heard the Parochiners of both Kirks thereanent and no otherwise And to set down a solid order and take course for furnishing the elements to the Communion twice in the year or oftner where they are not provided at all or not sufficiently provided And al 's to take order for paying of the charges of the Commissioners to the generall Assemblies without burdening the Ministers stipends therewith And siclike with power to them to advise take course and determine in all things referred to them by any particular act or reference from the generall Assembly to this Parliament or from the Parliament to them And because the Kings Majesty considering that the names and titles of Bishops and Bishopricks by the Acts and Statutes of Kirk and Kingdome are abolished and suppressed and that thereby the tithes parsonage and viccarage and teind duties of whatsoever Kirks or Titles pertaining to the saids Bishopricks are become in his Majesties hands and at his Majesties disposing And his Majesty being graciously pleased out of his pious and royall affection to the maintenance of the true Religion and puritie thereof presently established within this his Majesties ancient Kingdome to take such a course with the saids teinds and teind duties pertaining to the saids Bishopricks and of all teinds and Kirks annexed thereto that the famine may be applied to the use and benefit of the Ministers serving the cure of the saids Kirks and to the maintenance and supply of Universities Colledges and Schools Like as his Majesty before his comming to this his ancient Kingdome in his owne royall person sent and directed his letters to the Generall Assembly of the Kirk conveened at Edinburgh in July last whereby his Majesty declared his constant purpose and resolution to imploy the teinds of the saids Bishopricks to the uses above specified And therefore his Majesty according to his royall promise and for performance thereof hath declared and by thir presents declares by advice and consent of the Estate that the teinds and teind duties of all and whatsoever Kirkes parsonage and viccarage thereof and teinds of whatsoever nature pertaining to the saids Bishopricks shall be applied to the maintenance of the Ministrie and of the Universities and Colledges and other pious uses and to no othet use and that according as the same shall be particularly distributed by the Commissioners foresaid to whom his Majesty and Estates grants power for this effect And declares all gifts granted or to be granted by his Majesty to whatsoever person or persons of the foresaid teinds and teind duties or any part thereof except to the uses foresaid to be null in the self Excepting alwaies all gifts already granted by his Majesty to whatsoever person or persons of their own teinds and to the maintenance of Universities and Colledges they and every one of them alwayes being liable to the plantation of the Kirks to the full quantity contained in the Acts made thereanent Likeas it is declared hereby that all teinds and teind duties which belonged to Chapters Deanes Sub-deanes and other dignities of the Chapters shall bee liable to the like provisions of the Kirks which were annexed thereto according to the proportion of eight Chalders victuall or eight hundred marks forth of the teinds of their owne parochins allanerly according to the Act of Parliament And sicklike with power to the saids Commissioners as said is to take order that every heritor and life-renter of land having right thereto by infeftment of life-rent right of terre or by band for infeftment of life-rent shall have the leading of their owne teinds personage and viccarage therof they paying the price contained in the act above-specified Incase they be willing to buy the same from the titular having power to sell or otherwise Paying the rate of teind exprest in the acts made thereanent And to that effect with power to the saids Commissioners to set down the price of sellable teinds according to the worth thereof in each part of the country where the famine grow and are bred And al 's with power to them to set downe such good and ample securities as may stand by law both for the buyers of the teinds to the effect the titulars may be fully denuded in their favours And also for security to the titulars and sellers of the price due to be payed to them for the saids teinds And also to set downe the security in favours of the titulars and of the ministers so far as concernes the maintenance assigned to them for good thankfull and timous payment of the rate of teinds where the famine are not or cannot be sold And siclike with power to the saids Commissioners To discusse and determine all questions which may arise betwixt the titulars and heritors anent the price of teinds according to the nature and quality of the rights to be sold whether the same be heretable or temporall and to proportionate the price accordingly And also to divide the price of teind betwixt the heretors and life-renters thereof betwixt