William Stewart of Egirness George Stewart of Tuderghie William Macguffock of Alterry Thomas Stewart of Glentark Richard Murray of Brughtoun younger Iohn Macculloch of Myrtoun Stewartry of Kirckudburgh For the Stewartry of Kirckudburgh and Burghs within the same Robert Earl of Nithisdail Iames Earl of Galloway Robert Viscount of Kenmure Alexander Lord Garlies Iohn Lord Herris Iohn Lord Kirkudburgl Robert Master of Herris Iohn Herris of Maybie Sir Iames Murray of Babertoun David Macbrair of Newark William Maxwel of Kirkhouse Mr. Alexander Spotswood of Sweetheart Mr. Thomas Hay of Lands Iames Maxwel of Braikenside Roger Gordoun of Troquhen William Gordoun of Schirrirners Mr. William Gordoun of Earlestoun Robert Maxwel of Orchartoun William Mackleland of Collin George Maxwel of Munshes Richard Murray of Broughtoun Alexander Mackghie of Balmackghie William Greirson of Bargaton Iohn Corsan of Sannick Gilbert Brown of Kempiltoun Iohn Dunbar of Machirmore Iohn Mure Tutor of Cassincarie Patrick Mackie of Larg Andrew Herroun of Kiruchtrie and Iohn Ewart of Mullack the Provost and Baylies of Kirkudburgh for the time being and the Provost of Newgalloway for the time being Peibles For the Sheriffdom of Peibles and Burghs within the same John Earl of Traquair John Earl of Tweddal the Lairds of Blackbarronie elder and younger VVilliam Murray of Stainhope Sir John Vaitch of Daick John Vaitch his son Sir Michael Naesmith of Possa Sir Robert Murray of Skirling Robert Hunter of Polmude VVilliam Horsburgh of Horsburgh VValter Murray of Halmyre Adam Murray of Cardon James Geddes of Kirkurd John Murray of Romano Mr. John Dickson of VVitsleed Alexander BailÈie of Flemingtoun-milne Mr. John Hay of Haystoun George Tait of Pirne Mr. VVilliam Burnet of Cringeltie George Brown of Scotstoun VVilliam Brown of Stevnson James Lawson of Cairnmure VVilliam Goven of Cardrona _____ Hamiltoun of Caldcoat Bute For the Sheriffdom of Bute and Burghs within the same VVilliam Duke of Hamiltoun Sir James Stewart Sheriff of Bute Dougal Stewart his son Hector Bannatine of Beams Ninian Stewart of Kilcatten Ninian Stewart of Ashboag John Stewart of Ardinho John Hamiltoun Baily of Arran VVilliam Hamiltoun of Coats James Stewart of Kiniwhinlick and Iohn Glask of Branser the Provost and Baylies of Rothsay for the time being Stirline For the Sheriffdom of Stirline and Burghs within the same VVilliam Duke of Hamiltoun Iames Marquess of Montrose _____ Earl of VVigtoun Iames Earl of Callender _____ Lord Fleming Iames Lord Forrester Alexander Levingstoun Nevoy to the Earl of Callender Sir VVilliam Levingstoun of VVestquarter Sir Robert Elphingstoun of Quarrel Normand Levingstoun of Milnehil Mr. Andrew Oswald of Dalderse Iohn Rollo of VVoodside VVilliam Bruce of Newtoun Thomas Elphingstoun of Catherhal Iohn Murray of Polmais Iames Seatoun of Touch Sir Iohn Rollo of Bannackburne Sir Charles Erskin of Alva VVilliam Stirline of Herbertshire Alexander Monro of Bearcrofts Sir Iames Levingstoun of Kilsith _____ Hamiltoun of Pardewie Iohn Stirline of Bankel Sir George Stirline of Keir Sir Mungo Stirline of Glorat _____ Buchannan of that ilk Alexander Glass of Coltinghoofe Sir Iohn Stirline of Carden younger Walter Leckie of Deshors Iohn Leckie of that ilk Alexander Cunningham of Bowhan and Mr. Alexander Nairn of Easter-Greenyards the Provost Baylies Dean of Gild and Treasurer of the Town of Stirline for the time being Bamff For the Sheriffdom of Bamff and Burghs within the same William Earl of Marshal _____ Earl of Findlater Walter Ogilvy of Boyne Sir Iohn Gordoun of Park Sir Alexander Urquhart of Dunlugus William Innes of Kinermonie Mr. Iohn Abercrombie of Glassock George Gordoun of Thornbank Alexander Garden of Troup Iames Innes of Auchrosk Sir Alexander Abercrombie of Birkinboge William Dalgarno of Blackwater and Alexander Ogilvie of Kempcairn The Provost and Baylies of the Town of Bamff for the time being and the Baylies of Culen for the time being Sutherland For the Sheriffdom of Sutherland and Burghs within the same _____ Earl of Sutherland George Lord Strathnaver _____ Lord Rae Alexander Lord Duffus Robert Gordoun of Langdail Sir Robert Gordoun of Embo Robert Gray of Skibo Robert Gordoun of Carrol Hugh Macky of Scowry Angus Macky of Melnies Iohn Sutherland of Clyne William Gordoun of Dalphollie the Provost of Dornoche for the time being and Alexander Gordoun Burgess there Clackmannan For the Sheriffdom of Clackmannan and Burghs within the same Henry Bruce of Clackmannan Sir Charles Erskin of Alva Mr. Robert Bruce of Schanbodie Iohn Nicolson of Dillicultrie David Bruce of Kennet William Stirline of Herbertshire Mr. Thomas Naper Baily in Allaway Patrick Burn of Sheirdel and John Keirie in Allaway Elgin For the Sheriffdom of Elgin and Burghs within the same Alexander Earl of Murray Alexander Lord Duffus James Grant of Freuchie Sir Robert Innes of that ilk Thomas MackeinÈie of Pluscardin Sir Robert Innes of Muirtoun James Brodie of that ilk Robert Cuming of Altar Walter Kinnaird of Cubin Sir Alexander Innes of Cokstoun Sir Robert Dunbar of Grainghil John Stewart of Newtoun Alexander Dowglass of Speiney Alexander Tulloch of Tannachie David Dunbar of Dunfail George Innes of Caldcoats John Grant of Ballandolloch Patrick Grant of Achehangin William Grant of Cardels James Grant of Achernick the Provost and two Baylies of the Burgh of Elgin for the time being the Provost and eldest Baily of the Burgh of Forres for the time being Innerness For the Sheriffdom of Innerness and Burghs within the same the Earl of Murray the Earl of Seafort James Grant of Freuchie Lauchlan Mackintosh Uncle to the Laird of Mackintosh John Forbes of Cullodin Hugh Fraser of Belladrum Alexander Mackintosh younger of Connedge Hugh Fraser of Foyer Donald Mackintosh of Oldourie Mr. Roderick MackeinÈie of Kilmure Alexander Graham of Drynie Sir John Urquhart of Cromarty Alexander Dunbar of Kennedfield Kenneth MackeinÈie of Coul Roderick MackeinÈie of Davachmaluake Roderick MackeinÈie younger of Ferburn Colein MackeinÈie of Reidcastle John Cuthbert of Castelhil Eune Mackpherson Tutor of Cluny Sir Norman Mackleod of Kernary John Grant of Garthinmore Mungo Grant of Cunnigars James Grant of Sheuglie the Provost and Baylies of Innerness for the time being James Anderson and Robert Innes in Forterose the Provost and one of the Baylies of Dingwel for the time being Cromarty For the Sheriffdom of Cromarty and Burghs within the same Sir John Urquhart of Cromarty Alexander Urquhart of Kinnudie Alexander Clunes Baily of Cromarty Renfrew For the Sheriffdom of Renfrew and Burghs within the same Hugh Earl of Eglingtoun James Lord Kilmares Alexander Lord Montgomery George Lord Ross William Lord Cochrane William Master of Cochrane the Lairds of Houstoun elder and younger the Lairds of Blackhal elder and younger Sir Patrick Maxwel of Newwark Sir George Maxwel fiar thereof Sir James Hamiltoun of Orbistoun Alexander Cunningham of Craigains _____ Pollock of that ilk Sir John Shaw younger of Greinock Cornelius Crauford of Jordanhil the Laird of Bishoptoun younger Alexander and John Poterfields elder and younger of Duchel Patrick Fleming of Barnchano George Howstoun of
THE LAWS and ACTS OF THE FIRST PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh the First of January 1661. By a Noble Lord John Earl of Middleton Lord Cleremont and Fettercairn His MAJESTIES Commissioner for holding of this Parliament by vertue of a COMMISSION under His MAJESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Extracted and Collected from the Records of Parliament by Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His MAJESTIES Council Registers and Rolls EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1661 CVM PRIVILEGIO CHARLES the 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE IRELAND Defender of the faith â—â—uch not my Anoynted GOD SAVE THE KING FEAR GOD HONOVR THE KING HONI SOIT QVI MAL Y PENSE C R HONI SOIT QVI MAL Y PENSE NEMO ME IMPVNE LACESSET The LAWS and ACTS made in the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Began at Edinburgh the first day of January 1661. I. ACT concerning the President and Oath of Parliament FOrasmuch as it hath pleased Almighty GOD to compassionat the troubles and confusions of this Kingdom by returning the Kings most excellent MAjESTY to the exercise of that Royal Government under which and its excellent constitution this Kingdom hath for many ages injoyed so much happiness peace and plenty And it being upon good and important considerations an inviolable practice in this Government before these troubles that the person nominate by His MAjESTY to be His Chancellor within this Kingdom did of right and as due to his place preside in all Meetings of Parliament and other publick Judicatories of the Kingdom where he was present for the time And His MAjESTY now considering the great advantages do accress to the publick good of His Subjects by the due observance of such ancient and well grounded Customs and Constitutions and the prejudices that do accompany a change thereof Therefore His MAjESTY with advice and consent of His Estates of Parliament doth Declare That the present Lord Chancellor and such as hereafter shall be nominate by His MAjESTY or His Royal Successors to succeed in that place and in case of their absence such as shall be nominate by His MAJESTY are by vertue and right of the said office and such nomination respective to preside in all meetings of His MAJESTIES Parliaments or other publick Judicatories of the kingdom where they shall happen to be present and that they are now and in all time coming to injoy this priviledge And in discharge of this trust they are at the first down-sitting of every Parliament to administer to all the Members thereof the Oath of Alleagiance whereof the tenor follows I for testification of my faithfull obedience to my most gracious and redoubted Soveraign CHARLES King of Great Brittain France and Ireland Defender of the Faith c. Affirm testifie and declare by this my solemn Oath That I acknowledge my said Soveraign only Supream Governour of this Kingdom over all Persons and in all Causes and that no Forraign Prince Power or State nor person Civil or Ecclesiastick hath any Jurisdiction Power or Superiority over the same And therefore I do utterly renounce and forsake all Forraign Jurisdictions Powers and Authorities and shall at my utmost power defend assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly and never decline His MAJESTIES Power nor Jurisdiction as I shall answer to GOD. With this addition And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament as I shall answer to GOD. Likeas His MAJESTY with advice foresaid doth hereby Rescind and Annull all Acts Statutes or Practices as to the President or Oath of Parliament which are prejudicial unto or inconsistent with this present Act and Declare the same to be void and null in all time coming II. Act and Acknowledgement of His MAjESTIES Prerogative in the choice of His Officers of State Councellors and Judges THe Estates of Parliament considering the great obligations that do ly upon them from the Law of GOD the Laws of Nations the municipal Laws of the Land and their Oaths of Alleagiance to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY and the sad consequences that do accompany any incroachments upon or diminutions thereof Do therefore from their sense of humble duty Declare That it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate and Privy Councellors and the nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors are for ever by vertue of that Royal Power which they hold from GOD Almighty over this Kingdom to injoy and have the full exercise of that Right And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Acts Statutes or Practices to the contrair and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative and to be void and null in all time coming III. Act asserting His Majesties Royal Prerogative in the calling and dissolving of Parliaments and making of Laws THe Estates of Parliament now conveened by His MAJESTIES special Authority considering that the Quietness Stability and Happiness of the people do depend upon the Safety of the Kings MAJESTIES Sacred Person and the maintenance of His Soveraign Authority Princely Power and Prerogative Royal. And conceiving themselves oblieged in conscience and in discharge of their duties to Almighty GOD to the Kings MAJESTY and to their Native Country to make a due acknowledgement thereof at this time Do therefore unanimously Declare That they will with their lives and fortunes maintain and defend the same And they do hereby acknowledge that the power of Calling Holding Proroguing and Dissolving of Parliaments and all Conventions and Meetings of the Estates doth solely reside in the Kings MAJESTY His Heirs and Successors And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY or His Commissioner so no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the Kings MAJESTY or His Commissioner interponed thereto at the making thereof And therefore the Kings MAJESTY with advice and consent of His Estates of Parliament doth hereby Rescind and Annull all Laws Acts Statutes or Practices that have
