worshipping of Imagerie Relicts and Crosses dedicating of Kirks Altars Dayes Vowes to creatures His Purgatorie Prayers for the dead praying or speaking in a strange language with his Processions blasphemous Letanie and multitude of Advocates or Mediators His manifold Orders Auricular Confession His desperate and uncertain Repentance His generall and doubtsome Faith His satisfactions of men for their sinnes His Justification by works opus operatum works of Supererogation Merits Pardons Peregrinations and Stations His holy-water baptizing of Bells conjuring of Spirits crossing saning anointing conjuring hallowing of GODS good creatures with the superstitious opinion joyned therewith His wordly Monarchie and wicked Hierarchie His three solemne vowes with all his shavelings of sundry sorts His erroneous and bloudie decrees made at Trent with all the subscribers and approvers of that cruell and bloudie Band conjured against the Kirk of GOD And finally we detest all his vain Allegories Rites Signes and Traditions brought in the Kirk without or against the Word of GOD and Doctrine of this true reformed Kirk To the which wee joyne ourselves willingly in Doctrine Faith Religion Discipline and use of the holy Sacraments as lively members of the same in Christ our Head Promising and swearing by the Great Name of the Lord our GOD that wee shall continue in the Obedience of the Doctrine and Discipline of this Kirk and shall defend the same according to our vocation and power all the dayes of our lives under the paines contained in the Law and danger both of Body and Soule in the day of GODS fearefull Judgement And seeing that many are stirred up by Sathan and that Roman Antichrist to promise sweare subscribe and for a time use the holy Sacraments in the Kirk deceitfully against their own consciences minding thereby first under the externall cloak of Religion to corrupt and subvert secretly GODS true Religion within the Kirk and afterward when time may serve to become open enemies and persecutors of the same under vain hope of the Popes dispensation devised against the Word of GOD to his greater confusion and their double condemnation in the day of the LORD JESUS Wee therefore willing to take away all suspicion of hypocrisie and of such double dealing with GOD and his Kirk Protest and call The Searcher of all hearts for witnesse that our mindes and hearts doe fully agree with this our Confession Promise Oath and Subscription so that Wee are not moved for any worldly respect but are perswaded only in our consciences through the knowledge and love of GODS true Religion printed in our hearts by the holy Spirit as wee shall answere to him in the day when the secrets of all hearts shall be disclosed And because wee perceive that the quietnes and stabilitie of our Religion and Kirk doth depend upon the safetie and good behaviour of the Kings Majestie as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of his Kirk and ministration of Justice amongst us we protest and promise with our hearts under the same Oath Hand-writ and paines that wee shall defend his Person and Authoritie with our goods bodies and lives in the defence of Christ his Evangel Liberties of our Countrey ministration of Justice and punishment of Iniquitie against all enemies within this Realme or without as wee desire our GOD to bee a strong and mercifull defender to us in the day of our death and comming of our Lord JESUS CHRIST To whom with the Father and the holy Spirit be all Honour and Glory eternally LIKE AS many Acts of Parliament not only in generall do abrogat annull and rescind all Laws Statutes Acts Constitutions Canons civill or municipall with all other Ordinances and practique penalties whatsoever made in prejudice of the true Religion and Professours thereof Or of the true Kirk discipline jurisdiction and freedome therof Or in favours of idolatrie and superstition Or of the Papisticall Kirk As Act 3. Act 31. Parl. 1. Act 23. Parl. 11. Act 114. Parl. 12. of K. James the sixt That Papistrie and Superstition may be utterly suppressed according to the intention of the Acts of Parliament repeated in the 5. Act Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to bee punished by manifolde Civill and Ecclesiasticall paines as adversaries to Gods true Religion preached and by Law established within this Realme Act 24. Parl. 11. K. James 6. as common enemies to all Christian Government Act 18. Parl. 16. K. James 6. as rebellers and gain-standers of our Soveraigne Lords authority Act 47. Parl. 3. K. James 6. and as Idolaters Act 104. Parl. 7. K. James 6. But also in particular by and attour the Confession of faith do abolish and condemne the Popes Authority and Jurisdiction out of this Land and ordain the maintainers thereof to be punished Act 2. Parl. 1. Act 51. Parl. 3. Act 106. Parl. 7. Act 114. Parl. 12. K. James 6. do condemn the Popes erroneous doctrine or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached and by Law