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B05253 Laws and acts past in the third session 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, from the eighteenth of June, 1663. to the ninth of October thereafter, on which day the Parliament was dissolved; by a noble lord, John Earl of Rothes, Lord Lefly and Bambreith ... / with the special advice and consent of the Estates of Parliament.; Laws, etc. Scotland.; Rothes, John Leslie, Earl of, 1630?-1681.; Scotland. Convention of Estates. 1674 (1674) Wing S1278A; ESTC R183991 41,047 48

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exportation of money forth of the Kingdom ibid. 11. Act for encouragement of Tillage and Pasturage Page 15 12. Act for a new Imposition upon English Commodities ibid. 13. Act imposing a Custom upon Corn imported from Ireland into this Kingdom Page 17 14. Act for in-bringing of His Majesties Rents ibid. 15. Act concerning Beggers and Vagabonds Page 20 16. Act anent the measure of Coal Page 22 17. Act anent the Foot-measure ibid. 18. Act discharging Munday and Saturday Mercats in Royal Burghs Page 23 19. Act anent Lint-seed Hemp-seed and Steel Page 24 20. Act anent Manses and Glebs and poinding for Ministers Stipend ibid. 21. Act anent Comprisings Page 25 22. Act anent sentences of Excommunication Page 26 23. Act for additional provision in favours of the Vniversities Page 27 24. Act regulating the proportions of Excise in the several Shires and Burghs Page 28 25. An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland Page 30 26. Act asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners Page 32 27 Commission for plantation of Kirks and valuation of Teinds ibid. 28. Act anent penal Statutes Page 36 29. Act Salvo jure cujuslibet A Table of the special Acts and Ratifications past in the several Sessions of this Parliament which are not printed FIRST SESSION PRotestations by some Noble-men Commissioners from Shires and Burghs concerning their precedencies in the Rolls of Parliament Act discharging Sir Archibald Johnstoun of all publick Turst Act concerning the Burial of the Corps of the late Marquess of Montrose and Laird of Dalgety Commissions for the Lords of the Articles and Bills Exoneration to Mr John Po●ng concerning the Registers Record of the production of the Patents granted by His Majesty to His Officers of State and their Admissions Record of the production of some Patents of Honour 〈◊〉 Earl of Dalhousie and others against Mr. Robert Hodge Act in favours of the Laird of Mackclean Precognition in favours of the Master of Bamff Commission to Mr. John Wilkie to collect the vacand Stipends Act rescinding the pretended forfeiture of the Marq of Montrose Act allowing Messengers to execute Summons of Treason Exoneration in favours of the Earl of Crawfurd and Lindsay Act concerning the Magistrates of Kirkwall Act 〈◊〉 an Imposition at the Bridge of Mufleburgh Commission for visiting the University of Aberdeen Act anent the election of the Magistrates of Monross Decreet Archibald Lamont contra Campbel Act for an Imposition at the Calsees of Cowie-month Reference Mackenȝie contra Mackpherson Decreet Earl of Perth contra Sir George Mouat Act in favours of some Ministers for their Stipend Acts in favours of Col. Weymes Col. Lesly and James Scot. Letter and Act in favours of the Laird of Renton ☞ Act for a Bridge at Ramal-well craig on Clyd Act in favours of the Town of Wigtoun concerning a Bridge Decreet Lockhart contra Bonar Decreet Mackenȝie of Redcastle contra Gilbert Ker and others Decreet Elizabeth Dutchy contra Henrie Dennistoun Act anent the Custom and Price of imported Tobacco-pipes Decreet Carnaigie contra Carnaigie Ratification to the Earl Marshal of the Sheriff-ship of Aberdeen Protestation by the Earl of ●●xburgh in name of the Marquess of Huntly against the some Ratification in favours of Mr. Adaw Cunningham of Wood-hall of the Commissariot of Drumfries Ratification in favours of the new Colledge of Aberdeen Protestation by the Town of Aberdeen against it Ratification in favours of Sir John Vr●●hart of Cromarty Rat. to Mr. Hary Hay of the Commissar-clerkship of Edinburgh Ratification to John Ramsay of his Office from the Lord Register Ratification in favours of the Burgh of Elgin Ratification in favours of Thomas Manson Ratification of the erection of the Kirk of Kinless Rat. to Mr. Thomas Young of the Commissar-clerkship of Lauder Rat. of the erection of the Town of Findorn in a Burgh of Barony Protestation Town of Forres against it Ratification in favours of Wat. Rat. to Mr. James Nicholson of the Commissariot of Brichen Ratification to John Newel Ratification in favours of Harie Blaickwood Ratification to Alexander Monro of the Commissariot of Stirling Act concerning the Town of Kirkwall Rat. to the Town of Edinburgh of the regality of the Cannongate Rat. to the Town of Edinburgh of the mark upon the Tun. Rat. Town of Edinb of the Land called The King's work at Leith Rat. Town of Edinb of the Customs at the house of the Mure. Rat. of the Town of Edinburghs new Charter of Confirmation Act in favours of Mr. James Daes Commission for tryal of the burning of the Gates of Drumlaurig Act concerning the Earl of Perth and Lord Drummonds losses Act concerning Sir Thomas Hamiltoun of Prestoun his Writes Act rescinding the pretended forfeiture of the Marquess of Huntly Act rescinding the pretended forfeiture of Mackdonald of Largy Act rescinding the pretended forfeiture of Sir John Gordoun of Haddo Act for a contribution for repairing the Harbour of Peterhead Act in favours of the Town of Dunce Act in favours of George Campbel Modifications to suffering Ministers out of the vacand Stipends Ratification in favours of the Earl of Mar. Ratification in favours of the Town of Nairn and Protestation by the Laird of Caddel against it Ratification in favours of the Earl of Panmure and Protestation by the Burgh of Arbroth against it Ratification in favours of the Burgh of Innerness and Protestation for Redcastle and Danean and the Burghs of Forteross Cromarty and Dingwall against it Ratification in favours of the Earl of Linlithgaw Ratification to the Earl of Callander Ratification to the Town of Musteburgh Ratification in favours of Robert Thomson and Protestation by the Earl of Athol against it Ratification