I. ACT asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical.
November 16. 1669.

THe Estates of Parliament having seri­ously considered, how necessar it is, for the good and Peace of the Church and State, That His Majesties Power and Authority, in relation to Matters and Persons Ecclesiastical, be more clearly asserted by an Act of Parlia­ment; Have therefore thought fit it be Enacted, Asserted and Declared, Like­as, His Majesty, with Advice and Consent of His Estates of Parliament, do hereby Enact, Assert and Declare, That His Majesty hath the Supreme Authority and Supremacy [Page 4]over all Persons and in all Causes Ecclesiastical within this His King­dom; and that by vertue thereof, the Ordering and Disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors, as an inherent Right to the Crown: And that His Majesty and His Successors may Settle, Enact and Emit such Constitutions, Acts, and Orders, concerning the Administration of the External Government of the Church, and the Persons imployed in the same, and concern­ing all Ecclesiastical Meetings, and Matters to be proposed and determined therein, as they in their Royal Wisdom shall think fit. Which Acts, Orders and Constitutions, being recorded in the Books of Council and duly published, are to be observed and obeyed by all His Majesties Subjects, any Law, Act or Custom to the contrary notwithstanding. Likeas, His Majesty with Advice and Consent foresaid, doth Rescind and Annull all Laws, Acts and Clauses thereof, and all Customs and Con­stitutions, Civil or Ecclesiastick, which are contrary to, or inconsistent with His Majesties Supremacy as it is hereby asserted, And declars the same void and null in all time coming.

II. ACT concerning the Militia.
November 16. 1669.

FOrasmuch as by divers ancient Laws an Acts of Parliament, made in the Reigns of His Majesties Royal Ancestors, it is Statute and Ordained, That Weapon-showings be holden in ilke Shire several times in the year, at which the Lieges are appointed to be harnished and armed, accord­ing to their qualities and degrees; as at length is specified in these Acts. And it being declared by the fifth Act of the first Session of His Majesties late Parliament, That it is His Majesties Prerogative-Royal and undoubted Right, to have the power of raising in Armes the Subjects of this Kingdom, and of the commanding, ordering and disbanding, or otherwayes dis­posing thereof as He shall think fit. As also, the Estates of Parliament of this Kingdom, in recognisance of His Majesties Royal Prerogative foresaid, and in a further acknowledgement of their duty, Having, by the twenty fifth Act of the last Session of the foresaid Parliament, made offer to His Majesty of twenty thousand Footmen and two thousand Horsemen, sufficiently armed and furnished with fourty dayes provision, to be raised from the several Shires of the Kingdom, according to the pro­portion exprest in that Act, to be in readiness as they shall be called for by His Majesty, to march to any part of His Domini­ons of Scotland, England or Ireland, for any service wherein His Majesties Honour, Authority or Greatness may be concerned. And His Majesty, finding it expedient that the foresaid number of Foot and Horse should be modelled and trained in military discipline, to the effect they might be in greater readiness and fitness for His Majesties Service when they should be called for, Having, by advice of His Privy Council, constituted and settled a Militia of Horse and Foot in many Shires of the Kingdom, according to the proportions mentioned in the foresaid Act; and in some other Shires a Militia of Horse only; having thought fit in this exigent, for important reasons, to change their Foot into a proportion of Horse, suteable to the charge of their propor­tion of Foot: And having nominated and appointed the Collonels and Lieutenant-Collonels of Foot, and Captains of Horse; And the Lords of Prvy Council having, by His Majesties Order and Warrand, appointed Commissioners of the Militia in the several Shires, ordered the election of the inferiours Officers, appointed [Page 6]particular dayes of Rendezvous, the way of listing of Foot-souldiers, ordered fit allowances to be given to the Foot and Horsemen every day of the Rendezvous; That Collours, Stan­darts, Drums and Trumpets be provided at the charge of the Shire; and having given several other Orders and Instructions concerning the ordering and disposing of the Militia, The Estates of Parliament do in all duty acknowledge His Majesties singular Wisdom and tender Care of this His ancient Kingdom, in con­stituting and settling the foresaid Militia. Likeas, His Majesty, with advice and consent of His Estates of Parliament, doth Ratifie and Approve the constitution and model of the Militia, as the same is established by His Majesty, with advice of His Privy Council: And particularly, their appointing dayes for Rendezvous, ordering fit allowances to be given to the Foot and Horsemen the saids dayes of their Rendezvous; And all Acts, Commissions, Orders and Instructiones past and emitted by the Council concerning the Militia, and their whole proceed­ings relating thereto. And Statutes and Ordaines, that in all time coming there be allowed to each Footman six shillings Scots, and to each Horseman eighteen shillings Scots, every day of the Rendezvous, to be payed be the Heretors; And that the said six shillings to be payed to the Footmen, be refounded to the Heretors by the men-tennents and servants for whom the Foot­men are put out, and who are not listed in the Militia. And also Statutes and Ordaines, that the Rendezvous be punctually keeped, that Horse and Foot be duely outreiked and sufficiently armed, that Fractions with their proportions of the price of the Collours, Drums, Standarts, and Trumpets be timeously payed Likeas, His Majesty with advice foresaid, doth give power and warrand to the Commissioners of the Militia in the respective Shires, to fine parties for the Souldiers absence from the Ren­deizvous, not exceeding six pounds Scots for the Horsemen, and two pounds Scots for the Footman absent ilk day of the Rendez­vous; And likewise, such as shall be deficient in the outreik of Horse or Foot, or in payment of the fractions thereof, or of the proportions of Collours, Drums, Standart, and Trumpets, or of the pay allowed by this present Act to the Horsemen or Footmen, the men-tennents and servants for whom the Foot-men are put out, being alwayes lyable to relieve the respective Heretors of the payment of the fines aforesaid, inso far as con­cerns the deficiency in outreik of Foot, or payment of the fractions thereof, or absents of the Footmen from the dayes of Rendezvous. And to the effect, more ready obedienuc may be given to this present Act and Ordinance, His Majesty, with ad­vice foresaid (without derogation from any power already given by the Instructions or Acts of Council) doth authorize and im­power the Commissioners of the Militia in the respective Shires, [Page 7]or any three of them (two of the quorum not being Officers) alter tryal taken that parties have been absent from the Ren­dezvous, or deficient in the outreiks and payments foresaid; to give order and warrand to any one of the Serjants of Foot of the respective Companies, or Corporals of Horse to be named by the saids Commissioners, to poind and distreinzie the [...]a [...]iest Goods and Geer of these absent or d [...]ficient, wherever the s [...]me may be found, apprise and make sale thereof towards the pay­ment of the sums specified in the said Warrand, and of the charges and expenses of the poinding and apprising; these charges alwayes not exceeding als much more as the sums for which the poinding shall be used. Likeas, His Majesly, with advice foresaid, constitutes the said person, to whom the fore­said Order shall be directed, Sheriff in that part; with power to him, by vertue of that Order, to poind the Goods without ne­cessity of carrying the same to the Paroch church or Mercat­cross of the head Burgh of the Shire to be apprised; and to do and act in the excution of the said Order, sicklike as a Mesten­ger at Armes may do by the Law, in execution of Letters of poinding and apprising given under His Majesties Signet: Pro­viding alwayes, that the goods poinded be valued and appr [...]s [...]d by two honest sworn men, whose oathes the said Sh [...]riff in that part is authorized to take to that effect; And declares, That it shall be leisome to the party from whom the Goods shall be poinded, to redeem the same within six dayes after the poind­ing, by payment of the sums, for which the poinding shall be used, expenses of the poinding foresaid, and twelve shillings scots each day during the not redemption. And in case the party do not redeem the goods poinped within the space foresaid, declares that it shall be lawfull to the said Sheriff in that part to retain the goods or sell the same, with deduction of the third of the sum to which they were apprised, He alwayes being countable for the price thereof to the Commissioners of the Militia, who are to see the party, from whom the Goods were poinded, satisfied of the superplus of the price if any be of the Goods for which the poinding was used, expenses foresaid of the poinding, third part of the value to which the Goods were ap­prised, with twelve shilling Scots ilk day during the space that the party had power to redeem, being alwayes deduced, and declares the said Warrand, being signed by three of the saids Commissioners (one of them only being an officer) to have the force and strength of an Decreet; and that there is no ne­cessity of any Precept or Charge to follow thereon: And that the poinding and apprising so used, by vertue of the said War­rand, is and shall be als lawfull and valid, as if all the solem­nities requisite and usual in poindings were observed; whereanent His Majesty, with advice foresaid, doth dispense in this case of [Page 8]the Militia. And it is declared, that these who are not suffi­ciently armed or mounted at the Rendezvous, shall be holden as absent therefrom, and shall be fined and poinded accordingly in manner foresaid. And for preveening debates that may arise the time of mustering, it is Declared, that Lieutenants and Cornets of Horse shall be reckoned of the number of Horse­men, appointed to be put out in the respective Shires: But prejudice alwayes to any of the saids Officers, to claim and sute payment of Fractions, if they be Leaders of Horse. As also, His Majesty, with advice foresaid, doth authorize and impower the Lords of His Privy Council from time to time, to appoint dayes of Rendezvous, and to give such further or­ders as shall be requisite for the full establishmen of the Militia in every particular thereof; and to call for an account from the several Shires of their procecure and diligence in settling the same. And commands and requires all His Majesties Subjects of whatsoever degree or quality, to give due and ready obedi­ence to all such orders and directions as they shall receive from His Majsties Privy Council, relating to the Militia, under the pains and certification contained in any Acts made, or to be made by them thereanent.