titulars and taksmen and others who have severall and distinct rights to the saids teinds sellable according to the quality of the rights And also with power to them to cause the titulars who sell their saids teinds to exhibit their rights and titles to the effect they may be lawfully denuded thereof in favours of the saids heretors and life-renters respective without prejudice alwayes to his Majesties annuitie to be payed forth of the saids teinds by the saids titulars of teinds or heretors or life-renters of lands according to the tenour of the act of annuity And generally with power to the saids Commissioners to decide and determine in all other points which may concerne the leiding and drawing of teinds the selling and buying of the same or payment of the rates thereof contained in the acts of Parliament made thereanent And whereas it may fall out that some of the Commissioners now appointed by his Majesty and Estates may be unable to attend the service through death sicknesse or some other notar and knowne impediments Therefore his
to bee made with forraign Princes and Estates and concerning mutuall Supply in case of forraign Invasion and also concerning mutuall Trade and Commerce betwixt the Kingdome of Scotland England and Ireland and anent the pressing of Ships and men by sea or land and al 's anent Naturalization and mutuall Capacity of the Subjects of both Kingdomes who either of them respective of all Dignities Liberties Priviledges and other Benefits Ecclesiasticall or civill and others of that nature and concerning the lawfullnesse and solemnity of the extracts of Bands or Decreets in either of the saids Kingdomes And al 's concerning the manner of safe conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland of the moneys given and promitted by way of brotherly supply and assistance to the Estate and Kingdome of Scotland by the Parliament of England And concerning what assistance Scotland shall give to England for suppressing of the Rebellion in Ireland or to the Prince Elector conforme to the instructions given or to bee given to them for that effect by the Lords of secret Councell to whom his Maiesty and Estates of Parliament remits the same And what the saids Commissioners their treaties with the saids Commissioners of England and Ireland resolves and concludes upon that they may make timous and due report thereof to his Majesty and the Estates of this Kingdome ACT XXXII COMMISSION FOR CONSERVING OF The Articles of Treaty 16. November 1641. OUR Soveraign Lord Considering That by the late Articles of Treaty concluded betwixt the Commissioners of His Majesties Kingdome of Scotland and England Ratified by Parliaments of both Kingdoms It is thought fit and necessary for observing the saids Articles of Treaty made for establishing a firme and constant peace That Power and Commission be granted by his Majesty by advice of the Estates of Parliament of both Kingdoms to the effect contained in the said Articles of Treaty for performance wherof upon the part of His Majesties said Kingdom of Scotland His Majestie with consent of the Estates of the said Kingdome by thir presents Gives and grants power and Commission to the persons after-specified viz. John Lord Lowdoun Chancellour James Duke of Lennox James Marquesse of Hammiltoun Archbald Earle of Argyle William Earle of Mortoun Alexander Earle of Eglintoun William Earle of Glencairne Charles Earle of Dumfermling Robert Earl of Roxburgh William Earle of Lothian John Earle of Lauderdaill George Earle of Kynnowll William Earle of Lanerk Alexander Earle of Levin John Lord Lindesay John Lord Balmerino James Lord Almond Sir Patrik Hepburne of Wauchtoun Sir George Dundas of that ilk Sir Thomas Myretoun of Cambo Sir Patrik Hammiltoun Sir Thomas Hope of Kerse Sir Robert Innes of that ilk Sir Archbald Johnstoun Sir Alexander Erskene of Dun Sir David Home of Wedderburne Sir Robert Griersone of Lag Sir William Scot of Harden Sir Iohn Charters of Amisfeild _____ Ruthven of Frieland _____ Campbell of Cessnok Sir David Grahame of Morphie Sir Hary Montgomrie of Giffen Sir William Forbes of Craigievare Sir William Douglas of Cavers Edward Edgar Patrik Bell William Glendoning Iohn Smith Master Robert Barclay Thomas Durham Iames Fletcher Patrik Leslie Thomas Bruce George Bell Iames Sword Iohn Rutherford Master Iohn Corser Hugh Kennedye Iohn Semple Master Robert Cunyngham Master Alexander Douglas Richard Maxwell or any twelve of them With power to them or any twelve of them as said is there being at least two of every Estate at any time or times in the Interim betwixt the sitting of the Parliaments To conveene amongst themselves or with the Commissioners chosen or to be chosen to the same effect by His Majesty with consent of the Parliament of England within which is included the Kingdome of Ireland at whatsoever places and times convenient to be accorded unto amongst themselves And to be carefull that the peace now happily concluded may be continued