in favours of Mr. Thomas Murray Ratification in favours of Mr. John Finlay Ratification in favours of the Burgh of Wigtoun Act for a weekly Mercat and two Fairs yearly in Bauden Ratification in favours of the Royal Burroughs Ratification in favours of the Earl of Weymes Ratification in favours of the Burgh of Kirkcaldy Commissions for trying some persons suspected of witch-craft His Majesties nomination of the Lords of Sess and their Admission ☞ Act for the sitting and diets of the Session The Lord Registers nomination of the Clerks to the Session to the registration of Seasings and admission of Notars and their admission conform to their Gifts from the Lord Register Act establishing the Sheriffdom of Ross and the bounds of it Commissions for the Fishings on the waters of Vgie and Itham Act to James Weymes for a new invention of Milnes c. Act in favours of the Earl of Lauderdaile anent the Lordship and Regality of Musleburgh and superiority thereof Protestation by the Lord Colintoun that the said Act should not prejudge him of his Right to the Teind of the Paroch of Hales Act in favours of the Earl of Lauderdaile Act in favours of the Earl of Lauderdaile concerning the Writes and
any clause thereof And sick like Ratifies and Approves the sixty one Act of the first Session of this present Parliament entituled Commission for plantation of Kirks c. in the whole Heads Articles and Clauses thereof except in so far as the same may be contrary to this present Act as said is And His Majesty with advice and consent foresaid gives full power and commission to James Archbishop of St. Andrews William Earl of Glencairn Chancellor John Earl of Rothes Thesaurer Alexander Archbishop of Glasgow William Earl Marshal Privy-seal Duke of Hamilton Marquess of Montrose Earl of Lauderdaill Secretary Earl of Eglinton Earl of Linlithgow Earl of Kelly Earl of Haddington Earl of Annandail Earl of Leiven Earl of Tweddail George Bishop of Edinburgh James Bishop of Galloway George Bishop of Dunkell Bishop of Aberdeen Iohn Bishop of Ross Robert Bishop of Dumblane Bishop of Orknay William Lord Bellenden Thesaurer-depute Sir Iohn Gilmore President of the Session Sir Archibald Primerose Clerk Register His Majesties Advocat Sir Iohn Home of Renton Justice Clerk Sir Iames Lockhart of Lee Sir Iohn Scougal of Whitekirk Charles Maitland of Halton Sir Thomas Hamiltoun of Preston Sir Iohn Wauchop of Nidrie Sir Robert Fletcher of Salton Sir Henry Wardlaw of Pitrevy William Scot of Ardross Sir Andrew Ramsay Provost of Edinburgh Sir Robert Murray there Sir Archibald Sydserf Sir Alexander Wedderburn Sir William Thomson John Milne Robert Lentr●● Provost of St. Andrews Mr. Iohn Paterson Provost of 〈◊〉 William Seaton Provost of Haddingtoun or any fifteen of them whereof three of the Clergy three of the Nobility three Officers of State three Commissioners of Shires and three of Burghs of which number the Archbishop of St. Andrews or the Chancellors or the Thefaurer or the Archbishop of Glasgow or the Privy-Seal or the Secretary or the Duke of Hamiltoun or the Earl of Haddingtoun or any of them being alwayes one to meet and conveen at Edinburgh the day of one thousand six hundred and sixty years and at such other place or places times and diets as they shall appoint to value and cause be valued whatsoever Teinds great or small Personage or Vicarage of whatsoever Lands within this Kingdom lyable to the paiment of Teinds which are yet un-valued Excepting alwayes the Teithes of the Archbishops Bishops and other beneficed persons whereof they were in real and actual possession by leading and collecting the same in the year one thousand six hundred and twenty eight and with provision that they be not prejudged of the Fruits and Rents of their several Benefices as the same was possest by them anno one thousand six hundred and thirty seven conform to the Submission made by the Bishops to His Majesty in the said year and Decreet arbitral following thereupon With power to the saids Commissioners or quorum foresaid to appoint Sub-commissioners conform to the former Acts and Commissions for valuation of Teinds and receive reports from them And with power to them where Ministers are not already sufficiently provided or have not Localities assigned to them for their Stipends out of the Teinds within the Paroch where they serve the Cure to modifie settle and appoint constant local Stipends to ilk Minister out of the Teinds of the Paroch where they serve the Cure in so far as the same will amount to according to the quantities of victual or money mentioned in the saids Acts and Commissions and to decide and proportion the saids Localities And with power to dis-joyn too large and spacious Paroches to cause erect and build new Churches to dismember and annex Kirks as they shal think just and to take order that every Heretor 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 Particulary by the Commission granted by His Majesty with consent of the Estates of Parliament in anno one thousand six hundred and thirty three with power to them to determine all questions concerning the prices of Teinds betwixt Titulars and others having right thereto and the Heretors and to appoint such securities in favours of the Titulars and others having right to the Teind for the prices to be granted by the Heretors 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 rule set down in the saids former Acts namely in the said Act anno one thousand six hundred and thirty three Declaring That where the Vicarage of any Paroch is a several 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 frustrat of the true worth thereof And that Titulars and others having right to Teinds shall not be forced to dispone any Teinds valued or to be valued which shall be assigned disponed and allocat to the Minister serving the Cure of the Paroch As also with power to the saids Commissioners or quorum foresaid to rectifie whatsoever Valuations led or to be led to the enorm prejudice of the Titulars and to the hurt and detriment of the Kirk and prejudice of the Ministers maintenance and provisions or of His Majesties Annuity Provided alwayes likeas it is hereby expresly provided that where Valuations are lawfully led against all parties having interest and allowed by former Commissions 