ACT I. ACT ANENT THE CHOOSING OF Robert Lord Burghlie to be President in this Court and Session of Parliament, in respect of the absence of the Kings Commissioner.

THE Estates of Parliament pre­sently conveened by His Majesties speciall authoritie, Considering, that in respect of the absence of His Majesties Commissioner, they are necessitate to make choyse of one of their number to be Presi­dent in this present Session of Par­liament, And understanding the sufficiencie of Robert Lord Burghlie for that charge, They all in one voice, with one consent, did no­minate, elect and choose the said Robert Lord Burghlie, to bee President, and to proceed in this present Session and Court of Parliament, for discussing and handling of the matters to be determinat thereintill.

ACT II. ACT ANENT THE CONSTITUTION Of the Parliament, and all subsequent Parliaments.

THE Estates of Parliament presently conveened by His Majesties speciall authoritie, Considering that this present Parliament was indicted by His Ma­jestie, for ratifying of such Acts as should be con­cluded in the late Assemblie of the Kirk, for deter­mining all Civill matters, and setling all such things as may conduce to the publick good, and peace of this Kirk and Kingdome, And considering the severall complaints of this Kirk unto Parliaments from time to time, proceeding from her con­tinuall experience of prejudice and ruine, through many persons, and specially of Prelates their attempting to voyce or do any thing in name of the Kirk, without either bearing Office in the Kirk, or having commission from the Kirk, And the Acts of the late Generall Assem­blie, condemning the office of Bishops, Archbishops, and other Prelates, and the civil places and power of Kirkmen, as their voycing and ryding in Parliament; and craving the abolishing of these Acts of Parliament, which grants to the Kirk or Kirkmen vote in Parliament, to be abro­gate, as prejudiciall to her Liberties, and incompatible with her spiri­tuall nature; Considering also that there are conveened in this present Parliament, by His Majesties speciall indiction, warrant, and authori­tie, the Nobilitie, Barons, and Burgesses, the Estates of this Kingdome, who have a full and undoubted power to proceed and determine in all matters concerning the publick good of this Kingdome, and that not­withstanding of the absence of the Prelates, who by former Lawes were appointed to bee members of Parliament; And to the effect none presume to move any question there anent, The saids Estates now con­veened, as said is, have declared, and by these presents declares this present Parliament holden by the Nobilitie, Barons, and Burgesses, and their Commissioners; the true Estates of this Kingdome, to be a com­plete and perfect Parliament, and to have the famine power, authority and jurisdiction, as absolutely and fully, as any Parliament formerly hath had within this Kingdome in time by-gone; And ordaines all Par­liaments hereafter, to be so constitute, and to consist onely in all time comming, of the Noblemen, Barons, and Burgesses, as the members and three Estates of Parliament: And rescindes and annulls all former Lawes & Acts of Parliament, made in favours of whatsoever Bishops, Archbishops, Abbots, Pryors, or other Prelates or Churchmen what­soever, for their ryding, sitting, or voycing in Parliament, either as Churchmen, or the Clergie, or in name of the Church, or as represen­ting the Church, as an State or member of Parliament, by reason of their Ecclesiasticall Offices, Titles, Dignities, or Benefices, and namely, the 231. Act, Parl. 15. K. Ja. 6.1597. anent the Kirk, and specially parsons and prelates, representing the third Estate, and the 2. Act Parl. 18. K. Ja. 6.1606. anent the restitution of the estate of Bishops, and [Page 5]their representing the third Estate, with all Acts and Constituti­ons of Convention, Councell, or Session, and all practises and customes whatsoever, in so far as the same or any clause thereof, tends or may be extended to the effect foresaid, as being found and declared preju­diciall to the Libertie of this Kirk and Kingdom, and to the puritie of the true reformed Religion therein established. And prohibites all persons whatsoever, to call in question the authoritie of this present Parliament, upon whatsoever pretext, under the pain of treason.

ACT III. ACT ANENT THE CHOOSING of Committees out of every Estate.

THe Estates of Parliament presently conveened, by ver­tue of His Majesties speciall authority, Considering that there have divers questions arisen in this present Parliament, anent the freedome of the Parliament, ei­ther to choose, or not to choose Committees for Arti­cles, & when they resolve to choose anent the manner of election of them, & anent their use and power: By reason the same is not yet determined nor set down by any Acts of former Parliaments; for removing whereof, & avoyding the great prejudice which by expe­rience they find will hereby redound to this Kingdom, and to the liber­ty, freedom & dignity of the supreme Courts of Parliament, They have thought it necessary that a solid Order be set down, as wel declaring the Liberty of the Parliament, in the manner of their proceedings by them­selves alone, or by Committees for Articles, as prescribing the form and manner of the election of these Committees for Articles, and defining their use, power, and manner of proceeding to be observed in all times coming. AND THEREFORE have statute and declared, That ac­cording to the Liberty of all free Judicatories, anent their own prepara­torie Committees, all subsequent Parliaments, may according to the importance of Affairs for the time, either choose, or not choose severall Committees for Articles, as they shall think expedient, And that any subsequent Parliaments making election of Committees for Articles, to prepare matters for them, shall proceed in manner following, To wit, That these of the Noblemen, shalbe named and chosen by the Noble­men themselves, out of their number. And by the Barons Commissio­ners of Shires by themselves out of their number; And the Burgesses, Commissioners of Burrowes by themselves out of their number. The names of the which persons so named and chosen out of every Estate, (not exceeding for every Committee, the number prescribed by the Act of Parliament, 1587.) being openly read and made known to the whole Estates sitting in plain Parliament, The said Estates having re­ceived any propositions (which are ever first to bee presented to themselves) by an Act, shall authorize the said persons with power to [Page 6]treat, reason, and consult upon the expediencie or inexpediencie of such Articles allanerlie as shalbe committed and recommended unto them by the Estates, and to set down such reasons and motives, as they can devise, whereby to inforce either the passing or rejecting of the famine in Parliament, To be reported, with the said Articles, to the remanent of the said Estates assembled in Parliament, that they may deliberate and advise thereupon, and that after discussing of the reasons given in either for, or against the famine, The said Estates may ordain such of the saids Articles as they find to deserve consideration to bee formed the saids Articles to bee voyced in plain Parliament. And in case it shall happen them to omit or forget to make report to the Estates, as said is, of any of the saids Articles, with their reasons for, or against the same, It shalbe lawfull in that case to the in-givers of the saids Articles, to propone the famine again in plain Parliament, that they may there be determined and decided. And farther, to the effect that the saids Estates may be in readines to receive all Articles which shalbe given in and presented to the Parliament, and either to give answer thereunto themselves, if they shall think it expedient, or otherwise to recommend the same to the said Committee, to be digested by them, and reported, as said is. IT is thought fit and declared, That the rest of the E­states, by and beside these of the severall Committees to the Articles shalbe holden continually to sit for receiving, advising, and discus­sing of all Articles, Propositions, Overtures, and Matters shall be presented to them from the beginning of the Parliament to the clo­sure thereof. And such like, after all the saids Articles are past and discust by the saids Estates in manner foresaid, That they shall take such a competent time as they shall think requisite, according to the number and importance of the Affaires in hand, To revise and consider the fa­mine again before the day of voycing, That they may be well and ripely advised thereanent.

ACT IV. ACT ANENT THE RATIFICATION Of the Acts of the Assembly.

THE Estates of Parliament presently conveened by His Majesties speciall Authoritie, Ratifies, ap­proves and perpetually confirmes the Act of the Generall Assemblie holden at EDINBURGH in the moneth of August last by-past, made upon the seventeenth day of the said Moneth, and in the eighth Session of the said Assembly, intituled, Anent the six causes of our bygone evils; whereof the tenour followes. THE Kings Majestie having graciously declared, that it is His Royall will and pleasure, that all questions about Religion, and matters Ecclesiasticall, be determined by assemblies of the Kirk, having also by publick Proclamation indicted this Free Nationall Assembly, for setling the present distractions of this Kirk, and for establishing [Page 7]of a perfect peace against such divisions and dis-orders as have been sore displeasing to His Majestie, and grievous to all his good sub­jects. And now his Majesties Commissioner, John Earl of Traquaire, instructed and authorized with a full Commission, being present and sitting in this assembly, now fully conveened and orderly constitute in all the members thereof: according to the order of this Kirk, having at large declared His Majesties zeal to the reformed Religion, and His Royall care and tender affection to this Kirk, where His Majestie had both His Birth and Baptisme, His great displeasure at the manifold distractions and divisions of this Kirk and Kingdom, and His desires to have all our wounds perfectly cured with a faire and fatherly hand; And although in the way approven by this Kirk, tryall hath been taken in former Assemblies before, from the Kirk Registers, to our full satisfaction, yet the Commissioners Grace making particu­lar inquirie from the members of the Assembly, now solemnly convee­ned, concerning the reall and true causes of so many and great evills, at this time past, had so sore troubled the peace of this Kirk and King­dome, IT was represented to His Majesties Commissioner, by this Assembly, that, beside many other, the main and most materiall causes were, first the pressing of this Kirk by the prelates, with a Service book or book of Common prayer, without warrant or direction from the Kirk, and containing, beside the popish frame thereof, divers popish errours and ceremonies, and the seeds of manifold and grosse supersti­tions and idolatrie; With a book of Canons, without warrant or dire­ction from the Generall Assembly, establishing a tyrannicall power o­ver the Kirk, in the persons of the Bishops, and overthrowing the whole Discipline and Government of the Kirk by Assemblies; With a book of Consecration and Ordination, without warrant of authoritie Civill or Ecclesiasticall, appointing offices in the house of God, which are not warranted by the word of God, and repugnant to the Discipline and Acts of our Kirk; And with the High Commission, erected without the consent of this Kirk, subverting the jurisdiction and ordinary Judi­catories of this Kirk, and giving to persons meerly Ecclesiasticall, the power of both swords, and to persons meerly civill, the power of the keyes and kirk censures. A second cause was the Articles of Perth, viz. the observation of Festivall dayes, kneeling at the Communion, Con­firmation, Administration of the Sacraments in private places, which were brought in by a null Assembly, and are contrary to the Confessi­on of Faith, as it was meant and subscribed, Anno 1580. and diverse times since, and to the order and constitution of this Kirk. Thirdly, the change of the Government of the Kirk, from the Assemblies of the Kirk, to the persons of some Kirkmen, usurping priority and power o­ver their Brethren, by the way, and under the name of Episcopall Go­vernment, against the confession of Faith, 1580. against the order set down in the book of policie, and against the intention and constituti­ons of this Kirk from the beginning. Fourthly, the civill places and power of Kirkmen, their sitting in Session, Councell, and Exchequer, their ryding, sitting, and voycing in Parliament, and their sitting in the Bench as Justices of Peace, which according to the Constitutions of [Page 8]this Kirk, are incompatible with their spirituall function, lift them up above their Brethren in worldly pomp, and doe tend to the hinderance of the Ministerie. Fiftly, the keeping and authorizing corrupt Assem­blies at Linlithgow 1606. 1608. at Glasgow, 1610. at Aberdene 1616. at S. Andrewes 1617. at Pearth 1618. which are null and unlawfull as being called and constitute quite contrary to the order and consti­tutions of this Kirk, received and practised ever since the Reformation of Religion, and withall labouring to introduce Novations into this Kirk, against the Order and Religion established. A sixth cause is, the want of lawfull and Free Generall Assemblies, rightly constitute of Pastours, Doctours, and Elders, yearely, or oftner, pro re nata, accord­ing to the Liberty of this Kirk, expressed in the book of policie, and acknowledged in the Act of Parliament 1592. after which, the whole Assembly, in one heart and voyce, did declare, that these and such o­ther, proceeding from the neglect and breach of the Nationall Cove­nant of this Kirk and Kingdome, made anno 1580. have been indeed the true & main causes of all our evils and distractions, AND therefore or­dain, according to the Constitutions of the Generall Assemblies of this Kirk, and upon the grounds respective above-specified, That the fore­said Service-book, books of Canons, and Ordination, and the High Commission, be still rejected, That the articles of Pearth be no more practised, That Episcopall government, the civill places and power of Kirkmen, bee holden still as unlawfull in this Kirk, That the above-na­med pretented assemblies at Linlithgow 1606. 1608. at Glasgow 1610. at Aberdene 1616. at S. Andrewes 1617. at Pearth 1618. be hereafter accounted as null, and of none effect; and that for preservation of Re­ligion, and preventing all such evils in time comming, Generall Assem­blies rightly constitute, as the proper and competent Judge of all mat­ters Ecclesiasticall, hereafter be keeped yearely, and oftner pro re nata, as occasion and necessitie shall require (The necessitie of these occasio­nall Assemblies being first remonstrate to His Majestie by humble sup­plication) As also that Kirk Sessions, Presbyteries, and Synodal Assem­blies, be constitute and observed according to the Order of this Kirk; Which Act, with all and sundrie the particular heads, clauses, and ar­ticles therein contained, The Estates now conveened by His Majesties indiction, warrant and authoritie foresaid, Ratifies, approves, and con­firmes in all points, in manners as the same proports; And gives thereun­to the strength of a Law and Act of Parliament, and ordaines execu­tion to passe thereupon as effeirs; And rescindes, casses, and annulls all Acts and Decrees of Parliament and Councell formerly made, con­trair and in prejudice of the said Act, or any part thereof.

ACT V. ACT ANENT THE RATIFICATION Of the Covenant, and of the Assemblies supplication. Act of Councell, and Act of Assemblie concerning the Covenant.

THE Estates of Parliament presently conveened by his Majesties speciall authoritie, considering the sup­plication of the Generall Assembly at Edinburgh the 12. of August 1639. to his Majesties high Commissio­ner, & the Lords of His Majesties Honourable Privie Councell, and the Act of the Councell the 30. of August 1639. containing the answer of the said suppli­cation, & the Act of the said General Assembly, ordaining by their Ec­clesiasticall constitution, the subscription of the Confession of Faith & Covenant, mentioned in their Supplication; And withall, having suppli­cated His Majestie to ratifie and enjoyne the famine by His Royall au­thoritie, under all civill paines, as tending to the glorie of God, preser­vation of Religion, the Kings Majesties honour, and the perfect peace of this Kirk and Kingdome, Do ratifie and approve the said supplicati­on, Act of Councell, and Act of Assembly, and conforme thereto, Or­daines and commands the said Confession and Covenant, to be subscri­bed by all His Majesties Subjects, of what rank and qualitie soever, un­der all civill paines, And ordaines the said Supplication, Act of Coun­cell, and Act of the Assembly, with the whole Confession and Cove­nant it selfe, to bee insert and registrate in the Acts and books of Parlia­ment; And also ordaines the famine to be presented at the entrie of eve­ry Parliament, & before they proceed to any other Act, That the same bee publickly read and sworne by the whole members of Parliament, claiming voice therein, otherwise the refusers to subscribe and swear the same, shall have no place nor voice in Parliament. And such like or­daines all Judges, Magistrates, or other Officers of whatsoever place, rank or qualitie, and Ministers at their entrie, to sweare and subscribe the famine Covenant, Whereof, and of the said Supplication, Act of Councell, and Act of the Assembly, the tenour followes, &c.

ACT VI ACT RESCISSORIE.

THE Estates of Parliament presently conveened by his Maje­sties special authority, Considering that the office of Bishops and Archbishops, and all other prelates, the civil places and power of Kirkmen, as their voycing and ryding in Parlia­ment, are condemned by the Assemblies of this Kirk, And considering the severall acts and complaints of this Kirk unto Parliaments from time to time against any persons, especially of prelates their attempting to vote or doe any thing in name of the Kirk, without either bearing Office in the Kirk, or having Commission from the Kirk, with her frequent supplications to the Parliament, for dissolving of all prelacies; Considering also the petition of the Commissioners of the late Gene­ral Assembly, humbly craving the rescission of all Acts of Parliament, which grants to the Kirk or Kirkmen, of whatsoever sort allowed or disallowed, as representing her, or in her name, the priviledge of ryding & voting in parliament, as prejudicial to her liberties, and incompatible with her spirituall nature, declares that the sole & onely power and ju­risdiction within this Kirk, stands in the Kirk of God as it is now refor­med, and in the General, Provincial, Presbyterial Assemblies, with the Sessions of the Kirk, established by act of Parliament in June 1592. cap. 1140. which act the saids Estates now conveened by his Majesties spe­ciall indiction, warrant and authority, revives and renewes in the whole heads, points, and articles thereof (with this expresse declaration, that according to the last clause in the Act of the late Generall Assembly of the 17. of August, the necessitie of occasional Assemblies be first remon­strate to his Majestie by humble supplication) to stand in full strength as a perpetuall law in all time comming, notwithstanding of whatsoever acts & statutes made in the contrair thereof, in whole or in part, which the Estates conveened, as said is, casses and annuls in all time comming, and declares, that it is and shall be lawfull to the Presbyteries of this Kirk, to exact and receive from subjects of all qualities, their Oath of the Confession of Faith and Covenant, with the Subscription thereof, to examine Pedagogues of the sons of Noblemen, passing out of the Countrey, to give them Testimonials, according to former Acts of Par­liament, to give and direct admonitions, private or publick, to persons joyned in marriage for adherence, to designe manse and gleibs to mini­sters, to appoint stent-masters for reparation of Kirks and Kirk­yards, and for maintenance of the Masters of Schooles, and to stent the parochioners, conforme to the Act of parliament, to admit Mini­sters upon the presentations from the lawfull Patrons, or Jure de­voluto, which shall happen hereafter. Or unto Kirks which fall not under patronages suchlike and as freely as they did or might have done off before. And to doe all and whatsoever things which before pertained to Presbyteries, and were usurped by the prelates, And that notwithstanding of whatsoever acts or statutes made in the contrair in favours of Bishops, Archbishops, or other prelates, which the Estates [Page 21]authorized in manner foresaid, casses and annuals. And specially the E­states foresaids casses and annuls the 23. Act 1597. anent the Kirk and speciall persons and prelates voycing in Parliament, and representing the third Estate, the 2. Act 1606. anent the restitution of the state of Bishops, and their representing the third estate, the 8. Act 1607. anent the Chapter of S. Andrewes, the 6. Act. 1609. anent the Commissariats and jurisdiction given to Bishops and Archbishops, the first Act 1612. anent the ratification of the Acts of the pretended Assembly of Glas­gow, 1610. the first and second Acts 1617. anent the election of Bishops and restitution of Chapters, without prejudice alwaies to the Mini­sters, serving the cure of any emoluments allowed to them in part of their stipend, the first Act 1621. anent the ratification of the Ar­ticles of the pretended Assemby holden at Perth. And finally, the Estates foresaid, conveened by authority, rescindes and annulls all and whatsoever Acts of Parliament, Lawes, and Constitutions, in so far as they derogate, and are prejudiciall to the spirituall nature, juris­diction, discipline, and priviledges of this Kirk, or of her Generall, Provinciall, Presbyteriall Assemblies, and Kirk-sessions, and so far as they are conceived in favours of Archbishops, Bishops, Abbots, Priors, and others, Prelates or Kirkmen whatsoever, their dignity, title, pow­er, jurisdiction and estate in this Kirk and Kingdome, or in favours of the civill places and power of Kirkmen, of whatsoever sort allowed or dis-allowed, for their riding, sitting, and voycing in Parliament, either as Kirkmen, or the clergy, or in name of the Kirk, or as representing the Kirk, either in regard of their Ecclesiastick titles, offices, places, and dignities, or in regard of the temporality or spirituality of their Eccle­siastick benefices, or other pretext whatsoever, with all acts and consti­tution of convention, counsell, or session, or other Judicatory what­soever, and all practises and customes whatsoever, introduced in favours of the saids offices, titles, benefices, or persons provided thereto; And declares all persons civill or ecclesiasticall, censured, deprived, confi­ned, or banished, by vertue of whatsoever acts, decreets, or sentences, given and pronounced by the saids Archbishops and Bishops, or others their colleagues and associats in their Ecclesiasticall courts, holden by vertue of the acts foresaids, or any of them, or by vertue of the pre­tended high Commission, and all acts interponed thereto, against the persons foresaids, for not obedience of the foresaids Acts, or any of them which are now repealed, as said is, or for not acknowledging their saids courts; or for their pretended contumacy, and not compearance to answer before them, To be null, and of none avail, force, nor effect, and the foresaids persons to be restored and reponed against the same, such like as if the samine had never been given nor pronounced.

ACT VII ACT FOR PLANTING OF KIRKES Unprovided with Ministers through the Patrons default.

THE Estates of Parliament presently conveened by his Majesties speciall authority, Considering the lamentable condition of a great number of Congrega­tions, lying destitute of Ministers, since the assembly at Edinburgh, and before, by the negligence of Patrons and others, having interest, to the great prejudice of the Gospel, Therefore do require the Presbyteries, with consent of the Parochins, with all diligence to plant these vacant Kirks, which by the oversight of any Patrons whatsoever, have lyen six moneths unprovided. And ordain the Lords of Session to give forth sentences and letters in the ordinary forme, for payment of the former stipends of these Kirks, to such as the Presbyteries shall admit, or have already admitted to the office and cure of the ministery in these Kirks, with consent of the Parochins, as said is, while the samine former sti­pends of these Kirks be changed by the Lawes of the Countrey. And it is alwaies declared, that this admission, standing good for the present intrants their time, is and shalbe without prejudice to the right of patro­nage belonging to his Majesty, or to any other Kirk-patron whatsoever whensoever their Kirks shall fall to vaike.

