I. ACT concerning the President and Oath of Parliament.

FOrasmuch as it hath pleased Almighty GOD, to compassionat the troubles and confusions of this Kingdom, by returning the Kings most excellent MAjESTY to the exercise of that Royal Government, under which, and its ex­cellent constitution, this Kingdom hath for many ages injoyed so much happiness, peace and plenty. And it being upon good and im­portant considerations, an inviolable practice in this Government before these troubles, that the person nominate by His MAjESTY, to be His Chancellor with­in this Kingdom, did of right, and as due to his place, preside in all Meet­ings of Parliament and other publick Judicatories of the Kingdom, where he was present for the time. And His MAjESTY now consider­ing the great advantages, do accress to the publick good of His Subjects, by the due observance of such ancient and well grounded Customs and [Page 4]Constitutions, and the prejudices that do accompany a change thereof: Therefore His MAjESTY, with advice and consent of His Estates of Parliament, doth Declare, That the present Lord Chancellor, and such as hereafter shall be nominate by His MAjESTY, or His Royal Successors, to succeed in that place; and in case of their absence, such as shall be no­minate by His MAJESTY, are by vertue and right of the said office and such nomination respective, to preside in all meetings of His MAJES­TIES Parliaments or other publick Judicatories of the kingdom, where they shall happen to be present, and that they are now and in all time coming to injoy this priviledge. And in discharge of this trust, they are at the first down-sitting of every Parliament, to administer to all the Members thereof the Oath of Alleagiance, whereof the tenor follows;

I, for testification of my faithfull obedience to my most gracious and re­doubted Soveraign, CHARLES, King of Great Brittain, France and Ire­land, Defender of the Faith, &c. Affirm, testifie and declare, by this my solemn Oath, That I acknowledge my said Soveraign only Supream Go­vernour of this Kingdom, over all Persons and in all Causes; and that no Forraign Prince, Power or State, nor person Civil or Ecclesiastick, hath any Jurisdiction, Power or Superiority over the same: And therefore I do utterly renounce and forsake all Forraign Jurisdictions, Powers and Authorities; and shall at my utmost power, defend, assist and maintain His MAJESTIES Jurisdiction foresaid against all deadly, and never decline His MAJESTIES Power nor Jurisdiction, as I shall answer to GOD. With this addition, And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament, as I shall answer to GOD.

Likeas His MAJESTY, with advice foresaid, doth hereby Rescind and Annull all Acts, Statutes or Practices, as to the President or Oath of Parliament, which are prejudicial unto, or inconsistent with, this present Act, and Declare the same to be void and null in all time coming.

II. Act and Acknowledgement of His MAjESTIES Prerogative, in the choice of His Officers of State, Councellors and Judges.

THe Estates of Parliament, considering the great obliga­tions that do ly upon them from the Law of GOD, the Laws of Nations, the municipal Laws of the Land, and their Oaths of Alleagiance, to maintain and defend the Soveraign Power and Authority of the Kings MAJESTY, and the sad consequences that do accompany any incroachments upon, or diminutions thereof: Do therefore from their sense of humble duty, Declare, That it is an inherent priviledge of the Crown, and an undoubted part of the Royal Prerogative of the Kings of this Kingdom, to have the sole choice and appointment of the Officers of Estate, and Privy Councel­lors, [Page 5]and the nomination of the Lords of Session as in former times, preceeding the year, 1637. And that the Kings Sacred MAJESTY and His Heirs and Successors, are for ever, by vertue of that Royal Power, which they hold from GOD Almighty over this Kingdom, to injoy and have the full exercise of that Right. And therefore, the Kings MAJESTY, with advice and consent of His Estates of Parliament, doth hereby Rescind and Annull all Acts, Statutes or Practices to the con­trair, and Declare them to have been undutifull and disloyal invasions upon the Royal Prerogative, and to be void and null in all time coming.

III. Act asserting His Majesties Royal Prerogative, in the calling and dissolving of Parliaments, and making of Laws.

THe Estates of Parliament now conveened, by His MAJESTIES special Authority, considering that the Quietness, Stability and Happiness of the people, do depend upon the Safety of the Kings MAJES­TIES Sacred Person, and the maintenance of His So­veraign Authority, Princely Power, and Prerogative Royal. And conceiving themselves oblieged in conscience, and in discharge of their duties to Almighty GOD, to the Kings MAJESTY, and to their Native Country, to make a due acknowledgement there­of at this time; Do therefore unanimously Declare, That they will with their lives and fortunes maintain and defend the same. And they do hereby acknowledge, that the power of Calling, Holding, Prorogu­ing and Dissolving of Parliaments, and all Conventions and Meetings of the Estates, doth solely reside in the Kings MAJESTY, His Heirs and Successors. And that as no Parliament can be lawfully keeped without the special warrand and presence of the Kings MAJESTY, or His Commissioner; so no Acts, Sentences or Statutes, to be past in any Parliament, can be binding upon the people, or have the Authority and force of Laws, without the special Authority and Approbation of the Kings MAJESTY or His Commissioner, interponed thereto, at the ma­king thereof. And therefore the Kings MAJESTY, with advice and consent of His Estates of Parliament, doth hereby Rescind and Annull all Laws, Acts, Statutes or Practices that have been, or upon any pre­text whatsoever, may be, or seem contrair to, or inconsistent with, His MAJESTIES just Power and Prerogative above-mentioned, and De­clares the same to have been unlawfull, and to be void and null in all time coming. And to the end, that this Act and Acknowledgement, which the Estates of Parliament, from the sense of their humble duty and certain knowledge have hereby made, may receive the more exact obedience in time coming, It is by His MAJESTY, with advice foresaid, Statute and Ordained, that the punctual observance thereof, be specially [Page 6]regarded by all His MAJESTIES Subjects, and that none of them upon any pretext whatsoever, offer to call in question, impugne, or do any deed to the contrair hereof, under the pain of Treason.

IIII. Act asserting His Majesties Royal Prerogative, in the making of Leagues and the conven­tions of the Subjects.

THe Estates of Parliament, considering that the main­tenance of His MAjESTIES Authority and Royal Prerogative, in and concerning the making of Leagues and the conventions of the Subjects, is not only a ne­cessary duty of the people, but of singular advantage to their happiness and peace: And that their Prede­cessors wisely foreseing the good and benefit thereof, and the prejudices and miseries that inevitably did accompany the neglect of the same, did therefore by many several Acts and Laws, assert the Kings Prero­gative and Authority therein; and particularly by the hundred and thirty one Act of the eight Parliament of King James the sixth, it is Statute and Ordained, That none of his Highness Subjects of whatso­ever quality, state or function, presume to convocat, conveen or assemble themselves for holding of Councils, Conventions, or Assemblies, to treat, consult and determine in any matter of State, Civil or Ecclesi­astick (except in the ordinary Judgements) without His MAJESTIES special command, or express licence, had and obtained thereto, under the pains made against such as unlawfully convocats the Kings Leidges. And by the twelfth Act of the tenth Parliament, holden the tenth of December, one thousand five hundred and eighty five, It is by His MA­JESTY, with advice of His three Estates, Statute and Ordained, that no Leagues nor Bonds be made among His Subjects of any degree, up­on whatsoever colour or pretence, without His Highness or His Succes­sors privitie and consent, had and obtained thereunto, under the pain to be holden and execute as movers of Sedition to the breach of the Peace. And now finding that the due observance of these Laws, might have contribute much to the preventing of these confusions and troubles, which in these late times have almost ruined both the Kings MAJESTY and all His loyal Subjects: Therefore His MAJESTY, with advice and consent of His Estates of Parliament, doth revive, re­new, ratifie and approve these Acts above-mentioned, and Ordain the same to be punctually obeyed in all time coming, conform to the tenor thereof, and under the pains therein contained. And Declares, that any explanation or glosse, that during these late troubles hath been put up­on these Acts, as that they are not to be extended against any Leagues, Councils, Conventions, Assemblies or Meetings, made, holden or kept by the Subjects for preservation of the Kings MAJESTY, the Religion, [Page 7]Laws and Liberties of the Kingdom, or for the publick good either of Kirk or Kingdom, are false and disloyal, and contrair to the true and genuine meaning of these Acts: And therefore His MAJESTY, with advice foresaid, doth Discharge, and for ever Annull the same, and all Acts and Practices that have been in pursuance thereof.

V. Act asserting His Majesties Royal Prerogative in the Militia, and in making Peace and War, &c.

THe Estates of Parliament, considering the great happiness that this Kingdom hath for many ages enjoyed, under the princely Government of their Royal Kings; who by the special blessing of Almighty GOD, have reigned over them, in so long and an unparallel'd series of Royal descents; and the obligation thereby lying upon them, in conscience, honour and gratitude, to owne and assert the Royal Prerogatives of the Imperial Crown of this Kingdom, which the Kings MAJESTY holds from GOD Almighty alone. An to vindicat the same from these invasions, which by the malice or specious pretexts of ill affected per­sons, and the confusions and disorders of the late times, have been made upon it, Do therefore Declare, That the power of Armes and making of Peace and War, or Treaties and Leagues with Forraign Princes or Estates, doth properly reside in the Kings MAJESTY, His Heirs and Successors; and that it was and is their undoubted Right, and theirs alone, to have the power of raising in Armes, the Subjects of this Kingdom, and of the commanding, ordering and disbanding, or otherwise dispo­sing thereof; and of all Strengths, Forts or Garrisons within the same, as they shall think fit; the Subjects alwayes being free of the Provi­sions and Maintenance of these Forts and Armies, unless the same be concluded in Parliament or Convention of Estates. Likeas the Kings MAJESTY, with advice and consent foresaid, doth hereby Declare, That it is, and shall be high Treason to the Subjects of this Kingdom, or any number of them, more or less, upon any ground or pretext what­soever, to rise or continue in Armes, to maintain any Forts, Strengths or Garrisons, to make Peace or War, or to make any Treaties or Leagues with Forraign Princes or Estates, or among themselves, without His MAJESTIES special Authority and Approbation first interponed thereto; And doth discharge all His MAJESTIES Subjects to offer upon any pretext whatsoever, to attempt the doing of any of these things hereafter, under the said pain of Treason. And in further de­testation of such unlawfull and unwarratnable practices, the Kings MA­JESTY, with advice and consent of His Estates of Parliament, doth hereby Rescind and Annull all Acts, Statutes, Ordinances or Deeds, past or done in any Parliaments, Conventions, or other Meetings whatso­ever, or any otherwise, in so far as they are, or may be contrair to, or in­consistent [Page 8]with, this present Act; and Declares the same (dispensing with the generality, and holding all the particulars as verbatim herein inserted) to be void and of no force nor effect in time coming.

VI. Act annulling the pretended Convention of Estates, kept in the year, 1643.

FOrasmuch as the power of calling of Parliaments, or Conventions of the Estates of this Kingdom, hath al­wayes been, and is an undoubted priviledge of the Crown, and doth soly reside in the Kings MA­JESTY: And that notwithstanding thereof (among the many other invasions, which during these late times, have been made upon the Royal Prerogative) a pretended Meeting and Convention of the Estates was called and kept at Edin­burgh, in June, one thousand six hundred fourty three, without any warrand from the Kings MAjESTY: And the Estates of Parliament now conveened by His MAjESTIES speciall Authority, having taken into their consideration the indiction, reasons and grounds of the calling of the said Convention, do find that the said pretended Convention of Estates, notwithstanding of all the specious 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 [Page 9]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. [Page 10]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 Nations, by the municipal Laws of the Land, by their Alleagiance, and by all the strictest bonds of Conscience and Honour, oblieged to the most Sacred Person, and Royall Authority of their King's MAjESTY. And therefore, Our Soveraign Lord, with advice and consent of His Estates of Parliament, doth Ratifie and Approve that Engagement for His MAjESTIES relief and restitution to His Royal Government. And doth Declare, that as it was a most noble and pious Testimony of the Loyalty of His MAjESTIES good Subjects of His ancient King­dom; and of their affection and zeal to His MAjESTIES Person and Government: So His MAjESTY, for Himself and His Successors, doth assure, that They will alwayes retain a gratefull resentment thereof; And have appointed these presents to remain upon Record, for the due honour of these persons who did engage therein, and of their posterity for ever.

And whereas the necessity and justice of this undertaking, with the interest this Kingdom had in His Majesties Person, by the honour of His Royal Birth, and by these many and singular Acts of Grace He had lately conferred upon it, might justly have claimed a ready concur­rence of all the Subjects; Yet there wanted not some, and even such, whom not long before, His Majesty had oblieged by marks of His Royal Favour both of honour and profit, who made it their work to disappoint and oppose the same: And for that end, having gathered some mutinous Commons and others, who by a few seditious Ministers, had been preached into an open Rebellion they in the moneth of Sep­tember one thousand six hundered fourty and eight years, without any lawfull Authority, (and not giving the Oath mentioned in the Com­mission of Parliament: without which, it was expresly provided, they [Page 12]were not to have accesse to, nor place in, the Committee) did usurpe to themselves the name and power of a Committee of Estates; and having by their own Edicts, declared all such persons as had given testi­mony of their duty and loyalty to the King, to be uncapable of being Members of Parliament, or of having voice in the Elections to the Parliaments. They then, without any lawfull Authority, called a Packt meeting of Parliament, to consist onely of persons of their own stamp and faction: who accordingly met in January, one thousand six hundred fourty and nine years: and assuming to themselves the Sove­raign Authority and Government of the Kingdom, intended to esta­blish and fix the power in their own persons for ever. For which pur­pose, having publickly declared against that necessary and just Engage­ment, for His Majesties relief and restitution to His Royal Govern­ment: Having approven all the oppositions and risings in Armes against the same, and by Oath solemnly engaged themselves to a con­stant adherence thereunto: Having for their assistance called in the Usurper Cromwel, and a part of his Army: Having by publick engage­ment, given up the Honour and Safety of this ancient Kingdom to the English; and declared, that His Majesty should be oblieged to Ratifie that unworthy Act, before any Treaty were with Him for His relief: Having given order to their Commissioners, to Protest against any agreement betwixt His Majesty and His Subjects in England, in the Treaty at the Isle of Wight: Having, so far as in them lay, weakned and dissolved the common Alleagiance of the Subjects to the King's Majesty, by proclaiming His Right to the Crown, with base restricti­ons and limitations, and pressing the Subjects against their consciences, to subscribe the same: Having disowned His Majesties interest in the Quarrel betwixt them and the English, who had invaded this King­dom, meerly to destroy His Majesties Interest in it: Having taken the lives of some, and forced others of His Majesties good Subjects, of best quality, to flie to Forraign parts for their safety: Having fined, con­fined, imprisoned and seized upon the livelyhood of many: Having put disgracefull characters and incapacities upon all who had witnessed any affection to His Majesties Government: Having unjustly pro­nounced, and with cruelty executed Sentences of Forfeiture against the lives and fortunes of such as from conscience of their duties, did op­pose them: Having in their publick Meetings, appointed, that the in­nocent wives and children of these, who offered to vindicate His Ma­jesties Authority, should be seized on, and transported to Forraign Countries: Having once and again sollicite their Brethren in Eng­land, that such of this Kingdom, as (for ventering their lives for the King) were then prisoners in England, should be still kept prisoners, as Pledges of the Peace: Having thrust out of the Offices of State, places of Judicatory and publick Trust, all such as were willing to en­gage for His Majesties relief and restitution to His Government, and put such in their places, as did oppose the same: Having laid on, and raised, great exactions and sums of money from the people, and em­ployed them for their own uses: Having seized on His Majesties Re­venews, and bestowed them upon themselves, and such others as were [Page 13]in open Opposition and Armes against Him: Having also seized upon the Properties and due Rights of the Subjects, and the Patronages by Law secured unto them: And having, by these and many such like Acts, endeavoured to perpetuate themselves in their usurped Power, they prorogated the Meetings of their pretended Parliaments from time to time, substituting some of their Trustees, for carrying on of their designs in the while. And the Estates of Parliament, having taken these proceedings unto their serious consideration, Do find, that there was no Law, nor lawfull Authority for the Meetings of these pretended Parliaments and Committees of Estates; But that the per­sons, meeting therein, did without any lawfull warrand, and in con­tempt of His Majesties Authority, usurpe the power to themselves.

And therefore, the King's Majesty, with advice and consent of His Estates of Parliament, doth Rescind and Annull these pretended Meet­ings of Parliament, and Committees above mentioned, and all other Meetings of any pretended Parliaments or Committees flowing from the same, and all Acts, Deeds and Treaties, done by them or their warrand: Execepting alwayes all such Acts as were past in any Meet­ing of Parliament, or Committee of Estates, authorized by His Ma­jesties presence, and are not inconsistent with this present Act. And also Declares any Ratification, which thereafter was past, of those Meetings and Acts, to have been void from the beginning: Except in so far as is exprest in the Indempnity, Declarations and Provisions after mentioned. Yet, notwithstanding of all these provocations, the King's Majesty, from His innate goodness, being more desirous to reclaim His Subjects to their duty by Acts of Mercy, then to reduce them by their too much deserved Censure, Doth, of His meer favour and grace, with advice and consent foresaid, Indempnifie all such per­sons, who sat and acted in these pretended Parliaments and Commit­tees, or who acted in order thereunto, or by vertue of, and in obedi­ence to, the same, To be in all time coming, unquestioned in their lives and fortunes, for these their actings; Excepting such as shall be excepted in a generall Act of Indempnity, to be past by His Majesty in this Parliament.

And forasmuch as the Ordinar Courts of Justice, did sit and act by Warrand of these Meetings, the Kings MAjESTY, for the good and ease of the people, doth with advice foresaid, Declare, That none of the Acts, Decreets or Sentences, given by these who sat as Lords of Session, or as inferiour Judges within this Kingdom these years, nor no Execution following thereupon, are for want of lawfull Authority to be questioned: Whereanent, His MAjESTY, with advice foresaid, by these presents dispenses. And also, His MAjESTY, considering that by a pretended Act and Commission, from the said pretended Meetings or Parliaments, Augmentations were granted to Ministers, Kirks were di­vided, new Kirks were erected, and Lands from one Paroch to another, dis-joyned and annexed; and divers other particulars decerned, in re­lation to the Plantation of Kirks: which Commissions, one or more, though they had no lawfull Authority, but in themselves were and are null. Yet His MAjESTY, being desirous to give all due encourage­ments [Page 14]to the Ministers of the Gospel, doth, with advice and consent foresaid, Declare, That all Acts, Decreets and Sentences, pronounced and given forth by the saids Commissioners, and all Executions there­upon, are and shall stand valid in time coming, except such as upon the complaint of any party, shall be found to have been unjustly or exor­bitantly pronounced and decerned. The determination whereof, is hereby referred by His MAjESTY, with advice and consent foresaid, to the Commission for Plantation of Kirks, to be established by His Majesty in this present Parliament; that they after hearing of parties, and consideration of particulars, may take such course for altering, an­nulling or allowing of what was done by vertue of the saids Commis­sions in the years, one thousand six hundred and fourty nine, and one thousand six hundred and fifty, as they shall think just, conform to the standing Laws and Acts of Parliament, preceeding the year one thousand six hundred and fourty nine; and Ordains process upon sup­plication to be summarly granted, parties alwayes being cited, and that without any reduction. As also, with power to the saids Commis­sioners to be appointed, upon the dependence of the saids complaints and process, to discharge execution upon the foresaids Decreets in whole or in part, as they shall find just, ay and while the matter may be determined by them. And forasmuch as by a pretended Commission for the Exchequer, divers Infeftments, Gifts and others, were past in the foresaids years, one thousand six hundred and fourty nine, and one thousand six hundred and fifty; His Majesty, with advice foresaid, Declares, That all such Gifts, Infeftments and others, are and shall be valid, excepting alwayes new Gifts and Dispositions of Lands and others, granted and past to His Highness prejudice, and such other Gifts as upon the complaints of parties, shall by His Majesties Treasurer and Commissioners of Exchequer, be found to have been unjustly granted or past, in prejudice of prior Gifts under His Majesties Hand, though not past in Exchequer. And whereas by a pretended Act of the fore­said pretended Parliament, entituled, Act abolishing the Patronages of Kirks, all Patronages and Presentations of Kirks, whether belonging to the King or any Laick Patron, Presbyteries or others, were discharged, and all Acts, Gifts and Rights, granted thereanent, Rescinded. And yet neverthelesse, it was thereby declared, That the taking away of the Patronages, should not prejudge the Patrons Rights to the Teinds, nor weaken his Infeftment wherein the same is contained. And that the Teithes of the Kirks, whereof the Presentations were abolished, should belong hereritably to the Patrons, and be inserted in their Rights and Infeftments in place of their Patronage, with power to the Patrone to dispone upon the saids Teinds, in manner and with the exception con­tained in the said Act. And notwithstanding that the foresaid Act and whole Parliament be declared null; yet nevertheless, His Majesty, with advice foresaid, doth by these presents Declare, That it shall be lawfull to Laick Patrons or Heretors, to agree with the beneficed per­sons for Tacks or Rights of Teinds, belonging to the said beneficed person, according to the Laws of the Kingdom; with this provision, that the saids Tacks, shall be no wayes prejudicial to the Stipend and [Page 15]Maintenance of the Ministers and persons to be presented, according as the same hath been already modified, or shall be modified in time com­ing; and that notwithstanding of any Acts or Statutes made in the contrair. All which Acts, His Majesty, with consent foresaid, by these presents Discharges; And in like manner, His Majesty, with advice foresaid, Declares, That as to such persons who are presently in posses­sion of Kirks, pertaining to the saids Laick Patronages, the saids per­sons and Ministers shall, during their service, claime no right nor pos­session to the Teinds of their saids Kirks and Parochins, other then they had formerly before the making of this Act; they having al­wayes a sufficient maintenance allowed and granted to them, according to the Laws of the Kingdom.