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 in respect of His Majesties Annuity except it be proven that collusion was used betwixt the Titulars and Heretors or betwixt the Proctor-fiscal and Heretors and Titulars which collusion is declared to be where the Valuations are led with the diminution of the third of the just Rent which diminution shall be proven by the parties oaths And albeit all the Acts of the pretended Parliaments in the years one thousand six hundred and fourty one thousand six hundred and fourty one and thereafter are declared by an Act of this Parliament null and of no avail in all time coming Yet it is hereby Declared That all and whatsoever Valuations Acts Sentences and Decreets done and past by any Commissions granted by the saids pretended Parliaments with all executions used or to be used thereupon are and shall be as valide in all time coming as if the saids Valuations Acts Sentences and Decreets had been given and pronounced by persons legally impowered to that effect any thing in the foresaid rescissory Act to the contrary notwithstanding Excepting such Decreets of valuation modification of Stipends or augmentations thereof past and granted since the year one thousand six hundred and thirty seven whereby the saids Archbishops or Bishops are prejudged of any part of their Rents whereof they were in possession in the said year thirty seven
the Gates of Drumlanrig Modification and Recommendations for some suffering Ministers Proclamation for the anniversary Thanks-giving Act concerning the Earl of Mortun and Town of Rirkwall Act for yearly Fairs in Corstorphin Act in favours of the Lord Fraser for his Title of Lord Fraser Act betwixt the Lord Burghly and Shire of Fife Act in favours of Alexander Bruca Brother to the E. of Kincarden Act anent the Chapter of Argyl and Glenorchies Protestation against it Act in favours of the Inhabitants of Orknay Act for relief of those who were over-burdened in their Levies in anno 1649 for their concurrence in the Engagement in anno 1648. Act concerning the Ministers of Edinburgh Act rescinding the pretended forfeiture against Harthill Act in favours of the Earl of Perth and others for some monies due to them by the Shire of Perth ☞ Commission for the Creditors of forfeited persons Act for keeping the Registers of Session in the Parliament-house Decreet Marquess of Huntly cont Innes Cromarty Rob. Foulis c. Decreet Laird of Haddo contra Lesly Act of dissolution of the Earldom of Orknay Decreet Macklaud contra Mr. David Drummond c. Decreet Sir James Mackdonald contra Mackconochie Inera Act for changing the Way betwixt the south Ferry and Cramona ☞ Act in favours of the Town of Edinburgh Decreet against Archibald Campbel Decreet of forfeiture against Ardkinlass and Ormsay Act in favours of the Lord Lyon Act for an Arch-deanry in the Isles Act in favours of Sir Robert Fletcher Decreet Mrs. Whaley contra Lamintoun Act for changing the Mercat-day in Aberdeen Act in favours of the Town of St. Andrews Act for yearly Fairs to the E. Kinghorn Glenerchie Tarbet Haddo Act for two Fairs yearly and a weekly Mercat in Dalmeny Act in favours of the Earles of Queensberry and Annandail Decreet in favours of Mr. Thomas Mackenȝie Act for building a Meal-mercat in Dumfries ☞ Act concerning the Declaration ☞ Act anent the manner of voting by Billets ☞ Act for excepting some persons from publick Trust Act containing some exceptions from the Act of Indempnity Act anent the Children and Posterity of forfeited Persons Act in favours of the Countess of Bransurd and Lady Forrester Act in favours of the Lord Mackdonald Act in favours of Lamont ☞ Act freeing Bishops Vassals from the charges of Commissioners to the Parliament Commission for rectifying the Valuations of Aberdeen Shire Recommendation in favours of John Mein Decreet Dunolich against Campbel ☞ Suspension of publick Debts with References in favours of the Lord Burghly and Lord Carden Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Bishop of Edinburgh Ratification in favours of the Bishop of Galloway Ratification in favours of the Bishop of Brichen Ratification in favours of the Bishop of Argyl Ratification in favours of the Earl of Craufurd and Lindsay Two Ratifications in favours of the Duke of Lenex Two Ratifications in favours of the Earl of Athol Ratification in favours of the Earl of Tullibarden Ratification to Sir John Gilmor of his Lands of Craiglockhart Ratification to the Laird of Morphie Ratification to the Laird of Allardice Ratification to the Laird of Glenorchie Two Ratifications to the Laird of Cromarty Ratification to John Beaton Ratification to the Burgh of Linlithgow Ratification to Sir John Strachan Ratification to Paul Symer Ratification to the Earl of Annandail Ratification to the Earl of Newburgh Ratification to Sir Robert Innes of Muretoun THIRD SESSION ACt concerning the constitution and election of the Lords of the Articles Warrands for personal Protections against Captions for some time to the Lord Sinclar and others Commission for trying of the contrivance and carrying on of the Act of Billeting Decreet and Sentence of forfeiture against Archibald Johnstoun sometime of Waristoun Act ratifying the Remission granted to George Campbel Act for annexing some Kirks to the Deanry of St. Andrews Record of the production of the Duke of Monmouth's Patent to be Duke of Buccleuch Act allowing to the Ministers who served before and in year one thousand six hundred and sixty two the hall of the Stipend due for that year Ratification in favours of Sir Peter Wedderburn Act rescinding a former Act past in the last Session of Parliament anent some Fees acclaimed as due to the Lyons Office ☞ Act concerning the matter of Billeting and a Letter directed to His Majesty thereupon Act for repairing the High-wayes at the Town of Prestoun Warrand for three Fairs to the Town of Newburgh Act concerning the pardoning and restoring the Children of forfeited persons Angus and Donald Mackclauds declared Fugitives ☞ An Imposition for repairing and upholding a Bridge in Claidsdail Warrand for changing the Fair-day of the Town of Clackmannan Reference to His Majesty concerning the Process against Assint Act concerning the Imposition laid on English Commodities Act past in favours of Silk-weavers c. ☞ Act for changing of