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A58642 The laws and acts of the second 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, the 19. of October, 1669. By a noble Earl, John Earl of Lauderdail, Viscount Maitland, Lord Thirlestane, and Bolton, &c. 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. Extracted from the records of Parliament, be Sir Archibald Primerose of Chester, knight and barronet, clerk to His Majesties Council, Registers and Rolls.; Acts. Scotland.; Primrose, Archibald, Sir, 1616-1679. 1679 (1679) Wing S1272; ESTC R217871 33,600 49

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Annexation foresaid shall not prejudge the Bishop of Orknay of his Patrimony and Priviledges belonging to him or of any part thereof and that he and his Successors shall be in the same case as they were before the making hereof And likewayes it is Declared that the Annexation foresaid and the suppressing of the said Office of Sheriff and the erecting of the said Stewartry shall be without prejudice to his Majesties Vassals within the said Isles of their Liberty and Priviledge to have and send Commissioners to Parliament to represent them in the same manner as they did or might have done formerly XIV ACT concerning the exportation of Corns December 17. 1669. OUR Soveraign Lord considering that by the eleventh Act of the third Session of His Majesties late Parliament liberty is granted to export Corns of all sorts when they are under the prices following viz. Ilk Boll of Wheat under twelve pounds the Boll Beer and Barley under eight pounds the Boll Oats and Pease under eight merks the Boll And seeing by reason of several Duties formerly imposed upon Corns the exportation thereof hath been hitherto obstructed And his Majesty being desirous for the good of this His ancient Kingdom to give all due encouragement to the export of Corns and to remove every thing which may impede the same Hath therefore thought fit Likeas His Majesty with advice and consent of His Estates of Parliament doth Statute and Declare That all Corns which shall be exported in time coming by His Majesties subjects forth of this Kingdom shall be free and are hereby discharged of the payment of Custom Bullion and all other Duties whatsoever except one Merk scots allenerly for ilk Chalder And lest any considerable prejudice should thereby ensue to His Majesties Customs it is Statute and Ordained That the Duties after-mentioned are and shal be imposed upon the Commodities following viz. Ten shillings scots upon ilk Barrel of Tar and twenty shillings scots upon ilk Tun of Iron imported into this Kingdom and that over and above all former Impositions put thereon and the Customers Collectors and their deputies are hereby appointed and impowered to uplift the same accordingly And for preventing any debates that may arise anent the respective prices of the Victual when the same are under or above the rates exprest in the said Act His Majesty with advice foresaid doth recommend to and authorizeth the Lords of Privy Council to determine the same And Declares that it shall be lawful to His Majesties Subjects to export Corns of all sorts unless by a Proclamation or publick Intimation from the saids Lords of Council they be prohibited and discharged to do the same And Ordains this Act to begin and take effect upon the second day of February next to come XIV ACT for regulating the prices of Ale and Drinking-beer and Maltmen December 23. 1669. OUR Soveraign Lord considering that it is most agreeable to reason and equity and of universal concernment to all His Majesties Subjects and specially to those of the meaner sort that a due proportion be observed betwixt the price of the Boll of Beer and the Pint and other measures of Ale and Drinking-Beer vented and sold within this Kingdom that thereby the liberty taken by Brewars and Vintners to exact exorbitant prices for Ale and Drinking-beer at their pleasure may be restrained Therefore His Majesty with advice and consent of His Estates of Parliament doth recommend to and authorize the Lords of His Majesties Privy Council from time to time after consideration had of the ordinary rates of Rough-Beer and Barley for the time to regulate and set down the prices of all Ale and Drinking-Beer vented and sold in the several Shires and Burghs of the Kingdom as they shall think just and reasonable And likewayes to set down a Table of proportion betwixt the weight and price of all Bread made of Wheat and the price of the Boll of Wheat in like maner as betwixt the price of the Ale and the Boll of Beer With power to the saids Lords of Council to make and emit such Acts Orders and Directions in relation to the prices of Ale and Drinking-Beer and weight and prices of Wheat-bread and to inflict such censures pains and penalties upon the contraveeners of these Acts and Orders as they shall think fit and to do all other things requisite for execution of the same And in case after settling of the saids prices by the Lords of Council any Brewar shall cease from and give over their brewing or venting of Ale or Beer His Majesty with advice foresaid Declares that they shall not be permitted or allowed to brew or vent any Ale or Beer for the space of one year thereafter and shal be further lyable to such pains and punishments as the Lords of Council shall think fit And further His Majesty taking to consideration that by the twenty ninth Act of the first Parliament of King James the sixth Maltmen are declared to be no Craft and discharged to have a Deacon Which Act of Parliament His Majesty with advice foresaid Ratifies and Approves and Ordains the same to stand in full force and effect in all time coming And that notwithstanding of the said Act and expresly contrair thereto The Provost and Council of Edinburgh have by their Act dated the eleventh of March one thousand six hundred and fourty six ranked Mastmen amongst one of their Trades and Callings discharged any to be admitted thereto within their B●●●ony of Leith but by their Licence with consent of the Calling and have constitute a Box-master amongst them and granted liberty to them to meet and keep correspondence providing the Water-Bailiff be present with them Therefore His Majesty and Estates of Parliament not only Declares the said pretended Act of the Council of Edinburgh to have been null and void from the beginning and Ordains the same to be razed out of their Registers but discharges the said Town or any other Burgh within the Kingdom ever to presume to do the like again And Ordains the said Box to be broken and the Office of Deacon Visitor Box-master or any other pretending to the like power and the pretended Calling or Incorporation and Society of Brewars or Maltmen to cease at Leith and in all other Burghs Towns and Places in the Kingdom With certification that if they shall be found hereafter to meet and keep correspondence amongst themselves upon whatsoever pretence either at Leith Edinburgh or in any other Burgh Town or Place ilk person so meeting shal be lyable in the penalty of five hundred Merks toties quoties whereof the one half to be payed to the informer he proving the same before the Council and this by and attour such personal punishment as the Lords of Privy Council shall think fit to inflict XVI ACT for repairing High-wayes and Bridges December 23. 1669. OUR Soveraign Lord considering how necessar it is for the good of the people that High-wayes be made and maintained