ACT VIII. ACT ANENT ADMISSION OF Ministers to Kirks which belonged to Bishopricks.

THE Estates of Parliament presently conveened by his Majesties speciall authority, Considering that the right of patronage and power of presenting of Mini­sters to divers Kirks within this Realme, have been acclaimed and possessed by the sometime pretended Bishops and Archbishops within this Kingdome, by vertue of the 2. Act of Parliament 1606. anent the re­stitution of the estate of Bishops, or by some other right, or pretence of right, to the very great grief and prejudice of this Kirk, her just liber­ty and possession since the Reformation, by Superintendents, and the Commissioners of the Kirk before the erection of Presbyteries. And since by Presbyteries themselves, who have been respective in possessi­on, for providing and planting of all Kirks within this Kingdome, be­longing to the Bishopricks, And that even since their annexation 1587. upon the sute and calling of the Congregations and Paroches, where the Ministers were to serve in the function of the Ministerie, which is [Page 23]most evident by the 7. act of the 1. Parliament of our dearest father, in the yeare 1567. and by the assignation to Ministers of stipends, out of the thirds of benefices, and letters of horning constantly used to bee direct by deliverance of the Lords of Session upon the provisions and admissions of Ministers to the saids stipends out of the thirds of benefi­ces by Superintendents, Commissioners of the Kirk and Presbyteries respectivè without any presentation at all, both before and since the act of annexation 1587. whereby the Ministers so provided and admitted did brook and enjoy the fruits and rents assigned, and their stipends du­ring their life time, and many of them yet living doe still brook and en­joy the same. And suchlike, the foresaid priviledge and the right of the Kirk is evident by divers Acts of her Generall Assemblies made there­anent, and by her frequent grievances against the usurpation of Prelats and others, upon her said right and possession, and especially by her pro­testation against the foresaid two Acts of Parliament of King Iames the 6. his Majesties Umwhile dearest father, holden in the yeare 1606. whereby the Prelats pretended right of patronages, and advocations of Kirks, and defrauded the Kirk thereof. And now seeing the said Act of that Parliament in the yeare 1606. is rescinded, cassed, and annulled in this present Parliament, and it is most reasonable, that the Kirk be re­stored now after the abolition of the Estate of Bishops, to the wonted rights, priviledges and liberties which she had, and was in possession of before the restitution of Bishops; Therefore the saids Estates of Parlia­ment conveened, as said is, decernes, statutes and ordaines, that accor­ding to the said 7. Act of the first Parliament of the Kings Majesties Umwhile dearest father, the full power of providing of all Ministers to Kirks, which the saids pretended Bishops have been in use to provide, since the said Act of their restitution 1606. shall hereafter belong and appertaine to the Kirk: and that in all time coming, Presbyteries (who are now in place of Superintendents and Commissioners of the Kirk) within their severall jurisdictions, shall provide and admit Ministers to all these vacand Kirks, which before were acclaimed by the foresaids Bishops, by the said Act of restitution 1606. to the fruits and stipends thereof, but prejudice alwayes to any patronages of Kirks, which be­long either to the Kings Majesty, or to any Laick patron, or to any Nobleman, Baron, or Burgesse right and possession before these late troubles, and but prejudice of the interest of the paroches, according to the Acts and practise of the Kirk since the Reformation: And declares that the said provision and admission with collation and institution fol­lowing thereupon, shall be a sufficient right and title for the Intrant to possesse and enjoy the whole fruits, rents and stipends whatsoever be­longing to the Kirk, and to the Ministers serving the cure thereat. And ordaines the Lords of Session, and all other Judges competent, to give out decreets and sentences, letters conforme, horning, and inhibition, and all other executorialls upon the said provision and admission of Mi­nisters by Presbyteries, collation and institution following thereupon, suchlike as they are in use to doe upon collation and institution, follow­ing upon presentations from lawfull patrons.

ACT IX. ACT DISCHARGING THE GOING OF Salt-pans and Mylnes upon the Sabbath day.

FOrsamekle as the Estates of Parliament presently con­veened by His Majesties speciall authority, Conside­ring that GODS publick worship upon the Sabbath day is hindered, and the Sabbath day prophaned by the going of Mylnes and Salt-pans upon the Sunday; For remeed hereof, the Estates of Parliament present­ly conveened by his Majesties speciall authority, dis­charges and prohibites all Salt-pans and Mylnes within this Kingdom, from all going, grinding, making of Salt, or any wayes working upon the Sunday in any time hereafter: And ordaines the Salters, Millers, and other servants in the saids Mylnes and Salt-pans, to attend GODS publick worship every Sunday hereafter, under the paines and censures contained in the Acts of the Assembly, or other Kirk-Acts set down hereanent. To the which Acts, the saids Estates of Parliament inter­pones the civil sanction and authority of Parliament for the better exe­cution thereof.

ACT X. ACT DISCHARGING SALMOND-fishing on Sunday.

THe Estates of Parliament presently conveened by his Majesties speciall authority, Considering the great a­buse and prophanation of the Sabbath day, occasioned by the fishing of Salmond upon that day, whereby many people are with-holden from divine exercise, & are imployed in the ordinary works of their calling, or other wayes have opportunity to mis-spend their time in unlawfull actions, contrary to the Law of GOD, and Acts of this re­formed Kirk: Therefore, for remeed thereof in all time comming, in­hibites and discharges all manner of Salmond-fishing upon the Sab­bath day, under the paine to the contraveeners, to be punished as breakers of the Sabbath day, by the confiscation of the nets and fish to the behoofe of the poore.

ACT XI. ACT AGAINST PAPISTS.

THE Estates of Parliament now presently conveened by his Majesties speciall authority, ratifies and ap­proves all and whatsoever acts and statutes of Parlia­ment, Convention, or Secret Councell, made against Papists, against sayers and hearers of Masse, and a­gainst Jesuits, Seminary Priests, and against excom­municate persons for papistry, or for resetting of Jesuits and excom­municate Papists, and against the resetters of the foresaids persons, or any of them, in the whole heads and articles thereof; And specially but prejudice of the generality foresaid, ratifies and approves the Act of Parliament made by his Majesties Father of blessed memory, Parl. 13. cap. 164. and Parl. 14. cap. 193.194. and the Act made Parl. 20. cap. 5. in the whole heads and articles thereof; And declares, that wit­ting and wilfull resetting of the persons foresaids, shall be understood to be committed by these, who (after lawful intimation to be made at the head Burgh of the Shire where they dwell and make their residence for the most part, and at the market Crosse of Edinburgh, of the names of the Jesuits, Seminary Priests, and excommunicate persons for the causes foresaid) resets the persons foresaids by the space of three nights together, or three nights at several times (which is the manner of intimation prescribed by the said 13. Parl. cap. 164. and by the said Parl. 20. cap. 59. and that the persons resetters in manner foresaid, shall be lyable to the paine and punishment contained in the said Acts, without farther verifying of their notice and knowledge ex­cept the intimation foresaid. And also declares, that the saids Acts of Parliament ratified, as said is, shall comprehend not onely men, but women of all quality, and that they and their resetters shall be lyable to the paines therein contained. And such like, the Estates ratifies and approves the act of Parliament made by his Majesties Father, Parl. 16. Cap. 17. intituled Act anent non-Communicants, and ordaines every per­son non-communicant, to be lyable to the paines therein contained. And wills and ordaines all Ministers within their Parochins, and all Presbyters within their Presbyteries to take tryall and cognition of the premisses, and that as fully as the Bishops or Archbishops might have done by the foresaids acts or any of them; And abrogates the saids acts in so far as any power is thereby granted to the said Archbishops and Bishops anent the premisses.

ACT XII. ACT DISCHARGING THE ZULE VA­cance, and appointing the Session to sit downe the first of November, and rise the last of February; and thereafter to sit downe the first of June, and rise the last of July yearely.

THE Estates of Parliament present­ly conveened by his Majesties spe­ciall authoritie, Understanding that the Kirke within this Kingdome, is now purged of all superstitious ob­servation of dayes; And herewith also considering that the keeping of the Zule vacance hath not only re­lation to that superstition, and may serve to keep the famine in memo­ry, but also that the keeping of the said Zule vacance, hath interrupted the course of Justice in this King­dome, to the hinderance & heavie prejudice of the lieges therof. There­fore the saids estates have discharged, and simply discharges the fore­said Zule vacance, and all observation thereof in time comming, and rescindes and annulls all acts, statutes, warrants and ordinances what­soever, granted at any time heretofore, for keeping of the said Zule va­cance, with all custome of observation thereof, And findes and declares the famine to be extinct, voyde, and of no force nor effect in time com­ming. And ordaines the Court and Session of the Colledge of Justice, and Senatours and members thereof, to conveene and sit for the admi­nistration of Justice, without any interruption by the foresaid Zule va­cance, from the first day of November to the last day of February there­after inclusive yearely. And ordaines the saids Senatours and remanent members of the Colledge of Justice, to rise the said last day of Febru­ary, and to conveene, and sit downe againe for administration of Justice to the Lieges, the first day of June yearly, and to rise the last day of July next thereafter inclusive. And also ordaines the whole remanent Jud­ges of inferiour Courts within the Kingdome, to proceed in the admi­nistration of Justice within their severall jurisdictions, without any res­pect to the said Zule vacance, and without any interruption or vacation by the same Zule vacance, notwithstanding of any by-gone custome of observation of the said Zule vacance, seeing the famine is now discharged in manner foresaid.

ACT XIII. ACT DISCHARGING THE MUNDAY Market in Edinburgh, Jedburgh, Drumfreis, Brechin, and Glasgow.

FOrsameekle as the Estates of Par­liament presently conveened by his Majesties speciall authority, are in­formed and understand, that tra­velling upon the Sunday, and the prophanation of that day is greatly occasioned by the Markets holden weekly upon the Munday in Edin­burgh, Jedburgh, Drumfreis, Bre­chin, and Glasgow, and that the Leiges resorting from the Coun­trey to the saids Markets upon the Munday, are distracted from Gods publick worship and service upon the Sunday, and are constrained to travell all the Sunday, for keeping of the Munday Markets respective foresaids; For remeed whereof, the saids Estates of Parliament have discharged, and simply discharges all Markets upon Munday, to be any wayes keeped in the Burghs of Jedburgh, Drumfreis, and Brechin in time comming. And appoints, changes and ordaines the famine Markets which were in time by-gone keeped and holden weekly upon the Munday in the saids Burghs of Jedburgh, Drumfreis, and Brechin, to be hereafter keeped and holden in Jedburgh weekly upon Tuesday, and in Drumfreis and Brechin weekly upon Wednesday. And also the saids Estates of Parliament foresaids, discharges all Markets within the Burgh of Glasgow, to be keeped or holden hereafter upon the Munday, or selling, buying, and making Market of Horses, and other quick bestiall, Meale brought to Glasgow Market upon Munday from Burrows-townes, as Stirling, Falkirk, and other remote places, where men may not come from their owne houses in the morning to the houre of the Market with their saids Commodities. Item, the Beere-Market, and all crafts-mens work brought to be sold in Market, aswel by free as unfree persons. Item, all Market for Salt, brought from the Salt-pans upon Forth, the Market for salt Butter, keeping Cheese, and Timber of all sorts, which is brought up the river of Clide to the town of Glasgow, And ordains and appoints the Market for the parti­cular goods foresaids, to be keeped hereafter weekly within the Burgh of Glasgow upon the Wednesday. And in like manner, the saids E­states of Parliament, discharges all Market to be keeped and holden hereafter within the Burgh of Edinburgh upon the Munday, for Wool, Butter, Cheese, Skinnes, Hides, Shoone.

And generally discharges all markets in Edinburgh upon Munday of all unfree-mens work, brought in to bee sold in Edinburgh upon [Page 28]the Munday in any time hereafter, but ordaines and appoints the mar­ket of these goods and marchandise particularly and generally before rehearsed, to bee kept and holden weekly upon the Wednesday with­in the said Burgh of Edinburgh in time comming, in the same manner, and as freely in all respects, as the market thereof hath beene kept on the Munday in times bygone. And therefore ordaines the Leiges to keep and attend the saids market dayes respective before rehearsed, as the samine are now appointed to bee kept within the Burghs of Edin­burgh, Glasgow, Jedburgh, Drumfreis, and Brechin, and to resort and repaire thereto weekly as they shall have occasion, suchlike and in the same manner as they were in use to repaire to the Munday markets within the saids Burghes before the discharging thereof: And also or­dains the Magistrates of the saids Burghes, to see the markets kept and holden in their saids Burghs, upon the dayes hereby appointed, and that no markets bee kept upon the Mundayes for the goods here­by discharged in time coming. And last, the saids Estates of Parliament discharges and prohibits all markets and trysts to be kept hereafter up­on Sunday throughout all this kingdome, and discharges all the Lie­ges from all keeping thereof upon Sunday hereafter, and ordaines this Act to stand in full force as a law while the next assembly, that the in­conveniences redounding hereby to the Lieges, being represented to that Assembly, the Assembly may consider thereof, and as they finde the same sufficient, they may supplicate the next ensuing Parliament, to rescind this Act in whole, or in part, as after triall it shall be found hurtful to the Lieges.

ACT XIV. ACT FOR TAKING ORDER WITH THE Abuses committed on the Sunday by the confluence of people for hyring of shearers on Sunday.

FOrsamekle as the prophanation of the Sunday is greatly occasioned in the time of harvest by the great confluence of people to publick places; as ports, or streets of townes, and paroch Kirkes of Landward e­verie Sunday, from morning to preaching time, for hyring shearers the week following, whereof there a­riseth also sundry tumults, disorders, swearing, drin­king, and often fighting, on the Sabbath day; For remeed hereof the Estates of Parliament presently conveened by his Majesties special au­thority refers and remits the samine to be taken order with, to the Ju­stices of peace, and Kirk Sessions, where the abuse shall be committed hereafter by the coufluence of the said people and hyring of the saids shearers upon the Sunday, as said is, as the saids Justices of peace and Kirk Sessions shall find the saids abuses then to be committed, to de­serve.

ACT XV. FOR DIRECTING LETTERS OF HORNING And Caption by the Lords of Session against the excommuni­cate Prelates, and all other excommunicate persons.

THe Estates of Parliament conveened by his Majesties speciall authoritie, Considering the necessitie of revi­ving and putting in execution the 53. Act of the third Parliament of King Iames the sixth, Anent Letters of horning and caption to follow upon excommunicati­on of the Kirk after fourtie daies, Renews and revives the said Act of Parliament, and ordaines the Lords of Session to grant Letters and other Executorials against the excommunicate Prelates, and all other excommunicate persons.

ACT XVI ANENT THE LARGE DECLARATION, Or, MANIFESTO.

THe Estates of Parliament conveened by his Majesties speci­all Authoritie, Considering that the supplication of the late generall Assembly to his Majesties Commissioner, a­gainst a book called, A large Declaration, as followeth, was presented unto Us by the Commissioners of the Kirk, and recommen­ded to his Majesties Commissioner, for obtaining from his Majesties Justice and Goodnesse the desire thereof: And as the said Book was ex­amined by the appointment of the Assembly, and found to be disho­nourable to God and his true Religion, to this Kirk and Kingdome, to the Kings Majesty, and to the Marques of Hammiltoun then his Maje­sties Commissioner, and divers others persons therein, and to be full of lies, in averring known untruths, in wilfull concealing and perverting many truths, in wresting of intentions, words, and actions, as is par­ticularly contained in the censure of the book, registrate in the Registers of Assembly: So they having re-examined the same, declares their judgement to be the same there-anent: And therefore ordaines the Au­thours and Spreaders thereof to bee most severely punished according to the Lawes of this Kingdome, against liesing-makers betwixt the Kings Majesty and his Subjects, slanderers of the King and Kingdome, and raisers of sedition and discord betwixt them, that all others may be deterred from such dangerous courses, Gods honour may be vindicate, the innocencie of this Kirk and Kingdome, and his Majesties Justice and goodnesse may appeare, not onely in censuring such Malefactors, but in discouraging all such underminers of his Majesties Throne, and a­busers of his Royall Name, by prefixing the same to such scandalous and dishonourable Treatises.

ACT XVII STATUTARIE APPOINTING PARLIA­ments to be holden once every three yeare.

THe Estates of Parliament presently conveened by his Maje­sties speciall Authoritie; Considering that by reason of his Majesties ordinary residence forth of this his ancient and na­tive Kingdome, the grievances and complaints of his good Subjects cannot have so free and easie accesse to his Majesties eares, as the same may be conveniently represented to his Majesties Commissio­ners, and the Estates of Parliament from time to time, and how necessary it is that frequent Parliaments be keeped within this Kingdome for preservation of the puritie of the true Religion now by Gods provi­dence established within the same, and for the equall and impartiall ad­ministration of Justice to all his Majesties Subjects, and maintaining of peace and concord amongst them, by applying of the true and lawfull remedies to their grievances and complaints, and timous suppressing of all abuses and corruptions, which otherwayes from small beginnings will grow to great disorders, (which frequent Parliaments were conti­nually observed in this Kingdome before his Majesties Father, of hap­pie memorie, went into England;) Have statute and ordained that every three yeare, once at least a full and free Parliament shall be holden (and oftner as his Majestie shall be pleased to call them) within the bounds of this Kingdome, in the most commodious place and convenient time to be thought upon, appointed and affixed by his Majestie or his Com­missioner for the time, and the Estates of Parliament, before the ending and closing of every Parliament, and to be the last Act thereof. And the whole Estates wisheth, that as it was their happinesse to have his Maje­sties presence at all Parliaments, while the King had his residence in this Kingdome, so that his Majestie would be pleased to be present at each Parliament, and they humbly supplicate his Majestie for that effect.

ACT XVIII. ANENT THE KEEPERS OF THE CASTLES Of Edinburgh, Striveling, and Dumbartane.

THe Estates of Parliament presently conveened by his Maje­sties speciall Authority; Considering that the commande­ment of the Castle of Edinburgh, wherein the most part of the publike Registers and Records, and the Honours of the King­dome are keeped; and siclike the commandement of the Castle of Striviling and Dumbartane, being a charge of great weight and importance, concerning as well the Kings Majesties honour and safetie, as the securitie and safetie of this whole Kingdome, ought not to be committed but to such persons, as are knowne and approved by the whole course of their life, to be true and faithfull [Page 31]Subjects to his Majesty, and trustie and well affected Countrey-men, loving, and tendering the peace, prosperitie, and good of this whole Kingdome, and the preservation and advancement of the true reformed Religion, now therein by Gods providence established and professed, and intertaining of Unitie betwixt the King and his good Subjects: Have therefore statute and ordained, and hereby statutes and ordains that the custody and keeping of the saids Castles shall be only intrusted to such persons as are natives, borne and bred within this Kingdome, known and esteemed to be of the qualitie foresaid, without exception, and who before their entrie and admission to whatsoever charge, place, or service within the said Castles, or any of them, either as Captaines, Constables, Commanders, Souldiers, or Servants within the same, shall be bound and oblisht by a solemne oath to be given and made by them, and every one of them, to make faith that they shall faithfully employ whatsoever power, charge, or service committed, or that shall be committed to them within the saids Castles, or any of them, so far as they can, or in them lyes, to the Kings Majesties honour and safetie, to the peace, safetie, good, and prosperitie of this Kingdome, and com­mon-wealth, and to the preservation and advancement of the true refor­med Religion therein presently established and professed, as they will answere to God: Like as incase it shall happen any of the persons fore­saids, to doe or attempt any thing contrarie to the premisses, or any part thereof; It is statute and declared that they shall be punished with all rigour, as Traitours and common enemies to the King and Coun­trey: And farther, That the Captaines and Commanders of the saids Castles, shall be chosen by his Majestie from time to time by advice of the Estates of Parliament, and that such as shall happen to be placed therein betwixt Parliaments, shall be first tryed and found by his Maje­sties Councell to be of the qualitie above-exprest, and shall have the charge thereof only, to the next ensuing Parliament, by the which they shall of new be tryed and allowed, or otherwise his Majestie shall place others therein by the advice of the Estates, as said is: Alwayes without prejudice of the Earle of Mar his heritable right of the keeping of the Castle of Striviling.

ACT XIX. ANENT PRODUCTION OF THE REGI­sters and Records of Parliament to the first Session of each Parliament.