X. Act condemning the Transactions concerning the Kings Majesty, whilst He was at Newcastle, in the years, 1646. and 1647.

THe Estates of Parliament, considering the many sad and dangerous consequences that do accompany the neglect and contempt of lawfull Authority; and that among the other Judgements, wherewith it pleaseth Almighty GOD to visit such who resist the Powers, and oppose the Commands of those intrusted by Him, as His Vicegerents, for the Go­vernment of His People, they are ofttimes left to their own counsels, to do that which highly provokes GOD to wrath, renders themselves justly odious to the world, and hatefull to their posterity. Where­of there is too doolfull an experiment in an Act of the printed Records of Parliament, of the sixteenth of January, one thousand six hundred and fourty seven, entituled, Declaration of the Kingdom of Scotland, concerning the Kings Majesties Person. Which being now taken into consideration, The Estates of Parliament do find and Declare, That it was carried on, and concluded by a prevalent party, against the judge­ment of many of His Majesties Loyal Subjects; And that it is a most sinfull, disloyal, and unworthy Act, contrary to the will and command­ment of GOD; contary to all Laws, Divine and Humane; contary to the Duty and Alleagiance of Subjects; contrary to all the rules of Justice, Honour, Gratitude and Humanity; and highly reflecting on the honour of this ancient Kingdom, and the reputation of His Ma­jesties good Subjects therein. And therefore, the Kings Majesty, with advice and consent of His Estates of Parliament, doth hereby Annull and Condemn the same for ever: And Ordains it to be expunged out of all Records, and never to be remembred again, but with due abhor­rence and detestation.

And the Estates of Parliament, conceiving themselves obliged in conscience, to make the truth of this business, and the manner of the [Page 16]carrying of it, known to the World, for the just vindication of this Kingdom, and His Majesties dutifull and loyal Subjects, who other­wise may seem to be comprehended and concluded in it. They do therefore, from their certain knowledge, Declare, That even in that Parliament (from which many of His Majesties good Subjects were de­barred, for their affection and adherence to His Majesties Service and Commands) there was a considerable number of worthy Patriots, of all Estates, who, at the passing of that base Act, gave a publick testi­mony and dis-assent from it, which is here Recorded for their due ho­nour; and for which, their memory will in all ages receive a famous celebration. And that there were divers others, who, upon the pre­texts of Reformation and assurances of the Safety of His Majesties Person, being inveigled, were in the simplicity of their hearts drawn along for the time: But shortly thereafter, being convinced of their error, did imbrace the first opportunity to expiate the same, by freely hazarding their lives and fortunes in the year one thousand six hundred and fourty eight, to reedeem His Majesty from these restraints and dangers, which by that impious Act He was driven into. And therefore, His Majesty, with advice and consent foresaid, doth Declare, That the Act of Parliament foresaid, of the sixteenth of January, one thousand six hundred and fourty seven, is not to be look'd upon as the Deed of the Kingdom, but as the Act of a few disloyal and seditious persons, who, having upon specious, but false pretences, screwed them­selves into the Government, did by force of Armes, keep the same; and from the conscience of their own guiltiness, being afraid of the justice of His Majesties Government, did violently carry on that Act. And in further owning thereof, did, in the said year, one thousand six hundred and fourty eight, rise in Arms, in opposition to those who en­deavoured to restore His Majesty to His Government, and to relieve Him from the imprisonment and hazard He was then lying under, as the natural effects of that unworthy transaction, so justly hereby condemned.

And for the further clearing of the sense of this Kingdom, as to that base and treacherous Act, and the aspersions, which have been thereup­on raised, as if there had been previous Transactions and Bargains of Money for carrying on of the same, The Estates of Parliament Declare, They do abominat the very thought of any such thing; and that if at any time hereafter, there shall be discovery of any such wickedness, (which they are confident GOD Almighty will in His Justice bring to light, (if it be true) and wherein they earnestly intreat the concur­rence of all His Majesties dutifull and loyal Subjects) The persons guilty thereof, shall without mercy be pursued as the vildest of Trai­tours, and shall be incapable of the benefit of any Act of Pardon, Oblivion, or Indempnity for ever.

XI. Act for taking the Oath of Alleagiance, and asserting the Royal Prerogative.

OUr Soveraign Lord, being truly sensible of the many sufferings and sad confusions, that His dutifull and loyal Subjects have been brought under, during these troubles; and desirous, that His Royal Go­vernment, in it's due Administration, may be re­freshing and comfortable unto them; And conceiving it necessar for that end, and for the honour and advancement of His own Service, the welfare and happiness of His Subjects, and the peace and quiet of this Kingdom, That the places of publick Trust (which be the Channels and Conduits by which His Majesties Government is conveyed unto His People) be supplied and exerced by persons of known integrity, abilities and loyalty. Do therefore Declare, That it is, and will be, His Majesties Royal care, that those whom (ac­cording to the undoubted Right of the Crown) He hath, or shall think fit to call to His Councils, or any publick imployments, shall be so qualified; And that for the full satisfaction of all His good Subjects, and for removing any scruples or jealousies, can arise upon this account, they shall before their admittance to, or exercise of, any such Trust, give such publick testimony of their Duty and Loyalty, as may evi­dence to the world, they are such as the Kingdom and all honest men and good Subjects, may justly confide in. And therefore the Kings Majesty, with advice and consent of His Estates of Parliament, Doth Statute and Ordain, That all and whatsoever person, or persons, who are, or shall be, nominat by His Majesty, to be His Officers of State, of His Privy-Council, Session, or Exchequer, Justice General, Admi­ral, Sheriffs, Commissars, and their Deputes, and Clerks, and all Magistrates and Council of Royal Burghs, at their admission to their several Offices, and before they offer to exerce the same, shall take and swear the Oath of Alleagiance, hereunto subjoyned. And also, that all other persons who shall be required by His Majesties Privy-Council, or any having Authority from them, shall be oblieged to take and swear the same.

And since all the troubles and miseries that have overspread this Kingdom, and almost destroyed all religious and civil, all publick and private interests, these twenty years by-gone and upwards, have arisen and sprung from these invasions, that have been made upon, and con­tempts done to, the Royal Authority and Prerogative of the Crown, His Majesty conceives Himself oblieged, both for His own Royal inte­rest, and for the publick interest and peace of His people, to be carefull to prevent the like for the future. And therefore, His Majesty, with ad­vice foresaid, Statutes and Ordains, that all persons, who are, or shall be, [Page 18]called to any publick Trust, as said is, shall, beside the taking of the Oath of Alleagiance, be oblieged before they enter to their Offices and Trusts, to assert under their hand writing, His Majesties Royal Preroga­tive, as is exprest in the Acts past in this present Parliament, and in the manner hereunto subjoyned: Certifying all such, as, being required, shall refuse or delay to take the Oath of Alleagiance, they shall not only thereby render themselves uncapable of any publick Trust, but be lookt upon as persons dis-affected to His Majesties Authority and Government; and such as shall refuse, or delay to assert His Maje­sties Prerogative, in manner under-written, shall from thenceforth be uncapable of any publick Trust within this Kingdom.

XII. Act concerning the Judicial proceedings in the time of the late Ʋsurpers.

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 [Page 20]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 [Page 21]and whatsoever Writs, Gifts, Signators of whatsoever nature and quali­ty they be of, past and exped the Privy great and quarter Seals respective, or past according to pretended Orders for the time, when there were no Seals, to be of full force and effect; Providing alwayes, that where any Signators were past in Exchequer under the Usurpers, and the Compo­sition paid, and yet not past the Seals, the same shall be presented and past in Exchequer, de novo, if there be reason therefore, without any Composition; and where Resignations only have been made upon Pro­curatories in the Usurpers time, Signators may without new resignation passe thereupon. It is also provided, that this Act be no wayes ex­tended to new Gifts of Lands, Teinds and others, past to the prejudice of His Majesty, nor to Gifts of Bastardie, or ultimus Haeres, unless the same be of new ratified and approven by His Majesties Treasurer and Commissioners of Exchequer, nor to any other Gifts, Confirmations, Charters upon Resignation, where the saids Gifts, Confirmations and Charters were made and granted, in prejudice of any person or persons, who had former Rights granted unto them by His Majesty, or His Royal Father of blessed memory, under their Seals, or past their Royal Hands. And generally providing, that all and whatsoever Gifts, Grants, Commissions, Charters and other Writs whatsoever, past in Exchequer, and through the Seals in the Usurpers time, and all and whatsoever Acts and Sentences pronounced and given forth by them, shall, and may, be called in question at the instance of any of the people, who may pretend to have been unjustly wronged and prejudged there­by: And that upon complaints to be given in to His Majesties Trea­surer and Commissioners of Exchequer, wherein they shall have power to determin, as they shall think just and reasonable.

XIII. Act and offer of Fourty thousand pounds Sterling, to be paid to the Kings Majesty yearly, du­ring His lifetime, by this Kingdom.

THe Estates of Parliament, taking to their consideration, the great happinesse this Kingdom hath in former time injoyed, under the Government of His Ma­jesties Royal Ancestors, with the miseries and bon­dage, which by the neglect and contempt of the Authority, and commands of His Royal Father of blessed memory, it hath groaned under, during these twenty three years troubles. And that the Kings Majesty, hath been graciously pleased (notwithstanding of all the provocations given to Himself and His Royal Father) to evidence His affection and favour to this His ancient Kingdom, comforting and reviving it, by the Rayes of His Royal Government and Authority, under the protection of which, the just Liberties, Freedom and Interest of [Page 22]this Kingdom, and the Subjects thereof, are, and can only be, secu­red; Do with all humble duty, thankfulnesse and sincerity, acknow­ledge His Majesties unparallel'd Grace and Goodnesse. And that as their happinesse doth depend upon the Safety of His Majesties person, and the establishment and exercise of His Royal Authority and Great­nesse: So this Kingdom, will be ready at all occasions, to offer their Lives and Fortunes against all deadly, in every cause, wherein His Ma­jesties Person, Authority, Prerogative, or Government may be con­cerned. And seing, for the due establishment of His Majesties Au­thority, and setling and securing the peace of this Kingdom, His Ma­jesty may have occasion for some time, to raise and keep some Forces within the Kingdom; and that the late troubles, will at present, ne­cessitate a greater expence, for support of the Royal Government then formerly, and that His Majesty hath signified His resolution, not to raise any more Sess; Therefore, and from the due sense of their duty and obligations, the Estates of Parliament, Do in name of this King­dom, make humble and chearfull offer to His Majesty, of a yearly An­nuity, of Fourty thousand pounds Sterling, during all the dayes of His Majesties lifetime; which they pray may be long and prosperous, that this Kingdom may have further occasion, to let the world know, they do above all things, hate the very thoughts of disloyalty, and that no people under Heaven, can express more duty and obedience to the Authority and Commands of their Soveraign, then they are, and will be ready to do.

XIV. Act for raising the Annuity of Fourty thousand pounds Sterling, granted to His MAjESTY.

THe Estates of Parliament, in pursuance of their Act, of the date the twenty two day of this in­stant; whereby they have made offer to His Majesty of the sum of Fourty thousand pounds Sterling yearly, during all the dayes of His Majesties lifetime, towards the entertainment of any such Forces as His Majesty shall think fit to raise and keep up within this Kingdom; or otherwayes towards the defraying of the necessary charge of His Government, according to His Royal pleasure; Appoints and Ordains the said sum of Fourty thousand pounds Ster­ling, being Four hundred fourscore thousand pounds Scots money, to be raised, levied, collected and paid, in manner under-written; viz. Nine­ty six thousand pounds Scots thereof to be raised yearly off the Inland Salt and Forreign Commodities aftermentioned; To wit, threescore twelve pounds Scots upon ilk Tun of Spanish Wine, Renish Wine, Cannary, Malvesie, and all other Wines of the like kind; fourty eight [Page 23]pounds money foresaid, upon ilk Tun of French Wine, and twelve pen­nies money foresaid, upon ilk pint of Vineger; six pounds upon ilk Bar­rel of imported Soap; fourty shillings upon ilk Boll of Forreign Bey­salt, and Salt upon Salt, Linlithgow Measure; twenty shillings upon ilk Boll of imported White-salt, and fifteen shillings upon ilk Boll of In­land Salt, measure foresaid: But prejudice nevertheless to the present Tacks-men of the Forreign and Inland Salt, during the time set to them by the Commissioners of Excise, to exact the Rates therein men­tioned: twelve pennies money foresaid, upon ilk pound of Tobacco, imported by the Natives of this Kingdom, from the Tobacco Plan­tations, and three shillings upon ilk pound imported thence by For­reigners. Item three shillings upon each pound of Tobacco, imported by the Natives of this Kingdom, from any other place then the fore­saids Plantations, and six shillings upon ilk pound imported by For­reigners; twelve shillings upon ilk Ell of Cloath imported into this Kingdom above six pounds the Ell, and six shillings upon ilk Ell of imported Cloath at or below six pounds the Ell; six shillings the Ell upon all sort of imported Searges; three shillings upon ilk Ell of Ca­stilians, or other imported worstead Stuffs whatsoever; three shil­lings upon ilk Ell of all sorts of imported hair Stuffs whatsoever; three pounds twelve shillings upon the Piece of ilk Baver-hat; one pound six shillings upon ilk Demy-baver and Vigon, and twelve shillings upon the Piece of all other sorts of Hats imported into this Kingdom; one pound sixteen shillings upon the dozen of all imported worstead Stockins; twelve shillings upon the pair of double Stag-gloves; six shillings upon the pair of single Stags and Cordivans; three shil­lings upon ilk pair of Kids, Sheep and Lamb Leather, and all other sort of Gloves; one pound sixteen shillings upon ilk Trunk of the largest size; one pound four shillings upon ilk Trunk of middling size; twelve shillings money foresaid upon ilk Leather Male of the largest size; six shillings upon ilk Leather Male of middling size, imported into this Kingdom, and one shilling, all Scots money foresaid, upon the pound value of all other Forreign Commodities (except the particu­lars after excepted) to be paid by the Retailer: that is to say, The first Buyer of the saids Commodities from the Importer or Salt-maker of Inland Salt, or by the saids Importer or Salt-makers, for what they shall either make use of themselves, or sell out in Parcels. Item twenty shillings upon ilk Horse; eighteen shillings upon ilk Cow, and two shillings money foresaid upon ilk Sheep imported into this Kingdom, to be paid by the Importer thereof. The particular or­dering and regulating of the which Excise of the Commodities above­written, is hereby remitted to the Commissioners of Excise, who are to put the same in Farm or Collection to the best avail.

Provided alwayes, likeas it is hereby expresly provided, that the Forreign Commodities aftermentioned; viz. All Salt imployed upon Barrell'd fish, whether transported out of this Kingdom or made use of within the same; All Pitch, Tar, Cordage, Cork, Nets, Iron, Copper, Brass, Tinn unmade, Pot-ashes, Oyl, and all other ingredi­ents for Soap; all Flax, Hemp and Hops, untwined Silk; all Mate­rials [Page 24]for dying; all Deals, Trees, Stings for Coupers, Knapl, Wain­scot, Planks, and Oak-wood whatsoever for shipping; all Barrel­staffs or Materials whatsoever for fishing; all Suggars brought from the Plantations in Scots-bottomes; all unfined Suggar, brought from any place: As also, all Materials for Manufactures, as Spanish and Sigo­via Wool and others, are and shall be free of any Excise imposed by vertue of this present Act.

And the remainder of the foresaid four hundred fourscore thousand pounds Scots money, being three hundred eighty four thousand pounds, to be raised out of the Bear, Ale, Aquavitae and Strongwaters, at the rate of two merks Scots upon ilk Boll of Malt, brewed and sold within this Kingdom; three shillings money foresaid upon ilk pint of Aquavitae or Strongwaters not made of Malt, brewed and sold with­in this Kingdom; six shillings upon ilk pint of Forreign Aquavitae or Strongwaters, and twelve shillings upon ilk Barrel of imported Bear: And what this imposition shall be short of the quota of Excise, imposed upon the several Shires and Burghs by the List under-written, the same to be supplied by the said Shires and Burghs, in lew of the Malt brewed in their own houses, in manner after-mentioned. Likeas, it is hereby declared, that the said several Shires and Burghs shall be, and are by these presents lyable in the payment of the respective Monethly pro­portions under-written, viz.

• The Sheriffdom of Edinburgh principal (the Town of Edinburgh and pertinents excepted) in the sum of two thousand six hundred three­score four pounds, Scots money foresaid, monethly.
• The Town of Edinburgh, comprehending Cannongate, South and North-Lieth, with the whole pendicles and pertinents, in the sum of three thousand seven hundred thirty two pounds.
• The Sheriffdom of Haddingtoun, and Burghs within the same, in the sum of one thousand six hundred fourscore fifteen pounds.
• The Sheriffdom of Berwick, comprehending the Bailery of Lauderdaile and Burghs within the same, in the sum of six hundred ten pounds sixteen shillings.
• The Sheriffdom of Roxburgh and Burghs within the same, in the sum of seven hundred fourscore four pounds sixteen shillings.
• The Sheriffdom of Selkirk and Burghs within the same, in the sum of one hundred fifty three pounds ten shillings.
• The Sheriffdom of Peibles and Burghs within the same, in the sum of one hundred thirty seven pounds ten shillings.
• The Sheriffdom of Lanerick and Burghs within the same, (Glasgow excepted) in the sum of nine hundred threescore eight pounds eight shillings.
• The Town of Glasgow, in the sum of one thousand seven hundred fourty four pounds four shillings.
• The Sheriffdom of Dumfrieze and Burghs within the same, in the sum of five hundred threescore sixteen pounds.
• The Sheriffdom of Wigtoun and Burghs within the same, in the sum of two hundred four pounds twelve shillings.
• [Page 25]The Stewartrie of Kirkcudburgh and Burghs within the same, in the sum of three hundred fourty eight pounds.
• The Sheriffdom of Air and Burghs within the same, in the sum of one thousand six hundred threescore fifteen pounds sixteen shillings.
• The Sheriffdom of Dunbartoun and Burghs within the same, in the sum of one hundred fourscore fourteen pounds.
• The Sheriffdom of Bute and Burghs within the same, in the sum of fifty seven pounds.
• The Sheriffdom of Renfrew and Burghs within the same, in the sum of four hundred fifty seven pounds four shillings.
• The Sheriffdom of Stirling and Burghs within the same, in the sum of nine hundred twenty pounds eight shillings.
• The Sheriffdom of Linlithgow and Burghs within the same, in the sum of seven hundred fourscore nineteen pounds four shillings.
• The Sheriffdom of Pearth and Burghs within the same, in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings.
• The Sheriffdom of Kincairden and Burghs within the same, in the sum of three hundred threescore three pounds twelve shillings.
• The Sheriffdom of Aberdeen and Burghs within the same, in the sum of two thousand five hundred and eighteen pounds nineteen shillings.
• The Sheriffdom of Bamff and Burghs within the same, in the sum of three hundred fourscore seven pounds three shillings.
• The Sheriffdom of Innerness and Burghs within the same, in the sum of six hundred fourscore fourteen pounds eight shillings.
• The Sheriffdoms of Elgin and Nairn and Burghs within the same, in­cluding that part of the Paroch of Ferin-tosh, which pertains to the Sheriffdom of Nairn, in the sum of five hundred thirty six pounds four shillings.
• The Sheriffdom of Cromarty and Burghs within the same, in the sum of thirty pounds.
• The Sheriffdom of Argyle and Burghs within the same, in the sum of one hundred fourscore thirteen pounds sixteen shillings.
• The Sheriffdoms of Fife and Kinross and Burghs within the same, in the sum of four thousand fourscore eight pounds eight shillings.
• The Sheriffdom of Forfar and Burghs within the same, except as is after excepted, in the sum of one thousand fourscore four pounds four shillings.
• The Town and Paroch of Dundee, with the Miln and Miln-lands there­of, in one thousand one hundred threescore two pounds four shillings.
• The Sheriffdom of Sutherland and Burghs within the same, in the sum of threescore twelve pounds twelve shillings.
• The Sheriffdom of Kaithness and Burghs within the same, in the sum of one hundred thirty three pounds four shillings.
• The Sheriffdoms of Orknay and Zetland and Burghs within the same, in the sum of one hundred fourscore thirteen pounds sixteen shillings.
• The Sheriffdom of Clackmannan and Burghs within the same, in the sum of two hundred fourty two pounds two shillings.
• [Page 26]The Sheriffdom of Ross and Burghs within the same, in the sum of two hundred and four pounds.