III. ACT for registration of Instruments of Re­signation ad remanentiam.
November 16. 1669.

OUR Saveraign Lord, with the advice of the Estates of Parliament, Statutes and Ordains, That all Instruments of Resignation that shall be made in the Superiour hands, ad remanen­tiam, (fourty dayes after the publication here­of) be registrate within threescore dayes after the date thereof, in the same manner and way and at the same rates as Renunciations, Seisings or Reversions: To the effect, the Lieges may the better know, that the Infeft­ment which was granted to the Resigners is thereby void and extinct, and that they may be put in mala fide to contract with the Resigner thereanent, or to comprise the same from him, otherwayes the said Resignation to be null. It is alwayes here­by Declared, That the Instruments of Resignation of Tene­ments, Lands and Fishings holden in free Burgage, being regi­strate in the Town Court Books of the Burgh, shall not fall within the certification of this present Act.

IV. ACT concerning poinding before the dayes of the Charge expire.
November 16. 1669.

OUR Soveraign Lord, with advice and consent of the Estates of Parliament, Statutes and Or­dains, that hereafter it shall not be lawful to poind moveables upon registrate Bonds, or De­creets for personal Debts, while the parties be first Charged, and the dayes of the Charge be expired: With certification, that poinding otherwayes used shall be null, and the poinders shall be punished and proceeded against as spuiliers; But prejudice alwayes of any Decreets re­covered at the instance of Heretors against their Tennents in their own Courts; whereupon it shall be lawful to them to use poind­ing as formerly; And but prejudice to Superiours to use poinding against their Vassals for their Few-duties, as they might lawfully have done of before.

V. ACT for the security of the Persons of Ministers.
November 30. 1669.

FOrasmuch as the Kings Majesty, considering how just and necessar it was, that the Orthodox Clergy should be protected from the violence of disaffected and disloyal persons; Did therefore, with advice of His Privy Council, by His Royal Proclamations of the fifteenth of March and thirteenth of June, one thousand six hun­dred and sixty seven, command and charge all Heretors, Life­renters and others, having any real Interest or Rent within the several Paroches of the Kingdom, to protect, defend and secure the Persons, Families and Goods of their Ministers, not only in the exercise of the Ministerial Function, but in their dwelling Houses; or being elsewhere within the Paroch, from all injuries, affronts and prejudices which they might incur in their Persons or Goods, from the violence and invasion of any disaffected, disloyal or other wicked person: With certification, if the actors of such outrages should not be apprehended and brought to tryal, by the means and diligence of the Parochioners, the Parochioners should be decerned to pay to suffering Ministers for reparation, damage and interest, such a sum and fine as His Majesties Council should determine; as is more fully exprest in the saids Proclamations. And the Estates of Parliament, having taken to their considera­tion the proceedings of His Majesties Council herein; and find­ing that the protection of the Orthodox Clergy, and the restrain­ing of the insolency of disaffected, disloyal and wicked persons at this time, did require more nor ordinary means and care from His Majesties Council; Have therefore thought fit, Likeas, His Majesty, with advice and consent of His Estates, doth hereby Ratifie and Approve the two Proclamations aforesaid, and the proceedings of His Majesties Council in prosecution thereof; and authorizeth them still to prosecute the same as occasion shal offer, until His Majesty in His next Parliament give farther Orders therein. And it is Declared, that this Act is and shall be but prejudice of any former Laws and Acts of Parliament made against the invaders of Ministers, and of the pains therein contained; And particularly the twenty seventh Act of the eleventh Parliament of King James the sixth, and seventh Act of King Charles the first His Parliament in Anno, 1633. Which Acts His Majesty, with advice foresaid, doth hereby Ratifie and Approve,, and Declares the same to stand in full force, strength and effect in time coming.

VI. ACT. for the ordering of Suspensions of the Benefices and Stipends of the Clergy.
November 30. 1669.

THe Kings Majesty being careful that the main­tainance of the Clergy be duely secured un­to them, and that they be not withdrawn by unnecessar Law-sutes for recovery there­of; Doth therefore, with advice and consent of His Estates of Parliament, Statute and Ordain That no Supension shall be past in time coming against any Archbishop, Bi­shop, Minister of the Gospel or Universities and Colledges, of any Charges to be given at their instances for payment of the Rents of their Benefices, Stipends or Colledge-rents, where they have special Decreets against the Heretors or possessors due and lyable in payment thereof to them, except upon production of Discharges or consignation of the sums charged for, if the Rent of the Benefice or Stipend consist in money; or of one hun­dred merks Scots for ilk Chalder of Victual where the same con­sists in Victual, and proportionally if the Victual charged for be less then a Chalder, without prejudice to the Lords of Session to modifie a greater or less sum for the Chalder of Victual, as they shall find cause at the discussing of the Suspension. And if any Bill of Suspension of a general Charge shal be presented in time of Session, That the ordinary Lord upon the Bills, before the passing thereof, call for the Chargers at the Bar, that they may instruct the ground of the Charge: And in case it shall be found by the Lords of the Session, at the discussing of the Suspen­sion, that either the Charge hath been malitiously given or mali­tiously suspended, That the Lords modifie a fifth part of the sum charged for, of expenses of Plea to be payed by the malitious Charger or Suspender.

VII. ACT for Naturalization of Strangers.
December 8. 1669.

OUR Soveraign Lord, out of His Innate Bounty and Royal Inclinati­on to favour and protect Strangers, and for the encrease and promoving of Trade and Manufactories, being garciously pleased and willing to give encouragement to Strangers to repair to, and dwell and reside within this Kingdom; Hath therefore thought fit; Likeas, His Majesties with advice and consent of His Estates of Parlia­ment, doth hereby Statute, Ordain and Declare, That all Strangers, being of the Protestant Religion, either such who having Estates shall think fit to bring the same to this Kingdom, to dwell and inhabite within the same; or who shall come to set up new Works and Manufactories therein, and shall repair to, and settle their abode, dwelling and residence within this Kingdom; shall be, and are hereby naturalized as native born Subjects of the Kingdom of Scotland, and are to enjoy His Ma­jesties Royal Protection, the benefit of the Law, and all other Priviledges which a Native doth enjoy, als freely in all respects, as if they themselves had been born within the same; and that they shall have liberty and freedom of Trade, and freedom to buy and purchase Lands, Heretages, and other Goods move­able and immoveable, and to enjoy the same by succession, pur­chase or donation, or any other way; and to dispose thereof and transmit them to their Heirs and Successors, who are to succeed thereunto: And to enjoy all other Liberties, Priviledges and Capacities which do belong to, and are competent, or may and shall belong to any native Subject born within this Kingdom. And further, His Majesty doth Declare, that upon applicati­ons to be made unto Him by these Strangers, He will grant unto them the free and publick exercise of their Religion in their own Languages, and the liberty of having Churches [Page 13]within this His Kingdom. It is alwayes hereby provided, that no person or persons shall have the benefit of this act, until first by Petition to the Lords of His Majesties Privy Council, containing an exact designation of their names, places of their birth and former residence, and that they are of the Protestant Religion, it be found by the Council, that they are qualified according to this Act, and ought to have the benefit thereof. And it is hereby Declared, that these presents, with an Ex­tract of the Act of Council, in favours of the saids persons to the effect aforesaid, shall be unto them a sufficient Naturali­zation to all intents and purposes. Which Extract shall be given to them freely, without payment of any money or com­position; save only the Fee of nine pounds Scots money to the Clerks of Council and their Servants.