THe Estates of Parliament now presently conveened by his Majesties speciall Authoritie, Considering that for the bet­ter clearing and resolving of all doubts and difficulties, which may arise in Parliaments, anent such matters as shall be brought in before them, It is very necessar that they have inspection of the Books, Registers, and Records of Parliaments, as they shall have occasion to make use thereof; Have statute and ordained that in all times comming the Clerke of Register and his Deputes, and such o­thers, who for the time shall happen to have the charge, keeping, or power of any of the saids Registers or Records, shall be holden to ex­hibite [Page 32]and produce the same, as they shall be required by the Estates in time of Parliament, that they may have the use and inspection thereof upon all occasions, as they shall thinke expedient for clearing of what­soever difficulties: And siclike that the Clerk of Register, or some ha­ving power from him, and intrusted with the keeping of the Registers, shall be present at all times, and shall be ready to give extracts to the Lieges in their particular affaires, upon their reasonable charges, and ex­penses, and both these under the paine of deprivation of the party con­traveening any of the saids members of the Acts, or to be otherwayes more mildely or severely punished, as the Parliament shall finde the fault to demerit.

ACT XX. DISCHARGING ALL PROXIES TO BE Admitted in Parliament, and that no forraine Noble-man shall have place and voice in Parliament, unlesse they have ten thousand merkes of land- rent within the Kingdome.

THe Estates of Parliament presently conveened by his Majesties speciall Authoritie, Considering how farre the dignity, honour▪ and authoritie of the high and supreme Court of Parliament, which is the great Councel of this Kingdom, hath been and is yet likely to be farther diminished & weakened by two reasons, one is, the giving of power of voicing and reasoning to Proxies and Procurators in absence of such as are als much tyed to give their personall judgement, as their personall presence, and hath all these honours, riding, sitting, reasoning, and voicing in Parliament, only onferred on them and their Successours personally; so that it is as absurd that they should give power to any, to reason or voice for them, as to give any power to ride and to sit in their place of honour, and dignitie: And it might tend to the weakning and utter overthrow of Parliaments: For thus the absence of the most part of the best qua­lified, and experienced might be supplied by Proxies granted to a few, and of lesse abilities. The other is, the granting to strangers, having titles of honour conferred on them without any other interest in this Kingdome, power of sitting, riding, reasoning, consulting, and voicing in this Court of Parliament, whereas none should be members of this Court but such as have enterest by Birth, Bloud, or Inheritance within this Kingdom, and so may be sensible of the prejudice or advantage fol­lowing the lawes and constitutions thereof: Therefore the saids Estates statutes & ordains, that hereafter all Noblemen, viz. Dukes, Marquesses, Earles, Vicounts, and Lords, shall give their personal presence in all Par­liaments, & so being personally present, reason, and advise, & voice, and no wayes by proxies or procurators: but dischargeth any such procura­tor and commissions in all time comming: and that no persons shal here­after have any place or voice in Parliament, as said is, but such Noble­men before specified; and Commissioners from Shyres and Burrows, as have enterest, either by Birth, Bloud, or by Inheritance within this [Page 33]King­dome, and that proportional to the honor and dignity they carry, which in the least proportion for every Nobleman must be ten thou­sand marks by yeare of land rent. And that notwithstanding any gifts or patents granted, or to be granted to any person whatsoever. Such­like the estates foresaid, casses and annulls all acts and constitutions any wayes derogatory to this present Act or any part thereof.

ACT XXI. ACT DISCHARGING THE GRANTING Of Protections by the Lords of Councell and Exchequer.

FOrsameekle as the Estates of Parliament presently con­veened by his Majesties speciall Authoritie, Considering the great prejudice and hurt sustained by his Majesties Highnesse lieges, by the frequent granting of Protecti­ons and Supersederes, and remembring herewithall, that his Highnesse Umwhile dearest Father of worthie memorie, by the 47. Act of his eleventh Parliament, anno 1587. intituled, All Supersederes, as contrair to the furtherance of justice, are forbidden: Of the which Act the tenour followeth. Forsameekle as our Soveraign Lord, and the Estates of this present Parliament, understanding great contempt to be done to his Highnesse Lawes, and great hurt to his lieges, by passing of Licences and Supersederes, which daily uses to be granted to such as either by themselves, or other friends, have cre­dit of his Majesty, they being at his Highnes Horne, either for causes of Treason, or not satisfying of their debts to their creditours, for not obtempering decreets and charges, Therefore our Soveraigne Lord with advice foresaid, statutes and ordaines, that no such Licences and Supersederes be granted in any time comming. And in case any happens to be purchased, declares the same to be null of the Law, and not admissable by any Judge, nor effectuall to the purchaser in any wayes, And ordaines all Judges within this Realme, to proceed and doe justice to all parties, suchlike and in the same manner, as if the saids Supersederes had never been purchased nor produced. And also by the 13. Act of his 23. Parliament, in anno 1621, intituled, Anent the discharging of Protections: Of the which Act also the tenour followes. Our Soveraigne Lord and Estates of Parliament understanding that there may sundry Protections be sought by bankrupts and others, who are adebted in great summes of money, whereby the execution due un­to the creditours by the Lawes of the Countrey against the debter may bee frustrate, to the great damage of the creditour. FOR RE­MEED whereof it is statute and ordained, that hereafter the Lords of Session shall grant no Protection from any execution due and com­petent against any man of the Law. And declares, that if any shall bee hereafter granted, the granter of the same shall be subject and lyable of the Law for the summe from the which hee hath granted Protection. [Page 34]And the saids Estates of Parliament foresaid, being carefull that the prejudices and evills incurred and sustained by his Highnesse Lieges, by the granting of the saids Protections, be helped and remeeded, Have therefore renewed, ratified, and approven, and by these presents re­newes, ratifies and approves the foresaids two particular Acts of Par­liament above mentioned, in the whole heads and clauses thereof be­fore rehearsed, conforme to the tenour of the samine, which are insert hereintill ad longum, ut supra. And ordaines the saids Acts, and every one of them to have the strength of a Law, with full force and execution, conform to the tenour thereof in all time comming, with this addition, That the certification of the foresaid last Act made in anno 1621. against the Lords of Session, shall also be extended against the Lords of Secret Councell and Exchequer; AND THEREFORE of Estates of this present Parliament statutes and ordaines, that hereafter the Lords of Privie Councell, Session, or Exchequer, shall grant no protection from any Execution, due and competent against any man of the Law, and declares, that if any shall be hereafter granted, the granter of the same shall bee subject and lyable of the Law to the Creditor for the summe, from the which he hath granted protection. And ordaines all Sheriffes, Stewarts, Bailiffs of Regalities, Provests and Bailiffs of Bur­rows, and other Officiars of Justice in all time comming, to proceed in discharge of their duty and execution of the command of our Soveraign Lords Letters, notwithstanding of any Protection or Supersedere.

ACT XXII. ACT ANENT THE EXCHEQUER, DECLARING The famine to be onely Judges to matters concer­ning the managing of the Kings Rents and Casualities.

THe Estates of Parliament now presently conveened by his Majesties speciall authority, for the explanati­on of the 18. Act of the late Parliament holden at E­dinburgh, in the moneth of June 1633. year, intituled, Anent the Exchequer, Finds, declares, statutes, and or­daines, that the validity or invalidity of Infeftments of his Highnesse property, or of any other Infeftments, may not be dis­cust nor decided in Exchequer, neither by way of Action, Exception, or Reply, but that the discussing and decision thereof, is onely proper to the Lords of Session. It is added, that the Exchequer are onely Judges to matters concerning the managing of the Kings Rents and Casualities.

ACT XXIII. IN FAVOURS OF THESE WHO HELD their lands of Arch-bishops, Bishops, or of their Chapters.

THe Estates of Parliament presently convee­ned by his Majesties special Authority; con­sidering that the Offices of Arch-bishops, Bishops, Archdeanes, Deanes, and others the members of their Chapters are now a­bolished out of this Kirke and Kingdome: And herewith also taking to their conside­ration that there is sundrie Noble-men; Gentle-men, and others within this Realme, who held their lands of the saids Archbi­shops, Bishops, Archdeanes, Deanes, and others, members of Chap­ters (who are now abolished forth of this Kirke and Kingdome, as said is) for payment of certaine yearely few dueties, and fulfilling of certain clauses irritant, and performing of other conditions contained in their Infeftments, Takes, and Rights: And who not knowing to whom they shall now pay their saids dueties, and fulfill the other conditions of their Infeftments and Rights, may be prejudged by incurring of the failȝie, and danger of the clause irritant of their saids Rights for not payment of their few and other dueties therein specified: And by the in­curring of the certification contained in the Acts of Parliament set downe anent the payment by Vassels of their few dueties to their Su­periours: The saids Estates for remeed hereof, and for eschewing of the prejudice and danger that may come hereby, Findes and declares, that these Noble-men, Gentle-men, and others who by their Infeft­ments, Takes, and Rights, are adebted in payment of few and Take dueties, or oblisht in fulfilling of any other conditions to the saids Archbishops, Bishops, Archdeanes, Deanes, or other beneficed per­sons, members of their Chapters now abolished, as said is, are not, and shall not be in mora, for not payment of their saids dueties, and not ful­filling of the other conditions of their Rights: And that the clause irri­tant of their Infestments, Takes, and other Rights shall not runne a­gainst them; Nor yet the certification of the saids Acts of Parliament militat against them, for not payment of their saids dueties, and not fulfilling of the other clause of the Rights during the intervall of time, betwixt the first day of April 1638. yeares, and sensyne, and in time coming, while order be taken by the Estates of Parliament, anent the way and manner of payment of the foresaids few and other dueties for the sayds Noble-men, Gentlemen, and others foresaids, their se­curity for the payment thereof, and while the same order so to be taken by the Estates hereanent, be publickly notified to all the Lieges, not­withstanding of any clause irritant, contained in the foresaids Infeft­ments and Rights: And notwithstanding of the certification of the Acts of Parliament set downe against these who payes not their few dueties to their Superiours.

ACT XXIIII. ANENT VASSALS OF ERECTIONS, THAT They be not subject in double payment, nor the superiours defrauded of their few dueties.

THE Estates of Parliament conveened by his Ma­jesties speciall Authoritie: Considering that where­as by the generall surrender of Kirke lands and erections, made by the Superiours and Titulars there­of, in favours of the Kings Majestie: It is specially provided, that the saids Superiours and Titulars not­withstanding their surrender foresaid, shall have right to the Few-fermes, and duties of the Vassals and Fewars of the said Kirk lands and erections, till the Kings Majesty make paiment to them of the prices of the said Few-firmes, and duties modified by the Lords, and o­thers of the Commission for surrenders and teinds. And siclike the Few­ars and Vassals of the said Kirk lands and erections, are obliged by their new infeftments under the great Seale, to pay the saids Few­fermes and duties to the Kings Majestie and His Successours: And so are lyable to double payment thereof, without remeed bee pro­vided. It is therefore statute and ordained by the saids Estates, that the saids Fewars and Vassals of Kirke lands and erections, their heirs and successours, shall bee obliged to make thankfull payment of the saids Few-fermes, and duties, and services used and wont, contained in their Infeftments and whereof the saids Superiours and Titulars have beene in possession preceding that surrender fore­said to the saids Superiours and Titulars, their heirs and successours, aye and while they get payment of the prices modified by the saids Lords, and others of the Commission foresaid: And that Letters of horning and poinding shall be granted to that effect, without prejudice alwayes to his Majestie and his Successours, of the Superiority of the saids Fewars and Vassals surrendred in manner foresaid, and without prejudice to them of their infeftments, taken to be holden of his Ma­jestie and his successours: Like as it is declared, that the saids Fewars and Vassals of Kirke lands and erections, have beene in bona fide in payment of the saids Few-fermes and dueties to the saids Superiours and Titulars of all termes by-gone, according to the provision con­tained in the said generall surrender.

ACT XXV. APPOINTING ALL GRIEVANCES TO Be given in plaine Parliament.

THE Estates of Parliament presently con­veened by his Majesties speciall Authori­ty, considering that the Act of Parliament made in Anno 1594. in the 14. Parliament of King James the 6. cap 218. whereby all matters and grievances to be given in to Parliament, are appointed to be given to his Majesties Clerk of Register, and by him presented to the Estates, Hath bred great hurt, and prejudice to the liberties, and free­dome of this Kirke and Kingdome, and Subjects thereof in time by­gone, as is evident by experience of the evils that hath flowed there­from. Therefore, the saids Estates for remeed hereof, retreats, rescinds, casses, and annuls the foresaid Act of Parliament, and declares the same to be null and of none availe, force, nor effect in all time comming: And ordaines and appoints all grievances, and other matters that are to be handled and treated of in Parliament hereafter, to be given in, and presented in open and plaine Parliament in all time comming.

ACT XXVI. FOR SUPPRESSING THE DISTINCTION Of spirituall and temporall Lords of Session.

THe Estates of Parliament presently conveened by his Majesties speciall Authority, casses, annulls, and rescinds that Article of the first Act of the fifth Par­liament holden by King James of fifth, of worthy memory, Anent the institution of the Colledge of Justice, bearing, That the Lords of Councell and Ses­sion shall be chosen halfe spirituall, halfe temporall: And decernes and ordaines the whole number to be temporall and none of them spi­rituall: And the foresaid distinction of spirituall and temporall to be supprest and forgotten in all time comming.

ACT XXVII. ACT AGAINST LIESING-MAKERS OF Whatsoever qualitie, office, place, or dignitie.

THe Estates of Parliament presently conveened by his Majesties speciall Authoritie, Considering the Ho­nour, Dignitie and Authoritie of the supreme Court of Parliament, over the Councell and Session, and all other civill Judicatories of this Kingdome, which have their origi­nall, their power and antiquitie from the Kings Majestie and the Estates of Parliament, is subordinate there­unto, and ought to be countable and censurable by them, for their a­busing of their power, to the pre­judice of the Countrey: For the weale whereof they were established, according to the twelfth Act of the second Parliament of King James 4. wherein the Kings Councell was sworn in presence of the three Estates, to give his Highnesse a true and effauld Counsell, in all matters, concerning his Majestie, and his Realme; And to bee respon­sall and accusable to the King and his Estates of their Counsell, Consi­dering also, that during his Majesties absence forth of this Kingdome, it is most necessar for the publick peace of this Kingdome, and his Ma­jesties honour, that all mis­informers, raisers, and entertainers of jealou­sies, suspitions, and divisions betwixt the King, this Kirke and King­dome, should be severely punished, and especially all bad Counsellers, who in stead of giving his Majestie a true and effauld Counsell, hath given, or will give information and counsell to the evident prejudice and ruine of the liberties of this Kirk and Kingdome, should bee ex­emplarly judged and censured by the Kings Majestie and the Estates of Parliament. Therefore they renue and revive all Acts of Parliament made against liesing makers, raisers and entertainers of jealousies, con­tentions, and divisions betwixt the Kings Majestie and this Kirk and Kingdome. And declares that no dignitie, qualitie, place, or office whatsoever shall exeeme these or any person whatsoever from the cen­sure of the said Acts.

ACT XXVIII. ANNVLLING ALL UNLAWFULL AND Unjust Proclamations made under the paine of treason, against the disobeyers.

FOrsomuch as the Estates of Parliament presently conveened by his Majesties speciall authoritie, ha­ving taken to their consideration, that there hath been diverse unjust and unlawfull Proclamations made, commanding the obedience of things unjust and un­lawfull, (tending to the overthrow and prejudice of the lawes and liberties of Kirke and Kingdome) un­der the paine of treason; As also declaring the disobeyers of these un­lawfull and unjust proclamations to be rebels and traitours, which is a­against law, equity, and reason, no triall nor declaratour of treason ha­ving proceeded against them of before: Findes and declares all these proclamations, with the pretended Acts and warrands for making and proclaiming thereof, to be null and of none availe, force, nor effect, with all that hath followed or may follow thereupon: And therefore the saids Estates of Parliament casses and annulls the foresaids preten­ded proclamations, with all the said Acts and warrands whereupon the same proceeded: And findes and declares that no person nor per­sons can be declared traitours, but either by the Parliament it selfe, and by Act and Sentence thereof, or then by the lawfull ordinar Judge, af­ter tryall, And finding that the saids persons hath contraveened, a law and Act of Parliament made under the paine of treason against the dis­obeyers and contraveenars thereof.

ACT XXIX. EXPLAINING THE PRECEDING ACTS Of Parliament made against Bands and Conventions amongst the Subjects, as also declaring the Bands and Conventi­ons made and kept since the beginning of the present troubles, to be legall and lawfull.

TOrsomuch as the Estates of Parliament presently con­veened by his Majesties speciall Authoritie, Conside­ring that by the twelfth Act of the tenth Parliament of the Kings Majesties umwhile dearest Father, of e­ternall memory, All Leagues and Bands amongst the Subjects are discharged, and by the 131. Act of the eighth [Page 40]Parliament of the Kings umwhile dearest Father, All Councels, Con­ventions or Assemblies without the Kings command or licence, are also discharged, under the paines ordained by the Acts of Parliament, against such as unlawfully convocates the Kings Lieges: And that also by sundry other preceding Statutes and Acts of Parliament made by his Majesties most noble Progenitors, the foresaid Leagues, Bands, Counsels, Conventions, and Meetings, are likewise dischar­ged. And herewith also the said Estates, taking to their consideration what was the true end and meaning for making of the foresaid Acts, & how farre the same in equitie and reason can be extended, findes and declares that the foresaid Acts and Laws particularly and generally before exprest, is not, nor cannot bee extended against any Bands, Leagues, Counsels, Conventions, Assemblies, Committees, or Meet­ings, made, holden, and kept by the Subjects, for maintenance and preservation of the Kings Majestie, the Religion, Lawes, and Liber­ties of the Kingdome, or for the publick good, eyther of Kirk or State. But the said Estates findes and declares, that all these Bands, Conventions, Committees, and other meetings made and keeped by the Estates and Subjects of this Kingdome, for the publike good of King, Kirke and State, and intended for the defence and preservation thereof since the beginning of these present troubles, are not prohibited nor discharged by the foresaids Lawes and Acts of Parliament, parti­cularly and generally before rehearsed, nor none of them. And can no wayes be understood, nor interpret to fall within the compasse of the discharge and prohibition of the foresaids Acts, and doth no wayes contraveene the same, nor none of them. And therefore the saids E­states ratifies, approves, and allowes all the saids Bands, Conventions, Committees, and other Meetings, which are, and have beene made and keeped within this Kingdome, for the defence and preservation of the Kings Majestie, the Religion, Lawes, and Liberties of this Kirke, and Kingdome, since the beginning of the present troubles thereof. And declares the same to bee lawfull and legall deeds, and that they doe no wayes contraveene the foresaids Acts of Parliament respective above mentioned, nor none of them, nor no other Law, nor constitu­tion of this Kingdome.

ACT XXX. ANENT THE WARD AND MARRIAGE OF These who shall happen to be killed in the defence of the Religion and Liberties of Kirke and Kingdome.

THe Estates of Parliament presently conveened by his Ma­jesties speciall Authority, Taking to their consideration the prejudice that may come to these Subjects, who holds their lands ward of the Kings Majesty, or of any other Supe­riour whatsoever, and shall happen to be killed in the defence and main­tenance [Page 41]of the Religion, and of the Laws and Liberties of this King­dome, during the time of the present troubles thereof, hath statute and ordained, and hereby statutes, ordaines, and declares, that the pro­fit and benefit of the ward marriage, none entresse, and reliefe falling by the decease of any of these who shall happen to be killed in manner and for the cause foresaid, with the whole commoditie that can follow upon the same, shall onely pertaine, and freely be given and disponed to the heires Relick and Bairnes, of these who shall hap­pen so to be killed as followes, viz. Where the Relicke and remanent Bairnes (by the heire) shall be found provided by the Defunct, Then in that case the whole benefite of the ward marriage, none entresse and reliefe shall solely belong to the heire. But where the Relicke and remanent Bairnes (by the heire) be's not found provided, in that case the benefite of the marriage shall onely pertaine to the heire, and the profite, commoditie, and benefite of the ward, none entresse, and reliefe shall be imployed and used for the entertainment and mainte­nance of the Relicke and Bairnes unprovided: And also for the enter­tainment of the heire, if he have no other meanes for maintenance: And what is overplus by the Relicke and Bairnes, their entertainment foresaid, ordaines the same superplus to be imployed for the provi­sion of the said remanent Bairnes, by the heire unprovided, as said is. Providing alwayes, that the saids heires, and other persons foresaids, to whom the benefite of the saids ward, marriage, none entresse, and reliefe is appointed to pertaine in manner respective before rehearsed, Be's found not to have studden against the maintenance of Religion, lawes and liberties of Kirke and Kingdome, contrair to the late Cove­nant, ratified in this present Parliament: And also the saids Estates findes and declares, that the Kings Majestie, and all other Superiours whatsoever of the saids ward, holdings, shall be altogether secluded from the benefite of the foresaid ward, marriage, none entresse, and reliefe falling by decease of their Vassals, in manner, and for the cause before rehearsed.

