who is to administer an Oath De fideli administratione to the remanent Commissioners at their first meeting and take the same himself and to appoint their own Collectors and other Officers except the Clerk who is to be named by the Clerk of Register and to modifie necessar Fees for the saids Collectors Clerks and other Officers and to sub-divide themselves for the more speedy and equal ordering of the said Excise With power also to them to establish Offices of Excise at which Offices the whole Brewers are hereby required to make their Entries at least once every moneth of their weekly brewing and by Miller Maltman Oath of party Witnesses or any other lawfull manner of way to disprove the Entries given in and to impose Fines upon the persons whose Entries shall be so disproven not exceeding the double of the value of the Malt conceal'd and to discern and determine in all cases and debates relating to the said Excise within their respective divisions and for that effect to use all lawfull manner of probation as said is And ordains generall Letters to be direct gratis upon the saids Commissioners their Decreets at the instance of the respective Collectors or otherwayes with power to the saids Commissioners to poynd and distreinÈie upon their own Decreets quarter upon the Deficients or imprison their persons till payment be made of the sums due by them as well principal as expences and which expences the saids Commissioners are hereby impowred to modifie And it is hereby Declared That there shall be no necessity to apprize the Goods of the Deficients at the Mercat Cross but that it shall be lawfull to apprize the same at the nearest Paroch Church And sicklike it is hereby Statute and Ordained That the Commissioners of the respective Shires and Burghs shall be and are oblieged to pay in their respective proportions of the said Shires and Burghs to such as are or shall be appointed by His Majesty to receive the same at four terms in the year viz. Whitsunday Lambmesse Mertimesse and Candlemesse by equall proportions beginning the first terms payment at Lambmess next for the three moneths of May June and July immediatly preceeding the same And which Commissioners are by these presents impowered to put in execution the whole forementioned Orders and Instructions for raising and inbringing of the said Excise for their relief As also the Kings Majesty with advice and consent of His Estates of Parliament gives power to the Lords of His Majesties Privy Council to nominate and appoint Commissioners of Excise in the respective Shires and Burghs upon the death or inability of any of the Commissioners above-named XV. Act Rescinding and Annulling the pretended Parliaments in the year 1640 1641 c. THe Estates of Parliament considering that the Peace and Happiness of this Kingdom and of His Majesties good Subjects therein doth depend upon the Safety of His Majesties Person and the Maintenance of His Royal Authority Power and Greatness And that all the miseries confusions and disorders which this Kingdom hath groaned under these twenty three years have issued from and been the necessary and natural products of these neglects contempts and invasions which in and from the beginning of these troubles were upon the specious but false pretexts of Reformation the common cloak of all Rebellions offered unto the Sacred Person and Royal Authority of the Kings Majesty and His Royal Father of blessed memory And notwithstanding that by the sacred Right inherent to the Imperial Crown which His Majesty holds immediately from GOD Almighty alone and by the ancient constitution and fundamental Laws of the Kingdom the power of convocating and keeping Assemblies of the Subjects the power of Calling Holding Proroguing and Dissolving of Parliaments and making of Laws the power of entering into Bonds Covenants Leagues and Treaties the power of raising Armes keeping of Strengths and Forts are Essential parts and Inseparable priviledges of the Royal Authority and Prerogative of the Kings of this Kingdom Yet such hath been the madness and delusion of these times that even Religion it self which holds the Right of Kings to be Sacred and Inviolable hath been pretended unto for warrand of all these injurious Violations and Incroachments so publickly done and owned upon and against His Majesties just Power Authority and Government By making and keeping of unlawfull Meetings and Convocations of the people By entering into Covenants Treaties and Leagues By seizing upon and possessing themselves of His Majesties Castles Forts and Strengths of the Kingdom and by Holding of pretended Parliaments making of Laws and raising of Armes for the maintaining of the same And that not only without warrand but contrary to His Majesties express Commands And although the late Kings Majesty out of His meer grace and respects to this His native Kingdom and the peace and quiet of His people and for preventing the consequences which such a bad example and practice might occasion to the disturbance of the peace of His other Kingdoms was pleased in the year one thousand six hundred and fourty one to come into this Country and by His