and others therein contained and Ordains the same to be put to execution conform to the tenor thereof in all points And also considering how usefull Goat-skins Hart Deer and other wilde Beasts Skins might be if they wrere prepared and improven by Skinners within the Kingdom His Majesty doth therefore with advice foresaid Discharge all Merchants Trades-men and others to Transport any Calf-skin Kid-skin Hudderon or Shorling-skins or any Goats-skins Hart Buck Deer or any other wilde Beasts Skins forth of the Kingdom under pain of Confiscation of the same And for the further incouragement of the Skinner-trade and Manufactury Licence is hereby given to Export Gloves made within the Kingdom free of all Custom and Excise for the space of nineteen years after the date hereof reserving alwayes to the Lord-Treasurer and Commissioners of Exchequer to give Licences for Exporting of Skins as they shall find cause after one year from the date hereof XLVI Act discharging Exportation of Woollen-yarn Worstead broken Copper and Pewter c. THe Kings Majesty considering the great prejudice this Kingdom and Manufacturies do receive by the Export of Worstead Woollen-yarn Raw and Unwaked-cloath and Stuffs and the discouragement that Trades-men and Artists have by the Export of broken Copper Brass and Pewter Doth therefore with advice and consent of His Estates of Parliament Discharge all Merchants Trades-men and others whatsoever as well Strangers as Natives upon any colour or pretext whatsoever to Export forth of this Kingdom any Worstead Woollen-yarn Raw or Unwaked-cloaths and Stuffs whatsoever made within the same Plaiding excepted or any broken Copper Brass or Pewter under the pain of Confiscation of what of any of the particulars above-written shall be apprehended in the Exporting the one half to be applyed for His Majesties use and the other half for the use of the apprehender and pursuer of the same XLVII Act discharging Trades-men to Import Made-work THe Kings Majesty considering the great discouragement given to Manufacturies and Trades by Tradesmen's bringing home from Forraign places such Commodities as may be made within the Kingdom by these of the same Trade Doth therefore with advice and consent of the Estates of Parliament Inhibit and Discharge all Trades-men and Mechanicks to Import from forraign parts any Made-work belonging to that Trade or Calling whereof they are Free-men or to vend the same or any such Ware brought home by Merchants in their Shops or otherwayes under the pain of Confiscation the one half to His Majesties use and the other to the apprehender or pursuer of the same XLVIII Act for incouraging of Soap-works THe Kings most Excellent Majesty considering the great advantage this His ancient Kingdom hath had and may have by erecting and keeping up of Soap-works whereby the Eastern Trade and green-Green-land Fishing will be much helped by Importing of Pot-ashes and other Materials and money brought into the Kingdom by the Exported Soap made within the same And His Majesty being sensible of the prejudice this Kingdom hath suffered during these troubles by the decay of these works and being willing to give all due incouragements to the same for the future Doth therefore with advice and consent of the Estates of Parliament Declare all Oyl Pot-ashes and other Materials of any kinde whatsoever to be imported for the use of Soap-works or making of Soap and all Soap made within the Countrey to be free of all Custom and Excise and all other publick or private Dues whatsoever and also that all Soap so made and Exported shall be free for the space of nineteen years after the setting up of these works and after the date hereof for such works as are already set up and discharges all Customers Collectors or Fermerers of Excise or Custom and all others whatsoever to demand Custom Excise or other Duty for any Oyl Pot-ashes Tallow or other Materials Imported for making of Soap or use of Soap-works allanerly or for Soap made within the Kingdom and exported as said is XLIX Act Reducing the Annuals to Six for the Hundred THe Kings Majesty with advice and consent of the Estates of Parliament Hath thought fit upon divers good considerations to Reduce Likeas hereby they do Reduce the Annualrents of all money within this Kingdom to Six for the Hundred yearly in all time coming And Declares the said Six for the Hundred to be free of all Retention or other publick Burdens whatsoever L. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session FOrasmuch as among the many and unparallel'd blessings wherewith it hath pleased the Almighty GOD to visit these Kingdoms in the return of His Majesty to the exercise of His Royal Government it is the great happinesse of this Kingdom that the ordinary Judicatories the fountains and seats of Justice are by His Majesty established according to their ancient and well grounded Constitutions And the Estates of Parliament considering how much it doth import the advancement of His Majesties service the honour of the Kingdom and the good of the Subjects that the Senators of the Colledge of Justice who are the Supream Judges under His Majesty in all civil Causes should be provided to a competent allowance towards their charge and expenses in their attendance on this their publick Administration And understanding that by the calling down of the Annualrents from ten to six of the hundred and by the disability of some Debitors and by laying aside the twentieth penny of Sentence-silver which is conceived to be an unequal burden and grievance to such as must sute the benefit of the Law and so are lyable thereto before they can have repetition of it or recovery of their just Debts the present yearly allowance to each of them will not exceed one hundred pounds Sterling which being so mean and unsuteable to the honour and reputation of that imployment and to equity and justice as to the persons called by His Majesty to serve therein Therefore the Estates of Parliament have thought fit to grant likeas they do hereby make a free Offer and Grant of a Taxation of Twelve thousand pounds Sterling towards the making up of a Stock whereof the Annualrent is to be imployed for the use aforesaid and to be paid by the Shires and Burghs of the Kingdom the one half thereof in the moneth of November next to come and the other half in the moneth of May thereafter in the year one thousand six hundred and sixty two years and to be raised in the same manner the present or last Impositions are and have been paid And in order thereunto The Kings Majesty with advice and consent of His Estates of Parliament Doth hereby Statute and Ordain the said sum of twelve Thousand pounds Sterling to be paid by the Shires and Burghs of the Kingdom in manner and for the use aforesaid the one half thereof in the moneth of November and the other half in the moneth of May next to come and that the same be brought in and
THE LAWS and ACTS OF THE FIRST PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the First of January 1661. By a Noble Lord John Earl of Middleton Lord Cleremont and Fettercairn His MAJESTIES Commissioner for holding of this Parliament by vertue of a COMMISSION under His MAJESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted and Collected from the Records of Parliament by Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His MAJESTIES Council Registers and Rolls EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1661 CVM PRIVILEGIO CHARLES the 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE IRELAND Defender of the faith â—â—uch not my Anoynted GOD SAVE THE KING FEAR GOD HONOVR THE KING HONI SOIT QVI MAL Y PENSE C R HONI SOIT QVI MAL Y PENSE NEMO ME IMPVNE LACESSET The LAWS and ACTS made in the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Began at Edinburgh the first day of January 1661. I. ACT concerning the President and Oath of Parliament FOrasmuch as it hath pleased Almighty GOD to compassionat the troubles and confusions of this Kingdom by returning the Kings most excellent MAjESTY to the exercise of that Royal Government under which and its excellent constitution this Kingdom hath for many ages injoyed so much happiness peace and plenty And it being upon good and important considerations an inviolable practice in this Government before these troubles that the person nominate by His MAjESTY to be His Chancellor within this Kingdom did of right and as due to his place preside in all Meetings of Parliament and other publick Judicatories of the Kingdom where he was present for the time And His MAjESTY now considering the great advantages do accress to the publick good of His Subjects by the due observance of such ancient and well grounded Customs and Constitutions and the prejudices that do accompany a change thereof Therefore His MAjESTY with advice and consent of His Estates of Parliament doth Declare That the present Lord Chancellor and such as hereafter shall be nominate by His MAjESTY or His Royal Successors to succeed in that place and in case of their absence such as shall be nominate by His MAJESTY are by vertue and right of the said office and such nomination respective to preside in all meetings of His MAJESTIES Parliaments or other publick Judicatories of the kingdom where they shall happen to be present and that they are now and in all time coming to injoy this priviledge And in discharge of this trust they are at the first down-sitting of every Parliament to administer to all the Members thereof the Oath of Alleagiance whereof the tenor follows I for testification of my faithfull obedience to my most gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forraign Prince Power or State nor person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and forsake all Forraign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly and never decline His MAJESTIES Power nor Jurisdiction as I shall answer to GOD. With this addition And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament as I shall answer to GOD. Likeas His MAJESTY with advice foresaid doth hereby Rescind and Annull all Acts Statutes or Practices as to the President or Oath of Parliament which are prejudicial unto or inconsistent with this present Act and Declare the same to be void and