And if the Excise imposed upon the Inland Salt and Forreign Com­modities, shall exceed the foresaid sum of ninety six thousand pounds, appointed by this Act to be raised off the same, then the superplus to be imployed and made use of, by such as shall be in­trusted by His Majesty with that affair, for the relief of such Shires and Burghs, as they shall find to be overburdened, or disproportionat by the foresaid List. And for the better and more speedy inbringing and payment of the said three hundred and eighty four thousand pounds, the Kings Majesty, with advice and consent of His Estates of Parliament, nominates, appoints, and ordains the persons under­written, to be Commissioners within the respective Shires and Burghs for regulating, ordering and uplifting of the said Excise; viz.

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 [Page 38]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, [Page 39]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 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 [Page 40]derived therefrom, excepting alwayes, such as shall be excepted in a general Act of Indempnity, to be past by His Majesty in this Par­liament. And it is hereby Declared, That all Acts, Rights and Se­curities, past in any of the pretended Meetings above-written, or by vertue thereof, in favours of any particular persons, for their civil and private interests, shall stand good and valid unto them, untill the same be taken into further consideration, and be determined in this, or the next Session of this Parliament.

XVI. Act concerning Religion and Church Government.

OUr Soveraign Lord, being truly sensible of the mer­cies of Almighty GOD, towards Him in His pre­servation, in the times of greatest trouble and dan­ger, and in His miraculous Restitution to His just Right and Government of His Kingdoms. And being desirous to improve these Mercies, to the glo­ry of GOD and honour of His great Name, Doth with advice and consent of His Estates of Parliament, Declare, That it is His full and firm resolution, to maintain the true reformed Pro­testant Religion, in it's purity of Doctrine and Worship, as it was esta­blished within this Kingdom, during the Reigns of His Royal Father and Grand-father of blessed memory. And that His Majesty will be carefull to promote the power of Godlinesse, to encourage the exer­cises of Religion, both publict and private, and to suppresse all pro­phanesse, and disorderly walking. And for that end will give all due countenance and protection to the Ministers of the Gospel, they containing themselves within the Bounds and Limits of their Mini­sterial Calling, and behaving themselves with that submission and obedience to His Majesties Authority and Commands, that is suit­able to the Allegiance and Duty of good Subjects. And as to the Go­vernment of the Church, His Majesty will make it His care, to setle and secure the same, in such a frame as shall be most agreeable to the word of GOD, most suitable to Monarchicall Government, and most complying with the publict peace and quiet of the Kingdom. And in the mean time, His Majesty, with advice and consent foresaid, Doth allow the present Administration by Sessions, Presbyteries and Synods, (they keeping within bounds and behaving themselves as said is) and that notwithstanding of the preceeding Act, rescissory of all pretended Parliaments, since the year one thousand six hundred and thirty eight.

XVII. Act for a Solemn Anniversary Thanksgiving, for His Majesties Restauration to the Royal Government of His Kingdoms.

THe Estates of Parliament of the Kingdom of Scotland, taking to their consideration the sad Condition, Slavery and Bondage, this ancient Kingdom hath groaned under, during these twenty three years Troubles: In which, under the specious pretences of Reformation, a pub­lick Rebellion hath been, by the treachery of some, and mis-perswasion of others, violently carried on against Sacred Authority, to the ruine and destruction, so far as was possible, of Religion, the Kings Majesty, and His Royal Government, the Laws, Liberties and Pro­perty of the People, and all the publick and private Interests of the Kingdom; So that Religion it self, which holds the right of Kings to be Sacred, hath been prostitute for the warrand of all these treason­able invasions made upon the Royal Authority, and disloyal limitati­ons put upon the Alleagiance of the Subjects. And hath it not also been pretended unto, for the warrand of all those vile and bloody Murthers, which in high contempt of Almighty GOD and of His Majesties Authority and Laws, were under colour of Justice committed upon His Majesties good Subjects, meerly for the discharge of their Duty to GOD, and Loyalty to the King? Hath not that Royal Govern­ment, under whose Protection this Nation hath, to the envy of the World, been so famous for many ages, been of late trode under foot, and new Governments and Governours established and kept up with­out His Majesties Authority, and against His expresse Commands? Hath not Law, which is the Birth-right and Inheritance of the Sub­ject, and the Security of their lives and fortunes, been laid in the dust, and new and unjust Edicts and Orders past and published, for subjecting both life and fortune, and what else was dear unto any of His Majesties good Subjects, to the Cruel and Ambitious Lusts of some usurping Rulers? Hath not Religion and Loyalty been the only objects of their Rapine and Cruelty? And hath not their new and arbitrary Exactions and Burdens upon the People, exceeded in one moneth what ever had been formerly in many years paid to any of the Kings of this Kingdom? And when the best of men and the most Excellent of the Kings of the earth, had in an unusual way of confidence rendred His Person to the Trust and Loyalty of His Native Subjects, was not the security of Re­ligion pretended unto by some, who then governed in Church and State, for the ground of that base (and never enough to be abhorred) trans­action, in leaving such a Prince their Native and Dread Soveraign, to [Page 42]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 [Page 43]Killes, hiring of Shearers, and using of Merchandize on that day and otherwayes. Therefore our Soveraign Lord, with advice and consent of His Estates of Parliament, Ratifies and Approves all former Acts of Parliament, made for observation of the Sabbath-day, and against the breakers thereof; And by these presents Inhibits and Discharges all Salmond-fishing, going of Salt-pans, Milnes or Killes; all hiring of Sheaters, carrying of Loads, keeping of Mercats, or using any sorts of Merchandize on the said day, and all other prophanation thereof what­soever, under the pains and penalties following; viz. The sum of twenty pounds Scots for the going of ilk Salt-pan, Miln or Kill on the said day, to be paid by the Heritors and Postessors thereof; and the sum of ten pounds for ilk Shearer and Fisher of Salmond on the said day, the one halt thereof to be paid by the Hirers and Conducers, and the other half by the persons hired; and the said sum of ten pounds for every other prophanation of the said Day: And which Fines and Penalties are to be uplifted and disposed of, in manner contained in the Act and Instructions anent the Justices of Peace; and if the party Offender be not able to pay the penalties foresaid, then to be exemplarly puni­shed in his body, according to the merit of his fault.

XIX. Act against Swearing and Excessive Drinking.

OUr Soveraign Lord, being desirous that all His Sub­jects within this Kingdom, may live a quiet and peaceable life under His Government, in all godli­nesse and honesty; and in order thereto, having resolved to curb and suppresse all sort of sin and wickednesse, and especially these abominable and so much abounding sins of Drunkennesse and all manner of Cursing and Swearing. Therefore our said Soveraign Lord Ratifies and Approves all Acts of Parliament, made in former times against the said crimes, or either of them. And further Declares, That each person, who shall Blaspheme, Swear or Curse; and whosoever shall Drink into excess, shall be lyable in the pains following, according to the quality of the offenders; viz. Each Nobleman in twenty pounds Scots, each Barron in twenty Merks, each Gentleman, Heritor or Burgess in ten merks, each Yeoman in fourty shillings, each Servant in twen­ty shillings toties quoties, each Minister in the fifth part of his years Stipend: and that the saids Fines and Penalties be uplifted and disposed upon, in manner contained in the Act and Instructions anent the Ju­stices of Peace. And if the partie Offender, be not able to pay the penalties foresaid, then to be exemplarly punished in his body, according to the merit of his fault.

XX. Act against Cursing and Beating of Parents.

OUr Soveraign Lord, and Estates of Parliament, con­sidering how great and atrocious a crime it is, for Children to beat, or curse their Parents; And how the Law of GOD hath pronounced just sentence of death against such, as shall either of these wayes in­jure either of their Parents. Therefore His Majesty with advice of His said Estates, Doth hereby Statute and Ordain, That whosoever, Son or Daughter, above the age of sixteen years, not being distracted, shall Beat or Curse either their Father or Mother, shall be put to Death without mercy: and such as are within the age of sixteen years, and past the age of pupillarity, to be punished at the arbitrement of the Judge, according to their deservings, that others may hear and fear, and not do the like.

XXI. Act against the crime of Blasphemy.

OUr Soveraign Lord, and the Estates of Par­liament considering, that hither to there hath been no Law in this Kingdom, against the horrible crime of Blasphemy. There­fore, His Majesty, with advice of His saids Estates, Doth hereby Statute and Orda [...]n, That whosoever hereafter, not being di­stracted in his wits, shall rail upon, or curse GOD, or any of the Persons of the blessed Trinity, shall be processed before th [...] chief Justice; and being found guilty, shall be punished with Death. Likeas, His Majesty, with advice foresaid, Findes, Statutes and Ordains, That whosoever hereafter shall deny GOD, or any of the Persons of the blessed Trinity, and obstinately continue therein, shall be processed, and being found guilty, that they be punished with Death. As also, His Majesty, with advice and consent foresaid, Declares, That all persons who have committed the foresaid Crimes since the seventeenth of February, one thousand six hundred and fourty nine, shall be proceeded against according to this Act; and Ratifies all by-gone Decreets and judicial Proceedings, against any person committer of the said Crimes since the foresaid date, which have been pronounced and done against the saids Committers, according to this present Act. And Declares, That the pronouncers and executors of the saids Sentences shall never be questioned therefore, in any manner of way, but are, and shall be, hereby secured, no less then if this Act had been of the foresaid date.

XXII. ACT concerning the several degrees of Casual Homicide.

OUr Soveraign Lord, with advice and consent of the Estates of this present Parliament, for removing of all question and doubt that may arise hereafter in Crimi­nal pursutes for Slaughter, Statutes and Ordains, That the cases of Homicide after-following; viz. Casual Homicide, Homicide in lawfull defence, and Homicide committed upon Theeves and Robbers breaking houses in the night; or in case of Homicide the time of masterfull Depredation, or in the pursute of denounced or declared Rebels for capital Crimes, or of such who assist and defend the Rebels and masterfull Depredators by Armes, and by force oppose the pursute and apprehending of them, which shall happen to fall out in time coming nor any of them, shall not be punished by death: And that notwithstanding of any Laws or Acts of Parliament, or any Practick made heretofore or observed in pu­nishing of Slaughter; but that the Manslayer, in any of the cases afore­said, be assoillied from any Criminal pursute pursued against him for his life, for the said Slaughter, before any Judge Criminal within this Kingdom. Providing alwayes, that in the case of Homicide casual, and of Homicide in defence, notwithstanding that the slayer is by this Act, free from Capital punishment; Yet it shall be leisum to the Criminal Judge, with the advice of the Council, to fine him in his means, to the use of the defuncts wife and bairnes, or nearest of kin, or to imprison him. And His Majesty, with advice foresaid, Declares, That all decision given, conform to this Act, since the thirteenth of February, one thousand six hundred and fourty nine years, shall be as sufficient to secure all parties interessed, as if this present Act had been of that date: And that all cases to be decided by any Judges of this Kingdom, in relation to casual Homicide, or Homicide in defence, com­mitted at any time heretofore, shall be decided as is above expressed.

XXIII. Act Ratifying the Priviledges of the Colledge of Justice.

OUr Soveraign Lord considering, that nothing is more neces­sary and of more universal concernment, then the Admi­nistration of Justice; and in order thereto, that the Judges, Advocats, Clerks and other Members of the Supream Ju­dicatory, should be faithfull, able and qualified persons; and for their encouragement to serve the Countrey in their respective stations and [Page 46]places, and to undergo the great toil, trouble and expence of time, and otherwayes for inabling them for, and during their service therein, It hath been the wisedom and practice of all Princes and Nations, and in special, of His Majesties Royal Progenitors, to grant to them diverse Liberties and Priviledges, as is evident by many Acts of Parliament and Statutes concerning the Priviledges and Immunities of the Col­ledge of Justice, and members thereof, Granted, Renewed and Ratified from time to time. Therefore His Majesty, with advice and consent of His Estates of Parliament, Ratifies and Approves all and whatsoever Liberties, Priviledges and Immunities, given and granted by His Majesties Royal Predecessors, to, and in favour of, the said Colledge of Justice, and of the Senators, Advocats, Clerks, Writers to the Signet, and remanent Members of the same, or whereof they have been in use and possession in any time by-gone, together with all Laws, Acts of Parliament, Statutes and Constitutions, made and conceived in their favours; Holding and Declaring this present Ratification to be as sufficient as if all the foresaids Priviledges, Freedoms and Im­munities, Acts, Statutes and Grants, of and concerning the same, were in special and at length exprest herein. And His Majesty with ad­vice and consent foresaid, Ordains and Declares, That the whole Priviledges, Liberties and Immunities foresaid, granted and belong­ing to the ordinary Lords and Senators of the Colledge of Justice, shall be extended, belong and appertain to, and enjoyed by, the Advo­cats, Clerks, Writers to the Signer, and remanent Members of the said Colledge of Justice, in all time coming, notwithstanding of what­soever Act, Custome or Practice to the contrare.

XXIV. Act concerning Appear and Heirs, their payment of their Predecessors and their own Debts.

OUr Soveraign Lord, with advice and consent of the Estates of Parliament, taking into consideration, that Appearand Heirs imme­diately after their Predecessors death, do fre­quently dispone their Estate in whole or in part, in prejudice of their Predecessors law­full Creditors, before their death come to their knowledge, or before they can do law­full diligence against the saids Appearand Heirs; and which Dispositions the saids Appearand Heirs do often make before they be served Heirs and In­feft; Or otherwayes, by collusion they suffer their Predecessors Estates to be comprised or adjudged from them for payment of their own proper Debts, real or simulate, without respect to their Predecessors Creditors. And His Majesty, considering how just it is, that every mans own Estate should be first liable to his own Debt, before the [Page 47]Debts contracted by the Appearand Heirs. Therefore His Majesty, with consent foresaid, Declares, That the Creditors of the defunct shall be preferred to the Creditors of the Appearand Heir in time com­ing, as to the defuncts estate; Providing alwayes, that the defuncts Creditors do diligence against the Appearand Heir and the real Estate belonging to the defunct, within the space of three years after the defuncts death. And because it were most unreasonable, that the Appearand Heir, when he is served and retoured Heir, and infeft respective, should for the full space of three years, be bound up from making Rights and Alienations of his Predecessors Estate; and yet it being as unreasonable that he should dispone thereupon immediately or shortly after his Predecessors death, in prejudice of his Predecessors Creditors, he having year and day to advise whether he will enter Heir or not. Therefore it is hereby Declared, That no Right or Dis­position made by the said Appearand Heir, in so far as may prejudge his Predecessors Creditors, shall be valid, unless it be made and granted a full year after the defuncts death.

XXV. Act for Denouncing of Excommunicate Persons.

OUr Soveraign Lord, with advice and consent of His Estates of Parliament, considering the insolency of excommunicate Papists and others, who slight the dreadfull Sentence of Excommunication, to the dis­honour of GOD and obduring of their own hearts; Doth therefore Ratifie and Approve all Acts of Par­tiament and Acts of Privy Council, standing before the year one thousand six hundred and fourty, against Excommunicate Persons. And Statutes and Ordains, That in time coming, fourty dayes being past after the said Sentence of Excommunication, Letters be direct at the instance of His Majesties Advocate, for denouncing all Excommu­nicate persons, His Majesties Rebels, and putting them to the Horn, and that by Warrand of the Lords of Privy Council or Session: which denounciation being used, by vertue of the saids Letters, at the Mercat Cross of Edinburgh and Peir of Lieth, is hereby Declared, to be suffi­cient against them, and for using of Caption thereupon, and taking of the Escheat and Liferent of the Rebels, conform to the standing Laws of this Kingdom. Providing alwayes, that before the passing of any such Letters of denounciation, the whole Process and Sentence of Excommunication be exhibite and produced before the Lords of Ses­sion, in Session-time, to the end, that they may consider the legality of the processe and grounds whereupon the Sentence proceeded: and that accordingly they may give forth the saids Letters of denounciation, as they shall think just and reasonable.

XXVI. Act appointing the Pursuer of the Thief, to have the Goods stolen from him, restored.

OUr Soveraign Lord understanding, that when Theives are taken and execute for theft, or declared Fugitives, their whole estate and the goods stolen also, doth fall to His Majesty and to Lords of Regalities, and other Justitiars pretending right to the saids stolen goods. For remeed whereof, His Majesty, with advice and con­sent of the Estates of Parliament, Statutes and Ordains, That any person having goods or gear stolen from him, and having pursued the stealer thereof, shall have his own goods again, where ever the same can be apprehended: and where the stolen goods cannot be had, the Pursuer of the Theif, shall have the just value of the goods and gear stolen from him, out of the readiest of the Thiefs goods, with the expences waired out by the Pursuer, he alwayes pursuing the Thief, usque ad sententiam; Reserving alwayes to the Sheriff or other Ma­gistrates, and taker of the Thief, the expences waired out by them in the taking and putting the Thief to execution.

XXVII. Act for the Pardon of Penal Statutes.

OUr Soveraign Lord considering, that the precise and rigorous exaction of the Pain, Arbitrary and Pecu­nial, adjected to Penal Statutes heretofore made, would prove a burden to His Majesties Leiges, heavy and unsupportable, if by His Majesties grace and favour they should not be eased and liberate of the same. In consideration whereof, His Majesty, being willing to give ease and relief to His Subjects of the foresaid burden, Hath therefore been graciously pleased, with consent of His Estates of Parliament, to Discharge, freely Pardon and Remit, and by these presents Dis­charges, freely Pardons and Remits, all Contraveeners of any of the saids Penal Statutes, for all Deeds done by them, contrair to the tenor of the same Statutes, in time by-gone; except only the Statutes con­cerning the unlawfull taking of Usury, Transporting of Silver and Gold, and Slaying of Red and Black Fishes, which are no wayes dis­charged by this present Act, nor comprehended under the same.

XXVIII. Act discharging the Quots of Testaments.

OUr Soveraign Lord, with advice and consent of His Estates of Parliament, for many weighty considera­tions moving His Majesty, Statutes and Ordains, That no Quots of Testaments, confirmed since the six­teenth of November, one thousand six hundred and fourty one, and to be confirmed in time coming, shall be exacted from any of His Majesties Leiges by Commissars, Commissar-Clerks, Fiscals, and others whom it effeirs; but prejudice alwayes of the ordinary Fies due to them as accords.