VIII. ACT concerning the Bullion.
December 8. 1669.

OUR Soveraign Lord considering, that by divers former Acts of Parliament made by the Kings Majesty and His Royal Ancestors, and specially by the thirty seventh Act of the first Session of His Majesties first Parliament, it is Statute and Ordained, that all and whatsover Commodi­ties yearly exported forth of this Kingdom, should be lyable to the payment of Bullion, twelve denier fine, according to the quantities contained in the Alphabet of Bullion thereto adjoyned, and that for the yearly support of a stock of Coinage within the Kingdom, and for supplying of His Majesties Mint, being a part of His Prerogative Royal. And His Majesty and the Estates of Parliament, being still willing to support and encourage the same, and to provide for all necessary wayes and remedies for increasing the stock of Coinage within the Kingdom, and especially those that may be of most advantage, and may most encourage the Manufactories and the natural growth and native Commodities of the Kingdom; And finding, that the removing of the Bullion from the whole native Commodities and others exported forth of this Kingdom, and that the imposing of the said Bullion upon the Commodities imported, or some considerable part thereof, may very much contribute thereto; And being resolved, that His Majesties Mint should be hereby encouraged, and that no hurt or derogation should thereto occur by this change. Therefore, His Majesty, with advice and consent of His Estates of Parlia­ment, Declares, That all and whatsover native Commodities of this Kingdom, and others that shall be exported forth thereof, contained in the foresaid Alphabet of Bullion, after the second day of February next to come, one thousand six hundred and seventy years, shall be free, and are hereby discharged of the pay­ment of all quantities of Bullion therein contained: And the Customers and their Deputies are hereby prohibited and discharg­ed to take surety or pledges, or to use any other exaction upon the Merchants therefore, under all highest pain. And His Majesty, with advice foresaid, Rescinds and Annulls any Causes contained in the foresaid thirty seventh Act of the first Session of His Majesties first Parliament, or in any other Acts of Parliament, in [Page 15]so far allanerly as the same imposes Bullion upon the native Com­modities of this Kingdom, and others to be exported forth there­of, and no further: And in lieu and place thereof, Statutes and Ordains, That the imported Goods and Commodities under­written be lyable in payment of theseveral quantities of Bullion aftermentioned, viz. Spanish, Rhenish and Brandy-wines of all sorts, each Tun twenty four ounces, twelve denier fine; French­wines of all sorts, every Tun twelve ounces; Loaf-suggar the hundred weight, six ounces; Playing-cards, one ounce the gross; Paper for Printing and Writing of all sorts, one ounce every six rimms; Gray-paper, every twelve rimms one ounce; Deals every thousand five ounces; Single-trees, every thou­sand five ounces; Double-trees, every thousand ten ounces; Double-double-trees, and all other greater Fir-timber, every thousand twenty ounces; Steel, every hundred weight one ounce; Iron and Iron-work beaten of all sorts, every Tun two ounces; Onions and Aples, every two Barrals one ounce; Mum-beer, every Barral four ounces; Prunes, every Tun four ounces; Raisins, Currants and Figs, every Tun ten ounces; Iron-pots of all sorts, every dozen one ounce; Soap, every Barrel two ounces, Suggar-candy, every hundred weight ten ounces; Cop­per-kettles, Brass-pans, and all other made work in Brass or Cop­per, Yetline or beaten, every hundred weight four ounces; Mader, every thousand weight five ounces; Hats of all sorts, every three dozen two ounces; Window-glass of all sorts, every Chest one ounce; Limons and Oranges, each thousand one ounce; Hops of all sorts, every hundred weight one ounce; Spanish-leather, Marikin, Tanned-leather, Wild-leather, and all other sorts of leather, except Muscovia-leather, every hun­dred weight one ounce; Gloves of all sorts, each dozen one ounce, Whale-bane or Baline, ilk two hundred weight one ounce. And Statutes and Ordains, that the Merchant or other importers of the abovewritten Commodities or any of them, make ready payment of the foresaids quantities of Bullion hereby imposed, to the Officers of His Majesties Mint for the time, being of the fine­ness of twelve Deniers, and being baser to be considered by weight and reckoning, and that immediately upon the entry of the saids Goods; And in case the said importer shall fail to pay in the saids Bullion at his entry, he shall be holden and astricted, to make payment of the sum of twelve Shillings Scots for ilk ounce thereof to the Collectors, at the Port or Precinct where he enters the saids Goods; and which money so payed by him at his entry, shall be redeemable from the saids Collectors, upon the payment of the foresaids quantities of Bullion in to the Officers of His Majesties Mint: Provided alwayes, such payment of Bullion be made within fourty dayes, after the date of the entry of the Goods, and not thereafter. And it is hereby Declared, That it shall not be [Page 16]lawful to the saids Tacks-men, Collectors or their Deputies, to permit the saids importers to break Bulk, or to give them Trans­ire's or other warrant thereanent, till first the saids Importers re­port or produce the Mint-masters receipt of the due quantity or Bullion payed in specie, or else, that the Tacks-men Collectors or their Deputies, receive payment of twelve Shillings Scots for ilk ounce of Bullion not delivered in to the Mint; and for ilk ounce of Bullion of twelve Denier fine, sopayed in to the Mint in specie by the Importer, he is to have delivered back to him in His Majesties Coin three pounds ten pennies Scots, and for ilk ounce of eleven Deniers fine, he is to have delivered back to him fifty five shillings nine pennies Scots, and so proportionably conform to the fineness of the Bullion given in, and that in satisfaction of all Dues whatsover that can be acclaimed by the Officers of the Mint, for His Majesty or otherwayes. And whereas, by the former Acts of Parliament made anent Bullion, the general Tacks-men and Collectors of the Customs and their Deputies, were bound and oblieged to take sicker Surety or Pledges, such as they would be answerable for, for the Bullion to be brought in and which then lay upon export, and that what rested not delivered to the Mint, the saids Tacks-men, Collectors and their Deputies, were to be answerable therefore; And that by the constant practice of His Majesties Exchequer, the saids Tacks-men and Collectors, by their Tacks and Commissions given to them, and Obligations granted by them, are bound to make count, reckon­ing and payment of the whole Bullion then arising upon the ex­port of this Kingdom, And lest His Majesty or his said Mint should sustain any hurt or prejudice, or be at any uncertainty by loosing of those bonds, or by this change; Therefore it is hereby Statute and Ordained that all general Tacks-men of His Majesties Customs of this Kingdom, general Collectors of the same and their Deputies present and to come, shall be, and are hereby bound and oblieged, virtute Officii, and by the acceptation of their Tack or Office, to make count, reckoning and payment to the Officers of His Majesties Mint, of all and whatsoever quantities of Bullion that shall yearly arise upon the imported Commodities aforementioned, and which shall be delivered by the Merchant in specie; and also to make payment of all such sums of Money, as shall be payed by the Merchant to them, in place of Bullion, at the aforesaid rate of twelve shillings per ounce, to the General and Master of the Mint for the time being, and that quarterly; beginning the first quarters payment at the terme of Whitsonday next, one thousand fix hundred and seventy and so-forth yearly and quarterly thereafter. And whereas, the saids Tacks-men, Collectors or their Deputies, were formerly holden and astricted to give in exact accounts of the whole Commodities exported yearly forth of this Kingdom upon [Page 17]Oath, wherby the full charge of the Bullion was yearly known; And to the effect, that the full charge of the bullion now im­posed upon the foresids Commodities imported, may be als ful­ly known: It is hereby Statute and Ordained, That the saids Tacks­men Collectors or their Deputies at all the Ports or Precincts within this Kingdom, shall givein yearly in Exchequer the exact account of the several quantities of the Commodities, whereupon Bullion is hereby imposed, and that upon Oath, at the feast and terme of Martimas yearly: As also, to exhibite and produce the subscribed Entries by the Marchants of the foresaids Goods imported; and for that effect, that Letters of Horning be directed against the said ge­neral Collectors, Tacksmen and their Deputies, by the Lords of His Majesties Exchequer, upon a charge of six dayes: And it is hereby declared, That the saids Tacks-men, Collectors or their Deputies shall be holden and astricted to deliver to the importer, Certificates of the forsaid Bullion in specie, or of the Money payed therefore at the rate foresaid, gratis. And whereas by the meaning of this Act, it is left in the option of the importer, either to pay Bullion in specie or to pay money for the same, at the rate oftwelve Shillings per ounce, and that the Money so payed is to be delivered to the General and Master of the Mint, by the saids Tacks-men Collectors and their Deputies, and thereby the said General and Master are oblieged to import the stock of Bullion them­selves: Therefore it is hereby Statute and Ordained, that the saids Officers shall be oblieged to Coin the said Bullion so im­ported by them, and to make the same pass His Majesties Irons, and that the saids Officers be controled by their Letters of re­ceipt of the saids sums of Money granted by them, to the saids Tacks-men, Collectors and their Deputies. And it is hereby Declared, That the foresaids whole Commodities imported after the foresaid day, shall be liable to the several proportions of Bullion above specified, notwithstanding of any Act or Acts of Parliament formerly 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 payment of Bullion imposed upon the import­ed Goods foresaids, in manner abovementioned.

IX ACT concerning Prescriptions.
December 8. 1669.

OUR Soveraign Lord, with advice and consent of the Estates of Parliament, Statutes and Ordains, That all Arrest­ments to be used hereafter upon De­creets, registrate Bonds, Dispositions or Contracts, not pursued and insisted on within five years after the laying on thereof, shall after that time prescrive, And that all Arrestments already used upon the ground aforesaid, shall pre­serive within five years after the date hereof. And that all Ar­restments, used or to be used upon dependance of Actions, shall likewayes prescrive within five years after Sentence is obtained in the saids Actions, if the saids Arrestments be not pursued or insisted on within that time, And likewayes, His Majesty, with advice foresaid, Statutes and Ordains, That Ministers Stipends and Multars not pursued for within five years after the same are due, And likewayes Mails and Duties of Tennents, not being pursued within five years after the Tennents shall remove from the Lands for which the Mails and duties are craved, shall pre­serive in all time coming: Except the saids Ministers Stipends, Multars, Mails and Duties shall be offered to be proven to be due and resting owing, by the defenders their Oaths, or by a spe­cial writ under their hands acknowledgeing what is resting owing; And that all Bargains concerning moveables or sums of money, probable by Witnesses, shall only be probable by Writ or Oath of Party, if the same be not pursued for within five years after the making of the Bargain. And further, His Majesty, withadvice and consent foresaid, Statutes and Ordains, That all Actions proceeding upon Warnings, Spuilȝies, Ejections, Arrestments, or for Ministers Stipends and others foresaid, shall prescrive within ten years, except the said Action be wakened every five years: But prejudice alwayes of any of the saids Actions, which by former Acts of Parliament are appointed to prescrive in a shorter time. And also Statutes and Ordains, That Ho­lograph missive Letters, and Holograph Bonds, and Subscrip­tions in Compt-books without Witnesses, not being pursued [Page 19]for within twenty years, shall prescrive in all time thereafter; Except the pursuer offer to prove, by the defenders Oath, the verity of the saids Holograph Bonds and Letters, and Sub­scriptions in the Compt-books. It is alwayes hereby De­clared, That Prescriptions shall not run in any of the Cases foresaid, against Minors during the years of their Minority.

X. ACT concerning Interruptions.
December 8. 1669.

OUR Soveraign Lord with advice and consent of the Estates of Parliament, Statutes and Ordains, that all Inter­ruptions, as to the Rights of Lands be citations, shall in all time hereafter be execute by Messengers at Arms, and against the defenders personally or at their dwelling places, and at the Pa­roch Churches in the time of Divine Service, or immediately after; And in case the Parties be forth of the Kingdom, at the Mercat­cross of Edinburgh, and Peer and Shore of Lieth, upon three­score dayes. And that all Citations that shall be made use of for Interruptions, whether in real or personal Rights, be re­newed every seven years, otherwayes to prescrive; Except the Parties be Minors: In which case this Act is not to be extended against them, during the years of their Minority.