null in all time coming II. Act and Acknowledgement of His MAjESTIES Prerogative in the choice of His Officers of State Councellors and Judges THe Estates of Parliament considering the great obligations that do ly upon them from the Law of GOD the Laws of Nations the municipal Laws of the Land and their Oaths of Alleagiance to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY and the sad consequences that do accompany any incroachments upon or diminutions thereof Do therefore from their sense of humble duty Declare That it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate and Privy Councellors and the nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors are for ever by vertue of that Royal Power which they hold from GOD Almighty over this Kingdom to injoy and have the full exercise of that Right And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes or Practices to the contrair and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative and to be void and null in all time coming III. Act asserting His Majesties Royal Prerogative in the calling and dissolving of Parliaments and making of Laws THe Estates of Parliament now conveened by His MAJESTIES special Authority considering that the Quietness Stability and Happiness of the people do depend upon the Safety of the Kings MAJESTIES Sacred Person and the maintenance of His Soveraign Authority Princely Power and Prerogative Royal. And conceiving themselves oblieged in conscience and in discharge of their duties to Almighty GOD to the Kings MAJESTY and to their Native Country to make a due acknowledgement thereof at this time Do therefore unanimously Declare That they will with their lives and fortunes maintain and defend the same And they do hereby acknowledge that the power of Calling Holding Proroguing and Dissolving of Parliaments and all Conventions and Meetings of the Estates doth solely reside in the Kings MAJESTY His Heirs and Successors And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY or His Commissioner so no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the Kings MAJESTY or His Commissioner interponed thereto at the making thereof And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Laws Acts Statutes or Practices that have
them of the prices of the saids Few-fermes and Duties modified by the Lords and others of the Commission for Surrenders and Teinds And sicklike the Fewers and Vassals of the saids kirk-Kirk-lands and Erections are oblieged by their new Infeftments under the great Seal to pay the saids Few-fermes and Duties to the Kings Majesty and His Successors and so against reason may appear to be lyable to double payment thereof It is therefore Statute and Ordained by His Majesty with consent foresaid That the saids Fewers and Vassals of kirk-Kirk-lands and Erections their Heirs and Successors shall be oblieged to make thankfull payment of the saids Few-fermes and Duties contained in their Infeftments and whereof the said Superiors and Titulars have been in possession preceeding that Surrender foresaid to the saids Superiors and Titulars their Heirs and Successors ay and while they get paiment of the prices modified by the saids Lords and others of the Commission foresaid according to the Act of Parliament one thousand six hundred and thirty three years And that Letters of Horning and Poynding shall be granted to that effect without prejudice alwayes to His Majesty and His Successors 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 Majesty and His Successors Likeas it is Declared That the saids Fewers and Vassals of Kirk-lands and Erections have been in bona fide in paiment of the saids Few-fermes and Duties to the said Superiors and Titulars of all times bygone according to the provisions contained in the said general Surrender It is alwayes provided that this Act shall not be prejudicial to an Act past by this Parliament in favours of the Earl of Lauderdail of the Lordship of Musleburgh of the date the ninth day of April last XXXI Act concerning the Registration of Comprisings OUr Soveraign Lord with consent of the Estates of Parliament considering that the Registration of Comprisings was only established by an Act of Secret Council and never authorized by any Law or Act of Parliament and that the Registration thereof did put the Lieges to unnecessar charges neither adding to the validity of the Comprisings nor to the benefit of the Comprisers Hath therefore discharged and by these presents discharges all Registration of Comprisings with all Gifts Acts of Council and other Warrands and Custome whatsomever granted and observed at any time heretofore thereanent and by their presents Ratifies and Approves the Custome observed these many years past whereby in place of the said Registration a short Record of all Comprisings of Lands Teinds and others and of the Comprisers names and designations the Defenders names the Debts for which the Comprising is deduced the Messengers and Clerks names the date of the Executions the Witnesses names thereto and of the Superiors of whom the comprised Lands are holden hath been made in a Book by the Clerk of Register and his Deputs at the allowing of the saids Comprisings for which Allowance and Recording there is only fourty shillings Scots to be paid and which Custome is very usefull and necessar for information of the Lieges And therefore His Majesty with advice and consent foresaid Ratifies and Approves the foresaid Custome and Ordains all Comprisings formerly deduced and not allowed and recorded in manner above-written to be brought in to the Clerk of Register and his Deputs within threescore dayes after the publication hereof and all Comprisings to be led and deduced hereafter to be brought in to the said Clerk of Register and his Deputs within threescore dayes after the date thereof With certification that if they be not allowed and recorded within the said space any other Comprising though posterior in date yet if it be allowed and recorded before the prior Comprising the same shall have preference according to the date of the Allowance and Record but prejudice alwayes to any further diligence by Infeftments or charges against the Superior according to the priority or posteriority thereof pro ut de jure XXXII Act concerning Heritable and Moveable Bonds OUr Soveraign Lord with advice and consent of His Estates of Parliament for many just and reasonable causes moving Him Statutes and Ordains That all Contracts and Obligations for Sums of money payable to Parties at any time made and dated since the sixteenth day of November one thousand six hundred and fourty one or to be made in time coming containing clauses for paiment of Annualrent and Profit are and shall be holden and interpret to be Moveable Bonds except in these cases following viz. That they bear an expresse obliegment to infeft or that they be conceived in favours of Heirs and Assignes secluding Executors in either of which cases Ordains the Sums to be Heritable and to pertain to the Heir otherwayes to be confirmed by the Executor and to appertain to the nearest of Kin and to the Defuncts Executors and Legators according to the Law and practict of Moveables Declaring alwayes that all such Bonds quoad fiscum shall remain in the same condition as they were before the said sixteenth of November one thousand six hundred and fourty one not to fall under the compasse of single Escheat nor shall any part thereof pertain to the Relict jure relictae where the Bonds are made to the Husband nor to the Husband jure mariti where the Bonds are made to the Wife unless the Relict or Husband have otherwayes right and interest thereto Declaring neverthelesse that this provision shall no wayes prejudge Wife nor Husband and their Executors of their respective Titles and Interests to the by-gone Annualrents of the saids Bands resting before either of their deaths XXXIII Act for the right Packing of Salmond OUr Soveraign Lord and Estates of Parliament understanding that the Salmond-fishings are one of the principal benefits whereby Trade is maintained and Money brought into the Kingdom And that through the evil ordering thereof both in the insufficiency of the Barrels and also in the disloyal packing of the same not only is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should return thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ratifies and Approves all and sundry Acts of Parliament Laws and Constitutions of this Realm made anent Salmond-fishing and the sufficiency of the Barrels and loyal packing thereof with this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappel for which they shall be answerable without Worm-holes and White-wood and of sufficient tightnesse for containing the pickle and sufficient tightnesse for enduring all kinde of stresse in the handling and that the Barrels contain no lesse then ten gallons of the Stirling pint conform to an Act of His Majesties Council of the date at Halyrood-house the fifteenth day of July one thousand six hundred and nineteen years which His Majesty with