XXIX. ACT for Poynding upon Sheriffs and Commissars Decreets.

OUr Soveraign Lord and the Estates of Parliament, considering, That albeit by Act of Parliament, of the date the ninth of July, one thousand six hundred and six years, Letters of Horning are Ordained to be di­rected by deliverance of the Lords of Session upon Sheriffs, Commissars, and other inferiour Judicatories their Decreets, upon the simple charge therein men­tioned: Yet, the Act bears no warrand for Letters of Poynding to be granted by the deliverance foresaid upon these Decreets; whereby the Parties interessed, obtainers of the Decreets, are ofttimes prejudged of their payment, when these Parties, against whom these Decreets are obtained, do flit or remove out of the Shire or Jurisdiction of the Judge before whom the saids Decreets are given. Therefore His Majesty, with advice of the saids Estates, Ratifies the Act of Parliament above-mentioned, in the whole heads and points thereof: And for remedy of the prejudice foresaid, Ordains Letters of Poynding to be direct by deliverance of the Lords of Session, at the instance of the Parties interessed, upon the saids Sheriffs, Commissars, and other in­feriour Judges their Decreets contained in the foresaid Act. Sick­like and in the same manner, as Letters of Horning are appointed by the said Act to pass upon the same Decreets, that thereby the Par­ties may have real execution, as well as personal upon their Decreets foresaids. Likeas, His Majesty, with advice and consent foresaid, De­clares, That all execution of Poynding, legally used upon the saids Decreets since the twelfth of June, one thousand six hundred and four­ty nine years, shall be valid and sufficient; and the Parties, Messengers and others, Executors and users thereof, shall never be questioned, nor [Page 50]any Process sustained against them therefore, either Civilly or Cri­minally, before any Judge whatsomever; But prejudice alwayes to Parties against whom Poynding have been used, upon reduceable or unwarrantable Sentences, to pursue repetition as accords of the Law.

XXX. Act anent the Fewers and Vassals of Kirk-lands.

OUr Soveraign Lord, with advice and consent of the Estates of this present Parliament, considering, That whereas by the general Surrender of Kirk-lands and Erections made by the Superiors and Titulars thereof, in fa­vours of His Majesties dearest Father of ever blessed memory; It is specially pro­vided, that the saids Superiors and Titulars, notwithstanding their Surrender foresaid, shall have right to the Few-fermes and Du­ties of the Vassals and Fewers of the said Kirk-lands and Erections, till the Kings Majesty make paiment to them of the prices of the saids Few-fermes and Duties, modified by the Lords and others of the Commission for Surrenders and Teinds. And sicklike the Fewers and Vassals of the saids Kirk-lands and Erections, are oblieged by their new Infeftments under the great Seal, to pay the saids Few-fermes and Duties to the Kings Majesty and His Successors; and so against reason may appear to be lyable to double payment thereof: It is therefore Statute and Ordained by His Majesty, with consent foresaid, That the saids Fewers and Vassals of Kirk-lands and Erections, their Heirs and Successors, shall be oblieged to make thankfull payment of the saids Few-fermes and Duties contained in their Infeftments; and whereof the said Superiors and Titulars have been in possession pre­ceeding that Surrender foresaid, to the saids Superiors and Titulars, their Heirs and Successors, ay and while they get paiment of the prices modified by the saids Lords and others of the Commission foresaid, according to the Act of Parliament, one thousand six hundred and thirty three years. And that Letters of Horning and Poynding shall be granted to that effect, without prejudice alwayes to His Majesty and His Successors, of the superiority of the saids Fewars and Vassals surrendred in manner foresaid, and without prejudice to them of their Infeftments taken to be holden of His Majesty and His Successors. Likeas it is Declared, That the saids Fewers and Vassals of Kirk-lands and Erections have been, in bona fide, in paiment of the saids Few­fermes and Duties to the said Superiors and Titulars of all times by­gone, according to the provisions contained in the said general Sur­render. It is alwayes provided, that this Act shall not be prejudicial to an Act past by this Parliament in favours of the Earl of Lauderdail of the Lordship of Musleburgh, of the date the ninth day of April last.

XXXI. Act concerning the Registration of Comprisings.

OUr Soveraign Lord, with consent of the Estates of Parliament, considering, that the Registration of Comprisings, was only established by an Act of Secret Council, and never authorized by any Law, or Act of Parliament, and that the Registration there­of did put the Lieges to unnecessar charges: neither adding to the validity of the Com­prisings, nor to the benefit of the Com­prisers: Hath therefore discharged, and by these presents discharges all Registration of Comprisings, with all Gifts, Acts of Council, and other Warrands and Custome whatsom­ever, granted and observed, at any time heretofore thereanent; and by their presents Ratifies and Approves the Custome observed these many years past; whereby, in place of the said Registration, a short Record of all Comprisings of Lands, Teinds and others, and of the Comprisers names and designations, the Defenders names, the Debts for which the Comprising is deduced, the Messengers and Clerks names, the date of the Executions, the Witnesses names thereto, and of the Superiors of whom the comprised Lands are holden, hath been made in a Book by the Clerk of Register, and his Deputs, at the allowing of the saids Comprisings, (for which Allowance and Record­ing, there is only fourty shillings Scots to be paid) and which Custome is very usefull and necessar for information of the Lieges. And there­fore His Majesty, with advice and consent foresaid, Ratifies and Approves the foresaid Custome, and Ordains all Comprisings formerly deduced, and not allowed and recorded in manner above-written, to be brought in to the Clerk of Register and his Deputs, within threescore dayes after the publication hereof, and all Comprisings to be led and deduced hereafter, to be brought in to the said Clerk of Register and his Deputs, within threescore dayes after the date thereof. With cer­tification, that if they be not allowed and recorded within the said space, any other Comprising though posterior in date, yet if it be allowed and recorded before the prior Comprising, the same shall have preference according to the date of the Allowance and Record; but pre­judice alwayes to any further diligence by Infeftments, or charges against the Superior, according to the priority, or posteriority thereof, pro ut de jure.

XXXII. Act concerning Heritable and Moveable Bonds.

OUr Soveraign Lord, with advice and consent of His Estates of Parliament, for many just and reasonable causes moving Him, Statutes and Ordains, That all Contracts and Obligations for Sums of money payable to Parties at any time, made and dated since the sixteenth day of November, one thousand six hundred and fourty one, or to be made in time coming, containing clauses for paiment of Annualrent and Profit, are, and shall be, holden and interpret to be Moveable Bonds, ex­cept, in these cases following; viz. That they bear an expresse ob­liegment to infeft, or that they be conceived in favours of Heirs and Assignes, secluding Executors, in either of which cases, Ordains the Sums to be Heritable, and to pertain to the Heir: otherwayes to be confirmed by the Executor, and to appertain to the nearest of Kin, and to the Defuncts Executors and Legators, according to the Law and practict of Moveables, Declaring alwayes, that all such Bonds quoad fiscum, shall remain in the same condition as they were before the said sixteenth of November, one thousand six hundred and fourty one, not to fall under the compasse of single Escheat, nor shall any part thereof pertain to the Relict, jure relictae, where the Bonds are made to the Husband, nor to the Husband jure mariti, where the Bonds are made to the Wife, unless the Relict, or Husband, have otherwayes right and interest thereto, Declaring neverthelesse, that this provision shall no wayes prejudge Wife, nor Husband, and their Executors of their respective Titles and Interests to the by-gone Annualrents of the saids Bands, resting before either of their deaths.

XXXIII. Act for the right Packing of Salmond.

OUr Soveraign Lord and Estates of Parliament, un­derstanding, that the Salmond-fishings are one of the principal benefits, whereby Trade is maintained, and Money brought into the Kingdom; And that through the evil ordering thereof, both in the in­sufficiency of the Barrels, and also in the disloyal packing of the same; not only is the Merchants estate damnified thereby, but also the Nation is dishonoured abroad, and disappointed of what should return thereby. Therefore, Our said Soveraign Lord, with advice and consent of the saids Estates, Ratifies and Approves all and sundry Acts of Parliament, Laws and [Page 53]Constitutions of this Realm, made anent Salmond-fishing, and the sufficiency of the Barrels and loyal packing thereof, with this addition, That the whole Coupers within this Kingdom, make the said Salmond Barrels of good and sufficient new Knappel, for which they shall be answerable, without Worm-holes, and White-wood, and of sufficient tightnesse, for containing the pickle, and sufficient tightnesse for enduring all kinde of stresse in the handling; and that the Barrels con­tain no lesse then ten gallons of the Stirling pint, (conform to an Act of His Majesties Council, of the date at Halyrood-house the fifteenth day of July, one thousand six hundred and nineteen years, which His Majesty with consent foresaid, Ratifies and Approves, in all the Heads, Clauses and Articles thereof) under the pain of five pounds, to be paid by the Couper, for each insufficient Barrel and escheat of the said Barrel, and that the same be well pinned in the pickle before the packing; and thereafter the said Barrels to be well tighted and double-girthed before the transporting thereof to Forraign Nati­tions. And that no Barrel be sooner made and blown, but the Coupers Birn be set thereon, on the tapone-staff thereof, in testimony of the sufficiency of the Tree; and that every Couper be answerable and liable in paiment of such losse as happen to be laid on the Fish at the Mercat, if it be found to be in the default of the Couper by the insufficiency of the Tree, or packing, or any other means in the Coupers default, and that they keep right gage, both in the length of the staves, the bilge-girth, the widenesse of the head, and deepness of the chine; the Barrel being made, marked, and thrice gene in the packing, shall be marked with the Marking-iron, under a very particular Merchant mark, as use is. And that no Burgh, or any other trading with Salmond, shall presume to counterfeit the Mark or Birn, of an other trade, under the pain of confiscation of the Salmond, by and attour the punishment of the Parties counterfeiters, at the pleasure of the Judge ordinar; the one half of the said pain to pertain to His Majesty, and the other half to the Burgh so wronged, and ordains the the Magistrates within Burgh to put this Act to execution.

XXXIV. Act against Clandestine and unlawfull Marriages.

OUr Soveraign Lord, and the Estates of this present Parliament, considering how necessary it is, that no Marriage be celebrate, but according to the law­dable order and constitution of this Kirk; and by such persons, as are by the Authority of this Kirk warranted to celebrate the same. And that notwith­standing hereof, sundry, either out of disaffection to the Religion presently professed in this Kingdom, or being de­sirous to eschew the Censures of this Kirk, or to satisfie their pro­mise of Marriage formerly made to others, or to decline the concur­rence [Page 54]and consent of their Parents or others having interest, or out of some other unlawfull pretext, do procure themselves to be Mar­ried, and are Married either in a Clandestine way, contrary to the established order of the Kirk, or by Jesuits, Priests, Deposed or Suspended Ministers, or any other not authorized by this Kirk. Therefore His Majesty, with advice of His saids Estates, Statutes and Ordains, That whatsoever person or persons, shall hereafter Marry, or procure themselves to be Married in a Clandestine and inorderly way, or by Jesuits, Priests, or any other not authorized by this Kirk; that they shall be imprisoned for three moneths; and beside their said imprisonment shall pay, Each Nobleman, one thousand pounds Scots; each Barron and landed Gentleman, one thousand merks; each Gentleman and Burgess, five hundred pounds; each other per­son, one hundred merks; and that they shall remain in prison, ay and while they make payment of these respective penalties above-menti­oned, which are hereby ordained, to be applyed to Pious uses, with­in the several Paroches where the saids persons dwels. And that the Celebrator of such Marriages be banished the Kingdom, never to re­turn therein, under the pain of Death. Likeas, His Majesty, with advice foresaid, Prohibites and Discharges all men and women, having both their ordinar residence within this Kingdom, to get Marriage to themselves with others within the Kingdom of England, or Ireland, without Proclamation of Banns here in Scotland, and against the Order and Constitution of this Church, or Kingdom, under the pains following, viz. For each Nobleman so Married, one thousand pounds; for each landed Gentleman, one thousand merks; for each Burgesse, five hundred pounds; and for each other Substantious per­son, five hundred merks; for an Yeoman, one hundred pounds; for each person of inferior quality, one hundred merks; the one half of the which penalties, shall belong to the Kings Majesty, the other to the Paroch, or Paroches where the Married parties did reside; and Ordains His Majesties Advocat, and the Procurator for the Kirk, to pursue before the civil Judge, the Parties Contraveeners of this Act, or either part thereof, for payment of the penalties respective above­mentioned; and in case of the poor condition of any man, Married in manner foresaid, Ordains him to be punished with Stocks and Irons: which pains, corporal and pecunial, shall no wayes be prejudicial to, or derogat from the Order, and Censures of the Kirks, to be inflicted against the Delinquents.

XXXV. Act concerning the Election and Charges of the Com­missioners from Shires to the Parliament.

THe Kings Majesty considering, That divers debates have formerly occurred, concerning the persons who ought and should have vote in the election of Com­missioners from the several Shires of this Kingdom to Parliament, and who are capable to be Commis­sioners to Parliaments; and that it is necessar for the good of His service, that the same be cleared for the future, Doth therefore, with advice and consent of His Estates of Parliament, Sta­tute, Enact and Declare, That beside all Heritors who hold a fourty shillings Land of the Kings Majesty in capite; that also all Heritors, Life­renters and Wodsetters holding of the King, and others who held their Lands formerly of the Bishops or Abbots, and now hold of the King, and whose yearly Rent doth amount to ten chalders of victual or one thousand pounds (all Few Duties being deducted) shall be, and are ca­pable to vote in the election of Commissioners of Parliaments, and to be elected Commissioners to Parliaments; excepting alwayes from this Act, all Noblemen and their Vassals. And it being just, that those who shall be chosen, and accordingly shall attend His Majesties and the Kingdoms service in Parliaments, have allowance for their charges; His Majesty doth therefore, with advice foresaid, Modifie and Appoint five pounds Scots of daily allowance to every Commissioner from any Shire, including the first and last dayes of the Parliament, together with eight dayes for their coming, and as much for their re­turn, from the furthest Shires of Caithness and Sutherland; and propor­tionably at nearer distances; and that the whole Free-holders, He­ritors and Liferenters, holding of the King and Prince, shall according to the proportion of their Lands and Rents, lying within the Shire, be lyable and oblieged in the payment of the said allowance, excep­ting Noblemen and their Vassals. For payment of which, all exe­cution of Horning, Poynding and Quartering is to passe, as for raising of the Excise; and that according as the time and dayes of the Par­liament shall be attested under the Clerk of Registers hand. And because at this time, some Commissioners of Shires have been put to extraordinary expences in providing of Footmantles for the riding of the Parliament; It is hereby Statute, That the Commissioners shall be relieved of the prices thereof, to be given in under their hands; and that the prices of the Footmantles be raised in the same way and by the same execution, with the daily allowance aforesaid; the Com­missioners alwayes, at the rising of each Parliament, making the Foot­mantles forthcoming to the Shire, to be disposed as they shall think fit.

XXXVI. Act anent Presentation of Ministers.

FOrasmuch as the Kings most Excellent Majesty, consider­ing how necessar it is for the right and orderly admini­stration of Gods Worship, and the exercises of Religion, and for keeping of His good Subjects within their du­ties they owe to GOD, to His Majsty, to their native Countrey and fellow Subjects, especially at this time after so many confusions and distractions, both among Church-men and others; That more then ordinary care be had in presenting of Ministers to all such Kirks as are, or shall be vacand within this Kingdom; hath given particular Commission under His great Seal, as to all Presentations to all Personages, Vicarages, and other Benefices and Kirks at His Ma­jesties presentation. And as to all other Benefices and Kirks, where­of the presentation belongs to any other Patron or Patrons whatso­ever, His Majesty, with advice and consent of His Estates of Parlia­ment, Statutes and Ordains, That all Patrons or Persons whatsoever, who hath, or pretends any right to the Presentations to any Patro­nages, Vicarages, or other Benefices of cure, Kirks or modified Sti­pends; be carefull in all time coming, that Presentations to these Be­nefices, Kirks or Stipends, be granted by them to such persons only, as shall give sufficient evidence of their Piety, Loyalty, Literature and peaceable Disposition; And shall, in presence of the Patron or his Atturney, and of the Sheriff of the Shire, Stewart of the Stewartry, or heretable Baily or Commissar of the bounds, if it be in the Country, and of the Magistrates of the Burroughs within the Burgh, before the granting and their accepting the Presentation, take and subscribe the Oath of Alleagiance, the said Sheriff, Stewart, Baily, Commissar and Magistrates having first taken the Oath themselves. And it is here­by Declared, That if any person who hath not so taken the Oath of Alleagiance, shall be presented by any Patron, not only shall the Pre­sentation be void and null of it self, but the right of the Patronage, as to that vacancy, shall belong to the Kings Majesty, and the Patrons be repute dis-affected to His Majesties Government, and contemners of His Royal Authority. And Ordains thir presents to be printed and published at the Mercat Crosses, that none pretend ignorance.

XXXVII. ACT concerning the Bullion.

OUr Soveraign Lord, with advice of the Estates of Parliament, now presently conveened by His Majesties special Authority, consi­dering how much the penury and scarcety of His Majesties Coyn here in Scotland, is occasioned by the meannesse and smalnesse of the proportion of Bullion at first imposed, never heretofore considerably augmented; notwithstanding His Majesties Customes have been several times augmented, Enacts Statutes and Ordains, That all Commodities lyable in paiment of Bullion, shall pay according to the Rates mentioned in the Alphabet of Bullion after-following, as the same is now aug­mented and condescended upon. Which Alphabet of Bullion, His Majesty with advice foresaid, Ordains to be printed and pub­lished. And to prevent all abuse and prejudice to the said Mint, that may occur and fall out by the Customers exacting of His Majesties, and His Predecessors, their own Coyn from the Merchants exporters of the Commodities lyable in paiment of the quantities of Bullion, as is aforesaid, or else exacting so much per ounce of the said Merchant exporter, to the great prejudice and utter destruction of the said Mint, His Majesty, with advice foresaid, Statutes and Or­dains, that every Fermerer or Customer, within this His Majesties Kingdom, shall by the advice and concurrence of the several Clerks of Cocquet, cause all and every Merchant (whether Native or Forraigner) exporter of the Commodities lyable in paiment of the quantities of Bullion, set down in the aforesaid Alphabet of Bullion condescended upon, and agreed to, as the same is now aug­mented and Ordained to be printed and published, find sicker Surety and Caution, or give Pledges that he may answer for, that Bullion equivalent in proportion to the quantity of goods exported, be delivered to the Officers of His Majesties Mint, (and that of Forraign Bullion) either Plate or burnt Silver, twelve Denier fine, and being baser, to be considered by weight and reckoning, and the said Surety, or Pledges, to be taken before the said Merchant receive his Cocquet, Transire or other Warrand whatsoever, for exporting the saids goods lyable in paiment of the quantities of Bullion, as is aforesaid; and Prohibites and Discharges all and every of the saids Customers, and Clerks of Cocquet within this Kingdom, to exact or receive any of His Majesties, or His Predecessors, Coyns or any other satisfaction whatsoever; except the said Forraign Bullion at [Page 58]the fineness aforesaid, and that not only under the pain of deprivation of their Offices, but also of punishing of their persons, and fining of them in their goods, by the appointment, and at the discretion of the Lords of His Majesties Secret Council; and to the effect any such collusion or transaction may be discovered, His Majesty, with advice foresaid, Statutes and Ordains, that each person delating or discovering any such collusion, or transaction, as is aforesaid, shall receive and have paid to him, the third part of the value of the Bullion, that was due to have been paid by the Merchant exporter, but prejudice of the certification foresaid. As also it is Statute and Ordained, That the saids Customers, their Accounts, be controlled upon the quantity of Bullion delivered to the saids Officers of His Majesties Mint, ac­cording to their Letters of receit thereof; and what rests not delivered, that the Customers be answerable therefore; and that the saids Customers, grant a convenient time for home-bringing of the said Bullion, correspondent to the distance of the port, at which the goods exported are to be delivered; the longest time not exceeding seven moneths. And in like manner, it is Statute and Ordained, That the Alphabet of Bullion, as the same is now established and appointed to be printed and published, be of full force from the date of thir presents. And that all Commodities exported after the said day, be lyable to the several proportions of Bullion therein contained; notwithstanding of any Act or Acts, made or to be made, in this present Parliament, in favours of any Manufactories, Companies of Fishing or Trade, or other Acts whatsoever; which are hereby Declared, not to impede the paiment of Bullion, augmented in manner foresaid.