own presence at their pretended Parliaments and otherwayes to comply with and give way to many things neerly concerning the undoubted Interest and Prerogative of the Crown expecting that such unparallel'd Condiscentions should have made His Subjects ashamed of their former miscariages and the very thoughts thereof to be hatefull to them and their posterity for ever Yet such was the prevalency of the spirit of Rebellion that raged in many for the time that not content of that peace and happiness which even above their desires was secured to them nor of those many Grants of honour and profit by which His Majesty endeavoured to endear the most desperate of them to their duty and obedience they then when His Majesty had not left unto them any pretence or shadow of any new desire to be proposed either concerning themselves or the Kingdom did most unworthily engage to subvert His Majesties Government and the publick peace of the Kingdom of England For which purpose having joyned in a League with some there they for the better prosecution of the same did assume unto themselves the Royal Power kept and held Parliaments at their pleasure by the pretended Authority of which they laid new exactions upon the people which in one moneth did far exceed what ever by the Kings Authority had been raised in a whole year levied Armes sent out Edicts requiring obedience unto their unlawfull demands and with all manner of violence pursued such as out of duty to His Majesties Authority opposed them by fines confinements imprisonment banishment death and forfeiture of their posterity and with their Army thus raised invaded His Majesties Kingdom of England and joyned with such as were in Armes against His Majesty there And thus maintaining their usurped power and violently executing the same against all Law Conscience Honour and Humanity have made themselves instruments of much
all the free Profits and Rents which he shall have or uplift out of the saids Lands shall be restricted to six per cent yearly of free money and the Wodsetter shall be countable to the Debitor or others having right from him for the superplus and that without prejudice of the Wodsetters real Right and Infeftment ay and while the Lands be redeemed and the principall Sum whereupon the same is redeemable shall be satisfied It is alwayes provided that where any Creditor hath had losse by his possession of the Wodset-lands and others since the date of his Wodset So that he hath not received as much free Rent as communibus annis hath extended to the Annualrent allowed by Law for the time all charges and burdens being deduced in that case it is provided that the Wodsetter shall be first satisfied of what he wants before he quit his possession of the said Wodset-lands or be holden to accept Security for his Annualrents And it is Declared that in the account of the Wodsetter's by-gone losse there shall be allowed what he hath disbursed upon reparation and building of Tennents houses Milnes and for the advantage of the ground and generally all other expence which the Wodsetter was put to and what losse he sustained in reference to the said Wodset-lands Rights and Securities thereof any manner of way and what he hath lost by Quarterings Cesse waste Land depauperated Tennents or by Tennents who were or are not able to pay unlesse the ground should be casten waste And because the Wodsetters probation of his saids losse may be difficile he not conceiving that there should be necessity for any such count or that there should be any alteration made in the right and possession of his proper Wodset Therefore His Majesty with advice foresaid doth allow the Lords of Session to take such reasonable probation as in equity they shall think fit And if there be any deficiency to take the Wodsetters Oath in supplement and where the Wodsetter is in natural possession of the Wodset-lands by dwelling thereon or labouring the same with his own Plough and Goods or otherwayes having the same plenished with his saids Goods in that case he shall not be holden to remove from his said possession but at the ordinary tearm of removing and that he be lawfully warned fourty dayes before and after sufficient Security shall be made to him in manner above specified before the said warning And His Majesty having granted so much favour benefit and indulgence to Debitors as the like cannot be shown to have been granted at any time in this Kingdom doth Declare Statute and Ordain That the Laws and Practick of the Kingdom concerning Debts and paiment thereof and diligence and execution for the same and concerning proper Wodsets where the Creditor-wodsetter hath the hazard of Fruits Tennents War and others shall be observed inviolably and be of full force vigor and effect in all time coming excepting so far as the same is altered innovat and repealed by this present Act. LXIII Act Salvo jure cujuslibet OUr Soveraign Lord taking to consideration that there be many Acts of Ratification 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 manner foresaid shall not prejudge any third party of their lawfull rights nor of their actions and defences competent thereupon before the making of the saids 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 LXIV Act of Adjournment THe Kings Majesty Declares this Parliament current and Adjourns the same to the twelfth day of March next to come Ordaining all Members of Parliament Noblemen Commissioners of Shires and Burghs and all others having interest to attend that day and that there be no new Elections in Shires or Burghs except upon the death of any of the present Commissioners A. Primerose Cls. Reg. A TABLE of the Printed ACTS 1. ACt concerning the President and Oath of Parliament Page 3. 