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 Cordivaâ—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
by which the Custom and Bullion imposed upon the Coal should be payed Doth herefore with advice and consent of His Estates of Parliament Statute and Declare That the rates of Custom and Bullion imposed upon the Chalder of Coal is and shall be understood of the Culrosschalder and the saids rate exacted and paid according to that measure allanerly notwithstanding of any former Custom to the contrary XVII ACT anent the Foot-measure THe Estates of Parliament considering that notwithstanding by the ancient Laws of the Kingdom the ell is designed to be thirty seven inches yet many use inches by which the ell is divided into fourty two inches and of those small inches make the Foot-measure of a smaller proportion then it ought to be to the great prejudice of the Lieges and that the occasion of this liberty hath been because that hitherto hath no Standard been appointed for Foot-measures as well as other measures The refore His Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That from and after the first day of June next one thousand six hundred sixty four no Workman nor other person shall make use of any other Foot-measure then such as consists of twelve of these inches whereof the ell contains thirty seven And that this may be the better made practicable to the Lieges Ordains an exact Standard foot to be made by the Magistrates of Edinburgh before the first of January one thousand six hundred and sixty four of Iron or Copper and preserved by the City of Edinburgh for all time coming And that all Burghs shall have a measure made according to it and hung at their Tolbooth doors or upon their Mercat-crosses before the first of March one thousand six hundred and sixty four and any Burgh that shall fall in this shall be lyable to the penalty of one hundred pounds Scots And Ordains That all Wrights Glasiers Masons and all other sorts of publick Work men shall work by this Foot-measure allannerly that the Lieges may not be abused by variety of measures Providing alwayes that this do infer no further priviledge to the Burg of Edinburgh in justing of the Standard to the Shires and Burghs within the Kingdom then the keeping of the same nor to any others that have Standards of the like nature XVIII ACT discharging Munday and Saturday Mercats in Royal Burghs OUr Soveraign Lord considering that there is much occasion given for profanation of the Lords-day in the Royall Burghs by keeping their weekly Mercats on Monday and Saturday and that the same may be as conveniently kept on other dayes of the week Doth therefore with advice and consent of His Estates in Parliament Inhibit and Discharge all the Royal Burghs from keeping any Mercats in time coming upon the Monday or Saturday under the pain of one hundred Merks to be payed by each of the Royal Burghs for every contravention respective And allows them to change and keep their Mercats on other dayes of the week as they have done formerly since the year one thousand six hundred and fourty four and that they make timeous intimation of the change to the next adjacent Burghs It being alwayes Declared that this Act is not to be extended against Fleshers in Royal Burghs who may keep Mercat of Fleshes in their respective Burghs upon these dayes this Act notwithstanding XIX ACT anent Lint-seed Hemp-seed and Steel THe Estates of Parliament taking to consideration the manifold mistakes and differences that do and may arise betwixt the Farmers of excise and Merchants anent the exacting of Excise upon Lint-seed Hemp-seed and Steel which seems to be occasioned because these Commodities are not particularly excepted in the Act of the Annuity from payment of Excise And being certainly informed that the present Farmers of Excise and their Collectors do require and exact duty of Hemp-seed Lint-seed and Steel contrary to the meaning of the said Act of Annuity and of the fourtieth Act of this present Parliament made for encouragement of Manufacturies Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Doth Declare all Hemp-seed Lint-seed and Steel to be included in the generality of the proviso of the said Act of Annuity as also of the said fourtieth Act whereby all materials for Manufacturies are exempted from Excise XX. ACT anent Manses and Glebs and poinding for Ministers Stipends OUr Soveraign Lord considering the great difficulties which often-times the Ministers of the Gospel do meet with in the due payment of their Rents and Stipends So that they are sometimes forced to use legal execution by poinding and in so doing are necessitate to carry the Goods poinded to be apprised at the Mercat-cross of the head Burgh of the Shire Stewartry Bailery or Regality many miles distant from the place where the Goods are poinded to the great prejudice of the party and of the Goods also Therefore His Majesty with advice and consent of the Estates of Parliament Declares That it shall be sufficient to the Ministers foresaid in poinding apprizing and distrenÈying the Goods of the persons deficient in payment of their Rents and Stipend to comprise the saids Goods by honest sworn men upon the ground of the Lands and place where the Goods are which shall be as sufficient as the same were done at the Mercat-crosses And because notwithstanding of divers Acts of Parliament made of before divers Ministers are not yet sufficiently provided with Manses and Glebs and others do not get their Manses free at their entry Therefore our Soveraign Lord with advice foresaid Statutes and Ordains That where competent Manses are not already built the Heretors of the Paroch at the sigh of the Bishop of the Diocess or such Ministers as he shall appoint with two or three of the most knowing and discreet men of the Paroch build competent Manses to their Minister the expences thereof not exceeding one thousand pounds and not being beneath five hundred merks And where competent Manses are already built Ordains the Heretors of the Paroch to relieve the