XI. ACT concerning the forfeiture of persons in the late Rebellion.
December 15. 1669.

OUR Soveraign Lord and His Estates of Par­liament, having considered the Process of Trea­son, pursued and deduced at the instance of Sir John Nisbet of Dirletoun, His Majesties Ad­vocat, by Warrand and Order of His Majesties Privy Council before the Justice, against the persons after mentioned, for their treasonable rising in Armes, and being in, and having accession to, the late Rebellion in the Western Shires, in the year of our Lord, one thousand six hun­dred and sixty six; with the Libels, Interloquiturs, Probations, Depositions of Witnesses, and the verdicts of Inquests and dooms of Forfeitures proceeding their upon: Do find, that the Justice and their Assessors appointed by the Council in the said Process, in finding the said Libels to be relevant, and admitting the same to the knowledge of Inquests; and the foresaid Inquests in finding the same to be verified and proven, and in giving their verdicts and dooms of Forfeiture theirupon respectivé; Have proceeded justly and warrantably upon relevant Libels, and clear evidences and probation; And therefore, do Ratifie and Approve their Proceedings, Interloquiturs, Verdicts and respective Dooms and Sentences of Forfeiture given and pronounced by them in the said Process, viz. The Sentence and Doom of Forfeiture pro­nounced against Collonel James Wallace, Joseph Lermonth, [...] Mckclellan of Barscobe, Mr. John Welch, Mr. James Smith, Patrick Listoun in Calder, William Listoun his son, William Porterfield of Quarreltoun pronounced upon the fifteenth day of August, in the year of God, one thousand six hundred and sixty seven years; And the other Sentence and Doom of Forfeiture pronounced against William Muir of Caldwell, [...] Caldwell, eldest Son to the Good-man of Caldwell, Robert Ker of Kersland, Mr. John Cunninghame of Bedland, Alexander Porterfield, Brother to Quar­reltoun, John Maxwel of Monreith younger, [...] Mckclellan of Belmagahan, Mr. Gabriel Semple, Mr. John Crookshanks, Patrick Mcknaught in Cumnock, upon the sixteenth day of August, in the [Page 21]said year of God, one thousand six hundred and sixty seven years? And Decerns and Ordains the saids Process and Dooms and Sen­tences of Forfeiture foresaid, to be valid and effectual to all in­tents and purposes, notwithstanding that the saids persons found guilty and convicted of the crimes foresaid, did not compear in the saids Process; And Declares, that the said Sentence and Dooms of Forfeiture shall be of als great force and strength, as if the saids p [...]rsons had compeared, or the same had been pro­nounced in Parliament. And His Majesty with consent foresaid, doth Approve His said Advocats service in the said affair. And in respect it were against reason and justice, that when any person or pe [...]sons are accused of high Treason, for rising in Armes against His Majesty, or His Authority, when they are cited to underly the Law before the Justice, if they do not appear, that their ab­sence and contumacy, which ought to be an aggravation, if any can be, of so high and horrid a crime, should be of any advantage to them: Therefore, His Majesty, with consent foresaid, doth Statute and Ordain, that in time coming in all such cases of treason­able rising in Armes, and open and manifest Rebellion against His Majesty or His Successors and their Authority, His Majesties Ad­vocat for the time, may and ought to insist against, and prosecute such persons as he shall be ordered by His Majesty or His Privy Council to pursue: And if they be cited and do not appear, the Justice notwithstanding of their absence, may and ought to pro­ceed to consider, and give their Interloquiturs upon the Libel; and if it be sound relevant, to admit the same to the knowledge of an Assize, and upon the verdict of the Inquest, finding the same to be proven, the Doom and Sentence of Forfeiture ought to proceed, and be given and pronounced in the same manner, as if the persons accused had compeared and were present. And His Majesty, with consent foresaid, doth remit to the Justice General, Justice-Clerk or Justice-Deputes, the Summons and Process of Treason, intended at the instance of His Majesties Advocat, againist certain persons therein mentioned, for their accession to the said Rebellion, and depending before His Majesty and the Estates: With power to them to proceed, notwithstanding of the absence of the saids persons; And if the saids Summones be found relevant and proven by the verdict of Inquest, to pronounce the Sentence and Doom of Forfeiture thereupon.

XII. ACT concerning the Excise and Customes.
December 15. 1669.

FOrasmuch as many debates, questions and inextri­cable difficulties do and may arise, in levying and inbringing of the Excise, imposed by the four­teenth Act of the first Session of His Majesties first Parliament, to the great prejudice of His Majesty, and of the Trade of this Kingdom: Therefore, and for preventing and clearing of the same, and to the effect, the said Excise may be more orderly and easily levyed and collected, His Majesty, with advice and consent of His Estates of Parliament, Statutes and Orda [...]ns, That notwithstanding the said Excise is due and payable by the Retailers, yet the Importers shall be layable for the same in time coming, at the rates contained in the said Act, for Wines of all sorts, Vinegar and Salt, as they are particularly exprest there­in, and that under the provisions after-specified: To wit, that what shall not be payed by the Retailers, shall be compleatly made up by the Importers, within twelve Moneths after the importation thereof, for which they are to give sufficient secu­rity to the Farmers or Collectors of His Majesties Excise, at the entry of the saids Wines, which are to be according as they shall be loaded at the Port from whence they came; And for the said Importers, their greater case and encouragement, His Ma­jesty, with consent foresaid, doth Statute and Ordain, that the Collectors or Farmers of His Majesties Excise in all time com­ing, shall grant abatement to the said Importers of the fourth part of the said Excise duties of all Wines and Vinegar import­ed and entred by them, in consideration and upon the account of leckage and decayed Wines, and other hazards and inconve­niencies. And further, It is Statute and Ordained, for the en­couragement and greater ease and advantage of Trade and Mer­chants, that the Importers of all other Goods and Commodities, except what is excepted from the duties of Excise by the fore­said Act of Parliament, shall pay the Excise thereof, according to the Books of Rates for His Majesties Customs, and as the saids Commodities are and shall be valued and rated in the same; And if any of the saids Commodities be not contained in the Books of Rates, the Excise of the same is declared to be five per­cent. [Page 11]according to the value of the said Goods; And the Excise of the said Commodities is to be payed at the entring of the same in the Excise-office, unless the said Excise-duty exceed the sum of one hundred Marks Scots; in which case, the said Importers shall be obliedged to give sufficient security for payment of the said Excise-duty, within six Moneths after the entring of the same; they making it alwayes evident, that no Merchant shall make entry of any Goods, but what properly belongs to himself. And for further encouragment of Trade and Traffick, It is Statute and Ordained, that all Goods and Merchandise whatsoever im­ported, and which shall be instructed to be really exported, within twelve Moneths after the entring thereof, shal be free of Excise; and in case of payment thereof, the same shall be repayed at the exportation of the said Commodities, the Importers al­wayes making faith, that the Commodities exported, are the same which were imported and entred; and in case bond of security hath been given for the Excise of the said Commodities, the same shall be returned unregistrat, or discharged if the same be regi­strat. And for the regulating of the Excise of Salt, and the better levying and inbringing of the same, His Majesty, with con­sent foresaid, Statutes and Ordains, that the Importers of forraign Salt of all sorts, at their entring of the same at the Excise-office, shall give sufficient security for payment of the Excise thereof conform to the Rates contained in the foresaid fourteenth Act, and that the Importers shall be oblieged by the said security, to pay the saids respective Excise-duties, for such parcels of the said Salt as shall be ratailed, when and as the same shall happen to be retailed, and to pay compleatly the whole Excise of the said Salt, within twelve Moneths after the entring thereof, and that whe­ther the said Salt hath been expended and imployed upon the cureing of Fishes or not; Providing alwayes, their be abated and allowed to them, the Excise of all Salt that shall happen to be cast away at Sea; And likewise, the Excise of Salt expended upon Fishes, that may happen to be cast away betwixt one Port and another, before the same be entred, to be exported out of this Kingdom, the wrak and quantities of the Salt or Fishes lost thereby, being alwayes sufficiently instructed. And further, it is Ordained, that all In-land Salt consumed within this Kingdom, whether the same be expended upon Fishes or imployed other­wise, shall be lyable to the duty of Excise, exprest in the said Act, which shall be payed by the first buyer thereof, and that before it be carried from the Salt-pans where it is bought; And albeit it be provided in manner foresaid, that the Excise-duties respective above-mentioned, should be payed for Forraign and In-land Salt, whether the same be imployed upon