And to endeavour by all lawfull meanes for preserving and keeping of the saids Articles of peace concluded in the foresaid Treaty allanerly And therewith to use all their care to preveen all trouble and division which may arise by the breaking and violating of any of the saids Articles concluded in the said Treaty as said is And if any debate or difference shall happen to arise to the disturbance of the said common peace That they labour to remove or compose the famine according to their power granted to them in manner foresaid and no other wayes It being alwaies provided That for all their proceedings in this kinde they shall be answerable for the lawfulnesse thereof to the Kings Majesty and the Parliament respective and if any thing fall forth beyond their power and which cannot be remedied by them that they informe themselves of the particulars thereof and represent the same to his Majesty and to the ensuing Parliaments respective That by his Majesties wisedome and authority and theirs all occasions and causes of troubles being removed the peace of the Kingdome may be perpetuall to all posterity And it is declared that the power of this Commission shal be restrained to the Articles of peace concluded in the said Treaty as said is and shall endure for the interim betwixt Parliaments allanerly and shall expire at the next ensuing Parliament at the which the said Commissioners shall be holden to give an account of their diligence and proceeding in the premisses ACT XXXIII ACT ANENT THE FIVE INCENDIARIES And the Plotters And the Kings declaration there-anent 16 November 1641. THe Estates of Parliament considering that whereas albeit John Earle of Traquhair Sir Robert Spottiswood of Donipace knight Sir John Hay of Baro knight late Clerk register Doctor Walter Balcanquell and Mr. John Maxwell somtime pretended Bishop of Rosse are cited before them and accused as guilty of divers haynous and treasonable crimes perpetrated and committed by them against the Common wealth contained in their severall ditties which they have just reason to prosecute Neverthelesse the saids estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native kingdome and his fatherly care and wisedome in composing of all past differences and providing for the future to the great joy and happinesse of all his Subjects doe 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 kingdom Declare that for acquitting themselves of their oath they will onely proceed to the exact triall 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 tryall shall be taken of the saids
pounds money of this Realme and declares that to be the constant price thereof in time comming without respect of deare or cheap Herrings And because the fishers residents in the East Seas and who dwell within the saids bounds on the North and South side of Forth and Tay by-west the Reid-head and Saint Tobs-head in respect of the great hazard and danger they are in in ventring to the North Iles with their Ships and Barks wherein they transport two Boats or Yolles as pendicles of the saids Ships and Barks and vehicles for their use and the better accommodating of their voyage were in use to pay only the summe of five pound in satisfaction of the assise Herrings ilk Tack that holds for ilk Ship or Barke without having respect to Ship-boats and Yolles which are onely pendicles and vehicles of the saids Ships and Barkes Therefore his Majesty with advice of the Estates being certainly perswaded that it is unpossible to the saids fishers to accomplish their voyages unlesse they have two Ship-boats or Yolles carried in the saids Ships or Barks as pendicles and vehicles thereto Declares that the saids fishers are and shall only be liable in the said summe of six pounds in full satisfaction of the assise in the North Iles for ilk Ship or Barke ilk Tack that holds not having regard of the saids ship-boats or Yolles there being but two Boats to ilk ship at the farthest which they do hereby liberate and exeem from all payment of any dutie And discharges all our Soveraigne Lords Lieges for exacting or uplifting any other assise from the saids fishers nor the particular duties above specified And ordaines the collectors thereof to uplift the same legally after ilk dreave and to desist from troubling the fishers during the time thereof ACT XL. ACT ANENT LOYALL PACKING OF Salmond 16. November 1641. OUR Soveraign Lord and Estates presently assembled Understanding that the Salmond fishings are one of the principall benefits whereby Trade is maintained and money brought in the Kingdom and that through the evill ordering thereof both in the insufficiencie of the Barrels alse in the disloyall packing of the same not onely is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should returne thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ordaines an act to be made Ratifying and approving all and sundry Acts of Parliament Lawes and Constitutions of this Realme made anent Salmond