just and necessar it was that the Orthodox Clergy should be protected from the violence of disaffected and disloyal persons Did therefore with advice of His Privy Council by His Royal Proclamations of the fifteenth of March and thirteenth of June one thousand six hundred and sixty seven command and charge all Heretors Liferenters and others having any real Interest or Rent within the several Paroches of the Kingdom to protect defend and secure the Persons Families and Goods of their Ministers not only in the exercise of the Ministerial Function but in their dwelling Houses or being elsewhere within the Paroch from all injuries affronts and prejudices which they might incur in their Persons or Goods from the violence and invasion of any disaffected disloyal or other wicked person With certification if the actors of such outrages should not be apprehended and brought to tryal by the means and diligence of the Parochioners the Parochioners should be decerned to pay to suffering Ministers for reparation damage and interest such a sum and fine as His Majesties Council should determine as is more fully exprest in the saids Proclamations And the Estates of Parliament having taken to their consideration the proceedings of His Majesties Council herein and finding that the protection of the Orthodox Clergy and the restraining of the insolency of disaffected disloyal and wicked persons at this time did require more nor ordinary means and care from His Majesties Council Have therefore thought fit Likeas His Majesty with advice and consent of His Estates doth hereby Ratifie and Approve the two Proclamations aforesaid and the proceedings of His Majesties Council in prosecution thereof and authorizeth them still to prosecute the same as occasion shal offer until His Majesty in His next Parliament give farther Orders therein And it is Declared that this Act is and shall be but prejudice of any former Laws and Acts of Parliament made against the invaders of Ministers and of the pains therein contained And particularly the twenty seventh Act of the eleventh Parliament of King James the sixth and seventh Act of King Charles the first His Parliament in Anno 1633. Which Acts His Majesty with advice foresaid doth hereby Ratifie and Approve and Declares the same to stand in full force strength and effect in time coming VI. ACT. for the ordering of Suspensions of the Benefices and Stipends of the Clergy November 30. 1669. THe Kings Majesty being careful that the maintainance of the Clergy be duely secured unto them and that they be not withdrawn by unnecessar Law-sutes for recovery thereof Doth therefore with advice and consent of His Estates of Parliament Statute and Ordain That no Supension shall be past in time coming against any Archbishop Bishop Minister of the Gospel or Universities and Colledges of any Charges to be given at their instances for payment of the Rents of their Benefices Stipends or Colledge-rents where they have special Decreets against the Heretors or possessors due and lyable in payment thereof to them except upon production of Discharges or consignation of the sums charged for if the Rent of the Benefice or Stipend consist in money or of one hundred merks Scots for ilk Chalder of Victual where the same consists in Victual and proportionally if the Victual charged for be less then a Chalder without prejudice to the Lords of Session to modifie a greater or less sum for the Chalder of Victual as they shall find cause at the discussing of the Suspension And if any Bill of Suspension of a general Charge shal be presented in time of Session That the ordinary Lord upon the Bills before the passing thereof call for the Chargers at the Bar that they may instruct the ground of the Charge And in case it shall be found by the Lords of the Session at the discussing of the Suspension that either the Charge hath been malitiously given or malitiously suspended That the Lords modifie a fifth part of the sum charged for of expenses of Plea to be payed by the malitious Charger or Suspender VII ACT for Naturalization of Strangers December 8. 1669. OUR Soveraign Lord out of His Innate Bounty and Royal Inclination to favour and protect Strangers and for the encrease and promoving of Trade and Manufactories being garciously pleased and willing to give encouragement to Strangers to repair to and dwell and reside within this Kingdom Hath therefore thought fit Likeas His Majesties with advice and consent of His Estates of Parliament doth hereby Statute Ordain and Declare That all Strangers being of the Protestant Religion either such who having Estates shall think fit to bring the same to this Kingdom to dwell and inhabite within the same or who shall come to set up new Works and Manufactories therein and shall repair to and settle their abode dwelling and residence within this Kingdom shall be and are hereby naturalized as native born Subjects of the Kingdom of Scotland and are to enjoy His Majesties Royal Protection the benefit of the Law and all other Priviledges which a Native doth enjoy al 's freely in all respects as if they themselves had been born within the same and that they shall have liberty and freedom of Trade and freedom to buy and purchase Lands Heretages and other Goods moveable and immoveable and to enjoy the same by succession purchase or donation or any other way and to dispose thereof and transmit them to their Heirs and Successors who are to succeed thereunto And to enjoy all other Liberties Priviledges and Capacities which do belong to and are competent or may and shall belong to any native Subject born within this Kingdom And further His Majesty doth Declare that upon applications to be made unto Him by these Strangers He will grant unto them the free and publick exercise of their Religion in their own Languages and the liberty of having Churches within this His Kingdom It is alwayes hereby provided that no person or persons shall have the benefit of this act until first by Petition to the Lords of His Majesties Privy Council containing an exact designation of their names places of their birth and former residence and that they are of the Protestant Religion it be found by the Council that they are qualified according to this Act and ought to have the benefit thereof And it is hereby Declared that these presents with an Extract of the Act of Council in favours of the saids persons to the effect aforesaid shall be unto them a sufficient Naturalization to all intents and purposes Which Extract shall be given to them freely without payment of any money or composition save only the Fee of nine pounds Scots money to the Clerks of Council and their Servants VIII ACT concerning the Bullion December 8. 1669. OUR Soveraign Lord considering that by divers former Acts of Parliament made by the Kings Majesty and His Royal Ancestors and specially by the thirty seventh Act of the first Session of His Majesties first Parliament it is Statute