Minister and his Executors of all cost charges and expences for repairing of the foresaid Manses Declaring hereby that the manses being once built and repaired and the building or repairing satisfied and payed by the Heretors in manner foresaid the saids Manses shall thereafter be upholden by the incumbent Ministers during their possession and by the Heretors in time of vacancy out of the readiest of the vacand Stipend In like manner Ordains that every Minister have fewel foggage feal and devots according to the Act of Parliament made in anno one thousand five hundred and ninety three As also that every Minister except such Ministers of Royal Burroughs who have not right to Glebs have grass for one horse and two kine over and above their Gleb to be designed out of Kirk-lands and with relief according to the former Acts of Parliament standing in force And if there be no Kirk-lands lying near the Ministers Manse
out of which the grass for one horse and two kine may be designed or otherwayes if the saids Kirk-lands be arable Land in either of these cases Ordains the Heretors to pay to the Minister and his Successors yearly the sum of twenty pounds Scots for the said grass for one horse and two kine the Heretors alwayes being relieved according to the Law standing and of other Heretors of Kirk-lands in the said Paroch And because several Kirks have no Glebs as yet designed to them it is hereby specially provided that in all designations of Glebs Incorporatacres in Village or Town where the Heretor hath houses and gardens the same shall not be designed he alwayes giving other Lands nearest to the Kirk And His Majesty with advice foresaid for special causes and considerations Declares that this present Act as to the Manses is to have force as the same had been made and dated the fourteenth of March one thousand six hundred and fourty nine XXI ACT anent Comprisings OUr Soveraign Lord considering that since the first day of January one thousand six hundred and sixty two before the making of the sixty two Act of the first Session of this Parliament entituled Act for ordering the payment of debts betwixt Creditor and Debitor divers persons having right by posteriour Comprisings to the legal reversion of the first Comprising deduced of their Debitors Estate have according to the Law then in force redeemed or satisfied the first Comprising and acquired the right thereof for their own better security lest the legal reversion of the first Comprising should have expired to their prejudice And whereas by ane Clause of there foresaid Act of Parliament it is Ordained That all Comprisings led since the said first day of January one thousand six hundred and fifty two within year and day of the first effectual Comprising shall come in pari passu together in maner and upon the provisions mentioned in the said Act Which Clause as it is most just as to all Comprisings led and standing un-redeemed and un-satisfied by the subsequent Comprisers having right to the legal reversion So it were unjust to prejudge those who for their own security have redeemed or satisfied the first Comprising as said is according to the Law then standing Therefore His Majesty with advice and consent of the Estates of Parliament Declares That albeit the foresaid Act was made ad preterita to regulate the diligence used by Comprisings at the instance of the Creditors Yet it was no wayes their meaning to prejudge posterior Comprisers who hona side for their own security and for preventing the hazard of the expiration of the legal reversion of the first Comprising did redeem or satisfie the same And therefore it is Statute and Ordained That the saids second Comprisers shall no wayes be prejudged of the right of the foresaid first Comprising redeemed and satisfied by them Declaring nevertheless that as to the second or posterior Comprising standing in the parties person who satisfied the first the same shall only come in with the rest of the Comprisers pari passu as it is provided by the foresaid Act. As likewayes Declaring That these presents be no wayes extended to any Comprisings satisfied by the second Comprisers since the making of the forsaid Act of Parliament or to be satisfied in time coming XXII ACT anent Sentences of Excommunication OUr Soveraign Lord considering that the proviso in the twenty fifth Act of the first Session of Parliament entituled Act for denuncing of excommunicat persons anent the exhibiting the Process and Sentence of excomunication before the Lords of Session to the end they might consider the legality of the Process and grounds whereupon the Sentence proceeded before any Letters of denounciation should pass against excommunicat persons was concluded before the restauration of the Bishops and is prejudicial and derogatory to the jurisdiction of Ecclesiastical Authority as it is now established Doth therefore with advice and consent of His Estates of Parliament Retreat and Rescind the said proviso and Declares the same to be void and null XXIII ACT for additional provision in favours of the Vniversities OUr Soveraign Lord and the Estates of Parliament taking into serious consideration the condition of the several Universities of this Kingdom And finding that the present mean and incompetent provision of the Masters and Professors thereof is so prejudicial to the flourishing of these Seminaries of Church and State that unless some considerable Augmentation be setled upon them for their encouragement the ablest and fittest persons of ingenious spirits and education will shun and avoid the undertaking of Functions in Universities for want of such ingenuous means as should invite entertain encourage and obliege men sufficient for such laborious imployments to the great decay of Learning and detriment of all ranks of Persons in the Kingdom For preventing and remeeding whereof there being an expedient proposed that the Archbishops and Bishops and the rest of the inferior Clergy may allow some part yearly of their rents Benefices and Maintenance for the space of five years to