XXXIX. Act for the Fishings, and Erecting of Companies for Promoving of the same.

OUr Soveraign Lord, considering the best and readiest means for improving the benefit and advantages which properly belong unto Him, by the Fishes which are, or may be, taken within the Seas, Chan­nels, Firths and Lochs, adjacent and surrounding this His ancient Kingdom. And perceiving the same may be of great advantage many wayes, especially in that the said Trade will not only be a Nursery for Sea-fareing men, and a speedy occasion of building Ships for His Majesties and His Subjects use, both in Peace and War; But likewise will set many poor and idle persons a work, and furnish the materials of a great native Export, for the continual enriching of His Majesties Kingdoms, by a sure foun­dation of Trade and Commerce. For which ends, and that the said Trade of Fishing may be the more effectually advanced and pro­moved within this His Majesties ancient Kingdom, His Sacred Majesty, with consent of His Estates now conveened in this present Parliament, hath Erected, and by the tenour hereof Erects, Creats and Establishes, particular Societies and Companies of His Majesties own free born naturalized Inhabitants in Scotland; and of all others who shall be taken and inrolled in any of the same Companies and Societies, and admitted to the priviledges thereof, and shall enter themselves in the saids Societies within any Shire or Burgh of this said Kingdom, one or moe, betwixt and the [...] day of [...] as the first mo­dern Societies and Companies to the effect after-specified, Consti­tuting and Creating such persons who shall enter themselves, and their successors, in a Body and Incorporation politick, to exerce the Trade underwritten. And Ordains that none be accepted therein, except he who shall enter the sum of five hundred merks Scots, at least, of Stock, in the said Society. And Wils and Grants, that whosoever are of the foresaid Societies or Companies to be Constitute, their Heirs or Assignes, shall enjoy the yearly benefit of the Stock to be given by them, in all time after the in-giving thereof; but to have no power to uplift the Stock, except by consent of the Company or Council thereof after-specified. Granting and Committing, likeas, His Majesty, by the tenour hereof, Gives, Grants and Commits, to the saids Companies and Societies so to be Constitute, and to all such whom they or their Successors shall admit or receive therein, full power to take and fish, Herring and White-fish, in all and sundry Seas, Channels, Firths, Rivers, Floods, Lakes and Lochs of this His Majesties said ancient Kingdom of Scotland, and Isles thereunto belonging, wheresoever Herring or White-fish are, or may be taken, and to bring in and disburthen the saids Herring and other White-Fishes, [Page 80]to all and sundry Ports, Harbours, Shoars; and to lay the same on the Land, and to pickle them with Salt, and to dry, and load the same in Barrels and Puncheons; and for conservation of the saids Herring and Fishes, to build Houses and little Cottages, and other things necessary for the use of the said Fishing-trade, in whatsoever places shall be convenient, upon the paiment of the allowance under­written, unto the Lord or Master of the ground; or otherwise, to sell, use and dispose upon the saids Herrings and other Fishes, to the Inhabitants, or to keep and conserve the same in their Ships and Boats, and to make and prepare them therein, and to carry and trans­port the same to Forraign parts beyond Seas, in Ships and other Vessells belonging to them, or His Majesties other Subjects; and to sell, use and dispose thereupon, to such who shall be in friendship and amity with His Majesty and His Successors. With power also to the saids Companies and Societies respective, to elect and make choice of such of their own number as they shall think fit, for making and frame­ing of Laws, Statutes and Rules, for the right regulating, mannaging and carrying on of the said Trade of Fishing (the saids Laws being alwayes approven and allowed by the Council of Trade) and to punish transgressors accordingly. And that none be admitted to be Councel­lors of the saids Societies, except such who shall enter of Stock the sum of one thousand merks money foresaid, and that they be Scots-men, or naturalized Strangers, and Residenters within the said Kingdom. And to the which Council, so to be Nominate and Constitute, the said Companies respective shall submit, and to all their Acts, Statutes and Rules, especially, but prejudice of the generality foresaid, to the par­ticular Rules under-written. To wit; First, That none after the erecting and setling of the said Company or Society, may enter or come in but by consent of the Company or the council thereof, after the said [...] day of [...] next, except they be appointed to be inrolled and taken in by the Council of Trade, to whom any per­son, in case of exclusion, may make his Address. Secondly, That the return from Forreign places upon this Stock, may be all sold in free Burghs and to free Burgesses within this Kingdom, by the saids Com­panies or any of them or their Factors, without any previous offer to the Burgh; providing they do not retail by selling less quantities nor five Tun of Wine, or the equivalent in value in other Commodities; and if the Import and Return shall be of less quantities, then and in that case these Commodities shall only be sold in whole sale, with­out any retail whatsoever. Thirdly, That no Herring or White-fish taken by Scots-men in the said Kingdom or Isles thereto belonging, be sold, fresh or salt, to any but to Natives, except by the Companies respective: And that no Stranger unnaturalized, shall have liberty to make and prepare Herrings or White-fish upon the Land, or to make Booths for that effect, under the pain of confiscation of what shall be seized upon, and the double thereof to be exacted of the Seller, except they be free of one of the Companies foresaid. With power also to the said Council, to use and have a Seal and Gage for ilk Company respective, wherewith all their Barrels or Puncheons may [Page 81]be marked, and that ilk Barrel of green fish contain twelve gallons, which is to be the ordinar Gage betwixt Buyer and Seller. And also to make use of, and imploy, all and sundry Tolbooths and Warding­houses, where necessity requires, for holding of Courts, warding or punishing of Transgressors, the Burghs being alwayes free of the charges of the Prisoners; and further, to depute such of their number as they think fit, concerning all businesses and affairs, and to cognosce and determine in all questions and debates relating to the said Trade of Fishing; and to cause execute such Decreets and Sen­tences as shall be pronounced thereupon: And for that effect, to make choice of Officers and Servants, and to administer Oaths to them, and amongst themselves, for the good of the Trade; and if need be, with power to the said Council, to design certain Judges under them in con­venient places, to administer Justice in the matter of the Trade of Fish­ing allanerly. And Our said Soveraign Lord, being most willing to cherish and incourage the foresaids Societies and Companies, in the said Trade, Hath out of His Innate Beneficence and Royal Bounty, Or­dained, and by the tenour hereof Decerns and Ordains, that Salt, Cor­dage, Hemp, Cork, Pitch, Tar, Clapboard, Knaple, Skew-hoops, and Holland Nets, imported for the Trade of Fishing foresaid, by the foresaids Companies respective, is, and shall be, free of any Custome or other Imposition whatsoever; and that the Herring and White­fish taken, made or prepared therewith, are and shall be free of any manner of taxation or burden in the exportation of the same. And also, that all Strangers Fishers, who shall repair to this His Majesties ancient Kingdom, and will come and make their residence within the same, shall be naturalized by His Majesty, upon the desire and applica­tion of any of the saids Councils, and shall be entred Burgesses in any City where they shall reside, and shall be freed of all manner of tax­ation, for the space of seven years next after their arrival. And further His Majesty hath Released and Discharged, and by the tenour hereof simpliciter Releases and Discharges, the Teind Herring and Teind Fish, of all such Herring and Fish, which shall be taken by the Boats and Fishers of the saids Companies respective, or such who shall be hired by them, in all time hereafter. And also, Exoners and Dis­charges the Excise Herring due to His Majesty (except the Herring of Dumbar) for all the dayes, space, years and terms of nine years, next after the date hereof. And in like-manner, His Majesty Declares, That all Ale, Bear, Strongwaters, and other provisions for out-reeking of any Vessel for the saids Fishings of the said Companies, is, and shall be, free of all manner of Impositions whatsoever, Commanding here­by the Lords and Masters of the ground, in all places through the said Kingdom where there is Loch or other Fishings, not only to protect, maintain and defend the said Company and Society, and all Masters of Ships, Fishers and others whatsoever, going about the said Trade, and belonging to the respective Companies of Fishing, from all harm, trouble or dammage whatsoever, or else to satisfie and refound their loss and dammage which they shall sustain upon their Land; but al­so that they, nor none of them, presume nor take upon hand, to exact [Page 82]or levy, any more from the saids Fishers, Merchants, or their Servants, belonging to the saids Companies, for Ground-leave, but only twelve shillings Scots for every Last; and that in full satisfaction of the Satur­dayes fishing, or any manner of Dues whatsoever. And for the greater incouragement of Merchant-fishers, Masters of Ships and other Vessels, and their Servants, to attend the said Trade of Fishing; His Majesty, by His Soveraign Authority and Prerogative Royal, not on­ly by these presents Declares the Ships, Boats and other Vessels, with their Furniture, provided for, and in exercise of, the said Trade of Fish­ing, no wayes to be Arrestable by any Creditor, but that the same, and those that shall serve therein, shall not be Pressed to any publick ser­vice, without His Majesties particular Command. And that the Fishers, Masters and Servants, in the saids Vessels, and makers of Herring and White-fish, during the whole time of the said Fishing, and their im­ployment therein, shall be free from all Actions, and no wayes con­veenable before any Judge or Judicatory whatsoever, for any cause or causes Civil, which may be intended against them; But also by the tenour hereof Declares, the saids Fishers, Masters and their Servants above-written, shall be free of all Captions, Arrestments or other At­tachments on their persons, or against their Materials and Instru­ments of Fishing, during the time and season of Fishing, they being actually serving therein allanerly. And further, that none who shall be upon the Council, or any of the Societies of Trade foresaid, shall be lyable to Sess, Stents or Taxations, for what Stock they have entered, or shall enter in the saids Companies or Societies respective, or for the benefit and profit arising thereby in time coming. And it is hereby Declared, that it shall be licent to any of the Council or Societies of the said Trade of Fishing respective, for the good thereof, to dwell and reside in any part or place of this said Kingdom, albeit they be Burgesses in any Burgh Royal, and not thereby lose their free­dom, notwithstanding of any Act or Acts in the contrair. And in like-manner it is hereby Declared, that no person or persons shall have liberty to export Herring or Fish, nor use or have the Priviledges, Liberties and Immunities above-written, but those that shall enter themselves, and be free in one or other of the saids Companies and Societies. And finally, It is hereby Statute and Ordained, that those in the several Shires and Burghs of this Kingdom, who shall enter in the saids Companies and Societies, conform to the tenour of this present Act, shall give an account thereof to the Parliament, or His Majesties Council of Trade for the time, within [...] after the erection thereof, that the same may be Recorded ad futuram rei memoriam.

XL. Act for Erecting of Manufacturies.

OUr Soveraign Lord, considering how many great advantages this Kingdom, and the Subjects thereof, may have by the Erecting, Cherishing and Maintaining of Manufactu­ries, thereby keeping in the Countrey great sums of money, daily exported for bringing in such Commodities as may be made at home, and bringing in money for such commodities as may be made and wrought within the same, and exported to Forraign Nations; besides that thereby many Poor people and Idle persons and Vagabonds, will be set at work and entertained, whereby vertue will be increased and idleset curbed and restrained. And that upon this account, and for this end, several Acts have been past by His Majesties Royal Predecessors, in their Parliaments, Conventions and Councils; and especially the one hundred and thirteenth Act of the seventh Parliament, and the two hundred and fifty, and two hundred fifty two Acts of the fifteenth Parliament of King James the sixth, and Acts of Council in the years one thousand six hundred, one thousand six hundred and one, one thousand six hundred and twelve, one thousand six hundred and fourteen, one thousand six hundred and sixteen, one thousand six hundred and twenty, one thousand six hundred and twenty three, and Acts of Convention, one thousand six hundred twenty five, and one thousand six hundred twenty six years. And His Majesty, being resolved to prosecute what hath been formerly intended, and to give such new incouragements as is necessary for advanceing of Manufacturies; Hath therefore thought fit, with advice and consent of His Estates of Parliament, hereby to grant to all such persons as have or shall undertake to set up any Manufacturies, the Priviledges following, viz. If any Stranger shall come, or be brought into this Kingdom by Natives, to set up work, and teach his Art in making Cloath, Stuffs, Stockings, Soap, or any other kinde of Manufactury, he shall enjoy the benefit of the Law, and all other Pri­viledges that a Native doth enjoy; with power to erect Manufacturies either in Burgh or Landwart as they shall think fit, and there to dwell and exercise their Trade without any stop or trouble: And for their further incouragement, Declares, all Oyl, Dying-stuffs, Forraign Wool, Pot-ashes or any other materials whatsoever usefull for Manufacturies, that shall be imported, to be free of Custom, Excise and other publick Dues; and that all Cloath, Stuffs, Stockings or any other Commodity to be made and exported by them, be free of Custom and Excise, for nineteen years after January one thousand six hundred and sixty two years. And if any Stock shall be imployed [Page 84]for erecting or entertaining of any Manufacturies of any kind, the same is to be free of all publick and private Taxes whatsoever. Likeas all Customers, Collectors, Farmerers of Customs or Excise, and others, are hereby Discharged to demand any Custom, Excise, or any other Imposition whatsoever, for such Materials before mentioned and belonging to Manufacturies, as they will be answerable. And in re­gard of the great prejudice to the Kingdom, by Exportation of Wool, and Skins with Wool upon them, and of other Native Commodities and Materials fit for Manufacturies; Therefore His Majesty, with advice foresaid, Doth hereby Discharge all and every person whatso­ever, Native or Stranger, to Export out of this Kingdom any Wool, or Skins with Wool upon them, or Skins of any kind, or any Materials usefull for Manufacturies, untill they be made in work, or put to the best avail for the good of the Kingdom; Certifying such as do in the contrair, they shall forfeit such Wool, Skins, and other Materials, or the just value thereof, the one half to His Majesty, and the other half to the Informer, who shall discover, apprehend, and prosecute the same before His Majesties Exchequer; besides that the persons and estates of such Contraveeners, shall be lyable to such punishment and fine for the same, as His Majesties Exchequer shall appoint. And also His Majesty, with advice foresaid, Discharges all Regraters and Fore­stallers of Mercats of Wool, and that no Merchant nor person what­soever, buy and keep up Wool to a dearth, but that they bring the same to be sold in open Mercats, under the pains contained in the Acts of Parliament made against Regraters and Forstallers. And in re­gard there is much deceit by wrapping up of Wool in the Fleece, by putting Stones, Sand, and other insufficient stuff in the same, It is hereby Declared, that all such Wool shall be confiscat, the one half to His Majesties use, and the other half to the use of those who shall appre­hend, discover, and pursue the same. Likeas His Majesty, for the further incouragement of the saids Manufacturies, Doth, with advice foresaid, Discharge all Quarterings or Levying of Souldiers upon Manufacturies, or the Masters thereof; and that no person whatso­ever entise, resset, or entertain any of the Servants or Apprentices of the Manufacturies, without consent of their Master, under the pains contained in the Acts of Parliament against Coal-hughers, Salters, and their Ressetters. And for the further improving of the saids Manufacturies, His Majesty, with consent foresaid, Doth hereby Im­power the Masters, Erectors, or Entertainers of Manufacturies, to meet by themselves for making of Ordinances for the good and advance­ment of their Trade, for the right ordering of their Servants, and for the sufficiency of their Stuffs, Cloath and others; and choose one of the most expert of their number for visiting of their work, that a Mark or Seal may be put upon it, distinguishing what is sufficient and what not. And because many things may occur hereafter, which may be necessary for advancement of Manufacturies; Therefore His Majesty, with consent foresaid, Doth Impower the Lords of His Ma­jesties Privy Council or Exchequer, or such as shall be appointed by His Majesty, during this present Parliament, or thereafter, to con­sider [Page 85]such Overtures as shall be offered for the good of Manufacturies; and to make such Orders, and grant such further Liberties and Privi­ledges to them, as they shall think just. It is alwayes Declared, that it shall be free and Lawfull to His Majesties Treasurer and Commis­sioners of Exchequer, as they shall find cause, to grant licence for ex­porting of Wool and Skins, any thing in this Act to the contrary notwithstanding.

XLI. Act for Planting and Inclosing of Ground.

OUr Soveraign Lord, considering how many laudable Laws have been made, by His Majesties Royal Pro­genitors, for Parking and Inclosing of Ground, and Planting of Wood, and for preserving of the same; and finding the great prejudice hath followed upon the not due observance of so notable and necessar Laws. And how expedient, fit and necessar it will be, for the good of this His Majesties ancient Kingdom, especially for Shipping and Building, that Timber be Planted; and how advantagious it is for the increase of Corns and Cattell, and the sowing of Lint and Hemp for Manufacturies, that Parking and Inclosings be made. Doth therefore with consent and advice of His Estates of Parliament, Revive the ninth Act of the fourth Parliament of King James the first, of blessed memory, Entituled, An Act for Planting of Woods, Forrests and Orchards, and all other Acts made for that effect, by His Majesty or any other His Royal Predecessors; and Ordains the same to be put to execution in time coming, conform to the Tenor thereof, in all points; with this addition. Likeas, His Majesty, with advice of His saids Estates of Parliament, Doth hereby Statute and Ordain, that every Heritor, Liferenter and Wodsetter (according to the qualifications under­written) within his said ancient Kingdom of Scotland, worth one thousand pounds of yearly valued Rent, shall inclose four Aikers of Land yearly at least, and Plant the same about with Trees of Oak, Elme, Ash, Plain, Sauch or other Timber, at three yards distance. And that all other Heritors of greater or lesse Rent, nor the said sum of one thousand pounds money foresaid, do Plant, Inclose and Ditch yearly, moe or fewer Aikers, according to their respective Rents, for the space of ten years next ensuing; and that of such Lands as the Heritors shall think most fit for Planting and capable for Inclosing, to be also Planted, Ditched or Inclosed in manner foresaid; and that the saids Heritors begin to Plant, Ditch and Inclose, the said ground, at the feast of Michaelmesse next to come, and uphold the same in time coming. And for the further incouragement of the saids Heritors, Wodsetters and Liferenters, to go about the ready observance of the said Act, liberty and power is granted to them, at the sight of the Sheriffs, Stewarts, Lords of Regalities, Barrons, and Justices of Peace, in [Page 86]their respective bounds, to cast about the High wayes to their conve­niency, providing they do not remove them above two hundred ells upon their whole ground; Excepting alwayes herefrom, Burrough and incorporate Aikers, which are no wayes to be Parked or Inclosed, unlesse the Heritors thereof shall think it meet and expedient. And where there are Liferenters upon Lands, It is hereby Declared, that the same shall be done upon the equal charges and expences of the Liferenter and Heritor. And in case of Proper Wodsets, It is also hereby specially Declared, that the same shall be done by the Wod­setter, and the charges thereof is and shall be added to the reversion, and no wayes redeemable, while they make paiment thereof, as well as of the sums for which the Lands are Wodset. And for the better incou­ragement of Heritors, and for preserving of the said Planting and Inclosures, It is Statute and Ordained, that whosoever shall cut or break any of the saids Trees, (not being the Heritors themselves) shall pay unto the Heritors or persons wronged, twenty pounds for every Tree; or if he be not able to pay the said twenty pounds, it shall be in the power of the party thereby wronged, to make him work six weeks, giving him meat and drink allanerly. And further it is Ordained, that whosoever shall break down the Hedges or Dikes of the saids Parks or Inclosures, or be found within the same, being a stranger, shall be holden and repute a breaker down thereof, and pay five pounds for every fault; or if he be not able to pay the said five pounds, to work ten dayes to the owner of the saids grounds, for meat and drink as said is. And for the greater incouragement of all persons, who shall be vertuously inclined, to Ditch, Inclose or Plant their ground, in manner foresaid, His Majesty, with consent above specified, hath Declared, and by their presents Declares, such parts and portions of their said ground, as shall be so Inclosed and Planted, to be free of all man­ner of Land-stents, Taxations or Impositions, of whatsoever nature, or Quarterings of Horse in the saids Inclosures, for the space of nineteen years, next after the date hereof; and that at the proportioning of the saids burthens, the same Inclosures shall be exempted and made free thereof accordingly. And also for the better preserving of the saids Inclosures, and of the Trees and Planting to be set about the same, It is Statute and Ordained, that ilk Heritor, Tennant and Cottar, keep their Cattell and Goods, out of their neighbours Inclosures at all times, that their Trees, Planting and Ditching, be no wise damnified or prejudged, under the penalty of five pounds for ilk contravention, toties quoties, to be paid to the Party damnified. And further Statutes and Ordains, That where Inclosures fall to be upon the border of any persons Inheritance, the next adjacent Heritor shall be at equal pains and charges in Building, Ditching and Planting that Dike which parteth their Inheritance. And Recommends to all Lords, She­riffs, and Baylies of Regalities, Stewarts of Stewartries, and Justices of Peace, Baylies of Burroughs, and other Judges whatsoever, to see this Act put in execution, and to grant processe at the instance of the Parties damnified and prejudged, and to see them repaired, after the form and tenor of this Act above-written, in all points.