THE LAWS AND ACTS OF THE SECOND 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 the 19. of October 1669. By a Noble Earl John Earl of Lauderdail Viscount Maitland Lord Thirlestane and Bolton c. 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 Extracted from the Records of Parliament be Sir ARCHIBALD PRIMEROSE of Chester Knight and Barronet Clerk to His Majesties Council Registers and Rolls Edinburgh Re-Printed by the Heir of Andrew Anderson Printer to the Kings Most Excellent Majesty Anno Dom. 1679. CVM PRIVELEGIO CR HONI SOIT QUI MAL Y PENSE LAWS and ACTS made in the second PARLIAMENT our 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 I. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical November 16. 1669. THe Estates of Parliament having seriously considered how necessar it is for the good and Peace of the Church and State That His Majesties Power and Authority in relation to Matters and Persons Ecclesiastical be more clearly asserted by an Act of Parliament Have therefore thought fit it be Enacted Asserted and Declared Likeas His Majesty with Advice and Consent of His Estates of Parliament do hereby Enact Assert and Declare That His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom and that by vertue thereof the Ordering and Disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors as an inherent Right to the Crown And that His Majesty and His Successors may Settle Enact and Emit such Constitutions Acts and Orders concerning the Administration of the External Government of the Church and the Persons imployed in the same and concerning all Ecclesiastical Meetings and Matters to be proposed and determined therein as they in their Royal Wisdom shall think fit Which Acts Orders and Constitutions being recorded in the Books of Council and duly published are to be observed and obeyed by all His Majesties Subjects any Law Act or Custom to the contrary notwithstanding Likeas His Majesty with Advice and Consent foresaid doth Rescind and Annull all Laws Acts and Clauses thereof and all Customs and Constitutions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacy as it is hereby asserted And declars the same void and null in all time coming II. ACT concerning the Militia November 16. 1669. FOrasmuch as by divers ancient Laws an Acts of Parliament made in the Reigns of His Majesties Royal Ancestors it is Statute and Ordained That Weapon-showings be holden in ilke Shire several times in the year at which the Lieges are appointed to be harnished and armed according to their qualities and degrees as at length is specified in these Acts. And it being declared by the fifth Act of the first Session of His Majesties late Parliament That it is His Majesties Prerogative-Royal and undoubted Right to have the power of raising in Armes the Subjects of this Kingdom and of the commanding ordering and disbanding or otherwayes disposing thereof as He shall think fit As also the Estates of Parliament of this Kingdom in recognisance of His Majesties Royal Prerogative foresaid and in a further acknowledgement of their duty Having by the twenty fifth Act of the last Session of the foresaid Parliament made offer to His Majesty of twenty thousand Footmen and two thousand Horsemen sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportion exprest in that Act to be in readiness as they shall be called for by His Majesty to march to any part of His Dominions of Scotland England or Ireland for any service wherein His Majesties Honour Authority or Greatness may be concerned And His Majesty finding it expedient that the foresaid number of Foot and Horse should be modelled and trained in military discipline to the effect they might be in greater readiness and fitness for His Majesties Service when they should be called for Having by advice of His Privy Council constituted and settled a Militia of Horse and Foot in many Shires of the Kingdom according to the proportions mentioned in the foresaid Act and in some other Shires a Militia of Horse only having thought fit in this exigent for important reasons to change their Foot into a proportion of Horse suteable to the charge of their proportion of Foot And having nominated and appointed the Collonels and Lieutenant-Collonels of Foot and Captains of Horse And the Lords of Prvy Council having by His Majesties Order and Warrand appointed Commissioners of the Militia in the several Shires ordered the election of the inferiours Officers appointed particular dayes of Rendezvous the way of listing of Foot-souldiers ordered fit allowances to be given to the Foot and Horsemen every day of the Rendezvous That Collours Standarts Drums and Trumpets be provided at the charge of the Shire and having given several other Orders and Instructions concerning the ordering and disposing of the Militia The Estates of Parliament do in all duty acknowledge His Majesties singular Wisdom and tender Care of this His ancient Kingdom in constituting and settling the foresaid Militia Likeas His Majesty with advice and consent of His Estates of Parliament doth Ratifie and Approve the constitution and model of the Militia as the same is established by His Majesty with advice of His Privy Council And particularly their appointing dayes for Rendezvous ordering fit allowances to be given to the Foot and Horsemen the saids dayes of their Rendezvous And all Acts Commissions Orders and Instructiones past and emitted by the Council concerning the Militia and their whole proceedings relating thereto And Statutes and Ordaines that in all time coming there be allowed to each Footman six shillings Scots and to each Horseman eighteen shillings Scots every day of the Rendezvous to be payed be the Heretors And that the said six shillings to be payed to the Footmen be refounded to the Heretors by the men-tennents and servants for whom the Footmen are put out and who are not listed in the Militia And also Statutes and Ordaines that the Rendezvous be punctually keeped that Horse and Foot be duely outreiked and sufficiently armed that Fractions with their proportions of the price of the Collours Drums Standarts and Trumpets be timeously payed Likeas His Majesty with advice foresaid doth give power and warrand to the Commissioners of the Militia in the respective Shires to fine parties for the Souldiers absence from the Rendeizvous not exceeding six pounds Scots for the Horsemen and two pounds Scots for the Footman absent