Nations by the municipal Laws of the Land by their Alleagiance and by all the strictest bonds of Conscience and Honour oblieged to the most Sacred Person and Royall Authority of their King's MAjESTY And therefore Our Soveraign Lord with advice and consent of His Estates of Parliament doth Ratifie and Approve that Engagement for His MAjESTIES relief and restitution to His Royal Government And doth Declare that as it was a most noble and pious Testimony of the Loyalty of His MAjESTIES good Subjects of His ancient Kingdom and of their affection and zeal to His MAjESTIES Person and Government So His MAjESTY for Himself and His Successors doth assure that They will alwayes retain a gratefull resentment thereof And have appointed these presents to remain upon Record for the due honour of these persons who did engage therein and of their posterity for ever And whereas the necessity and justice of this undertaking with the interest this Kingdom had in His Majesties Person by the honour of His Royal Birth and by these many and singular Acts of Grace He had lately conferred upon it might justly have claimed a ready concurrence of all the Subjects Yet there wanted not some and even such whom not long before His Majesty had oblieged by marks of His Royal Favour both of honour and profit who made it their work to disappoint and oppose the same And for that end having gathered some mutinous Commons and others who by a few seditious Ministers had been preached into an open Rebellion they in the moneth of September one thousand six hundered fourty and eight years without any lawfull Authority and not giving the Oath mentioned in the Commission of Parliament without which it was expresly provided they were not to have accesse to nor place in the Committee did usurpe to themselves the name and power of a Committee of Estates and having by their own Edicts declared all such persons as had given testimony of their duty and loyalty to the King to be uncapable of being Members of Parliament or of having voice in the Elections to the Parliaments They then without any lawfull Authority called a Packt meeting of Parliament to consist onely of persons of their own stamp and faction who accordingly met in January one thousand six hundred fourty and nine years and assuming to themselves the Soveraign Authority and Government of the Kingdom intended to establish and fix the power in their own persons for ever For which purpose having publickly declared against that necessary and just Engagement for His Majesties relief and restitution to His Royal Government Having approven all the oppositions and risings in Armes against the same and by Oath solemnly engaged themselves to a constant adherence thereunto Having for their assistance called in the Usurper Cromwel and a part of his Army Having by publick engagement given up the Honour and Safety of this ancient Kingdom to the English and declared that His Majesty should be oblieged to Ratifie that unworthy Act before any Treaty were with Him for His relief Having given order to their Commissioners to Protest against any agreement betwixt His Majesty and His Subjects in England in the Treaty at the Isle of Wight Having so far as in them lay weakned and dissolved the common Alleagiance of the Subjects to the King's Majesty by proclaiming His Right to the Crown with base restrictions and limitations and pressing the Subjects against their consciences to subscribe the same Having disowned His Majesties interest in the Quarrel betwixt them and the English who had invaded this Kingdom meerly to destroy His Majesties Interest in it Having taken the lives of some and forced others of His Majesties good Subjects of best quality to flie to Forraign parts for their safety Having fined confined imprisoned and seized upon the livelyhood of many Having put disgracefull characters and incapacities upon all who had witnessed any affection to His Majesties Government Having unjustly pronounced and with cruelty executed Sentences of Forfeiture against the lives and fortunes of such as from conscience of their duties did oppose them Having in their publick Meetings appointed that the innocent wives and children of these who offered to vindicate His Majesties Authority should be seized on and transported to Forraign Countries Having once and again sollicite their Brethren in England that such of this Kingdom as for ventering their lives for the King were then prisoners in England should be still kept prisoners as Pledges of the Peace Having thrust out of the Offices of State places of Judicatory and publick Trust all such as were willing to engage for His Majesties relief and restitution to His Government and put such in their places as did oppose the same Having laid on and raised great exactions and sums of money from the people and employed them for their own uses Having seized on His Majesties Revenews and bestowed them upon themselves and such others as were in open Opposition and Armes against Him Having also seized upon the Properties and due Rights of the Subjects and the Patronages by Law secured unto them And having by these and many such like Acts endeavoured to perpetuate themselves in their usurped Power they prorogated the Meetings of their pretended Parliaments from time to time substituting some of their Trustees for carrying on of their designs in the while And the Estates of Parliament having taken these proceedings unto their serious consideration Do find that there was no Law nor lawfull Authority for the Meetings of these pretended Parliaments and Committees of Estates But that the persons meeting therein did without any lawfull warrand and in contempt of His Majesties Authority usurpe the power to themselves And therefore the King's Majesty with advice and consent of His Estates of Parliament doth Rescind and Annull these pretended Meetings of Parliament and Committees above mentioned and all other Meetings of any pretended Parliaments or Committees flowing from the same and all Acts Deeds and Treaties done by them or their warrand Execepting alwayes all such Acts as were past in any Meeting of Parliament or Committee of Estates authorized by His Majesties presence and are not inconsistent with this present Act. And also Declares any Ratification which thereafter was past of those Meetings and Acts to have been void from the beginning Except in so far as is exprest in the Indempnity Declarations and Provisions after mentioned Yet notwithstanding of all these provocations the King's Majesty from His innate goodness being more desirous to reclaim His Subjects to their duty by Acts of Mercy then to reduce them by their too much deserved Censure Doth of His meer favour and grace with advice and consent foresaid Indempnifie all such persons who sat and acted in these pretended Parliaments and Committees or who acted in order thereunto or by vertue of and in obedience to the same To be in all time coming unquestioned in their lives and fortunes for these their actings Excepting such as shall be excepted
Predecessors Estate and yet it being as unreasonable that he should dispone thereupon immediately or shortly after his Predecessors death in prejudice of his Predecessors Creditors he having year and day to advise whether he will enter Heir or not Therefore it is hereby Declared That no Right or Disposition made by the said Appearand Heir in so far as may prejudge his Predecessors Creditors shall be valid unless it be made and granted a full year after the defuncts death XXV Act for Denouncing of Excommunicate Persons OUr Soveraign Lord with advice and consent of His Estates of Parliament considering the insolency of excommunicate Papists and others who slight the dreadfull Sentence of Excommunication to the dishonour of GOD and obduring of their own hearts Doth therefore Ratifie and Approve all Acts of Partiament and Acts of Privy Council standing before the year one thousand six hundred and fourty against Excommunicate Persons And Statutes and Ordains That in time coming fourty dayes being past after the said Sentence of Excommunication Letters be direct at the instance of His Majesties Advocate for denouncing all Excommunicate persons His Majesties Rebels and putting them to the Horn and that by Warrand of the Lords of Privy Council or Session which denounciation being used by vertue of the saids Letters at the Mercat Cross of Edinburgh and Peir of Lieth is hereby Declared to be sufficient against them and for using of Caption thereupon and taking of the Escheat and Liferent of the Rebels conform to the standing Laws of this Kingdom Providing alwayes that before the passing of any such Letters of denounciation the whole Process and Sentence of Excommunication be exhibite and produced before the Lords of Session in Session-time to the end that they may consider the legality of the processe and grounds whereupon the Sentence proceeded and that accordingly they may give forth the saids Letters of denounciation as they shall think just and reasonable XXVI Act appointing the Pursuer of the Thief to have the Goods stolen from him restored OUr Soveraign Lord understanding that when Theives are taken and execute for theft or declared Fugitives their whole estate and the goods stolen also doth fall to His Majesty and to Lords of Regalities and other Justitiars pretending right to the saids stolen goods For remeed whereof His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That any person having goods or gear stolen from him and having pursued the stealer thereof shall have his own goods again where ever the same can be apprehended and where the stolen goods cannot be had the Pursuer of the Theif shall have the just value of the goods and gear stolen from him out of the readiest of the Thiefs goods with the expences waired out by the Pursuer he alwayes pursuing the Thief usque ad sententiam Reserving alwayes to the Sheriff or other Magistrates and taker of the Thief the expences waired out by them in the taking and putting the Thief to execution XXVII Act for the Pardon of Penal Statutes OUr Soveraign Lord considering that the precise and rigorous exaction of the Pain Arbitrary and Pecunial adjected to Penal Statutes heretofore made would prove a burden to His Majesties Leiges heavy and unsupportable if by His Majesties grace and favour they should not be eased and liberate of the same In consideration whereof His Majesty being willing to give ease and relief to His Subjects of the foresaid burden Hath therefore been graciously pleased with consent of His Estates of Parliament to Discharge freely Pardon and Remit and by these presents Discharges freely Pardons and Remits all Contraveeners of any of the saids Penal Statutes for all Deeds done by them contrair to the tenor of the same Statutes in time by-gone except only the Statutes concerning the unlawfull taking of Usury Transporting of Silver and Gold and Slaying of Red and Black Fishes which are no wayes discharged by this present Act nor comprehended under the same XXVIII Act discharging the Quots of Testaments OUr Soveraign Lord with advice and consent of His Estates of Parliament for many weighty considerations moving His Majesty Statutes and Ordains That no Quots of Testaments confirmed since the sixteenth of November one thousand six hundred and fourty one and to be confirmed in time coming shall be exacted from any of His Majesties Leiges by Commissars Commissar-Clerks Fiscals