four pounds And if the Excise imposed upon the Inland Salt and Forreign Commodities shall exceed the foresaid sum of ninety six thousand pounds appointed by this Act to be raised off the same then the superplus to be imployed and made use of by such as shall be intrusted by His Majesty with that affair for the relief of such Shires and Burghs as they shall find to be overburdened or disproportionat by the foresaid List And for the better and more speedy inbringing and payment of the said three hundred and eighty four thousand pounds the Kings Majesty with advice and consent of His Estates of Parliament nominates appoints and ordains the persons under-written to be Commissioners within the respective Shires and Burghs for regulating ordering and uplifting of the said Excise viz. Edinburgh For the Sheriffdom of Edinburgh principal the Town of Edinburgh and pertinents excepted _____ Lord Ramsay Walter Lord Torphichen James Lord Forrester Sir James Fouls of Collingtoun the Lairds of Haltoun elder and younger Sir John Wanchop of Nidrie Sir Alexander Dalmahoy of that ilk Sir John Nicolson of Poltoun Sir James Dundas of Arnistoun Sir John Couper of Gogar Adam Cunningham of Woodhall George Fouls of Ravelston Sir John Fouls his son Mr. John Young of Leny Mr. Robert Prestoun of Prestoun Patrick Hamiltoun of Prestoun Sir William Murray Master of work Mr. Lawrence Scot of Bavilla James Boyd of Temple Sir Robert Murray of Cameron Mr. Alexander Fouls of Ratho Sir John Smith of Grothill Edward Edgar of Peper-milne John Biggar of Wolmet _____ Doby of Stainie-hill Mr. William Little of Over Libertoun Sir John Gibson of Adestoun Mark Kerse younger of Cockpen Mr. Robert Dalgleish of Louristoun Sir Thomas Thomson of Dudinstoun Sir William Murray of Newtoun Henry Elphingston of Calderhall _____ Ramsay of Whythill Thomas Craig of Rickertoun William Murray of Long-harmistoun Alexander Calderwood in Dalkeith the eldest Baily of Musleburgh for the time being For the Town of Edinburgh the Magistrates and Council for the time being Haddingtoun For the Sheriffdom of Haddingtoun and Burghs within the same William Earl of Roxburgh John Earl of Haddingtoun John Earl of Tweddal Alexander Viscount of Kingstoun John Lord Belhaven Sir Robert Dowglas of Blaikerstoun _____ Hepburn of Wauchtoun _____ Ruthven of Dunglass Sir Peter Wedderburne of Gosfurd Frances Kinloch of Gilmertoun Mr. Alexander Hay of Baro Mr. John Hay of Aberlady Mr. Cornelius Inglis of East-barnes James Lawder Baily in Dunbar William Seatoun Provost of Haddingtoun Sir James Hay of Lindplumb Sir Robert Hepburn of Keith George Cockburn Tutor of Ormestoun Sir Thomas Hamiltoun of Prestoun Sir Alexander Morison of Preston-grange John Seatoun of Saintgermans Sir James Durham of Luffness George Hoom of Foord _____ Leadingtoun of Saltcoats _____ Hepburn of Smeitoun _____ Baily of North-Berwick Alexander Cockburn Linlithgow For the Sheriffdom of Linlithgow and Burghs within the same William Duke of Hamiltoun George Earl of Linlithgow Walter Lord Torphichan Sir Archibald Stirling of Carden Thomas Drummond of Rickertoun Sir James Stewart of Kirkhil Mr. Archibald Campbel of Kinpount Mr. John Fairholm of Craigiehall William Sharp of Houstoun Robert Hamiltoun of Dechmond Sir Robert Drummond of Meidhop George Drummond of Carloury James Dundas of Mortoun Mr. John Stewart of Ketlestoun Mr. Thomas Hamiltoun of Parklie Mr. John Hay of Woodcockdeal Mr. Andrew Keir in Borroustonness Mr. James Hamiltoun of Westport Thomas Hamiltoun of Bathgate Patrick Murray of Levingstoun Mr. William Sandilands of Hilderstoun Alexander Levingstoun of Craigingall such of the Magistrates of Linlithgow for the time being as are not Brewers Archibald Wilson in Queensferry Pearth For the Sheriffdom of Pearth and Burghs within the same James Marquess of Montrose John Earl of Athol James Earl of Tulibardin Patrick Earl of Kinghorn David Viscount of Stormont James Lord Drummond James Lord Couper David Lord Lour David Lord Madertie Thomas Lord Ruthven James Lord Rollo Patrick Mr. of Gray Mungo Murray of Gairth Sir John Drummond of Burn-bank Sir John Moncrief of that ilk John Campbel of Glenurquhay Sir John Chisholm of Cromlicks Sir James Drummond of Machany Sir Thomas Stewart of Gairntullie Sir William Stewart of Innereytie Sir George Prestoun of Valefield Sir Robert Nairn of Strathourd Sir William Graham of Braco Sir James Merser of Adie Sir Gilbert Stewart of Pilcaik Robert Murray of Abercairny Alexander Meinzies of that ilk Thomas Meinzies of Inchaiffray Patrick Graham of Inchbraikie Mr. John Nairn of Muckersie Robert Meinzies of Glassie Robert Buchannan of that ilk Mr. David Kinloch of Bandoch Henry Stirling of Ardoch John Kinloch of Gourdie George Hay of Kirkland George Hay of Balhousie Lawrence Oliphant of Bacheltoun William Murray fiar of Ochtertyre Patrick Raitray of Craighall John Campbel of Fordie William Blair of Kinfains Robert Murray of Buchantie William Ogilvie of Mury David Drummond of Innermey Henry Murray of Lochlene Andrew Tosheoch of Monivaird George Graham of Monzy Patrick Stewart of Ballenhane Mungo Graham of Gorthy Robert Campbel of Glenlyon Alexander Robertson of Strowan Alexander Stewart of Fosse John Nairn of Seggiedene John Blair of Edblair John Stewart of Sheirglass Alexander Robertson of Lud John Henderson of Brabster Duncan Robertson of Auchleikis John Stewart of Belnakeilie Andrew Small of Dirninean Alexander Robertson of Douney James Ogilvie of Muretoun Peter Hay of Leyes younger Patrick Hay of Pitfour younger Donald Robertson of Belnacraig _____ Spalding of Askintullie Mr. John Patterson of Benchellis William Prestoun of Valefield younger Mr. Hugh Moncrief of Tibbermalloch Sir David Carmichael of Balmedie Hugh Mitchel of Kinkarrochie John Robertson of Fornocht Mr. John Drummond of Lenoch James Gourlay in Culross the Provost Baylies Dean of Gild and Treasurer of Pearth for the time being the Baylies of Culross for the time Gilbert Campbel of Keathick John Graham of Balgown Sir Lawrence Oliphant of Gask George Campbel of Crunane Gilbert Ramsay of Bamff William Murray of Keillor Mitchel Balfour of Pirmaden _____ Campbel of Glenampil James Gray of Balligerny Thomas Turnbull of Bogemilne William Kinmont of Hill Alexander Lindsey of Evelick George Murray of Tibbermure Mr. Alexander Malloch of Cairnies William Moncrief of Kintullo Mr. John Moncrief of Culfargie John Moncrief of Easter-Moncrief Sir William Auchinleck of Balmano William Bruce of Fingask Robert Graham of Cairny Patrick Butter of Gormak Sir Alexander Blair of Balthiack Roxburgh For the Sheriffdom of Roxburgh and Burghs within the same William Earl of Roxburgh John Earl of Haddingtoun _____ Earl of Lothian _____ Lord Cranstoun Sir Archibald Dowglass of Cavers Sir Gilbert Elliot of Stobs Sir William Scot of Harden Sir Gidcon Scot of Haychester Sir Thomas Ker of Cavers Robert Ker of Gaitshaw Robert Ker of Crailinhall Henry Mackdowgal of Mackcairstoun John Rutherfoord of Edgerstoun Mr. Gilbert Elliot of Craigend Patrick Scot of Thirlestain John Ker of Elishuch James Linlithgow of Drygrange William Ker of Sunderlandhall Henry Ker of Lintoun John Turnbul of Minto Robert Pringle of Stitchel John Scot of
Gorrenberry Robert Ker of Graden Robert Scot of Harwood Robert Pringle of Cliftoun Mr. John Scot of Langshaw Alexander Done of Newtoun Gavin Elliot of Grange Andrew Ker of Littledain and Patrick Done John Rutherfood Provost of Jedburgh and John Rutherfoord Baily Selkirk For the Sheriffdom of Selkirk and Burghs within the same John Murray of Philliphauch Thomas Scot of Whitslaid Sir Thomas Ker of Fairnely the Laird of Whitebank elder John Riddel of Haining William Scot of Sintoun William Scot of Hartwood-myres William Scot of Tushelaw John Murray of Eschesteil John Scot of Woll Patrick Murray of Helmburne Thomas Scot of Todrig John Scot of Langhop Andrew Scot of Bowhill Mr. John Angus and Robert Elliot in Selkirk Lanerick For the Sheriffdom of Lanerick and Burghs within the same William Duke of Hamiltoun _____ Earl of Carnwath _____ Lord Fleming Sir James Lockhart of Lee Sir William BailÈie of Lamingtoun Sir Robert Hamiltoun of Silvertounhill William Lindsey of Covingtoun Sir Thomas Hamiltoun of Prestoun Sir James Murehead of Lachop Sir William Weir of Stane-byres Sir James Hamiltoun of Orbestoun Gavin Hamiltoun of Raploch James Hamiltoun of DalÈel Sir Walter Stewart of Allentoun Alexander Hamiltoun of Haggs John Ballentyne of Corehouse Sir James Carmichael of Bonnietoun James Hamiltoun of Woodhall Thomas Stewart of Cultness James Stewart of Turrens William Inglis of Eastsheil Alexander MeinÈies of Culterawes John Roberton of Earnock Mr. Archibald Fleming of Fairne Mr. ARchibald Roberton of Bedlay Claud BailÈie of Baigbie William Lindsay of Belstain Robert Chancelor of Sheilhill William BailÈie of Littlegil James Murehead of Bradysholme John Weir of Clouburn James Cleland of that ilk Samuel Lockhart of _____ Mr. John Hamiltoun of Grene Walter Lockhart of Kirktoun James Hamiltoun Commissar of Lanerick Mr. Henry Scot of Mosfennane and James Threipland of _____ two of the Magistrates of Lanerick for the time being and two of the Magistrates of Rutherglen for the time being For the Town of Glasgow which is excepted out of the Sheriffdom of Lanerick the Magistrates and Council for the time being Drumfries For the Sheriffdom of Drumfries and Burghs within the same Robert Earl of Nithisdail James Earl of Queensberry Gavin Earl of Carnwath James Earl of Annandail William Lord Drumlangrig Robert Fergusson of Craigdonnoch James Hunter of Ballagen Sir Robert Murray of Glenmure Robert DalÈel younger of Glenie James Crightoun of St. Leonards Robert Maxwel of Cairnselloch Gilbert Richart of Barskinning William Dowglas of Mortoun James Johnstoun of Corcheid younger Sir James Johnstoun of Westerhall John Irwing Provost of Drumfries James Greir Tutor of Lag Ambrose Johnstoun of Podein John Scot of Newburgh Christopher Johnstoun of Burnegleif Hugh Sinclair of Inglestoun Air. For the Sheriffdom of Air and Burghs within the same William Earl of Glencairn Lord High Chancellor of Scotland Hugh Earl of Eglintoun John Earl of Lowdoun William Earl of Drumfries James Lord Kilmares Alexander Lord Montgomery John Lord Machline _____ Lord Creightoun Allan Lord Cathcart William Lord Boyd John Lord Bargenie William Lord Cochrane William Master of Cochrane Sir Robert Montgomery of Skelmorlie Baronet Sir David Cunningham of Robertland Baronet John Blair of that ilk Sir William Moor of Rowaland Robert Montgomery of Hessilheid James Dunlop of that ilk David Montgomery of Langshaw Robert Ker younger of Kersland John Cunningham of Bedland David Boyl of Kelburne John Montfod of that ilk Sir Hugh Campbel of Cesnock Sir James Dalrimple of Stair John Chambers of Gaitgirth John Cochran of Ochiltry David Boswel of Auchinleck James Crightoun of St. Leonards David Blair of Adamtoun James Crightoun of Castlemains Gilbert Ritchie of Barskimine _____ Cunningham of Privick VVilliam Campbel of Glaisnock _____ Kennedie of Culen _____ Mure of Achindrain _____ Kennedie of Kirkmichael Thomas Kennedie of Balterssan _____ Boyd of Trochreg James Crawford of Ardmillon and _____ Kennedie of Cragoch the Provost and Baylies of Air for the time being and the Provost and two first Baylies of Irwin for the time being Dunbartoun For the Sheriffdom of Dunbartoun and Burghs within the same _____ Lord Fleming Sir John Colquhoun of Luss John Naper of Kilmahew Robert Hamiltoun of Barnes Sir Humphrey Colquhoun of Balvey VVilliam Bontin of Ardoch John Semple younger of Fulwood Aulay Mackaulay fiar of Ardincapill Archibald Stewart of Scottistoun James Fleming of Oxgang Mr. James Fleming of Baloche Major George Noble VValter VVatson John Cunningham Robert VVatson and John Smollat Burgesses of Dunbartoun Argyle For the Sheriffdom of Argyle and Burghs within the same the Laird of Glenurquhay Sir Dougal Campbel of Auchinbreck Donald Campbel of Barbreck Sir James Lawmont of Inneryne Alexander Macknachtan of Dunderave Archibald Campbel of Kilmun Sir Hugh Campbel of Caddel Iohn Mackdowgal of Dunolichie Colein Campbel of Lochnazel Duncan Stewart of Apyne Murdoch Macklean of Lochbowie Hector Macklean of Corloisk Archibald Campbel of Glencarradel _____ Mackdonnal of Largy Hector Mackaleister of Loup Colein Maclauchlan Captain of Inshconnel Archibald Campbel Factor of Ila Dougal Campbel of Bail Duncan Campbel Baily of Kintyre the Provost and Baylies of Inverary for the time being and George Campbel Fife and Kinross For the Sheriffdoms of Fife and Kinross and Burghs within the same John Earl of Crawford Lindsey Lord high Treasurer John Earl of Rothes President of the Council _____ Earl of Kelly _____ Earl of VVeymes _____ Viscount of Stormont _____ Lord Balgony _____ Lord Sinclair _____ Lord Burghly _____ Lord Melvil VVilliam Scot of Ardross Sir Philip Anstruther of that ilk Sir Thomas Gourlay of Kincraig Sir David Auchmouty of that ilk Sir John VVeymes of Bogic Mr. Alexander Mertein of Strainery Sir Alexander Gibson of Dury Patrick Lindsey of VVormestoun Sir John Lesly of Newtoun _____ Young of Kirtoun Sir Henry VVardlaw of Pitrevy Sir James Hacket of Pitfirrin _____ Arnot of Fairny Mr. David Balfour of _____ Andrew Murray of Pitlochie Sir Andrew Ramsay of Abbotshall VVilliam Pitcairn of Forfar _____ Lindsey of Dowhill Alexander Bruce Brother to the Earl of Kincairn _____ Lindsey of Mouth Iohn Ramsay of Brackmont _____ Lindsey of Kirkforfar James Clerk of Pettincrief Alexander Bruce of Broomhall Andrew Carstairs Burgess of St. Andrews VVilliam Simson Burgess of Disert John VVilliamson Burgess of Kirkaldy George Turnbull Burgess of Couper Alexander Black Burgess of Anstruther Easter Peter Oliphant Burgess of Anstruther VVester James Moncrief Burgess of Crail David Seatoun Burgess of Bruntisland Thomas Thomson Burgess of Innerkeithen Robert Cunningham Burgess of Kinghorn Peter Walker Burgess of Dumfermling Thomas Peacock Burgess of Kilreny and Walter Airth Burgess of Pettenweyme VVigtoun For the Sheriffdom of Wigtoun and Burghs within the same Iames Earl of Galloway Alexander Lord Garlies Andrew Agnew appearand of Lochnau Thomas Dunbar of Mochrum Patrick Mackdowald of Logan William Stewart of Castilstewart Uchtrick Mackdoual of Freuch William Gordoun of Craichlaw Sir Iames Dalrimple of Stair David Dumbar of Baldon Alexander Macculloch of Ardval Iohn Murray of Brughtoun Iohn Howstoun of Drummastoun