fishing and the sufficiency of the barrels and loyall packing thereof With this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappell wherefore he shall be answerable without worme-holes and white wood of sufficient tichtnesse for containing the pickle and sufficient tichtnesse for enduring all kind of stresse in the handling and that the barrels contain no lesse then ten gallons of the Stirling pint conforme to an act of His Majesties Councell of the date at Halyrude-house the fifteenth day of July 1619. yeares which His Majesty with consent foresaid Ratifies and approves in all the heads clauses and articles thereof to be ratified in this present Parliament under the paine of five pounds to be payed by the Couper for ilk unsufficient barrell and escheat of the famine barrell and that the famine be well pyned in the pickle before the packing thereof and thereafter the said barrels to be well tichted and double girted before the transporting thereof to forraign Nations And that no barrell be sooner made and blowne but the Coupers birne be set thereon on the tapone staffe thereof in testimony of the sufficiency of the tree and that every couper be answerable and lyable in payment of such losses as happen to be laid on the fish at the Market if it be found to be in the default of the Couper by the insufficiency of the tree or packing or any other meanes in the Coupers fault and that they keep right jedge both in the length of the staves the bilge girth the widenesse of the head and deepnesse of the chin The barrell being made marked and thrice gene in the packing shall be marked with the marking iron under a very particular merchands mark as use is and that no burgh or any other trading with Salmond shall presume to counterfeit the mark or birne of Aberdene under the paine of confiscation of the Salmond by and attour the punishment of the parties counterfeiters at the pleasure of the judge ordinar the one halfe of the said paine to pertaine to His Majesty and the other halfe to the burgh so wronged And ordaines the Magistrates within burgh to put this act to execution ACT XLI ACT ANENT THE KINGS MAJESTIES Rents uplifted by warrant of the Committee of Estates for the publike use 16. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that during the time of the late troubles of this Kingdome there were some of his Majesties rents customes and impost uplifted and intrometted with for serving of the present necessities of the publike affaires of this Kingdome by warrant of the late Committee of Estates and by other publike orders and that there were sundry by-gone pensions and fees due to diverse of His Majesties Pensioners and Servants satisfied and payed to them conforme to their rights and pensions by order of the late Committee of Estates residing at Edinburgh And His Majesty being graciously pleased to approve and allow of the foresaids intromissions had and payment made in manner and for the causes above-written Therefore our said Soveraign Lord with advice and consent of the saids Estates of Parliament Ratifies approves and dispenses with all such intromission with His Majesties rents customes and impost as have been uplifted payed and intrometted with preceding the twenty ninth day of June last by-past for the uses and causes foresaid Together with the payment of the same made by publike order as said is And declares that the famine payment made and intromission had by warrant from the said Committee of Estates or by other publike orders preceding the said twenty ninth day of June last by-past are and shall be sufficient exoneration to the payers of the saids rents customes and impost and to the receivers of the famine by vertue of the saids publike orders and to all others concerned therein like as the discharges upon the payment thereof by publike order foresaid shall be allowed to the payers of the same in the accounts of their intromission with his Majesties rents customes and impost foresaid to be made in His Majesties exchequer whereanent thir presents shall be a sufficient warrant to all that are concerned therintill and to the Lords and Commissioners of His Majesties Exchequer to allow and defray the famine in the saids accounts to be made in Exchequer by the chalmerlands intrometters with and receivers of his Majesties rents customes and impost foresaid and ordaines