come as an exemplary testimony of their piety and zeal for the advancement of Learning and Religion Therefore His Majesty with advice and consent of the Estates of Parliament Doth Statute and Ordain That for the cropts and years one thousand six hundred and sixty four one thousand six hundred and fixty five one housand six hundred and sixty six one thousand six hundred and sixty seven one thousand six hundred and sixty eight there be raised yearly out of the Rents of ilk Archbishop and Bishop the sum of fifty pounds for every thousand merks of the saids Revenues and the sum of fourty pounds out of every thousand merks of the Stipends or Benefices of every Minister and so proportionably six of the hundred as the Benefice of Stipend shall be valued to be more or less by the Bishops of the Diocestes And that the saids several proportions payable by the Bishops shall be yearly given into the Archbishops of the respective Provinces or such as shall have warrand from them and that the saids several proportions payable by Ministers shall be yearly given in to the Bishops of the respective Diocess or such as shall have warrand from them and for whom the saids Bishops shall be countable Which sums so to be raised shall be distributed to the several Universities according to those proportions which shall be assigned by His Majesty by a Committee to sit at Edinburgh consisting of the Archbishops of St. Andrews and Glasgow and the Bishops of Edinburgh and Aberdeen and four others whereof one to be nominat by the Visitors of the Univerfitie of St. Andrews and another by the Visitors of the Universitie of Glasgow the third by the Visitors of Aberdeen the fourth by the Council of Edinburgh Hereby anthorizing the Archbishop of St. Andrews and in his absence the Archbishop of Glasgow to preside in the said Committee and to appoint
their diets of meeting from time to time and the Committee to take care that the sums thus alloted shal be put into a Stock and setled upon Land or otherwayes by advice of the respective Bishops who are Chancellors of the saids Universities and Ordains the Annual-rent of the said Stock to be proportioned to the Masters and Professors of each Universitie as the Visitors thereof shall appoint And further His Majesty and Estates foresaid do Ordain that Stipends and all Benefices of Kirks that shall vaik after the first day of February in this following year of God one thousand six hundred and sixty four for the space of seven years next thereafter shall be up-lifted by Collector thereof and imployed by him in the maner and according to the proportions above-specified for increasing of the Stock of each Universitie Declaring that the fifty two Act of the first Session of this Parliament Concerning the disposal of vacand stipends shall be of no force during the space of the years foresaid and Ordains Letters of Horning and Poinding and all other execution necessary to be directed at the instance of the saids Bishops or any to be appointed by them and at the instance of the said Collector for the more speedy in-bringing of the sums respective above-mentioned Further His Majesty and the Estates of Parliament do recommend to the Lords of the Privy Council to entertain and promote any voluntary offer or contribution for the ends aforesaid to be made by Noble-men or Gentlemen for a work so worthy of the publick wisdom piety and honour of this Kingdom It is alwayes Declared that this Act shall be without prejudice of Acts past in this Parliament for allowing the vacand Stipends of the Diocess of Isles and Argyl for breeding of young Schollars the sum being regulate by the Committee above-named and that this Act shall be no preparative for laying on any burdens on the Clergy hereafter without their own consent XXIV ACT regulating the proportions of Excise in the several Shires and Burghs THe Estates of Parliament taking to their consideration the grievances represented to them by several Shires and Burghs anent the excessive proportions of Excise laid upon them by the late Act of Parliament and what great burthen the Land-rent of the said Shires and Burghs lyesunder for making up the saids proportions and the great ease which several other Shires have in their proportions And it being just and reasonable that all publick impositions of that nature should be equally distributed upon those lyable in payment thereof Therefore the King's Majesty with advice and consent of the Estates of Parliament Statutes and Ordains that the several Shires and Burghs of this Kingdom shall for the moneths of November and December next one thousand six hundred and sixty three and January one thousand six hundred and sixty four years and in all time thereafter be lyable in the monethly paiment of the respective proportions under-written viz. The Shire of Edinburgh principal in the sum of two thousand one hundred and fourty pounds Scots money The Town of Edinburgh in the sum of two thousand nine hundred thirty two pounds The Shire of Haddingtoun in the sum of one thousand two hundred fourscore and eleven pounds The Shire of Berwick in the sum of six hundred and ten pounds sixteen shillings The Shire of Raxburgh in the sum of seven hundred threescore twelve pounds sixteen shillings The Shire of Selkirk in the sum of one hundred fourty seven pounds ten shillings The Shire of Peebles in the sum of one hundred thirty seven pounds ten shillings The Shire of Lanerick in the sum of nine hundred threescore eight pounds eight shillings The Town of Glasgow in the sum of one thousand threescore sixteen pounds four shillings The Shire of Dumfriese in the sum of six hundred fifty six pounds The Shire of Wigtoun Kircudburgh in the sum of seven hundred thirty two pounds twelve shillings whereof the Stewartry of Kircudburgh is to pay the sum of four hundred threescore one pounds and the Shire of Wigtoun the sum of two hundred threescore eleven pounds twelve shillings The Shire of Air in the sum of one thousand six hundred thirtie nine pounds sixteen shillings the Shire of Dumbartoun in