and others whom it effeirs but prejudice alwayes of the ordinary Fies due to them as accords XXIX ACT for Poynding upon Sheriffs and Commissars Decreets OUr Soveraign Lord and the Estates of Parliament considering That albeit by Act of Parliament of the date the ninth of July one thousand six hundred and six years Letters of Horning are Ordained to be directed by deliverance of the Lords of Session upon Sheriffs Commissars and other inferiour Judicatories their Decreets upon the simple charge therein mentioned Yet the Act bears no warrand for Letters of Poynding to be granted by the deliverance foresaid upon these Decreets whereby the Parties interessed obtainers of the Decreets are ofttimes prejudged of their payment when these Parties against whom these Decreets are obtained do flit or remove out of the Shire or Jurisdiction of the Judge before whom the saids Decreets are given Therefore His Majesty with advice of the saids Estates Ratifies the Act of Parliament above-mentioned in the whole heads and points thereof And for remedy of the prejudice foresaid Ordains Letters of Poynding to be direct by deliverance of the Lords of Session at the instance of the Parties interessed upon the saids Sheriffs Commissars and other inferiour Judges their Decreets contained in the foresaid Act. Sicklike and in the same manner as Letters of Horning are appointed by the said Act to pass upon the same Decreets that thereby the Parties may have real execution as well as personal upon their Decreets foresaids Likeas His Majesty with advice and consent foresaid Declares That all execution of Poynding legally used upon the saids Decreets since the twelfth of June one thousand six hundred and fourty nine years shall be valid and sufficient and the Parties Messengers and others Executors and users thereof shall never be questioned nor any Process sustained against them therefore either Civilly or Criminally before any Judge whatsomever But prejudice alwayes to Parties against whom Poynding have been used upon reduceable or unwarrantable Sentences to pursue repetition as accords of the Law XXX Act anent the Fewers and Vassals of Kirk-lands OUr Soveraign Lord with advice and consent of the Estates of this present Parliament considering That whereas by the general Surrender of Kirk-lands and Erections made by the Superiors and Titulars thereof in favours of His Majesties dearest Father of ever blessed memory It is specially provided that the saids Superiors and Titulars notwithstanding their Surrender foresaid shall have right to the Few-fermes and Duties of the Vassals and Fewers of the said kirk-Kirk-lands and Erections till the Kings Majesty make paiment to
consent foresaid Ratifies and Approves in all the Heads Clauses and Articles thereof under the pain of five pounds to be paid by the Couper for each insufficient Barrel and escheat of the said Barrel and that the same be well pinned in the pickle before the packing and thereafter the said Barrels to be well tighted and double-girthed before the transporting thereof to Forraign Natitions And that no Barrel be sooner made and blown but the Coupers Birn be set thereon on the tapone-staff thereof in testimony of the sufficiency of the Tree and that every Couper be answerable and liable in paiment of such losse as happen to be laid on the Fish at the Mercat if it be found to be in the default of the Couper by the insufficiency of the Tree or packing or any other means in the Coupers default and that they keep right gage both in the length of the staves the bilge-girth the widenesse of the head and deepness of the chine the Barrel being made marked and thrice gene in the packing shall be marked with the Marking-iron under a very particular Merchant mark as use is And that no Burgh or any other trading with Salmond shall presume to counterfeit the Mark or Birn of an other trade under the pain of confiscation of the Salmond by and attour the punishment of the Parties counterfeiters at the pleasure of the Judge ordinar the one half of the said pain to pertain to His Majesty and the other half to the Burgh so wronged and ordains the the Magistrates within Burgh to put this Act to execution XXXIV Act against Clandestine and unlawfull Marriages OUr Soveraign Lord and the Estates of this present Parliament considering how necessary it is that no Marriage be celebrate but according to the lawdable order and constitution of this Kirk and by such persons as are by the Authority of this Kirk warranted to celebrate the same And that notwithstanding hereof sundry either out of disaffection to the Religion presently professed in this Kingdom or being desirous to eschew the Censures of this Kirk or to satisfie their promise of Marriage formerly made to others or to decline the concurrence and consent of their Parents or others having interest or out of some other unlawfull pretext do procure themselves to be Married and are Married either in a Clandestine way contrary to the established order of the Kirk or by Jesuits Priests Deposed or Suspended Ministers or any other not authorized by this Kirk Therefore His Majesty with advice of His saids Estates Statutes and Ordains That whatsoever person or persons shall hereafter Marry or procure themselves to be Married in a Clandestine and inorderly way or by Jesuits Priests or any other not authorized by this Kirk that they shall be imprisoned for three moneths and beside their said imprisonment shall pay Each Nobleman one thousand pounds Scots each Barron and landed Gentleman one thousand merks each Gentleman and Burgess five hundred pounds each other person one hundred merks and that they shall remain in prison ay and while they make payment of these respective penalties above-mentioned which are hereby ordained to be applyed to Pious uses within the several Paroches where the saids persons dwels And that the Celebrator of such Marriages be banished the Kingdom never to return therein under the pain of Death Likeas His Majesty with advice foresaid Prohibites and Discharges all men and women having both their ordinar residence within this Kingdom to get Marriage to themselves with others within the Kingdom of England or Ireland without Proclamation of Banns here in Scotland and against the Order and Constitution of this Church or Kingdom under the pains following viz. For each Nobleman so Married one thousand pounds for each landed Gentleman one thousand merks for each Burgesse five hundred pounds and for each other Substantious person five hundred merks for an Yeoman one hundred pounds for each person of inferior quality one hundred merks the one half of the which penalties shall belong to the Kings Majesty the other to the Paroch or Paroches where the Married parties did reside and Ordains His Majesties Advocat and the Procurator for the Kirk to pursue before the civil Judge the Parties Contraveeners of this Act or either part thereof for payment of the penalties respective above-mentioned and in case of the poor condition of any man Married in manner foresaid Ordains him to be punished with Stocks and Irons which pains corporal and pecunial shall no wayes be prejudicial to or derogat from the Order and Censures of the Kirks to be inflicted against the Delinquents XXXV Act concerning the Election and Charges of the Commissioners from Shires to the Parliament THe Kings Majesty considering That divers debates have formerly occurred concerning the persons who ought and should have vote in the election of Commissioners from the several Shires of this Kingdom to Parliament and who are capable to be Commissioners to Parliaments and that it is necessar for the good of His service that the same be cleared for the future Doth therefore with advice and consent of His Estates of Parliament Statute Enact and Declare That beside all Heritors who hold a fourty shillings Land of the Kings Majesty in capite that also all Heritors Liferenters and Wodsetters holding of the King and others who held their Lands formerly of the Bishops or Abbots and now hold of the King and whose yearly Rent doth amount to ten chalders of victual or one thousand pounds all Few Duties being deducted shall be and are capable to vote in the election of Commissioners of Parliaments and to be elected Commissioners to Parliaments excepting alwayes from this Act all Noblemen and their Vassals And it being just that those who shall be chosen and accordingly shall attend His Majesties and the Kingdoms service in Parliaments have allowance for their charges His Majesty doth therefore with advice foresaid Modifie and Appoint five pounds Scots of daily allowance to every Commissioner from any Shire including the first and last dayes of the Parliament together with eight dayes for their coming and as much for their return from the furthest Shires of Caithness and Sutherland and proportionably at nearer distances and that the whole Free-holders Heritors and Liferenters holding of the King and Prince shall according to the proportion of their Lands and Rents lying within the Shire be lyable and oblieged in the payment of the said allowance excepting Noblemen and their Vassals For payment of which all execution of Horning Poynding and Quartering is to passe as for raising of the Excise and that according as the time and dayes of the Parliament shall be attested under the Clerk of Registers hand And because at this time some Commissioners of Shires have been put to extraordinary expences in providing of Footmantles for the riding of the Parliament It is hereby Statute That the Commissioners shall be relieved of the prices thereof to be given in under their hands and that