Fishes or other­wise, and that in respect of the great difficulties, to clear and make appear what Salt is imployed upon Fishes or not, and that [Page 24]His Majesty may be prejudged of the Excise of Salt, upon ground­less pretences, that the same hath been, or is to be imployed upon Fishes; Yet, nevertheless, His Majesty being most willing to give all due encouragement to the Trade of Fishing, and that whatsoever Salt shall be imployed and expended in order to the said Trade, and upon the cureing of Fishes to be exported, shall in effect be free of Excise; and upon, and after mature and exact consideration of the quantity of Sait, necessary and sufficient for each Last of Herring and White-fish of any kind, and of each Last of Salmond, and what the Excise of the same Salt respectivé will amount to, finding that the Excise of the Salt of the Last of Herring and White-fish, will amount to the sum of ten pounds four shillings Scots, and that the Excise of the Salt of each Last of Salmond, will amount to the sum of twelve pounds, money foresaid. His Majesty, with consent foresaid, Statutes and Or­dains, that there shall be no Custom exacted at the exportation of the saids Herring and White-fish, and that whatever the fore­said ten pounds four shillings of Excise, shall exceed the Custom payable for the saids Herring and White-fish, at the exportation thereof, shall be duly and timeously payed to the Merchant ex­porters, without any delay, reward or abatement for each Last of Herring and White-fish of any kind whatsoever that shall be exported out of this Kingdom: And that the foresaid sum of twelve pounds, for the Excise of the Salt of each Last of Sal­mond, at the entry and exportation shall be payed to the Here­tors, Life-renters and others, from whom the Marchant export­ers bought these Salmond, they alwayes producing Certificates from the respective Heretors and others, making up the just quantities contained in their Entries; upon which Certificate, the foresaid sum of twelve pounds is to be payed, to the Heretors and others from whom these Salmond were bought, or to any haveing their warrant to receive the same; which sums respectivé above-written, for the Herring, White-fish and Salmond, are to be payed in mannor above-specified, by the Collectors at the re­spective Ports where the same shall be entered, for whom, the Farmers and principal Collectors of the Excise are to be answer­able and careful that the same shall be punctually payed; and in case of not punctual payment, they shall be lyable for the parties damage; providing alwayes, that the said Herring, White-fishes and Salmond, be duly entered in the Excise-office, and the ex­portation thereof sufficiently instructed to the Collectors, so as they may certifie the same under their hands. Likeas, His Ma­jesty, with advice foresaid, doth inhibite and discharge the Col­lectors or Farmers of Excise upon any pretext, to give any ease or abatement of the fourty shillings Scots imposed by the foresaid fourteen Act, upon ilk Bool of forraign Bay-salt, Linlithgow-measure, imported into this Kingdom: Certifying them, if they [Page 25]contraveen, the saids Collectors shal suffer deprivation of their Office, and the saids Farmers shall loose the benefit of their Tack of the Excise, and shall be further lyable to the payment of such fines and penalties, as the Lords of Exchequer shall think fit to inflict. And for the better inbringing of the Excise of the said In-land Salt, it is Ordained, that all Owners of Salt-pans and their Greeves, shall be obliged to exhibite and produce to the Collectors or Farmers of Excise or their Deputies, when they shall be required, their Compt-book of all Salt sold, to be perused by them, and returned within the space of twenty four hours, to the effect, it may be known what Salt is consumed, and that the Excise of the same is duely payed, whereupon they are to make faith, if they be required, and that they have sold nor disposed upon no more nor is contained in the said Books; And sicklike, the Saltars of every Salt-pan shall be oblieged to give an account to the Collectors of the said Excise of the Salt appertaining to them any manner of way, and what they have sold of the same, and to instruct, that the same hath been duely entred in the Excise-office, and that the Excise duty of the same hath been payed, whereupon, and that they have sold no more but what hath been duely entred, they are Ordained to make faith if they be required; It is al­wayes provided, that where Excise-offices are in the Town or place where the Salt is made, the Salt-masters, their Greeves or Salters, shall be holden to repair to the Excise-office, to the effect foresaid, if they be required; but if there be no Excise-office in these places, the Collectors or Farmers of Ex­cise or their Deputies are appointed to conveen them at the respective Salt Girnals, or Salt-pans where the Salt is made, and the saids persons shall not be oblieged to go any further. And in like manner, His Majesty considering, that divers questions and debates may arise, anent the interpretation of several Acts and Priviledges made and granted in favours of Manufactories, for immunity and exemption from the Excise or Custom of certain Goods, which are the Materials of the said Manufactories; Doth hereby, with consent foresaid, Statute, Ordain and Declare, That no Manufactory shall have the be­nefit thereof, excepting such as shall be, or hath been law­fully erected since the first day of January, one thousand six hundred sixty one years, and shall be found by the Lords of His Majesties Exchequer to have been, or to be erected con­form to the Acts of Parliament, and to have the qualifications required by the same. And further, His Majesty understand­ing, that if after so large expressions of his Majesties Royal care and tenderness for the advancement of Trade and ease of Merchants, any shall be so unfaithful as to persume to conceal and abstract the Goods imported by them, thereby evading [Page 26]the payment of the Custom and Excise due and payable to His Majesty; not only His Majesty will be prejudged of His Custom and Excise, but also the Trade of Merchandise will be much endamaged by the said Merchants their underselling others, who do honestly make true entries of their Goods, and pay the duties of Custom and Excise. Therefore, for preventing of the said prejudice and abuse, His Majesty, with consent foresaid, doth give power and warrand to the Collectors of Custom and Excise, or to their Deputies, to call and pursue such persons who shall wilfully and wickedly conceal and ab­stract their Goods, or any part thereof, and not duly enter the same, or who shall be accessory, or any wayes aiding and assisting to the concealing or abstracting thereof; and that be­fore the Lords of His Majecties Exchequer, if the saids persons dwell and reside within twelve miles of the place where the saids Lords shall happen to sit for the time, or in their option, before any other competent Judge: And in case the saids persons live at farther distance, it shall be lawful to the said Collectors or Farmers, or their Deputies, to pursue them before the She­riffs, Stewarts of Stewartries, or Bailiffs of Regalities, Magi­strates of Burghs, or any other competent Judges, who are hereby required to take due and speedy tryal of the premisses, and to admit probation thereof by writ, witness, oath of party or otherwise according to Law, any Act or Acts of Parliament, or Clauses therein contained to the contrary thereof notwith­standing. And to the end, that His Majesties Lieges and Mer­chants, upon the occasion and pretence foresaid, be not unjust­ly molested and troubled, It is Ordained, that the saids Process and Pursutes shall be intended within three Moneths af­ter the fraudful abstracting and imbezleing foresaid; and that these at whose instance they shall be pursued, shall be oblieged to give their oaths de calumnia, if thereto required, that the saids pursutes are not intended of malice, but upon credible information, and that they have just reason to pursue, as they conceive. And in case any Merchant, Skipper, Mate or Marri­ner, or other person shall be found guilty of, or accessory to, the said imbezeling, in concealing or abstracting any Goods which ought and should have been entered; It is Statute and Ordained, that the said delinquents shall be imprisoned for the space of twenty four hours, and untill they make payment of the full price and value of the Goods which shall be found to have been abstracted by them, and shall be further fined by the Lords of His Majesties Exchequer, as they shall see cause. And in case any Goods shall be found and seised, upon account that they were concealed and not duly entered, they shall not only be detained and confiscate without redemption, but also the Owners of the said Goods, and all others who shall be found [Page 27]to be accessory or aiding to the concealing or abstracting of the same, shall be imprisoned for the space of twenty four hours, and such fines and other punishment shall be imposed and in­flicted upon them, as the Lords of Exchequer shall appoint. And that the Collectors of His Majesties Customs and Excise and their Deputies, at the making their accounts of their intromis­sion with the Custom and Excise-duties, shall be holden and obliged to give their oaths upon the truth of these accounts to be given in by them. And it is provided and declared by His Ma­jesty, with consent foresaid, that the foresaid Act of His Ma­jesties first Parliament, whereby the Excise is imposed, shall stand, and is and shall be of full force; except in so far as the same is altered, innovat, qualified and taken away in manner above-mentioned.