same to the knowledge of Inquests and the foresaid Inquests in finding the same to be verified and proven and in giving their verdicts and dooms of Forfeiture theirupon respectivé Have proceeded justly and warrantably upon relevant Libels and clear evidences and probation And therefore do Ratifie and Approve their Proceedings Interloquiturs Verdicts and respective Dooms and Sentences of Forfeiture given and pronounced by them in the said Process viz. The Sentence and Doom of Forfeiture pronounced against Collonel James Wallace Joseph Lermonth _____ Mckclellan of Barscobe Mr. John Welch Mr. James Smith Patrick Listoun in Calder William Listoun his son William Porterfield of Quarreltoun pronounced upon the fifteenth day of August in the year of God one thousand six hundred and sixty seven years And the other Sentence and Doom of Forfeiture pronounced against William Muir of Caldwell _____ Caldwell eldest Son to the Good-man of Caldwell Robert Ker of Kersland Mr. John Cunninghame of Bedland Alexander Porterfield Brother to Quarreltoun John Maxwel of Monreith younger _____ Mckclellan of Belmagahan Mr. Gabriel Semple Mr. John Crookshanks Patrick Mcknaught in Cumnock upon the sixteenth day of August in the said year of God one thousand six hundred and sixty seven years And Decerns and Ordains the saids Process and Dooms and Sentences of Forfeiture foresaid to be valid and effectual to all intents and purposes notwithstanding that the saids persons found guilty and convicted of the crimes foresaid did not compear in the saids Process And Declares that the said Sentence and Dooms of Forfeiture shall be of al 's great force and strength as if the saids p●rsons had compeared or the same had been pronounced in Parliament And His Majesty with consent foresaid doth Approve His said Advocats service in the said affair And in respect it were against reason and justice that when any person or pe●sons are accused of high Treason for rising in Armes against His Majesty or His Authority when they are cited to underly the Law before the Justice if they do not appear that their absence and contumacy which ought to be an aggravation if any can be of so high and horrid a crime should be of any advantage to them Therefore His Majesty with consent foresaid doth Statute and Ordain that in time coming in all such cases of treasonable rising in Armes and open and manifest Rebellion against His Majesty or His Successors and their Authority His Majesties Advocat for the time may and ought to insist against and prosecute such persons as he shall be ordered by His Majesty or His Privy Council to pursue And if they be cited and do not appear the Justice notwithstanding of their absence may and ought to proceed to consider and give their Interloquiturs upon the Libel and if it be sound relevant to admit the same to the knowledge of an Assize and upon the verdict of the Inquest finding the same to be proven the Doom and Sentence of Forfeiture ought to proceed and be given and pronounced in the same manner as if the persons accused had compeared and were present And His Majesty with consent foresaid doth remit to the Justice General Justice-Clerk or Justice-Deputes the Summons and Process of Treason intended at the instance of His Majesties Advocat againist certain persons therein mentioned for their accession to the said Rebellion and depending before His Majesty and the Estates With power to them to proceed notwithstanding of the absence of the saids persons And if the saids Summones be found relevant and proven by the verdict of Inquest to pronounce the Sentence and Doom of Forfeiture thereupon XII ACT concerning the Excise and Customes December 15. 1669. FOrasmuch as many debates questions and inextricable difficulties do and may arise in levying and inbringing of the Excise imposed by the fourteenth Act of the first Session of His Majesties first Parliament to the great prejudice of His Majesty and of the Trade of this Kingdom Therefore and for preventing and clearing of the same and to the effect the said Excise may be more orderly and easily levyed and collected His Majesty with advice and consent of His Estates of Parliament Statutes and Orda●ns That notwithstanding the said Excise is due and payable by the Retailers yet the Importers shall be layable for the same in time coming at the rates contained in the said Act for Wines of all sorts Vinegar and Salt as they are particularly exprest therein and that under the provisions after-specified To wit that what shall not be payed by the Retailers shall be compleatly made up by the Importers within twelve Moneths after the importation thereof for which they are to give sufficient security to the Farmers or Collectors of His Majesties Excise at the entry of the saids Wines which are to be according as they shall be loaded at the Port from whence they came And for the said Importers their greater case and encouragement His Majesty with consent foresaid doth Statute and Ordain that the Collectors or Farmers of His Majesties Excise in all time coming shall grant abatement to the said Importers of the fourth part of the said Excise duties of all Wines and Vinegar imported and entred by them in consideration and upon the account of leckage and decayed Wines and other hazards and inconveniencies And further It is Statute and Ordained for the encouragement and greater ease and advantage of Trade and Merchants that the Importers of all other Goods and Commodities except what is excepted from the duties of Excise by the foresaid Act of Parliament shall pay the Excise thereof according to the Books of Rates for His Majesties Customs and as the saids Commodities are and shall be valued and rated in the same And if any of the saids Commodities be not contained in the Books of Rates the Excise of the same is declared to be five percent according to the value of the said Goods And the Excise of the said Commodities is to be payed at the entring of the same in the Excise-office unless the said Excise-duty exceed the sum of one hundred Marks Scots in which case the said Importers shall be obliedged to give sufficient security for payment of the said Excise-duty within six Moneths after the entring of the same they making it alwayes evident that no Merchant shall make entry of any Goods but what properly belongs to himself And for further encouragment of Trade and Traffick It is Statute and Ordained that all Goods and Merchandise whatsoever imported and which shall be instructed to be really exported within twelve Moneths after the entring thereof shal be free of Excise and in case of payment thereof the same shall be repayed at the exportation of the said Commodities the Importers alwayes making faith that the Commodities exported are the same which were imported and entred and in case bond of security hath been given for the Excise of the said Commodities the same shall be returned unregistrat or discharged if the same be registrat