Johnstoun John Maxwel of Blackestoun Archibald Stewart of Scotistoun John and James Maxwels elder and younger of Southbarn James Brisbane of Serviland Matthew Brisbane of Rosland Sir Adam Blair of Lochwood Andrew Sempil in Renfrew Robert Pollock of Milnburn the Baylies of Paislie for the time being and James Dunlop of Howsil Aberdeen For the Sheriffdom of Aberdeen and Burghs within the same Colonel George Keith of Aden Alexander Frazer elder of Philorth Sir John Gordoun of Haddoe Sir John Forbes of Watertoun Sir John Keith Knight Marshal Sir James Baird of Achmedden Robert Irwing of Fedderet George Gordoun of Coclarachie John Gordoun of Blelack Alexander Fraser younger of Philorth Alexander Keith younger of Ludquhairn John Udnie of that ilk Major George Keith of Knock Alexander Bannerman of Elsick _____ Bannerman his son John Gordoun of Fechil Lieutenant Colonel Forbes of Fouls John Seatoun of Thorntoun Alexander Straquhan younger of Glenkinidie Frances Frazer of Kinmundie _____ Erskin of Pittodrick Alexander Erskin of Rothnie Alexander Lumsdaine of Carnday Colonel John Fulertoun of Dudwick John Meldrum of Hattoun and John Gordoun of Auchleuchries the Provost Baylies Treasurer and Dean of Gild of Aberdeen for the time being the Provost and two Baylies of Kintore for the time being John Johnstoun Baily of Inverurie and William Ferguson younger Burgess there Ross For the Sheriffdom of Ross and Burghs within the same Kenneth Earl of Seafort Sir George MackenÈie of Tarbit David Ross of Belnagonie John Monro younger of Foulis David Ross of Pitcalnie William Ross of Grunord Walter Innes of Innerbrekie Hector Dowglas of Muldarg Hector MackenÈie of Assint Mr. Thomas MackenÈie of Inerlael Sir VVilliam Sinclair of May VVilliam Sinclair of Dunbeath Sir George Monro of Culkairn and James Hay Burgess of Tain Kincardin For the Sheriffdom of Kincardin and Burghs within the same William Earl of Marshal John Earl of Middletoun Robert Viscount of Arbuthnet Alexander Lord Halkertoun and in his absence Alexander Master of Halkertoun Alexander Straton of that ilk Sir John Keith Alexander Bannerman of Elsick and _____ Bannerman his son David Ramsay younger of Balmayn Sir James Straquhan of Thorntoun Sir Robert Graham of Morphie Sir Alexander Burnet of Leyes Sir Frances Ogilvie younger of Newgrange John Barklay of Johnstoun Colonel Henry Barklay of Knox Arthur Stratoun of Snadoun _____ Falconer of Glenforquhar Robert Keith of Whitriggs William Rait younger of Halgrein Andrew Wood of Babignie _____ Allerdes of Allerdes Sir James Ramsay of Benholme Sir Alexander Carnagie of Pittaro Andrew Arbuthnet of Fiddes Mr. William Ramsay of Woodstoun Caithness For the Sheriffdom of Caithness and Burghs within the same _____ Earl of Caithness Sir William Sinclair of Mey William Sinclair of Ratter VVilliam Sinclair of Dumbeath John Sinclair of Brims _____ Murray of Pennieland David Murray of Clairden Robert Monro of Borlome Alexander Sinclair of Telsten David Sinclair of Dune Mr. James Innes of Sandsaid James Sinclair of Assere Frances Sinclair of Stirkaike Walter Innes of Ortoun Orkney and Zetland For the Sheriffdoms of Orkney and Zetland and Burghs within the same _____ Earl of Mortoun Colonel John Stewart of Newwark James Stewart of Gramsay Hugh Halcu of that ilk Robert Stewart of Burgh Mr. Patrick Graham _____ James Batkie of Tankerness Patrick Monteith of Egilshaw Hugh Craigie of Gairsey Patrick Blair of Little-Blair Archibald Stewart of Burrough George Smith of Rapness John Sinclair of Quandail James Sinclair of Skalloway Andrew Bruce of Munis William Bruce of Soundburgh Mr. James Mouat _____ Gilbert Nivin _____ Chein of Eslemont and Robert Hunter Factor for the Earl of Mortoun Forfar For the Sheriffdom of Forfar and Burghs within the same Dundee excepted James Earl of Buchan Patrick Earl of Kinghorn James Earl of Southesk _____ Earl of Airlie John Earl of Dundee Robert Viscount of Arbuthnet James Lord Ogilvy George Lord Brichan David Lord Lour James Lord Couper Sir David Ogilvie son to the Earl of Airlie Sir James Ogilvie of Newgrange John Ogilvie of Balfour Sir John Carnagie of Boysack Sir Alexander Erskin of Dun John Lindsey of Edgle John Wood of Bonnytoun John Graham younger of Fentry David Fothringham of Pourie John Garden of Latoun David Erskin of Carboddo William Fullertoun of that ilk Mr. Robert Hay of Dronlaw John Ogilvie of Pettenves Sir John Carnegie of Boniemune James Scot of Logie Peter Young of Seatoun Walter Graham of Duntroun James Durham younger of Omachie Patrick Lyon of Bridgtoun William Lyon of Eastergill Henry Mauld of Melgum William Gray of Innerichtie John Fothringham of Dunun John Ogilvie of Peil Patrick Wentoun of Strickmartine James Crightoun of Ruthven David Neavoy of that ilk John Scrimger of Kirktoun John Hunter of Balgay Sir Alexander Wedderburn of Blackness Mr. Patrick Yeaman of Dryburgh Mr. James Kid of Craigie Peter Lyon of Cossans Peter Blair of Dunkeny David Carnegie of Craig and Robert Arbuthnet of Fyndourie two of the Magistrates of Forfar Breichen Montrose and Aberbrothick for the time being For the Town of Dundee comprehending as said is the Magistrates and Council for the time being Berwick For the Sheriffdom of Berwick and Burghs within the same Sir Archibald Cockburn of Langtoun James Hoppringle of that ilk John Home of Blaccader Sir James Home of Eccles Sir Robert Dowglas of Blaikerstoun John Home of Prandergaist George Ramsay of Idingtoun Mr. Robert Sinclair of Longformacus George Home of Kaimbes Robert Home of Kimerghame Archibald Dowglas of Lumsdaine John Ker of Westnisbit Patrick Boge of Burnhouses Alexander Home of Linthil Robert Home of Bogend Mr. John Home of Bellita Mr. Thomas Ridpeth of Fulfardlies and the two Baylies of Lawder for the time being Nairn For the Sheriffdom of Nairn and Burghs within the same Sir Hugh Campbel of Caddel John Grant of Moynes John Hay of Lochlow Hugh Ross of Kilravock Thomas Dunbar of Grange Alexander Campbel of Urchney Alexander Dunbar of Booth John Sutherland of Kinstairie Hugh Hay of Brichmony Colin Campbel of Delneyes John Ross of Braidley Hugh Ross younger of Clava two of the Magistrates of the Burgh of Nairn for the time being With power to the saids Commissioners or major part of them to take trial of what Malt is brewed and sold within their respective divisions and to order the collecting and raising of the Excise thereof at two merks upon the Boll and to raise the remainder of the proportion imposed upon each respective Shire and Burgh which shall not arise by paiment of the foresaid two merks upon the Boll of Malt and of the rates imposed upon the other particulars above mentioned brewed and sold or imported as said is from the respective Shires and Burghs in lew of the Malt brewed in their own houses and that according to the rule of the valuations as the same were apportionat before August last As also with power to the saids Commissioners to meet and conveen at such times and places as they shall think fit and to choose their own Conveeners
them of the prices of the saids Few-fermes and Duties modified by the Lords and others of the Commission for Surrenders and Teinds And sicklike the Fewers and Vassals of the saids Kirk-lands and Erections are oblieged by their new Infeftments under the great Seal to pay the saids Few-fermes and Duties to the Kings Majesty and His Successors and so against reason may appear to be lyable to double payment thereof It is therefore Statute and Ordained by His Majesty with consent foresaid That the saids Fewers and Vassals of Kirk-lands and Erections their Heirs and Successors shall be oblieged to make thankfull payment of the saids Few-fermes and Duties contained in their Infeftments and whereof the said Superiors and Titulars have been in possession preceeding that Surrender foresaid to the saids Superiors and Titulars their Heirs and Successors ay and while they get paiment of the prices modified by the saids Lords and others of the Commission foresaid according to the Act of Parliament one thousand six hundred and thirty three years And that Letters of Horning and Poynding shall be granted to that effect without prejudice alwayes to His Majesty and His Successors of the superiority of the saids Fewars and Vassals surrendred in manner foresaid and without prejudice to them of their Infeftments taken to be holden of His Majesty and His Successors Likeas it is Declared That the saids Fewers and Vassals of Kirk-lands and Erections have been in bona fide in paiment of the saids Few-fermes and Duties to the said Superiors and Titulars of all times bygone according to the provisions contained in the said general Surrender It is alwayes provided that this Act shall not be prejudicial to an Act past by this Parliament in favours of the Earl of Lauderdail of the Lordship of Musleburgh of the date the ninth day of April last XXXI Act concerning the Registration of Comprisings OUr Soveraign Lord with consent of the Estates of Parliament considering that the Registration of Comprisings was only established by an Act of Secret Council and never authorized by any Law or Act of Parliament and that the Registration thereof did put the Lieges to unnecessar charges neither adding to the validity of the Comprisings nor to the benefit of the Comprisers Hath therefore discharged and by these presents discharges all Registration of Comprisings with all Gifts Acts of Council and other Warrands and Custome whatsomever granted and observed at any time heretofore thereanent and by their presents Ratifies and Approves the Custome observed these many years past whereby in place of the said Registration a short Record of all Comprisings of Lands Teinds and others and of the Comprisers names and designations the Defenders names the Debts for which the Comprising is deduced the Messengers and Clerks names the date of the Executions the Witnesses names thereto and of the Superiors of whom the comprised Lands are holden hath been made in a Book by the Clerk of Register and his Deputs at the allowing of the saids Comprisings for which Allowance and Recording there is only fourty shillings Scots to be paid and which Custome is very usefull and necessar for information of the Lieges And therefore His Majesty with advice and consent foresaid Ratifies and Approves the foresaid Custome and Ordains all Comprisings formerly deduced and not allowed and recorded in manner above-written to be brought in to the Clerk of Register and his Deputs within threescore dayes after the publication hereof and all Comprisings to be led and deduced hereafter to be brought in to the said Clerk of Register and his Deputs within threescore dayes after the date thereof With certification that if they be not allowed and recorded within the said space any other Comprising though posterior in date yet if it be allowed and recorded before the prior Comprising the same shall have preference according to the date of the Allowance and Record but prejudice alwayes to any further diligence by Infeftments or charges against the Superior according to the priority or posteriority thereof pro ut de jure XXXII Act concerning Heritable and Moveable Bonds OUr Soveraign Lord with advice and consent of His Estates of Parliament for many just and reasonable causes moving Him Statutes and Ordains That all Contracts and Obligations for Sums of money payable to Parties at any time made and dated since the sixteenth day of November one thousand six hundred and fourty one or to be made in time coming containing clauses for paiment of Annualrent and Profit are and shall be holden and interpret to be Moveable Bonds except in these cases following viz. That they bear an expresse obliegment to infeft or that they be conceived in favours of Heirs and Assignes secluding Executors in either of which cases Ordains the Sums to be Heritable and to pertain to the Heir otherwayes to be confirmed by the Executor and to appertain to the nearest of Kin and to the Defuncts Executors and Legators according to the Law and practict of Moveables Declaring alwayes that all such Bonds quoad fiscum shall remain in the same condition as they were before the said sixteenth of November one thousand six hundred and fourty one not to fall under the compasse of single Escheat nor shall any part thereof pertain to the Relict jure relictae where the Bonds are made to the Husband nor to the Husband jure mariti where the Bonds are made to the Wife unless the Relict or Husband have otherwayes right and interest thereto Declaring neverthelesse that this provision shall no wayes prejudge Wife nor Husband and their Executors of their respective Titles and Interests to the by-gone Annualrents of the saids Bands resting before either of their deaths XXXIII Act for the right Packing of Salmond OUr Soveraign Lord and Estates of Parliament understanding that the Salmond-fishings are one of the principal benefits whereby Trade is maintained and Money brought into the Kingdom And that through the evil ordering thereof both in the insufficiency of the Barrels and also in the disloyal packing of the same not only is the Merchants estate damnified thereby but also the Nation is dishonoured abroad and disappointed of what should return thereby Therefore Our said Soveraign Lord with advice and consent of the saids Estates Ratifies and Approves all and sundry Acts of Parliament Laws and Constitutions of this Realm made anent Salmond-fishing and the sufficiency of the Barrels and loyal packing thereof with this addition That the whole Coupers within this Kingdom make the said Salmond Barrels of good and sufficient new Knappel for which they shall be answerable without Worm-holes and White-wood and of sufficient tightnesse for containing the pickle and sufficient tightnesse for enduring all kinde of stresse in the handling and that the Barrels contain no lesse then ten gallons of the Stirling pint conform to an Act of His Majesties Council of the date at Halyrood-house the fifteenth day of July one thousand six hundred and nineteen years which His Majesty with