2. Act and Acknowledgment of His Majesties Prerogative in the choice of His Officers of State Counsellors and Judges Page 4. 3. Act asserting His Majesties Royall Prerogative in the calling and dissolving of Parliaments and making of Laws Page 5. 4. Act asserting His Majesties Royall Prerogative in the making of Leagues and the Conventions of the Subjects Page 6. 5. Act asserting His Majesties Royall Prerogative in the Militia and in making Peace and War c. Page 7. 6. Act annulling the pretended Convention of Estates kept in the year 1643. Page 8. 7. Act concerning the League and Covenant and discharging the renewing thereof without His Majesties Warrand and Approbation ibid. 8. Act against Papists Priests and Jesuits Page 9. 9. Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter Page 11. 10. Act condemning the Transactions concerning the Kings Majesty whilst He was at Newcastle in the years 1646 and 1647. Page 15. 11. Act for taking the Oath of Allegiance and asserting the Royall Prerogative Page 17. 12. Act concerning the Judiciall Proceedings in the time of the late Usurpers Page 19. 13. Act and Offer of Fourty thousand pounds Sterling to be paid to the Kings Majesty yearly during His life-time by this Kingdom Page 21 14. Act for raising the Annuity of Fourty thousand pounds Sterling granted to His Majesty Page 22. 15. Act Rescinding and Annulling the pretended Parliaments in the years 1640 1641 c. Page 37. 16. Act concerning Religion and Church-Government Page 40. 17. Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royall Government of His Kingdoms Page 41. 18. Act for the due observation of the Sabbath-day Page 42. 19. Act against Swearing and excessive Drinking Page 43. 20. Act against Cursing and Beating of Parents Page 44. 21. Act against the crime of Blasphemy ibid. 22. Act concerning the severall degrees of casuall Homicide Page 45. 23. Act Ratifying the Priviledges of the Colledge of Justice ibid. 24. Act concerning appearand Heirs their paiment of their Predecessors and their own Debts Page 46. 25. Act for Denouncing of Excommunicate Persons Page 47. 26. Act appointing the Pursuer of the Thief to have the Goods stolen from him restored Page 48. 27. Act for the Pardon of Penall Statutes ibid. 28. Act discharging the Quots of Testaments Page 49 29. Act for Poynding upon Sheriffs and Commissars Decreets ibid. 30. Act anent the Fewers and Vassals of Kirk-lands Page 50. 31. Act concerning the Registration of Comprisings Page 51. 32. Act concerning Heretable and Moveable Bonds Page 52. 33. Act for the right Packing of Salmond ibid. 34. Act against Clandestine and unlawfull Marriages Page 53. 35. Act concerning the Election and Charges of the Commissioners from Shires to the Parliament Page 55. 36. Act anent Presentation of Ministers Page 56. 37. Act concerning the Bullion Page 57. 38. Commission and Instructions to the Justices of Peace and Constables Page 65. 39. Act for the Fishings and erecting of Companies for promoving of the same Page 79 40. Act for Erecting of Manufacturies Page 83. 41. Act for Planting and Inclosing of Ground Page 85. 42. Act establishing Companies and Societies for making Linnen-cloath Stuffs c. Page 87. 43. Act discharging the Exportation of Linnen-yarn and regulating the breadth of Linnen-cloath c. Page 89. 44. Act for incouraging of Shipping and Navigation Page 90. 45. Act discharging the Exportation of Skins Hides c. Page 93. 46. Act discharging the Exportation of Woollen-yarn Worstead broken Copper and Peuter c. Page 94. 47. Act discharging Trades-men to Import Made-work ibid. 48. Act for incouraging of Soap-works Page 95. 49. Act Reducing the Annuals to Six for the Hundred ibid. 50. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session Page 96. 51. Act concerning Arrestments Page 97. 52. Act concerning the disposall of Vacant Stipends ibid. 53. Act Ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property Page 98. 54. Act in favours of Laick Patrons of Provestries Prebendaries Chaplanries and Altarages Page 100. 55. Act anent Cocquets and Entries of Ships Page 102. 56. Act anent Coal-hewers ibid. 57. Act discharging the Custom of two and an half of the hundred and the Impost of four pounds on the Tun. Page 103. 58 Act in favours of those who get their Ward-holding changed by the Kings Majesty Page 104. 59. Act anent the Exchequer Page 105. 60. Act concerning Docqueting of Signaturs Page 106. 61. Commission for Plantation of Kirks and Valuation of Teinds ibid. 62. Act for ordering the paiment of Debts betwixt Creditor and Debitor Page 111. 63. Act Salvo jure cujuslibet Page 118. 64. Act of Adjournment ibid. FINIS