the sum of two hundred fifty four pounds The Shire of Bute in the sum of fifty seven pounds The Shire of Renfrew in the sum of four hundred fifty seven pounds four shillings The Shire of Stirling in the sum of nine hundred and threescore pounds eight shillings The Shire of Linlithgow in the sum of seven hundred fourescore nineteen pounds four shillings The Shire of Perth in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings The Shire of Kincardin in the sum of three hundred threescore three pounds twelve shillings the Shire of Aberdeen in the sum two thousand four hundred and eighteen pounds nineteen shillings The Shire of Bamff in the sum of four hundred fourty seven pounds three shillings The Shire of Innerness in the sum of seven hundred fourscore fourteen pounds eight shillings The Shires of Elgin and Nairn in the sum of five hundred fourscore sixteen pounds four shillings The Shire of Cromarty in the sum of twenty four pounds The Shire of Argyl in the sum of four hundred fourty three pounds sixteen shillings The Shire of Fyfe and Kinross in the sum of three thousand six hundred and eight pounds eight shillings The Shire of Forfar in the sum of one thousand twenty four pounds four shillings The Town of Dundee in the sum of seven hundred and eighteen pounds four shillings The Shire of Sutherland in the sum of threescore twelve pounds twelve shillings The Shire of Caithness in the sum of one hundred fifty three pounds four shillings The Shire of Orknay and Zetland in the sum of two hundred fourty three pounds sixteen shillings The Shire of Clackmannan in the sum of two hundred and six pounds two shillings And the Shire of Ross in the sum of two hundred and four pounds money foresaid Any thing in the said Act of Parliament to the contrary notwithstanding which is hereby Declared to be of no force or effect as to the proportions of the said Excise after the said first day of November next XXV An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland FOrasmuch as the Estates of Parliament upon consideration of the great blessings this Kingdom enjoyeth under the protection of His Majesties Authority and the administrations of His Royal Government being thereby not only delivered from their former troubles and all the evils which attend such usurpations but being fully restored to and possest of all the liberties and priviledges of a free people Have by their several addresses to His Saored Majesty made offer of their lives and fortunes and all that is dearest to them for the advancement of His Royal Honour Authority and Greatness And this Kingdom being
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 â—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
shall forfeit the fifth part of their moveables and be uncapable the Merchant of all trading and the Skipper of having any charge of any Ship within this Kingdom in all time coming Provided alwayes that the taking of the Oaths above-mentioned shall be without prejudice of search for or seizure of any exported money And if any Gold or Silver coyned or un-coyned shall after publication hereof be discovered carrying out of the Kingdom by any person who hath taken the said Oath the same not only to be confiscat but the person or persons owners thereof to be proceeded against as perjured persons and further lyable to six moneths imprisonment As also it is hereby Declared that notwithstanding of the said Oaths if it shall at any time thereafter be legally proven money hath been carried out of the Kingdom by the persons takers of the said Oath the saids persons shall be proceeded against as perjured persons and by and attour be fined in the value of the money exported and whatsoever money shall be discovered or seized upon the one half thereof to be for His Majesties use and the other half to the informer And the Lord Thesaurer and Thesaurer-depute are hereby required to appoint sufficient honest men to be found at the respective Ports of this Kingdom or Royal Burghs next adjacent thereto for taking of the saids Oaths And that they take bond with sufficient caution from each of the persons so appointed under the pain of six thousand pounds Scots that they shall not suffer any Merchant or Skipper to use trade or Merchandize with any forraign Kingdom or Nation before they have taken the saids Oaths and shall do their utmost endeavours for discovery and seizure of all money carryed out of the Kingdom And that if it shall be informed to them that any money hath been carryed out of the Kingdom they shall give speedy and timeous notice of their information to the said Lord Thesaurer or Thesaurer-depute the one half of the foresaid sum of six thousand pounds in case of failÈie to be for His Majesties use and the other half to be given to the delator and to be further lyable to six moneths imprisonment for breach of their trust And sicklik the said Lord Thesaurer principal and Thesaurer-depute are hereby required to cause the farmerers and Collectors of the Custom and keepers of the Coquet to take an Oath that the saids Farmerers and Collectors of the Custom shall use their utmost endeavours for the discovery and seizure of all money carrying out of the Kingdom by Sea or Land either by Merchant Skipper or by any person of whatsoever quality or degree except as is above excepted and that they shall not give warrand to any Skipper or receive a Coquet unless they have received both from the Skipper and Merchants in the Ship extracts of the respective Oaths as said is and that the keepers of the Coquets shall give no Coquet unless they have likewise received extracts of the Oaths above-mentioned both from Skipper and Merchants and both Customers and keepers of the Coquet to give bond with sufficient caution under such sums of money as the said Lord Thesaurer principal and Thesaurer-depute shall think fit for fullfilling of the premisses And in case the saids Farmerers Collectors and keepers of the Cocquet or either of them shall refuse to compear or compearing refuse to delay to take the Oath and give