to an Act made in this present Session of Parliament with consent of the Estates whereby his Majesty for himselfe and his Successours hath willed enacted and ordained that now and in all time coming the Officers of State Lords of secret Councell and Lords of Session on whose care wisedome and fidelity in their severall judicatories which next unto the supreme Court of Parliament are the chiefe and principall judicatories depends the weal and happinesse of the government shall be chosen now and in all time comming by His Majesty and his Successours with advice and approbation of the Estates of Parliament when they are sitting and for the interim with advice of the Lords of secret Councell and Session respective as in the said Act of Parliament at more length is contained Therefore His Majesty hath with speciall advice and approbation of the saids Estates nominated elected and chosen the persons after following Lord Loudoun Chancellour Duke of Lennox Marquesse of Hammiltoun Earle of Argyle Earle Marshall Earle of Sutherland Earle of Mar Earle of Mortoun Earle of Eglintoun Earle of Cassils Earle of Glencairn Earle of Murray Earle of Pearth Earle of Dumfermling Earle of Wigtoun Earle of Kinghorne Earle of Roxburgh Earle of Sea-forth Earle of Lauderdaill Earle of Lothian Earle of Kinnowl Earle of Southesk Earle of Weymes Earle of Dalhoussie Earle of Finlater Earle of Lanerk Earle of Levin Lord Angus Lord Lindesay Lord Yester Lord Sinclair Lord Elphingstoun Lord Balmerino Lord Burghlie Lord Almond Lord Balcarras Clerk Register Advocate Justice Clerk Thesaurer Depute Master of Requests Sir Robert Gordoun Sir William Douglas Sir Patrike Hepburne Lord Dundas Lord Fintrie Lord Cambo Lord Dun Lord Innes Lord Morphie The Provest of Edinburgh for the time being and thir supernumerarie Councellors English viz. _____ Earle of Arundall _____ Earle of Pembroke Earle of Salisbury _____ Earle of Holland To whom or any nine of them by these supernumerary above named His Majesty with advice and consent of the said Estates hath committed and commits the administration and governement of this his Majesties native Kingdom in all affaires concerning the peace good and happinesse thereof which by the Lawes and Custome of this Kingdome pertaines to the judgement cognition and determination of his Majesties privie Councell with power to them or any nine of them as said is to meet and conveen at the place appoynted for the ordinair residence of his Majesties privie Councell within the burgh of Edinburgh or at any other place or places which by common consent in case of any necessity or urgent occasion thereof shall bee found most fit and convenient and there to advice consult deliberate conclude decerne and determine upon all and sundry affaires purposes and actions which may concerne the good and peace of the Kingdome according to the Lawes and Acts of Parliament established or to bee established within the famine and to heare decide and determine upon all causes and actions betwixt Subject and Subject proper to bee decided by the Lords of his Majesties privie Councell and that none bee present at their meetings but such as are of the privie Councell with the clerke of the privie Councell whom his Majesty with advice foresaid continues in his place as of before His Majesty with advice and consent foresaid hath likewise given and granted and by the tenour hereof gives and grants full power and Commission to the said Councell and every one of them upon any interveening occasion of disorder or trouble in such parts of the Countrey where they shall remaine for the time To command and charge the person or persons committers of such disorders to observe and keepe his Majesties peace and to charge the contraveeners thereof to enter their persons in ward in such part or places or within such a short space as the said Councellour shall think meet there to remaine till order bee taken by a full number of the Councell in the matter wherein they have offended Providing alwayes he be comptable to his Majesty and the rest of the Councell and that no just cause of complaint be heard against him And if the person or persons so charged to ward shall happen to disobey and contemn the charge his Majesty with advice and consent of the saids Estates declares that upon report thereof to the Councell a pecuniall summe shall be imposed upon the offender according to the quality of his person and nature of his offence and the Councell is to cause apprehend the offenders and commit them to ward with power likewise to the said Councell to make and set downe Acts and Ordinances for governement of the Kingdome and suppressing of disorders within the same With power likewise to the said Councell to give and appoynt Assessors to the Justice generall and his Deputies in case of necessity and to give warrant to the said Justice his Deputes and Assessors for continuing execution after conviction or for mitigating the punishment of the Law in criminall causes if the nature and quality of the crymes shall require to grant Commissions of Justiciarie in matters criminall other Commissions in matters concerning the weale of the Kingdome and al 's with power to them to give warrant to the said Justice generall his Deputes and others Commissioners foresaids for imponing of fines or pecuniall summes upon the crimes of Adultery bearing and wearing of Hagbuts and Pistolets usury and such other transgressours of the acts of Parliament where the punishment by the Law is inflicted upon body or goods or left to the arbitriment of the Judge And likewise with power to them to grant