established in this Realme And ordaine the spreaders and makers of Books or Libels or Letters or writs of that nature to be punished Act 46. Parl. 3. Act 106. Parl. 7. Act 24. Parl. 11. K. James 6. do condemn all Baptism conform to the Popes Kirk and the Idolatry of the Masse and ordain all sayers wilfull hearers and concealers of the Masse the maintainers and re-setters of the Priests Jesuits traffiquing Papists to bee punished without any exception or restriction Act 5. Parl. 1. Act 120 Parl. 12. Act 164. Parl. 13. Act 193. Parl. 14. Act 1. Parl. 19. Act 5. Parl. 20. K. James 6. do condemne all erroneous bookes and writs containing erroneous doctrine against the Religion presently professed or containing superstitious Rites and Ceremonies Papisticall whereby the people are greatly abused and ordain the home-bringers of them to be punished Act 25. Parl. 11. K. James 6. do condemn the monuments and dregs of by-gone Idolatry as going to the Crosses observing the Festivall dayes of Saints and such other superstitious and Papisticall Rites to the dishonour of GOD contempt of true Religion and fostering of great errour among the people and ordain the users of them to be punished for the second fault as Idolaters Act 104. Parl. 7. K. James 6. LIKE AS many Acts of Parliament are conceived for maintenance of Gods true and Christian Religion and the purity thereof in Doctrine and Sacraments of the true Church of GOD the liberty and freedome thereof in her Nationall and Synodall Assemblies Presbyteries Sessions Policie Discipline and Jurisdiction thereof as that purity of Religion and liberty of the Church was used professed exercised preached and confessed according to the Reformation of Religion in this Realme As for instance the 99 Act Parl. 7. Act 23. Parl. 11. Act 114. P. 12. Act. 160. Parl. 13. of K. James 6. ratified by 4. Act
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
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
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
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
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
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
Febr. 1641. Stilo Scotico and given in to the Treaty upon the 5. of the said Moneth And whereas it was desired by the Scottish Commissioners that the English Commissioners would let them know from the Parliament the security manner and termes of Payment of the foresaid summe of three hundred thousand Pounds and of the Arrears due for reliefe of the Northerne Counties It was agreed unto by warrant and order of the Parliament that they should have fourescore thousand Pounds as a part of the foresaid summe of three hundreth thousand pounds with the whole Arrears due to the Army before the disbanding thereof Conforme to the Paper of the 26. of May 1641. and given in to the Treaty upon the 27. of the said Moneth And concerning the security for paying of the remnant of the said sum of three hundred thousand pounds which is Arreare extending to 200 and 20000 Pounds It is resolved and agreed unto by both Houses of Parliament That an act of Parliament of publike Faith shall passe for security thereof And that one moity or equall halfe of the same extending to one hundred and ten thousand Pounds shall be payed at Midsommer in Anno 1642. And the other moity or equall halfe thereof to be payed at Midsommer in Anno 1643. as the order of the houses of Parliament of the 19 25. daies of June 1641. doth more fully purport And in like maner whereas it was desired by the Scottish Commissioners that they might know to whom they should addresse themselves for payment of the summes at the dayes appointed by the Parliament Conform to the Parliaments determination of the 19. of June Secondly at what place the payment should be made Thirdly that a safe conduct may be granted for the secure transporting of the moneys to Scotland at the times of the payment agreed upon It is answered and resolved by the Parliament That these Earles Lords and Commissioners following shall be the persons to whom the Scots shall addresse themselves for the receiving of the summes at the dayes appointed by the Parliament Earl of Bedford Earle of Essex Earle of Warwick Earle of Holland Earle of Stanford Lord Wharton Lord Mandevill Lord Brook Mr. Martin Sir Thomas Barrington Mr. Capell Sir Ar. Ingram Sir Gilbert Gerrard Sir Robert Pye Mr. H. Bellasis Sir Walter Earle Sir William Litton Sir Henry Mildmay Sir Thomas Cheek Sir John Strangewayes Mr. Arthur Goodwine Mr. Hampden Alderman Soam Alderman Pennington Resolved upon the question That the place of payment shall be the Chamber of London Resolved upon the question that a safe conduct shall be granted for the secure transporting of the moneyes to Scotland at the termes of Payment agreed upon at the charge of the Scots Conforme to the Paper June 22. 