the name of Souter of late used by some of the name of Johnstoun Act for an Imposition for repairing the High-way betwixt Corstorphin and the Cow-bridge Warrand for changing the Fair-day of the Town of Nairn Commission concerning the Annual-rents due by person forfeited by the Usurpers ☞ Act rescinding the Acts past in the second Session of this Parliament for excepting from publick 〈◊〉 and voting it by Billets Act in favours of Doctor Colvil ☞ Act concerning the riding of the Parliament and the Penalties of such as shall be absent from it Decreet betwixt Sir Arthur Forbess and the Lord Cochran Act in favours of Mr. John Wilkie Act anent the vacand Stipends in Argyl and Isles Act for repairing the Bridge of Tullibody Act for the disposal of some vacand Stipends Act for the Bridge of Dalkeith Act for upholding the Bridge or Kippon and for two Fairs at the Kirk of Kippon Act for a yearly Fair in the Barony of Caskibon Act for changing the weekly Mercat of Pettenweyms Act in favours of John Halybrunton concerning his Writes ☞ Act appointing the Fines to be payed into any person his Majesty shal appoint Act in favours of the Captain of Dunstaffnage and others Two Fairs yearly to be kept in the Barony of Preston The Fairs granted to the Town of Whitchorn changed in the dayes and dyets thereof Decreet the Earl of Rexbrugh contra Sir John Weymes Act for two Fairs and a weekly Mercat in Stanbyve Act concerning the making of Cairds Recommendation in favours of the Marquess of Montross Warrand for two Fairs and weekly Mercat to the Laird of Drum Warrand for paying of some debt due by the Shire of Dumfries ☞ An Act and Ratification of the Contract of Marriage betwixt the Duke and Dutchess of Buccleuch and Warrand for registrating the Contract Act concerning the Stipend of the Ministers of the Cannongate Remit the Duke of Hamiltoun contra Lady Forrester Warrand for two Fairs and for changing the Mercat-day of the Barony of Skirling Warrand for a yearly Fair on the Brae of Athol Act for a Fair and weekly Mercat on the Lands of Kinudy● Act concerning Broomhalls Writes Act for an Imposition for repairing and keeping up the Bridge of Sauchtonhall and Clegorn Remit to the Session concerning the eighty thousand marks claimed from the Burroughs Lamonts Process against George Campble remitted to the Session Recommendation in favours of some suffering persons Commission for ordering the prices of Offices Writes and Seals Act suspending execution for publick debts untill the next Parliament Act concerning the Zetland Company of White-fishing remitted to the Council Act for a yearly Fair in Paisla Remit to the Council anent the Act for Trade Warrand for changing a Way near Leiainton Act for renewing the Justices of Peace Ratification in favours of Sir Andrew Aiton Ratification in favours of the Lords of the Session Ratification in favours of David Souter Ratification in favours of Mr. Alexander Foulis of Ratho Ratification in favours of the Bishop of Aberdeen Ratification in favours of Sir Robert Sinclar of St●iustoun Ratification in favours of Mr. Robert Sinclar of Longformaeus Ratification in favours of Thomas Hamiltoun of Bathgate Ratification in favours of William Prestoun of Valifield Ratification in favours of Mr. Robert Prestoun of that ilk Ratification in favours of Michael Balfour of Pitmedden Ratification in favours of James Campbel and his Son Ratification in favours of John Malcolm Ratification of a mortification in Perth Ratification in favours of George Home of Kames ☞ Ratification in favours of the Earl of Craufurd and Lauderdail the Lord Parbroth the Lairds of Hatton and Ardross Colonel Lesly and James Seot of their Gifts of Mines and Minerals Ratification in favours of James Dickson Ratification in favours of the Burgh of Whitehorn Ratification in favours of Sir John and Mr. Alexander Gibson Ratification in favours of the Earl of Rothes Ratification in favours of the Earl of Dumfermliur Ratification in favours of Sir John Home of Remon Lord Justice Clerk and Protestation for Sir Alexander Home and Wedderburne against it Ratification in favours of William Soot of Ardross Rat. to the Town of Edinburgh of their right to the Citadel Ratification in favours of Captain Lookhart FINIS
LAWS and ACTS Past in the Third SESSION 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 from the eighteenth of June 1663. to the ninth of October thereafter on which day the the Parliament was dissolved By a Noble Lord John Earl of Rothes Lord Lesly and Bambreith His MAJESTIES Commissioner for holding the same by vertue of a COMMISSION under His MAJESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament EDINBURGH Re-printed by Andrew Anderson Printer to the King 's most Excellent MAJESTY Anno DOM. 1674. CUM PRIVILEGIO LAWS and ACTS past in the third SESSION 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 Begun at Edinburgh upon the eighteenth of June 1663. and continued to the ninth of October thereafter I. ACT against separation and disobedience to Ecclesiastical Authority FOrasmuch as the King's Majesty considering the prejudices which did ensue to the Church and Protestant Religion to the Prerogative of the Crown to the Authority of Parliament to the Liberties of the Subject and to the publick Laws and Peace of the Kingdom by the invasions made upon Episcopal Government during the late troubles and finding that Government to be the Church government most agreeable to the word of God most convenient and effectual for preservation of Truth Order and Unity and most suteable to Monarchy and to the Peace and Quiet of the State Hath therefore with advice and consent of his Estates of Parliament by several Acts past in the second Session of this Parliament restored the Church to it 's ancient and right Government by Archbishops and Bishops and hath redintigrated the estate of Bishops to the exercise of their Episcopal Function and to all the Priviledges Dignities Jurisdictions and Possessions due and formerly belonging thereunto And in further order to the settlement of the Church and bringing the Ministers to a due acknowledgment of and complyance with the Government thereof thus established by Law His Majesty with advice foresaid hath also Statute and Ordained That all these Ministers who entred to the Cure of any