coming for such use and intent of the like nature as the saids Justices shall appoint All Magistrates of Burghs and keepers of any Goals or Prisons shall receive into their Prisons all such persons as either shall be brought by Constables or sent unto them by Warrands under the hand of any one Justice of Peace the saids Justices causing satisfie for their entertainment and if any Magistrates or their Jaylors suffer any persons committed by the Justices to their Prisons to escape they shall be condignly punished therefore at the discretion of His Majesties Council Item Our Soveraign Lord with advice foresaid Ordains the saids Commissioners to set a price upon Crafts-mens work and upon the Ordinars of Penny-Bridals together with the price of Shearers Fees and to punish the Contraveeners as appertaineth They shall cause sufficient single and double Ale to be brewed in every Shire and shall appoint Visitors to that effect with consent of the Barron and Over-lord of the ground They shall set down Acts against notorious and common Drunkards and impose sums upon the Contraveeners according to their qualities and deserts Our Soveraign Lord with advice foresaid Declareth That Three Justices of Peace shall be a full number and Session to decide in matters occurring betwixt the four Quarter Sessions Also Declares that no Letters of Caption ought to be granted against the saids Justices for apprehending of Rebels except they be found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charges doth belong And because there is sensible prejudice seen and felt through many parts of the Kingdom by reason of diversity of Measures and Weights used in the same Therefore Our Soveraign Lord with advice foresaid for removing of all abuses which may ensue in any time to come thereby Hath found expedient and by this Decreet and Statute of Parliament Decerns Statutes and Ordains That there shall be but one just Measure and Weight through all the parts of the Kingdom which shall universally serve all His Highnesse Lieges by the which they shall sell and buy and receive and give out in all times to come which Measure His Majesty with advice foresaid finds should be that Measure of Linlithgow which is now commonly used and which hath been used most customably through the greatest parts of this Kingdom these many years by-past And for setling a perfit Order whereby all the Measures that are now used may be reduced to the conformity of the saids Measures now authorized and for making of proportion answerable betwixt the lesser Measure and Weights and the greatest His Majesty with advice foresaid hath granted full power and Commission to Alexander Frazer of Phillorth Sir Gilbert Ramsay of Balmayn William Scot of Ardross John Murray of Touchadam Sir Robert Hepburn of Keith James Creightoun of Saint Leonards Sir Andrew Ramsay Sir Robert Murray Sir Alexander Wedderburn John Bell William Cunningham Andrew Glen Sir William Thomson Whom or any seven of them His Majesty with advice foresaid Ordains to meet and conveen together at such time and place as they shall think expedient and to consult and advise together and to appoint and determine upon the most convenient means how the said Measures and Weights may be reduced to the conformity foresaid and after they have ripely advised therewith and given forth their determination thereanent they shall deliver the same and whole course of their proccedings in the said matter to the Commissioners and Justices of Peace and to the Deans of Gild of the Head Burghs of the Shires who shall be holden carefully to do their diligence to see the Measure foresaid now appointed to have course through all parts as well Burgh as Landwart And that there may be one constant conformity in Head Burgh and Land Our Soveraign Lord with advice and consent foresaid Ordains that the saids Justices of Peace in Landwart take tryal of the Measures and Weights used in Burgh and to take a Note from the Magistrates and Deans of Gild of every Town of the Weights and Measures and of the number thereof which the saids Magistrates and Deans of Gild in Burgh shall be holden to shew declare and give up to them to the effect the saids Justices to Landwart may confer the same with the Standard now authorized and where they find any disconformity in the same from the said Standard the saids Justices shall inform the Kings Majesties Council thereof that they may take order therewith as appertaineth For it is expresly provided by these presents that the saids Magistrates in Burgh shall not be permitted to have or use moe Measures within Towns then the number to be professed by them and given up in Writ to the saids Justices to Landwart as said is this alwayes being respected That if the saids Magistrates within Burgh find any necessity for having any moe Measures then was given up and used by them before it shall be licenced to them to make moe Measures they being answerable and conform to the Standard and making the saids Justices to Landwart foreseen and acquaint therewith and declaring the number of the Measures whereof they find the necessity of use The saids Justices shall be holden to give command and direction to their Constables to apprehend any such person who shall be found contemptuously to have disobeyed the Censures of the Church they being lawfully required to do the same The saids Justices of Peace as well to Burgh as Land shall conveen and be present at the Quarter Sessions of the Shire where the Burgh and Land lyeth give their Oath to the Bench at their admission make their Record and make paiment of the Fines intrometted with by them as Justices of Peace of that Shire to their Collector They shall appoint a sufficient Collector for uplifting the Fines and Penalties which they have power to impose upon an Offender and are to take Caution of him for making due accompt They shall have during the time of Sessions for every day of their abode so it do not exceed the number of three dayes at the most at one time allowed to every one of them fourty shillings Scots money daily to be paid and uplifted by the Collector of the Fines but neither Earl Lord Bishop Privy Councellor or Sessioner shall have any allowance and all such Justices as have the benefit of that allowance and shall be absent from every ordinary Quarter Sessions or otherwayes when he is required lawfully by the Custos Rotulorum to any particular Meeting shall incur the penalty of fourty pounds Scots money not being lawfully excused and the excuse allowed by the rest of the Justices there assembled The Lords of Session shall direct general and summar Charges of Horning and Poynding at the instance of the Collector appointed in every Countrey for ingathering all Fines and Penalties whatsoever incurred upon a simple Charge of fifteen dayes and no Suspension shall be
enjoy their Lands in all time thereafter free of any such burthen of Marriage Providing alwayes Likeas it is hereby Provided and Declared that if the foresaids Vassals whose holding shall be changed as said is and who shall compone for the renunciation of the Marriage contained in their Few-infeftments or their Heirs or Successors in the saids Lands which once held Ward or Few cum maritagio shall alienate and dispone the saids Lands to any other persons then and in that case the Aliener or His Heirs shall no longer have the benefit of this present Act but that notwithstanding of this present Act if they hold Lands Ward of any other Superior that their Superior shall enjoy all the benefit of his Superiority as if this present Act had never been made And such-like for the greater furtherance of His Majesties Lieges in the way of the changing of the tenours of the said Ward-holdings or renuncing of the Marriage contained in their saids Few-infeftments Our Soveraign Lord with advice and consent foresaid Ordains Signaturs to be past to the Lieges by the Exchequer on the recommendation of the saids Commissioners of the Ward-lands in their favours upon the Lieges their Resignation for new Infeftments to be granted to them bearing the new manner of Few-holding or bearing the renunciation of the said Marriage contained in their old Few-infeftments as shall be Ordained by the saids Commissoners of the Ward-lands LIX Act anent the Exchequer THe Kings Majesty considering that some doubts and debates may arise concerning the meaning of the eighteenth Act of the Parliament holden by His Majesties Royal Father of blessed memory in the year one thousand six hundred and thirty three Anent the deciding and judging in Causes concerning His Majesties Property Doth for explanation thereof with advice and consent of His Estates of Parliament Find Declare Statute and Ordain that the validity and invalidity of Infeftments of His Majesties Property or of any other Infeftments may not be discussed nor decided in Exchequer neither by way of Exception Action nor Reply but that the discussing and decision thereof is only proper to the Lords of Session Reserving alwayes to the Exchequer to judge in all other businesses concerning His Majesties Rents and Casualities as they might have done before the year one thousand six hundred and thirty three LX. Act concerning Docqueting of Signaturs THe Kings Majesty with advice and consent of His Estates of Parliament Doth Ratifie and Renew the twentieth Act of the tenth Parliament of King James the sixth of blessed memory and accordingly Statutes and Ordains That no Signaturs Writs Letters or Warrands shall be presented to be signed by His Majesty but by His ordinary Officers to whose charge the same properly belongs And that His Majesty may the better know what passeth under His Hand and upon what grounds he signs the same It is appointed That any of His Majesties Officers who shall present any Signature Writ Letter or Warrand to be signed by His Majesty shall cause Registrate the Docquet of the same in a Register and then send the just double thereof under their hands to His Majesties Secretary who is to give His Majesty timous notice of any prior Deed differing or contrary to the same that His Majesty may give His further Orders concerning the same LXI Commission for Plantation of Kirks and Valuation of Teinds OUr Soveraign Lord considering the great care His Royall Father and Grand-father of ever blessed memory had at all times of the Reformed Religion within this Kingdom and of the Maintenance and Provision of the Ministry and Churches thereof Concerning which and for the publick good of the Nation His Majesties Royall Father did emit a Declaration immediatly after His succession to the Crown and concerning diverse other particulars relating to Teinds and Superiorities of Kirk-lands in order whereunto diverse Acts and Ordinances of Parliament and of Commissions were from time to time made during the Reign of His ever Glorious Father And yet by the unhappy Troubles of the time His Royall purpose hath not got a finall accomplishment so that diverse Churches are as yet unprovided with sufficient Maintenance many Teinds unvalued and diverse other particulars are as yet unperfected And His Majesty being desirous to prosecute this good Work for the universall good of the People and namely for the incouragement of the Ministers of the Gospel His Majesty with advice and consent of the Estates of Parliament Doth Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royall Father in Anno one thousand six hundred and thirty three Intituled Commission for Valuation of Teinds c. in the whole Heads Clauses and Contents thereof except in so far as there hath been any derogation made thereto by Acts and Commissions made and granted by His Majesty since the date of the said Act or granted by pretended Parliaments since and which are Ratified or Salved or to be Reserved by this present Parliament And His Majesty with advice and consent foresaid Doth give full Power and Commission to the Persons aftermentioned viz. John Earl of Middletoun His Majesties Commissioner William Earl of Glencairn Lord High Chancellor John Earl of Craufurd and Lindsay Lord Thesaurer John Earl of Rothes President of His Majesties Privy Council William Duke of Hammiltoun James Marquess of Montrose John Earl of Lauderdail His Majesties Secretary William Earl of Marishall John Earl of Atholl George Earl of Linlithgow James Earl of Home James Earl of Tullibardin William Earl of Roxburgh John Earl of Haddingtoun James Earl of Annandale William Earl of Dumfries John Earl of Tweddal James Earl of Calendar John Earl of Dundee David Viscount of Stormount John Lord Sinclair David Lord Cardros John Lord Belhaven _____ Lord Halkertoun William Lord Cochran William Lord Bellenden Sir John Gilmor of Craigmiller President of the Session Sir Archibald Primerose of Chester Knight and Barronet Clerk of His Majesties Council Registers and Rolls Sir John Fletcher His Majesties Advocat Sir Robert Murray Justice Clerk Sir James Lockhart of Lee Sir George MackenÈie of Tarbet Sir James Foullis of Colingtoun Sir Archibald Stirline of Carden Sir James Dalrymple of Stair Sir John Scougal of Whitekirk Senators of the Colledge of Justice Alexander Bruce of Kincairn Sir John Urquhart of Cromartie Sir Robert Fletcher of Salton Sir Alexander Gibson of Durie Sir Robert Innes of that Ilk James Crighton of St. Leonards Sir George Kinnaird of Rossie Sir Gilbert Ramsay of Balmayn John Murray of Polmais William Scot of Ardrose Sir James Dundas of Arnestoun Sir John Foullis of Ravilstoun Richard Murray of Broughton Sir Robert Hepburn of Keith Mr. Robert Preston of that ilk Sir Andrew Ramsay Sir Robert Murray Sir Archibald Sydserf Sir William Thomson and John Miln Burgesses of Edinburgh Sir Alexander Wedderburn and Alexander Wedderburn of Dundee Mr. John Paterson of Perth John Bell of Glasgow William Cuningham of Air Andrew Glen of Linlithgow Duncan Nairn of Stirline
Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs
loss shame and dishonour to their native Countrey and have justly forfeited and favour they might have pretended to from His Majesties former concessions And forasmuch as now it hath pleased Almighty GOD by the power of His own right hand so miraculously to restore the Kings Majesty to the Government of His Kingdoms and to the exercise of His Royal Power and Soveraignty over the same The Estates of Parliament do conceive themselves oblieged in discharge of their duty and conscience to GOD and the Kings Majesty to imploy all their power and interest for vindicating His Majesties Authority from all these violent invasions that have been made upon it and so far as is possible to remove out of the way every thing that may retain any remembrance of these things which have been so injurious to His Majesty and His Authority so prejudicial and dishonourable to the Kingdom and destructive to all just and true interests within the same And considering that besides the unlawfulness of the publict Actings during these troubles most of the Acts in all and every of the Meetings of these pretended Parliaments do highly incroach upon and are destructive of that Soveraign Power Authority Prerogative and Right of Government which by the Law of GOD and the ancient Laws and Constitutions of this Kingdom doth reside in and belong unto the Kings Majesty and do reflect much upon the honour loyalty and reputation of this Kingdom or are expired and serve only as testimonion of dissloyalty and repraoch upon the Kingdom and are unfit to be any longer upon Record Therefore the Kings Majesty and Estates of Parliament do hereby Rescind and Annull the pretended Parliaments kept in the years one thousand six hundred and fourty one thousand six hundred and fourty one one thousand six hundred and fourty four one thousand six hundred and fourty five one thousand six hundred and fourty six one thousand six hundred and fourty seven and one thousand six hundred and fourty eight and all Acts and Deeds past and done in them and Declares the same to be henceforth void and null And His Majesty being unwilling to take any advantage of the failings of His Subjects during those unhappy times is resolved not to retain any remembrance thereof but that the same shall be held in everlasting oblivion and that all difference and animofities being forgotten His good Subjects may in a happy union under His Royal Government enjoy that happiness and peace which His Majesty intends and really wisheth unto them as unto Himself Doth therefore by advice and consent of His Estates of Parliament grant His full Assurance and Indempnity to all persons that acted in or by vertue of the said pretended Parliaments and other Meetings flowing from the same to be unquestioned in their Lives or Fortunes for any Deed or Deeds done by them in their said usurpation or by vertue of any pretended Authority derived therefrom excepting alwayes such as shall be excepted in a general Act of Indempnity to be past by His Majesty in this Parliament And it is hereby Declared That all Acts Rights and Securities past in any of the pretended Meetings above-written or by vertue thereof in favours of any particular persons for their civil and private interests shall stand good and valid unto them untill the same be taken into further consideration and be determined in this or the next Session of this Parliament XVI Act concerning Religion and Church Government OUr Soveraign Lord being truly sensible of the mercies of Almighty GOD towards Him in His preservation in the times of greatest trouble and danger and in His miraculous Restitution to His just Right and Government of His Kingdoms And being desirous to improve these Mercies to the glory of GOD and honour of His great Name Doth with advice and consent of His Estates of Parliament Declare That it is His full and firm resolution to maintain the true reformed Protestant Religion in it's purity of Doctrine and Worship as it was established within this Kingdom during the Reigns of His Royal Father and Grand-father of blessed memory And that His Majesty will be carefull to promote the power of Godlinesse to encourage the exercises of Religion both publict and private and to suppresse all prophanesse and disorderly walking And for that end will give all due countenance and protection to the Ministers of the Gospel they containing themselves within the Bounds and Limits of their Ministerial Calling and behaving themselves with that submission and obedience to His Majesties Authority and Commands that is suitable to the Allegiance and Duty of good Subjects And as to the Government of the Church His Majesty will make it His care to setle and secure the same in such a frame as shall be most agreeable to the word of GOD most suitable to Monarchicall Government and most complying with the publict peace and quiet of the Kingdom And in the mean time His Majesty with advice and consent foresaid Doth allow the present Administration by Sessions Presbyteries and Synods they keeping within bounds and behaving themselves as said is and that notwithstanding of the preceeding Act rescissory of all pretended Parliaments since the year one thousand six hundred and thirty eight XVII Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royal Government of His Kingdoms THe Estates of Parliament of the Kingdom of Scotland taking to their consideration the sad Condition Slavery and Bondage this ancient Kingdom hath groaned under during these twenty three years Troubles In which under the specious pretences of Reformation a publick Rebellion hath been by the treachery of some and mis-perswasion of others violently carried on against Sacred Authority to the ruine and destruction so far as was possible of Religion the Kings Majesty and His Royal Government the Laws Liberties and Property of the People and all the publick and private Interests of the Kingdom So that Religion it self which holds the right of Kings to be Sacred hath been prostitute for the warrand of all these treasonable invasions made upon the Royal Authority and disloyal limitations put upon the Alleagiance of the Subjects And hath it not also been pretended unto for the warrand of all those vile and bloody Murthers which in high contempt of Almighty GOD and of His Majesties Authority and Laws were under colour of Justice committed upon His Majesties good Subjects meerly for the discharge of their Duty to GOD and Loyalty to the King Hath not that Royal Government under whose Protection this Nation hath to the envy of the World been so famous for many ages been of late trode under foot and new Governments and Governours established and kept up without His Majesties Authority and against His expresse Commands Hath not Law which is the Birth-right and Inheritance of the Subject and the Security of their lives and fortunes been laid in the dust and new and unjust Edicts and Orders past and published for subjecting both life and fortune
and what else was dear unto any of His Majesties good Subjects to the Cruel and Ambitious Lusts of some usurping Rulers Hath not Religion and Loyalty been the only objects of their Rapine and Cruelty And hath not their new and arbitrary Exactions and Burdens upon the People exceeded in one moneth what ever had been formerly in many years paid to any of the Kings of this Kingdom And when the best of men and the most Excellent of the Kings of the earth had in an unusual way of confidence rendred His Person to the Trust and Loyalty of His Native Subjects was not the security of Religion pretended unto by some who then governed in Church and State for the ground of that base and never enough to be abhorred transaction in leaving such a Prince their Native and Dread Soveraign to the will of these who were in open Rebellion and for the time had their swords in their hands against Him And that when by these and many such like undutifull carriages the Kings Majesty was removed from His Kingdoms the foundations of this ancient and well constitute Government was overturned the Liberties and Property of the people inverted And this Kingdom exposed to be Captives and Slaves to Strangers and nothing left unto them but the sad meditation of their increasing miseries and the bitter remembrance of their by-past disloyalties Yet even then it pleased Almighty GOD to compassionat their low condition and by the power of His own Right-hand most miraculously to restore the Kings most Sacred Majesty to the Royal Government of His Kingdoms And thereby to redeem this Kingdom from its former Slavery and Bondage and to restore it to its ancient and just Priviledges and Freedom And the Kings Majesty acknowledging with all humility and thankfulness the Goodness Wisdom and Power of GOD in this Signal Act of His mercy to Him and His people Doth with advice and consent of His Estates of Parliament Statute and Ordain That in all time coming there be a Solemn yearly Commemoration of the same And for that end the twenty ninth day of May which day GOD Almighty hath specially honoured and rendred auspicious to this Kingdom both by His Majesties Royal Birth and by His blessed Restauration to His Government be for ever set a part as a Holy day unto the LORD and that in all the Churches of the Kingdom it be imploied in publick Prayers Preaching Thanksgiving and Praises to GOD for so transcendent Mercies And that all Trade Merchandize Work Handy-labour and other ordinary imploiments be forborn and the remaining part of the day spent in such lawfull divertisements as are suteable to so Solemn an occasion And it is hereby recommended to all Ministers of the Gospel and to all Sheriffs Justices of Peace and other publick Ministers in the several Counties and to all Magistrates within Burghs to be carefull that for this present year and in all time coming the twenty ninth day of May be accordingly kept and observed within their several Jurisdictions And for the speedier and more full intimation hereof to all His Majesties Subjects It is Appointed thir Presents be printed and published at all the Mercat Crosses of the Royal Burroughs XVIII Act for the due Observation of the Sabbath-day THe Kings Majesty considering how much it concerns the honour of GOD that the Sabbath-day be duly observed and all abuses thereof restrained And that notwithstanding of several Acts of Parliament made in that behalf particularly the third Act of the sixth Parliament of King James the sixth of blessed memory the said day hath been much prophaned by Salmond-fishing going of Salt-pans Milnes and Killes hiring of Shearers and using of Merchandize on that day and otherwayes Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves all former Acts of Parliament made for observation of the Sabbath-day and against the breakers thereof And by these presents Inhibits and Discharges all Salmond-fishing going of Salt-pans Milnes or Killes all hiring of Sheaters carrying of Loads keeping of Mercats or using any sorts of Merchandize on the said day and all other prophanation thereof whatsoever under the pains and penalties following viz. The sum of twenty pounds Scots for the going of ilk Salt-pan Miln or Kill on the said day to be paid by the Heritors and Postessors thereof and the sum of ten pounds for ilk Shearer and Fisher of Salmond on the said day the one halt thereof to be paid by the Hirers and Conducers and the other half by the persons hired and the said sum of ten pounds for every other prophanation of the said Day And which Fines and Penalties are to be uplifted and disposed of in manner contained in the Act and Instructions anent the Justices of Peace and if the party Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XIX Act against Swearing and Excessive Drinking OUr Soveraign Lord being desirous that all His Subjects within this Kingdom may live a quiet and peaceable life under His Government in all godlinesse and honesty and in order thereto having resolved to curb and suppresse all sort of sin and wickednesse and especially these abominable and so much abounding sins of Drunkennesse and all manner of Cursing and Swearing Therefore our said Soveraign Lord Ratifies and Approves all Acts of Parliament made in former times against the said crimes or either of them And further Declares That each person who shall Blaspheme Swear or Curse and whosoever shall Drink into excess shall be lyable in the pains following according to the quality of the offenders viz. Each Nobleman in twenty pounds Scots each Barron in twenty Merks each Gentleman Heritor or Burgess in ten merks each Yeoman in fourty shillings each Servant in twenty shillings toties quoties each Minister in the fifth part of his years Stipend and that the saids Fines and Penalties be uplifted and disposed upon in manner contained in the Act and Instructions anent the Justices of Peace And if the partie Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XX. Act against Cursing and Beating of Parents OUr Soveraign Lord and Estates of Parliament considering how great and atrocious a crime it is for Children to beat or curse their Parents And how the Law of GOD hath pronounced just sentence of death against such as shall either of these wayes injure either of their Parents Therefore His Majesty with advice of His said Estates Doth hereby Statute and Ordain That whosoever Son or Daughter above the age of sixteen years not being distracted shall Beat or Curse either their Father or Mother shall be put to Death without mercy and such as are within the age of sixteen years and past the age of pupillarity to be punished at the arbitrement of the Judge according to