1641. yeares To the seventh Demand desiring that as his Majestie hath approved the acts of the late Parliament wherein all such Declarations Proclamations Books Libels Pamphlets as have bin made written or published against his loyal and dutifull subjects of Scotland are re-called and ordained to be suppressed and destroyed So his Majesty may be pleased to give order that the same may be suppressed recalled forbidden in England and Ireland and that the loyalty integrity and faithfulnesse of his Majesties subjects of Scotland towards his Majesties Royall Person Government may at the closing of this Treaty of Peace and at the time of publick thanksgiving for the same be made known in all places and all Parish Churches of his Majesties Dominions This was the more earnestly desired confidently expected from his Majesties Justice goodnesse Because no calamity or distresse hath so sore vexed or so deeply wounded the hearts of his Majesties Subjects as that their loyalty and love towards their Native King should have been controverted by the malignancy of bad Instruments brought into suspition And because they unfainedly desire pray for his Majesties happinesse and are resolved by all meanes and at all occasions to deny themselves and what they have for his Majesties Honour As is more fully contained in the Paper of the 8. of February 1641. Stilo Scotico It is answered upon the 10. of February 1641. Stilo Scotico We do agree that all declarations proclamations acts books libels and pamphlets that have been made published against the loyalty dutifulnesse of his Majesties subjects of Scotland shal be recalled suppressed forbidden in England Ireland And that this be reciprocall in Scotland if any such have bin made or published there in prejudice of his Majesties honour And this upon diligent inquiry to be done by the authority of the Parliament next sitting in Scotland of which the Commissioners of Scotland doe promise to have an especial care And we do also agree that when it shall please Almighty God to grant a happy close of this Treaty of Peace the loyalty of his Majesties said Subjects shall be made known at the time of publick thanksgiving in all places particularly in the Parish Churches of his Majesties Dominions Unto which we are the rather induced for that you expresse how deeply it hath wounded the hearts of his Majesties said Subjects that their loyalty love to his Matie their native King should be brought in question suspition Whereas they unfainedly desire pray for his Majesties happines are resolved by all means at all occasions to deny themselves what they have for his Majesties honor 10. Febr. 1641. stilo scotico Concerning the eighth Demand for an happy and durable Peace which is the chiefest of all our desires and unto which all the former seven Articles being now agreed upon are as many Preparations We do first of all desire that all monuments tokens shews of hostility upon the borders of the two kingdoms may be taken away that upon the reasons considerations particularly exprest in the paper of the 10. of Febr. 1641. stilo scotico That not only the Garrisons of Barwick and Carlile may be removed but that the works may be slighted and the places dismantled It is answered and agreed upon the 14. of June That his Majesty is desirous that all things betwixt the Kingdomes of Scotland and England bee reduced into the same state they were in before the beginning of the late troubles And therefore Hee doth give his Assent to the advice of the two Houses of Parliament that the Garrisons of Barwicke and Carlile upon the disbanding of the Scottish Army now in England and of all such Forces as are gathered together in Scotland be likewise presently removed And that the Fortifications of Barwick and Carlile bee also reduced to the same condition they were before the late troubles So that all Fortifications in Scotland bee likewise put in the same condition they were before the said troubles And that the Workes bee not repaired but suffered to decay and that the Ordinance and Ammunition bee removed And that it bee without prejudice to his Majesties
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
persons and of the crimes whereof they are accused the Parliament declares that they will not proceed to a finall sentence nor insist upon the punishment of those persons but that they doe for the reasons foresaids freely remit them to his Majesty The Estates of Parliament considering that whereas albeit James Earle of Montrose Archbald Lord Naper Sir George Stirling of keir knight Sir Archbald Stewart of Black hall _____ are cited before them and accused as guilty of diverse crimes misdemeanours committed by them to the just offence of the Estates of Parliament and derogatorie to the great trust confidence had of them And albeit the Parliament have just reason to prosecute their processes yet neverthelesse the saids Estates of Parliament taking into their consideration his Majesties gracious goodnesse towards this his native Kingdom and fatherly care and wisedome in composing all past differences