XIII. ACT for annexation of Orknay and Zet­land to the Crown
December 17. 1669.

FOrasmuch as the Isles of Orknay and Zetland are a great and so considerable a part of this His Majesties ancient Kingdom, that for divers Ages they were the occasion of much trouble and expense of blood and money, for maintaining thereof against the invasion of Forraigners, and recovering the same out of their hands by Arms and Treaties; And the saids Isles being of a great and large extent of bounds, and so remote and at such a distance from the ordinary seat of Just­ice and Judicatories, that the Inhabitants within the same are not able to travel in the winter season; and at other times can­not, without great trouble and expenses, repair to the said Judi­catories to complain when they are oppressed and grieved. It is not only fit in order to His Majesties Interest, but will be the great advantage of His Majesties Subjects dwelling there, that with­out interposing any other Lord or Superior betwixt His Majesty and them, they should have an immediate dependance upon His Majesty and His Officers, being their great security against For­raign attempts and oppression at home. And seing it is most expedient and necessar, that a publick Patrimony and certain Revenue in Lands, Lordships and others, should be settled upon, and annexed unto His Majesties Crown, for supporting of His Royal Estate and Government, and the great and necessar charges of the same, which if not defrayed out of His Majesties own Property and Revenue, would unavoidably ly, and be a heavy burden upon His Majesties Lieges: And to that purpose, divers Acts of Annexation have been made from time to time, and in specialy the Earldom of Orknay and Lordship of Zetland, with the pertinents of the same, were annexed to the Crown in the years, one thousand five hundred and forty, and one thousand six hun­dred and twelve, respective. And yet, importunity prevailing with His Majesty and His Royal Father, their goodness and inclination to gratifie their Subjects, they have been induced to give away and part with so great a Jewel of their Crown, and to dispone and grant Rights of the said Earldom and Lordship; which being found to be to the great prejudice of His Majesty, His Crown and Subjects, and contrary to the Laws and Acts of Parliament of [Page 29]this Kingdom, by a Decreet of the Lords of Session, obtained upon the twenty fifth day of February last by-past, at the instance of Sir John Nisbet of Dirletoun Knight, His Majesties Advocat, for His Majesties interest, against William Earl of Morton, Charles Lord Dalkeith his son, George Viscount of Grandistoun, and cer­tain other persons therein mentioned; the saids Lords by their Decreet foresaid, have reduced the Contracts, Dispositions, In­feftments, Acts of dissolution, and other Rights therein men­tioned, made and granted by His Majesty and his Royal Father, to, and in favours of, the diseased William Earl of Morton, Grandfather to William now Earl of Mortoun, and the said George Viscount of Grandistoun, of the said Earldom of Orknay and Lordship of Zetland, with the Rights also therein mentioned de­pending thereupon: And the saids Lords have found and de­clared, that His Majesty hath good and undoubted Right to the said Earldom and Lordship, as His annexed property, for the reasons therein contained; as the said Decreet at length proports. Therefore, His Majesty, with advice and consent of the Estates of Parliament, doth Ratifie and Confirm the said Decreet, and Or­dains the same to be of full force, strength and effect in all time coming; holding and willing this their Ratification to be alssuf­ficient and effectual, as if the said Decreet and whole tenor of the same were insert herein. And His Majesty, following the laudable example and practice of His Royal Predecessors, doth, with consent foresaid, Ratifie the said former Annexation of the same to the Crown; and without prejudice thereof, doth of new again unite, annex and incorporate to His Crown of this His an­cient Kingdom, to remain inseparably with the same in all time coming, the said Earldom of Orknay and Lordship of Zetland, with all and sundry Isles, Holmes, Udal-lands and other Lands whatsoever, of what name and by what designation soever the same are or may be known, lying within the Sheriffdom of Ork­nay and pertaining to the said Earldom and Lordship, and belong­ing to His Majesty in manner foresaid, in Property or Superiority, or by any other Right or Title, together with all Castles, Towers, Fortalices, Milns, Multars, Fishings, Annual-rents, Reversions, Patronages of Kirks, and Teinds Parsonage and Vicarage per­taining to His Majesty within the bouds foresaid; And all and whatsoever Mines of Gold, Silver, Copper and other Minerals within the foresaid bounds, with the heretable Office of Justi­ciary, Sheriffship and Foudrie and Admiralty within the foresaid Isles, and belonging to the said Earldom and Lordship, with all other Parts, Pendicles and Pertinents, Casualities, Priviledges, Ju­riselictions, Offices and others whatsoever pertaining to the same; All which, His Majesty, with consent foresaid, doth unite and annex to His Crown, Declaring the generality foresaid to be sufficient to the intent and effect foresaid, as if each Part, Parcel, Perti­nent, [Page 30]Office, Patronage or Priviledge belonging to the said Earl­dom and Lordship were herein exprrst. And it is Statute and Declared, That the said Earldom and Lordship, Lands, Teinds, and others above-mentioned, annexed to the Crown in manner foresaid, shall remain therewith in all time coming; and that the same or any part thereof shall nor, not may be given away in Fee and Heretage, nor in Frank-tenement, Life-rent, Pension or Tack, except for the full duty which may be gotten from, and payed by the Tennents, nor by any other manner of Alienation, Right or Disposition whatsoever, to any person or persons of whatsoever estate, degree or quality they be, without advice, Decreet and Deliberation of the whole Parliament; and for great weighty and reasonable causes concerning the good, welfare and publick interest of the whole Kingdom, first to be proposed and to be advised, and maturely pondered and considered by the Estates, re integra, before any previous Grant, Right or Deed be given, made or done by His Majesty or His Successors, con­cerning the disposition of the said Earldom and Lordship or any part thereof, which may any wayes predetermine them or the Estates of Parliament, and prejudge the freedom of their De­liberation and Consent. And if at any time hereafter it shall be thought fit to dispone or grant any Right of any part of the said Earldom and Lordship, It is Declared, that the general nar­rative of good services, weighty causes and considerations shall not be sufficient; but the particular causes and considerations whereupon His Majesty and His Successors may be induced to grant, and the Estates to consent to such Rights, are to be ex­prest; that it may appear, that the same is not granted through importunity, or upon private suggestions or pretences, but for true, just and reasonable causes and considerations of publick con­cernment. And farther, it is Declared, that if any general Act of Dissolution of His Majesties property shall be made at any time hereafter; The said Earldom and Lordship, and others above-mentioned and annexed, shallnot be understood to fall or be comprehended under the same; And if the said Earldom and Lordship, or any part thereof, shall be annallied or disponed, or any Right of the same shall be granted otherwayes then is appointed and ordained in manner above-mentioned; His Ma­jesty, with consent foresaid, doth statute and declare, That all Dispositions, Infestments and other Rights of the said Earldom and Lordship, or any part thereof which shall be granted contrary to this present Act, with all Acts of dissolution and Ratification and other Acts of Parliament concerning the same, shall be from the beginning and in all time coming void and null, and of no effect: And notwithstanding thereof, that it shall be lawful to our Soveraign Lord and His Successors for the time, to take back and receive at their pleasure for their own use, without any [Page 31]Process of Law, the Lands and others above-annexed, or any part thereof which shall be annallied or disponed; and these in whose favours any such Rights and Alienations shall be made, shall be countable for, and lyable to refound and pay all profits, intromission or benefit taken, uplifted or enjoyed by them in the mean time: And it is Declared, That all other Clauses, Articles and Provisions contained in any former Act or Acts of Annex­ation to the advantage of His Majesty and His Crown, are and shall be holden as repeated and insert herein. And farther, His Majesty, with advice and consent of the Estates foresaid, hath sup­pressed the said Office of Sheriffship, and hath erected, and here­by erects a Stewartry within the bounds foresaid of the said Earl­dom and Lordship, and Isles of Orknay and Zetland, to be called in all time coming, The Stewartry of Orknay and Zetland; Or­daining the Tenents, Possessors and Inhabitants within the bounds foresaid, and other persons who were formerly answerable and lyable to the jurisdiction of Sheriffship and Foudrie above­mentioned, to be answerable to His Majesties Stewart of the said Stewartry, with all Priviledges competent to any Stewartry of His Majesties Property within this Realm. Likeas, it is Declared and Statute, that the foresaid Office of Stewartry shall not be given heretably to any person or persons and their heirs, without advice and consent of Parliament in manner above mentioned; and all Rights of the same which shall be granted otherwayes at any time hereafter, shal be from the beginning and in all time coming null and void. It is alwayes Declared, that this Act and Annexation foresaid shall not prejudge the Bishop of Orknay of his Patrimo­ny and Priviledges belonging to him, or of any part thereof; and that he and his Successors shall be in the same case as they were before the making hereof. And likewayes it is Declared, that the Annexation foresaid and the suppressing of the said Of­fice of Sheriff, and the erecting of the said Stewartry shall be with­out prejudice to his Majesties Vassals within the said Isles, of their Liberty and Priviledge to have and send Commissioners to Parliament, to represent them in the same manner as they did or might have done formerly.

XIV. ACT concerning the exportation of Corns.
December 17. 1669.

OUR Soveraign Lord considering, that by the ele­venth Act of the third Session of His Majesties late Parliament, liberty is granted to export Corns of all sorts, when they are under the prices following, viz. Ilk Boll of Wheat under twelve pounds the Boll, Beer and Barley under eight pounds the Boll, Oats and Pease under eight merks the Boll. And seeing, by reason of several Duties formerly imposed upon Corns, the exportation thereof hath been hitherto obstructed; And his Majesty being de­sirous for the good of this His ancient Kingdom, to give all due en­couragement to the export of Corns, and to remove every thing which may impede the same: Hath therefore thought fit, Like­as, His Majesty, with advice and consent of His Estates of Par­liament, doth Statute and Declare, That all Corns which shall be exported in time coming by His Majesties subjects forth of this Kingdom, shall be free, and are hereby discharged of the pay­ment of Custom, Bullion, and all other Duties whatsoever, ex­cept one Merk scots allenerly for ilk Chalder. And lest any consi­derable prejudice should thereby ensue to His Majesties Cu­stoms, it is Statute and Ordained, That the Duties after-mention­ed are and shal be imposed upon the Commodities following, viz. Ten shillings scots upon ilk Barrel of Tar, and twenty shillings scots upon ilk Tun of Iron imported into this Kingdom, and that over and above all former Impositions put thereon; and the Customers, Collectors and their deputies are hereby appointed and impowered to uplift the same accordingly. And for pre­venting any debates that may arise anent the respective prices of the Victual, when the same are under or above the rates exprest in the said Act; His Majesty, with advice foresaid, doth recom­mend to, and authorizeth the Lords of Privy Council to deter­mine the same; And Declares, that it shall be lawful to His Ma­jesties Subjects to export Corns of all sorts, unless by a Procla­mation or publick Intimation from the saids Lords of Council, they be prohibited and discharged to do the same. And Or­dains this Act to begin and take effect upon the second day of February next to come.

XIV. ACT for regulating the prices of Ale and Drinking-beer, and Maltmen.
December 23. 1669.

OUR Soveraign Lord considering that it is most agreeable to reason and equity, and of univer­sal concernment to all His Majesties Subjects, and specially to those of the meaner sort, that a due proportion be observed betwixt the price of the Boll of Beer, and the Pint and other measures of Ale and Drinking-Beer vented and sold within this Kingdom, that thereby the liberty taken by Brewars and Vintners, to exact exorbitant prices for Ale and Drinking-beer at their pleasure may be restrained. Therefore His Majesty, with advice and con­sent of His Estates of Parliament, doth recommend to, and au­thorize the Lords of His Majesties Privy Council from time to time, after consideration had of the ordinary rates of Rough-Beer and Barley for the time, to regulate and set down the prices of all Ale and Drinking-Beer, vented and sold in the se­veral Shires and Burghs of the Kingdom, as they shall think just and reasonable; And likewayes to set down a Table of propor­tion betwixt the weight and price of all Bread made of Wheat, and the price of the Boll of Wheat, in like maner as betwixt the price of the Ale and the Boll of Beer: With power to the saids Lords of Council to make and emit such Acts, Orders and Directions, in relation to the prices of Ale and Drinking-Beer, and weight and prices of Wheat-bread, and to inflict such censures, pains and penalties upon the contraveeners of these Acts and Orders as they shall think fit; and to do all other things requisite for execution of the same. And in case, after settling of the saids prices by the Lords of Council, any Brewar shall cease from, and give over their brewing or venting of Ale or Beer, His Majesty, with advice foresaid, Declares, that they shall not be permitted or allowed to brew or vent any Ale or Beer for the space of one year thereafter, and shal be further lyable to such pains and punishments, as the Lords of Council shall think fit. And further, His Majesty taking to consideration, that by the twenty ninth Act of the first Parliament of King James the sixth, Maltmen are declared to be no Craft, and dis­charged to have a Deacon; Which Act of Parliament, His [Page 34] Majesty, with advice foresaid Ratifies and Approves, and Or­dains the same to stand in full force and effect in all time coming. And that notwithstanding of the said Act, and expresly con­trair thereto, The Provost and Council of Edinburgh have, by their Act dated the eleventh of March, one thousand six hun­dred and fourty six, ranked Mastmen amongst one of their Trades and Callings, discharged any to be admitted thereto within their B [...]ony of Leith, but by their Licence, with consent of the Calling; and have constitute a Box-master amongst them, and granted liberty to them to meet and keep correspondence, pro­viding the Water-Bailiff be present with them: Therefore, His Majesty and Estates of Parliament not only Declares the said pretended Act of the Council of Edinburgh to have been null and void from the beginning, and Ordains the same to be razed out of their Registers; but discharges the said Town, or any other Burgh within the Kingdom, ever to presume to do the like again; And Ordains the said Box to be broken, and the Office of Deacon, Visitor, Box-master, or any other pretending to the like power, and the pretended Calling or Incorporation and Society of Brewars or Maltmen, to cease at Leith, and in all other Burghs, Towns and Places in the Kingdom: With certification, that if they shall be found hereafter to meet and keep correspondence amongst themselves, upon whatsoever pre­tence, either at Leith, Edinburgh, or in any other Burgh, Town or Place, ilk person so meeting shal be lyable in the penalty of five hundred Merks toties quoties, whereof the one half to be payed to the informer, he proving the same before the Council; and this by and attour such personal punishment, as the Lords of Privy Council shall think fit to inflict.