their Bond as aforesaid then their Tack Commission Gift or any other Title by which they enjoy their Places and Charges to be void and null and they to be further lyable to such censures as the said Lord Thesaurer principal and Thesaurer-depute shall think fit for their contumacy And if it shall be made appear to the said Lord Thefaurer principal and Thesaurer-depute that any of the Farmerers or Collectors of Custom or keepers of Coquet shall transgress the Oath and Bond above mentioned in any part then their Tack Commission Gift or any other Title by which they enjoy their saids Places to be void and null and they to have incurred the sums and penalties contayned in their respective Bonds the one half thereof to be given to the informer or delator and to be further proceeded against as perjured persons Discharging hereby all granting of Licences for exporting of money except to such persons allanerly as shall make faith in Exchequer or these appointed by the Lord Thesaurer or Thesaurer-depute and give sufficient Bond that the money which they are to carry out is to be bestowed upon Timber in Norway or in order for bringing in of Victual in time of extream dearth and that they shall return in specie what part of the money shall not be bestowed XI ACT for encouragement of Tillage and Pasturage OUr Soveraign Lord considering how necessar it is for the encouragement of the tillage of this Country which is subject to so much toil and expence though the improvement thereof be most advantagious to the whole Kingdom That liberty be granted for the exportation of Corns after the Natives are sufficiently provided for Therefore the King's Majesty with advice and consent of His Estates in Parliament Statutes and Declares That it shall be lawfull to export Corns of all sorts when they are under the prices following at the Ports or respective places of exportation viz. ilk Boll of Wheat under twelve pounds the Boll Beir and Barley under eight pounds the Boll Oats and Pease under eight merks the Boll notwithstanding of any former Acts Laws or Practice to the contrary they paying the usual Custom and Bullion as formerly with this provision That when the Lords of His Majesties S cret Council shall judge it necessar for the good of the Kingdom and preventing of dearth they may discharge the exportation of Victual of all sorts for so long time as they shall think fit As also for improvement of the Pasturage of this Kingdom and for encouragement of the breeders of the Bestial thereof It is Statute and Ordained with advice and consent foresaid that the exportation by Sea of all sorts of Bestial either Nolt Sheep or Swine and barrelled Fleshes of all sort shall be free of Custom Bullion and all other impositions for the space of nineteen years next after the date thereof XII ACT for anew Imposition upon English Commodities THe Estates of Parliament considering how much it concernes the credit and wealth of the Kingdom that our own native Commodities be manufactured amongst our selves and that the endeavours of such persons as are setting up Manufacturies and Trades have been and are much retarded by the importation of such forraign commodities as may be made within the Kingdom Therefore and for their due encouragement the King's Majesty with advice and consent of the Estates of Parliament Statutes and ordains That from and after the first day of September next twelve pounds Scots upon ilk ell of broad English Cloath six pounds upon ilk ell of York-shire and all
Sheriffs under the pain of rebelion with certification c. to find caution Burgesses Indwellers in Edinburgh that they shall yearly make their accompts in Exchequer and pay all things resting owing to the King's Majesty by vertue of their office And sicklike by the two hundred and thirty Act Parliament fourteenth anno one thousand five hundred and ninety four not only the foresaid Act is ratified and approven but also all Chamberlains Fewers Customers Bailies of Burroughs and Sheriffs and others intromettors with the foresaids Rents are ordained to find caution Burgesses of Edinburgh for yearly compearing and making compt in Exchequer And sicklike by another Act. Parliament fifteen Act two hundred and sixty two for preventing of the prejudice that did then arise through the not timeous payment of the foresaids Rents payable out of the High-lands and Isles the saids Fewers are Ordained to find caution to the Exchequer for yearly and thank full payment of the yearly Rents Duties and Services due and payable forth of the Lands possest and occcupied by them or any other in their names wherein if they failed their pretended Infeftments and other Rights and Titles they have to any of their Lands either property or superiority are declared forfault and null Which whole Acts of Parliament respectivè above-mentioned The Kings Majesty and Estates of Parliament taking of new to their consideration and finding no means could have been more probable and conduceable for preventing of these prejudices and obstructions that have arisen to His Majesties Affairs through the not timely payment of His Rents and that the neglect of the exact putting of the saids Acts to execution hath been the only fount in from whence these have sprung Therefore and for preventing of the same in the future the King's Majesty with advice and consent of the Estates of Parliament doth revive Renew Ratifie and Approve rhe foresaids Acts respectively and particularly above written of the dates tenors and contents thereof in all points in so far as the same are or may be extended to the payment or securing of His Majesties Rents and Ordains the same to have force and be punctually obeyed and extended against all Chamberlains Fewers Sheriffs Stewarts of Stewartries Bailies of Regalities Bailies of Burroughs and others lyable in payment of any of His Majesties Rents for finding caution in Exchequer to the Thesaurer principal and Thesaurer-depute who are hereby required to cause charge the foresaids persons particularly above-mentioned at the Mercat-cross