advice foresaid Discharges all Regraters and Forestallers of Mercats of Wool and that no Merchant nor person whatsoever buy and keep up Wool to a dearth but that they bring the same to be sold in open Mercats under the pains contained in the Acts of Parliament made against Regraters and Forstallers And in regard there is much deceit by wrapping up of Wool in the Fleece by putting Stones Sand and other insufficient stuff in the same It is hereby Declared that all such Wool shall be confiscat the one half to His Majesties use and the other half to the use of those who shall apprehend discover and pursue the same Likeas His Majesty for the further incouragement of the saids Manufacturies Doth with advice foresaid Discharge all Quarterings or Levying of Souldiers upon Manufacturies or the Masters thereof and that no person whatsoever entise resset or entertain any of the Servants or Apprentices of the Manufacturies without consent of their Master under the pains contained in the Acts of Parliament against Coal-hughers Salters and their Ressetters And for the further improving of the saids Manufacturies His Majesty with consent foresaid Doth hereby Impower the Masters Erectors or Entertainers of Manufacturies to meet by themselves for making of Ordinances for the good and advancement of their Trade for the right ordering of their Servants and for the sufficiency of their Stuffs Cloath and others and choose one of the most expert of their number for visiting of their work that a Mark or Seal may be put upon it distinguishing what is sufficient and what not And because many things may occur hereafter which may be necessary for advancement of Manufacturies Therefore His Majesty with consent foresaid Doth Impower the Lords of His Majesties Privy Council or Exchequer or such as shall be appointed by His Majesty during this present Parliament or thereafter to consider such Overtures as shall be offered for the good of Manufacturies and to make such Orders and grant such further Liberties and Priviledges to them as they shall think just It is alwayes Declared that it shall be free and Lawfull to His Majesties Treasurer and Commissioners of Exchequer as they shall find cause to grant licence for exporting of Wool and Skins any thing in this Act to the contrary notwithstanding XLI Act for Planting and Inclosing of Ground OUr Soveraign Lord considering how many laudable Laws have been made by His Majesties Royal Progenitors for Parking and Inclosing of Ground and Planting of Wood and for preserving of the same and finding the great prejudice hath followed upon the not due observance of so notable and necessar Laws And how expedient fit and necessar it will be for the good of this His Majesties ancient Kingdom especially for Shipping and Building that Timber be Planted and how advantagious it is for the increase of Corns and Cattell and the sowing of Lint and Hemp for Manufacturies that Parking and Inclosings be made Doth therefore with consent and advice of His Estates of Parliament Revive the ninth Act of the fourth Parliament of King James the first of blessed memory Entituled An Act for Planting of Woods Forrests and Orchards and all other Acts made for that effect by His Majesty or any other His Royal Predecessors and Ordains the same to be put to execution in time coming conform to the Tenor thereof in all points with this addition Likeas His Majesty with advice of His saids Estates of Parliament Doth hereby Statute and Ordain that every Heritor Liferenter and Wodsetter according to the qualifications under-written within his said ancient Kingdom of Scotland worth one thousand pounds of yearly valued Rent shall inclose four Aikers of Land yearly at least and Plant the same about with Trees of Oak Elme Ash Plain Sauch or other Timber at three yards distance And that all other Heritors of greater or lesse Rent nor the said sum of one thousand pounds money foresaid do Plant Inclose and Ditch yearly moe or fewer Aikers according to their respective Rents for the space of ten years next ensuing and that of such Lands as the Heritors shall think most fit for Planting and capable for Inclosing to be also Planted Ditched or Inclosed in manner foresaid and that the saids Heritors begin to Plant Ditch and Inclose the said ground at the feast of Michaelmesse next to come and uphold the same in time coming And for the further incouragement of the saids Heritors Wodsetters and Liferenters to go about the ready observance of the said Act liberty and power is granted to them at the sight of the Sheriffs Stewarts Lords of Regalities Barrons and Justices of Peace in their respective bounds to cast about the High wayes to their conveniency providing they do not remove them above two hundred ells upon their whole ground Excepting alwayes herefrom Burrough and incorporate Aikers which are no wayes to be Parked or Inclosed unlesse the Heritors thereof shall think it meet and expedient And where there are Liferenters upon Lands It is hereby Declared that the same shall be done upon the equal charges and expences of the Liferenter and Heritor And in case of Proper Wodsets It is also hereby specially Declared that the same shall be done by the Wodsetter and the charges thereof is and shall be added to the reversion and no wayes redeemable while they make paiment thereof as well as of the sums for which the Lands are Wodset And for the better incouragement of Heritors and for preserving of the said Planting and Inclosures It is Statute and Ordained that whosoever shall cut or break any of the saids Trees not being the Heritors themselves shall pay unto the Heritors or persons wronged twenty pounds for every Tree or if he be not able to pay the said twenty pounds it shall be in the power of the party thereby wronged to make him work six weeks giving him meat and drink allanerly And further it is Ordained that whosoever shall break down the Hedges or Dikes of the saids Parks or Inclosures or be found within the same being a stranger shall be holden and repute a breaker down thereof and pay five pounds for every fault or if he be not able to pay the said five pounds to work ten dayes to the owner of the saids grounds for meat and drink as said is And for the greater incouragement of all persons who shall be vertuously inclined to Ditch Inclose or Plant their ground in manner foresaid His Majesty with consent above specified hath Declared and by their presents Declares such parts and portions of their said ground as shall be so Inclosed and Planted to be free of all manner of Land-stents Taxations or Impositions of whatsoever nature or Quarterings of Horse in the saids Inclosures for the space of nineteen years next after the date hereof and that at the proportioning of the saids burthens the same Inclosures shall be exempted and made free thereof accordingly And also for the better preserving of the saids
delivered to any whom the Senators of the Colledge of Justice shall appoint to receive the same and whose discharge upon the receipt thereof in whole or in part shall accordingly be a sufficient exoneration to the Shires and Burghs and all others whom it effeirs And the saids moneths of November and May respective being past Ordains Letters of Horning and Poynding and all other Execution necessar tobe directed at his or their instances against the Shires or Burghs of the Kingdom and their Collectors And twenty dayes being expired after either of the saids moneths respective Ordains Quartering to be upon deficient Shires and Burghs and that all who command the Forces within the Kingdom give orders and be assisting hereunto accordingly LI. Act concerning Arrestments OUr Soveraign Lord considering the great charges that Creditors are put to by Comprising of Sums owing to their Debitors by vertue of Heritable Bonds Contracts and other Writs bearing paiment of Annualrents which in respect of the Obliegment for Annualrent were not in former times Arrestable Therefore the Kings Majesty with advice and consent of His Estates of Parliament Finds and Declares that all Sums of money which are addebted by Bonds Contracts and other personal Obliegments whereupon no Infeftments have followed are and shall be Arrestable at the instance of any Creditor not-withstanding that the Bonds Contracts and other Obliegements bear paiment of Annualrents And the Kings Majesty with advice and consent foresaid Declares that this shall no wayes change the nature of the saids Sums nor prejudge the Heir nor any other person their rights to the same as being Heritable which are hereby Declared to remain in their own nature unchanged by this Act pro ut de jure except that only the same are Arrestable And it is hereby expresly provided that all Arrestments and Executions thereof since the twenty ninth day of July one thousand six hundred an fourty four years used conform to the tenor of this Act shall be as valid and sufficient as if this present Act had been of the said date But prejudice alwayes to the Creditors to Comprise the saids Heritable Sums if they shall choose rather to Comprise then to Arrest LII Act concerning the disposal of Vacant Stipends FOrasmuch as by divers Acts it is found that Stipends and Benefices of Vacant Kirks or which thereafter should vaik by Decease Deposition Suspension Transportation of Ministers Dis-union of Kirks or any other way should during the vacancy thereof be imployed on pious uses and the Kings Majesty considering that during these troubles many Learned and Religious persons in the Ministry and Universities for their expressions of duty and loyalty to His Majesty or not concurring in the confusions of the time have been Deposed or Suspended from their Charge and Ministry and have been otherwayes put under great sufferings and they and their Families redacted to extream misery and want And conceiving it to be an Act of great Piety and Justice to have regard to the sufferings of those honest and faithfull Ministers and others and in some measure to provide for them and repair their losses Therefore His Majesty with advice of His Estates of Parliament Ordains all Stipends or Benefices of Kirks that are vacant and not already disposed of or which shall vaik by Decease Deposition Suspension Transportation or any otherwayes to be imployed for the supply and maintenance and towards the reparation of the sufferings and losses of the persons aforesaids and of the Wives and Bairnes of such of them as are dead and that in such manner and wayes as after tryal of their merits and sufferings and the causes and grounds thereof shall be thought fit by the Lords of His Majesties Privy-Council to whom His Majesty with advice and consent foresaid commits the care of this business And doth hereby impower and require them to use all diligence that the Favour and Justice hereby intended by His Majesty to these suffering