XLII. Act Establishing Companies, and Societies for making Linnen-cloath, Stuffs, &c.

OUr Soveraign Lord, considering that all the laudable Laws and Statutes, made by His Majesties Ancestors, anent Manufacturies, for enriching of His Majesties ancient Kingdom, putting of Poor children, Idle persons and Vagabonds to work, for the maintenance and relief of the Countrey of the burthen of such unprofitable persons, have been hitherto rendred in­effectual; And that many good spirits, having aimed at the publick good, have for want of sufficient stocks, counsell and assistance, been crushed by such undertakings, Do conceive it necessar, to Creat and Erect Companies and Societies for Manufacturies, that what was above the capacity of single persons, may be carried on by the joynt assistance, counsel and means of many. And therefore His Majesty, with advice and consent of His Estates of Parliament, Doth Establish particular So­cieties and Companies, in the persons of such as shall enter themselves in the saids Societies, within any Shire or Burgh, one or moe of this King­dom; and after their decease, in the persons of their Successors, (it being alwayes Declared hereby, that not any of them shall be represented but by one person allanerly) or any other who shall list and enter themselves therein, betwixt and the [...] day of [...] as the first modern Societies and Companies for making of Linnen-cloath, Worstead Stockings, Searges, Baises, Sayes, Cottons, Sempeternums, Castilians, Perpetuanaes, and all other Woollen Stuffs and Cloath; and for their incouragement, and the good of this His Highnesse Kingdom; His Majesty, with advice and consent foresaid, Prohibits and Discharges any of His Majesties Lieges, to carry and transport into Spain, Portugal, Biscay, Russia, France, or any place beyond Seas, any Linnen-cloath, Bases, Sayes, Cottons, Sempiternums, Castilians, Perpetuanaes, or any other Woollen Stuffs or Cloaths, except they be free, and of one of the Societies aforesaid. And it is hereby Declared, that all Materials imported for the use of the saids Manufacturies, and that all the saids Stuffs or Cloaths, exported by the said Company, shall be free of all Customs, Excise, or any other Imposition whatsoever, for the space of nineteen years after the [...] day of [...] all other Merchants not free in one or other of the saids Companies, paying the usuall Customs, Excise, or any other Impositions, for any of the saids Commodities Exported by them. As also His Majesty, with advice foresaid, for the good and incouragement of these who shall enter themselves in the saids Companies, Doth discharge the saids Companies respective, where ever the same shall be erected, to receive any within the same, except these who shall contribute and bring in to make up a Stock to the saids Manufacturies, the sum of five hundred merks Scots, and doth [Page 88]grant liberty to the saids Members of the saids Societies respective, to choose and elect a certain number of their own Incorporation and Society, to be a Council for making of Laws, for their better regulating and ordering of the said Company and Manufactury, and things belonging thereto; providing alwayes, that no person elected have less of Stock, in the said Company or Society, nor one thousand merks Scots money. And that this Pious, Charitable and Profitable Design, may be no longer frustrate, nor poor Children, Vagabonds or Idle persons, continue to be burdensome to their Countrey; It is Statute and Ordained, that there be in each Paroch, one or moe persons pro­vided and appointed, upon the charges and expences of the Heritors thereof, for instructing of the poor Children, Vagabonds and other Idlers, to fine and mix Wool, spin Worstead, and knit Stockins. And for the more speedy perfecting of the laudable Design and Policy, so much aimed at by His Majesties Royal Predecessors, and now prosecute by His Majesty, in His prudence, and condescending care for the meanest of His Subjects, It is Statute and Ordained, that with [...] moneths after the dissolving of this present Parliament, the Com­missioners of Shires do conveen the whole Heritors within their re­spective Shires, for electing of some of the Heritors within each Paroch, to see this present Act made effectual, and persons appoint­ed for instructing of the Children and others foresaid, to fine and mix Wool, knit Stockins, and spin Worstead, and to see a maintenance setled in every Paroch upon the saids Instructers: And within the space of [...] next after the said first meeting, that they con­vocat the persons elected, within the several Paroches of the re­spective Shires, to take an account of them and of their care and dili­gence in the matters aforesaid; and in case they shall be found to have failed, that the saids Commissioners now attending this present Parliament, do see this present Act put in execution after the time aforesaid, in all the saids Paroches where the saids persons elected shall be found to have been deficient; and Ordains Magistrates of Burghs to be carefull that the same be made effectual within their Burghs and Liberties. And in case all, or any of the saids Commissioners or Magistrates aforesaid, do fail herein after the foresaid time; His Majesty, with advice and consent of the Estates aforesaid, Doth commit the care hereof to the Lords of His Majesties Secret Council, that the Laws may be no longer frustrate, nor the Kingdom burdened with Idle persons, Vagabonds, or poor Children. And that Manufacturies may be promoved, and for the incourageing of skilfull Artizans to come from abroad, for training up the persons foresaids, and working for the use of the saids Companies, It is hereby Declared, that all such as shall be brought home and imployed for the saids Companies, shall be free to set up and work in Burghs and Landwart where the Com­panies shall think fit, without paying any thing whatsoever to any person or persons, under whatsoever colour or pretext, for their Free­dom; and shall be free of Taxes and publick Burdens or Exactions during their lifetime; notwithstanding of any Law, Statute, Privi­ledge or Indulgence, made or granted in the contrair by His Majesty [Page 89]or any of His Predecessors, in favours of any Committee or Incor­poration whatsoever, which are all hereby Cassed, Rescinded, and De­clared void and null, in so far as they may be conceived to derogate from the Priviledges and Immunities granted by this present Act, in favours of Trades-men, Natives or Strangers, belonging to, or brought home by, the saids Companies, of working in the saids Manufacturies. And to the end that the foresaids Stuffs and Cloaths may be more usefull at home, and have the better vent abroad, His Majesty, with advice foresaid, doth Prohibit and Discharge any Weaver be­longing to the saids Companies, or private Trades-man, to make any Searges, under the breadth of an ell and a nail; Perpetuanaes and Sem­piternums, under the breadth of three quarters and a half; nor no Woollen Cloath, under an ell and a half broad; under the pain of twenty pounds, to be paid by the Weaver thereof, and the saids Stuffs and Cloaths to be confiscat, the one half to His Majesties use, and the other half to the use of the discoverers thereof. Further, His Majesty, with advice foresaid, for encouragement of these who shall enter into the saids Companies or Manufacturies, Doth grant to ilk one of the saids Companies, all the Priviledges and Immunities that are, or shall be hereafter by the Kings Majesty indulged to the Companies or Socie­ties of Fishers, as if the same were herein exprest. Whereanent, His Majesty, with consent foresaid, hath dispensed, and hereby dis­penses for ever.

XLIII. Act discharging the exportation of Linnen-yarn, and regulating the breadth of Linnen-cloath, &c.

OUr Soveraign Lord, conceiving it necessary for the good and wel-being of His Majesties Subjects, to project and indeavour the improvement of all the Native Commodities of this His Majesties ancient Kingdom, and to make Laws and Ordinances, for eviting and preventing of all fraud and deceit used heretofore, in making Sale of the saids Commodities; And consi­dering that it would tend more to the advantage of His Majesties Sub­jects, and promoving of Manufacturies, to restrain the liberty that Mer­chants have taken to export Linnen-yarn, then suffer them to carry the same unto other places and Kingdoms. Therefore His Majesty, with advice and consent of His Estates of Parliament, Discharges any Mer­chant or others whatsoever, to transport out of this Kingdom any Lin­nen-yarn, under the pain of Confiscation of the same, the one half to His Majesties use, and the other half to the use of the Attacher and Apprehender of the said Yarn; and Statutes and Ordains that all Yarn be sold by weight, and that no Reel be made use of within this Kingdom, under the measure and length of ten quarters, and that under pain of Confiscation of any Yarn brought to the Mercat of a shorter [Page 90]Reel, the one half to His Majesties use, and the other half to the use of the Delaters and Apprehenders of the said Yarn. As also, His Majesty considering, that Linnen-cloath is one of the most usefull Commo­dities of the product of this Kingdom, whereby much money in ancient times was brought home; And that now, to the great preju­dice of the said Commodity, the same is brought in contempt abroad, and become hardly vendible, through the deceitfull Making, evil Bleetching, and unequal Breadth thereof: Therefore His Majesty, with advice and consent of the saids Estates, doth Discharge and Pro­hibit all Weavers to make any Linnen-cloath, of the price of ten shillings Scots the ell, or above, under the Breadth of an ell and two inches, after the first day of November next to come, under the pain to be imprisoned, for the space of fourteen dayes, and of twenty pounds Scots to be paid for each fault, to Magistrates of Burghs, Sheriffs of Shires, Lords of Regalities, and Barrons within their respective bounds, and of the Confiscation of the same, to the use of the Atta­chers and Discoverers thereof; and Statutes that all Linnen-cloath be taken up by Selvage, and not by the Rigg, and so to be presented to the Mercat; and that all Linnen-cloath be Bleetched without Lime, under the pain of twenty pounds for each fault, to be paid to the Magistrates foresaid, within their respective bounds. And lastly, It is hereby Declared, that all Flax and Linnen-yarn Imported, and all Linnen-cloath Exported, by such as shall enter into the Companies and Manufacturies for making of Linnen-cloath, shall be free of Custom, and all other Imposition, for the space of fifteen years after the saids Manufacturies shall be established in the persons of such as shall enter themselves in the said Companies, betwixt and the first day of January next, conform to another Ordinance of Parliament for estabilshing the saids Companies.

XLIV. Act for incouraging of Shipping and Navigation.

OUr Soveraign Lord, considering that the Wealth, Safety and Strength of this Kingdom, are very much concerned in the increase of Shipping, and incourage­ment of Trade and Navigation; both which are much decayed, if not wholly ruined, by the late un­happy Wars, and the sad effects that have followed thereupon. And perceiving the present low con­dition of Trade, and the small number of Ships and Sea-men within this Kingdom, Hath thought expedient, out of His Princely zeal for the publick good, with advice and consent of His Estates of Parlia­ment now presently conveened, to Statute and Ordain, and by these presents Statutes and Ordains, that from and after the [...] day of [...] and thence forward, no Goods nor Commodities what­soever, that are of Forreign growth, Product or Manufacture, which [Page 91]are to be brought into Scotland, or any of the Isles thereto belong­ing, shall be shipped or brought from any other place or places, Countrey or Countries, but only from those places where the saids Commodities do grow, are produced or made, or from the Ports where the saids Goods and Commodities commonly are, or usually have been, first shipped for Transportation, and from no other place or Countrey; and in no other Ships or Vessels; but such as do truly and only belong to His said Kingdom; and whereof the Master, and three fourth parts of the Mariners, are Natives and Inhabitants with­in the same; or at least in such Ships and Vessels, as do truly and on­ly belong unto, and are of the build of, these Kingdoms or Countries where the saids Commodities do grow, are made or produced; and whereof the Master, and three fourth parts of the Mariners, are Na­tives and Inhabitants within the same. All which is to be verefied and attested, under the Seal of the City or place from whence they come, and Oath of the Parties to whom the said Ships or Vessels do belong, under the pain of Confiscation of all such Goods as shall be imported from any other place or Countrey, or in any other Ship or Vessel, contrair to the true intent and meaning of this Act; As also of the Ship in which they shall happen to be imported, with all her Guns, Furniture, Tackle, Ammunition and Apparelling, the one half to His Majesty, and the other half to the use of those who shall discover the Contraveeners of this present Act, and pursue for the same before the Lords of His Majesties Exchequer. And further it is Statute and Ordained by His Majesty, with advice and consent foresaid, that all Goods or Commodities whatsoever, produced or shipped, as is above exprest, which from and after the said day, and thenceforward, shall be Imported into this Kingdom, or any Islands thereto belonging, in any Ships or Vessels, that shall not truly and only belong to the Na­tives and Inhabitants thereof (except in English or Irish Vessels, Providing alwayes that Scots Vessels injoy the like benefit of Trade within the Kingdoms and Dominions of England and Ireland, and no otherwayes) shall be lyable to double Custom, and pay accordingly, whether the saids Goods pertain to Natives or Aliens. And further it is Statute and Ordained, that from and after the said day, and thence forward, all Goods and Commodities whatsoever, belonging to Aliens, Exported or Imported in whatsoever Ships or Vessels, whether Forraign or Scotish, shall be lyable to double Custom, and pay ac­cordingly. And it is further Statute and Ordained, that from and after the said day, and thence forward, all Goods or Commo­dities whatsoever, Exported in any other Ships or Vessels, then such as do truly and only belong to the Natives and Inhabitants of this Kingdom, shall be lyable to double Custom, and pay accordingly, whether the saids Goods appertain to Natives or Aliens. And it is further Enacted and Ordained by His Majesty, with advice and consent foresaid, that at and after the said day, and thence forward, all Ships and Vessels belonging to this Kingdom, shall be Navigated only by Scots-men, dwelling in Scotland, at least the Master and three fourth parts of the same being such, under the [Page 92]pain of being esteemed Forraign Vessels, and paying double Custom, for all the Goods and Commodities, Imported or Exported within the same. And for preventing of all fraud, which may be used in the buying of Forraign Ships, It is Statute and Ordained by His Majesty, with consent foresaid, that from and after the said day no Ship whatsoever, shall be deemed or passe as a Ship belonging to Scotland, or injoy the benefit of such a Ship or Vessel, untill such time that he or thy claiming the same to be theirs, shall make appear to the chief Officer or Officers of the Customs at Lieth, he or they residing in any place betwixt Berwick and Stirling on the South-side of Forth, and to the chief Officer or Officers at Burntisland, he or they residing in any place betwixt Stirling and Fife-ness upon the North-side of Forth; and in case of their abode in more remote places, to the Officer or Officers, of the Port next to the place of his or their abode, that they or he are not Strangers, and shall have taken an Oath, before such Officer or Officers, who are hereby authorized to admini­ster the same, that such Ship or Vessel was bona fide, and without fraud, bought by him or them, for a valuable consideration, expres­sing the Sum, Time, Place and Persons, from whom it was bought, and who are his Partners (if he any have) All which Partners shall be lyable to take the said Oath, before the chief Officer or Officers, of the Customs rospective, as said is; and that no Forraigner, directly nor indirectly, hath any part, interest or share therein; and that upon such Oaths, he or they shall receive a Certificat under the Hand or Seal, of the said chief Officer or Officers, of the Port next the abode of the persons so making Oath, whereby such a Ship may for the future passe, and be deemed as a Ship belonging to the said Port, and injoy the priviledge of such a Ship or Vessel; and the said Officer or Officers, shall keep a Register of all such Certificats, as he or they shall so give, and return a Duplicat thereof, to the chief Officers of the Customs at Lieth, for such as shall be granted in all the other Ports of this Kingdom, together with the names of the person or per­sons, from whom such Ships were bought, and the sum of money which was paid for the same; as also the names of all such persons as are Partners, if any such be. And it is further Enacted by His Majesty, with consent foresaid, that if any Officer of the Customs, shall from and after the said day, allow to any Forraign Ship or Vessel, the priviledges due to a Scots Ship, till such Certificat be by them pro­duced, or such Proof and Oath taken before them, or such as they shall appoint to receive the same, and to examine whether the Master and three fourth parts of the Mariners at least, be Natives and Inha­bitants within this Kingdom; that for the first offence, such Officer or Officers shall be put out of their Offices or Places. And it is further Statute and Ordained, that no Merchants belonging to this Kingdom, shall imploy any Alien, or person not born within this Nation, or natu­ralized, or made a free Denizen thereof, from and after the said day, as Factor in any place beyond Seas, for the use and account of the Merchants of this Kingdom, under pain of a pecuniary Mulct, to be paid by him, or them that shall imploy him: which sum shall be [Page 93]imposed at the discretion of the Council of Trade, the one half thereof, to His Majesty and Successors, and the other half, to him or them that shall inform and pursue for the same. It is alwayes hereby provided, that this Act, nor any Clause therein contained, extend not to, or be meaned to restrain or prohibit, the Importation of any of the Commodities of Asia, Africa, or America; as also of the Com­modities of Musco and Italy, from such Ports and Places, and in such Ships and Vessels, as may be gotten most conveniently, untill such time as the Merchants of this Kingdom, have actual Trade to these respective places; and that the same be prohibited by Act of Parlia­ment, Privy Council, or Council of Trade. It is hereby Declared, That it shall be lawfull to import any sort of Corns, in time of dearth, from any place or places, in any Ship or Vessel whatsoever, without being lyable to Confiscation, double Custom, or any other Penalty contained in this present Act; the dearth and necessity of Import being alwayes cognosced and declared, by a publick Act of the Privy Council, or Council of Trade.

XLV. ACT discharing the Exportation of Skins, Hides, &c.

THe Kings Majesty, considering how necessar it is, that all former Laws for improving of Native Commodities be Revived, and understanding that the Deacons and remanent Trades-men of the Skinners, have upon their own charges, brought from Forraign places, Perfumers, Makers and Preparers of Leather, by whose pains and Art, the Kingdom may be furnished with Gloves at easier Rates, and be able to furnish other Nations abroad with Made-work; Doth therefore with advice and consent of the Estates of Parliament, Ratifie and Approve the hundred seventy eight Act of the thirteenth Parlia­ment of King James the sixth of blessed memory, discharging the Exportation of Skins and others therein contained; and Ordains the same to be put to execution, conform to the tenor thereof in all points. And also considering how usefull Goat-skins, Hart, Deer, and other wilde Beasts Skins might be, if they wrere prepared and impro­ven by Skinners within the Kingdom; His Majesty doth therefore with advice foresaid, Discharge all Merchants, Trades-men and others, to Transport any Calf-skin, Kid-skin, Hudderon, or Shorling-skins or any Goats-skins, Hart, Buck, Deer, or any other wilde Beasts Skins forth of the Kingdom, under pain of Confiscation of the same. And for the further incouragement of the Skinner-trade and Manu­factury, Licence is hereby given to Export Gloves made within the Kingdom, free of all Custom and Excise, for the space of nineteen [Page 94]years after the date hereof, reserving alwayes to the Lord-Treasurer and Commissioners of Exchequer, to give Licences for Exporting of Skins, as they shall find cause, after one year from the date hereof.

XLVI. Act discharging Exportation of Woollen-yarn, Wor­stead, broken Copper and Pewter, &c.

THe Kings Majesty, considering the great pre­judice this Kingdom and Manufacturies do re­ceive, by the Export of Worstead, Woollen­yarn, Raw and Unwaked-cloath and Stuffs; and the discouragement that Trades-men and Artists have, by the Export of broken Cop­per, Brass and Pewter; Doth therefore, with advice and consent of His Estates of Parlia­ment, Discharge all Merchants, Trades-men, and others whatsoever, as well Strangers as Natives, upon any colour or pretext whatsoever, to Export forth of this Kingdom, any Wor­stead, Woollen-yarn, Raw or Unwaked-cloaths and Stuffs whatsoever, made within the same, (Plaiding excepted) or any broken Copper, Brass or Pewter, under the pain of Confiscation of what of any of the particulars above-written shall be apprehended in the Exporting; the one half to be applyed for His Majesties use, and the other half for the use of the apprehender and pursuer of the same.

XLVII. Act discharging Trades-men to Import Made-work.

THe Kings Majesty, considering the great discourage­ment given to Manufacturies and Trades, by Trades­men's bringing home from Forraign places, such Commodities as may be made within the Kingdom, by these of the same Trade; Doth therefore, with advice and consent of the Estates of Parliament, In­hibit and Discharge all Trades-men and Mechanicks, to Import from forraign parts any Made-work belonging to that Trade or Calling whereof they are Free-men; or to vend the same, or any such Ware brought home by Merchants, in their Shops or otherwayes, under the pain of Confiscation, the one half to His Majesties use, and the other to the apprehender or pursuer of the same.