of Edinburgh to compear before them to the effect above written with certification not only under the pains contained in the respective Acts of Parliament but also in case of their disobedience to denounce them Rebels at the said Mercat-cross of Edinborgh and to be registrate in the Thesaurers or general Registers of Hornings Which charge denounciation and registration respective the King's Majesty and Estates of Parliament Declares to be as sufficient to all purposes and intents as if the same charge were given to them personally at their dwelling houses and the denounciation at the head Burgh of the Shire where they live and the same registrate in the Sheriff Books thereof And sicklike His Majestie and Estates of Parliament taking to their consideration that several of the saids Fewers charged and denounced for not compearing compting and paying of their saids Duties do ly under the Process of Horning apprehending themselves from the distance of the place secure both as to their persons and goods to the great contempt of His Majesties Royal Authority slighting contemning and vilipending His Majesties Laws And His Majesty and Estates of Parliament considering by the nature duty and office of each Sheriff Stewart and Bailies of Regalities within their respective Jurisdictions they as His Majesties Officers are oblieged and by several Acts of Parliament viz. the 30 Act JA. 4. Par. 3. Par. 6 Act 69 Act 97. JA. 5. Par. 7. Act 74. Par 6. JA. 6. Act 75. JA. 6. Par. 6. Ordained to execute His Majesties Laws and put Letters of Poinding and Caption to execution take and apprehend the Rebels uplift their estates and compt for the same to the Comptroller and Thesaurer and to cause their Clerks give in the Registers of Hornings and to uplift His Majesties retoured Duties blench Duties Taxations and other Duties payable to His Majesty as not only the saids Acts of Parliament but also the several Rolls of Exchequer bears Whereby it appears both by Law and the nature and duty of their Office that they ought to execute His Majesties Letters and cause His Majesty be payed of His Rents by the persons lyable in payment thereof within their bounds and that the contemners of His Majesties Authority be duely punished and His Majesties Laws put to execution by them as His proper Officers Therefore the King's Majesty and Estates of Parliament Ordains when any of the foresaids persons for disobedience to the charges given to them for payment of the Mails Farmes and Duties as said is are denounced rebels and put to the horn Letters be directed to charge the Sheriff of the Shire and his Deputes Stewart of the Stewartry Bailie of the Regalitie respective within those bounds where the saids persons dwells or lands lyes to take and apprehend their persons and put them in warde ay and while payment be made to the Thesaurer and Thesaurer-depute or others appointed by them and an eque retired thereof or to poind and distrenÈie the readiest goods and geer and make sale of so much thereof and to cause His Majesties Thesaurer and Thesaurer-depute and others appointed by them for that effect to be compleatly payed of the said sum charged for or to instruct sufficient and exact diligence for the same within twenty one dayes next after they be charged With certification if they failÈie the saids twenty one dayes being by-past Letters shall be directed to charge them or their respective cautioners to make payment thereof themselves under the pain of rebellion and putting of them to the horn and if they failÈie to denounce them rebels c. in manner above-specified XV. ACT concerning Beggars and Vagabonds OUr Soveraign Lord considering the many laudable Acts of Parliament made by His Majesties Royal Predecessors for relief of the Poor and for constraining of Beggars Vagabounds and idle Persons to take themselves to lawfull Callings that they might not be burdensom and dis-gracefull to the Kingdom Especially the seventh Act of the sixth Parliament of His Majesties Royal Grand-father King James the sixth of happy memory Ordaining the names of the Poor of ilk Paroch and such as must be necessarily sustained by almes to be taken up and to tax and stint the persons within the Paroch according to the estimation of their substance without exception of persons to such weekly charges and contributions as should be thought sufficient to sustain the said poor People And the hundred and sixty eight Act of the fifteenth Parliament of King James the sixth Ratifying
the former Act with this addition That strong Beggars with their Bairns be imployed in common Works and that they shal continue servants therein during their life-times And considering the tenth Act of the two and twentieth Parliament of His said Royal Grand-father King James the sixth Recommending to all His good Subjects to take into their service poor and indigent Children declaring that they shall be subject to their said Masters their Heirs and Assignes in all kind of service that shall be enjoyned to them untill they pass their age of thirty years compleat and that they shall be Subject to their Masters correction and chastisement in all manner of punishment life and torture excepted and that if it shall happen the said persons to absent themselves from their Masters service without their licence not only to be lyable to bodily punishment at their Masters difcretion but that all recepters of them shall be obliged to restore them to their Masters within twenty four hours after they be required otherwise to pay to their said Masters ten shillings Scots for ilk dayes absence till they be restored And His Majesty considering that the chief cause whereby the foresaids Acts have proven in-effectual and that Vagabounds and idle Persons do yet so much abound hath been that there were few or no common Works then erected in the Kingdom who might take and imploy the said idle Persons in their service and that now by His Majesties Princely care common Works for Manufacturies of divers sorts are setting up in this Kingdom Therefore His Majesty