Persons and their Families may be made effectual and that notwithstanding of any thing contained in any of the saids Acts to the contrair It is alwayes provided that this Act is without prejudice of any Benefit which by the Law and Custom of this Kingdom falls to the Relict Bairns or Executors of a Minister after his decease and that this Act is to endure for the space of seven years and longer as His Majesty shall think fit LIII Act ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property c. OUr Soveraign Lord with advice and consent of the Estates of this present Parliament Ratifies and Approves and for His Highnesse and His Successors perpetually Confirmes the tenth Act of the first Parliament of His Majesties Royal Father of blessed memory King Charles the first holden at Edinburgh in Anno one thousand six hundred and thirty three Intituled An Act anent the Annexation of His Majesties Property in the whole Heads and Clauses thereof especially that Clause of the same whereby His Majesty and the Estates of Parliament then conveened did Declare the right and title of Superiority of all and sundry Lands Barronies Milnes Woods Fishings Towers Fortalices Mannor-places and pertinents thereof pertaining to whatsoever Abbacies Priories Prioresses Preceptories and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of Erected in temporal Lordships Barronies or Livings before or after the general Act of Annexation of Kirk-lands made in the month of July one thousand five hundred eighty and seven together with the whole Few-mails Few-fermes and other Rents and Duties of the saids Superiorities to be annexed and to remain with the Crown for ever upon the reservation of the Lords and Titulars of Erection therein specified Likeas thereby His Majesty and Estates foresaid Found and Declared that all Titulars of Erection without exception should hold their property and proper Lands of the Kings Majesty and His Successors in Few-ferm for paiment of the Few-ferm-duties contained in the Infeftments granted to them before the said Act of Annexation and no otherwayes And that all Rights and Deeds made and granted to whatsoever person or persons preceeding the date of the foresaid Act which might prejudge His Majesty and His Successors in the peaceable injoying of the said Superiorities and Few-ferm-duties should be null and of no avail by way of action exception or reply And further His Majesty with advice and consent foresaids of new Declares the foresaid Superiorities of all and whatsoever Kirk-lands Milnes Woods Fishings and whole pertinents of the same pertaining of before to whatsoever Chapters Priors Prioresses Preceptors and whatsoever other Benefices of whatsoever other Estates Degree Title or Designation they be of whereof the Presentation belonged to His Majesty and His Highnesse Predecessors erected in temporal Lordships Barronies and Livings to pertain to His Majesty and His Highnesse Crown therewith to remain in all time coming And also Declares all and whatsoever Grants Rights or Infeftments of
any of the saids Superiorities of the Lands and others pertaining to whatsoever Chapters Priors Prioresses Preceptors Abbacies and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of with all Warrands Tacks Commissions Baileries or Deputations for entring of the Vassals thereto made and granted by His Majesty or His said Umquhile dearest Father in any time by-gone since the Surrender in Anno one thousand six hundred twenty seven or to be made in time coming with all other Gifts and Donanations of the saids Few-duties formerly belonging to the saids Lords of Erection and made by His Majesties said Umquhile dearest Father after the Surrender and before the Redemption thereof from the saids Lords and all heritable and irredeemable Rights granted by His Majesties said Umquhile dearest Father after the redemption whereby the Profits Casualities and Emoluments of the Superiority of the said Kirk-lands may be conferred to any other person except the proper Vassals thereof directly or indirectly of whatsoever Name Title or Designation they be of and of all gifts of new Regalities or Jurisdiction to be null by way of exception or reply Reserving alwayes to these persons who have right to the Few-duties the Right and Title thereto And reserving to John Earl of Lauderdail His Majesties Sole Secretary for the Kingdom of Scotland a Signatur superscribed by His Majesty at His Court of Whitehal the twenty fifth day of May last by past and past in His Majesties Exchequer of all and whole the Lordship Barronie and Regalitie of Musleburgh containing a new gift of Union and Erection of the same in a free Lordship Barronie and Regalitie and discharges the Treasurer Principal and Deput Commissioners of the Treasurary and remanent Lords of Exchequer Writers to and keepers of the Seals from all passing or expeding any such new Grants Rights Infeftments Tacks Warrands Commissions Baileries or Deputations for entring of Vassals except allanerly such Infeftments and Signaturs as shall be granted to the Lords and others who had formerly right to the saids Erections and Superiorities whereby they might have right to claim the Few-ferms and Few-duties addebted by the Vassals and others subject in paiment thereof allanerly ay and while they be satisfied therefore in manner specified in the fourteenth Act of His Majesties said Umquhile dearest Father His first Parliament and with the whole remanent exceptions and reservations contained in the saids Acts made in Anno one thousand six hundred and thirty three which are holden as repeated and exprest herein It is alwayes Declared that notwithstanding of this Act any who have gotten or shall get any new Infeftment of Superiority of kirk-Kirk-lands the same shall stand good as to such Vassals who have given their consents to the said right of Superiority In regard that such a consent as to His Majesty is of the nature of a Resignation of their property in favours of the saids Superior to be holden of the King But prejudice neverthelesse to His Majesty of His Highnesse right of reversion of the Few-ferm Few-duties and Casualities conform to the foresaid Act of Parliament one thousand six hundred and thirty three LIV. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Alterages OUr Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves the Act of Parliament made by King James the sixth His Majesties Grand-father of eternal memory Parliament first Chap. twelfth Anent Provestries Prebendaries Alterages Chaplanries and Collegiat Kirks pertaining to laick Patrons together with the Act of Parliament twelfth Chap. one hundred and fifty eight Ratifying the same and Ordains the saids Acts to have full force and effect in all time coming with this Declaration alwayes That in respect the Vassals which held Lands of the saids Provests Prebendars and others foresaids are put to a great uncertainty of their Superiors it not being known to them who are provided to the saids Provestries Prebendaries Chaplanries Alterages and others foresaids by reason there is no publick Register to the which they may have recourse for knowledge and notice thereof and that the most that they can know by any Register is the Infeftments and Seizings made to these who are laick Patrons holding of His Majesty Therefore for securing of the Vassals who hold Lands Milnes Fishings Tenements Annualrents or others whatsoever of the saids Provestries Prebendaries Collegiat Kirks or of Chaplanries Alterages and others of that nature at any time of before It is Statute and Ordained that the entry of the saids Vassals by Retour Precept of Clare constat Resignation Comprising or otherwayes whatsoever shall pertain to the laick Patrons and their Successors who stand infeft in the said laick Patronages holding immediately of His Majesty and that the entry of the Vassals by them shall be as valid and sufficient to the saids Vassals receivers thereof as if they were entered by the Titulars of the saids Provestries Prebendaries Alterages Chaplanries and others foresaids And that the said laick Patrons shall be in all time coming in their place as Superior to the said Vassals and to have the same power to give Infeftments to His Majesties Subjects upon Retour or by precept of Clare constat or by Resignation Comprising or any manner of way with Gifts De novo damus and that without consent of persons provided or to be provided to the saids Provestries and Prebendaries of Collegiat Kirks Alterages Chaplanries or other Titulars of Collegiat Kirks and also without consent of the Chapter or Convent of the saids Prebendaries thereof or most part of the same which of before was in use and custom Whereanent and anent all Acts in the contrair His Majesty with consent foresaid dispenses for ever Reserving alwayes to the Titulars of the saids Provestries Prebendaries Alterages Chaplanries and others foresaids the Fruits Rents and Emoluments of the saids Provestries Prebendaries and others foresaids which are no wayes prejudged by this present Act. It is hereby further Statute and Ordained with advice and consent foresaid where there are any Prebendaries Chaplanries Alterages or other foundations of that nature above-mentioned founded and situated within any Burgh Royal of this Kingdom that the Provest Baylies and Council of that Burgh where the same are founded are and shall be in all time coming only undoubted Superiors by whom and by no others the Vassals and Tennents shall enter in manner above-specified the saids Provest Baylies and Council having been formerly Patrons of these Chaplanries LV. Act anent Cocquets and Entries of Ships OUr Soveraign Lord understanding there are diverse abuses committed by the Customers and receivers of Entries of Ships and by the keepers of the Cocquet in sometime exacting from Masters of Ships greater sums of money then is due to them and sometimes absenting themselves to the great prejudice of the Merchants estate and to the hazard of the losse of their voyage Therefore our Soveraign Lord with advice and consent of the