Paroch without Right or Presentations from the lawful Patron in and since the year one thousand six hundred and fourty nine and should not betwixt and the twentieth of September last obtain Presentations from their several Patrons and Collation from the Bishop of the Diocess where they lived should have no right to the uplifting the Rents of any Benefice or Stipend for the year one thousand six hundred and sixty two but that their Places Benefices and Kirks should be ipso jure vacand And that whatever Ministers should without a lawfull excuse to be admitted by their ordinary absent themselves from the diocesian Assembly or who should not concur in all the Acts of the Church-discipline as they should be thereunto required by the Archbishop or Bishop of the Diocess should be for the first fault suspended from their Office and Benefice till the next diocesian Meeting and if they amend not should be deprived and the Church and Benefice to be provided as in other cases of vacancies And the King's Majesty having resolved to conserve and maintain the Church in the present State and Government thereof by Archbishops and Bishops and others bearing office therein and not to endure nor give way or connivance to any variation therein in the least Doth therefore with advice and consent of His Estates conveened in this third Session of His Parliament Ratifie and Approve the afore-mentioned Acts and Laws made in the two former Sessions of Parliament in order to the setling of Episcopal Dignity Jurisdiction and Authority within this Kingdom and Ordains them to stand in full force as publick Laws of the Kingdom and to be put to further execution in all points conform to the tenor thereof And in pursuance of His Majesties Royal resolution herein His Majesty with advice aforesaid doth recommend to the Lords of His Majesties Privy Council to take speedy and effectual course that these Acts receive ready and due obedience from all His Majesties Subjects And for that end that they call before them all such Ministers who having entred in or since the year one thousand six hundred and fourty nine and have not as yet obtained Presentations and Collations as aforesaid yet dared to preach in contempt of the Law and to punish them as seditious persons and contemners of the Royal Authority As also that they be carefull that such Ministers who keep not the diocesian Meetings and concur not with the Bishops in the Acts of Church-discipline being for the same suspended or deprived as said is be accordingly after deprivation removed from their Benefices Glebs and manses and if any of them shall notwithstanding offer to retain the possession of their Benefices or Manses that they take present course to see them dispossest and if they shall thereafter presume to exercise their Ministry that they be punished as seditious persons and such as contemn the Authority of Church and State And as His Majesty doth expect from all His good and dutifull Subjects a due acknowledgment of and hearty complyance with His Majesties Government Ecclesiasticall and Civil as it is now established by Law within this Kingdom and that in order thereunto they will give their chearfull concurrence countenance and assistance to such Ministers as by publick Authority are or shall be admitted in their several Paroches and attend all the ordinary Meetings for divine Worship in the same So His Majesty doth Declare That He will and doth account a with-drawing from and not keeping and joyning in these Meetings to be seditious and of dangerous example and consequence And therefore and for preventing the same for the future His Majesty with advice and consent of His Estates in Parliament doth hereby Statute Ordain and Declare That all and every such person or persons who shall hereafter ordinarily and willfully withdraw and absent themselves from the ordinary Meetings of divine Worship in their own Paroch Church on the Lords day whether upon account of Popery or other disaffection to the present Government of the Church shall thereby incur the pains and penalties under-writren viz. Each Nobleman Gentleman and Heretor the loss of a fourth part of ilk years Rent in which they shall be accused and convicted and every Yeoman Tennent or Farmer the loss of such a proportion of their free moveables after the payment of their Rents due to their Master and Landlord as His Maejesties Council shall think fit not exceeding a fourth part thereof and every Burgess to lose the libertie of Merchandizing Trading and all other Priviledges within Burgh and fourth part of their moveables And His Majesty with advice foresaid doth hereby
authorize and require the Lords of His Majesties Privy Council to be carefull to see this Act put to due execution and for that end to call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by him so attested shall be given up to the Council as transgressors of this Act in with-drawing from their Paroch Churches as aforesaid and the same after hearing of the parties being duely found to decern and inflict the censures and penalties above-mentioned and such other corporal punishment as they shall think fit and direct all execution necessary for making the same effectual and to do every other thing they shall find necessary for procuring obedience to this Act and putting the same to punctual execution conform to the tenor and intent thereof II. Additional ACT concerning the Declaration to be signed by all persons in publick Trust FOrasmuch as by an Act past in the second Session of this Parliament on the fifth of September last concerning the Declaration to be taken by all persons in publick Trust It is remitted to His Majesties Commissioner to take such course as he should think fit how these who are presently in Office may subscribe the Declaration And the King's Majesty being resolved that all in publick Trust should without further delay sign the same But considering that in this vacand time many of the Courts of Justice do not sit so as some longer time must be allowed unto them Therefore the King's Majesty with advice and consent of His Estates in Parliament Statutes and ordains all persons who enjoy or possess any publick Trust or Office within this Kingdom as Officers of State Members of Parliament Privie Councellors Lords of the Session Commissioners