their deservings that others may hear and fear and not do the like XXI Act against the crime of Blasphemy OUr Soveraign Lord and the Estates of Parliament considering that hither to there hath been no Law in this Kingdom against the horrible crime of Blasphemy Therefore His Majesty with advice of His saids Estates Doth hereby Statute and Ordaâ—n That whosoever hereafter not being distracted in his wits shall rail upon or curse GOD or any of the Persons of the blessed Trinity shall be processed before thâ— chief Justice and being found guilty shall be punished with Death Likeas His Majesty with advice foresaid Findes Statutes and Ordains That whosoever hereafter shall deny GOD or any of the Persons of the blessed Trinity and obstinately continue therein shall be processed and being found guilty that they be punished with Death As also His Majesty with advice and consent foresaid Declares That all persons who have committed the foresaid Crimes since the seventeenth of February one thousand six hundred and fourty nine shall be proceeded against according to this Act and Ratifies all by-gone Decreets and judicial Proceedings against any person committer of the said Crimes since the foresaid date which have been pronounced and done against the saids Committers according to this present Act. And Declares That the pronouncers and executors of the saids Sentences shall never be questioned therefore in any manner of way but are and shall be hereby secured no less then if this Act had been of the foresaid date XXII ACT concerning the several degrees of Casual Homicide OUr Soveraign Lord with advice and consent of the Estates of this present Parliament for removing of all question and doubt that may arise hereafter in Criminal pursutes for Slaughter Statutes and Ordains That the cases of Homicide after-following viz. Casual Homicide Homicide in lawfull defence and Homicide committed upon Theeves and Robbers breaking houses in the night or in case of Homicide the time of masterfull Depredation or in the pursute of denounced or declared Rebels for capital Crimes or of such who assist and defend the Rebels and masterfull Depredators by Armes and by force oppose the pursute and apprehending of them which shall happen to fall out in time coming nor any of them shall not be punished by death And that notwithstanding of any Laws or Acts of Parliament or any Practick made heretofore or observed in punishing of Slaughter but that the Manslayer in any of the cases aforesaid be assoillied from any Criminal pursute pursued against him for his life for the said Slaughter before any Judge Criminal within this Kingdom Providing alwayes that in the case of Homicide casual and of Homicide in defence notwithstanding that the slayer is by this Act free from Capital punishment Yet it shall be leisum to the Criminal Judge with the advice of the Council to fine him in his means to the use of the defuncts wife and bairnes or nearest of kin or to imprison him And His Majesty with advice foresaid Declares That all decision given conform to this Act since the thirteenth of February one thousand six hundred and fourty nine years shall be as sufficient to secure all parties interessed as if this present Act had been of that date And that all cases to be decided by any Judges of this Kingdom in relation to casual Homicide or Homicide in defence committed at any time heretofore shall be decided as is above expressed XXIII Act Ratifying the Priviledges of the Colledge of Justice OUr Soveraign Lord considering that nothing is more necessary and of more universal concernment then the Administration of Justice and in order thereto that the Judges Advocats Clerks and other Members of the Supream Judicatory should be faithfull able and qualified persons and for their encouragement to serve the Countrey in their respective stations and places and to undergo the great toil trouble and expence of time and otherwayes for inabling them for and during their service therein It hath been the wisedom and practice of all Princes and Nations and in special of His Majesties Royal Progenitors to grant to them diverse Liberties and Priviledges as is evident by many Acts of Parliament and Statutes concerning the Priviledges and Immunities of the Colledge of Justice and members thereof Granted Renewed and Ratified from time to time Therefore His Majesty with advice and consent of His Estates of Parliament Ratifies and Approves all and whatsoever Liberties Priviledges and Immunities given and granted by His Majesties Royal Predecessors to and in favour of the said Colledge of Justice and of the Senators Advocats Clerks Writers to the Signet and remanent Members of the same or whereof they have been in use and possession in any time by-gone together with all Laws Acts of Parliament Statutes and Constitutions made and conceived in their favours Holding and Declaring this present Ratification to be as sufficient as if all the foresaids Priviledges Freedoms and Immunities Acts Statutes and Grants of and concerning the same were in special and at length exprest herein And His Majesty with advice and consent foresaid Ordains and Declares That the whole Priviledges Liberties and Immunities foresaid granted and belonging to the ordinary Lords and Senators of the Colledge of Justice shall be extended belong and appertain to and enjoyed by the Advocats Clerks Writers to the Signer and remanent Members of the said Colledge of Justice in all time coming notwithstanding of whatsoever Act Custome or Practice to the contrare XXIV Act concerning Appear and Heirs their payment of their Predecessors and their own Debts OUr Soveraign Lord with advice and consent of the Estates of Parliament taking into consideration that Appearand Heirs immediately after their Predecessors death do frequently dispone their Estate in whole or in part in prejudice of their Predecessors lawfull Creditors before their death come to their knowledge or before they can do lawfull diligence against the saids Appearand Heirs and which Dispositions the saids Appearand Heirs do often make before they be served Heirs and Infeft Or otherwayes by collusion they suffer their Predecessors Estates to be comprised or adjudged from them for payment of their own proper Debts real or simulate without respect to their Predecessors Creditors And His Majesty considering how just it is that every mans own Estate should be first liable to his own Debt before the Debts contracted by the Appearand Heirs Therefore His Majesty with consent foresaid Declares That the Creditors of the defunct shall be preferred to the Creditors of the Appearand Heir in time coming as to the defuncts estate Providing alwayes that the defuncts Creditors do diligence against the Appearand Heir and the real Estate belonging to the defunct within the space of three years after the defuncts death And because it were most unreasonable that the Appearand Heir when he is served and retoured Heir and infeft respective should for the full space of three years be bound up from making Rights and Alienations of his
Predecessors Estate and yet it being as unreasonable that he should dispone thereupon immediately or shortly after his Predecessors death in prejudice of his Predecessors Creditors he having year and day to advise whether he will enter Heir or not Therefore it is hereby Declared That no Right or Disposition made by the said Appearand Heir in so far as may prejudge his Predecessors Creditors shall be valid unless it be made and granted a full year after the defuncts death XXV Act for Denouncing of Excommunicate Persons OUr Soveraign Lord with advice and consent of His Estates of Parliament considering the insolency of excommunicate Papists and others who slight the dreadfull Sentence of Excommunication to the dishonour of GOD and obduring of their own hearts Doth therefore Ratifie and Approve all Acts of Partiament and Acts of Privy Council standing before the year one thousand six hundred and fourty against Excommunicate Persons And Statutes and Ordains That in time coming fourty dayes being past after the said Sentence of Excommunication Letters be direct at the instance of His Majesties Advocate for denouncing all Excommunicate persons His Majesties Rebels and putting them to the Horn and that by Warrand of the Lords of Privy Council or Session which denounciation being used by vertue of the saids Letters at the Mercat Cross of Edinburgh and Peir of Lieth is hereby Declared to be sufficient against them and for using of Caption thereupon and taking of the Escheat and Liferent of the Rebels conform to the standing Laws of this Kingdom Providing alwayes that before the passing of any such Letters of denounciation the whole Process and Sentence of Excommunication be exhibite and produced before the Lords of Session in session-Session-time to the end that they may consider the legality of the processe and grounds whereupon the Sentence proceeded and that accordingly they may give forth the saids Letters of denounciation as they shall think just and reasonable XXVI Act appointing the Pursuer of the Thief to have the Goods stolen from him restored OUr Soveraign Lord understanding that when Theives are taken and execute for theft or declared Fugitives their whole estate and the goods stolen also doth fall to His Majesty and to Lords of Regalities and other Justitiars pretending right to the saids stolen goods For remeed whereof His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That any person having goods or gear stolen from him and having pursued the stealer thereof shall have his own goods again where ever the same can be apprehended and where the stolen goods cannot be had the Pursuer of the Theif shall have the just value of the goods and gear stolen from him out of the readiest of the Thiefs goods with the expences waired out by the Pursuer he alwayes pursuing the Thief usque ad sententiam Reserving alwayes to the Sheriff or other Magistrates and taker of the Thief the expences waired out by them in the taking and putting the Thief to execution XXVII Act for the Pardon of Penal Statutes OUr Soveraign Lord considering that the precise and rigorous exaction of the Pain Arbitrary and Pecunial adjected to Penal Statutes heretofore made would prove a burden to His Majesties Leiges heavy and unsupportable if by His Majesties grace and favour they should not be eased and liberate of the same In consideration whereof His Majesty being willing to give ease and relief to His Subjects of the foresaid burden Hath therefore been graciously pleased with consent of His Estates of Parliament to Discharge freely Pardon and Remit and by these presents Discharges freely Pardons and Remits all Contraveeners of any of the saids Penal Statutes for all Deeds done by them contrair to the tenor of the same Statutes in time by-gone except only the Statutes concerning the unlawfull taking of Usury Transporting of Silver and Gold and Slaying of Red and Black Fishes which are no wayes discharged by this present Act nor comprehended under the same XXVIII Act discharging the Quots of Testaments OUr Soveraign Lord with advice and consent of His Estates of Parliament for many weighty considerations moving His Majesty Statutes and Ordains That no Quots of Testaments confirmed since the sixteenth of November one thousand six hundred and fourty one and to be confirmed in time coming shall be exacted from any of His Majesties Leiges by Commissars Commissar-Clerks Fiscals and others whom it effeirs but prejudice alwayes of the ordinary Fies due to them as accords XXIX ACT for Poynding upon Sheriffs and Commissars Decreets OUr Soveraign Lord and the Estates of Parliament considering That albeit by Act of Parliament of the date the ninth of July one thousand six hundred and six years Letters of Horning are Ordained to be directed by deliverance of the Lords of Session upon Sheriffs Commissars and other inferiour Judicatories their Decreets upon the simple charge therein mentioned Yet the Act bears no warrand for Letters of Poynding to be granted by the deliverance foresaid upon these Decreets whereby the Parties interessed obtainers of the Decreets are ofttimes prejudged of their payment when these Parties against whom these Decreets are obtained do flit or remove out of the Shire or Jurisdiction of the Judge before whom the saids Decreets are given Therefore His Majesty with advice of the saids Estates Ratifies the Act of Parliament above-mentioned in the whole heads and points thereof And for remedy of the prejudice foresaid Ordains Letters of Poynding to be direct by deliverance of the Lords of Session at the instance of the Parties interessed upon the saids Sheriffs Commissars and other inferiour Judges their Decreets contained in the foresaid Act. Sicklike and in the same manner as Letters of Horning are appointed by the said Act to pass upon the same Decreets that thereby the Parties may have real execution as well as personal upon their Decreets foresaids Likeas His Majesty with advice and consent foresaid Declares That all execution of Poynding legally used upon the saids Decreets since the twelfth of June one thousand six hundred and fourty nine years shall be valid and sufficient and the Parties Messengers and others Executors and users thereof shall never be questioned nor any Process sustained against them therefore either Civilly or Criminally before any Judge whatsomever But prejudice alwayes to Parties against whom Poynding have been used upon reduceable or unwarrantable Sentences to pursue repetition as accords of the Law XXX Act anent the Fewers and Vassals of Kirk-lands OUr Soveraign Lord with advice and consent of the Estates of this present Parliament considering That whereas by the general Surrender of Kirk-lands and Erections made by the Superiors and Titulars thereof in favours of His Majesties dearest Father of ever blessed memory It is specially provided that the saids Superiors and Titulars notwithstanding their Surrender foresaid shall have right to the Few-fermes and Duties of the Vassals and Fewers of the said Kirk-lands and Erections till the Kings Majesty make paiment to