other persons therein mentioned the saids Lords by their Decreet foresaid have reduced the Contracts Dispositions Infeftments Acts of dissolution and other Rights therein mentioned made and granted by His Majesty and his Royal Father to and in favours of the diseased William Earl of Morton Grandfather to William now Earl of Mortoun and the said George Viscount of Grandistoun of the said Earldom of Orknay and Lordship of Zetland with the Rights also therein mentioned depending thereupon And the saids Lords have found and declared that His Majesty hath good and undoubted Right to the said Earldom and Lordship as His annexed property for the reasons therein contained as the said Decreet at length proports Therefore His Majesty with advice and consent of the Estates of Parliament doth Ratifie and Confirm the said Decreet and Ordains the same to be of full force strength and effect in all time coming holding and willing this their Ratification to be alssufficient and effectual as if the said Decreet and whole tenor of the same were insert herein And His Majesty following the laudable example and practice of His Royal Predecessors doth with consent foresaid Ratifie the said former Annexation of the same to the Crown and without prejudice thereof doth of new again unite annex and incorporate to His Crown of this His ancient Kingdom to remain inseparably with the same in all time coming the said Earldom of Orknay and Lordship of Zetland with all and sundry Isles Holmes Udal-lands and other Lands whatsoever of what name and by what designation soever the same are or may be known lying within the Sheriffdom of Orknay and pertaining to the said Earldom and Lordship and belonging to His Majesty in manner foresaid in Property or Superiority or by any other Right or Title together with all Castles Towers Fortalices Milns Multars Fishings Annual-rents Reversions Patronages of Kirks and Teinds Parsonage and Vicarage pertaining to His Majesty within the bouds foresaid And all and whatsoever Mines of Gold Silver Copper and other Minerals within the foresaid bounds with the heretable Office of Justiciary Sheriffship and Foudrie and Admiralty within the foresaid Isles and belonging to the said Earldom and Lordship with all other Parts Pendicles and Pertinents Casualities Priviledges Juriselictions Offices and others whatsoever pertaining to the same All which His Majesty with consent foresaid doth unite and annex to His Crown Declaring the generality foresaid to be sufficient to the intent and effect foresaid as if each Part Parcel Pertinent Office Patronage or Priviledge belonging to the said Earldom and Lordship were herein exprrst And it is Statute and Declared That the said Earldom and Lordship Lands Teinds and others above-mentioned annexed to the Crown in manner foresaid shall remain therewith in all time coming and that the same or any part thereof shall nor not may be given away in Fee and Heretage nor in Frank-tenement Life-rent Pension or Tack except for the full duty which may be gotten from and payed by the Tennents nor by any other manner of Alienation Right or Disposition whatsoever to any person or persons of whatsoever estate degree or quality they be without advice Decreet and Deliberation of the whole Parliament and for great weighty and reasonable causes concerning the good welfare and publick interest of the whole Kingdom first to be proposed and to be advised and maturely pondered and considered by the Estates re integra before any previous Grant Right or Deed be given made or done by His Majesty or His Successors concerning the disposition of the said Earldom and Lordship or any part thereof which may any wayes predetermine them or the Estates of Parliament and prejudge the freedom of their Deliberation and Consent And if at any time hereafter it shall be thought fit to dispone or grant any Right of any part of the said Earldom and Lordship It is Declared that the general narrative of good services weighty causes and considerations shall not be sufficient but the particular causes and considerations whereupon His Majesty and His Successors may be induced to grant and the Estates to consent to such Rights are to be exprest that it may appear that the same is not granted through importunity or upon private suggestions or pretences but for true just and reasonable causes and considerations of publick concernment And farther it is Declared that if any general Act of Dissolution of His Majesties property shall be made at any time hereafter The said Earldom and Lordship and others above-mentioned and annexed shallnot be understood to fall or be comprehended under the same And if the said Earldom and Lordship or any part thereof shall be annallied or disponed or any Right of the same shall be granted otherwayes then is appointed and ordained in manner above-mentioned His Majesty with consent foresaid doth statute and declare That all Dispositions Infestments and other Rights of the said Earldom and Lordship or any part thereof which shall be granted contrary to this present Act with all Acts of dissolution and Ratification and other Acts of Parliament concerning the same shall be from the beginning and in all time coming void and null and of no effect And notwithstanding thereof that it shall be lawful to our Soveraign Lord and His Successors for the time to take back and receive at their pleasure for their own use without any Process of Law the Lands and others above-annexed or any part thereof which shall be annallied or disponed and these in whose favours any such Rights and Alienations shall be made shall be countable for and lyable to refound and pay all profits intromission or benefit taken uplifted or enjoyed by them in the mean time And it is Declared That all other Clauses Articles and Provisions contained in any former Act or Acts of Annexation to the advantage of His Majesty and His Crown are and shall be holden as repeated and insert herein And farther His Majesty with advice and consent of the Estates foresaid hath suppressed the said Office of Sheriffship and hath erected and hereby erects a Stewartry within the bounds foresaid of the said Earldom and Lordship and Isles of Orknay and Zetland to be called in all time coming The Stewartry of Orknay and Zetland Ordaining the Tenents Possessors and Inhabitants within the bounds foresaid and other persons who were formerly answerable and lyable to the jurisdiction of Sheriffship and Foudrie above-mentioned to be answerable to His Majesties Stewart of the said Stewartry with all Priviledges competent to any Stewartry of His Majesties Property within this Realm Likeas it is Declared and Statute that the foresaid Office of Stewartry shall not be given heretably to any person or persons and their heirs without advice and consent of Parliament in manner above mentioned and all Rights of the same which shall be granted otherwayes at any time hereafter shal be from the beginning and in all time coming null and void It is alwayes Declared that this Act and