ACT XXXI. RATIFYING THE ACT OF THE LORDS Of Session, made for supplying of the absence of the Signet, and discharging the transporting thereof, or any o­ther Seale in time comming

THE Estates of Parliament presently conveened by his Majesties speciall Authority, Ratifies and approves the Act of the Lords of Councell and Session made at Edinburgh the penult day of March, 1639. yeares, whereof the tenour followes: The which day the Lords of Councell and Session, being petitioned by some of his [Page 42]Majesties Lieges, to provide remeed against the prejudice sustained by them through the exportation of the Signet out of this Kingdome: And thereupon taking unto their consideration the many great incon­veniences redounding to this Realme, and whole Lieges thereof: And manifestly ensuing by the transporting of the Signet, not onely from the place of residence of the saids Lords, but out with the bounds of this Kingdome into England without any reason or example: There­fore after mature deliberation, they have statute and ordained, and for remeed of the said heavie prejudice, statutes and ordaines, that all Sum­monds, Letters, Charges, Suspensions, Signators, or other Writs whatsoever, which by the law and custome of this Realme useth to passe the said Signet, shall bee presented to George Hadden, writer to the Signet, and the ordinarie price due for the Signet, consigned in his hands, to bee made forth comming to the Lord Secretarie, and his keepers of the Signet in his name, Whereupon the said George Hadden shall marke the date of the said offer, beside the waxe at the place custo­mably, bearing the date of the Signet, and write thereupon these words (marked by me according to Act and Warrant of the Lords of Session, and or­dained to be a Warrant for execution hereof, or passing through the Seals, albeit it bee not signetted) which words hee shall subscribe with his Signe and Subscription manuall: Which Summonds, Charges, Letters, Suspensions, Signators, or Writs whatsoever so dated, and subscribed by the said George Hadden, shall have the same effect in all respects, as if the Signet were affixed thereto: And the saids Lords de­clares, that the same shall be a sufficient warrant to all keepers of Seals and Registers, Messengers of Armes, Pursevants, Heraulds, or others persons whatsoever for passing of the saids writs through the Seals, execution of the saids Summonds, Letters, Charges, and Suspensions, and doing all deeds incumbent to their office, such like and as amplie and warrantablie in all respects, as if the same had past the Signet, and that aye and while the said Signet bee returned againe to Edinburgh, and the same intimate to the Lieges: The said George Hadden, al­wayes keeping and retaining the warrands, and making a minute and note thereof: And making the same, together with the prices pay­ed therefore, forth-comming to the Lord Secretarie, or others in his name by his warrand: And ordaines these presents to be intimate to all his Majesties Lieges, by publike Proclamation at the market crosse of Edinburgh to be made hereupon: And these presents for the full warrand of the whole premisses, to be enacted and recorded in their books of Sederunt. Which Act, the saids Estates not onely ratifies in manner above specified: but also ordaines the said Act to stand in full force and strength, to the effect above-written, therein specified conforme to the tenour thereof foresaid, while the [...] day of [...] 1600. and [...] yeares. And strictly inhibits and discharges all keepers of the Signet in any time hereafter, for any cause, or any pretended oc­casion whatsoever to transport or carry the Signet, or any Seale forth of this Kingdome under the pain of death, and confiscation of their moveable goods.

ACT XXXII. ACT DISCHARGING ALL CUSTOME OF Ammunition brought home to the lieges to their owne use for defence of religion and liberties of Kirk and Kingdom.

THe Estates of Parliament presently con­veened, by his Majesties speciall authori­ty, considering the priviledge and ex­emption bruiked by the Nobility and Barrons of this Kingdome, whereby they have beene exeemed from payment of all custome, for goods imported to this Kingdome, for their owne use: And there-with-all, Taking to their conside­ration that the said exemption ought more especially be enjoyed, for the armes brought home, at this time to the Nobility, Barrons, and Gentry of this Kingdome, and all others his Majesties lieges whatsoever, for their owne use, for de­fence of Religion, Liberties of this Kirke, and Kingdome, in thir times of troubles, since the yeare of God 1637. Therefore statutes and ordaines, that all sort of Ammunition whatsoever, brought into this Kingdome, since the year of God 1637. or to be brought in hereafter, during the time of thir troubles, shall be free of all customes and im­position whatsoever. And inhibites and discharges all Customers, or whatsoever receivers thereof, of exacting any custome or impo­sition for any kinde of armes or ammunition already imported, or to be imported, during the time foresaid: And of all arresting or detain­ing the saids armes and ammunition, or any goods belonging to the Merchants importers thereof, for any custome acclaimed for the same: which the Estates finds no wayes due, nor reasonable to be granted in the case foresaid.

ACT XXXIII. ACT FOR THE COMMITTEES OF ESTATES.

THe three Estates of Parliament presently conveened, ha­ving taken to their consideration the present estate of this Countrey and Kingdome, being invironed and threatned with armes, by sea and land, and great hostile preparations hatcht and prepared against the same, with­out any just ground or quarrell, whereby (as manifestly doth appeare) there is nothing lesse intended against this Church and Kingdome, nor an utter exterminion and totall destruction: So that [Page 44]the saids Estates are necessitate, and forced to put themselves in readi­nesse for a just and lawfull defence of the Religion, Laws, Lifes, Liber­ties, and Countrey: and withall considering how necessar it is for the good of the publick, weal of the Countrey, and maintenance of the ar­mies lifted, and to be up-lifted, and out-reiked both by sea and land, and for ordering, directing, and governing of the whole body of this Coun­trey, and Kingdome, That a setled, grave and solide Committee from the Estates be elected, nominate, constitute, and authorized by this present Parliament: which Committee from the Estates shall consist of a competent number, of the most able, qualified, and trustie Noble­men, Barons, and Burgesses of this Kingdome. Therefore the fore­saids Estates of Parliament now conveened, doe hereby nominate, elect, choose, and appoint the persons after specified, viz. John Earle of Rothes, James Earle of Montros, John Earle of Cassils, John Earle of Wigtoun, Charles Earle of Dumfermling, William Earle of Lothian, John Lord Lindesay, John Lord Balmerino, James Lord Couper, Robert Lord Burghly, Archbald Lord Napeir, John Lord Lower, Sir Alex­ander Gibson of Dury, Sir John Hope of Craighall, Sir John Scot of Scots­tarvet, Senators of the Colledge of Justice; Sir Thomas Nicolsone of Carnok, Sir Patrik Hepburne of Wauchton, Sir David Hume of Wedder­burne, Sir George Stirling of Kier, Sir Patrik Murray of Elibank, Sir Pa­trik Hamiltoun of Littlepreston, Sir William Cunningham of Caprin­toun, Sir William Douglas of Cavers, James Chalmers of Gadgirth, Sir Thomas Hope of Carse, [...] Drummond of Riccartoun, [...] Lesly of Forbes, Master George Dundasse of Maner, John Smyth, Ed­ward Edgar, Thomas Paterson, Richard Maxwell, Merchants, Burgesses of Edinburgh, William Hamiltoun Burges of Lithgow, Master Alexan­der Wedderburne Clerk of Dundie, George Porterfield Baliffe of Glasgow, Hew Kennidie Baliffe of Aire, John Rutherfurd Provest of Jedburgh, Master Alexander Jaffray, Burges of Aberdeene, or Master William Ore in his absence, James Sword Burges of S. Androes, and James Scot Burges of Montros, to bee Commissioners from the Estate, To whom the Estates and Body of this Present Parliament, gives, and commits full power, warrant, and commission to doe, order, direct, act, and put in execution every thing necessar, expedient, and incumbent, als­well for the preservation and maintenance of the armies, both of horse, and foot, by sea and land, as for ordering the Countrey, and whole body and inhabitants thereof, deciding of questions and de­bates, which shall happen to arise, or fall out in any businesse which shall occasion, or offer, in this Kingdome concerning the peace and quiet thereof, But prejudice of the Colledge of Justice, or any other ordinarie judicatorie within this Kingdome, lawfully established by Act of Parliament, which shall no wayes be prejudged by this com­mission, And with full power to them, to borrow, up-take, and levy moneyes for the use the publick: and to give, and prescribe orders, and directions for depursing thereof, and for any other thing requisite which may concerne the good, quiet, and peace of the Countrey, And with power to them, to call and conveene such Noble­men, Barons, Burgesses, and other countrey men, to repaire to them [Page 45]for their counsell, and assistance in any businesse which shall occurre, as they shall finde necessar and expedient, And with power to them, to give orders and directions to collectors, commissioners, and all other persons, who shall happen to be employed, or have charge or place either in the army or in the Countrey in the publick busines, in every thing which concernes their place, and charge, and to call them to an accompt als oft as they please, and to appoint Auditours for hearing, and receiving thereof, (whether of their owne number or any other they please to nominate) and with power to them, to allow and disallow, as they shall find equitable, and expedient, for what ever the saids Commissioners shall either uplift and borrow for the publick use, or shall find due, by any compts, bands, bills of ex­change, or other furnishing or debt already borrowed, and advanced for the use of the publick, either in money, victuall, or any other ne­cessar furnishing whatsoever, the same compts being fitted and found lawfull by the saids commissioners and their auditors foresaids. The saids Estates declares that what shall be found due, or resting there­of shall be a lawfull debt, and burthen, which shall burthen and affect the saids Estates, who do hereby bind and oblish them and their successors, to pay, relieve, ramburse, and defray the same: Like as the saids Estates of Parliament, doe hereby give and grant full power and warrand to the saids Commissioners from the Estate, to prescribe, in­joyne and set downe rules, and wayes, for the defrayment of the same burthens, and for payment and reliefe thereof to the creditors, and o­thers who lye, and shall lye under the burthen of the same, and that out of the readiest moneys, or other goods belonging to the publick, and Estate, or otherwayes by proportion, to impose the payment and reliefe thereof, upon the Estate, and inhabitants of the Countrey according to the rentals, rolls, and valuations of the rents of the King­dome: And for that effect to revise, comptroll, fit and allow the whole compts of the common burthens, alswell already resting, ow­ing by bands, contracts, bills of exchange, letters of credit, facto­rie compts, or otherwise, as which shall happen to be borrowed and resting, or owing hereafter: and having drawne the same to a totall summe, to cast a proportionall part thereof upon every sherifdome, presbyterie, parochin and burgh within this Kingdome, conforme to the saids valuations, And which sherifdomes, presbyteries, and burghs, shall divide the same among the particular persons, lyable therein, and that letters be direct in the ordinar manner, alswell for ingathering thereof, as for reliefe thereof, with certification, if the same or any part thereof shall not be payed, at the termes appointed, by the saids Commissioners auditors foresaids, The persons refusers, or delayers, shall not only pay anual-rent for the same, conforme to the Act of Parliament; but shall also pay ten marks for each hundreth markes failȝie, With power likewise to them, as said is, to set down wayes for exsyses to be layed on vivers for the weal of the Coun­trey, and helping to relieve the burthens thereof, and maintenance of the Armie: And with power to them to give orders, instructions, and directions to all inferiour Committees, Shires, Burghs, Presbyteries, [Page 46]Stewartries, Regalities, and others whatsoever within this Kingdome, in every thing which concernes the publick, and for the maintenance of the Armies, and other necessar imployments through the whole Kingdome, in such forme and manner as the saids Commissioners, or so many of them as are a Quorum, in manner after-specified, shall direct and appoint: And generally with full power to them to doe all and sundrie other things requisite, anent the ordering, directing, ma­naging, prosecuting, and executing of all affaires, and businesse of this Kingdome, which may or can conduce to the weale of this King­dome, or any part thereof: And which ought, and should, or shall be needfull to be done by them, for maintenance and preservation of the Religion, and liberties of this Kingdome, anent the premisses: Without prejudice alwayes of the ordinarie Judicatories, as said is. And further, with power to the saids Commissioners of Estate, to nominate and constitute Commissioners, over-seers, and all other of­ficers, as well in the Armie as in the Countrey, so oft as occasion and necessity shall require, for maintaining of the Armie in every thing necessar, and for exercising and discharging of all other things need­full for the publick, through the whole Kingdome, (without preju­dice of the generall Commissars gift) And it is hereby ordained that the forme and manner of the proceedings of the saids Commis­sioners of Estate, and the places of their residence respective, shall bee in manner after-specified, viz. There shall be two constant places of their residence, whereof the one shall be at Edinburgh, or any other convenient place, where they may most conveniently and safely sit and reside, And the other shall be constantly at the Armie, who shall keepe correspondence the one with the other, anent their pro­ceedings. And it is ordained, that there shall be twelve of every E­state for both Committees, making eighteene for every Committee; and the Quorum to be thus, viz. Three of each estate, when the E­states are full, or any seven promiscuously, when any of the Estates keepeth not, and when any of the persons nominate upon this Com­mission shall decease, it shall be leisome to the most part of the Quorum of that Estate in Edinburgh, or at the Camp respective, to appoint any other of their owne Estate in place of the person deceasing, viz, The Quorum at Edinburgh, or other-where else, to nominate the person in place of the partie inlacking of the Commission appointed to reside at Edinburgh or other-where else: And the Quorum of the Com­mittee at the Camp to nominate the person in place of the partie in­lacking of the Committee at the Camp. And it is ordained that the forenamed Commissioners divide their numbers proportionally, and with such equalitie, as neither the Armie nor the Countrey at any time shall want a competent number, to sit and reside constantly for determining of all matters incumbent to them: And what ever the foresaid Quorum of [...] persons at Edinburgh, or in the Coun­trey, or moe of them, and what ever the foresaid Quorum of [...] persons, or moe of them being at the Camp shall determine, de­cerne, and ordaine, in any cause, businesse, or debate incumbent to them, the same shall have the full strength of a valide and lawfull [Page 47]decreet and sentence, or what ever businesse, or conveniencie, shall be prescribed by the foresaids Quorums respective, or either of them, the same shall be as valide, as if it were done by the whole number; Pro­viding alwaies, that none of the saids Quorums, either these who shall reside at Edinburgh, or these who shall be with the Armie severally by themselves, shall ingage in warre with any Nation, or make ca­pitulation of agreement, without mutuall consent of the whole, at the least of both the Quorums. And because it is expedient, that the saids Commissioners of Estate have a sufficient trustie and able Clerke, for keeping of all the Records, Registers, Acts, Bands, War­rands, and other Papers whatsoever, which concerne the Pub­lick, or the saids Judicatories: And the Estates of Parliament ha­ving reall experience of the trust, qualification, and ability of Master Adam Hepburne of Humbie, for discharging of the same office and place, Therefore the saids Estates of Parliament doe hereby create, nominate, and constitute the said Master Adam Hepburne to be Clerke to the saids Commissioners of Estate, and other of them, with all Priviledges, Liberties, Casualities, Fees, and Immunities belonging thereto: With power to him to substitute Deputes, one or moe, for whom he shall be answerable: To the effect, that either he, or his Deputes, may be alwayes present: So that none of the saids Judicatories be interrupted for want of Clerkes. Which Clerke foresaid, and his De­putes, shall have the trust, charge, and keeping of all the Papers, Re­gisters, Records, and others foresaids, which concerne the Premisses, and the Acts, and Subscriptions of the said Clerk and his Substitutes, shall make as great faith as the Acts and Subscriptions, of any other Clerke within this Kingdome. The saids Commissioners and Clerks being countable to the Estates of Parliament: With power also to the saids Commissioners, or the Quorum residing at Edinburgh, or o­ther where else, to conveene the whole bodie of the Estates, when they shall finde necessity: And this Commission to endure aye and while the next meeting of Estates, either in Convention or Parlia­ment: And that the same be discharged by either of them. And it is hereby declared, That if any of these whose turne fals to be present, shall be absent, by whose neglect the businesse may be disappointed, The saids Quorums, or any of them shall enjoyne such paines and pe­nalties, either upon their persons or goods, as they shall find the saids persons of the said Committee to demerit for their absence from any of the said places respective. And because there will fall out in the camp a necessity either of treaties, consultations or publike declara­tions, to shew the reasons of the Demands and proceedings in the As­sembly and Parliament, and the prejudices against either of them, The Estates ordaines Master. Archbald Iohnstoun Procurator for the Kirk, as best acquaint with these reasons, and prejudices, to attend his Excel­lence, and to be present at all occasions with the said Committee, for their further information and clearing thereanent, with power to any of the saids Quorums to take the oathes of these who are presently ab­sent for their faithfull, dutifull, and diligent endeavours in the per­formance of their duetie in the foresaid Commission: Like as it is here­by [Page 48]by declared, that the Generall his Excellence, and other generall Of­ficers are hereby priviledged and warranted to be at the said Com­mittee, as occasion shall offer.

ACT XXXIV. ANENT THE COMMON RELIEFE.