Estates of Parliament Ordains that there be no greater price exacted for entering their Ships and Goods then the sum of twenty three shillings four pennies and for the said Cocquet then the sum of fourty shillings and that the keepers of the said Cocquet attend by themselves or their servants diligently and readily to answer and give out Cocquets to all Merchants and Masters of Ships under pain of losing their place whensoever they shall be found either to exact more then the said sum above written or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same LVI Act anent Coal-hewers OUr Soveraign Lord with advice and consent of His Estates of Parliament Ratifies the eleventh Act of the eighteenth Parliament of King James the sixth of worthy memory made anent Coal-hewers and Salters with this addition That because Water-men who laves and draws Water in the Coal-heugh-head and Gates-men who worke the wayes and passages in the said Heughs are as necessar to the owners and Masters of the said Coal-heughs as the Coal-hewers and bearers It is therefore Statute and Ordained by Our Soveraign Lord with advice and consent foresaid That no person shall hire nor seduce any Water-men Winds-men and Gates-men without a Testimonial of the Master whom they serve under the pains contained in the former Acts in all points And because it is found by experience that the giving of great Fees hath been a mean and way to seduce and bring Coal-hewers from their Masters It is therefore also Statute and Ordained That it shall not be lawfull for any Coal-masters in this Kingdom to give any greater Fee then the sum of twenty merks in Fee or Bounteth under any colour or pretext and because the saids Coal-hewers and Salters and other Work-men in Coal-heughs within this Kingdom do ly from their work at Pasch Zule Whitesunday and certain other times in the year which times they imploy in Drinking and Debauchry to the great offence of GOD and prejudice of their Master It is therefore Statute and Ordained That the saids Coal-hewers and Salters and other Work-men in Coal-heughs of this Kingdom worke all the six dayes of the Week except the time of Christmasse under the pain of twenty shillings Scots to be paid to their Master for ilk dayes failÈie by and attour the prejudice sustained by their saids Masters and other punishment of their bodies LVII ACT discharging the Custom of two and a half of the Hundred and the Impost of four pounds on the Tun. OUr Soveraign Lord considering that the prices of all Merchandice do daily rise to exceeding great dearth which is alleaged to be occasioned through extraordinary Customs and Impositions For remedy whereof His Majesty with advice and consent of His Estates of Parliament Doth discharge all and sundry whatsoever Customs and Impositions exacted by the Customers which are not allowed by the Acts of Parliament and especially the late Custom of two and an half per cent and the late new Imposition of four pounds upon the Tun of Wine and all raising of His Majesties Customs directly or indirectly without consent of Parliament And because that the too much troubling of Merchants and drawing of Masters and Mariners from their ordinary charges doth much impede the Trade Therefore His Majesty with advice and consent foresaid discharges the taking of Merchants Masters and Mariners Oaths in the matter of Customs And to the end that the Subject of Trade may not be restrained with unnecessary Customs His Majesty with advice and consent foresaid Declares that all Goods and Merchandice imported from Forraign places to this Kingdom and out of the same paying Inward-custom shall be free of all Outward-custom according as is used in England and Ireland Likeas His Majesty Declares that He consented to the Act above-written upon this condition that Commission and Warrand be granted to the Exchequer to establish the Book of Rates according as the prices of Merchandice now rules and His Majesty permitted the option to the Burroughs whereupon the Burroughs having advised they made choice to be ruled by the the Book of Rates anent the Customs and consented that Commission should be granted to the Exchequer to establish the Book of Rates according as the prices of Merchandice now rules In respect whereof Our Soveraign Lord Ordains a Commission to be drawn up to the Exchequer to the effect foresaid and extracted thereupon for establishing the Book of Rates according as the prices of Merchandice now rules And therefore Our Soveraign Lord with advice and consent foresaid Ordains the Act above-mentioned to stand as a Law in manner and to the effect above-rehearsed LVIII Act in Favours of these who get their Ward-holding changed by the Kings Majesty THe Estates of Parliament having taken to consideration that some difficulty hath occurred in the prosecution of His Majesties Royal Fathers intention of changing of Ward-holdings in Few for the well of His Subjects conform to the two Commissions granted by His said Majesty thereanent under the Great Seal of this Kingdom And that the said difficulty hath risen upon this ground that diverse of His Majesties Subjects holding Lands of His Majesty or of the Prince Ward or Few cum maritagio holds also other Lands of other Superiors Ward who whilst their Vassals held Lands Ward or Few cum maritagio of His Majesty or of the Prince could pretend no right to the Marriage of the Vassals Heir when the same shall be changed in Few and Composition and a yearly Few-duty being granted to His Majesty or the Prince for the said Ward and Marriage the other Superiors of the said Vassals of whom he holds Ward may contend for the benefit of the casuality of the Marriage of His Vassals Heir when the same falls out he being the Vassals eldest Superior of whom he holds Ward which was grievous to the Vassals who by this new course of changing of his holding hath componed both for Ward and Marriage Therefore it is Statute and Ordained by the Kings Majesty with advice and consent of His Estates of Parliament That all Vassals holding Ward of His Majesty or the Prince or holding Few cum maritagio who shall hereafter compone and agree with the Commissioners to be appointed by His Majesty for changing of their Holdings from Ward to Few or for renunciation of the Marriage contained in their Few-infeftments their Heirs and Successors in the saids Lands shall be free of the Marriage that can be acclaimed by their Superiors of the Lands holden by them of their saids other Superiors Ward and that the saids other Superiors shall have no right to the Marriage of their Heirs when the same falls out no more then they would have had if the Lands holden Ward of His Majesty or the Prince had continued still Ward but that the saids Vassals whose holding shall be changed or who shall compone for their Marriage as said is their Heirs and Successors shall
enjoy their Lands in all time thereafter free of any such burthen of Marriage Providing alwayes Likeas it is hereby Provided and Declared that if the foresaids Vassals whose holding shall be changed as said is and who shall compone for the renunciation of the Marriage contained in their Few-infeftments or their Heirs or Successors in the saids Lands which once held Ward or Few cum maritagio shall alienate and dispone the saids Lands to any other persons then and in that case the Aliener or His Heirs shall no longer have the benefit of this present Act but that notwithstanding of this present Act if they hold Lands Ward of any other Superior that their Superior shall enjoy all the benefit of his Superiority as if this present Act had never been made And such-like for the greater furtherance of His Majesties Lieges in the way of the changing of the tenours of the said Ward-holdings or renuncing of the Marriage contained in their saids Few-infeftments Our Soveraign Lord with advice and consent foresaid Ordains Signaturs to be past to the Lieges by the Exchequer on the recommendation of the saids Commissioners of the Ward-lands in their favours upon the Lieges their Resignation for new Infeftments to be granted to them bearing the new manner of Few-holding or bearing the renunciation of the said Marriage contained in their old Few-infeftments as shall be Ordained by the saids Commissoners of the ward-Ward-lands LIX Act anent the Exchequer THe Kings Majesty considering that some doubts and debates may arise concerning the meaning of the eighteenth Act of the Parliament holden by His Majesties Royal Father of blessed memory in the year one thousand six hundred and thirty three Anent the deciding and judging in Causes concerning His Majesties Property Doth for explanation thereof with advice and consent of His Estates of Parliament Find Declare Statute and Ordain that the validity and invalidity of Infeftments of His Majesties Property or of any other Infeftments may not be discussed nor decided in Exchequer neither by way of Exception Action nor Reply but that the discussing and decision thereof is only proper to the Lords of Session Reserving alwayes to the Exchequer to judge in all other businesses concerning His Majesties Rents and Casualities as they might have done before the year one thousand six hundred and thirty three LX. Act concerning Docqueting of Signaturs THe Kings Majesty with advice and consent of His Estates of Parliament Doth Ratifie and Renew the twentieth Act of the tenth Parliament of King James the sixth of blessed memory and accordingly Statutes and Ordains That no Signaturs Writs Letters or Warrands shall be presented to be signed by His Majesty but by His ordinary Officers to whose charge the same properly belongs And that His Majesty may the better know what passeth under His Hand and upon what grounds he signs the same It is appointed That any of His Majesties Officers who shall present any Signature Writ Letter or Warrand to be signed by His Majesty shall cause Registrate the Docquet of the same in a Register and then send the just double thereof under their hands to His Majesties Secretary who is to give His Majesty timous notice of any prior Deed differing or contrary to the same that His Majesty may give His further Orders concerning the same LXI Commission for Plantation of Kirks and Valuation of Teinds OUr Soveraign Lord considering the great care His Royall Father and Grand-father of ever blessed memory had at all times of the Reformed Religion within this Kingdom and of the Maintenance and