and providing for the future to the great joy and happines of all his subjects Do in retribution thereof with an unanimous consent to testifie their high respect and thankfulnesse to his Majesty and that his Majesty may joyfully returne a contented prince from a contented people to the setling of his royall affaires in his other dominions beleeving that the famine will be acceptable to his Majesty and conduceable to the good and peace of the kingdome Declare that for acquitting themselves of their oath they will onely proceed to the exact tryall of the saids parties by a committee to be appointed and authorized by the King and Parliament in respect of the present necessity of their other affaires and after triall shall be taken of the saids persons and of the crimes whereof they are accused The Parliament declares that they will not proceed to a finall sentence nor insist upon the punishment of the saids persons but that they doe for the reasons foresaids freely remit them to his Majesty At Edinburgh the sixteenth day of November the yeare of God 1641 yeares the Parliament having expressed their respect and thankfulnesse to his Majesty by remitting unto him these that are cited as Incendiaries and others according to their above written declaration he was graciously pleased the better to testifie his Princely care and to prevent any feares that may be conceived from the medling of those persons in the affaires of State or Court to make this Declaration following I Taking in good part the respect and thankfulnesse of this Parliament in remitting to me these who are cited as Incendiaries and others according to their Declarations Doe declare that I will not imploy any of these persons in offices or places of Court or State without consent of Parliament nor grant them accesse to my person whereby they may interrupt or disturb the firme peace which is now so happily concluded ACT XXXIV ACT AND COMMISSION FOR TRYING The Incendiaries and Plotters 16. November 1641. OUR Soveraigne Lord and Estates of Parliament having taken to consideration That in the Session of Parliament conveened by his Majesties authoritie upon the eleventh day of June 1640. yeares full power and warrant was given and granted to the Preses and Quorum of the Committee of Estates therein appointed for directing in the Kings Majesties name and in name of the Estates of Parliament summonds and precepts to the Lyon King at Armes and his brethren Heraulds Pursevants and Maissars to warn and charge the persons under written viz. John Earl of Traquaire Sir Robert Spottiswood of Donipace knight Sir John Hay of Lands late Clerk Register Doctor Walter Balcanquell and Master John Maxwell sometime pretended Bishop of Rosse to compeir personally before the Parliament at certaine dayes and diets by-gone And that conforme to the said warrant of Parliament summonds were raised and intended at the instance of Sir Thomas Hope of Craighall Knight baronet his Majesties Advocate and at the instance of Sir Thomas Nicolson of Carnock Knight Baronet Masters Roger Mowat Alexander Peirson James Baird and Thomas Nicolson Procutors of the Estate to compeire before the Kings Majesty and Estates of Parliament at certaine dayes and diets now by-gone to answer for the crimes of Treason and other crimes contained in the said summonds and precepts of the date the _____ day of _____ yeares And al 's our Soveraigne Lord and Estates of Parliament considering that summonds and actions are depending before our said Soveraigne Lord and the Estates of this present Parliament against Iames Earle of Montrose Archbald Lord Naper Sir George Stirling of Keir Knight Sir Archbald Stuart of Blakhall _____ as having been plotters devisers and machinators of courses against the publick weale and as having been the committers of other severall crimes and forefaults particularly specified and contained in the said summonds raised and depending against the saids Earle of Montrose Lord Naper Lairds of Keir and Blakhall _____ Before the Kings Majestie and Estates of this present Parliament of the date the _____ day of _____ 1641. years as the famine at more length beares Therefore our Soveraigne Lord and the Estates of this present Parliament for the further examination and tryall of the persons above specified their guiltinesse of the points and crimes above written contained in the summonds particularly and respectively above mentioned Gives and grants by thir presents full power authority and commission to the persons after mentioned viz. Iohn Lord Lowdoun Chancellour John Earle of Lauderdaill _____ Earle of Weymes Robert Lord Burghly James Lord Couper George Lord Forrester Sir Iohn Hammiltoun of Preston Sir William Cokburne Lord Langtoun Harie Montgomrie of Gifin Sir George Dundas of that ilk Sir Iohn Wauchope of Nidrie William Rig of Ethernie George Bell for the towne of Linlithgow Thomas Bruce for Stirling Mr. George Gray for Hadingtoun George Gardine for Bruntiland