pretexts made for the same did meet and conveen without any lawfull Warrand or Authority And therefore the Kings MAjESTY with advice and consent of His Estates of Parliament doth Declare the same with all that was done therein void and null and Rescinds and Annuls all Acts or Deeds whatsomever ratifying and approving the same VII Act concerning the League and Covenant and discharging the renewing thereof without His MAjESTIES warrand and approbation FOrasmuch as the power of Armes and entering into and making of Leagues and Bonds is an undoubted priviledge of the Crown and a proper part of the Royal Prerogative of the Kings of this Kingdom and that in recognisance of His MAjESTIES just Right the Estates of Parliament of this His most ancient Kingdom of Scotland have Declared it high Treason to the Subjects thereof of whatsoever number less or more upon any pretext whatsoever to rise or continue in Armes or to enter into Leagues and Bonds with Forraigners or among themselves without His MAjESTIES special Warrand and Approbation had and obtained thereto and have Rescinded and Annulled all Acts of Parliament Conventions of Estates or other Deeds whatsoever contrary to or inconsistent with the same And whereas during these troubles there have occurred diverse things in the making and pursuance of Leagues and Bonds which may be occasion of jealousie in and betwixt His MAjESTIES Dominions of Scotland England and Ireland Therefore and for preventing of all scruples mistakes or jealousies that may hereafter arise upon these grounds The King's MAjESTY with advice and consent of His Estates of Parliament Doth hereby Declare That there is no Obligation upon this Kingdom by Covenant Treaties or otherwise to endeavour by Armes a Reformation of Religion in the Kingdom of England or to meddle with the publick Government and Administration of that Kingdom And the King's MAjESTY with advice and consent foresaid doth Declare That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereto are not obligatory nor do infer any obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches of England and Ireland or in what may concern the Administration of His MAjESTIES Government there And further His MAjESTY with advice and consent of His Estates doth hereby Discharge and Inhibite all His MAjESTIES Subjects within this Kingdom that none of them presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom without His MAjESTIES special Warrand and Approbation And that none of His MAjESTIES Subjects offer to renew and swear the same without His MAjESTIES Warrand as said is as they will be answerable at their highest peril VIII Act against Papists Priests and Jesuits OUr Soveraign Lord considering that the publick contempt of and disobedience to lawful Authority though covered with the most specious pretexts is alwayes accompanied with great confusions and provocations to the dishonour of GOD and ruine of the People And that thereby occasion is offered to wicked and ill affected persons of all sorts upon one pretence or other to subvert Religion and pervert the Duty and Allegiance of the Subjects Whereof there be too sad evidence by the increase of Popery and the number of Jesuits Priests and Papists which have of late and do now abound in this Kingdom in far greater numbers then ever they did under the Government of His MAjESTIES Royal Father and Grand-Father of blessed memory And His MAjESTY being desirous to trace these His Royal Ancestors in a due and vigorous prosecution of these many excellent Laws made by them against the Saying of Mess and the stay and resset of Jesuits Seminary and Mess Priests and Trafficking Papists within this Kingdom Doth therefore with advice and consent of His Estates of Parliament command and charge all and sundry Jesuits Priests and Trafficking Papists that none of them presume hereafter to Say Mess within this Kingdom And that within a moneth after the publication hereof they remove forth of the Kingdom under the pain of death And sicklike His MAjESTY with advice and consent foresaid doth command charge and inhibite all His MAjESTIES Subjects of what quality or degree soever that none of them presume to hear Mess resset supply entertain furnish meat or drink nor keep intelligence nor correspondence with any Priests Jesuits or Trafficking Papists under the pains contained in the Laws and Acts of Parliament made in that behalf And to the end that this Act may receive the more exact obedience and prosecution His MAjESTY with advice and consent foresaid doth hereby command all Sheriffs of Shires and their Deputes all Magistrates of Burghs and other publick Ministers of the Laws to make exact enquiry and search in their several bounds and jurisdictions and to apprehend all such Jesuits Priests and Trafficking Papists as they shall finde within the same after the last day of March next to come and to commit them to the next sure Prison there to remain till they receive due punishment according to the Laws And also that with all possible diligence they send in to the Parliament or in case