in Exchequer all members of the Colledge of Justice Sheriffs Stewarts ●ailies of Regalities Commissaries Justices of Peace and their respective Deputes and Clerks and all who enjoy any other publick Charge Office or Trust within the Kingdom to subscribe the Declaration thereunto subjoyned in presence of the several Courts they relate to betwixt and the eleventh of November next to come or sooner as they shall have occasion or be required thereto by His Majesties Council Discharging hereby all such of them who shall not sign the same as said is to exerce any publick Trust or Office within the Kingdom after the said eleventh of November And that a speedy account may be returned hereof It is hereby Ordained that the Sheriffs in the several Shites be carefull in requiring due obedience to this Act and that they and all others concerned therein make report thereof to His Majesties Council betwixt and the first of January next to come And seing the election of the Magistrates and Council of Burghs will occur about Michaelmass next and that some disaffected persons in Burghs having none or small advantages by their Magistracy may upon account of this Declaration refuse to accept any Charge or Trust It is therefore by His Majesty with advice foresaid Statute That at the next ensuing election of Magistrates within Burgh all such persons who shall continue in or be of new elected to be Magistrates Clerks or of the Council of Burghs shall at such their elections if they be present or otherwise how soon thereafter they shall be required thereto by those who did elect them sign the Declaration aforesaid Declaring hereby all who shall refuse or delay the same to be from thenceforth not only incapable of and to have forfaulted the priviledges of a Magistrate but also all the priviledges of Merchandizing Trading and others belonging to a Burgess And that the several Burghs make report of their proceedings therein to His Majesties Council betwixt and the foresaid eleventh of November as they will be answerable upon their duty and alleagiance And for such as shall hereafter be admitted to any publick Trust or Office they are to sign the Declaration in the maner and under the certifications exprest in the former Act of Parliament of the fifth of September And His Majesty doth hereby recommend to the Lords of His Majesties Privy Council to be carefull that these Acts be put to due execution and receive obedience conform to the tenor thereof I Do sincerely affirm and declare that I judge it unlawfull to Subjects upon pretence of Reformation or other pretence whatsoever to enter into Leagues and Covenants or to take up Armes against the King or these Commissionate by Him and that all these Gatherings Convocations Petitions Protestations and erecting and keeping of Council-tables that were used in the beginning and for carrying on of the late troubles were unlawfull and seditious And particularly that these Oaths whereof the one was commonly called The National Covenant as it was sworn and explained in the year one thousand six hundred and thirty eight and thereafter and the other entituled A Solemne League and Covenant were and are in themselves unlawfull Oaths and were taken by and imposed upon the Subjects of this Kingdom against the fundamental Laws and Liberties of the same And that there lyeth no obligation upon me or any of the Subjects from the saids Oaths or either of them to endeavour any change or alteration of the Government either in Church or State as it is now established by the Laws of the Kingnom III. ACT against Protections THe King 's most Excellent Majesty being carefull that the benefit of the Law in the administrations of Justice be free to all His Majesties good Subjects And considering the prejudices many have formerly sustained in the stopping of the course of Justice by the too frequent granting of Protections against personal execution Therefore and for preventing of the like for the future His Majesty with advice and consent of His Estates in Parliament Doth Ratifie Approve and Renew all former Acts of Parliament made against the granting of Protections And Dischargeth the Lords of His Majesties Privy Council Session and Exchequer to grant Protections to any persons against personal execution certifying such as shall grant the same they shall be lyable for the debt against which they grant the Protection and all execution shall pass against the havers thereof as if the same had not been granted It is alwayes hereby Declared That notwithstanding hereof it shall be free to the Lords of His Majesties Privy Council Lords of Session and Exchequer and to the Justice-general and His Deputes when any person or persons are summoned and appointed to appear personally before them to give order now as they have been in use formerly to do for suspending personal execution against the persons so summoned and appointed to appear for such few dayes as they may come to give their appearance and during their necessar stay and some few dayes for their return and that according as the saids respective Judges shall find reason upon the particular applications to be made thereupon IV. ACT for the establishment and constitution of a National Synod FOrasmuch as the
hurt sustained by His Majesties Lieges by the fraudulent dealing of Pewterers in mixing the finer sort of Tin brought from England France Flanders and other parts beyond sea with baser and courser mettal of Tin and Lead and their exacting greater prices betwixt the new Pewter casten by them and the old which they receive from the Lieges For remeid thereof it is Statute and Ordained that the Pewterer or Founder of Tin shall put the mark of the Thistle and the Deacons mark with his own name upon every peece of work that he happens to cast and that the same shall be of the finest of the Pewter marked with the Rose in England And in case the same be under the finest of the said Pewter of England that the same shall be confiscat and he punished in his person at the discretion of the Magistrates of the Burgh where he dwels And to that effect that there be a Say master appointed by the Magistrats in each Burgh for trying of the same As likewayes that he shall take betwixt the pound of old Pewter and Tin marked with the Rose foresaid and the pound of new casten by