poind therefore in manner foresaid and apply the same for the use of the saids High-wayes With power also to the said Justices to call for an accompt of all Destinations and Mortifications to Bridges Causa's Ferries or High-wayes and to cause the intrometters therewith that have not applyed the same to these proper ends to make payment thereof to such persons as they shall appoint to be imployed to the uses for which the same were destinat Likeas His Majesty Ordains the Conveener of the saids Justices to give a particular accompt under his hand of what progress is made in the reparation of the saids High-wayes Ferries and Bridges upon the third Tuesday of July next to come and so forth yearly to the Lords of His Majesties Privy Council who are hereby impowered to grant Letters of Horning and Poinding for the effects foresaid if need be And further His Majesty with consent foresaid gives power to the saids Lords of His Majesties Privy Council to Ordain the levying of moderat Customs at Bridges Causa's or Ferries for the building repairing and upholding thereof in case the saids Stent shall not be able to accomplish the same and to appoint the endurance thereof as they shal see cause With power also to them that in case the saids Justices and Heretors failȝie in the performance of the things by this Act committed to them so that the High-wayes shall not be sufficiently repaired nor Bridges and Ferries sufficiently provided for to take such course for making the same effectual as they shall judge expedient and to punish the saids Heretors and Justices as their neglect shall deserve With power likewayes to the saids Lords of Privy Council to appoint and commissionat Overseers for putting the premisses in execution where they shall see cause which Overseers so appointed shall have the same power as is by this present Act committed to the Justices of Peace foresaid And farther His Majesty Ordains that where laboured Land lyes upon the sides of High-wayes the said laboured Land shall be fenced with Dike and Ditch or Hedge yet so as neither Dike nor Ditch nor Hedge nor any part thereof be within the forementioned breadth appointed for the High-way And in case any laboured Land so lying shal not be fenced betwixt and the first day of August one thousand six hundred and seventy one then and in that case the saids Justices are hereby authorized and required to cause poind in manner foresaid the Labourers of the said Land for four shillings Scots for each eln which shall not be so fenced after the said time and to apply the said fines for the fencing thereof in manner foresaid Likeas it is hereby Declared that whatsoever stones rubbish dung or other impediments beis thrown or found lying upon the saids High-wayes or water turned in or dammed thereupon shall be esteemed and held as done by the Labourers of the Land next adjacent to the High-wayes where the damage is done who shal be fined therefore be the said Justices and Overseers Reserving right to the saids Labourers to call before the saids Justices any other for their relief who have been the real actors of the skaith XVII ACT anent inclosing of Ground December 23. 1669 WHereas by the fourty one Act of the first Session of His Majesties first Parliament entituled Act for planting and inclosing of Ground It is provided that where Inclosers fall to be upon the borders of any mans Inheritance the next adjacent Heretor shal be at equal pains and charges in building ditching and planting that Dike which divides their Inheritance And the Estates of Parliament considering the inconveniency and difficulty the execution of that part of the said Act may meet with in Lands marching together where the Marches are crooked and unequal or where any part of the bordering Ground is unfit or uncapable of bearing a Dike or receiving a Ditch or hinders the compleating of the Inclosure in an equal line For remeid whereof His Majesty with advice and consent of the said Estates doth Statute and Ordain That whensoever any person intends to inclose by a Dike or Ditch upon the March betwixt his Lands and the Lands belonging to other Heretors contiguous thereunto it shal be leisome to him to require the next Sheriffs or Bailiffs of Regalities Stewarts of Stewartries Justices of peace or other Judges Ordinar to visit the Marches alongst which the said Dike or Ditch is to be drawn who are hereby authorized when the said Marches are uneven or otherwayes uncapable of Ditch or Dike to adjudge such parts of the one or other Heretors Ground as occasion the inconveniency betwixt them from the one Heretor in favours of the other so as may be least to the prejudice of either party and the Dike or Ditch to be made to be in all time thereafter the common March betwixt them and the parts so adjudged respective from the one to the other being estimat to the just avail and compensed pro tanto to decern what remains uncompensed of the price to the party to whom the same is wanting And it is hereby Declared that the parts thus adjudged hinc inde shall remain and abide with the Lands or Tennandries to which they are respective adjudged as parts and pendicles thereof in all time coming XVIII ACT anent Adjudications December 23. 1669 OUR Soveraign Lord taking to consideration that by several Acts of Parliament and constant Practick of the Kingdom there is one years Rent of all Lands Annual-rents or others apprised due and payable to the Superior of the saids Lands and others before he be holden to enter and infeft the Compriser and that there is the same reason in cases of Adjudications as Apprisings Therefore His Majesty with advice and consent of the Estates of Parliament Statutes Ordains and Declares That the Superiors of Lands Annual-rents and others adjudged shall not be holden to grant any Charter for infefting the Adjudger till such time as he be payed and satisfied of the years Rent of the Lands and others adjudged in the same manner as in Comprisings And Declares that in all cases Adjudications shall be in the like condition with Comprisings as to Superiours XIX ACT concerning the Confirmation and Quots of Testaments December 23 1669. OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes and Ordains That it shal be lawful to Executors at the confirmation of the Defuncts Testament to give up the Debts owing be the Defunct and that the Quot be only payed for the free Geer the Debts being always instructed with power to the saids Executors for instructing of the saids Debts before the Commissar the time of Confirmation to cite the Creditors for production of the Bonds and Instructions of their saids Debts and if the saids Creditors shall not produce the same and yet shall happen thereafter to seek payment from the Executors that then and in that case the Creditors shall be oblieged to relieve the Executors