exemptions from hostes raids assises and licences for departing out of the Kingdome according to the conditions contained in the act of Parliament And alse with power to the said Councell in case an open and avowed rebellion shall happen to be raised within the said Kingdome which cannot be redressed but by force To give commission of Lieutenantrie and Justitiarie for repressing of the said rebellion and to direct charges to such parts of the countrey as they shall think fit for concurrence to be given in execution of the said commission and to give order and direction to furnish and advance the summes of money that shall be requisite in such expeditions With power likewise to the said Councell to raise the Session upon any interveening occasion or necessity and to appoint times and places of their downe sitting And generally with power to the said Councell to do use and exerce all and every thing which the Councell of the said Kingdome did or might have done the time of his Majesties late Father Providing alwayes like as his Majesty expresly provides with advice and consent foresaid that this Commission shall no wayes be prejudiciall to the commission of Exchequer And it is declared that any nine of the said Councell shall be a sufficient number and make a Session providing the Lord Chancellour be one of the nine and in case of the
of the saids Estates makes nominates and constitutes John Earle of Loudoun High Chancellour of this Kingdome Archbald Earle of Argyle Lord Campbell and Lorne William Earle of Glencairne Lord Kilmars John Lord Lindesay of Struther and Sir James Carmichael of that ilk Knight Thesaurer Depute his Majesties Commissioners to the effect under-written And gives and grants to them or any three of them the full place and power of His Majesties high Thesaurer Comptroller Collector and Thesaurer of his Majesties new augmentations with all liberties priviledges immunities benefits and emoluments whatsoever pertaining to the said place of high Treasurer Comptroller Collector and Thesaurer of his Majesties new augmentations and that in as ample manner and quality as the famine was in the Persons of any of His Majesties high Thesaurers in any time of before With power to them or any three of them to uplift gather and intromet with all and sundry His Majesties rents revenewes customes imposts casualities commodities dueties and others whatsoever any wayes belonging to his Majesty within this Kingdome or to his Majesties dearest Sonne the Prince and that of all years and termes by-gone and yearely in time comming and with power to them or any three of them with advice of the remanent Commissioners of Exchequer contained in his Majesties Commission under the great Seale and according to the tenour thereof to compone passe and subscribe signators gifts confirmations escheats liferents remissions tutories gifts by forfeiture recognition wards marriages reliefe non-entresses legittimations presentations taks rentals licences dispensations and others dispositions writs and securities whatsoever pertaining to the saids Offices or any of them or to the power and priviledges thereof But prejudice alwayes to the said Sir James Carmichael Thesaurer Depute of his gifts of the office of Thesaurary Depute whole liberties power and priviledges therein contained which are holden as herein exprest but adding or paring to him in the point of receiving and without derogation in any sort to this present act and commission And it is declared that the yearly fees and other casualities due to his Majesties principall Thesaurer and especially the summe of foure thousand pounds scots money shall bee divided equally amongst the saids first foure of the said commissioners by the said Thesaurer Depute who hath right to his owne fee and casualities by vertue of his gifts granted to him thereupon And His Majesty with consent foresaid ordains the Lords of His Majesties Privie Councell Session or Exchequer to grant and direct letters at the instance of the saids Commissioners for answering and obeying them their chalmerlands under receivers and officers of all and sundry of His Majesties rents casualities customes imposts and duties belonging to the said office and that enduring the time of this present Commission which shall endure to the next Parliament ACT LXIX ACT ANENT RESTITUTION OF HORSE And Armes to the Owners out-putters thereof 17. November 1641. OUR Soveraign Lord and Estates of Parliament Considering that diverse Souldiers aswell foot as horse who were imployed reiked out sent forth with the Armies and Regiments levied during the time of the late troubles Having at their going forth and outreiking received troup-horses arms ammunition horses and baggage horses from the heritors of lands and others who did reik and send them forth and that the saids Souldiers keepers up and withholders or have put away the saids horses and armes intrusted to them from the owners thereof Therefore Our said Soveraigne Lord