of their not Sitting to His MAjESTIES Privy-Council the List of such persons within their bounds as are known or suspected to be Papists that course may be taken with them conform to the Laws of the Kingdom And hereof the Sheriffs and Magistrates and their Deputes are to take special notice as they will be answerable at their highest peril Likeas His MAjESTY considering how dangerous it is that Children be educat by persons popishly affected do therefore conform to former Acts of Parliament appoint that children under popish Parents Tutors or Curators shall be taken from them and committed to the education of some well affected and religious friend at the sight and by order of His MAjESTIES Privy-Council And Ordains publication hereof to be made at the Mercat Cross of Edinburgh and other places needfull IX Act approving the Engagement 1648. and annulling the pretended Parliaments and Committees kept thereafter FOrasmuch as in the year one thousand six hundred fourty and eight the Estates of Parliament of this Kingdom and His MAjESTIES good Subjects therein from the sense of their duty to Almighty GOD and the King's MAjESTY did chearfully undertake and concur in an Engagement for relief of His late MAJESTY of glorious memory from His imprisonment and for His restitution to the Royal Government of His Kingdoms And the Estates of Parliament now conveened by His MAjESTIES special Authority taking that Engagement to their consideration do find it to have been an Honourable Just Necessary and Seasonable Discharge of that indispensible Duty whereunto this Kingdom and the Subjects thereof are by the Law of God by the Law of Nature and
loss shame and dishonour to their native Countrey and have justly forfeited and favour they might have pretended to from His Majesties former concessions And forasmuch as now it hath pleased Almighty GOD by the power of His own right hand so miraculously to restore the Kings Majesty to the Government of His Kingdoms and to the exercise of His Royal Power and Soveraignty over the same The Estates of Parliament do conceive themselves oblieged in discharge of their duty and conscience to GOD and the Kings Majesty to imploy all their power and interest for vindicating His Majesties Authority from all these violent invasions that have been made upon it and so far as is possible to remove out of the way every thing that may retain any remembrance of these things which have been so injurious to His Majesty and His Authority so prejudicial and dishonourable to the Kingdom and destructive to all just and true interests within the same And considering that besides the unlawfulness of the publict Actings during these troubles most of the Acts in all and every of the Meetings of these pretended Parliaments do highly incroach upon and are destructive of that Soveraign Power Authority Prerogative and Right of Government which by the Law of GOD and the ancient Laws and Constitutions of this Kingdom doth reside in and belong unto the Kings Majesty and do reflect much upon the honour loyalty and reputation of this Kingdom or are expired and serve only as testimonion of dissloyalty and repraoch upon the Kingdom and are unfit to be any longer upon Record Therefore the Kings Majesty and Estates of Parliament do hereby Rescind and Annull the pretended Parliaments kept in the years one thousand six hundred and fourty one thousand six hundred and fourty one one thousand six hundred and fourty four one thousand six hundred and fourty five one thousand six hundred and fourty six one thousand six hundred and fourty seven and one thousand six hundred and fourty eight and all Acts and Deeds past and done in them and Declares the same to be henceforth void and null And His Majesty being unwilling to take any advantage of the failings of His Subjects during those unhappy times is resolved not to retain any remembrance thereof but that the same shall be held in everlasting oblivion and that all difference and animofities being forgotten His good Subjects may in a happy union under His Royal Government enjoy that happiness and peace which His Majesty intends and really wisheth unto them as unto Himself Doth therefore by advice and consent of His Estates of Parliament grant His full Assurance and Indempnity to all persons that acted in or by vertue of the said pretended Parliaments and other Meetings flowing from the same to be unquestioned in their Lives or Fortunes for any Deed or Deeds done by them in their said usurpation or by vertue of any pretended Authority derived therefrom excepting alwayes such as shall be excepted in a general Act of Indempnity to be past by His Majesty in this Parliament And it is hereby Declared That all Acts Rights and Securities past in any of the pretended Meetings above-written or by vertue thereof in favours of any particular persons for their civil and private interests shall stand good and valid unto them untill the same be taken into further consideration and be determined in this or the next Session of this Parliament XVI Act concerning Religion and Church Government OUr Soveraign Lord being truly sensible of the mercies of Almighty