of a proportion of the Quot payed by them effeiring to the said Debt or otherwayes to allow the same to them And for preventing of all fraud both the Executors and Creditors shall be holden to make faith if required anent the truth and reality of the saids Debts that they were truly resting unsatisfied the time of the Defuncts decease And likewayes Statutes and ordains That in all time coming Executors Creditors be free of paying of Quot in so far as they confirm only for Debts resting to them be the Defunct the time of his decease and thereupon the saids Executors shall be holden to make faith if required notwithstanding of any Instruction produced by them As also the Relict confirming her self Executrix Creditrix and for satisfying of the obliegement of her Contract of Marriage or other Provision made to her by her Husband where there was no Contract of Marriage be also free of Quot in so far as the Inventar extends to five years purchase of the Annual-rent or Life-rent provided to her and that she shall be lyable and pay Quot for the superplus of the free Goods or Debts confirmed And that this be extended to all other Life-renters confirming themselves Executors Creditors As likewayes that poor people not worth in heretable or moveable Estate fourty pounds Scots money have their Confirmation past and registrat free from payment of any Quot and for Fees of Court that they pay only two pounds eighteen shillings Scots And farther it is Statute and Ordained That heretable Debts resting by the Defunct be Infestment Bonds or Contracts bearing obliegement to infest be not allowed be the Commissars at the Confirmation to defaulk off the Inventar in prejudice of the Quot where there is an heretable Estate belonging to the Defunct to satisfie the heretable Debts even though the saids Debts be given up by the Defunct himself or his Executor And likewayes it is Statute and Ordained that Commissars admit of no division in Testaments in favours and upon accompt of the Relict where by her Contract of Marriage or otherwayes she is secluded from all part of her Husbands moveables And if a bipartit or tripartit division be craved be the Executor at the confirmation upon her accompt in that case the Procurator Fiscal shal have power to cite the Relict for production of her Contract of Marriage or to give Oath upon her having thereof or that by the same or any other Writ she is secluded And if it appear either be the said Contract or be any other Writ or be the Relicts Oath that she is secluded from the third or half of the moveables That then the Testament shall be confirmed without division upon her accompt and the Quot payed accordingly And in case there be any exception in the Relicts favours of the Insight and Houshold-plenishing or any part thereof in that case deduction is only to be granted of the quot effeiring to the proportion excepted and reserved in her favours And lastly His Majesty with advice foresaid Statutes and Ordains that in time coming no Charges of Horning be given to any person at the Procurator Fiscals instance for giving up of Inventer but upon a Roll of the persons names to be charged subscribed be the Commissar and that within the space of three years after the Defuncts decease after which time it shall not be leisome to give any such Charges of Horning for giving up of Inventer And for the years preceeding that they shal only charge for giving up Inventer of the Goods of such Defuncts who have deceast since the year one thousand six hundred and sixty And Ordains That Letters of Caption shall not be used against any of His Majesties Lieges for not confirming of Testaments but where the Letters of Horning have been execute against the parties personally or at their Dwelling-houses and Paroch-Kirk-doors on a Sabbath-day after Divine Service And Ordains the Commissars of the respective Diocesses to keep Circuit Courts the time of the Spring and Harvest Vacance for confirmation of Testaments at such convenient places in ilk Presbytery as may be most conducing to the good and ease of the Lieges and whereunto they are to be cited personally or at their Dwelling-places and Paroch-Kirks as said is to the end and effect foresaid With certification that if the Commissar Commissar-clerk Procurator Fiscal or any other Member of Court contraveen this Act the contraveener shall suffer deprivation of his Office and never be re-admitted thereto again beside satisfaction to the party grieved of any damage sustained by him there-through XX. ACT for in-bringing of publick Dues from the Northern Shires December 23. 1669 OUR Soveraign Lord considering that divers persons within the Shires of Ross Sutherland Caithness Argyl Inverness and Burghs within the same are in arrear and deficient in payment of a considerable part of the Annuity of Excise granted to His Majesty in the year one thousand six hundred and sixty one the Taxation and assessment imposed by the Conventions of Estates in the years one thousand six hundred and sixty five and one thousand six hundred and sixty six-notwithstanding of all legal diligence used for in-bringing thereof For obtaining payment of which Arears and for the more effectual and better payment of the said Annuity of Excise in time coming His Majesty with advice and consent of the Estates of Parliament doth Statute Ordain and Declare That the persons deficient and in arrear of the foresaid Annuity of Excise Taxation and Assessment in the said Shires and Burghs within the same preceeding the Moneth of November last and who shal not pay in the same according to their respective proportions to the Receivers and Collectors thereof betwixt and the first day of June next to come shal be lyable in double payment of all such deficiency and arrear without any manner of defaulcation And farther Declares that if for the future three quarters payment of the said Annuity of Excise in the said Shires shall happen to run in the fourth unpayed the feast and term of Candlemas next ensuing being the first terme Then and in that case such Shires Burghs and Persons therein so deficient shall be lyable in payment of the double of the whole years Annuity of Excise toties quoties and all execution personal and real shall be used against them therefore And His Majesty and Estates of Parliament doth hereby Declare That this present Act or any thing therein contained shall no wayes liberate the Commissioners of Excise for the said respective Shires and Burghs from being lyable in the single payment allanerly of the said Annuity of Excise but that they shall still stand oblieged therefore as formerly in maner contained in the Act of Parliament made thereanent XXI ACT Salvo jure cujuslibet December 23. 1669. OUR Soveraign Lord taking to consideration that there be many Acts of Ratifications and others past and made in this Session of Parliament in favours of particular persons