and Robert Cunnyngham for Kinghorne James Sword for Saint Andrewes and Sir Alexander Gibson of Durie and Sir Adam Hepburne of Humbie two of the ordinary Senators of the Colledge of justice or to any Quorum of the said number of the saids persons being present for the time which Quorum shall consist of nine two being for ilk estate by the saids two Judges above named to proceed in all further examination of the points of the saids crimes consisting in facto And that by examination of witnesses and by writ or other probation competent of the Law against so many of the saids persons as are not compeiring without all farther citation in respect of their absence and contumacie And al 's to call and conveene before them the foresaids persons above rehearsed in the said summonds particularly and respectively above written so many of them as are incarcerate before them at such dayes and diets as they most conveniently shall appoint at Edinburgh the fourth day of January next to come which is appointed to be the first diet of their meeting And ordaines these who are incarcerate to be cited personally and these who are out of the Countrey at the Mercat Crosse of
rights led and done And ordaines all such services as are to be led deduced hereafter for serving of the heires of the vassals of the lands and others foresaids as heires in the famine lands to be served heires thereintill to be holden of the Kings Majesty and His Successours foresaids as their superiours of the famine Lands and others above mentioned in all time coming with this provision that the few duties of these lands holden of the chapters now retained in titulo shall pertaine and be payed them during the present titulars life-times And it is declared that this present act shall not be prejudiciall to the infestment granted by his Majesty to the Duke of Lennox of the superiority of the whole Lands and Barronies which pertained to the temporality of the Arch-bishoprick of Glasgow but that the said infestment shall stand vallid in the selfe and the vassals to hold their Lands of the said Duke of Lennox and his Successours as their superiours thereof in time coming And also declares thir presents neither act nor reservation foresaid shall not be extended to the Deanrie or Sub-deanrie of Glasgow nor nothing holden of the Dean or Sub-dean As also but prejudice to the Earle of Lauderdaill of his infestments of Stobo and Ettilstoun which is no wayes prejudged by this act nor reservation foresaid Providing that this provision shall not better nor strengthen the Earle of Lauderdails right and infestment foresaid But the famine to be in that famine condition as before the date of thir presents ACT LII COMMISSION FOR REVISING OF The Registers 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering that this long time by-gone the Registers and Records of Parliament have not beene visited so that some of the ancient Records might have been abstracted vitiate or disordered Therefore our Soveraigne Lord and Estates foresaids gives full power and Commission to the persons following viz. the Lord Chancellour the Earle of Argyle Earle of Lauderdaill and Clerk Register to meet when the Lord Chancellour shall appoint To take inspection and revise and looke over all the whole Registers and Records of Parliament aswell these in the Castle as these in other mens custodie and to call for the old Inventars thereof and compare them with the Registers and to make two new authentick Inventars thereof without copying of the saids Registers and Records Which Inventars shall be subscribed by the most part of the visitors the one whereof shall be delivered to the Clerk Register to bee kept by him the other Inventar shall be laid up either with their Honours or some other lockfast place whereof the Lord Chancellour for the time shall keep the key and to cause make presses boxes buists or other necessaries fitting for keeping of the saids Registers and Records And also to consider of the place and house where the saids Registers lie and to advise and appoint the best wayes and meanes for preserving and sure custodie of the saids Registers and Records With power also to them to mark and observe any defect or wants in the saids Registers and Records and the vitiations thereof if any be And siclike to marke number and put in perfect order the saids Registers and Records with power also to make a perfect Index of all the unprinted Acts of Parliament which doe not concerne particularly private persons but such as import and concerne only generally the whole lieges And siclike gives full power to the persons foresaids to lay up the principall late Treatie amongst the saids Records and Registers and generally to doe all and sundry other things whereby the saids Registers and Records may be preserved and their perfections or imperfections may be notified And ordaines them to make report of their faithfull and exact diligence hereintill at the next Parliament And our Soveraigne