him two shillings Scots allanerly under the pain foresaid VIII ACT anent the discharging of advocations for sums within two hundred merks OUr Soveraign Lord and Estates of Parliament considering the manifold prejudices and troubles arising to divers of all His Majesties Lieges in pursuing of maters of smal importance by the too frequent granting of Advocations from inferiour Judges Therefore our said Soveraign Lord with advice and consent of the saids Estates Discharges the Lords of Session from giving and granting Letters of Advocation of any actions intended or to be intended before whatsoever inferiour Judicatories which may competently by the Laws of the Kingdom he decided by the saids inferiour Judges before whom the said Action is or shall be intended for sums of money within two hundred Merks or for any other cause whereunto by the Laws of the Kingdom the saids inferiour Judges are expresly appointed Judges IX ACT in favours of Minors anent the duties of the Lands comprised from them OUr Soveraign Lord considering the favourable condition of Minors who are often-times destitute of Tutors and Curators and though they have them yet in respect of their minority they are not in capacity or credit to raise sums of money for satisfaction of their Creditors And it being unreasonable that their Creditors comprisers of their Estate should during the not expiring of the legall reversion which according to Law continues during their minority have more advantage by their Estate then corresponds to the Annual rent of the true sums owing to them by vertue of their comprisings Doth with advice and consent of His Estates of Parliament Ratifie and Approve the Act of Parliament made in August one thousand six hundred and twenty one Cap. 6. in so far as the same concerns Minors And Declares that the true meaning thereof was and is that Minors having right to the legal reversion should be no further obliged during their minority of twenty one years of age but allanerly for the Annual-rent of the sums contained in the comprisings and that they lose not the right of the super-plus of the mailes and duties of the Lands so far as the same exceeds the said Annual-rents during their said minority X. ACT against exportation of money forth of the Kingdom THe Estates of Parliament considering how much the Kingdom is impoverished by the daily exportation of money forth of the same and that the making use of our own native Commodities for furnishing us with these things which formerly were brought to us from forraign places is by the commendable industry of several deserving Countrey-men and ingenious Artists much improved And that in order to their encouragement and that our own native Commodities may go the better off necessar it is that some more severe restraint then formerly be laid upon the exportation of money Therefore the King's Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That no person or persons whatsoever shall trade or use merchandize with any other Nation till first they take an Oath before the Lord Thesaurer or Thesaurer-depute or before such persons as they shall appoint for that effect that they shall not export by themselves or others directly or indirectly by Sea or Land any Gold or Silver coyned or un-coyned except such a sum as they shall declare upon oath before the said Lord Thesaurer Thesaurer-depute or these appointed by them as said is to be necessar for making of their voyage to the Port where they are going and that if he know any money transported by any other person he shall delate the same to the Lord Thesaurer Principall or Depute or to the foresaid persons appointed by them As likewise every Skipper shall before he make any voyage after the publication hereof to any other Kingdom or Nation take an Oath before the said Lord Thesaurer or Thesaurer-depute or these appointed by them for that effect that he shall not himself transport not suffer any Gold or Silver coyned or un-coyned except as is above-excepted and except the sum of threescore pounds at most which every Passenger is hereby allowed to carry forth of the Countrey for his necessar spending to be transported in the Ship wherein he is Master and that he shall use his outmost endeavour for discovery of the same if any be And that if after he hath made sail it shall come to his knowledge that there is any money concealed in his Ship or in any other Ship he shall at his return delate the same to the Lord Thesaurer Principal or Depute or to those appointed by them for that effect and which persons appointed by them are hereby required to give timeous notice thereof to the said Lord Thesaurer or Thesaurer-depute under the penalty of the half of the money informed to have been transported And sicklike the saids Oaths shall be rene wed and taken before the saids Lord Thesaurer or Depute or these appointed by them as said is by all Skippers and Merchants at the making of every particular voyage and both the saids Oaths shall be subscribed by the respective parties and infert in the Books of Exchequer or in the books of these persons appointed by the Lords Thesaurer or Depute for that effect for which Extracts they shall pay to the keepers of these Registers twelve shillings Scots alla nerly the one thereof to be carried to the Customer and infert in their Books gratis the other to be carried to the keeper of the Cocquer and insert in His Books gratis And it is further Statute and Ordained That in case any Merchant or Skipper shall after the publication hereof trade with or make any voyage to any other Kingdom or Nation before the taking of the saids Oaths and production of the Extracts thereof to the Customer and keeper of the Cocquet that then they