with advice and consent of His Estates in Parliament Ratifies and Approves the foresaids Acts of Parliament with this addition That it shall be leisum to all Persons or Societies who have or shall set up any Manufacturies within this Kingdom to seize upon and apprehend the persons of any Vagabonds who shall be found begging or who being Masterless and out of service have not wherewith to maintain themselves by their own means or work and to imploy them for their service as they shall see fit the same being done with the advice of the respective Magistrates of the place where they shall be seized upon And Ordains the Paroches where such Vagabonds or idle Persons as shall be found begging were born or in case the place of their nativity be not known the Paroches where they have any residence haunt or most resort for the space of three years immediately preceeding their being so apprehended who thereby are relieved of the burden of them to make payment to the Persons or Societies that shall happen to imploy them of two shillings Scots money per aiem for the first year after they be apprehended and one shilling Scots per diem for the next three years thereafter the one half thereof to be payed by the Heretors of the severall Paroches respective and the other half thereof to be payed by the Possessor and Inhabitants dwelling upon the ground of each Heretor respective Likeas His Majesty with advice and consent foresaid Ordains the Heretors of each Paroch or as many of them as shall happen to meet upon publick intimation made at the Paroch-kirk upon any Sabbath at the dissolving of the Church from the first Sermon by any of the Heretors of the Paroch or by the imployers of the Poor to make up a stent Roll for maintenance of the Poor in their Paroch who shall be imployed as said is at the rate aforesaid the one half thereof to be payed by the Heretors either conform to the old extent of their Lands within the Paroch or conform to the valuation by which they last payed assessment or otherwayes as the major part of the Heretors so meeting shall agree Life-renters and Wod-setters alwayes being lyable during their Rights as Heretors and the other half thereof to be laid upon the Tennents and Possessors according to their means and substance And in case the saids Heretors being required by any Person or Society imploying the Poor as said is shall failÈie to make up and deliver a stent Roll in manner foresaid with power to the Persons Society or others intrusted by them to charge the Heretors of each Paroch for the sum of two shillings Scots per diem for each one of their Poor whereof they shall be relieved in manner foresaid conform to the old extent or valuation foresaid at the option of the Person or Society imploying or these intrusted by them which stent Roll shall continue and stand for one year after the making up thereof either by the Heretors or in case of failÈie by the Persons or Societies imploying the Poor as said is and shall then be renewed from year to year during the years above-written Providing also that the Heretors in case they failÈie to make astent Roll as said is and be charged conform to the old extent or valuation of their Lands that they shall have relief of the Tennents and Possessors of their Lands for the one half of what they shall be distressed for And His Majesty with consent foresaids Ordains Letters of Horning to be directed hereupon at the instance of the Persons or Societies imployers of the Poor or persons intrusted by them against the Heretors and others for payment of the said daily allowance for the Poor or against the recepters of them being so imployed for ten shillings Scots money per diem upon fifteen dayes only Providing alwayes that after examination of the case the Lords of the Privy Council shall find cause for directing such Letters And Ordains all Sheriffs Stewarts Bailies of Regality Principalitie Magistrates of Burroughs or Justices of Peace and their Constables to be assisting in the apprehending of the saids Vagabounds or in the bringing of them back to their service after they shall be imployed And strictly Prohibits and Discharges all persons whatsoever to oppose or hinder the taking or bringing back of them in maner foresaid respective under the pain of deforcement Likeas it is hereby Declared That the Poor so imployed shall continue in the service of the imployers and under their direction and correction in maner foresaid not only during the space of the maintenance to be payed for them by their Paroches in maner above-written but also for the space of seven years thereafter for meat and cloath only Declaring alwayes likeas it is hereby expresly Declared that the Burgh of Air nor their inhabitants shall no wayes be comprehended herein but are excepted here-from in all points And recommends to the Lords of the Privy Council to see this Act and all former Acts of Parliament made against sturdy Beggars and Vagabonds put to execution with power to them to supply by their order what shall be deficient as to the execution of the saids Acts. XVI ACT anent the measure of Coal OUr Soveraign Lord considering that several questions and debates do arise betwixt the buyers of Coal and the Customers and Receivers of the Bullion anent the measure of the chalder