Lord and Estates foresaid declares thir presents is no wayes prejudiciall to the Clerk Register of receiving keeping and using of the saids Registers and keyes thereof in the meane time conforme to his right and place ACT LIII ACT ANENT COCQUETS AND ENTRIES of Ships modifying the entrie to 23. shillings 4. pennies and the Cocquet to 40. shillings 16. November 1641. OUR Soveraigne Lord and Estates presently conveened understanding there are divers 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 summes of money than 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 Soveraigne Lord with advice and consent of the Estates ordains that there be no greater price exacted for entring their Ships and Goods then the summe of twenty three shillings foure pennies and for the said Cocquet then the summe 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 paine of losing their place whensoever they shall be found either to exact more then the said summe above written or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same ACT LIV. ACT ANENT DISCHARGING THE Registration of comprisings and appointing the recording and allowing of comprisings and prices thereof 16. November 1641. OUR Soveraigne Lord and Estates of Parliament having taken to their consideration that the registration of Comprisings hath put the lieges to great needlesse and unnecessary charges and expences and that the famine doth neither adde to the validity of the Comprisings nor to the benefit of the Comprisers And therefore have discharged and by the tenour hereof discharges all registration of Comprisings together with all gifts Acts of Councell and others warrants consuetude or custome whatsoever granted or observed thereanent And declares that the famine Gifts Acts of Councell and others warrants consuetude or custome to be null and of none availe force nor effect in all time comming And siclike our Soveraign Lord and Estates of Parliament considering that a short Record of all Comprisings of lands and rents heritable bands contracts reversions and others and legals thereof viz. of the comprisers names and designations The defenders names the debt for the which the comprising is used the lands and others comprised the Maissers and Clerks names the times of the denunciations and executions and witnesses thereto and date of the comprisings and of the superiours of the lands comprised is very necessar for the Lieges their informations Therefore statutes and ordaines that all comprisers shall be obliged to bring their comprisings to the clerk of the Bils within threescore dayes after the date of the comprisings to the effect that the famine may be allowed by the Lords of Councell and Session At the which time ordaines the said clerk to the bils to make a record of the saids comprisings in a
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
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
by and attour the prejudice sustained by their master and other punishment of their bodies ACT XLVIII ACT DISCHARGING THE MIXING OF TIN With lead 16. November 1641. OUR Soveraign Lord and Estates of this present Parliament considering the great hurt sustained by his Majesties Lieges by the fraudulent dealing of pewterers in mixing the finer sort of tinne brought from England France Flanders and other parts beyond sea with baser and courser mettall of tin and lead their exacting greater prices betwixt the new cassin by them and the old which they receive from the lieges For remeed wherof it is statute and ordained that the pewterer or founder of tin shall put the marke of the thrissle and his owne name upon every piece of worke that hee happens to cast and that the same shall bee of the finest of the pewter marked with the rose in England And in case the same be under the finesse of the said pewter of England that the same shall bee confiscate and hee punished in his person at the discretion of the Magistrates of the Burgh where he dwells And to that effect that there bee a visitor appoynted by the Magistrates for trying of the famine As likewise that he shall take betwixt the pound of old tinne and pewter marked with the rose foresaid which he receives from the Lieges and the pound of new cassin by him eighteene pennies allanerly under the pain foresaid ACT XLIX ANENT DOCQUETING AND PRESENTING Of Signators 16. November 1641. OUR Soveraign Lord with advice and consent of the Estates of Parliament Considering that by the twentieth Act of his Majesties dearest Father King James the sixth his tenth Parliament for avoyding the prejudice did then arise by the subscribing of sundry Signators and Letters at the importunate suite and desire of sundry persons His Highnesse not being informed or timely warned to the effect and contents thereof Therefore his Majesty with the advice of the Estates conveened in Parliament did statute and ordaine that no Signator nor Letter whatsoever shall bee presented to his Majesty in time coming but by