XLVIII. Act for incouraging of Soap-works.

THe Kings most Excellent Majesty, consider­ing the great advantage this His ancient Kingdom hath had, and may have by erecting and keeping up of Soap-works, whereby the Eastern Trade and Green-land Fishing will be much helped, by Impor­ting of Pot-ashes and other Materials; and money brought into the Kingdom, by the Exported Soap made within the same; And His Majesty being sensible of the prejudice this Kingdom hath suffered during these troubles, by the decay of these works, and being willing to give all due incouragements to the same for the future; Doth therefore, with advice and consent of the Estates of Parliament, Declare all Oyl, Pot-ashes, and other Mate­rials of any kinde whatsoever, to be imported for the use of Soap­works or making of Soap, and all Soap made within the Countrey, to be free of all Custom and Excise, and all other publick or private Dues whatsoever; and also that all Soap, so made and Exported, shall be free for the space of nineteen years, after the setting up of these works, and after the date hereof, for such works as are already set up; and discharges all Customers, Collectors or Fermerers of Excise or Custom, and all others whatsoever, to demand Custom, Excise or other Duty, for any Oyl, Pot-ashes, Tallow, or other Materials Imported for making of Soap, or use of Soap-works allanerly, or for Soap made within the Kingdom, and exported as said is.

XLIX. Act Reducing the Annuals to Six for the Hundred.

THe Kings Majesty, with advice and consent of the Estates of Parliament, Hath thought fit, upon divers good considera­tions, to Reduce, Likeas hereby they do Reduce, the An­nualrents of all money within this Kingdom, to Six for the Hundred yearly, in all time coming. And Declares the said Six for the Hundred to be free of all Retention, or other publick Burdens whatsoever.

L. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session.

FOrasmuch as among the many and unparallel'd bles­sings, wherewith it hath pleased the Almighty GOD to visit these Kingdoms, in the return of His Majesty to the exercise of His Royal Government, it is the great happinesse of this Kingdom, that the ordinary Judicatories, the fountains and seats of Justice, are by His Majesty established, according to their ancient and well grounded Constitutions; And the Estates of Parliament considering, how much it doth import the advancement of His Majesties service, the honour of the Kingdom, and the good of the Subjects, that the Senators of the Colledge of Justice (who are the Supream Judges under His Majesty, in all civil Causes) should be provided to a competent allowance, towards their charge and expenses, in their attendance on this their publick Administration. And un­derstanding, that by the calling down of the Annualrents from ten to six of the hundred, and by the disability of some Debitors, and by laying aside the twentieth penny of Sentence-silver, (which is con­ceived to be an unequal burden and grievance to such as must sute the benefit of the Law, and so are lyable thereto, before they can have repe­tition of it, or recovery of their just Debts) the present yearly allowance to each of them, will not exceed one hundred pounds Sterling; which being so mean, and unsuteable to the honour and reputation of that imployment, and to equity and justice, as to the persons called by His Majesty to serve therein; Therefore the Estates of Parliament have thought fit to grant, likeas they do hereby make a free Offer and Grant of a Taxation of Twelve thousand pounds Sterling, towards the making up of a Stock, whereof the Annualrent is to be imployed for the use aforesaid, and to be paid by the Shires and Burghs of the King­dom; the one half thereof in the moneth of November next to come, and the other half in the moneth of May thereafter, in the year one thousand six hundred and sixty two years, and to be raised in the same manner, the present or last Impositions are, and have been paid. And in order thereunto, The Kings Majesty, with advice and consent of His Estates of Parliament, Doth hereby Statute and Ordain, the said sum of twelve Thousand pounds Sterling, to be paid by the Shires and Burghs of the Kingdom, in manner and for the use aforesaid, the one half thereof in the moneth of November, and the other half in the moneth of May next to come; and that the same be brought in and delivered to any, whom the Senators of the Colledge of Justice shall appoint to receive the same; and whose discharge upon the receipt thereof, in whole or in part, shall accordingly be a sufficient exoneration to the Shires and Burghs, and all others whom it effeirs. And the [Page 97]saids moneths of November and May respective, being past, Ordains Letters of Horning and Poynding, and all other Execution necessar tobe directed at his or their instances, against the Shires or Burghs of the Kingdom and their Collectors: And twenty dayes being ex­pired, after either of the saids moneths respective, Ordains Quartering to be upon deficient Shires and Burghs; and that all who command the Forces within the Kingdom, give orders, and be assisting hereunto accordingly.

LI. Act concerning Arrestments.

OUr Soveraign Lord, considering the great charges that Creditors are put to, by Comprising of Sums owing to their Debitors, by vertue of Heritable Bonds, Contracts and other Writs bearing paiment of Annualrents: which in respect of the Obliegment for Annualrent, were not in former times Arrestable. Therefore the Kings Majesty, with advice and consent of His Estates of Parliament, Finds and Declares, that all Sums of money which are addebted by Bonds, Contracts and other personal Obliegments, whereupon no Infeftments have followed, are, and shall be Arrestable at the instance of any Creditor; not-withstanding that the Bonds, Contracts and other Obliegements bear paiment of Annualrents. And the Kings Majesty, with advice and consent foresaid, Declares that this shall no wayes change the nature of the saids Sums, nor prejudge the Heir nor any other person their rights to the same as being Heritable, which are hereby Declared to remain in their own nature unchanged by this Act, pro ut de jure, except that only the same are Arrestable. And it is hereby expresly provided, that all Arrest­ments and Executions thereof, since the twenty ninth day of July, one thousand six hundred an fourty four years, used conform to the tenor of this Act, shall be as valid and sufficient, as if this present Act had been of the said date; But prejudice alwayes to the Creditors to Comprise the saids Heritable Sums, if they shall choose rather to Comprise then to Arrest.

LII. Act concerning the disposal of Vacant Stipends.

FOrasmuch as by divers Acts, it is found that Stipends and Benefices of Vacant Kirks, or which thereafter should vaik by Decease, Deposition, Suspension, Transportation of Ministers, Dis-union of Kirks, or any other way, should, during the vacancy thereof, be imployed on pious uses; and the Kings Majesty considering, that during these troubles, many Learned [Page 98]and Religious persons in the Ministry and Universities, for their expressions of duty and loyalty to His Majesty, or not concurring in the confusions of the time, have been Deposed, or Suspended from their Charge and Ministry, and have been otherwayes put under great sufferings, and they and their Families redacted to extream misery and want. And conceiving it to be an Act of great Piety and Justice, to have regard to the sufferings of those honest and faithfull Ministers and others, and in some measure to provide for them, and repair their losses; Therefore His Majesty, with advice of His Estates of Parliament, Ordains all Stipends or Benefices of Kirks that are vacant, and not already disposed of, or which shall vaik by Decease, Deposition, Sus­pension, Transportation, or any otherwayes, to be imployed for the supply and maintenance, and towards the reparation of the sufferings and losses of the persons aforesaids, and of the Wives and Bairnes of such of them as are dead; and that in such manner and wayes, as after tryal of their merits and sufferings, and the causes and grounds thereof, shall be thought fit by the Lords of His Majesties Privy-Council, to whom His Majesty, with advice and consent foresaid, com­mits the care of this business; And doth hereby impower and require them to use all diligence, that the Favour and Justice hereby intended by His Majesty to these suffering Persons and their Families, may be made effectual; and that notwithstanding of any thing contained in any of the saids Acts to the contrair. It is alwayes provided, that this Act is without prejudice of any Benefit, which by the Law and Custom of this Kingdom, falls to the Relict, Bairns or Executors of a Mini­ster after his decease; and that this Act is to endure for the space of seven years, and longer as His Majesty shall think fit.

LIII. Act ratifying the Act of Parliament 1633. anent the Annexation of His Majesties Property, &c.

OUr Soveraign Lord, with advice and consent of the Estates of this present Parliament, Ratifies and Approves, and for His High­nesse and His Successors, perpetually Con­firmes, the tenth Act of the first Parliament of His Majesties Royal Father of blessed memory, King Charles the first, holden at Edinburgh, in Anno one thousand six hun­dred and thirty three, Intituled, An Act anent the Annexation of His Majesties Pro­perty, in the whole Heads and Clauses thereof; especially that Clause of the same, whereby His Majesty and the Estates of Parliament then conveened, did Declare the right and title of Superiority, of all and sundry Lands, Barronies, Milnes, Woods, Fishings, Towers, For­talices, Mannor-places, and pertinents thereof, pertaining to whatso­ever; [Page 99]Abbacies, Priories, Prioresses, Preceptories, and whatsoever other Benefices, of whatsoever Estate, Degree, Title, Name or Desig­nation the same were of, Erected in temporal Lordships, Barronies or Livings, before or after the general Act of Annexation of Kirk-lands made in the month of July one thousand five hundred eighty and se­ven, together with the whole Few-mails, Few-fermes and other Rents and Duties of the saids Superiorities to be annexed, and to remain with the Crown for ever, upon the reservation of the Lords and Titulars of Erection therein specified: Likeas thereby His Majesty and Estates foresaid, Found and Declared, that all Titulars of Erection without exception, should hold their property and proper Lands of the Kings Majesty and His Successors in Few-ferm, for paiment of the Few­ferm-duties, contained in the Infeftments, granted to them before the said Act of Annexation, and no otherwayes. And that all Rights and Deeds, made and granted to whatsoever person or persons, pre­ceeding the date of the foresaid Act, which might prejudge His Majesty and His Successors, in the peaceable injoying of the said Superiorities and Few-ferm-duties, should be null and of no avail, by way of action, exception or reply. And further, His Majesty, with advice and consent foresaids, of new Declares, the foresaid Supe­riorities of all and whatsoever Kirk-lands, Milnes, Woods, Fishings and whole pertinents of the same, pertaining of before to what­soever Chapters, Priors, Prioresses, Preceptors, and whatsoever other Benefices, of whatsoever other Estates, Degree, Title, or De­signation they be of, whereof the Presentation belonged to His Majesty and His Highnesse Predecessors, erected in temporal Lordships, Barronies and Livings, to pertain to His Majesty and His Highnesse Crown, therewith to remain in all time coming. And also Declares all and whatsoever Grants, Rights or Infeftments, of any of the saids Superiorities of the Lands and others pertaining to whatsoever Chapters, Priors, Prioresses, Preceptors, Abbacies, and whatsoever other Benefices of whatsoever Estate, Degree, Title, Name or De­signation the same were of, with all Warrands, Tacks, Commissions, Baileries or Deputations for entring of the Vassals thereto, made and granted by His Majesty, or His said Umquhile dearest Father, in any time by-gone, since the Surrender in Anno one thousand six hundred twenty seven, or to be made in time coming, with all other Gifts and Dona­nations of the saids Few-duties, formerly belonging to the saids Lords of Erection, and made by His Majesties said Umquhile dearest Father, after the Surrender, and before the Redemption thereof from the saids Lords, and all heritable and irredeemable Rights, granted by His Majesties said Umquhile dearest Father after the redemption, where­by the Profits, Casualities and Emoluments of the Superiority of the said Kirk-lands, may be conferred to any other person, except the pro­per Vassals thereof, directly or indirectly, of whatsoever Name, Title or Designation they be of, and of all gifts of new Regalities or Juris­diction, to be null by way of exception or reply: Reserving alwayes to these persons, who have right to the Few-duties, the Right and Title thereto. And reserving to John Earl of Lauderdail, His Majesties [Page 100]Sole Secretary for the Kingdom of Scotland, a Signatur superscribed by His Majesty at His Court of Whitehal, the twenty fifth day of May last by past, and past in His Majesties Exchequer, of all and whole the Lordship, Barronie and Regalitie of Musleburgh, containing a new gift of Union and Erection of the same, in a free Lordship, Barronie and Regalitie; and discharges the Treasurer Principal and Deput, Commissioners of the Treasurary, and remanent Lords of Exchequer, Writers to, and keepers of, the Seals, from all passing or expeding any such new Grants, Rights, Infeftments, Tacks, Warrands, Com­missions, Baileries, or Deputations for entring of Vassals, except allanerly such Infeftments and Signaturs, as shall be granted to the Lords and others, who had formerly right to the saids Erections and Superiorities, whereby they might have right to claim the Few-ferms and Few-duties addebted by the Vassals and others subject in paiment thereof, allanerly, ay and while they be satisfied therefore, in manner specified in the fourteenth Act of His Majesties said Umquhile dearest Father His first Parliament, and with the whole remanent exceptions and reservations, contained in the saids Acts, made in Anno one thou­sand six hundred and thirty three, which are holden as repeated and ex­prest herein. It is alwayes Declared, that notwithstanding of this Act, any who have gotten or shall get any new Infeftment of Superiority of Kirk-lands, the same shall stand good, as to such Vassals who have given their consents to the said right of Superiority: In regard that such a consent, as to His Majesty, is of the nature of a Resig­nation of their property, in favours of the saids Superior, to be holden of the King. But prejudice neverthelesse to His Majesty, of His High­nesse right of reversion of the Few-ferm, Few-duties and Casualities, conform to the foresaid Act of Parliament, one thousand six hundred and thirty three.

LIV. Act in favours of Laick Patrons, of Provestries, Prebendaries, Chaplanries and Alterages.

OUr Soveraign Lord, with advice and consent of His Estates of Parliament, Ratifies and Approves the Act of Par­liament, made by King James the sixth, His Majesties Grand-father, of eternal memory, Parliament first, Chap. twelfth, Anent Provestries, Prebendaries, Alterages, Chap­lanries, and Collegiat Kirks, pertaining to laick Patrons, together with the Act of Parliament twelfth, Chap. one hundred and fifty eight, Ratifying the same; and Ordains the saids Acts to have full force and effect in all time coming; with this Declaration alwayes; That in respect the Vassals which held Lands of the saids Provests, Prebendars, and others foresaids, are put to a great uncertainty of their Superiors, it not being known to them who are provided to the saids Provestries, Prebendaries, Chaplanries, Alterages, and others foresaids, by reason [Page 101]there is no publick Register, to the which they may have recourse for knowledge and notice thereof; and that the most that they can know by any Register, is the Infeftments and Seizings, made to these who are laick Patrons holding of His Majesty. Therefore, for securing of the Vassals, who hold Lands, Milnes, Fishings, Tenements, Annual­rents or others whatsoever, of the saids Provestries, Prebendaries, Collegiat Kirks, or of Chaplanries, Alterages, and others of that nature, at any time of before; It is Statute and Ordained, that the entry of the saids Vassals by Retour, Precept of Clare constat, Resig­nation, Comprising or otherwayes whatsoever, shall pertain to the laick Patrons and their Successors, who stand infeft in the said laick Patronages, holding immediately of His Majesty; and that the entry of the Vassals by them, shall be as valid and sufficient to the saids Vassals, receivers thereof, as if they were entered by the Titulars of the saids Provestries, Prebendaries, Alterages, Chaplanries, and others foresaids. And that the said laick Patrons, shall be in all time com­ing in their place, as Superior to the said Vassals, and to have the same power to give Infeftments to His Majesties Subjects, upon Retour or by precept of Clare constat, or by Resignation, Comprising, or any manner of way, with Gifts De novo damus; and that without consent of persons provided, or to be provided, to the saids Provestries and Pre­bendaries of Collegiat Kirks, Alterages, Chaplanries, or other Titulars of Collegiat Kirks; and also without consent of the Chap­ter or Convent of the saids Prebendaries thereof, or most part of the same, which of before was in use and custom. Whereanent, and anent all Acts in the contrair, His Majesty, with consent foresaid, dispenses for ever, Reserving alwayes to the Titulars of the saids Provestries, Pre­bendaries, Alterages, Chaplanries, and others foresaids, the Fruits, Rents and Emoluments of the saids Provestries, Prebendaries, and others foresaids, which are no wayes prejudged by this present Act. It is hereby further Statute and Ordained, with advice and consent fore­said, where there are any Prebendaries, Chaplanries, Alterages, or other foundations of that nature above-mentioned, founded and situated within any Burgh Royal of this Kingdom, that the Provest, Baylies and Council of that Burgh, where the same are founded, are and shall be in all time coming, only undoubted Superiors, by whom, and by no others, the Vassals and Tennents shall enter in manner above-specified; the saids Provest, Baylies and Council having been formerly Patrons of these Chaplanries.

LV. Act anent Cocquets and Entries of Ships.

OUr Soveraign Lord, understanding there are diverse abuses committed by the Customers and receivers of Entries of Ships, and by the keepers of the Coc­quet, in sometime exacting from Masters of Ships, greater sums of money then is due to them, and sometimes absenting themselves, to the great prejudice of the Merchants estate, and to the hazard of the losse of their voyage. Therefore our Soveraign Lord, with advice and consent of the Estates of Parliament, Ordains that there be no greater price exacted, for entering their Ships and Goods, then the sum of twenty three shillings four pennies; and for the said Cocquet, then the sum of fourty shillings; and that the keepers of the said Cocquet, attend by themselves or their servants, diligently and readily to answer and give out Cocquets to all Merchants and Masters of Ships, under pain of losing their place, whensoever they shall be found, either to exact more then the said sum above written, or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same.

LVI. Act anent Coal-hewers.

OUr Soveraign Lord, with advice and consent of His Estates of Parliament, Ratifies the eleventh Act of the eighteenth Parliament of King James the sixth, of worthy memory, made anent Coal-hewers and Salters, with this addition, That because Water-men who laves and draws Water in the Coal-heugh-head, and Gates-men, who worke the wayes and passages in the said Heughs, are as necessar to the owners and Masters of the said Coal-heughs, as the Coal-hewers and bearers. It is therefore Statute and Ordained by Our Soveraign Lord, with advice and consent foresaid, That no person shall hire nor seduce any Water-men, Winds-men and Gates-men, without a Testimonial of the Master whom they serve, under the pains contained in the former Acts in all points. And because it is found by experience, that the giving of great Fees, hath been a mean and way to seduce and bring Coal-hewers from their Masters, It is therefore also Statute and Ordained, That it shall not be lawfull for any Coal-masters in this Kingdom, to give any greater Fee then the sum of twenty merks in Fee or Bounteth, under any colour or pretext: and because the [Page 103]saids Coal-hewers and Salters, and other Work-men in Coal-heughs within this Kingdom, do ly from their work at Pasch, Zule, White­sunday, and certain other times in the year; which times they imploy in Drinking and Debauchry, to the great offence of GOD, and pre­judice of their Master; It is therefore Statute and Ordained, That the saids Coal-hewers and Salters, and other Work-men in Coal-heughs of this Kingdom, worke all the six dayes of the Week, except the time of Christmasse, under the pain of twenty shillings Scots, to be paid to their Master, for ilk dayes failȝie (by and attour the prejudice sustained by their saids Masters) and other punishment of their bodies.

LVII. ACT discharging the Custom of two and a half of the Hundred, and the Impost of four pounds on the Tun.

OUr Soveraign Lord, considering that the prices of all Merchandice do daily rise to exceeding great dearth, which is alleaged to be occasioned through extraordinary Customs and Impositions. For re­medy whereof, His Majesty, with advice and consent of His Estates of Parliament, Doth discharge all and sundry whatsoever Customs and Impositions ex­acted by the Customers, which are not allowed by the Acts of Parlia­ment, and especially the late Custom of two and an half per cent. and the late new Imposition of four pounds upon the Tun of Wine, and all raising of His Majesties Customs, directly or indirectly, without con­sent of Parliament. And because that the too much troubling of Merchants, and drawing of Masters and Mariners from their ordinary charges, doth much impede the Trade; Therefore His Majesty, with advice and consent foresaid, discharges the taking of Merchants, Masters and Mariners Oaths in the matter of Customs. And to the end, that the Subject of Trade may not be restrained with unneces­sary Customs, His Majesty, with advice and consent foresaid, Declares, that all Goods and Merchandice, imported from Forraign places to this Kingdom, and out of the same, paying Inward-custom, shall be free of all Outward-custom, according as is used in England and Ireland. Likeas His Majesty Declares, that He consented to the Act above­written, upon this condition, that Commission and Warrand be granted to the Exchequer, to establish the Book of Rates, according as the prices of Merchandice now rules; and His Majesty permitted the option to the Burroughs, whereupon, the Burroughs having advised, they made choice to be ruled by the the Book of Rates anent the Customs; and consented, that Commission should be granted to the Exchequer to establish the Book of Rates, according as the prices of Merchandice now rules. In respect whereof, Our Soveraign Lord [Page 104]Ordains a Commission to be drawn up to the Exchequer to the effect foresaid, and extracted thereupon, for establishing the Book of Rates according as the prices of Merchandice now rules: And therefore Our Soveraign Lord, with advice and consent foresaid, Ordains the Act above-mentioned to stand as a Law, in manner and to the effect above-rehearsed.