XVI. ACT for repairing High-wayes and Bridges.
December 23. 1669.

OUR Soveraign Lord considering how necessar it is for the good of the people, that High-wayes be made and maintained for ready and easie Pas­sage, Travel and Traffick through the King­dom; and that the care thereof which hath been laid upon the Justices of Peace, hath yet for the most part proven ineffectual, in regard the saids Justices have not had special Orders and Warrands for that effect. For remeid whereof, His Majesty, with advice and consent of the Estates of Parliament, Doth Appoint and Ordain the Sheriff of the Shire, and one of his Deputies, being alwayes an Heretor there­in, and the Justices of Peace in each Shire, to conveen at the head Burgh of the Shire upon the first Tuesday of May yearly, for ordering of High-wayes, Bridges and Ferries; With power to them, or major part of them that shall happen to conveen, to set down a particular List of the High-wayes, Bridges and Ferries within their bounds, and to divide the Paroches of the saids bounds as they lye most to the several High-wayes to be repaired, and as they may have the most equal burden, and to appoint such of their number or other Overseers of such parts and portions of the saids High-wayes, as are most convenient and nearest to their ordinary residence, and to nominate such of their number as they see fit, to survey and give an account of the High-wayes, Bridges and Ferries unto the rest; with power to them to ap­point Meetings from time to time, till the said Survey, List and Division of the saids High-wayes be closed: Which persons, or any one of them to whom the particular portions of the saids High-wayes shall be committed, are hereby authorized and strict­ly required, to call and conveen all Tennants and Cottars and their Servants, within the bounds appointed for their parts of the High-wayes, by publick intimation at the Paroch-Kirks upon the Sabbath day, immediatly after the first Sermon, or any other way that they shall think fit, to have in readiness Horses, Carts, Sleds, Spades, Shovels, Picks, Mattocks, and such other in­struments as shall be required, for repairing of the saids High­wayes, and to conveen at such places thereof as they shal be re­quired, and in such proportion and with such furniture as the [Page 36]saids Justices or Overseers shall appoint, and that in the most equal and proportionable way, as the saids Justices and Over­seers will be answerable. With power to them to design such of the saids persons as they find to be most skillful, to attend and direct the rest, and to appoint them fit Wages for their attend­ance; providing that the dayes they are required to work do not exceed the number of six dayes for Man and Horse yearly for the first three years, and four dayes yearly thereafter, and that they be only betwixt the Bear-seed yearly, and Hay-time or Har­vest thereafter: With power to the saids Justices or Overseers to poind the readiest Goods of the absents, for twenty shillings Scots money for the absence of ilk Man daily, and thirty shillings for the Man and Horse, without further solemnity but apprising the same upon the ground of the Land, and therewith to hire others in place of the absents; and in case the saids absents shall have no poindable Goods, to punish them in their persons as they shall see cause. Which High-wayes shall be twenty foot of measure broad at least, or broader, if the same have been so of before, and shall be so repaired, that Horses and Carts may travel Summer and Winter thereupon: and if any part of the saids High-wayes cannot well be continued as now they are, but require to be changed, the saids Justices shall appoint three of their number to visit the places where the High-wayes need to be changed, and to set down Meiths for the new Way in place thereof, and upon Oath to estimate the damage of the parties prejudged thereby, and to deliver the same to them in writing under their hands, to the effect the same may be satisfied by the whole Shire, in manner after-specified. Which Justices are Or­dained again to conveen at the head Burgh of the Shire the first Tuesday of June yearly, and thence every Tuesday from fourt­night to fourtnight, at such places as shal be by them appointed during the Moneths of June and July, for three years next en­suing, for taking account of the said several Justices and Over­seers of the respective proportions of High-way committed to them, and to fine those Justices and Overseers who shal failȝie; still increasing the saids fines till they give obedience and per­form their part, and to poind therefore upon the ground of the Lands where their Goods shall be found, without further solem­nity. With power also to the saids Justices to visit the Ferries in their Shire, and where the Ferries ly betwixt two Shires, that they correspond with the Justices of the other Shire, to the end they may appoint fit and sufficient Boats, and convenient Land­ing places; and so to regulate all things concerning the Ferries, as His Majesties Lieges may be readily and conveniently served, and at reasonable rates, and to punish all such as shall neglect or transgress the Rules set down by them to the effect foresaid.

[Page 37]And because the work of the inhabitants within the several bounds, will not be able sufficiently to repair the High-wayes and others foresaid; Therefore, His Majesty, with advice and con­sent of the said Estates, doth hereby authorize and require the whole Free-holders and Heretors of the several Shires, to con­veen at the respective head Burghs the said first Tuesday of June yearly, and to call for an accompt from the Justices of Peace of what is needful for reparation of the High-wayes and others fore­said, and what charges and expenses is requisite for promoving thereof; and for making or repairing Bridges and Ferries where they shall be found needful, and accordingly to stent the Heretors of the said Shire, comprehending the Heretors of the Burrough­lands therein, in what shall be found necessary for the effect fore­said, not exceeding ten shillings Scots upon each hundred pound of valued Rent in one year, which is to be uplifted be the saids Justices or whom they shall appoint, be poinding as said is, and imployed for the use foresaid; and of which they shall be oblieged to give an accompt to the saids Heretors at the next Michaelmas head Court yearly. Likeas, His Majesty, with con­sent foresaid, prohibits and discharges all persons whatsoever to break or abuse the saids High-wayes by plowing up any part there­of, laying stones, rubbish or dung thereon, or any way breaking or pooling the same, or turning in, or damming water thereupon; and Ordains the Conveener of the saids Justices at their meet­ing the said first Tuesday of May yearly, to take an Oath of the re­manent Justices and of the Constables, of what damage they know done to the High-wayes, Bridges or Ferries since the year preceed­ing, in any of the foresaid particulars prohibited, or any other, and by whom. Upon which, the saids Justices shall conveen the trans­gressors and in case of conviction by oath or witness, shal fine them as they shal see just, and shall poind therefore in manner foresaid, and apply the same for the use of the saids High-wayes. With power also to the said Justices, to call for an accompt of all Desti­nations and Mortifications to Bridges, Causa's, Ferries or High­wayes, and to cause the intrometters therewith, that have not applyed the same to these proper ends, to make payment there­of to such persons as they shall appoint, to be imployed to the uses for which the same were destinat. Likeas, His Majesty Or­dains the Conveener of the saids Justices to give a particular ac­compt under his hand, of what progress is made in the repara­tion of the saids High-wayes, Ferries and Bridges, upon the third Tuesday of July next to come, and so forth yearly to the Lords of His Majesties Privy Council, who are hereby impowered to grant Letters of Horning and Poinding for the effects fore­said if need be.

And further, His Majesty, with consent foresaid, gives power to the saids Lords of His Majesties Privy Council, to Ordain the [Page 38]levying of moderat Customs at Bridges, Causa's or Ferries for the building, repairing and upholding thereof, in case the saids Stent shall not be able to accomplish the same, and to appoint the endurance thereof as they shal see cause. With power also to them, that in case the saids Justices and Heretors failȝie in the performance of the things by this Act committed to them, so that the High-wayes shall not be sufficiently repaired, nor Bridges and Ferries sufficiently provided for, to take such course for making the same effectual as they shall judge expedient, and to punish the saids Heretors and Justices, as their neglect shall de­serve: With power likewayes to the saids Lords of Privy Coun­cil, to appoint and commissionat Overseers for putting the pre­misses in execution where they shall see cause; which Overseers so appointed, shall have the same power as is by this present Act committed to the Justices of Peace foresaid. And farther, His Majesty Ordains, that where laboured Land lyes upon the sides of High-wayes, the said laboured Land shall be fenced with Dike and Ditch or Hedge; yet so as neither Dike, nor Ditch, nor Hedge, nor any part thereof, be within the forementioned breadth appointed for the High-way: And in case any laboured Land so lying shal not be fenced betwixt and the first day of Au­gust, one thousand six hundred and seventy one, then and in that case, the saids Justices are hereby authorized and required to cause poind in manner foresaid, the Labourers of the said Land for four shillings Scots for each eln which shall not be so fenced after the said time, and to apply the said fines for the fencing thereof in manner foresaid. Likeas, it is hereby Declared, that whatso­ever stones, rubbish, dung or other impediments beis thrown or found lying upon the saids High-wayes, or water turned in or dammed thereupon, shall be esteemed and held as done by the Labourers of the Land next adjacent to the High-wayes where the damage is done, who shal be fined therefore be the said Just­ices and Overseers; Reserving right to the saids Labourers to call before the saids Justices any other for their relief, who have been the real actors of the skaith.