FOrsomuch as at the Convention of the Estates, holden in Januarie 1640. years, It was voluntarily offered, that for defraying of the common charges, and for other necessars and urgent expences, every man should pay the tenth part of his yearly Rent, as well to Burgh as Land-ward, for the Cropt and yeare of God, 1639. conforme to the valuations to be made within and without Burgh respective: And for that effect did vo­luntarily oblige themselves thereunto, as the bands granted there­anent by the Heritours within the severall Presbyteries and Burghs more fully proports: Which band and whole tenour thereof, the saids Estates now conveened in Parliament, ratifies and approves in all points as the same is conceived, as well anent the payment of the said tenth part, as anent the retention of the proportionall part of the annuall Rent in manner therein exprest: And sicklike, in respect that the burdens of the common charges daily increaseth, and that the Heritours to Land-ward, and Burgesses within Burghs beare the same, conforme to their rents, trade, house-mails, and others, where­by yearly profit and commoditie ariseth, without respect to their mo­neys: Therefore it is ordained, that the moneys or annuall rent, or life-rent shall beare an equall and proportionall burden with the said rents, trade, and house-mails by way of retention, as well for the foresaid tenth part, as in all other burdens, the Countrey is, or shall bee put unto by generall order, and the termes of retention to be conforme to the termes of payment of the said tenth part, or of any other burden imposed, or to be imposed upon the said rents, trade, or others foresaid, after the proportion thereof shall bee determined by the Commissioners, Auditours of the accompts of the common bur­dens, appointed for that effect, untill which time no debtours shall have power to retaine any part or portion of his annuall rent or life-rent further then the said tenth part for the crop and year 1639. allanerly. And because the present expedition, or any other ex­pedition hereafter requires advancement by the Heritours and Burghs, of the two part of the foote-men and horse-men their pay con­forme to the rents and valuations of each Shire and Burgh which will bee only in some Sherifdomes and Burghs: And to the effect that the burden may bee equall through the whole Kingdome: Therefore it is ordained, that the said advancement and provision shall be put in compt by the Shire, Burgh, Regiment, or Company, who shall send out their men in the said expedition, or in any other ex­pedition or service necessar, as the Councell of Estate and Generall shall [Page 49]command, and the saids accompts, to bee given in to the saids Com­missioners Auditors thereof, who shall have power to comptroll, fit, or allow the same: Which compts being so fitted and allowed, shall be a part of the common burthen to bee rambursed and allowed to the advancers thereof: And because a great part of the Presbyteries and burghs of this Kingdome have not as yet reported their valuations perfectly and rightly, done conforme to the generall order: Therefore it is ordained, that all the presbyteries and burghs within this King­dome, who have not as yet made report of their saids valuations in forme and manner above-specified, shall report the same betwixt and the twenty day of June instant, be-south Tay, and betwixt and the first day of July next to come be-north Tay, and that either under the hands and subscriptions of the sworne men, appointed within each presbyterie, testifying the same to bee true upon their conscience and credit according to their knowledge after the most exact and true in­formations they could get, or otherwayes, under the hands of the he­ritors or magistrates, upon their consciences, and credit: or last, by the subscriptions of the heritors and magistrates their hands, but with this caveat, that what is concealed of land, rent, trade or other rent (where­by profit or commodity ariseth, or did arise the sayd yeare) the whole rent thereof, or the equivalent and availe of the same, shall bee confiscate to the publick use, and the generall collector appointed to uplift and receave the same, and if need bee, to pursue therefore. And (that no subterfuge and concealment be used in valuations) it is ap­pointed, that all land, trade, shipping, salmond-fishing, and other year­ly commodity whatsoever, whereby profit did arise the sayd yeare, shall bee fully and truely given up without partiality, as the up-givers will either bee answerable on their consciences, or the heritors upon the hazard of confiscation. And likewise it is ordained, that all money whatsoever, which payes annuall rent to any person not lyable in the foresaid contribution, shall pay a proportionable part of their sayd an­nuall rent to the publick use, as the same shall be imposed, aswell for the said tenth part as for the burthens hereafter to be imposed: And for that effect, the valuers to take particular notice of such summes, and in case a­ny delay or refuse, to send in their saids valuations to the Clerk of the same at Edinburgh, betwixt and the saids dayes respective, in that case it is declared, that the delayers or refusers shall bee esteemed and valued conforme to their retoures or otherwayes, as the Committee at Edin­burgh shall thinke fit, and a proportion layed on accordingly, which they shall be holden to pay without any deduction or favour in time comming: And such like for in-bringing of the monys, conforme to the saids valuations, it is appointed, that there be collectors chosen in every presbyterie (where there are none chosen as yet) by the Gentle-men and heritors, and that the Commissioners of shires see the same done, and cause the saids collectors (so to be chosen) sub­scribe bands for doing of their diligence, and making payment of the collection to the generall collector, and send the same into Edinburgh to him. And where the valuations are already brought in, and col­lectors already made, it is ordained, that the saids collectors shall, [Page 50]with all possible diligence, send all the money they have to the princi­pall Collector at Edinburgh, and shall use all possible diligence for the rest, and give in their diligence to the said principall Collector, With certification, if any, lyable in payment of the said tenth part, shall not pay to the saids Collectors the summes due by them, conforme to the saids valuations, the said principall Collector or his deputes shall use all lawfull execution against them where the bands are subscribed, and where the bands are not subscribed, they shall be repute, and u­sed as non-Covenanters. And to take away all objections for not pay­ing of the said tenth part, it is appointed, that every Presbyterie and burgh shall send in their moneys, due for the tenth part, without dedu­ction of any part of it, except what is allowed for pay to their officers before the first of February last, and prices of victuall delivered to Commissars, for the publick use, or by warrant from the Com­mittee: And if they have not ready money, they shall borrow the same, from any person or persons to burgh or land-ward, where it may be had upon their owne security: And if any person or per­sons, of whatsoever ranke, degree, or calling, shall refuse to lend the same (reserving alwayes so much thereof, as may reasonably serve his owne private use, and his family, according to his estate and qua­lity) upon the said security, It shall bee liesome to them, to conveene them before any ordinary Judge, or Committee of the shire, or Pres­bytery: which being lawfully proved, by writ, witnesse, or oath of party, that they have money, and refuse to lend the same, They shall be holden as opposites to the common cause, and the money to bee confiscate, the one halfe to the apprehenders, and the other to the publick use: And because there is a present necessity of moneys, by and attour the said tenth part, Therefore it is appoynted, and or­dained, That every presbyterie within this kingdome shall lend to the publick use, the twentieth part of the rent, contained in the valuati­ons, and that by and attour the said tenth part, upon declaration and Act to bee made by the Committee from the Estates, that the same is given and lent by them for the publick businesse, to bee repayed, toge­ther with the annuall rents thereof, when a common course is laid downe, and prosecute for reliefe of the common burthens, to bee ended with all possible diligence: And the furthest shirs to returne their bands or money betwixt and the first day of July next; Or other­wayes it shall bee liesome to the said Committee, from the Estates, to find out the money in manner, and with certification foresaid, and to designe to the havers of the said money any Noble-men, Gentle­men, Burgesses, or substantious wealthy men, within each presbytery, one or moe, who shall be oblisht to give band or security to the saids lenners, for repayment thereof, and annuall rents for the same, in the or­dinary forme, the summe not exceeding the said proportion of the said twentieth part of the valuation of the said presbytery. For reliefe of the which persons, one or moe who shall give band or security foresaid, the whole heritors of the said presbytery, as well to burgh as land­ward, shall be bound, conforme to the proportion of their rents and dueties: and for that effect, shall have action of reliefe against them, [Page 51]in case of distresses: And such like, it is declared, That all the Bands, Contracts, and other oblishments for summes of money already bor­rowed for the publick use, shall be relieved and payed by all the heri­tors within this Kingdome, as well to Burgh as land-ward, conforme to the valuations proportionally: And that these who have subscribed the saids bands, contracts, and other oblishments foresaids, shall have their reliefe of the whole Shires and Burghs, conforme to the seve­rall proportions, as well these who have subscribed, as these who have not subscribed the saids bands and other foresaids: And where the valu­ers and collectors, chosen, or to bee chosen, refuse to go on and per­fect the saids valuations, or collect the tenth part in manner above spe­cified, in that case they or any of them shall bee holden and repute as e­nemies to the common cause: without prejudice alwayes, in case after their sayd refusall to the heritors and magistrates, to doe any of the o­ther two alternatives, and in case the sayd Heritors or Magistrates de­lay after the saids dayes respective, the foresayd certification to be va­lide against them in manner foresaid: And it is hereby declared, that if any person or persons within or without Burgh shall upon their oathes declare to the saids Valuers or Auditours, that they pay annuall rent to strangers, dwelling without this Kingdome, of whom they cannot have the retention of the proportionall part of the contribution due out of the said annuall rent, in that case the saids valuers or auditours shall de­faulk proportionally to the saids person or persons contribution of their trade, craft, rent, and estate, as they shall finde agreeable to e­quity and reason. And such like, it is hereby declared that this present Act, nor no clause therein shall bee any ground of Suspension to any debtour for retention of the principall summes adebted by him, and by­run annuall rents: But that every creditour may sute, crave, and charge for the same after the day of payment, as accords of the law: As also it is statute and ordained, that these debtors who shall not pay their an­nuall rents termly at least within six moneths after each terme of pay­ment of the said annuall rent, shall have no retention of the said pro­portionall part of the said contribution. And such like, it is hereby de­clared, that this present manner of stenting for the said collection and contribution shall no wayes prejudge any person whatsoever in succee­ding taxations; But that every mans right and claime anent the preju­dice may arise concerning the same and manner thereof, whereby any man can instruct, enorme lesioun, and that he was unequally stented, Is hereby specially reserved hinc inde. And last, It is statute and ordai­ned, that the Lords of Session shall bee Judges to all Suspensions to be raised in the said collection and contribution in such forme and manner as they are, and have been in matters of taxation.

ACT XXXV. ORDAINING SUMMONDS TO BE DIRECT and execute against the persons, who are culpable of the crimes and faults, contained in the Act, to com­peare before the next Session of Parliament.

THe Estates of Parliament conveened by his Majesties speciall Authoritie, Considering the present strait and exigencie, menacing the ruine of this Kingdome, and how necessary it is, for preventing thereof, that these who have beene the authors, or are the maintainers and assisters of these courses that are destructive to the liberties of this Kirk and Kingdome, and that either by their false suggestions and calumnious relations of the Estates of this Kingdome, and their proceedings to his Majestie, or by their comming in Armes against this their mother Countrey, and contributing to further our Adversaries in their intended and professed plots and violences, for the subduing and destroying this Kingdome, or by their rising in Armes within the Countrey, fortifying and keeping of Castles, and houses against the Estates, who defend the Countrey against all forraigne invasions and subjection, or by deserting their native Countrey in such an extreame necessitie, and with-drawing from them all the assistance they can: That all these and others in the like condition be distinguished, and censured according to the severall de­grees of their transgression against the State and Kingdome, There­fore they grant full power and warrant to the Committee, which is to sit at Edinburgh, for to direct in their name precepts to the Lion King of Armes, and his brethren Heraulds and Messengers, to passe, warne, and charge in name of the saids Estates, the persons under­written:

And all others whom the said Committee upon like probable grounds can suspect to have been the Liesing-makers, and tellers, and false accusers of the States of this Kingdome, and their proceedings to the Kings Majestie, as seditious, rebellious and treasonable, to have beene the instigatours, framers, and up-drawers of the strange Procla­mations, and Declarations made against his Majesties Subjects and Estates, as Rebels and Traitours, or to have risen, or rise in Armes, and concurre with the adversaries, for subduing of this their native Countrey, or to fortifie, keepe, or detaine Strengths, or Castles a­gainst the Estates of this Kingdome, who stand to their Covenant, [Page 53]for defending their Religion, Crown, and Countrey; Or wittingly and willingly to with-draw their assistance from their mother Countrey, in this extremity, and contribute their help and countenance to the adversaries, and all others who are either authours, abetters, maintai­ners, or suppliers, or art and part, or have any hand in countenancing and concurring with our adversaries, to the subduing and destroying of this Kingdome; and especially these that have seemed to joyne with us, and have subscribed the Covenant, for to compeare personally on [...] day at Edinburgh before the Parliament at the next Session thereof, to answer unto these and all other crimes of that kinde, which may bee layed to their charge, and that under the paine of treason and forefaul­trie for their contumacie, in case of not compearance: Like as the Estates declares that these precepts being subscribed by the Praeses and Quorum of the Committee foresaid, shall bee as sufficient, as if they were sub­scribed in Parliament.

ACT XXXVI. IN FAVOURS OF THE KINGS VASSELS of ward-lands, recommending their prejudice by the Act Anno 1633. to the consideration of the next Parliament, and in the meane time while then, suspending the force and exe­cution of that Act.

THE Estates of Parliament presently conveened by his Majesties speciall Authority, Taking to their conside­ration the bounty and benevolence of the Kings Ma­jesties most noble Progenitors, King James the se­cond, and King James the fourth, giving their Vassels liberty to set ward-lands few: And likewise conside­ring how the Kings Vassels of ward-lands are secluded from that bene­fite by the Act 1633. which seemeth to be done by mis-information of the Kings Majesty, and contrary to the intention of the Parliament, to debarre the Subjects of the bounty and benevolence of the Kings Ma­jesty towards them, which was formerly granted by his Progenitours, Recommendeth the serious consideration hereof, with the meaning and intention of the Kings, and the Estates, in setting downe of the foresaids Acts, and how farre the same Acts can be extended to the prejudice of the Vassels (the Act Anno 1633. being only a ratification of a former Act made in favours of the Subjects, and appointing the same to be ex­tended to lands holden of the King and Prince, and not a direct Act for these lands) to the next meeting of the Parliament: And in the meane time, while the determination thereof, the Estates suppresses and sus­pends the force and execution of the Act 1633. against the Kings Vassels of ward-lands, and exeemes them from that Act during the said inte­rim.

ACT XXXVII APPOINTING THE FEES FOR THE Procurator, the Clerk, and Agent for the Kirk.

THe Estates of Parliament presently conveened by his Majesties speciall Authoritie, Taking to their consi­deration, the desire of the last Assembly, and the sup­plication of the Commissioners of the Kirk, craving that the Advocate for the Kirk, the Clerk of the As­sembly, and the Agent for the Kirk may be provided to Fees and Pensions, for their service in that charge out of the Kirk rents belonging to the late Bishopricks, as they have had their Pensi­ons payed to them out of the same, since the Reformation. For the Pro­curator of the Kirk had assigned to him foure last, halfe last cost, ex­tending to six chalders twelve; bowles meal and malt out of the readiest duties of the Bishopricke of Orknay yearly: In place where­of, after the restitution of Bishops Anno 1606. there was five hundreth pounds ordained to be payed out of the Kings Checker to the Advocate for the Kirk: Like as the Clerk of the generall As­sembly, since the Reformation, and before the restitution of Bishops, and by the Bishops themselves, conforme to their Band in Janu. 1610. yeares, had five hundreth markes payed to him yearly, and the Agent for the Kirk had a continuall pension payed to him out of the Kirk rents for his charge. And herewith also, the said Estates con­sidering the necessitie of the saids Officers of Advocate, Clerk, and Agent for the Kirks businesse, with the weight of that charge, and continuall attendance requisite thereto, ordaines, and appoints the summe of a thousand markes of Fee and Pension to be payed yearly to Master Archbald Johnstoun present Advocate for the Kirk, and to his successours, chosen and appointed by the Assembly in that place for the Fee of that charge, as Procurator for the Kirk, and the summe of five hundreth markes to be payed yearly to the said Master Arch­bald Johnstoun as present Clerk to the generall Assemblies of the Kirk, for the Fee and Pension of that office, and to his Successours chosen and appointed by the Assembly in that place, for the dis­charge thereof and service thereintill: And the summe of other five hundreth markes of Fee and Pension yearly to bee payed to Master Robert Dalgleish present Agent for the Kirk, and to his Suc­cessours chosen and appointed by the Assembly in that charge. And in respect, that the Advocate, Clerk, and Agent for the Kirk, must have their continuall residence at Edinburgh, for attending the affairs of the Kirk, and that the saids Fees and Pensions ought to bee payed out of the Bishops rents, and that the saids officers, should be payed thereof, out of the nearest and most commodious rents, belonging [Page 55]to the saids Bishopricks, Therefore the saids Estates, ordaines the saids fees and pensions to be payed to the saids present officers, and to their successours respective, in that charge out of the readiest of the few duties, and out of the quotes of Testaments of the diocesse of S. Andrews, Glasgow, and Edibburgh, according to the proportion and division to be determinate and set down, by the Committee, from this present Parliament appointed to remaine at Edinburgh: and or­daines the foresaids fees, to be payed conforme to that division by the heritors, fewars, fermorers, and others adebted in payment of the few duties of the saids three Bishopricks, and by the collectors, and intro­metters with the saids quotes of Testaments: And also ordaines the Lords of Session to direct letters on this present Act, and upon the de­termination and division of the said Committee, at the instance of the Advocate, Clerk, and Agent for the Kirk, present and to come, for payment to them yearly, of their saids fees and pensions above-specified. And because that the present Procurator, Clerk, and Agent, have been serving the Kirk, in these places these two yeares by-gone, without receiving their fees otherwayes due to them, and that the rents of the saids two yeares, are yet untaken up, by the pretended Bishops of Edinburgh, Glasgow, and S. Andrews, but are restand in the tenants and collectors hands, Therefore they ordaine their entrie of payment, to be to the crop and yeare of God, 1638. yeares.

ACT XXXVIII ORDAINING THE WHOLE SUBJECTS And Lieges of this Kingdome to obey, maintaine, and defend the Conclusions, Acts and Constitutions of this present session of Parliament, and to subscribe the band appointed for that effect.

IN the Parliament holden at Edinburgh, the eleventh day of June 1640. yeares, the Estates of Parliament presently conveened, by his Majesties speciall autho­rity, Considering that whereas, after many petitions and supplications given in and presented to his Maje­stie, and the Lords of his secret councell, by divers of the Nobility, Barons, and Burgesses of this King­dome, for granting a free Generall Assembly and Parliament, for reforming of many great abuses and novations, tending to the over­throw of the true reformed Religion, and undoing of this Kirk and Kingdome, devised and brought in by the late pretended Bishops, who by their subtle practises, during his Majesties absence, these many yeares, had ingrost in their persons, all the Ecclesiastick and civill Power of this his Majesties ancient and native Kingdome; It was granted by his Majestie, out of his Royall Justice, and accor­ded [Page 56]by the Articles of Pacification, made at his Majesties camp in the moneth of June, 1639. yeares last by-past, that a free gene­rall Assembly and Parliament should be indicted by his Majestie, and that all matters Ecclesiasticall should be determined by the Assemblies of the Kirk: and matters civill, by Parliaments, and other inferiour Judicatories, established by Law: And that accor­ding thereunto, his Majestie did indict an Assembly to be holden at Edinburgh, the twelfth of August, and a Parliament for ratifying the Conclusions of the same assembly, and setting down such other things as might conduce to the peace and good of the Kingdome, To be holden at Edinburgh the twenty sixth of August last by-past. In the which assembly, the matters concerning the puritie of the true reformed Religion, and peace of this Kirk, after great debate, delayes, and protracting of time, made by John Earle of Traquaire, his Majesties Commissioner, being at length concluded upon the [...] day of August, 1639. yeares; the Parliament sitting down, immediately thereafter, upon the penult day of the said moneth of August, the ratifications of the Conclusions of the same assembly, and many other matters of great importance, conducing necessarily to the setling of the peace of this Kingdome, being pro­poned in Parliament, were likewise shifted and delayed, and the clo­sing of the Parliament protracted from time to time, unto the [...] day of November last by-past: At the which time, the said John Earle of Traquaire did take upon him without the consent of the Estates, to prorogate the foresaid Parliament, to the second day of June instant, not only contrary to the Articles of Pacification, but also to the prejudice of the Liberties of the Parliament: for preservation whereof, the saids Estates were forced to make a declaration in Par­liament against the same: And that albeit since the said [...] day of November, unto this time, the saids Estates have used all possible meanes to give his Majesty full satisfaction, both by their peaceable carriage at home, and by sending their Commissioners to acquaint his Majestie with all their just desires, and the reasons thereof, yet they have not onely received no answer, but upon the contrary, their proceeding in the said Parliament, being untruly related, by the said John Earle of Traquaire, have been condemned as Rebellious without hearing, And our Commissioners sent for clearing thereof, all restrained in private houses for a long time, and John Lord Low­doun, being one of them committed to the Tower, where he is still detained prisoner: The Castles of Edinburgh, and Dumbartane have in the meane time beene fortified and provided with all sort of Ammunition, in great abundance, and Garisons of Souldiers, (not being natives of this Kingdome) put therein, the Garison in the Castle of Edinburgh, dayly killing diverse of the inhabitants of this Citie, and spoyling their houses with musquets and great Ordnance: all ships belonging to this Kingdome arrested in Eng­land, and Ireland: and many of them coming from other places, layed waite for, and taken by the way: their owners and passen­gers [Page 57]spoyled of their goods and apparell, layed in the yrons, and barbarously abused: A Commission granted to the Generall of the English forces by sea and land, to kill, destroy, and subdue this whole nation, a printed Declaration put forth, denouncing war against it, perswading, exhorting, and provoking the other two King­domes to grant subsidies, and take Armes against the inhabitants of this Kingdome as traitours and rebells: And the Parliament of Ire­land hath proceeded so farre as to declare them to bee such: All which they have hitherto endured patiently, and thereby given an evident demonstration to the world of the loyalty of their affections to their Soveraigne, which no extremitie shall ever make them to forget: And now being prest by the present exigence of the Estate of this King­dome, and bound by the necessity of that naturall duety they owe to themselves and their posterity, to provide for the safety of the Common-wealth, and their owne, and timously to prevent the utter ruine of this Nation, which can no longer subsist under so great a burden, That time appointed being come, to the which the Parliament was prorogate, and no advertisement come from his Ma­jestie to them anent any course to bee taken, for remeeding of the great disorders, they being the great Councell of the Kingdome, could not bee altogether so forgetfull of themselves, and deficient to their Countrey, as to suffer this Parliament which they had so often petitioned from his Majestie, which was conditioned and accorded by the saids Articles of Pacification, and indicted by his Majesties Au­thority, to bee deserted and expired without any conclusion to the good of the Common-wealth in so great extremity: But rather, thought themselves bound in conscience and duety to proceed to the determination of such matters as are necessary for the establishing of the peace of this Kirk and Kingdome, as being the expresse and spe­ciall ends of all their Supplications, and agreeable to the saids Ar­ticles of Pacification, without trenching any wayes on Soveraignitie, or derogating in any sort from his Majesties Royall Authority: but on the contrary, only looking first upon the constitutions of the ge­nerall Assembly, past in presence of his Majesties Commissioner, and the necessary consequences thereof, and then providing remedies for the present evils of the Kingdome, by removing the cause, and esta­blishing necessary conclusions for preventing the like hereafter: In do­ing whereof, as they have proceeded uprightly in the way of Justice, and with all due reverence, and regard to his Majesties Authority, and thereby have stopped the calumnious mouthes of their adversaries, so they rest assured, that his Majesty after due examination of their proceedings, finding the same agreeable to the fundamentall lawes and customes of this his ancient and native Kingdome, and no wayes repugnant to Monarchicall government, will out of his Royall Justice and goodnesse give his full consent thereunto; And thereby totally remove and extinguish all ground and occasion of controversie against his faithfull and loyall Subjects, restore this Kingdome to a perfect and sollid peace, which they pray the LORD to put in his Majesties Royall Heart, that he may long and prosperously reigne [Page 58]over them. And on the other part, considering from by-gone expe­rience how malicious and diligent their adversaries will be to calum­niate these their proceedings, and by their suggestions to the Kings Ma­jestie, and to the Lieges, to kindle and entertaine factions and divisions thereanent, and how necessary it is for the safety and peace of this Kirk and Kingdome, that the members of both doe unanimously with heart and hand testifie by their subscription their resolution, and obligation to acknowledge this Parliament so often desired by their petitions and supplications, and conveened by his Majesties solemne indiction, according to the Articles of Pacification, to be a free, lawfull, and ne­cessarie Parliament, and to obey, observe, and maintaine the same for themselves constantly and faithfully, and to the uttermost of their power, to joyne and concurre, in their severall stations and callings, with others to advance, further, and assist the execution, obedience, and observing of the Acts and Constitutions of this present Parliament, as the most sit and necessarie remedies of the by-gone and present evils and distractions of this Kirk and Kingdome, and for preservation of the Religion, laws and liberties thereof, and of his Majesties Autho­ritie, and that in the first Parliament which shall be holden hereafter within this Kingdome, and at all other occasions, against any oppo­sition whatsoever, except in so farre as shall hereafter be thought sit and expedient by the common advise and consent of the Estates: They have ordained, and ordaines the Band under-written, to be subscribed by all the Members of Parliament present and absent, and by all No­ble men, Barons, Burgesses, and all other Subjects and inhabitants of the Kingdome, in their Shires, and Burghs, as they shall be dire­cted by the Commissioners of Parliament left at Edinburgh, and to be reported to the Clerk, betwixt and the first day of September next, with certification, that such as refuse, or post-pone, and delay to sub­scribe the same, shall be holden as Enemies and Opposites to the com­mon Cause, consisting in the maintenance of the true reformed Re­ligion, and of the laws, and liberties of this Kingdome, and his Ma­jesties Authoritie.