Provision of the Ministry and Churches thereof Concerning which and for the publick good of the Nation His Majesties Royall Father did emit a Declaration immediatly after His succession to the Crown and concerning diverse other particulars relating to Teinds and Superiorities of Kirk-lands in order whereunto diverse Acts and Ordinances of Parliament and of Commissions were from time to time made during the Reign of His ever Glorious Father And yet by the unhappy Troubles of the time His Royall purpose hath not got a finall accomplishment so that diverse Churches are as yet unprovided with sufficient Maintenance many Teinds unvalued and diverse other particulars are as yet unperfected And His Majesty being desirous to prosecute this good Work for the universall good of the People and namely for the incouragement of the Ministers of the Gospel His Majesty with advice and consent of the Estates of Parliament Doth Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royall Father in Anno one thousand six hundred and thirty three Intituled Commission for Valuation of Teinds c. in the whole Heads Clauses and Contents thereof except in so far as there hath been any derogation made thereto by Acts and Commissions made and granted by His Majesty since the date of the said Act or granted by pretended Parliaments since and which are Ratified or Salved or to be Reserved by this present Parliament And His Majesty with advice and consent foresaid Doth give full Power and Commission to the Persons aftermentioned viz. John Earl of Middletoun His Majesties Commissioner William Earl of Glencairn Lord High Chancellor John Earl of Craufurd and Lindsay Lord Thesaurer John Earl of Rothes President of His Majesties Privy Council William Duke of Hammiltoun James Marquess of Montrose John Earl of Lauderdail His Majesties Secretary William Earl of Marishall John Earl of Atholl George Earl of Linlithgow James Earl of Home James Earl of Tullibardin William Earl of Roxburgh John Earl of Haddingtoun James Earl of Annandale William Earl of Dumfries John Earl of Tweddal James Earl of Calendar John Earl of Dundee David Viscount of Stormount John Lord Sinclair David Lord Cardros John Lord Belhaven _____ Lord Halkertoun William Lord Cochran William Lord Bellenden Sir John Gilmor of Craigmiller President of the Session Sir Archibald Primerose of Chester Knight and Barronet Clerk of His Majesties Council Registers and Rolls Sir John Fletcher His Majesties Advocat Sir Robert Murray Justice Clerk Sir James Lockhart of Lee Sir George MackenÈie of Tarbet Sir James Foullis of Colingtoun Sir Archibald Stirline of Carden Sir James Dalrymple of Stair Sir John Scougal of Whitekirk Senators of the Colledge of Justice Alexander Bruce of Kincairn Sir John Urquhart of Cromartie Sir Robert Fletcher of Salton Sir Alexander Gibson of Durie Sir Robert Innes of that Ilk James Crighton of St. Leonards Sir George Kinnaird of Rossie Sir Gilbert Ramsay of Balmayn John Murray of Polmais William Scot of Ardrose Sir James Dundas of Arnestoun Sir John Foullis of Ravilstoun Richard Murray of Broughton Sir Robert Hepburn of Keith Mr. Robert Preston of that ilk Sir Andrew Ramsay Sir Robert Murray Sir Archibald Sydserf Sir William Thomson and John Miln Burgesses of Edinburgh Sir Alexander Wedderburn and Alexander Wedderburn of Dundee Mr. John Paterson of Perth John Bell of Glasgow William Cuningham of Air Andrew Glen of Linlithgow Duncan Nairn of Stirline
Alexander Bruce of Culross Andrew Carstairs of St. Andrews and William Seaton of Haddingtoun Burgesses Or any thirteen of them there being alwayes present three Noblemen three Gentlemen and three Burgesses with His Majesties Commissioner the Lord Chancellor Lord Thesaurer Lord President of the Council Lord Privy Seal the Lord Secretary _____ or any one of them with power to them or Quorum foresaid to meet and conveen at Edinburgh or such other place or places at such times and diets as they shall appoint to value and cause value whatsoever Teinds great or small Personage or Vicarage of whatsoever Lands and others within this Kingdom liable to the payment of Teinds of whatsoever nature or quality the same be of which are yet unvalued Providing the Ministers serving the Cure who do lead Teinds be secured of good and thankfull payment of so much victuall or money answerable to the worth of the saids Teinds as the Teinds shall be valued to And also with power to them to receive reports from Sub-commissioners and to appoint Sub-commissioners conform to the former Acts and Commissions to appoint constant and locall Stipends and grant Augmentations to dis-joyn too large and spacious Kirks build and erect new Kirks dis-member annex and unite Kirks and to take order that every Heritor and Life-renter shall have the leading and buying of their own Teinds if they be willing according to the Rates prescribed by former Commissions namely by the foresaid Commission granted by His Majesty with consent of the Estates of Parliament in Anno one thousand six hundred thirty and three And with power to the saids Commissioners or Quorum foresaid to give recompence to Parties for the augmentation of Stipends to be imposed by this Commission in the same way as was done by former Commissions namely by the Commission in Anno one thousand six hundred and seventeen With power to them to determine all Questions concerning the Prices of Teinds betwixt Titulars and others having right to the Teinds and the Heritors And to appoint such securities in favours of the Titulars and others having right by the Heritors payers of the valued Duties or buyers of the saids Teinds and in favours of the Ministers as to their maintenance as the saids Commissioners shall think fitting according to the Rules set down in the saids former Acts namely in the said Act in Anno one thousand six hundred thirty and three And suchlike with power to them to appoint and provide for such other pious uses in each Paroch as the estate thereof may bear Declaring that where the Vicarage of any Paroch is a severall Benefice and Title from the Personage the same shall be severally valued to the effect the Titulars or Ministers serving the Cure having right to the said Vicarage be not frustrate of the true worth thereof It is alwayes Declared That Ministers serving the Cure who now lead their Teinds And that Colleges Schools and Hospitals be not constrain'd to sell set nor dispon their Teinds in prejudice of their Successors notwithstanding of the valuation thereof And that Titulars and others having right to Teinds shall not be forced to dispon any Teinds valued or to be valued which they shall be content and willing to assign and dispon to the Ministers serving the Cure of the Paroch as a part of his Provision And His Majesty with consent foresaid Declares That where Valuations are lawfully led against all parties having interest and allowed by former Commissions according to the order observed by them that the same shall not be drawn in question nor rectified upon the pretence of enorm lesion at the instance of the Minister not being Titular or at the instance of His Majesties Advocat for and in respect of His Majesties Annuity Except it be proved that collusion was used betwixt the Titulars and Heritor or betwixt the Procutor-fiscall and Heritors and Titular which collusion is Declared to be where the Valuations are led with the diminution of a third of the just Rent and which diminution shall be proved by the Parties Oaths And albeit that all the Acts of the pretended Parliaments in the years one thousand six hundred and fourty and one thousand six hundred fourty and one and since are Declared by an Act of this present Parliament null and of none avail in all time coming Yet it is hereby Declared That all and whatsoever Valuations Acts Sentences and Decreets done concluded and decerned by vertue of any Commissions granted by the saids pretended Parliaments with all execution used or to be used thereupon are and shall stand valid in all time coming notwithstanding of the foresaid Act Rescissory And this for the good and ease of the People and for incouragement of the Ministers of the Gospel whereunto His Majesty hath alwayes a tender respect And although by a speciall Act of this present Parliament the pretended Parliament holden in Anno one thousand six hundred and fourty nine and in the beginning of the year one thousand six hundred and fifty is from the beginning Declared void and null and all that hath followed thereon Yet neverthelesse His Majesty Doth with advice foresaid Authorize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or moe appointed by the said pretended Parliament for Plantation of Kirks and Valuation of Teinds and all execution competent thereupon Excepting such Decreets and Sentences given in favours of Ministers for their Stipends or for dividing uniting annexing or building of Kirks which shall be found to have been unjustly or exorbitantly decerned The Determination whereof is hereby referred by His Majesty with consent foresaid to the saids Commissioners that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids Acts Decreets and Sentences as they shall think fitting conform to the Laws Practique and Custom observed preceeding the year one thousand six hundred and fourty nine and Ordains Processe upon Supplications to be summarly granted parties alwayes being cited and that without any reduction And it shall be lawfull to the saids Commissioners or Quorum foresaid to proceed in all Summons and Actions to be intended for that effect within the space of two years after the first down-siting of the Commission As also with Power to the saids Commissioners upon the dependance of the saids Complaints and Processes to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter be determined by them As also in respect that by diverse Decreets pronounced by the saids Commissioners appointed by the said Commission in Anno one thousand six hundred and fourty nine the burden of an Augmentation was put upon diverse Tacks-men of Teinds and yet no recompence was made to them by prorogating of the saids Tacks In regard also that diverse Registers of Commissions preceeding the Year one thousand six hundred and fourty nine are lost whereby