delivered to any whom the Senators of the Colledge of Justice shall appoint to receive the same and whose discharge upon the receipt thereof in whole or in part shall accordingly be a sufficient exoneration to the Shires and Burghs and all others whom it effeirs And the saids moneths of November and May respective being past Ordains Letters of Horning and Poynding and all other Execution necessar tobe directed at his or their instances against the Shires or Burghs of the Kingdom and their Collectors And twenty dayes being expired after either of the saids moneths respective Ordains Quartering to be upon deficient Shires and Burghs and that all who command the Forces within the Kingdom give orders and be assisting hereunto accordingly LI. Act concerning Arrestments OUr Soveraign Lord considering the great charges that Creditors are put to by Comprising of Sums owing to their Debitors by vertue of Heritable Bonds Contracts and other Writs bearing paiment of Annualrents which in respect of the Obliegment for Annualrent were not in former times Arrestable Therefore the Kings Majesty with advice and consent of His Estates of Parliament Finds and Declares that all Sums of money which are addebted by Bonds Contracts and other personal Obliegments whereupon no Infeftments have followed are and shall be Arrestable at the instance of any Creditor not-withstanding that the Bonds Contracts and other Obliegements bear paiment of Annualrents And the Kings Majesty with advice and consent foresaid Declares that this shall no wayes change the nature of the saids Sums nor prejudge the Heir nor any other person their rights to the same as being Heritable which are hereby Declared to remain in their own nature unchanged by this Act pro ut de jure except that only the same are Arrestable And it is hereby expresly provided that all Arrestments and Executions thereof since the twenty ninth day of July one thousand six hundred an fourty four years used conform to the tenor of this Act shall be as valid and sufficient as if this present Act had been of the said date But prejudice alwayes to the Creditors to Comprise the saids Heritable Sums if they shall choose rather to Comprise then to Arrest LII Act concerning the disposal of Vacant Stipends FOrasmuch as by divers Acts it is found that Stipends and Benefices of Vacant Kirks or which thereafter should vaik by Decease Deposition Suspension Transportation of Ministers Dis-union of Kirks or any other way should during the vacancy thereof be imployed on pious uses and the Kings Majesty considering that during these troubles many Learned and Religious persons in the Ministry and Universities for their expressions of duty and loyalty to His Majesty or not concurring in the confusions of the time have been Deposed or Suspended from their Charge and Ministry and have been otherwayes put under great sufferings and they and their Families redacted to extream misery and want And conceiving it to be an Act of great Piety and Justice to have regard to the sufferings of those honest and faithfull Ministers and others and in some measure to provide for them and repair their losses Therefore His Majesty with advice of His Estates of Parliament Ordains all Stipends or Benefices of Kirks that are vacant and not already disposed of or which shall vaik by Decease Deposition Suspension Transportation or any otherwayes to be imployed for the supply and maintenance and towards the reparation of the sufferings and losses of the persons aforesaids and of the Wives and Bairnes of such of them as are dead and that in such manner and wayes as after tryal of their merits and sufferings and the causes and grounds thereof shall be thought fit by the Lords of His Majesties Privy-Council to whom His Majesty with advice and consent foresaid commits the care of this business And doth hereby impower and require them to use all diligence that the Favour and Justice hereby intended by His Majesty to these suffering Persons and their Families may be made effectual and that notwithstanding of any thing contained in any of the saids Acts to the contrair It is alwayes provided that this Act is without prejudice of any Benefit which by the Law and Custom of this Kingdom falls to the Relict Bairns or Executors of a Minister after his decease and that this Act is to endure for the space of seven years and longer as His Majesty shall think fit LIII Act ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property c. OUr Soveraign Lord with advice and consent of the Estates of this present Parliament Ratifies and Approves and for His Highnesse and His Successors perpetually Confirmes the tenth Act of the first Parliament of His Majesties Royal Father of blessed memory King Charles the first holden at Edinburgh in Anno one thousand six hundred and thirty three Intituled An Act anent the Annexation of His Majesties Property in the whole Heads and Clauses thereof especially that Clause of the same whereby His Majesty and the Estates of Parliament then conveened did Declare the right and title of Superiority of all and sundry Lands Barronies Milnes Woods Fishings Towers Fortalices Mannor-places and pertinents thereof pertaining to whatsoever Abbacies Priories Prioresses Preceptories and whatsoever other Benefices of whatsoever Estate Degree Title Name or Designation the same were of Erected in temporal Lordships Barronies or Livings before or after the general Act of Annexation of Kirk-lands made in the month of July one thousand five hundred eighty and seven together with the whole Few-mails Few-fermes and other Rents and Duties of the saids Superiorities to be annexed and to remain with the Crown for ever upon the reservation of the Lords and Titulars of Erection therein specified Likeas thereby His Majesty and Estates foresaid Found and Declared that all Titulars of Erection without exception should hold their property and proper Lands of the Kings Majesty and His Successors in Few-ferm for paiment of the Few-ferm-duties contained in the Infeftments granted to them before the said Act of Annexation and no otherwayes And that all Rights and Deeds made and granted to whatsoever person or persons preceeding the date of the foresaid Act which might prejudge His Majesty and His Successors in the peaceable injoying of the said Superiorities and Few-ferm-duties should be null and of no avail by way of action exception or reply And further His Majesty with advice and consent foresaids of new Declares the foresaid Superiorities of all and whatsoever Kirk-lands Milnes Woods Fishings and whole pertinents of the same pertaining of before to whatsoever Chapters Priors Prioresses Preceptors and whatsoever other Benefices of whatsoever other Estates Degree Title or Designation they be of whereof the Presentation belonged to His Majesty and His Highnesse Predecessors erected in temporal Lordships Barronies and Livings to pertain to His Majesty and His Highnesse Crown therewith to remain in all time coming And also Declares all and whatsoever Grants Rights or Infeftments of
Alexander Bruce of Culross Andrew Carstairs of St. Andrews and William Seaton of Haddingtoun Burgesses Or any thirteen of them there being alwayes present three Noblemen three Gentlemen and three Burgesses with His Majesties Commissioner the Lord Chancellor Lord Thesaurer Lord President of the Council Lord Privy Seal the Lord Secretary _____ or any one of them with power to them or Quorum foresaid to meet and conveen at Edinburgh or such other place or places at such times and diets as they shall appoint to value and cause value whatsoever Teinds great or small Personage or Vicarage of whatsoever Lands and others within this Kingdom liable to the payment of Teinds of whatsoever nature or quality the same be of which are yet unvalued Providing the Ministers serving the Cure who do lead Teinds be secured of good and thankfull payment of so much victuall or money answerable to the worth of the saids Teinds as the Teinds shall be valued to And also with power to them to receive reports from Sub-commissioners and to appoint Sub-commissioners conform to the former Acts and Commissions to appoint constant and locall Stipends and grant Augmentations to dis-joyn too large and spacious Kirks build and erect new Kirks dis-member annex and unite Kirks and to take order that every Heritor and Life-renter shall have the leading and buying of their own Teinds if they be willing according to the Rates prescribed by former Commissions namely by the foresaid Commission granted by His Majesty with consent of the Estates of Parliament in Anno one thousand six hundred thirty and three And with power to the saids Commissioners or Quorum foresaid to give recompence to Parties for the augmentation of Stipends to be imposed by this Commission in the same way as was done by former Commissions namely by the Commission in Anno one thousand six hundred and seventeen With power to them to determine all Questions concerning the Prices of Teinds betwixt Titulars and others having right to the Teinds and the Heritors And to appoint such securities in favours of the Titulars and others having right by the Heritors payers of the valued Duties or buyers of the saids Teinds and in favours of the Ministers as to their maintenance as the saids Commissioners shall think fitting according to the Rules set down in the saids former Acts namely in the said Act in Anno one thousand six hundred thirty and three And suchlike with power to them to appoint and provide for such other pious uses in each Paroch as the estate thereof may bear Declaring that where the Vicarage of any Paroch is a severall Benefice and Title from the Personage the same shall be severally valued to the effect the Titulars or Ministers serving the Cure having right to the said Vicarage be not frustrate of the true worth thereof It is alwayes Declared That Ministers serving the Cure who now lead their Teinds And that Colleges Schools and Hospitals be not constrain'd to sell set nor dispon their Teinds in prejudice of their Successors notwithstanding of the valuation thereof And that Titulars and others having right to Teinds shall not be forced to dispon any Teinds valued or to be valued which they shall be content and willing to assign and dispon to the Ministers serving the Cure of the Paroch as a part of his Provision And His Majesty with consent foresaid Declares That where Valuations are lawfully led against all parties having interest and allowed by former Commissions according to the order observed by them that the same shall not be drawn in question nor rectified upon the pretence of enorm lesion at the instance of the Minister not being Titular or at the instance of His Majesties Advocat for and in respect of His Majesties Annuity Except it be proved that collusion was used betwixt the Titulars and Heritor or betwixt the Procutor-fiscall and Heritors and Titular which collusion is Declared to be where the Valuations are led with the diminution of a third of the just Rent and which diminution shall be proved by the Parties Oaths And albeit that all the Acts of the pretended Parliaments in the years one thousand six hundred and fourty and one thousand six hundred fourty and one and since are Declared by an Act of this present Parliament null and of none avail in all time coming Yet it is hereby Declared That all and whatsoever Valuations Acts Sentences and Decreets done concluded and decerned by vertue of any Commissions granted by the saids pretended Parliaments with all execution used or to be used thereupon are and shall stand valid in all time coming notwithstanding of the foresaid Act Rescissory And this for the good and ease of the People and for incouragement of the Ministers of the Gospel whereunto His Majesty hath alwayes a tender respect And although by a speciall Act of this present Parliament the pretended Parliament holden in Anno one thousand six hundred and fourty nine and in the beginning of the year one thousand six hundred and fifty is from the beginning Declared void and null and all that hath followed thereon Yet neverthelesse His Majesty Doth with advice foresaid Authorize all Valuations Acts Decreets and Sentences led deduced and pronounced by the Commissions one or moe appointed by the said pretended Parliament for Plantation of Kirks and Valuation of Teinds and all execution competent thereupon Excepting such Decreets and Sentences given in favours of Ministers for their Stipends or for dividing uniting annexing or building of Kirks which shall be found to have been unjustly or exorbitantly decerned The Determination whereof is hereby referred by His Majesty with consent foresaid to the saids Commissioners that they after hearing of parties and consideration of particulars may take such course for altering annulling or allowing of the saids Acts Decreets and Sentences as they shall think fitting conform to the Laws Practique and Custom observed preceeding the year one thousand six hundred and fourty nine and Ordains Processe upon Supplications to be summarly granted parties alwayes being cited and that without any reduction And it shall be lawfull to the saids Commissioners or Quorum foresaid to proceed in all Summons and Actions to be intended for that effect within the space of two years after the first down-siting of the Commission As also with Power to the saids Commissioners upon the dependance of the saids Complaints and Processes to discharge execution upon the foresaids Decreets in whole or in part as they shall find just ay and while the matter be determined by them As also in respect that by diverse Decreets pronounced by the saids Commissioners appointed by the said Commission in Anno one thousand six hundred and fourty nine the burden of an Augmentation was put upon diverse Tacks-men of Teinds and yet no recompence was made to them by prorogating of the saids Tacks In regard also that diverse Registers of Commissions preceeding the Year one thousand six hundred and fourty nine are lost whereby