still more and more sensible of this their happiness by the often and renewed expressions of His Majesties grace and favour and of His tenderness and care of their preservation in the peaceable and secure enjoyment of their Religion Laws Liberties and Properties Do find themselves the more oblieged to renew the expressions of their duty and loyalty to His Majesty And therefore the Estates of Parliament of this His Majesties ancient Kingdom of Scotland do in name and behalf of all His Majesties good Subjects within the same by these presents renew the dutifull tender of their lives and fortunes for the promoving of His Majesties Service and the advancement of His Royal Authority And as they do chearfully recognosce His Majesties Royal Prerogative and undoubted Right of the sole power of raising arming and commanding of His Subjects So in a further acknowledgment of their duty they do make humble and hearty offer to His Majestie of twenty thousand Footmon and two thousand Horse-men sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportions following viz. From the Shires of Roxburgh and Selkirk one thousand three hundred thirty three Foot and one hundred fourty eight Horse From the Shire of Berwick eight hundred Foot and seventy four Horse From the Shire of Edinburgh eight hundred Foot and seventy four Horse From the Shire of Haddingtoun eight hundred Foot and seventy four Horse From the Shire of Peebles two hundred sixty six Foot and twenty nine Horse From the Shire of Linlithgow three hundred thirty three Foot and fourty two Horse From the Burgh of Edinburgh Lieth and Canongate eight hundred Foot From the Shire of Dumfries eight hundred Foot and eighty eight Horse From the Shire of Wigtour eight hundred Foot and eighty eight Horse From the Shires of Air and Renfrew one thousand three hundred thirty three Foot and one hundred seventy six Horse From the Shire hundred fourty eight Horse From the Shires of Stirling and Clackmannan six hundred sixty six Foot and eighty eight Horse From the Shires of Fyfe and Kinross one thousand six hundred Foot and one hundred seventy six Horse From the Shire of Perth one thousand six hundred Foot and one hundred seventy six Horse From the Shire of Forfar one thousand Foot and one hundred and three Horse From the Shire of Kincardin and Marshals part of Aberdeen eight hundred Foot and seventy four Horse From the rest of Aberdeen and Shire of Bamff one thousand sixty six Foot and one hundred seventy six Horse From the Shires of Elgin Nairn and this side of Ness one thousand Foot and eighty eight Horse From the Earl of Seafort and Lord Lovat their division of Innerness six hundred sixty six Foot and eighty eight Horse From the Shires of Sutherland and Caithness and the rest of Innerness one thousand sixty six Foot and eighty eight Horse From the Shires of Argyl Dumbartoun and Bute eight hundred Foot From the Shire of Orknay six hundred sixty six Foot Which Forces are to be in readiness as they shall be called for by His Majesty to march to to any part of His Dominions of Scotland England or Ireland for suppressing of any forreign invasion intestine trouble or insurrection or for any other service wherein His Majesties Honour Authority or Greatness may be concerned And for the better prosecution hereof the Estates of Parliament do humbly intreat His Majesty may be graciously pleased to give Commissions to such persons to be general Officers Colonels Lieutenant-colonels Majors and Rute-masters as His Majesty in His Royal judgement shall think fit and for the other Officers or any other thing fitting to be done for perfecting of the Levies and carrying on of this business they do humbly recommend to His Majesty to give His direction therein to His Privy Council who are hereby impowered with Commission and Authority for the ordering disposing and sole managing of this Affair in such a way as this dutifull offer of the Parliament to His Majesty may be made most effectual and according to the instructions and commands they shall receive from His Majesty And the Estates of Parliament do Declare that if His Majesty shall have further use of their service this Kingdom will be ready every man betwixt sixty and sixteen to joyn and hazard their lives and fortunes as they shall be called for by His Majesty for the safety and preservation of His sacred Person Authority and Government XXVI ACT asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners THe Estates of Parliament considering that during the late tronbles divers invasions were made upon the Royal Prerogatives of the Crown and that in a just abhorrence thereof and in a due sense of the happiness they enjoy under His Majesties Government they are oblieged on all occasions to vindicat and assert the same in the several branches thereof And since the ordering and disposal of Trade with forraign Countries and the laying of restraints and impositions upon forraign imported Merchandizes is by the Law of Nations acknowledged to be proper to and inherent in the persons of all free Princes as an undoubted Prerogative of the Crown They therefore in a dutiful and humble recognizance of His Majesties Prerogative-royal do Deelare That the ordering and disposal of Trade with forraign Nations and the laying of restraints and impositions upon forraign imported Commodities doth belong to His Majesty and His Successors as an undoubted Priviledge and Prerogative of the Crown and that by vertue thereof they may lay such impositions and restraints upon imported forraign Commodities and so order and dispose upon the Trade of them as they shal judge fit for the good of the Kingdom Likeas the King's Majesty with advice and consent of His Estates in Parliament doth hereby rescind and Annull all Acts Statutes Constitutions and Customs to the contrary and Declares the same void and null in all time coming XXVII COMMISSION for Plantation of Kirks and valuation of Teinds THe King 's most Excellent Majesty being desirous to prosecute the work of valuation of Teinds and plantation of Kirks in reference to His own interest for the annuity and the universal good of His people especially for the incouragement of the Ministers of the Gospel Doth with advice and consent of His Estates of Parliament Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royal Father of blessed memory in anno one thousand six hundred and thirty three entituled Commission for valuation of Teinds in the whole heads clauses and conditions thereof except in so far as there hath been alterations made therein by Acts and Commissions made and granted by his Majesty since the date of the said Act or granted by any pretended Parliaments since and which are Ratified Salved or Reserved by this present Parliament and which alterations are not destructive of and contrary to this present Act or