GOD towards Him in His preservation in the times of greatest trouble and danger and in His miraculous Restitution to His just Right and Government of His Kingdoms And being desirous to improve these Mercies to the glory of GOD and honour of His great Name Doth with advice and consent of His Estates of Parliament Declare That it is His full and firm resolution to maintain the true reformed Protestant Religion in it's purity of Doctrine and Worship as it was established within this Kingdom during the Reigns of His Royal Father and Grand-father of blessed memory And that His Majesty will be carefull to promote the power of Godlinesse to encourage the exercises of Religion both publict and private and to suppresse all prophanesse and disorderly walking And for that end will give all due countenance and protection to the Ministers of the Gospel they containing themselves within the Bounds and Limits of their Ministerial Calling and behaving themselves with that submission and obedience to His Majesties Authority and Commands that is suitable to the Allegiance and Duty of good Subjects And as to the Government of the Church His Majesty will make it His care to setle and secure the same in such a frame as shall be most agreeable to the word of GOD most suitable to Monarchicall Government and most complying with the publict peace and quiet of the Kingdom And in the mean time His Majesty with advice and consent foresaid Doth allow the present Administration by Sessions Presbyteries and Synods they keeping within bounds and behaving themselves as said is and that notwithstanding of the preceeding Act rescissory of all pretended Parliaments since the year one thousand six hundred and thirty eight XVII Act for a Solemn Anniversary Thanksgiving for His Majesties Restauration to the Royal Government of His Kingdoms THe Estates of Parliament of the Kingdom of Scotland taking to their consideration the sad Condition Slavery and Bondage this ancient Kingdom hath groaned under during these twenty three years Troubles In which under the specious pretences of Reformation a publick Rebellion hath been by the treachery of some and mis-perswasion of others violently carried on against Sacred Authority to the ruine and destruction so far as was possible of Religion the Kings Majesty and His Royal Government the Laws Liberties and Property of the People and all the publick and private Interests of the Kingdom So that Religion it self which holds the right of Kings to be Sacred hath been prostitute for the warrand of all these treasonable invasions made upon the Royal Authority and disloyal limitations put upon the Alleagiance of the Subjects And hath it not also been pretended unto for the warrand of all those vile and bloody Murthers which in high contempt of Almighty GOD and of His Majesties Authority and Laws were under colour of Justice committed upon His Majesties good Subjects meerly for the discharge of their Duty to GOD and Loyalty to the King Hath not that Royal Government under whose Protection this Nation hath to the envy of the World been so famous for many ages been of late trode under foot and new Governments and Governours established and kept up without His Majesties Authority and against His expresse Commands Hath not Law which is the Birth-right and Inheritance of the Subject and the Security of their lives and fortunes been laid in the dust and new and unjust Edicts and Orders past and published for subjecting both life and fortune
Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs
and what else was dear unto any of His Majesties good Subjects to the Cruel and Ambitious Lusts of some usurping Rulers Hath not Religion and Loyalty been the only objects of their Rapine and Cruelty And hath not their new and arbitrary Exactions and Burdens upon the People exceeded in one moneth what ever had been formerly in many years paid to any of the Kings of this Kingdom And when the best of men and the most Excellent of the Kings of the earth had in an unusual way of confidence rendred His Person to the Trust and Loyalty of His Native Subjects was not the security of Religion pretended unto by some who then governed in Church and State for the ground of that base and never enough to be abhorred transaction in leaving such a Prince their Native and Dread Soveraign to the will of these who were in open Rebellion and for the time had their swords in their hands against Him And that when by these and many such like undutifull carriages the Kings Majesty was removed from His Kingdoms the foundations of this ancient and well constitute Government was overturned the Liberties and Property of the people inverted And this Kingdom exposed to be Captives and Slaves to Strangers and nothing left unto them but the sad meditation of their increasing miseries and the bitter remembrance of their by-past disloyalties Yet even then it pleased Almighty GOD to compassionat their low condition and by the power of His own Right-hand most miraculously to restore the Kings most Sacred Majesty to the Royal Government of His Kingdoms And thereby to redeem this Kingdom from its former Slavery and Bondage