LVIII. Act in Favours of these who get their Ward­holding changed by the Kings Majesty.

THe Estates of Parliament having taken to con­sideration, that some difficulty hath occurred in the prosecution of His Majesties Royal Fa­thers intention of changing of Ward-holdings in Few, for the well of His Subjects, conform to the two Commissions, granted by His said Majesty thereanent, under the Great Seal of this Kingdom; And that the said diffi­culty hath risen upon this ground, that diverse of His Majesties Subjects, holding Lands of His Majesty or of the Prince, Ward, or Few cum maritagio, holds also other Lands, of other Superiors, Ward; who whilst their Vassals held Lands Ward, or Few cum maritagio, of His Majesty or of the Prince, could pretend no right to the Marriage of the Vassals Heir; when the same shall be changed in Few, and Composition and a yearly Few-duty being granted to His Majesty or the Prince for the said Ward and Marriage, the other Superiors of the said Vassals, of whom he holds Ward, may contend for the benefit of the casuality of the Marriage of His Vassals Heir, when the same falls out, he being the Vassals eldest Superior of whom he holds Ward; which was grievous to the Vassals, who by this new course of changing of his holding, hath componed both for Ward and Marriage. Therefore it is Statute and Ordained, by the Kings Majesty, with advice and consent of His Estates of Parliament, That all Vassals, holding Ward of His Majesty or the Prince, or holding Few cum mari­tagio, who shall hereafter compone and agree with the Commissioners to be appointed by His Majesty, for changing of their Holdings, from Ward to Few, or for renunciation of the Marriage, contained in their Few-infeftments, their Heirs and Successors in the saids Lands, shall be free of the Marriage that can be acclaimed by their Superiors of the Lands holden by them of their saids other Superiors, Ward; and that the saids other Superiors, shall have no right to the Marriage of their Heirs, when the same falls out, no more then they would have had, if the Lands holden Ward of His Majesty or the Prince, had continued still Ward: but that the saids Vassals, whose holding shall be changed, or who shall compone for their Marriage, as said is, their Heirs [Page 105]and Successors, shall enjoy their Lands in all time thereafter, free of any such burthen of Marriage: Providing alwayes, Likeas it is hereby Provided and Declared, that if the foresaids Vassals whose holding shall be changed as said is, and who shall compone for the renunciation of the Marriage contained in their Few-infeftments, or their Heirs or Successors in the saids Lands which once held Ward, or Few cum maritagio, shall alienate and dispone the saids Lands to any other persons; then and in that case, the Aliener, or His Heirs, shall no longer have the benefit of this present Act; but that not­withstanding of this present Act, if they hold Lands Ward of any other Superior, that their Superior shall enjoy all the benefit of his Superiority, as if this present Act had never been made. And such­like, for the greater furtherance of His Majesties Lieges, in the way of the changing of the tenours of the said Ward-holdings, or renuncing of the Marriage contained in their saids Few-infeftments, Our Sove­raign Lord, with advice and consent foresaid, Ordains Signaturs to be past to the Lieges by the Exchequer, on the recommendation of the saids Commissioners of the Ward-lands in their favours, upon the Lieges their Resignation for new Infeftments to be granted to them; bearing the new manner of Few-holding, or bearing the renunciation of the said Marriage contained in their old Few-infeftments, as shall be Ordained by the saids Commissoners of the Ward-lands.

LIX. Act anent the Exchequer.

THe Kings Majesty, considering that some doubts and debates may arise, concerning the meaning of the eighteenth Act of the Parliament, holden by His Ma­jesties Royal Father of blessed memory, in the year one thousand six hundred and thirty three, Anent the deciding and judging in Causes concerning His Majesties Property; Doth for explanation thereof, with advice and consent of His Estates of Parliament, Find, Declare, Statute and Ordain, that the validity and invalidity of Infeftments of His Maje­sties Property, or of any other Infeftments, may not be discussed nor de­cided in Exchequer, neither by way of Exception, Action nor Reply; but that the discussing and decision thereof, is only proper to the Lords of Session; Reserving alwayes to the Exchequer to judge in all other businesses concerning His Majesties Rents and Casualities, as they might have done before the year one thousand six hundred and thirty three.

LX. Act concerning Docqueting of Signaturs.

THe Kings Majesty, with advice and consent of His Estates of Parliament, Doth Ratifie and Renew the twentieth Act of the tenth Parliament of King James the sixth, of blessed memory, and accordingly Statutes and Ordains, That no Signaturs, Writs, Letters or Warrands shall be presented to be signed by His Majesty, but by His ordinary Officers, to whose charge the same properly belongs. And that His Majesty may the better know what passeth under His Hand, and upon what grounds he signs the same, It is appointed, That any of His Majesties Officers, who shall present any Signature, Writ, Letter or Warrand to be signed by His Majesty, shall cause Registrate the Docquet of the same in a Register, and then send the just double thereof under their hands to His Majesties Secretary, who is to give His Majesty timous notice of any prior Deed, differing or contrary to the same, that His Majesty may give His further Orders concerning the same.

LXII. ACT for ordering the payment of Debts, betwixt Creditor and Debitor.

OUr Soveraign Lord, considering how necessary and essential it is to the very being and flourishing of Kingdoms and Nations, that there should be a Na­tional confidence among the people themselves, and with these of other Nations with whom they have correspondence and traffick abroad; and that the most effectual and proper way to beget, cement, and maintain the same, is, that Promises, Pactions, Obliegements and Debts be faith­fully performed and satisfied, without which there can be no trust, and consequently no society, intercourse and commerce at home, and all Trade and Traffick with other Nations will certainly decay and cease, to the irreparable loss, ruine and discredit of the Nation: Yet, the troubles and difficulties of the time being so great, that it is fit some breathing time and encouragement should be given to the Debitors, for the better inabling them to keep their credit, and to take some effectual course for paiment of their Debts. Therefore His Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, That for all Sums and Debts contracted before the tearm of Whitsunday, one thousand six hundred and fifty eight years, and ex­ceeding one thousand pounds Scots of principal, personal execution shall be forborne by the space of six years, to begin at Whitsunday last by-past, in this instant year, one thousand six hundred and sixty one; Providing that the Debitors make paiment of one years Annual­rent at Candlemesse next, in the year one thousand six hundred and sixty two, and that the residue of the by-gone Annualrents of the said Sums, resting unpaid at Whitsunday next, shall become and be made a principal Sum, and the Debitor shall give security for the same to these who have right to the by-gone Annualrents, when they take the benefit of the foresaid forbearance, in manner after-mentioned; or at any other time that the same shall be demanded: Which Se­curity to be granted for the said by-gone Annualrents, made up in a principal Sum, shall bear obliegement to pay Annualrent for the same, in manner and from the tearms after-specified, viz. For a third part thereof, from Whitsunday next, one thousand six hundred and sixty two years; and for an other third part, from Martimesse there­after, in the said year; and for the last third part, from Whitsunday, in the year one thousand six hundred and sixty three, during the not paiment of the said principal Sum so made up, for which, personal execution is to be forborne, as for the other principal Sums, by the space aforesaid of six years after Whitsunday last. And without prejudice of the Security to be granted in manner foresaid, It is also Declared and Ordained, that the said by-gone Annualrents, are made [Page 112]up, and shall be holden and esteemed principall Sums; And that An­nualrents shall be due and payable for the same from the tearms and in manner foresaid, and that execution shall follow at the instance of those who have right to the same, upon and by vertue of their Bonds, Contracts and Rights, and of this present Act and Ordinance, in the same manner as if a new Security were already granted in manner and of the tenour abovewritten.

And notwithstanding of the Premisses, It is hereby Declared, that the Lords of Session shall have power to grant and passe Suspensions for Sums not exceeding one thousand pounds, upon such reasons as they shall think just.

And where those who have right to by-gone Annualrents are only Liferenters, and have no right to the stock and principall Sum, It is Ordained, that it shall be lawfull to them to use execution for the whole by-gone Annualrents due to them, as they might have done before the making of these Presents; and that the saids Lords of Session shall have power to grant and passe Suspensions against the saids Liferenters, in case they shall find just grounds and cause for granting of the same.

It is likewayes Provided, that the benefit of the said forbearance, shall only be granted and competent to such Debitors, as shall pay the said years Annualrent, within the time foresaid, and shall betwixt and the first day of November, compear before any of the Lords of Session, with the Clerk, and declare before them upon Oath, that their Debts exceeds the value of four years Rent of their Estate, pertaining to, and possest by, them: which Declaration, extracted under the hand of the Clerk of Register, or his Deputies, shall be a sufficient Security against Personall execution: And for which Ex­tract, the Clerk Register and his Deputies shall have for their Fees the sum of thirty three shillings four pennies Scots, and no more; And it is Declared, that all persons, who shall not by themselves, or their Tutors or Curators, appear and declare within the time, and in manner foresaid, shall be excluded from the benefit of the foresaid forbearance, and shall never be reponed or admitted thereafter, upon any pretext whatsoever.

And the benefit of the foresaid forbearance being granted to the Debitors, or any of their Cautioners, upon the compearance and declaration foresaid, shall only be personall for them and their Heirs and others representing them, and shall not be extended to those who are bound with them, and lyable to the saids Debts, unlesse they also compear and declare, that their own proper Debts and Cautionry for persons who have taken the benefit of this Act, exceeds the value of four years Rent of their Estate, and that within the time and in manner foresaid.

And for the more ease of the Debitors, It is Ordained, that in case within the time of the forbearance foresaid, the Debitor shall offer to the Creditor a part of his Debt, not being beneath or within the third part of the whole Sums due by him to the Creditor for the time, the Creditor in that case, shall be holden to accept of the said partiall [Page 113]paiment: and in case of his refusall, offer being made of a part of the said Sums, not within the proportion foresaid, in presence of a Notar and Witnesses, the Debitor, upon consignation of the same in the hands of the Clerk of the Bills, shall be free of the Annualrent of that part of the said Sum that shall be consigned, in all time coming after the consignation foresaid.

And whereas the legall reversion of Comprisings was formerly limited to seven years, His Majesty, for the reasons and with consent foresaid, is graciously pleased to extend the same to ten years in all time coming; and Statutes and Ordains, that all Comprisings already deduced, and whereof the legall reversion is not yet expired, or which shall be deduced any time hereafter, shall be redeemable within the space of ten years after the date of the same; and all Comprisings deduced since January, one thousand six hundred and fifty two years, and whereof the legalls are expired, and all Comprisings deduced before the said moneth of January, one thousand six hundred and fifty two years, and which were not expired before the said moneth of January, one thousand six hundred and fifty two years, shall be redeemable within the space of three years, after Whitsunday now last by-past, notwithstanding the legall reversions of the same be now expired.

And in case the Lands and others comprised, exceed in yearly Rent and value, the Annualrent of the Sums contained in the saids Com­prisings, and of the expence disbursed in obtaining Infestments there­upon, and the Debitor shall desire the Creditor to possesse the Lands and others comprised, it shall be lawfull to the Lords of Session, likeas the saids Lords are hereby impowered and authorized, upon a Sup­plication to be made to them by the Debitor, and Citation of the Comprisers, to appoint the Apprisers to possesse such of the saids Lands and others, during the legall reversion, as the saids Lords of Session shall think just and reasonable; the saids Debitors alwayes giving possession to those who have right to the saids Comprisings, and ratifying their possession already apprehended by them (if any such possession they have) of such of the saids Lands and others as the saids Lords of the Session shall appoint, not being beneath in yearly Rent and value of the Annualrents above-mentioned; or otherwayes giving to the Creditors (whether they have possession or not) sufficient security, at the sight of the saids Lords, for paiment of the saids Annualrents, during the time foresaid; the saids Lords of Session having alwayes power to determine, whether in the cases foresaids, the Debitor shall give Surety to the Creditor for his Annualrents, or the Debitor not being able to give Surety, the Cre­ditor shall be oblieged to take possession of the Debitors Lands. And if the Lords of Session shall appoint, in the case foresaid, the Creditor to be possest for his Annualrent, then, and in that case, the Debitor shall be holden to deliver the Evidents of the saids Lands to the Cre­ditor, or transumps thereof; providing alwayes, that the Creditors right, by vertue of the saids Comprisings, be no wayes prejudged after the expiring of the same: And that the whole Lands and others, [Page 114]both such as shall be possessed by the Debitor, and the remanent of of the Lands and others contained in the saids Comprisings, shall pertain to the Creditor irredeemably.

And because oftentimes Creditors, in regard they live at distance, or upon other occasions, are prejudged and preveened, by the more timeous diligence of other Creditors, so that before they can know the condition of the common Debitor, his Estate is comprised, and the posterior Comprisers have only right to the legal reversion, which may, and doth often prove ineffectual to them, not being able to sa­tisfie and redeem the prior Comprisings (their means and money being in the hands of the common Debitor) Therefore it is Statute and Ordained, That all Comprisings, deduced since the first day of January, one thousand six hundred and fifty two years, before the first effectual Comprising, or after, but within year and day of the same, shall come in pari passu together, as if one Comprising had been de­duced and obtained for the whole respective Sums, contained in the foresaids Comprisings. And it is Declared, that such Comprisings as are preferable to all others in respect of the first real Right and In­feftment following thereupon, or the first exact diligence for obtain­ing the same, are and shall be holden the first effectual Comprising, though there be others in date before and anterior to the same; and the foresaid benefit given and introduced hereby, in favours of these whose Comprisings are led within the time, and in manner foresaid, is only granted and competent in the case of Comprisings, led since the first day of January, one thousand six hundred and fifty two years, and to be led after the date of thir presents, and for personal Debt on­ly, without prejudice alwayes of ground Annuals, Annualrents due upon Infeftment, and other real Debts, and Debita fundi, and of Com­prisings therefore of Lands and others affected therewith, which shall be effectual and preferable according to the Laws and Practick of this Kingdom now standing; And it is also provided, that the Cre­ditors, having right to the first Comprising, except as is above ex­cepted, shall be satisfied by the posterior Comprisers, claiming the benefit foresaid, of the whole expence disbursed by them, in deducing and expeding the said first Comprising and Infeftments thereupon.

And further, for obviating the frequent and fraudfull practice of the appearand Heirs of Debitors, who are in use to acquire the right of expired Comprisings, and by vertue thereof, to enjoy and possess their Predecessors Lands and Estate, to the prejudice and defrauding of the posterior Comprisings and other Creditors, It is Statute, that in case the appearand Heir of any Debitor, or any other confident person to his behoof, shall at any time hereafter acquire the right of an expired Comprising, already deduced, or which shall be led and deduced hereafter, the said right shall be redeemable from the ap­pearand Heir, or the said confident person, their Heirs and Successors, within the space of ten years, after the acquiring of the said right, by the posterior Comprisers, upon paiment allanerly of the Sums truly paid and given out, for buying and acquiring the saids rights, at the [Page 115]least so much thereof as shall be resting unsatisfied for the same, by the intromission of the appearand Heir, or of the said confident person, or their foresaids.

And His Majesty, with consent foresaid, doth Declare, That the benefit foresaid introduced hereby anent Comprisings, shall be ex­tended to Adjudications for Debt; so that the Creditors, at whose instance the same are obtained, and those who have right to redeem the same, shall be in the same case as to the benefit foresaid, as if the said Adjudications for Debts were Comprisings.

And in case a Creditor, against whom the benefit of the foresaid forbearance for six years shall be taken, or who hath led, or shall lead a Comprising against the Debitor, shall think fit, and be willing, and desirous to take his Debitors Lands, or other Estate, or any part thereof for security or paiment, and in satisfaction of his Debt, then, and in either of these cases, the Debitor shall be holden to give Secu­rity out of his Lands, and other Estate, or to sell the same to the Creditor, at the sight of the Lords of Session, with such warrandize, and at such rates and prices (if the Creditor be content to buy) as they shall appoint; with certification, that otherwayes the Debitor, refusing or failing, shall lose and forfeit all benefit introduced in fa­vours of the Debitors by this present Act, as if it had never been made.

And in regard some persons may have taken advantage of the late times and troubles, by taking and acquiring of proper Wodsets of Lands and others, exceeding the Annualrent of the Sums lent upon the same; and providing neverthelesse, by the right of the foresaids Wodsets, and expresse provisions therein, or by writ a part, that they should not be lyable to any hazard of the Fruits, Tennents, War or Troubles; His Majesty, with consent foresaid, Statutes and Or­dains, that all such Wodsets, granted since the year one thousand six hundred and fourty nine, shall be restricted to the ordinary Annual­rent of the Sums whereupon the same are redeemable; and the saids Wodsetters shall be countable for the superplus of the Mails and Duties, and other benefit of the same, exceeding the Annualrent of the saids Sums, and the same shall be imputed and ascribed, in satis­faction of the said principall Sums pro tanto: And in case any such Bargains and Rights shall be made and acquired hereafter, His Majesty, with consent foresaid, Declares the same unlawfull and usurary, and the Contraveeners shall be punished severely as Usurers, conform to the Laws and Acts of Parliament against Ockerers and Usurers.

And as to proper Wodsets, granted since the time foresaid, where the Creditor undergoes the saids hazards, and the same are affected with the ordinar provisions and clauses irritant, in case of not paiment of the Sums given out and due upon the saids Wodsets, at the tearmes and in manner mentioned in the saids Rights: albeit the saids Wodsets and Provisions be lawfull; yet His Majesty, considering and having respect to the difficulties of the times, Statutes and Ordains, with consent foresaid, That the saids Clauses irritant, shall not take away the Heritors right, they alwayes redeeming within the space of five years after Whitsunday last: And in case the Debitors conceive, that [Page 116]they have dis-advantage by the said proper Wodsets, and shall desire to redeem the same, it shall be lawfull to them to redeem at any tearm of Whitsunday or Martimesse they please, notwithstanding of any provision to the contrair in the said Wodset-rights, or any other right a part suspending the redemption thereof. Likeas it is De­clared, That the Clauses of requisition contained in proper Wodsets, granted since the year one thousand six hundred fourty nine years, shall be effectual and no wayes suspended nor prejudged hereby; But prejudice alwayes to the forbearance of personal execution in manner above-written. And where the Creditors and Wodsetters have transacted with their Debitors, and have acquired irredeemable rights, for, and in place of, their former Wodsets, It is Ordained and Declared, That when, and at what time soever the saids Wodsets were gran­ted, whether before or since the year one thousand six hundred and fifty years, the saids transactions and irredeemable rights acquired by the Creditor for the same, are and shall be valid and effectual, and shall no wayes be prejudged by these presents.

And further, His Majesty, with consent foresaid, doth Declare, That in case any Debitors have by voluntar agreement betwixt them and their Creditors, or any of them renounced the benefit of any Acts of this nature, concerning Debitor and Creditor, made or to be made, the said agreement shall be of force and effectual, and shall not be prejudged hereby; without prejudice alwayes to the said Debitor of the prorogation foresaid of the legal reversions of Com­prisings led and deduced against them, and not as yet expired, not­withstanding of the agreement and renounciation foresaid.

And because, before the year one thousand six hundred and fifty, when money past at eight or ten per cent. divers proper Wodsets were then made and granted, and are yet unredeemed; and since the beginning of January, one thousand six hundred and fifty, there be divers persons, who taking advantage of the times, refused to lend their money, unless they got proper Wodsets of Lands and Teinds, at extraordinary advantages, to the heavy prejudice of the Debitors: Therefore, His Majesty, with advice foresaid, Statutes and Ordains, That in time coming, during the not requisition of the Sums where­upon the saids Wodsets are redeemable, and during the not redemp­tion of the same respectively, if the Debitors shall give sufficient Security to the Wodsetter for paiment of his Annualrent, during the not redemption, or not requisition, as said is; In that case, the Creditor-wodsetter, shall be holden to renounce and quit his posses­sion of the saids Lands and Teinds, in favours of the Debitor and others having right from him; At least if the Wodsetter shall be content to retain the possession of the same; In that case 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 [Page 117]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 Wodset­lands, 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 Wodset­lands, 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.