Prorogations were granted in favours of Tacks-men and the Extracts also perished the time of the Troubles Therefore His Majesty with consent foresaid Gives power to the saids Commissioners or Quorum foresaid appointed by this Commission to grant recompence and prorogation to the saids Tacks-men in the same manner as was prescribed by the former Commissions namely by the Commission in Anno one thousand six hundred and seventeen the Titulars alwayes being cited thereto And whereas it may fall out that some of the saids Commissioners now appointed may be unable to attend the service through death sickness or some other notour and known impediment Therefore His Majesty Declareth that He shall be carefull to fill their places with other persons qualified whose Oaths for faithfull discharge of the same shall be taken by the Lord Chancellor or in his absence by the President of the said Commission for the time And Ordains this present Commission to endure ay and while the same be discharged by His Majesty and Ordains the Acts Decreets and Ordinances thereof to have the force strength and effect of a Decreet Sentence and Act of Parliament and the Lords of the Session to grant and direct Letters of Horning Poinding and others requisit in manner contained in the foresaids former Commissions And considering that it was the will and pleasure of His Majesties Royal Father that all Heritors who should be willing to buy should have their own Teinds at reasonable Rates Therefore His Majesty with advice foresaid Statutes and Ordains that all Heritors whose Teinds are not valued shall have liberty to value and buy the same at such Rates as are contained in the Act of Parliament one thousand six hundred and thirty three years With power to augment the saids Rates according to the burden of Augmentations and others sustained by the Titulars since the said Act of Parliament one thousand six hundred and thirty three years and the saids Heritors to have the liberty of buying as said is within the space of three years after the valuation With power to the saids Commissioners to determine therein according to Justice with this Declaration alwayes That in case the impediment during the space foresaid flow from the Titular by reason of his minority or other inability in that case the Heritor who offered himself ready to buy his own Teind within the space foresaid shall have place so soon as the impediment is removed to buy his Teinds notwithstanding of the expiring of the years and space above-exprest And it is Declared that if the Heritor be Minor and his Tutors neglect the buying of his Teinds within the foresaid space the Minor shall have Action for two years after his minority to compell the Titular for selling of the saids Teinds LXII ACT for ordering the payment of Debts betwixt Creditor and Debitor OUr Soveraign Lord considering how necessary and essential it is to the very being and flourishing of Kingdoms and Nations that there should be a National confidence among the people themselves and with these of other Nations with whom they have correspondence and traffick abroad and that the most effectual and proper way to beget cement and maintain the same is that Promises Pactions Obliegements and Debts be faithfully performed and satisfied without which there can be no trust and consequently no society intercourse and commerce at home and all Trade and Traffick with other Nations will certainly decay and cease to the irreparable loss ruine and discredit of the Nation Yet the troubles and difficulties of the time being so great that it is fit some breathing time and encouragement should be given to the Debitors for the better inabling them to keep their credit and to take some effectual course for paiment of their Debts Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That for all Sums and Debts contracted before the tearm of Whitsunday one thousand six hundred and fifty eight years and exceeding one thousand pounds Scots of principal personal execution shall be forborne by the space of six years to begin at Whitsunday last by-past in this instant year one thousand six hundred and sixty one Providing that the Debitors make paiment of one years Annualrent at Candlemesse next in the year one thousand six hundred and sixty two and that the residue of the by-gone Annualrents of the said Sums resting unpaid at Whitsunday next shall become and be made a principal Sum and the Debitor shall give security for the same to these who have right to the by-gone Annualrents when they take the benefit of the foresaid forbearance in manner after-mentioned or at any other time that the same shall be demanded Which Security to be granted for the said by-gone Annualrents made up in a principal Sum shall bear obliegement to pay Annualrent for the same in manner and from the tearms after-specified viz. For a third part thereof from Whitsunday next one thousand six hundred and sixty two years and for an other third part from Martimesse thereafter in the said year and for the last third part from Whitsunday in the year one thousand six hundred and sixty three during the not paiment of the said principal Sum so made up for which personal execution is to be forborne as for the other principal Sums by the space aforesaid of six years after Whitsunday last And without prejudice of the Security to be granted in manner foresaid It is also Declared and Ordained that the said by-gone Annualrents are made up and shall be holden and esteemed principall Sums And that Annualrents shall be due and payable for the same from the tearms and in manner foresaid and that execution shall follow at the instance of those who have right to the same upon and by vertue of their Bonds Contracts and Rights and of this present Act and Ordinance in the same manner as if a new Security were already granted in manner and of the tenour abovewritten And notwithstanding of the Premisses It is hereby Declared that the Lords of Session shall have power to grant and passe Suspensions for Sums not exceeding one thousand pounds upon such reasons as they shall think just And where those who have right to by-gone Annualrents are only Liferenters and have no right to the stock and principall Sum It is Ordained that it shall be lawfull to them to use execution for the whole by-gone Annualrents due to them as they might have done before the making of these Presents and that the saids Lords of Session shall have power to grant and passe Suspensions against the saids Liferenters in case they shall find just grounds and cause for granting of the same It is likewayes Provided that the benefit of the said forbearance shall only be granted and competent to such Debitors as shall pay the said years Annualrent within the time foresaid and shall betwixt and the first day of November compear before any of the Lords of Session with the Clerk and
declare before them upon Oath that their Debts exceeds the value of four years Rent of their Estate pertaining to and possest by them which Declaration extracted under the hand of the Clerk of Register or his Deputies shall be a sufficient Security against Personall execution And for which Extract the Clerk Register and his Deputies shall have for their Fees the sum of thirty three shillings four pennies Scots and no more And it is Declared that all persons who shall not by themselves or their Tutors or Curators appear and declare within the time and in manner foresaid shall be excluded from the benefit of the foresaid forbearance and shall never be reponed or admitted thereafter upon any pretext whatsoever And the benefit of the foresaid forbearance being granted to the Debitors or any of their Cautioners upon the compearance and declaration foresaid shall only be personall for them and their Heirs and others representing them and shall not be extended to those who are bound with them and lyable to the saids Debts unlesse they also compear and declare that their own proper Debts and Cautionry for persons who have taken the benefit of this Act exceeds the value of four years Rent of their Estate and that within the time and in manner foresaid And for the more ease of the Debitors It is Ordained that in case within the time of the forbearance foresaid the Debitor shall offer to the Creditor a part of his Debt not being beneath or within the third part of the whole Sums due by him to the Creditor for the time the Creditor in that case shall be holden to accept of the said partiall paiment and in case of his refusall offer being made of a part of the said Sums not within the proportion foresaid in presence of a Notar and Witnesses the Debitor upon consignation of the same in the hands of the Clerk of the Bills shall be free of the Annualrent of that part of the said Sum that shall be consigned in all time coming after the consignation foresaid And whereas the legall reversion of Comprisings was formerly limited to seven years His Majesty for the reasons and with consent foresaid is graciously pleased to extend the same to ten years in all time coming and Statutes and Ordains that all Comprisings already deduced and whereof the legall reversion is not yet expired or which shall be deduced any time hereafter shall be redeemable within the space of ten years after the date of the same and all Comprisings deduced since January one thousand six hundred and fifty two years and whereof the legalls are expired and all Comprisings deduced before the said moneth of January one thousand six hundred and fifty two years and which were not expired before the said moneth of January one thousand six hundred and fifty two years shall be redeemable within the space of three years after Whitsunday now last by-past notwithstanding the legall reversions of the same be now expired And in case the Lands and others comprised exceed in yearly Rent and value the Annualrent of the Sums contained in the saids Comprisings and of the expence disbursed in obtaining Infestments thereupon and the Debitor shall desire the Creditor to possesse the Lands and others comprised it shall be lawfull to the Lords of Session likeas the saids Lords are hereby impowered and authorized upon a Supplication to be made to them by the Debitor and Citation of the Comprisers to appoint the Apprisers to possesse such of the saids Lands and others during the legall reversion as the saids Lords of Session shall think just and reasonable the saids Debitors alwayes giving possession to those who have right to the saids Comprisings and ratifying their possession already apprehended by them if any such possession they have of such of the saids Lands and others as the saids Lords of the Session shall appoint not being beneath in yearly Rent and value of the Annualrents above-mentioned or otherwayes giving to the Creditors whether they have possession or not sufficient security at the sight of the saids Lords for paiment of the saids Annualrents during the time foresaid the saids Lords of Session having alwayes power to determine whether in the cases foresaids the Debitor shall give Surety to the Creditor for his Annualrents or the Debitor not being able to give Surety the Creditor shall be oblieged to take possession of the Debitors Lands And if the Lords of Session shall appoint in the case foresaid the Creditor to be possest for his Annualrent then and in that case the Debitor shall be holden to deliver the Evidents of the saids Lands to the Creditor or transumps thereof providing alwayes that the Creditors right by vertue of the saids Comprisings be no wayes prejudged after the expiring of the same And that the whole Lands and others both such as shall be possessed by the Debitor and the remanent of of the Lands and others contained in the saids Comprisings shall pertain to the Creditor irredeemably And because oftentimes Creditors in regard they live at distance or upon other occasions are prejudged and preveened by the more timeous diligence of other Creditors so that before they can know the condition of the common Debitor his Estate is comprised and the posterior Comprisers have only right to the legal reversion which may and doth often prove ineffectual to them not being able to satisfie and redeem the prior Comprisings their means and money being in the hands of the common Debitor Therefore it is Statute and Ordained That all Comprisings deduced since the first day of January one thousand six hundred and fifty two years before the first effectual Comprising or after but within year and day of the same shall come in pari passu together as if one Comprising had been deduced and obtained for the whole respective Sums contained in the foresaids Comprisings And it is Declared that such Comprisings as are preferable to all others in respect of the first real Right and Infeftment following thereupon or the first exact diligence for obtaining the same are and shall be holden the first effectual Comprising though there be others in date before and anterior to the same and the foresaid benefit given and introduced hereby in favours of these whose Comprisings are led within the time and in manner foresaid is only granted and competent in the case of Comprisings led since the first day of January one thousand six hundred and fifty two years and to be led after the date of thir presents and for personal Debt only without prejudice alwayes of ground Annuals Annualrents due upon Infeftment and other real Debts and Debita fundi and of Comprisings therefore of Lands and others affected therewith which shall be effectual and preferable according to the Laws and Practick of this Kingdom now standing And it is also provided that the Creditors having right to the first Comprising except as is above excepted shall be satisfied by the posterior Comprisers