without calling or hearing of such as may be thereby concerned and prejudged Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and Acts of Ratification past in maner foresaid shal not prejudge any third party of their lawful Rights nor of their Actions and Defences competent thereupon before the making of the said particular Acts and Acts of Ratifications And that the Lords of Session and all other Judges within this Kingdom shall be oblieged to judge betwixt Parties according to their several Rights standing in their persons before the making of the saids Acts All which are hereby exponed and Declared to have been made Salvo jure cujuslibet XVII ACT of Adjournment December 23. 1669 THE Kings Majesty Declares this Parliament current and adjourns the same to the eight of June next to come Ordaining all the Members of Parliament to attend that day and that there be no new Election of Commissioners from Shires or Burroughs except upon the Death of some of the present Commissioners A LIST of the Printed ACTS past in the PARLIAMENT keeped at Edinburgh in October 1669. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical Page 3 2. Act concerning the Militia Page 5 3. Act for registration of Instruments of Resignation ad remanentiam Page 9 4. Act concerning poinding before the dayes of the Charge expire ibid. 5. Act for the security of the persons of Minister Page 10 6. Act for the ordering of Suspensions of the Benefices and Stipends of the Clergy Page 11 7. Act for Naturalization of Strangers Page 12 8. Act concerning the Bullion Page 14 9. Act concerning presciptions Page 18 10. Act concerning Interuptions Page 19 11. Act concerning the forfeiture of persons in the late Rebellion Page 20 12. Act concerning the Excise and Customs Page 22 13. Act for annexation of Orknay and Zetland to the Crown Page 28 14. Act concerning the Exportation of Corns Page 32 15. Act for regulating the prices of Ale and Drinking-beer and Maltmen Page 33 16. Act for repairing High-wayes and Bridges Page 35 17. Act anent inclosing of Ground Page 39 18. Act concerning adjudications Page 40 19. Act concerning the Confirmation and Quots of Testaments Page 41 20. Act for inbringing of publick Dues from the Northern Shires Page 43 21. Act Salvo jure cujuslibet Page 44 22. Act of Adjournment ibid. A LIST of the Acts and Ratifications past in in this first Session of His Majesties second Parliament and which are not here printed Rotestations by some Noblemen and others Commissioners from Shires and Burghs concerning their precedency in the Rolls of Parliament His Majesties Letters to the Parliament concerning the Union of the Kingdoms of Scotland and England with the Parliaments Answers Act anent the election of Commissioners from Shires Act for continuing the Imposition for upholding the Caussa of Couiemonth Acts for yearly Fairs and Weekly Mercats to some Noblemen and others Protestation by the Earl of Nithisdale that the forfeiture of Mcklelland of Balmagachan should not prejudge him Protestation by the Vassals of Orknay that they be not prejudged be the present annexation thereof to the Crown Protestation in name of the Duke of Lenox that this annexation do not prejudge his right of Admiralty in Orknay Protestation by the Lord Advocate contra these two Protestations Commission anent the regulation of the Commissar and Sheriff-Courts and other inferiour Courts of Justice Act suspending the payment of publick Debts Protection to William Dick. Ratification in favours of the Duke and Dutchess of Hamiltoun Protestation by the Town of Linlithgow against the same Protestation by the Duke of Hamiltoun in the contrair Two Ratifications in favours of the Earl of Argyl Protestations be the Earl of Errol and others against the same Protestation be the Earl of Argyl in the contrair Ratification in favours of the Lord Newbyth Ratification in favours of Mr. John Young of Leny Ratification in favours of Thomas Moncrief of that ilk Ratification in favours of the Earl of Kellie Ratification in favours of the Lord Stair Ratification in favours of Sir Andrew Fletcher of Aberlady Ratification in favours of Mr. Andrew Oswald and his Son Two Ratifications in favours of Sir John Nicolson of that ilk Ratification in favours of Mungo Graham of Gorthie Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Earl of Perth Ratification in favours of the Earl of Roxburgh Ratification in favours of Sir Alexander Frazer of Dorrs Ratification in favours of Sir Robert Cunningham of Achinharvy Ratification in favours of William Murray of Ochtertyre Ratification in favours of Sir James Drummond Ratification in favours of Sir John Forbes of Wattertoun Protestation in name of the Town of Aberdeen against the same Ratification in favours of the Earl of Tweedale Ratification in favours of Sir Hary Bruce of Clackmannan Ratification in favours of Sir Alexander Don of Newtoun Ratification in favours of Sir Patrick Home of Polwart Ratification in favours of Sir Charles Erskine of Cambo Ratification to him of his Office of Lyon King at Arms. Ratification in favours of Sir Philip Anstruther Ratification in favours of David Fothringhame of Pourie Ratification in favours of the Earl os Middleton Ratification in favours of the Earl of Dundonald Ratification in favours of the Lord Lee. Ratification in favours of Sir John Keith of Caskieben Ratification in favours of the Master of Ross Ratification in favours of John Forbes of Cullodin and his Son Ratification in favours of David Blair of Adamtoun Ratification in favours of William Hamiltoun of Wishaw Ratification in favours of George Dundas of that ilk Ratification in favours of Sir William Ker of Hadden Ratification in favours of Thomas Boyd of Pinkill Ratification in favours of the Minister of North Lieth Ratification in favours of Hugh Wat. Ratification in favours of the Town of Bervie Ratification in favours of Sir Adam Blair of Carberry Ratification in favours of George Fullertoun Ratification in favours of David Philp of Overcarnbie Ratification in favours of Mr. Robert Deens of Longhirdmistoun Ratification in favours of the Earl of Annandale Protestation in name of the Viscount of Stormont against it Protestation be the Earl of Annandale in the contrair Ratification in favours of Sir John and Sir Robert Dalyells Ratification in favours of Mr. John Wishart Ratification in favours of the Earl of Linlithgow Ratification in favours of Sir John Nisbet Lord Advocat Ratification in favours of Alexander Brodie of Letham c. Ratification in favours of Sir William Purvess of Woodhouslee Ratification in favours of the Girdle-makers of Culross Ratification in favours of James Stewart of Torrence Ratification in favours of the Lord Drumlanrig Ratification in favours of the Viscount of Stormont Ratification in favours of Lieutenant-General Drummond Ratification in favours of Sir William Bruce of Balcaskie Ratification in favours of the City of Glasgow Protestation be the Town of Ruglin against it Ratification in favours of the Town of Forfar Ratification in favours of Mr. Andrew Burnet of Weristown Ratification in favours of Sir John Aitoun of that ilk Remit for the Viscountess of Stormant Lord Drumlenrig and Laird of Ednem Act for an Imposition to be uplifted at the North-water Bridge Prorogation of the Imposition for the Bridge of Sauchtenhall Act for changing the Way at Walter Chiesties House at Dalry Recommendation for the Heretors of the Sheriffdom of Berwick concerning their fishing on Tweed Commissions for the fishings in the Waters of Spey and Divern Act anent the Fishings on Spey c. Commission for improving of Trade Act discharging the Custom of Books Act anent the Kirks of Kinneil and Burroughstounness Act concerning the Losses of the Town of Dundee Recommendation in favours of the Masters of the Scots Incorporation at London Continuation of the Lady Bramfords business FINIS