and Estates of Parliament doe hereby grant full power and warrant to the Committee appointed from the Parliament for regulating and setling of the common burdens and debts of the Kingdome and to all other Judges ordinair aswell to Burgh as Land within this Kingdome within whose bounds any such persons dwell or can be found who have keeped or detained either horses or armes That the saids Judges do forthwith upon complaint of the partie owner of the saids horses and armes call the receivers and detainers or out-putters of them before them and to discern and ordain them to deliver the saids horses and armes to the saids owners or the prices of same their receit of them being lawfully proven And with power to the saids judges to do every thing as lawfull and necessair anent the premisses agreeable to Justice and the Lawes of the Country ACT LXX ACT SALVO JURE CUIUSLIBET 17. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that in the present Parliament there are many particular Acts and Acts of ratifications made in favours of particular persons which may be prejudiciall to parties having intrest and not heard albeit the meaning of the Estates be at this time as it was ever in all preceding Parliaments That by no particular Act or Act of ratification granted to any particular person any other parties should bee hurt or prejudged of their lawfull rights and defences competent to them of the Law For remeed whereof it is statute and ordained that no ratification nor other particular Act whatsoever made in favours of any particular person in this present Parliament be prejudiciall to any other parties rights or defences competent to them of the law But that the saids particular Acts and Acts of Ratification made in favours of particular persons be alwayes understood salvo jure cujusâ—ibet ACT LXXI ACT APPOINTING THE NEXT PARliament to conveen the first Tuesday of June 1644. 17. November 1641. OUR Soveraigne Lord and Estates of Parliament Considering that forsameikle as by the Act of Parliament made in the Session of this present Parliament holden at Edinburgh in June 1640. anent trienniall Parliaments It is statute and ordained that before the closure of every Parliament the day of the next subsequent Parliament shall be condescended upon And because this present Parliament is this day by the assistance of God Almighty and his Majesties great wisedome to be brought to an happy conclusion Therefore his Majestie and Estates foresaids appoint and ordaine the first Tuesday of the moneth of June in Anno 1644. yeares to be the day of meeting and conveening of the next trienniall Parliament But prejudice alwayes to his Majesty to appoint any diets of Parliament betwixt and that day as his Majesty shall think fitting And ordaines all the Members of Parliament to meet and conveene at Edinburgh the said first Tuesday of June 1644. and all other persons interessed without any other or farther warning and premonition to be made for that effect declaring hereby that the publication of this Act with the rest of the Acts of this present Session shall be al 's sufficient for meeting and conveening of the whole Members of Parliament as if all former solemnities were used whereanent his Majesty and Estates hereby dispenses FINIS A TABLE OF THE PRINTED ACTS DONE IN THE SESSION Of the second Parliament of our Soveraign Lord King CHARLES c. Holden at EDINBURGH upon the eleventh day of June 1640. And in what Leafe
and Page the same is to be found 1ACT anent the choosing of Robert Lord Burghly to be President in this Court and Session of Parliament in respect of the absence of the Kings Commissioner pag. 3. 2 Act anent the constitution of the Parliament and all subsequent Parliaments pag. 4. 3 Act anent the choosing of Committees out of each Estate pag. 5. 4 Act anent the ratification of the acts of the assembly pag. 6. 5 Act anent the ratification of the Covenant and of the Assemblies Supplication act of Councell and act of Assembly concerning the Covenant pag. 9. 6 Act Recissorie pag. 20. 7 Act for planting of Kirks unprovided with Ministers through the Patrons default pag. 22. 8 Act anent admission of Ministers to Kirks which belonged to Bishopricks pag. ib. 9 Act discharging the going of Salt-pans and Mils on the Sunday pag. 24. 10 Act discharging Salmond fishing on the Sunday pag. ibid. 11 Act against Papists pag. 25. 12 Act discharging Zule vacance and appointing the Session to sit down the first day of November and rise the last of February and thercafter to sit down the first of June and rise the last of July yearely pag. 26. 13 Act discharging the Munday Market in Edinburgh Jedburgh Drumfreis Brechin and Glasgow pag. 27. 14 Act for taking order with the abuses committed on the Sunday by the confluence of people for hiring of Shearers pag. 28. 15 Act for directing Letters of Horning and Caption by the Lords of Session against excommunicate Prelates and all other excommunicate persons pag. 29. 