WEe Noble-men, Barons, Burgesses, and others, under subscri­bers, Considering how necessarie it is to establish our Union in the preservation and maintenance of the Religion, Laws, and Liberties of this Kingdome, and of his Majesties Authority, and to prevent all factions, contentions, and divisions, which may arise in pre­judice thereof, from malicious suggestions and mis-informations of our adversaries, doe all, and every one of us with our heart and hand testifie and declare our Resolution and Obligation, (for the reasons and causes at length exprest in the Act of Parliament immediately preceding) to acknowledge the foresaid Parliament to have been, and to be a free and lawfull Parliament. Like as we binde and oblish us, and every one of us upon our honours and credit, and as we desire to be, and to be holden true lovers of our Countrey, and of the Reli­gion, laws, and liberties thereof, effauldly and faithfully to the utter­most [Page 59]of our power, To joyne and concurre with our persons and estates, every one of us according to our severall stations and callings, in the maintenance of the freedome and lawfulnesse of the foresaid Par­liament, and in the advancement, furtherance, and assistance of the exe­cution, obedience, and observation of the Acts and Constitutions there­of, as the most sit and necessarie remedies of the by-gone and present evils and distractions of this Kirk and Kingdome, and for the preserva­tion of Religion, laws, and liberties thereof, and of his Majesties Au­thoritie, and that in the first Parliament, which shall be holdeu here­after within this Kingdome, and at all other occasions, and against any opposition whatsoever, except in so far as shall be hereafter thought sit and expedient, by the common advise and consent of the Estates. In witnesse whereof we have signed and subscribed these presents with our hands, At, &c.

ACT XXXIX. DECLARING THE PARLIAMENT Current, and continuing the same while the nineteenth of November next.

THe Estates of Parliament presently convee­ned by his Majesties speciall Authoritie, Continues this present Parliament, and all matters and actions belonging thereto, while the nineteenth day of November next to come: At the which day, ordaines the whole Estates to be present, and to attend at Edin­burgh, or where it shall happen the same to be appointed to be holden for the time: And in the meane time declares the same Parlia­ment to be current to the day foresaid: And ordaines the whole Acts and Statutes concluded in this present Session of the said Parliament, to stand and have the force and strength of Laws, such like as any Acts and Statutes of any preceding Parliaments in any time by-gone: And or­daines the same to be published and printed, notwithstanding of the continuation thereof to the day foresaid.

ACT V. ANENT THE OATH TO BE GIVEN BY Every member of Parliament. August 18. 1641.

FORSOMUCH as the honour, greatnesse and happinesse of the Kings Royall Majestie, and the welfare of the Subjects depend on the puritie of Religion, as it is now established in this Kingdome, the laws, liberties and peace thereof, which ought to be sought after by all good Christians, loyall Sub­jects, and true Patriots, And to be furthered and maintained by them against all such, as by any meanes, endeavour to shake, or subvert the same. THEREFORE We under-subscribers, and every one of Us, do in the presence of almightie God promise and vow, That in this present Parliament We shall faithfully and freely, speak, answer and expresse our selves upon all, and every thing which is or shall be proponed, so farre as we think in our conscience may conduce to the glorie of God, the good and peace of the Church, and State of this Kingdome, and imploy our best indeavours to promove the same: And shall in no wayes advise, voyce nor consent to any thing, which to our best knowledge, we think not most expedient and conduceable thereto: [Page 68]as also that we shall maintaine and defend with our Life, Power, and Estate, His Majesties Royall Person, Honour and Estate, as is exprest in our Nationall Covenant: And likewise the Power and Privi­ledges of Parliament, and the lawfull Rights and Liberties of the Sub­jects, and by all good means and wayes, oppose, and indeavour to bring to exact tryall, all such as either by force, practise, counsell, plots, con­spiracies, or other wayes, have done, or shall do any thing in prejudice of the puritie of Religion, the Laws, Liberties, and Peace of the King­dome: And further, that we shall in all just and honourable wayes in­devour to preserve union and peace betwixt the three Kingdomes of Scotland, England, and Ireland, and neither for hope, feare, nor other re­spect shall relinguish this vow and promise.

Read in audience of the Kings Majestie and the Estates of Parliament, who approve the same, and appoint the said oath to be taken by all members of this Parliament, and in all Parliaments hereafter, be­fore they proceed to any act, or determination.

ACT VI. ACT ANENT THE RATIFICATION OF The Articles of the Treatie, superscribed by the King, and subscribed by the President of the Parliament. August 26. 1641.

OUR Soveraign Lord and Estates of Parliament, Ratifies and approves the articles of the large treaty concerning the establishing of the peace betwixt the Kings Majestie, and his people of Scotland, and betwixt the two Kingdomes of Scotland and Eng­land: And for his Majestie and his successours per­petually confirmes the same, ordaining the same in all time comming to have the full force and strength of perfect security, lawes, and acts of Parliament: Like as his Majesty, for Himself and his Successours, pro­miseth, in verbo Principis, never to come in the contrary thereof, for any thing therein contained: but to hold the same firme and stable, and shall cause it to be truly observed by all his Majesties Lieges according to the tenour & intent thereof for now & ever. Wherof the tenour followes:

WHereas by his Majesties Royall Wisedome, and Princely care of the Peace and Happinesse of his Majesties Dominions, a Treaty hath beene appointed for removing of all differences raised betwixt the two Kingdomes, and betwixt the King and his Subjects of Scotland, and for setling and assuring a firme and blessed Peace for all time to come: and a Commission hath been given under the great Seale of England, with approbation of both Houses of Parliament, bearing date 23. of November in the 16. yeare of his Maje­sties raigne, and in the words following:

ACT. VII. ACT DISCHARGING JAMES BANNATINE His patent of the pearling. Ultimo Augusti, 1641.

OUr Soveraign Lord and Estates of Parliament, having read and considered the reasons, grievances and pre­judices given in, and complained upon in this present Parliament against the gift and patent granted to James Bannatine in leith anent the pearling, and find­ing the famine gift and patent hurtfull and prejudicial to the country and lieges: Have therefore rescinded, retreited, cassed, annulled and discharged, and by the tenour hereof, rescinds, retreits, casses, annuls and discharges simpliciter, the foresaid gift & patent granted to the said James Bannatine anent pearling, And declares the famine gift and patent to be extinct, null and ineffectuall in all time comming. And also our said Soveraigne Lord, with advice and consent of the estates of Parliament, prohibits and discharges all im­portation and inbringing of forraigne pearling within this kingdome in any time comming, under the paine of confiscation thereof to his Majesties use. And siclike our said Soveraigne Lord, with advice fore­said renewes the act of Parliament made, in anno, one thousand six hun­dred twentie one yeares, Intituled anent banquetting and apparell, in the second head and article thereof, viz. That no person of whatsoever degree shall have pearling or ribbining upon their ruffes, bands, serkes, napkins and socks, except the persons priviledged in that act: And the pearling and ribbining to be so wome by them (if any be) to be of these made within the kingdome of Scotland, under the pain of an hun­dered pounds toties quoties, as the said act in that article thereof beares: And ordains the famine act in that head and article foresaid, to have ful strength, force and execution, and to stand as a Law, conforme to the tenour thereof.

ACT VIII. ACT DISCHARGING UNLAWFULL Marriages, 1. September, 1641.

OUr Soveraign Lord and Estates of this present Parlia­ment, considering the great abuse and dangerous evill that hath followed, and may follow upon frequent marriages of the persons Inhabitants within this king­dome, going to the neighbour Kingdomes for getting themselves married there, which they could not ob­taine in this Kingdome by the lawes and constitutions thereof, Therefore, and for remedy of that evill, and for preventing such in time comming, prohibites and discharges all men and women, having both their ordinary residence within this Kingdome, to get mar­riage to themselves with others within the Kingdome of England, or Ireland, without Proclamation of Banes here in Scotland, and against the order and constitutions of this Church or Kingdome, under the paies following: viz. for ilk Nobleman so married, one thousand pounds, for ilk landed Gentleman one thousand markes, for ilk Burges five hundred pounds, and for ilk other substantious person five hundred marks, for a Yeoman one hundred pounds, for ilk per­son of inferiour qualitie one hundred marks: The one halfe of the which penalties shall belong to the King, the other to the Parish or Parishes where the married parties did reside: And ordains the King and Kirks Advocate to pursue before the civill Judge therefore: And in case of the poore condition of any man married in manner foresaid, Ordains him to be punished by stocks or irons: Which paines corpo­ral and pecunial shall no wayes be prejudiciall or derogate from the or­der and censures of the Kirk, to be inflicted against the delinquents.

ACT IX. ACT ANENT NON-COVENANTING Patrons, 2. September 1641.

OUR Soveraign Lord and Estates of Parliament, con­sidering, that all his Majesties subjects within this Kingdome are by Acts of Parliament ordained to subscribe their Nationall Oath and Covenant, There­fore his Majestie and Estates ratifie and approve the Act of Parliament made by his Majesties dearest Fa­ther of blessed memorie, Parl. 1. c. 9. whereby it is ordained, that no per­son be Judge; Procurator, Notar, or Member of Court, who professeth not the true Religion, together with the Act of ratification thereof, with the addition and declaration thereof therein contained, made by his Majesties said umwhile Father, Parl. 20. cap. 3. And finds and de­clares, that the saids Acts shall be extended to all persons whatsoever, who have not subscribed, or refuse to subscribe the said National Oath [Page] [Page] [Page 89]and Covenant. And such like findes and declares, That where any of the saids refusers to subscribe have right to presentation of Kirks, that it shall not be lawfull to them, to present any persons to the Kirks va­cand, but that the planting of the saids Kirks and admitting of Ministers thereto, and to the stipends and provisions thereof, upon sure and cal­ling of the Congregation, shall pertaine pleno jure, to the Presbyteries, within the which the saids Kirks lye, ay and while the saids patrons subscribe the saids Nationall oath and Covenant.

ACT X. ACT FOR FREEING OF VICCARAGES, Provided to Ministers for their stipends, of taxations. 2. September, 1641.

OUr Soveraigne Lord and Estates of Parliament, consi­de [...]ng the distractions that Ministers are brought into, and other prejudices and losses sustained by them, by taxations craved of viccarages, which are assigned and provided to them as a part of their stipends, in so far as they are assigned and provided: and that it is against all reason and equitie, and former Acts of Parliament, That Ministers stipends should be burdened with impositions and taxations: Therefore Statutes and Ordaines (for eschewing of these inconveniences and prejudices) that no viccarages teinds, nor rents thereof assigned and provided, or to be assigned and provided to Ministers as a part of their stipends, be burdened or affected with any taxations of impositions by-gone, resting, owing, unpayed, or in time coming, in so far as can be extended to the saids teinds, and rents of viccarages assigned, or to be assigned to them, and whereof they are, or shall be in possession by the saids assignations: But declares the same to be free thereof in all time comming.

ACT XI. ACT ANENT RAISING OF MALICIOUS Suspensions, against Ministers, Colledges, Schooles and Hospitals. 9. September 1641.

OUr Soveraigne Lord and Estates of Parliament, consi­dering the great inconveniences that the Ministers of this Kirk are brought into, by malicious delayes, or refusing of the payment of their stipends, by unrea­sonable suspensions, or by contempt of decreets ob­tained against persons oblished for payment of their stipends, and that the Ministers charges are so exor­ [...]itant in the sute of law, that their stipends craved will not defray the [...]ame, and that they are exceedingly distracted from their callings, to the [Page 90]great prejudice of their congregations, and that they doe suffer many other prejudices and losses: Therefore Statutes and Ordaines, that no suspensions be hereafter granted against Ministers charging for their sti­pends, without consignation of the summes of mony charged for, if the stipend consist in money: or of an hundreth markes for ilk chalder of victuall, and of the just proportion of an hundreth markes for ilk quantity of victuall under a chalder, if the stipend consist in victuall, where the same is not converted: and where the same is converted, up­on the consignation of these summes whereunto the victual is liquidate and converted. Which consignation of money for victual as abovesaid, is without prejudice to the judges, to decerne the greater or lesser price for victual charged for, according to the probation: Providing alwaies, that if the person charged make reall and timous offer to the mini­ster at his dwelling house, or (at the least) at the place where he is ob­liged or accustomed to deliver the said victual, before a notar and two witnesses, at the least, of the whole victual adebted or charged for, in good and sufficient stuffe at the termes of paiment thereof, lawful re­quisition being first made to the minister to receive the same before a notar and witnesses, as said is, then the person charged for, shall not be astricted to consigne money for victuall in manner foresaid. And such like it is provided, that the judge shall discerne twentie markes of ex­pences for ilk hundred markes (at the least) against the malitious charger or suspender. And in case any person charged for ministers sti­pends shall contemptuously goe to the horne and lie thereat, Our So­veraigne Lord and Estates foresaid, Statutes and ordaines, that the do­nators to the single or life-rent escheat of the rebell, having writ either from his Majestie or any Lords of regality, or any superiours what­soever intrometters with the saids escheat, goods and geir, mails and dueties of Lands, or Tithes falling within the compasse of the said es­cheate, single or life-rent, and all and whatsoever intrometters shall be lyable in paiment of the ministers stipends, and of all charges, penalties and dammage which the said rebell should have been lyable to him­selfe, and that actions shalbe competent therefore against them, Provi­ding the causes of the horning, whereupon the gift is taken, and the ex­pences of the passing thereof be first satisfied, and that the donator hath intrometted or might have intrometted with as much as might have paid the ministers stipend: and that no suspension shalbe granted of decreets obtained against the said donators and intrometters but in the manner foresaid. And our Soveraigne Lord and Estates foresaid de­clares, that this Act shalbe extended to universities, colledges, schooles and hospitals, masters and members thereof, for the more ready and thankefull paiment to them of their stipends, provisions, mortificati­ons, revenues, and their dueties whatsoever.

ACT XII. ACT FOR ABOLISHING OF MONUMENTS Of Idolatrie. 10. September. 1641.

OUr Soveraigne Lord with consent of the Estates of Parliament, understanding, that the generall Assembly of the Kirk hath by their speciall Act, made 30. July, 1640. Sess. 3. Ordained all Idola­trous Images, Crucifixes, Pictures of Christ, & all other Idolatrous Pictures, to be demolished and re­moved forth, and from all Kirks, Colledges, Chappels, and other publick places. Therefore ordaines all Presbyteries to take diligent tryall of all idolatrous Pictures and Images, being within Kirkes, Colledges, Chappels, and other publick places, and after tryall intimate the same, first to the owners and parties themselves, that they may remove the fame: and in case they doe neither appeale presently from the pres­byterie in the ordinarie way to the Synod and generall Assembly, nor remove them within the space of three moneths, then to intimate the same to all Sheriffs, Stewards, Bayliffs, Magistrates of Burghs or Rega­lities, within the which the same shall be found: and ordaines them up­on the requisition to be made to them by the saids Presbyteries, Mode­rator, or Brethren thereof, to raze, demolish, abolish, cast down or de­face all these Idolatrous Images, Pictures, and other idolatrous monu­ments foresaids, according as they shall be enjoyned and directed from the saids Presbyteries from time to time, ilk one of them, within their own bounds and jurisdiction respectivè, except in the case of appellation aforesaid: And if the Presbyteries be negligent, that they be censured by the Synods and generall Assemblies, and the Sheriffs, and other officers foresaid (in case of their negligence,) to be censured by the secret Councell, as they shal think reasonable: And prohibites, and discharges all making of any such Images or idols, and all up-putting of the same in all time comming under all highest paines, to be inflicted upon the contraveeners thereof.

ACT XIII. ACT ANENT NON-COMMUNICANTS And Excommunicate Persons. 10. September 1641.

OUR Soveraigne Lord and Estates of Parliament, Ra­tifies the two Acts of Parliament anent the escheats of excommunicate persons made by his Majesties Father of blessed memory, one therof Par. 14. cap. 197. and the other Par. 20. cap. 3. with the addition and declaration following, that no gift of escheat past or to bee past upon excommunication, or horning upon excommunication shall be vallid, but the samine is declared to have been, and to be null in all time comming, by way of exception or reply: and declares the saids two Acts ratified, as said is, with the ad­dition foresaid made thereto, to be extended to all excommunication pronounced, or to be pronounced against whatsoever person or per­sons, and for whatsoever causes: And further, His Majestie and Estates foresaid, Ratifies and approves the Act made by his Majesties Father, Par. 16. cap. 17. anent non-communicants every year once, with this de­claration and addition, that the penalties of the contraveeners, modified in the said Act, be payable in all time coming to the several Presbyteries within the Jurisdiction, whereof the contraveeners dwell, to be applied by them ad pios usus: And that the said Presbyteries, or any they appoint, shall have power to crave, receive and pursue for the same. And further, Our Soveraigne Lord and Estates foresaids, for the greater terror and the more effectuall reclaiming of all excommunicate persons, declares that all persons whatsoever, according to the degrees and qualities mentioned in the said Act, lying under the sentence of excommunica­tion, shall be lyable to the paines and penalties therein contained, and that yearely after the sentence of excommunication, ay and while they be relaxed therefrom, and reconciled to the Kirk: And also declares, that the said yearely penalties against excommunicate persons shall pertain to every paroch Kirk, and Kirk session, in burgh or land-ward, within their owne bounds, to be applyed ad pios usus: And that they, or any person they appoint, shall have power to crave, receive, and pursue the famine, to be applyed to the pious uses of the severall paroch Kirk sessions, where the contraveeners dwell: And in case of the paroch kirk sessions their slacknesse, the Presbyterie to exact after the expira­tion of yeare and day after the contraveening. And further declares the donators to the excommunicate persons their simple escheat and life­rent, and all other intrometters with their goods and geir and livings, shall be liable to the payment of the saids paines and penalties in the samine manner, as the excommunicate persons are lyable themselves. And because in the said Act there is no particular penalty modified against Burgesses, Therefore His Majestie and Estates foresaids, ordaines everie Burges that beares, or hath borne office of Magistracie, so oft as he shall contraveene [Page] [Page] [Page 93]the said Act, To pay the summe of two hundred marks, and every other burges the summe of fourtie pounds: And such like ordaines the said persons, to be liable in the saids penalties respective, not only for their own personall contraveening of the said Act, but also so oft as the same shall be contraveened by their wives respective, and also so oft as the same shall be contraveened by their children, they shall incurre the fift part of the saids paines, respective, for every bairne, not forisfamiliat, and of the age of fifteen yeares compleat, and that toties quoties they shall contraveene the said Act: And such like, that e­very servant so oft as he shall contraveene the said Act, shall pay one yeares fee, toties quoties, lawfull requisition being alwaies made to the saids Wives, Children and Servants by their Pastor or Presbyterie to give obedience to the said Act.

ACT XIIII. ACT ANENT THE BULLION. 10. September, 1641.

OUR Soveraigne Lord and Estates of Parliament, Considering that one of the chiefe waies for bring­ing in of money into this Kingdome, hath been bul­lion, which now for lacke of the true way of mana­ging thereof, is become unprofitable. Therefore our Soveraign Lord, with advice and consent of the saids Estates, Statutes and Ordaines that in time comming all and every Merchant passing forth of this Kingdome with any Mer­chandize, or sending the same forth of this Countrie, at the customing of the saids goods, shall find sufficient security to the customers, for im­porting and inbringing such quantity and proportion of Bullion as by the Lawes of this Kingdome is due for the saids goods transported by them, and shall accordingly deliver the same, and cause be delivered to the Master of the Coine house, and shall receive back again his Majesties coine of this Kingdome: And shall make faith, that the same was brought by them from forraign parts, or by others in their name: and discharges all payment of Bullion before the hand, and all pactions made anent Bullion one with another, and paying of the same with his Majesties coyne, or with any silver that is within the Countrey already, under the pain of doubling of the said Bullion: As also because the Bullion is ordained to be payed to the master of His Majesties coine house, who hath his only residence in Edinburgh, and that thereby many Merchants who dwell not within the said Burgh will be put to great and unnecessary charges, for a small matter of Bul­ion, Therefore it is declared, that it shall be lawfull to the saids Mer­chants to send the famine to the said Master of the coine house, provi­ding he send therewith an attestation under his oath and hand, if he can write, and under his mark if he cannot write, and both before two sub­scribing [Page 94]witnesses of Magistrates, or Councell of the Burghs where they dwell, that the said Bullion due by him was brought within this Kingdome from forraine parts, and that the same was not acquired nor bought by him within the same.

ACT XV. ACT ANENT THE ELECTION OF Officers of Estate, Counsellours, and Sessi­oners. 16. September, 1641.