his ordinary officers unto whom the famine properly belongeth or who have power of docqueting and presenting by their patents as the Act at more length beareth And his Majesty with advice and consent foresaid also considering how prejudiciall it is to his Majesties honour and the peace and good of his Majesties Subjects That Signators of one and the same thing without his Majesties certaine knowledge shall passe his Majesties hand in favours of severall persons or that Letters of contrary tenours shall bee signed by his Majesty and directed to Officers and Judges within this Kingdome The onely occasion thereof is that others then the said Officers or their Deputes or others foresaid to whom the famine may belong Takes upon them to present Signators and Letters to his Majesty for their friends and acquaintance either not knowing the former Signator or Letters of contrary straine or of set knowledge to reverse what hath beene done before without giving true information or reasons to move his Majesty to signe these Signators or wrest contrary Letters For remeed whereof his Majesty with advice and consent foresaid ratifies and approves the foresaid Act in all the poynts therof and declares that it shall not bee leisome or permitted to any person or persons whatsoever to present any Signator Writ Letters or Warrant to bee signed by his Majesty except by the saids ordinary Officers unto whose Office the famine properly belongs and by others foresaids having power and warrant as said is And that his Majesty may the better know what passeth his highnes hand and upon what grounds and reasons he signes the famine it is expedient that any of the saids officers that shall present any signator writ letter or warrand to be signed by his Majesty shall cause register the docquet of the same in a Register and send the just and authentike double thereof subscribed with their hand to his Majesties Secretary who shall be obliged to give his Majesty notice and timous warning of any prior deed different or contrair to the posterior that his Majesty may either refuse the same or specifie his Majesties certaine knowledge for passing and signing thereof ACT L. ACT ANENT THE ELECTION OF The President of Parliament 16. November 1641. OUR Soveraigne Lord and Estates of Parliament considering how necessary and expedient it is that in every Parliament to be holden within this Kingdom there be a President of Parliament chosen by his Majesty or his Commissioner and Estates of Parliament to proceed in all matters to be agitate in Parliament Therefore his Majesty with advice and consent foresaid Statutes and ordaines that in all succeeding parliaments after taking of the oath of Parliament by all the members thereof they shall make choice of the Lord Chauncellour or any other the King or his Commissioner and the Estates shall appoint to be President of Parliament who shall remaine and continue President al 's well in that Parliament wherein he is chosen as in the next Parliament subsequent untill the said oath be taken and another chosen to be President in his roome ACT LI. ACT ANENT THE SUPERIORITIE OF Lands and others which formerly held of Bishops and their Chapters to be now holden of the King 16. November 1641. OUr Soveraigne Lord and Estates of Parliament for removing all doubts and questions that may arise anent the superiorities of these lands milnes fishings heritable offices and others which held of the late pretended Bishops or of their chapters by reason of the abolishing of Bishops and chapters foresaid forth of this Kirke and Kingdome and to the effect the subjects and vassals of these holdings may be put in assurance here-anent have statute ordained and declared and by thir presents statutes ordaines and declares That all these superiorities which formerly pertained to the saids pretended Bishops and their chapters now abolished as said is doe now pertain and belong and shall hereafter pertain to our Soveraign Lord His Highnesse Successours in all time coming And that the Vassals of these Lands Mils Fishings heritable Offices and others which formerly held of the famine Bishops and their chapters doe now and shall in time coming hold the famine of our Soveraign Lord the Kings Majesty and His Successours in the same form and manner of holding as they formerly held of the saids Bishops and their chapters conform to the saids vassals their infestments and rights made and pertaining to them which are hereby declared to be unprejudged by the abolishing of the saids Bishops and their chapters their former Superiours And siclike Our said Soveraign Lord and Estates of Parliament declare all these services of heires to their defunct predecessours to any of the Lands and others holden of the saids Bishops since the excommunication of Bishops whereby these heires are served to the saids Lands to be holden of the Kings Majesty to be vallid and lawfull services and
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