16 Act anent the large Declaration or Manifesto pag. ibid. 17 Act statutarie appointing Parliaments to be holden once every three yeare pag. 30. 18 Act anent the keepers of the Castles of Edinburgh Striviling and Dumbartane pag. ibid. 19 Act anent the Production of the Registers and Records of Parliament to the first Session of each Parliament pag. 31. 20. Act discharging all Proxies to be admitted in Parliament and that no forraine Noblemen shall have place and voice in Parliament unlesse they have ten thousand marks of land-rent within this Kingdome pag. 32. 21. Act discharging the granting of Protections by the Lords of Councell and Exchequer pag. 33. 22. Act anent the Exchequer declaring the same to be onely Judges to matters concerning the managing of the Kings rents and casualities pag. 34. 23 Act in favours of those who held their lands of Archbishops Bishops or of their chapters pag. 35. 24. Act anent Vassals of erections that they be not subject in double payment nor the Superiours defrauded of their few duties pag. 36. 25. Act appointing all grievances to be given in plaine Parliament pag. 37. 26. Act for suppressing the distinction of spirituall and temporall Lords of Session pag. ibid. 27. Act against liesing-makers of whatsoever qualitie office place or dignity pag. 38. 28. Act anulling all unlawfull and unjust Proclamations made under the pain of treason against the disobeyers pag. 39. 29 Act explaining the preceding Acts of Parliament made against Bands and Conventions amongst the Subjects as also declaring the Bands and Conventions made and keeped since the beginning of the present troubles to be legall and lawfull pag. ibid. 30. Act anent the ward and marriage of these who shall happen to be killed in the defence of the Religion and liberties of Kirk and Kingdome pag. 40. 31 Act 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 pag. 41. 32. Act discharging all custome of Ammunition brought home to the Lieges to their owne use for defence of Religion and liberties of Kirk and Kingdome pag. 43. 33. Act for the Committees of Estates pag. ibid. 34. Act anent the common reliefe pag. 48. 35. Act 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 pag. 52. 36. Act in favours of the Kings Vassals 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. pag. 53. 37. Act appointing the fees for the Procuratour the Clerk and Agent for the Kirk pag. 54. 38 Act ordaining the whole Subjects and Lieges of this Kingdome to obey maintain and defend the Conclusions Acts and constitutions of this present Session of Parliament and to subscribe the band appointed for that effect pag. 55. 39. Act declaring the Parliament current and continuing the same while the nineteenth day of November next pag. 59. A TABLE OF THE PRINTED ACTS WHICH WERE DONE IN THIS Session of the Parliament which began the 15. of July 1641. and concluded the 17. of November 1641. With the Acts of continuation of the said Parliament interveening betwixt the last Session thereof holden in June 1640. and the said 15. day of July 1641. 19. November 1640. 1ACT of continuation of the Parliament from the 19. of November 1640. to the 14. of January 1641. 61 14. Januarie 1641. 2 Act of continuation of the Parliament to the 13. of April 1641. 62 13. April 1641. 3 Act continuing the Parliament to the 25. of May 1641. 64 25. May 1641. 4 Act continuing the Parliament to the 15. of Iuly 1641. 65 18. August 1641. 5 Act containing the Oath ordained to be taken by every Member of Parliament before they proceed to any act or determination 67 26. August 1641. 6 Act ratifying the Articles of the Treatie 68 Ultimo Augusti 1641. 7 Act discharging James Bannatines Patent of pearling and wearing thereof 87 1. September 1641. 8 Act discharging unlawfull marriages 88 2 September 1641. 9 Act anent non-covenanting Patrones appointing the right of presentation to their Kirks to pertain to the Presbyterie ibid. 10 Act for freeing of Viccarages provided to Ministers for their stipends of all payment of taxations 89 9 September 1641. 11 Act against suspensions for Ministers stipends duties of Colledges Hospitals and Schooles ibid. 10. September 1641. 12 Act for abolishing the monuments of idolatry 91 13 Act anent non-communicants and excommunicate persons 92 14 Act anent the Bullion 93 16. September 1641. 15 Act anent the election of the Officers of Estate Counsellours and Sessioners 94 Ultimo Septembris 1641. 16 Act anent the nomination and election of the Lord Lowdoun to be Chancellour 95 29 October 1641. 17 Act anent the change of the termes from Whitsunday and Martinmas to Candlemas and Lammas ibid. 11 November 1641. 18 Act anent the charges of the Commissioners for the Barons 96 19 Act anent the charges of the Commissioners for the Sherifdome of Sutherland 98 13. November 1641. 20 Act anent the nomination and election of these Officers of Estate retained in their places 99 21 Act anent the nomination and election of Sir Alexander Gibson younger of Durie to be Clerk Register