and to restore it to its ancient and just Priviledges and Freedom And the Kings Majesty acknowledging with all humility and thankfulness the Goodness Wisdom and Power of GOD in this Signal Act of His mercy to Him and His people Doth with advice and consent of His Estates of Parliament Statute and Ordain That in all time coming there be a Solemn yearly Commemoration of the same And for that end the twenty ninth day of May which day GOD Almighty hath specially honoured and rendred auspicious to this Kingdom both by His Majesties Royal Birth and by His blessed Restauration to His Government be for ever set a part as a Holy day unto the LORD and that in all the Churches of the Kingdom it be imploied in publick Prayers Preaching Thanksgiving and Praises to GOD for so transcendent Mercies And that all Trade Merchandize Work Handy-labour and other ordinary imploiments be forborn and the remaining part of the day spent in such lawfull divertisements as are suteable to so Solemn an occasion And it is hereby recommended to all Ministers of the Gospel and to all Sheriffs Justices of Peace and other publick Ministers in the several Counties and to all Magistrates within Burghs to be carefull that for this present year and in all time coming the twenty ninth day of May be accordingly kept and observed within their several Jurisdictions And for the speedier and more full intimation hereof to all His Majesties Subjects It is Appointed thir Presents be printed and published at all the Mercat Crosses of the Royal Burroughs XVIII Act for the due Observation of the Sabbath-day THe Kings Majesty considering how much it concerns the honour of GOD that the Sabbath-day be duly observed and all abuses thereof restrained And that notwithstanding of several Acts of Parliament made in that behalf particularly the third Act of the sixth Parliament of King James the sixth of blessed memory the said day hath been much prophaned by Salmond-fishing going of Salt-pans Milnes and Killes hiring of Shearers and using of Merchandize on that day and otherwayes Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Ratifies and Approves all former Acts of Parliament made for observation of the Sabbath-day and against the breakers thereof And by these presents Inhibits and Discharges all Salmond-fishing going of Salt-pans Milnes or Killes all hiring of Sheaters carrying of Loads keeping of Mercats or using any sorts of Merchandize on the said day and all other prophanation thereof whatsoever under the pains and penalties following viz. The sum of twenty pounds Scots for the going of ilk Salt-pan Miln or Kill on the said day to be paid by the Heritors and Postessors thereof and the sum of ten pounds for ilk Shearer and Fisher of Salmond on the said day the one halt thereof to be paid by the Hirers and Conducers and the other half by the persons hired and the said sum of ten pounds for every other prophanation of the said Day And which Fines and Penalties are to be uplifted and disposed of in manner contained in the Act and Instructions anent the Justices of Peace and if the party Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XIX Act against Swearing and Excessive Drinking OUr Soveraign Lord being desirous that all His Subjects within this Kingdom may live a quiet and peaceable life under His Government in all godlinesse and honesty and in order thereto having resolved to curb and suppresse all sort of sin and wickednesse and especially these abominable and so much abounding sins of Drunkennesse and all manner of Cursing and Swearing Therefore our said Soveraign Lord Ratifies and Approves all Acts of Parliament made in former times against the said crimes or either of them And further Declares That each person who shall Blaspheme Swear or Curse and whosoever shall Drink into excess shall be lyable in the pains following according to the quality of the offenders viz. Each Nobleman in twenty pounds Scots each Barron in twenty Merks each Gentleman Heritor or Burgess in ten merks each Yeoman in fourty shillings each Servant in twenty shillings toties quoties each Minister in the fifth part of his years Stipend and that the saids Fines and Penalties be uplifted and disposed upon in manner contained in the Act and Instructions anent the Justices of Peace And if the partie Offender be not able to pay the penalties foresaid then to be exemplarly punished in his body according to the merit of his fault XX. Act against Cursing and Beating of Parents OUr Soveraign Lord and Estates of Parliament considering how great and atrocious a crime it is for Children to beat or curse their Parents And how the Law of GOD hath pronounced just sentence of death against such as shall either of these wayes injure either of their Parents Therefore His Majesty with advice of His said Estates Doth hereby Statute and Ordain That whosoever Son or Daughter above the age of sixteen years not being distracted shall Beat or Curse either their Father or Mother shall be put to Death without mercy and such as are within the age of sixteen years and past the age of pupillarity to be punished at the arbitrement of the Judge according to