narrow Cloath two pounds eight shillings upon ilk ell of Searge thirty shillings upon ilk ell of Castilians fourty eight pounds upon ilk Beaver-hat twenty four pounds upon ilk Demy-beaver and Vigon and three pounds upon the piece of ilk common Hat thirty six pounds upon ilk dozen of worstead Stocking twenty four pounds upon the duzon of Stag-gloves and twelve pounds upon the dozen of single Stags Cordiva●s Kid or Shiverings and twenty four shillings upon ilk pound of Tobacco imported either for sale or private use into this Kingdom from England all Scots money Be exacted levied and collected and fourscore per cent upon all other sorts of Commodities imported into this Kingdom from England and not particularly named in this Act and upon all the growth and manufactury of that Kingdom though imported from any other place and that over and above all other impositions upon the same already And to the effect this present Act may be the more exactly put to execution It is Statute and Ordained That all Goods imported from England or of the growth and manufactury of England not above particularly exprest shall be valued after sighting by two skilfull honest men upon oath to be nominate by the Dean of Gild or his assessors or Magistrates of the Burgh or next adjacent Burgh to the Custom-office where the saids Goods are entered or by the oath of the party to whom the saids Goods belongs and accordingly pay the said fourscore per cent And the Lords Thesaurer and Thesaurer-depute and Lords of His Majesties Exchequer are hereby required to take an Oath and bond with sufficient Caution from the Farmers Collectors of the saids impositions that they shall exactly collect the same without any abatement thereof directly or indirectly and that they shall not suffer any of the saids Goods to pass or be conveyed away unentered and that under the penalty of the worth of the saids Goods if the contrary shall be made appear the one half thereof to His Majesties use and the other half to the informer and under the pain of forfaulting their Tacks and Commissions and being declared incapable to farm or collect in any time hereafter any Custom Excise or other Imposition whatsoever within this Kingdom And if any of the foresaids Goods or Commodities shal be informed and made appear to be brought in or shal be seized upon not being entered in the Custom-office or any other Office appointed for that effect then the same to be wholly confiscat the one half to His Majesties use and the other half to the first informer or seizer thereof XIII ACT imposing a Custom upon Corn imported from Ireland into this Kingdom THe Estates of Parliament considering what great sums of money are carryed out of the Kingdom by persons importers of Corn hither from Ireland who having sold their Corns export the money without battering any of the Commodities of this Kingdom whereby the whole Nation particularly those near adjacent parts of the Kingdom are much impoverished of money And that it is just and reasonable that the said Corns should bear Custom toward the increase of His. Mjesties Revenue proportionably with other imported Commodities especially when the Corns of this Kingdom are sold at easie rates Therefore the King's Majesty with advice and consent of His Estates of Parliament Doth hereby imposs three pounds Scots of Custom upon ilk boll Linlithgow measure of Corn imported into this Kingdom from Ireland after the first day of September next and appoints thirtie shillings Scots to be raised upon ilk boll already imported and not yet retailed conform to an Act of the Committee of Estates made thereanent in anno one thousand six hundred and sixty But least the more indigent sort of people might be prejudged by hightning the prices of the saids Corns in time of dearth under pretence of the said Custom Therefore the King's Majesty with advice and consent foresaid doth hereby give power to the Lords His privy Council to remit and discharge the exacting of the said Custom when they shall find the prices of the Victual of this Kingdom Meal and Barley respective to exceed eight pounds the boll And appoints the Lords of His Exchequer to cause put this Act to full execution and cause the foresaid Custom be exactly levied with power to them to allow such fies to the Collectors thereof as they shall think fit XIV ACT for in-bringing of His Majesties Rents FOrasmuch as His Majesty and Estates of Parliament taking to their consideration the great contempt and neglect of the several Fewers and others lyable in payment of His Majesties Rents where through notwithstanding of the diligence and endeavours of His Majesties Thesaurer principal Thesaurer-depute and others His Majesties Officers appointed for the management of His Majesties Revenue the same are not payed or otherwise so unseasonably payed that it proves a great hindrance and prejudice to His Majesties Affairs And finding several Acts of Parliament made for the timeous and seasonable payment of His Majesties Rents as well constituting the time and sitting of Exchequer to the effect that the persons lyable in payment might know both the time place and persons where when and to whom they should compt and make payment of the saids Duties as also such sensures and penalties as might induce them to due obedience thereto Particularly the sixty third Act Par. eleventh Holden by His Majesties Grand-father of blessed memory in anno one thousand five hundred and eighty seven Ordaining the Exchequer to sit down the first day of July yearly and to continue to the last day of August thereafter requiring not only the Thesaurer Comptroller Collector their Deputes and other Officers to be present and give their attendance during the said time but also all persons lyable in payment who ought to make compt in Exchequer to be charged by Precepts to compear thereat under the pain of fourty pounds to be up-lifted by the Thesaurer Ordaining Letters of Horning to be directed against them for payment thereof and that the saids persons do attend for making of the saids accompts to the close thereof and in case of disobedience to the said Precept that they be charged of new at the Mercat-cross of Edinburgh and in case of their disobedience to the said charge to be denounced Rebels at the said Cross which denuonciation is declared to be as sufficient as if the same were at the head Burgh of the Shire where the person liveth and that the Horning be registrate in the Thesaurers books or Sheriff books of Edinburgh And sicklike by the sixty fifth Act of the said Parliament All Chamberlains and other Receivers of His Majesties Rents as well heretable as moveable are ordained to find caution to the Thesaurer in Edinburgh for making compt at the ordinar time of Exchequer and payment within twenty dayes after the terme And also by the eighty Act of the said Parliament it is Ordained that Letters be directed charging the