OUR Soveraigne Lord and the Estates of Parliament, considering, that whereas there was an Article in the Treatie anent the manner of choosing and placing of Officers of State, Counsellours, and Sessioners, whereof the answer was remitted to be determined by his Majestie and this Parliament: And his Maje­stie being willing to give this his ancient and native Kingdome all satisfaction possible, That fit and qualified persons shall ever fill these places, And considering that his Majesties residence (be­cause of his great affaires) will be more ordinary in England then here, whereby the qualification of persons may not at all times be so well knowne to him: Therefore his Majestie, with advice and consent of the Estates of Parliament, Declares for himselfe and his Successors, That he will nominate and make choice of such able and qualified per­sons to fill these places, as shall be fittest for his service, and may give most contentment to the Estates of Parliament: Which nomination and choice His Majestie will make, with the advice and approbation of the saids Estates of Parliament, during their sitting: And if any of the saids places shall happen to vake, and must be provided in the intervall betwixt Parliaments, his Majestie will choose and nominate Officers of State and Counsellours, with the advice and approbation of the Councell, all that number being warned upon 15. daies calling to meet thereanent, and most part of the whole consenting: And in like manner the Sessioners, with the advice and approbation of the most part of that House. Which elections, made in the intervall, shall be al­lowed or disallowed in the next ensuing Parliament, as the Kings Ma­jestie and the Parliament shall think expedient: And the Officers of State, Counsellours, and Lords of Session, so nominated and chosen by his Majestie and the Parliament, or allowed by his Majestie and them, shall be provided ad vitam vel culparn, and they all shall be ly­able to the censure of the Kings Majestie and Parliament.

ACT XVI. ACT ANENT THE ELECTION OF THE Lord LOWDOUN to be Chancellour. Ultimo Septembris, 1641.

THE which day the Kings Majesty, with the advice and approbation of the Estates of Parliament, did nominate and elect John Lord Lowdoun to exerce and discharge the place and office of High Chancellour of this his Highnesse ancient native Kingdome, and gave and disponed to him, during all the dayes of his life time, the said office, with all honours, dignities, profits, liberties, and priviledges, which have beene possest and bruiked by any preceding Chancellours, and which may be now bruiked by the Lawes of this Kingdome: Like as his Majestie, with advice and approbation foresaid, makes and constitutes the said John Lord Lowdoun, during all the dayes of his life time, High Chancel­lour of this his said Kingdome, to be bruiked and enjoyed by him, with all dignities, honours, commodities, liberties, and priviledges, which have beene possest and bruiked by any preceding Chancellours, and which may be now bruiked by the Lawes of this Kingdome: and ordaines a gift and patent to be past under His Highnesse great Seale to the said John Lord Lowdoun thereupon.

ACT XVII. ACT ANENT THE CHANGE OF THE Termes. 29. October, 1641.

OUR Soveraign Lord and Estates of Parliament, Con­sidering the great prejudice his Majesties Lieges doe sustaine by the inconveniencie of the present usu­all termes of payment of their debts and annuall Rents at Whitsunday and Martinmas heretofore; Where as if the samine were altered and changed to Lammas and Candlemas yeerly, they might get in their owne rents and dueties to pay their lawfull creditors there­with, more easily at the said Termes of Lammas and Candlemas, then at the former termes of Whitsunday and Martinmas: Therefore Our Soveraign Lord and Estates of Parliament, have now altered and chan­ged the foresaid former course of the Termes of payment from Whit­sunday and Martinmas, to the Termes of Lammas and Candlemas, in all time hereafter, And ordains the same to be the usual Termes of pay­ment of all debts and annuall, and for using of all order of Redemption, & ordains all Premonitions & Requisitions to be made before the said Termes of Lammas and Candlemas, in place of the Termes of Whit­sunday and Martinmas, in time coming: Notwithstanding of any clau­ses [Page 96]of Redemption, Premonition, or Requisition, contained in any Bands or other Writs, bearing the samine to be made or done, either before Whitsunday or Martinmas, in manner therein specified. Where­anent our Soveraign Lord and Estates of Parliament dispenses for ever, Beginning the first Termes Redemption, Premonition, or Requisition, at and before Candlemas next, in place of the Terme of Martinmas, and the next Terme at and before Lammas next, for and in place of Whitsunday, and so forth yearely and tearmly in all time coming, But prejudice to all creditors of all their just annual rents that shal be due to them from Martinmas next to Candlemas next to come, and from Whitsunday to Lammas, which is declared to be one quarters annuall, And likewise but prejudice to them of all other bygone annual, resting, owing to them of whatsoever other years or terms preceding, which are and shall be payed at the Terme of Candlemas next: And this Act to be understood only for borrowing and lending of moneys, upon band or infeftment, and payment of annuall rents, and the former Termes of Whitsunday and Martinmas to stand for redemptions, proper woodsets, flitting and removing of Tenants, both in Burgh and Land.

ACT XVIII. ACT ANENT THE CHARGES AND Expences of the Commissioners for the Barons, 11. November, 1641.

OUR Soveraigne Lord and Estates of Parliament ratifie and approve the Acts made by his Majesties Predeces­sours, King James the first of worthy memorie, in his 7. Parl. and 101. Act thereof: and the Act made by his Majesties umwhile dearest Father of worthy memorie in his 22. Parl. anent the Commissioners of small Ba­rons in Parliament, in the whole Heads, Clauses, and Articles there­of: And specially that Article of the said last Act, bearing, that all Free-holders be taxed for the expences of the Commissioners of the Shires, passing to Parliaments or Generall Councels: And letters of horning and pounding to be direct for payment of the summes taxed for that effect, upon a simple charge of six dayes allanerly, With this addition for clearing of the quantity and manner of the said taxation, that there shall be allowed to every one of the saids Commissioners, for their whole charges and expences, five pounds every day for their ex­pences upon any parliaments, or generall councels, counting the first and last daies, from the down sitting and rising of the saids Parliaments: with such other dayes allowed for the Commissiòners of every shire, for their coming to the saids Parliaments or generall Councels, and re­turning there-from, from time to time as they shall sit or be adjourned, viz. for the Commissioners of the sheriffdome of Edinburgh for their comming and going, one day: of Fife, two dayes: of Linlithgow, two [Page] [Page] [Page 97]dayes: of Clydesdail, foure dayes: of Nithisdail, foure daies: of Dum­bartane, foure dayes: of Sterling, two dayes: of Hadingtoun, one day: of Bervik, foure dayes: of Clakmannane, two daies: of Kinroshire, two dayes: of Peiblis, two dayes: of Bute, six daies: of Angus, foure dayes: of Pearth, foure dayes: of Mearnes, foure dayes: of Air, foure dayes: of Wigtoun, six dayes: of Kirkcudbryght, four daies: of Roxburgh, four daies: of Aberdene, eight dayes: of Renfrew, foure daies: of Selkirk, two daies: of Bamff, eight dayes: of Elgine, ten dayes: of Narne, ten daies: of Argyle, eight dayes: of Innernes, twelve daies: of Caithnes, sixteen dayes: of Sutherland, fourteen dayes: of Orkney, thirtie dayes: The which daily allowance, after the rising of the said Parliaments or generall Councels, shall be calculate and put in a summe by the Clerk of Parliament under his hand, to be divided and imposed proportionally upon the whole freeholders, heritors and life-renters, holding of the Kings Majestie and the Prince, according to the proportion of their Lands and Rents, lying within the shire, Excepting alwayes forth of this Act, all the Lands belonging to the Noblemen or their immediate Vassals: And therefore declares, that their Lands holden of his Majesty or Prince, and their Vassals, to be free of the said taxe, notwithstanding of this present Act, or any Act preceding: And that letters be direct thereupon by the Lords of Session, to charge the Free-holders, heritors and life-renters holding of his Majesty and the Prince, to conveene at the head Burgh of every shire, upon one speciall day, for dividing and setting down the proportion thereof in manner foresaid: With power also to stent the saids free-holders, heritors, and life-renters, for the tenth peny more of the said whole summe, so calculate for the expences of the letters to be raised therefore, and others charges in the collection thereof, with certification that such as shall conveene, shall have pow­er to proceed, notwithstanding of the absence of the rest: And that letters of horning and pounding be direct thereupon, at the instance of the said Commissioners, for payment thereof, in manner above-written: And if payment be not made within the dayes contained in the charge, so that the Commissioners be forced to pound therefore, Then and in that case, it shall be lawfull to pound for the double of the summe char­ged for, by and attour the Sheriffe. And that no suspension passe thereupon, but upon consignation allanerlie, and if the suspension dis­cusse against the suspender, in that case the suspender shall be ordained to make payment to the Commissioners of the double of the summe charged for by and attour the Commissioners others charges, and ex­pences in discussing the suspension, And this Act to take effect, for the commissioners of this present Parliament, and all Parliaments [...]ereafter.

ACT XIX. ACT IN FAVOURS OF THE COMMIS­sioners for the Sherifdome of Sutherland, 11. November, 1641.

OUR Soveraign Lord and Estates of Parliament, con­sidering that by an Act of the date of thir presents made anent the expences of Commissioners of Shires passing to Parliaments, or Generall Councels and Conventions, allowance shall be given to the saids Commissioners for their whole charges and expen­ces, in manner specified in the said Act: And that the daily allowance appointed for ilk Commissioner, in manner men­tioned and divided in the said Act, after the rising of the saids Parlia­ments, or generall Councels, shall be calculate and put in a summe by the Clerks of Parliament, under their hand, to be divided and im­posed proportionally upon the whole Freeholders of the Kings Ma­jesty and the Prince, according to the stent of their lands lying within the Shire: And that letters be direct thereupon by the Lords of Session to charge the saids Freeholders of his Majesty and Prince, to conveen at the head Burgh of every Shire upon a special day, for dividing & setting down the proportion thereof, in maner foresaid, as the said Act made in favours of the said whole Commissioners of small Barons and Shires at more length bears. And his Majestie and the saids Estates, considering, that in the Parliament in the year of God 1633. a particular Act of Par­liament was made in favours of the Free Barons, and others Inhabitants within the Sherifdome of Sutherland, giving power to them to elect and choose their own Commissioners for the said Sherifdome, to com­peir at Parliaments, meetings, and generall Conventions within this kingdom, at all occasions, And considering likewise, that by the said Act, made in favours of the saids whole Commissioners, the Commissioner chosen and attending this present Parliament for the Sherifdome of Su­therland, and the Commissioners who shalbe chosen and sent from the said Sherifdome of Sutherland to attend thir Parliaments, Generall Councels, and other Generall meetings and Conventions of Estates hereafter in all time comming, shall have no allowance of their expen­ces and charges to be depurst by them in the said service, albeit the said Shire be one of the remotest and farthest distance in the Kingdome: Because there is onely two Inhabitants within the said Shire holding Lands of the Kings Majesty, the whole remanent heritors being ei­ther Vassals to the Earle of Sutherland, or holding their Lands of some other Superiour: And so according to the said generall Act, the al­lowance of the Commissioner of that Shire cannot be divided, not imposed for payment and satisfaction of his charges and expences, ex­cept the samine be extended against the Heritors, Fewars, and Free­holders within the said Sherifdome, holding lands of other Superi­ours in manner under written. Therefore His Majesty, and Estates [Page 99]of Parliament, ordains the allowance appointed by the said generall Act, in favours of the Commissioners of the said Sherifdome of Sutherland, to be extended, divided, and imposed proportionally upon all and sundry Heritors, Fewars, Life-renters, and Free­holders within the said Shire, whether they bee Vassals to his Ma­jesty, or holding their lands of any other Superiours whatsoever, ac­cording to the stent of their lands lying within the said Shire: and that letters be direct thereupon by the Lords of Session, to charge all and sundry the Heritors, Fewars, Life-renters, and Free-holders within the said Shire, holding of any Superiour whatsoever, to conveene at Dor­noch, being the head Burgh of the said Shire, upon a speciall day, for dividing and setting down the proportion thereof, in manner fore­said: With power also to stent all and sundry the saids Heritors, Few­ars, Life-renters, and Free-holders, holding of whatsoever, Superiour within the said Shire, for the tenth penny more of the saids whole summes so calculted for the expences of the letters to be raised there­fore, and others charges in collecting thereof: With certification that such as shall conveene, shall have power to proceed, notwithstanding of the absence of the rest: And that letters of horning and pounding be direct thereupon at the instances of the saids Commissioners for payment thereof, in manner above written: And if payment be not made within the dayes contained in the charge, so that the said Com­missioners shall be forced to pound therefore, then, and in that case it shall be lawfull to pound for the double of the summe charged for by and attour the Sheriffe: And that no suspension passe thereupon, but upon consignation allanerly. And if the suspension shall discusse against the Suspender, in that case the Suspender shall be ordained to make payment to the Commissioners of the double of the sum charged for, by and attour the Commissioners others charges and expences in discussing the suspension: And this Act to take effect for the Commis­sioners of this present Parliament, and all Parliaments hereafter.

ACT XX. ACT ANENT THE NOMINATION And election of the Officers of Estate. 13. November, 1641.

THe which day the Kings Majesty, with advice and approbation of the Estates of Parliament, conveen­ed in Parliament, nominated and elected the persons underwritten to the places and offices of Estates of this Kingdome respective after mentioned, formerly possest by them: viz. Robert Earle of Roxburgh, to the place and office of Privie Seale: William Earle of Lanerk, to the place and office of Secretarie: Sir Thomas Hope of Craighall, to the place and office of his Highnesse Advocate: Sir James Carmichaell, to the place and office of Treasurer depute: and Sir John Hamiltoun of Orbestoun, to the place and office of Justice Clerk, [Page 100]and that ad vitam vel culpam, conforme to the Act of this present Par­liament made anent the election of Officers of Estate, Counsellours, and Sessioners, upon the sixteenth day of September last by-past, Like as his Majesty, with advice and approbation foresaid, gives and di­spones to the forenamed persons, and ilk one of them, ad vitam vel cul­pam, as said is, the foresaids Offices respective above mentioned, where­unto they are nominate and elected in manner foresaid. Together with all honours, dignities, profits, benefits, liberties, and priviledges, which have beene possest and bruiked by any preceding Officers of E­state, of the foresaids offices above written, and which may be now bruiked by the Lawes of this Kingdome: And ordaines a gift to be past and exped under his Highnesse great Seale to ilk one of the per­sons above named, of the foresaid offices respective above written, whereunto they are nominate and elected, in manner before re­hearsed.

ACT XXI. ACT ANENT THE NOMINATION AND Election of Sir Alexander Gibson, to be Clerk Re­gister. 13. November, 1641.

THe which day the Kings Majestie, with advice and ap­probation of the Estates of Parliament, nominated and elected Mr. Alexander Gibson younger of Durie, to the place and office of Clerk of Register of this his Highnesse ancient and native Kingdome of Scotland, and that ad vitam vel culpam, conform to the Act of this present Parliament, made anent the election of Officers of Estate, Counsellers and Sessioners, upon the sixteenth day of September last by-past: Like as his Majestie, with advice and approbation foresaid, gives and dispones to the said Mr. Alexander Gibson younger of Durie, ad vitam vel culpam, as said is, the foresaid office of Clerk of Register, with all honours, dignities, priviledges, profits, casualities and liberties, pertaining to the said office, conforme to the foresaid Act, and to the gift to be granted to him of the samine office under his Highnesse great Seal, to be bruiked and possest by him as the samine hath been possest and bruiked by any preceding Clerk of Register, and which may be now bruiked by the Laws of this Kingdome, And ordains a gift to be past and exped under his Highnesse great Seal, to the said Mr. Alexander Gibson, of the foresaid office of Clerk of Register, with all honours, dignities, profits, casualities, liberties and priviledges, belonging thereto.

ACT XXII. ACT ANENT THE NOMINATION AND Election of the Councellors. 13. Novem. 1641.

THe which day the Kings Majestie, with advice and approbation of the Estates of Parliament, conveened in playne Parliament, nominated and elected the Per­sons under-written, viz. Lord Lowdoun Chancellour, Duke of Lennox, Marques of Hammiltoun, Earle of Argyle, Earle Marshall, Earle of Sutherland, Earle of Mar, Earle of Mortoun, Earle of Eglintoun, Earle of Cassils, Earle of Glencairne, Earle of Murray, Earle of Perth, Earle of Dumfermling, Earle of Wigtoun, Earle of Kinghorne, Earle of Roxburgh, Earle of Seaforth, Earle of Lauderdale, Earle of Lothian, Earle of Kyn­nowll, Earle of Southesk, Earle of Weymes, Earle of Dalhoussie, Earle of Findlater, Earle of Lanerk, Earle of Levin, Lord Angus, Lord Lindesay, Lord Yester, Lord Sinclare, Lord Elphingstoun, Lord Balmerino, Lord Burghlie, Lord Amont, Lord Balcarras, the Clerk of Register, Ad­vocate, Justice Clerk, Thesaurer depute, Master of requests, Sir Robert Gordoun, Sir William Douglas of Cavers, Sir Patrik Hepburne of Wauche­toun, Laird of Dundas, Laird of Fintrie, Laird of Cambo, Laird of Dun, Laird of Innes, Laird of Morphie, and the Provest of Edinburgh, for the time being, To be of the Councell ad vitam aut culpam, conform to the Act made in this present Parliament, upon the 16. day of Sep­tember last by-past, anent the nomination and election of the Officers of Estate, Counsellors and Sessioners, and conform to the Commission to be granted by the Kings Majestie, with the advice and approbation of the Estates of Parliament, to the saids Lords and others of his Ma­jesties secret Councell above named, for government of this Kingdome in all affairs, concerning the peace, good and happinesse thereof, which by the Lawes and Custome of this Kingdome, pertaine to his Majesties secret Councell: Like as his Majestie, with advice and approbation fore­said, likewise nominated and elected the Earle of Arrundel, the Earle of Pembroke, the Earle of Salisbury, and the Earle of Holland, to be super­numerarie Counsellors of his Majesties Privie Councell of this King­dome, and to be contained in the foresaid commission to be granted to the Councell, as supernumerarie there-intill: And his Majestie, with ad­vice and approbation foresaid, gives and grantes to the saids Coun­sellors above named, and every one of them, all honours, dignities, li­berties, immunities, and priviledges whatsoever belonging to the Lords and others of his Highnesse Privie Councell of this his ancient and native Kingdome, To be bruiked and possest by them, siclike and with all respects, as the samine have beene bruiked by any preceding Counsellers of his Majesties Privie Councell foresaid, and which may be now bruiked and enjoyed by them, by the Laws of this Kingdome, conforme to the foresaid Act of the sixteenth day of September last by-past, and to the commission to be granted to the saids Lords, and others of his Majesties Privie Councell, as said is.

ACT XXIII. ACT ANENT THE NOMINATION AND Election of the Lords of Session ordinary and ex­traordinary. 13 November 1641.

THe which day the Kings Majestie, with advice and ap­probation of the Estates of Parliament, conveened in plaine Parliament, nominated and elected, Sir George Erskene of Innerteil, Sir Alexander Gibson of Durie, Sir Andro Fletcher of Innerpeffer, Sir John Hamiltoun of Orbestoun, Justice Clerk, Sir James Carmichaell, of that ilk The saurer depute, Sir James Leirmonth of Bal­comie, Sir James Macgill of Crastoun Riddell, Sir George Halyburtoun of Fodderance, Sir John Hope of Craighall, Sir John Scot of Scottistatbet, Sir Alexander Falconer younger of Hackertoun, Sir John Leslie of Newtoun, and Sir Thomas Hope of Kerse, Knights, Mr. Archibald Johnstoun of Warri­stoun, and Mr. Adam Hepburne of Humbie: To be the fifteen ordinair Lords of Session, and Senators of the Colledge of Justice, and that ad vitam vel culpam, and Judges for administration of Justice, to the lieges, conform to the foundation and erection of that Soveraigne Ju­dicatorie of the Colledge of Justice: Like as his Majestie, with advice and approbation of the saids Estates of Parliament, gave and disponed, and hereby gives and dispones to the saids fifteen ordinair Lords of Session above named, and to ilk one of them, ad vitam vel culpam, as said is, the fifteen ordinarie places of the said ordinair Lords and Se­nators of the Colledge of Justice, with all fees, honours, dignities, pro­fits, casualities, immunities, liberties, and priviledges whatsoever, pertaining, and belonging to the ordinair Lords and Senators of the Colledge of Justice, and their places thereof to be bruiked, and possest by the persons above named, now nominate and lected thereto, as said is: And ilk one of them siclike, and with all respects and privi­ledges, fees, casualities, immunities, liberties, and profits whatsoever, as the samine hath beene possest and bruiked by any preceding Lords and Senators of the said Colledge of justice, and which the saids Lords and Senators foresaids may now bruike and enjoy by the Lawes of this Kingdome, and that ad vitam vel culpam, conforme to the Act of this present Parliament made hereanent upon the sixteenth day of September last by-past. Like as his Majestie, with advice and appro­bation foresaid, likewise nominated and elected Archibald Earle of Argyle, Archibald Lord Angus, John Lord Lindsay, and John Lord Balmerino, to be the foure extraordinair Lords of Session, and Sena­tors of the said Colledge of justice, conforme to the foresaid Act made anent the nomination and election of the Officers of Estate, Counsel­lours, and Sessioners, of the date the 16. day of September last by-past. And His Majesty, with advice and approbation of the saids Estates, gave and disponed, and hereby gives and dispones to the saids foure ex­traordinair Lords of Session above named, and to ilk one of them, [Page 103]the foure extraordinair places of the saids extraordinair Lords and Senators of the Colledge of justice, with all honours, dignities, im­munities, liberties, and priviledges whatsoever, belonging to the ex­traordinair Lords of Session, and their places thereof, to be bruiked and possest by the foresaids foure Lords above named, now nomina­ted and elected thereto, siclike and with all respects as the famine have beene possest and bruiked by any preceding extraordinair Lords of the Session, and which may be now bruiked and enjoyed by them by the Lawes of this Kingdome.