XVII. ACT anent inclosing of Ground.
December 23. 1669

WHereas by the fourty one Act of the first Session of His Majesties first Parliament, entituled, Act for planting and inclosing of Ground, It is pro­vided, that where Inclosers fall to be upon the borders of any mans Inheritance, the next ad­jacent Heretor shal be at equal pains and charges in building, ditching, and planting that Dike which divides their Inheritance. And the Estates of Parliament considering the in­conveniency and difficulty the execution of that part of the said Act may meet with, in Lands marching together where the Marches are crooked and unequal, or where any part of the bor­dering Ground is unfit or uncapable of bearing a Dike or receiv­ing a Ditch, or hinders the compleating of the Inclosure in an equal line. For remeid whereof, His Majesty, with advice and consent of the said Estates, doth Statute and Ordain, That whensoever any person intends to inclose by a Dike or Ditch up­on the March betwixt his Lands and the Lands belonging to other Heretors contiguous thereunto; it shal be leisome to him to re­quire the next Sheriffs or Bailiffs of Regalities, Stewarts of Stew­artries, Justices of peace or other Judges Ordinar, to visit the Marches alongst which the said Dike or Ditch is to be drawn, who are hereby authorized, when the said Marches are uneven or otherwayes uncapable of Ditch or Dike, to adjudge such parts of the one or other Heretors Ground, as occasion the inconveni­ency betwixt them, from the one Heretor in favours of the other, so as may be least to the prejudice of either party, and the Dike or Ditch to be made, to be in all time thereafter the common March betwixt them; and the parts so adjudged re­spective from the one to the other, being estimat to the just avail and compensed pro tanto, to decern what remains uncompensed of the price, to the party to whom the same is wanting: And it is hereby Declared, that the parts thus adjudged hinc inde, shall remain and abide with the Lands or Tennandries to which they are respective adjudged, as parts and pendicles thereof in all time coming.

XVIII. ACT anent Adjudications.
December 23. 1669

OUR Soveraign Lord taking to conside­ration, that by several Acts of Parlia­ment and constant Practick of the Kingdom, there is one years Rent of all Lands, Annual-rents or others ap­prised, due and payable to the Superior of the saids Lands and others, before he be holden to enter and infeft the Compriser; and that there is the same reason in cases of Adjudications as Ap­prisings. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Statutes, Ordains and Declares, That the Superiors of Lands, Annual-rents and others adjud­ged, shall not be holden to grant any Charter for infefting the Adjudger, till such time as he be payed and satisfied of the years Rent of the Lands and others adjudged, in the same manner as in Comprisings; And Declares, that in all cases, Ad­judications shall be in the like condition with Comprisings, as to Superiours.

XIX. ACT concerning the Confirmation and Quots of Testaments.
December 23 1669.

OUR Soveraign Lord, with advice and con­sent of the Estates of Parliament, Statutes and Ordains, That it shal be lawful to Executors, at the confirmation of the Defuncts Testament, to give up the Debts owing be the Defunct, and that the Quot be only payed for the free Geer (the Debts being always instructed) with power to the saids Executors, for instructing of the saids Debts before the Commissar the time of Confirmati­on, to cite the Creditors for production of the Bonds and In­structions of their saids Debts; and if the saids Creditors shall not produce the same, and yet shall happen thereafter to seek payment from the Executors, that then and in that case, the Creditors shall be oblieged to relieve the Executors of a pro­portion of the Quot payed by them, effeiring to the said Debt, or otherwayes to allow the same to them; And for preventing of all fraud, both the Executors and Creditors shall be holden to make faith, if required, anent the truth and reality of the saids Debts, that they were truly resting unsatisfied the time of the Defuncts decease. And likewayes, Statutes and ordains, That in all time coming, Executors Creditors be free of paying of Quot, in so far as they confirm only for Debts resting to them be the Defunct the time of his decease, and thereupon the saids Executors shall be holden to make faith, if required, not­withstanding of any Instruction produced by them. As also, the Relict confirming her self Executrix Creditrix, and for satisfying of the obliegement of her Contract of Marriage; or other Pro­vision made to her by her Husband where there was no Contract of Marriage, be also free of Quot, in so far as the Inventar ex­tends to five years purchase of the Annual-rent or Life-rent pro­vided to her; and that she shall be lyable and pay Quot for the superplus of the free Goods or Debts confirmed; And that this be extended to all other Life-renters, confirming themselves Exe­cutors Creditors. As likewayes, that poor people, not worth in heretable or moveable Estate fourty pounds Scots money, have their Confirmation past and registrat free from payment of any Quot; and for Fees of Court, that they pay only two pounds eighteen shillings Scots. And farther, it is Statute and Ordain­ed, That heretable Debts resting by the Defunct, be Infestment, Bonds or Contracts bearing obliegement to infest, be not allowed [Page 42]be the Commissars at the Confirmation, to defaulk off the Inven­tar in prejudice of the Quot, where there is an heretable Estate belonging to the Defunct to satisfie the heretable Debts, even though the saids Debts be given up by the Defunct himself or his Executor. And likewayes, it is Statute and Ordained, that Commissars admit of no division in Testaments, in favours and upon accompt of the Relict, where by her Contract of Marriage or otherwayes, she is secluded from all part of her Husbands move­ables; And if a bipartit or tripartit division be craved be the Executor at the confirmation upon her accompt, in that case the Procurator Fiscal shal have power to cite the Relict, for producti­on of her Contract of Marriage, or to give Oath upon her hav­ing thereof, or that by the same or any other Writ, she is secluded: And if it appear, either be the said Contract or be any other Writ, or be the Relicts Oath, that she is secluded from the third or half of the moveables, That then the Testament shall be confirmed without division upon her accompt, and the Quot payed accord­ingly; And in case there be any exception in the Relicts favours, of the Insight and Houshold-plenishing, or any part thereof, in that case deduction is only to be granted of the quot, effeiring to the proportion excepted and reserved in her favours. And last­ly, His Majesty, with advice foresaid, Statutes and Ordains, that in time coming, no Charges of Horning be given to any person, at the Procurator Fiscals instance, for giving up of Inventer, but upon a Roll of the persons names to be charged subscribed be the Commissar, and that within the space of three years after the Defuncts decease, after which time it shall not be leisome to give any such Charges of Horning for giving up of Inventer; And for the years preceeding, that they shal only charge for giv­ing up Inventer of the Goods of such Defuncts who have deceast since the year, one thousand six hundred and sixty. And Or­dains, That Letters of Caption shall not be used against any of His Majesties Lieges for not confirming of Testaments, but where the Letters of Horning have been execute against the parties per­sonally, or at their Dwelling-houses and Paroch-Kirk-doors, on a Sabbath-day after Divine Service. And Ordains the Com­missars of the respective Diocesses, to keep Circuit Courts the time of the Spring and Harvest Vacance, for confirmation of Testaments at such convenient places in ilk Presbytery, as may be most conducing to the good and ease of the Lieges; and where­unto they are to be cited personally, or at their Dwelling-places and Paroch-Kirks as said is, to the end and effect foresaid: With certification, that if the Commissar, Commissar-clerk, Procura­tor Fiscal, or any other Member of Court, contraveen this Act, the contraveener shall suffer deprivation of his Office, and never be re-admitted thereto again, beside satisfaction to the party grieved, of any damage sustained by him there-through.

XX. ACT for in-bringing of publick Dues from the Northern Shires.
December 23. 1669

OUR Soveraign Lord considering, that divers persons within the Shires of Ross, Sutherland, Caithness, Argyl, Inverness and Burghs within the same, are in arrear, and deficient in pay­ment of a considerable part of the Annuity of Excise, granted to His Majesty in the year one thousand six hundred and sixty one, the Taxation and assessment imposed by the Conventions of Estates in the years, one thousand six hun­dred and sixty five, and, one thousand six hundred and sixty six-notwithstanding of all legal diligence used for in-bringing there­of. For obtaining payment of which Arears, and for the more effectual and better payment of the said Annuity of Excise in time coming, His Majesty, with advice and consent of the Estates of Parliament, doth Statute, Ordain and Declare, That the persons deficient and in arrear of the foresaid Annuity of Excise, Taxati­on and Assessment in the said Shires, and Burghs within the same, preceeding the Moneth of November last, and who shal not pay in the same according to their respective proportions, to the Re­ceivers and Collectors thereof, betwixt and the first day of June next to come, shal be lyable in double payment of all such defi­ciency and arrear, without any manner of defaulcation. And farther Declares, that if for the future, three quarters payment of the said Annuity of Excise in the said Shires, shall happen to run in the fourth unpayed (the feast and term of Candlemas next ensuing being the first terme) Then and in that case, such Shires, Burghs and Persons therein so deficient, shall be lyable in payment of the double of the whole years Annuity of Excise, toties quoties, and all execution personal and real shall be used against them there­fore. And His Majesty and Estates of Parliament doth hereby Declare, That this present Act or any thing therein contained, shall no wayes liberate the Commissioners of Excise for the said respective Shires and Burghs, from being lyable in the single pay­ment allanerly of the said Annuity of Excise; but that they shall still stand oblieged therefore as formerly, in maner contained in the Act of Parliament made thereanent.

XXI. ACT Salvo jure cujuslibet.
December 23. 1669.

OUR Soveraign Lord taking to consideration, that there be many Acts of Ratifications and others, past and made in this Session of Parliament, in favours of particular persons, without calling or hearing of such as may be thereby concerned and prejudged: Therefore, His Majesty, with ad­vice and consent of the Estates of Parliament, Statutes and Or­dains, That all such particular Acts and Acts of Ratification past in maner foresaid, shal not prejudge any third party of their law­ful Rights, nor of their Actions and Defences competent there­upon, before the making of the said particular Acts and Acts of Ratifications; And that the Lords of Session and all other Judges within this Kingdom, shall be oblieged to judge betwixt Parties, according to their several Rights standing in their persons before the making of the saids Acts: All which are hereby exponed, and Declared to have been made, Salvo jure cujuslibet.

XVII. ACT of Adjournment.
December 23. 1669

THE Kings Majesty Declares this Parliament current, and adjourns the same to the eight of June next to come; Ordaining all the Members of Parliament to attend that day, and that there be no new Election of Commissioners from Shires or Bur­roughs, except upon the Death of some of the present Com­missioners.