ACT XXIV. COMMISSION FOR REGULATING The common burthens of the Kingdome. 15. November, 1641.

OUR Soveraign Lord and Estates of Par­liament, Considering, that during the time of the late troubles of this Kingdom, there were many great summes and bur­dens contracted, undertaken and advanced for the outreiking and maintenance of the Armies, and for other publike affaires: As likewise considering that the courts of the common burdens of the Kingdome, and the accounts of the tenth penny, and of the other debts, resting due and payable to the publike: Together with the accounts and intromissions of all Commissioners, Collectors, & o­thers persons, who have had any charge or intromission with any thing pertaining to the publike, aswell in the Countrey as at the Army, and other parts abroad, are not yet fully closed, cleared, counted for, payed, nor reduced in order: And seeing it is absolutely necessary, that all the debts contracted and advanced for the publike use, either within the Kingdome or without the famine, be known, satisfied, payed, and relieved, As also that every thing resting to the publike, be counted for, payed and brought in for reliefe of the common bur­thens, and that the whole counts of the Armies, and other counts within and without the Kingdome, together with the accounts of the monthly maintenance of the Army, and Brotherly assistance granted by the Parliament of England, for reliefe of the common burthens of this Kingdome, at least so much thereof, as is already payed, be all cleared, fitted and closed, and that the rest and superplus of the said brotherly assistance yet resting, may be craved, uplifted and received for the publike use: And it being likewise necessary, that all and every per­son, who have had any trust and intromission with any thing pertaining to the publike, either within the Country, or at the Armie, or any o­ther place, be called to an account, for their intromission: and that the Generall Officers, and others, who have served in the publike be satis­fied [Page 104]and recompensed for their service, according to their demerits, As also that the losses sustained, by the particular persons whose ships and goods were taken at Sea, either in England or Ireland, be taken to consideration, To the effect, that the whole burthens and debts resting by the publike being knowne, and all that is due to the publike being counted for, payed and brought in for relief of the common burthens, the estate and condition of the publike affairs may be the better known, and according lie such course taken thereanent, as may best conduce for the good and weale of the country: And seeing the clearing and set­ling of the premisses will necessarily draw to such a length of time, as his Majesty and the Estates of Parliament, cannot in this present Parli­ament receive, call for, nor examine the saids accounts and common burthens of the Kingdome, and settle and order every thing concern­ing the same; In respect whereof, Our said Soveraign Lord and E­states of Parliament, have found it necessary and expedient, that a se­lect number of the severall Estates of the Kingdom, be nominated, au­thorised and appointed, for clearing and setling of the whole premisses, and for directing, setling and ordering of every thing which may con­cerne the same, Or which may offer and come in consideration there­anent. Therefore His Majestie and Estates of Parliament presently con­veened, do by vertue of thir presents, elect, nominate, choose, autho­rise and appoint the persons after specified, viz. John Earle of Lowdoun, High Chancellour of Scotland, Archbald Marques of Argyle, Alex­ander Earle of Eglintoun, John Earle of Cassils, William Earle of Glencairne, John Earle of Lauderdaill, William Earle of Lothian, John Earle of Lindesay, David Earle of Southesk, Iames Earle of Findlater, Iohn Lord Sinclair, Iohn Lord Balmerino, Robert Lord Burghlie, George Lord Forrester, Sir Charles Erskene of Bandeth, Sir David Hoome of Wedderburne, Sir Robert Innes of that ilk, Sir George Dundas of that ilk, Sir William Cunyngham of Capringtoun, Sir Iohn Wauchope of Nidrie, Sir Alexander Erskene of Dun, Sir Gilbert Ramsey of Balymayne, Sir Duncane Campbell of Auchinbrek, Sir William Forbes of Craigievare, Sir Robert Greirsone of Lag, Master George Douglas of Bonjedburt, William Rig of Ethernie, Alexander Gordoun of Earlstoun, Iohn Binnie Bur­ges of Edinburgh, Thomas Durham Burges of Pearth, Patrik Leslie Bur­ges of Aberdene, George Bell Burges of Linlithgow, Patrik Bell Burges of Glasgow, Iames Sword Burges of Saint Andrewes, Iohn Kennedye Burges of Air, Iohn Sempell Burges of Dumbartane, William Glendoning Burges of Kirkcudbright, Iames Scot Burges of Montrose, Master Robert Barclay Burges of Irving, Iames Anderson Burges of Couper, George Gardine Burges of Bruntiland, and Master Alexander Dowglas Burges of Bamff, Together with Alexander Earle of Levin, and Sir Adam Hepburne of Humbie, one of the Senatours of the Colledge of Justice, whom His Majestie and Estates of Parliament adde to the foresaid number, as ordinair members with the rest, to be Commissioners from his Majesty and the Parliament, to the effect above and after specified: Of the which persons, any twelve of them shall be a Quorum, there being alwaies three of them of ilk Estate: To whom our said Soveraign Lord and Estates, and whole body of the present Parliament, Gives, grants, and [Page 105]commits full power, warrant and commission, to meet and conveen within the burgh of Edinburgh, or such other places as they shall think expedient, Betwixt and the [...] day of [...] next to come at farthest: and there to call for, examine, consider, cleare, fit, allow and count the whole debts and burdens contracted, and undertaken, advanced, furnished and applyed for the publike use, And siclike, with power to them, to reduce the whole debts, counts and burdens resting by the publike, either within the Kingdome or without the famine, to be a full and compleat order: And for that effect, to call all persons interest and concerned therein before them, for the better trying, clea­ring and expeding of the famine, or of any difficultie which may offer and occurre in the setling and clearing of the saids common burdens and debts: And with power to the saids Commissioners or Quorum foresaid of them, to fit, examine, close, settle, controll and allow the whole counts and intromissions of all commissars, collectors and their deputes and substitutes, and of all other persons who have had any charge, trust, intromission or medling with any thing pertaining to the publike, or in any publike trust and charge, either within the King­dome, or without the famine, not already approven and allowed by the late Committees of Estate, or either of them: And for that effect Our said Soveraigne Lord and Estates of Parliament, grants full power and warrant to the saids Commissioners, to call before them or their Quo­rum foresaid, all commissars, collectors and others, who have had a­ny trust, intromission, or medling, or who are resting any thing due, and pertaining to the publike, at such dyets and times, and in such manner as they shall prescribe and find expedient, And to cal for, examine, con­troll and allow the whole regiment counts, and other counts of the Armie, within and without the Country, with the accounts of all Victuall, Money, Goods, or other commodities and furniture fur­nished, received, expended and given out for making up, outreiking and entertainment of the armies, and of all other publike expeditions and imployments, and to allow and disallow of the famine as they shall find them to be just and reasonable, And with power to the saids Commissioners and their Quorum foresaid, to nominate and appoint Collectors, Commissars, and all other publike servants necessary for clearing, ingathering and recovering of the publike dues, debts and rests due, and payable to the publike, and to prescribe orders to them, and to call all others, either authorized already, or to be appointed by them, And to prescribe, direct, and give forth such orders, letters, execution, and other dispatches for clearing of the whole premisses, and for recovery of the debts and burdens resting to the publike, as they shall think expedient, And with power to the saids Commissioners or such as shall be authorized and warranted by them or their Quorum foresaid, to crave, receive, uplift and intromet with that summe of two hundred and twenty thousand pounds sterling yet resting, unpayed by the Parliament of England, of the foresaid brotherly assistance, promi­sed and obliged to be payed by the Kingdom of England, for relief and defrayment of the saids common burdens of this Kingdome, and to grant discharges upon the receipt thereof, in whole, or in part, which [Page 106]shall be als sufficient as if the famine were granted by his Majestie, and the whole body of the parliament of this Kingdom, And with power to them to settle, accord and agree upon wayes and meanes, how the said brotherly assistance may be most timously and commodiously payed and advanced for defrayment and relief of the saids common burthens, either by exchange, advancement, or any other manner of way, which may be most conduceable for the relief and good of the publike, And with power to the saids Commissioners or their Quorum foresaid, to take an exact count of the whole ammunition, artillery, armes, & other furniture, either brought home, made, or brought within this Kingdom for the use, and upon the common expences of the publike, and for the reiking out of the Armies and Regiments of foot and horse, and to take course and prescribe orders for keeping and preserving thereof, for the use and defence of the Kingdome, and to appoint and constitute such persons of trust and best experience for keeping and preserving of the famine, as they shall think expedient, and to appoint and allow to them convenient fees and maintenance for the same, As also with pow­er to them to take consideration and course anent the saids losses sustai­ned by particular persons in their ships and goods taken at Sea, either in England or Ireland, With power also to them to consider every man his losses, that they sustained for the publike, and accordingly give them such satisfaction as they shall find just and reasonable, that they have sustained in spuilyes, robbery and hearships by the enemies of the coun­trey, And as moneyes and other commodities due to the publike can be gotten in, With power to them, to give orders for distributing thereof for defraying of the saids common burthens: and where moneys can­not be gotten in timouslie for reliefe and payment foresaid, With pow­er to the saids Commissioners or their Quorum, to borrow and lift mo­neys where ever the famine may be had, for relief and payment of such urgent debts and creditors of the publike as cannot suffer delay. Which summes so to be lifted and imployed for the use and effect foresaid, His Majestie and Estates of Parliament declares hereby to be the pub­like debts and burdens of the country, and binds and obliges the estates and whole body of this Kingdome, to pay and defray the same, and to relieve the saids commissioners or any other persons who shall give bands or securities for the same, of the foresaids summes and bands, and of all perill and danger that may follow thereupon: and siclike, with power to the saids commissioners and their Quorum foresaid, to give orders, for valuing of all Presbyteries, Paroches, Lands, and o­ther Rents and trade not already valued, Conforme to the preceding statutes, acts and orders made there anent, to the effect, that the tenth peny thereof may be known, and payment may be exacted according­ly. Like as his Majestie and Estates declares, that such persons, pres­byteries, burghs and others, who are yet resting their said tenth peny, are and shall be liable in payment of annuall rents for the same, from the terme of Whitsunday, 1640. yeares, and in time comming, aye and while the compleat payment of the famine: And in respect there was divers and sundry Commissions, Letters, and other executi­on and warrants, directed and given forth by the late Committees of [Page 107]Estates residing at Edinburgh, and by the Commissar principall, and Collector generall, and others having power and warrant for that ef­fect, to Collectors, Commissars, and other publike Servants, for in­gathering and recovering of payment of the debts and rests payable to the publike: which letters and warrants are not yet fully execute, nei­ther yet is there complete payment recovered, conforme thereto. Therefore our said Soveraigne Lord and Estates foresaids, ordaines the famine Commissions, Letters, and other Warrants, emitted and given forth thereanent, to stand in full force: And the persons entrusted with the managing and executing therof, to do their exact and best diligence thereanent, aye and while their warrants be recalled and discharged by the saids Commissioners, or their Quorum foresaid, It is hereby declared that amongst the rest of the common and publick dues and debts due to the publick, that the whole rents of all Bishops and others beneficed persons, whether deposed, fugitives, or opposites to the common cause, for the full cropts and years of God 1639. and 1640. yeares, are and shalbe due to the publike, Together with all rests of the saids rents pre­ceding the said two cropts not truly paid nor discharged, where there are not true Creditors to affect the saids preceding rests: Which Creditors shall have preferance from the saids rests of the cropt 1638. and pre­cedings allanerly. And farther, if there be any part of the saids rents uplifted by publike order of the cropt 1641. yeares, his Majesty and Estates foresaids hereby dispences therewith in favours of the pub­like: And generally, our Soveraigne Lord and Estates of Parliament doe hereby grant full power, warrant, and commission to the saids Commissioners, and their Quorum foresaid, to do, act, exerce, prescribe, prosecute, and follow forth, all and every thing necessary and behoofe­ful, as well for clearing, allowing, fitting, and closing of the whole com­mon burthens and debts due by the country, and contracted and advan­ced for the publike use foresaid, and for reducing them in order, and for relief, payment and defrayment of the famine, and for clearing the accounts of all others, who have had intromission or publike charge either within or without the Country, and for calling of them and all others a debted to the publike in any summes, goods, victual, or other commodities whatsoever, to a full account, and to do, act, and prescribe all other courses, orders and waies necessar, concerning the whole premisses, or concerning any thing which may come in consideration thereanent, or which may fall under the counts of the famine: And what ever debts and burdens shall be approven and allowed by the saids Commissioners or their Quorum, His Majestie and Estates findes and declares the famine to be lawfull debts and burdens, To affect and burden the Estates of this Kingdome, and oblige the saids Estates, and whole body thereof, To pay, relieve and defray the same: Like as what­soever counts shall be approven and allowed, or disallowed by them, the famine shall be sufficient for the exoneration and clearing of the persons comptars and others contained thereintill: And what ever discharges be is granted by them, or any others collectors, commissars, or others, to be substitute, authorized and warranted by them, shall be sufficient exonerations and securities to the receivers of the famine: It [Page 108]is hereby declared, That such counts as are already approved and al­lowed by the late Committees of Estate, or either of them, shall stand good and vallid, and shall not be quarrelled by the saids Commissio­ners, without prejudice to them, to call for, and peruse the famine accounts for the better ordering and cleering of the common counts and burdens of the Kingdome: And with power likewise to the fore­named Commissioners and their Quorum foresaid, to prescribe wayes and rules to the particular shires, presbyteries and divisions for reliefe, stenting and payment amongst themselves, of all publike debursments, advancements and ingagements, contracted, undertaken, furnished, or debursed by the saids shires, presbyteries and divisions, or by their committees of warre, or any particular persons among them, for the common use and behoof of the saids shires, divisions, and presbyteries, either for Armes, the twentieth penny, forty dayes, and Officers pay, or for any publicke use within the saids Shires or Divisions, to the ef­fect that all the Heritors and Inhabitants within the famine may be e­qually stented and burdened with the common burdens of their own Shire and Division where they dwell, and to cause put the saids or­ders for the said common reliefe to due execution. And our Soveraign Lord and Estates of Parliament finding it just and equitable that the saids Commissioners, their charges and expences in attending and ex­ercing of the foresaid trust and commission put upon them, should be payed and defrayed by the publick: Therefore our said Soveraigne Lord and Estates foresaids doe hereby modifie and allow to the saids Commissioners, and ilk one of them, in their severall degrees, accor­ding to the time and space of their attendance respective, the like fees and allowance as were formerly allowed by the Estates conveened in January last, to the members of the late Committee of Estates, conforme to an Act made thereanent of the date the [...] day of the said moneth of January last, Which fees and allowances shall be payed to them, and every one of them, according to the time and space of their exact attendance, to be cleered by the sederunt book of the dyets of their meetings, testified or subscribed by the Clerk of the said Committee or his deputes, under their hands, testifying the time and space of ilk person their attendance, which shall be a sufficient war­rant to the Commissars or Collectors of the publicke dues, to pay the same allowance to the saids Commissioners, ilk one of them for their owne parts: And shall be allowed to the saids Commissars, Collectors, or their Deputes in their accounts. And it being necessary that there be an able, qualified and trusty Clerk nominated and appoin­ted for the foresaid Committee, and for keeping of all the papers, war­rants, records, and registers concerning the whole premisses, And his Majesty and Estates foresaids having the proofe and experience of the trust and abilitie of Robert Hepburne Advocate, for discharging of the foresaid office and place as Clerk to the said Committee: Therefore our said Soveraigne Lord and Estates foresaids doe hereby nominate and constitute the said Robert Hepburne to be Clerke to the said Com­mittee, and ordaines the former fee and allowance appointed for the said Robert as Clerk to the said late Committee of Estates residing at [Page 109]Edinburgh, to continue and be payed to him during his service in the foresaid office: And with power to him to appoint substitutes and de­putes, for whom he shall be answerable for serving in the foresaid place, Granting to him and them, all priviledges, fees, liberties, and immunities belonging to the foresaid office: Which Clerke and his foresaids shall have the charge, trust, keeping and ordering of all the papers, warrants, records, and others which concerne the premisses: And the Acts, extracts, records, and warrants to be subscribed by the said Clerk and his substitutes, shall beare als full faith as the acts or extracts of any other Clerk within this Kingdome. And in like man­ner, with power to the saids Commissioners or their Quorum, to ap­point, allow, and modifie competent fees, allowances, and recompen­ces, to the generall Officers and all others persons who have been em­ployed in the publick service, and whose fees and recompences are not already allowed and appointed: And also with power to them to al­low and appoint such fees and recompences to all others who shall ne­cessarily be imployed and intrusted by them, as they shall find reason­able. And in case any of the above named Commissioners shall happen to depart this life during the indurance thereof, It shalbe leasome to the rest of the saids Commissioners of that Estate, or most part thereof, to elect, nominate, and appoint others in the place of these who shall hap­pen to depart, ilk Estate choosing Commissioners in place of these who shall happen to decease of their own estate. Like as our said Soveraign Lord and Estates of Parliament doe hereby require and command all and every person within this Kingdome, and all others whom the famine may concerne, as they will answer at their highest perill, that they give exact and ready obedience to such orders, warrants, let­ters and directions, as shall be given forth, ordered, and directed by the saids Commissioners, or their quorum foresaid, anent the whole premisses: Requiring also all Sheriffes of Shires, Magistrates of Bur­roughs, Stewards of Stewartries, Bailiffes of Regalities, Provosts and Bailiffes of Burghs, and all others persons whatsoever, upon their highest perill, as they shall be required, to assist and concurre to the executing and obeying of such orders, warrants, and other dispatches, as shall be directed and given forth by the saids Commissi­oners to the effect above specified: With power likewise to the saids Commissioners, and their Quorum, to call for the assistance, advice, and information of any persons within this Kingdome, of whatsoever quality, for cleering of whatsoever questions, doubts, or scruples which may arise & occurre in any particular concerning the premisses, as occasion shall offer, who are hereby required to assist the saids Com­missioners by their presence, counsell, information, and advice, as they shall be desired for that effect. And it is ordained, that horning, pound­ing, and caption, and all other manner of execution personall and reall, shall be directed upon all warrants, acts, and orders of the saids Commissioners, and their Quorum, for the better obeying and executing of the famine: and for the more ready and timous payment of the said publicke dues: Which Commissioners a­bove named are and shall be liable and countable to his Majestie [Page 110]and the Parliament, for their exact diligence, and constant atten­dance, And for their carriage in the right discharging of this pre­sent Commission intrusted to them, and every part and particular thereof, Like as they shall be obliged to report and represent to the next Parliament a full accompt of their proceedings and deport­ments anent the premisses, Together with the true estate and con­dition of the burdens and affaires of the publick, to the effect that his Majestie and the Parliament, after consideration of the premis­ses, and of their proceedings and carriage thereintill, may take such farther course thereanent, as shall be found expedient: And it is al­so hereby declared, That the nomination made by his Majestie and the Parliament of a Clerke to this Commission, is, and shall bee but prejudice of the Clerk of the Registers right to depute Clerks to all other Commissions from the Parliament, seeing the present Clerk Register consented to the Parliaments choosing of a Clerk to this Commission, in respect the present Clerke Register being generall Commissar to the late Armie, is a principall partie to compt to this Commission for his charge and discharge, and so could not depute a Clerk to this judicatorie, where he is to make his own compts.

ACT XXV. ACT OF APPROBATION TO THE Committee of Estates. 15. November, 1641.

OUr Soveraigne Lord, with advice and consent of the Estates of Par­liament, considering that forsa­meikle as the Estates of Parliament in June 1640. for the reasons and considerations at that time mo­ving them, did nominate, elect, choose and appoint umwhile John Earle of Rothes, John Earle of Cassils, Charles Earle of Dum­fermling, John Earle of Wig­toun, William Earle of Lothian, John Lord Lindesay, John Lord Balmerino, Robert Lord Burgh­lie, James Lord Couper, John Lord Loure, Sir Alexander Gib­son of Durie, Sir John Hope of Craighall, Sir John Scot of Scotis­tarbet, Senators of the Colledge of Justice, Sir Patrik Hep­burne of Wauchtoun, Sir David Home of Wedderburne, Sir Patrik Murray of Elibank, Sir Patrik Hamiltoun of Little-prestoun, Sir William Cunyngham of Capringtoun, Sir William Douglas of Cavers, Sir Thomas Nicholson of Carnok, James Chalmers of Gadgerth, [Page 111]Sir Thomas Hope of Kerse, — Drummond of Riccartoun, John Forbes of Leslie, Mr. George Dundasse of Maner, John Smyth, Edward Edgar, Thomas Paterson, Richard Maxwell, Burgesses of Edinburgh, Mr. Alexander Wedderburne Clerk of Dundie, Mr. Alexander Jaffray, Burgesse of Aberdene, or Mr. William More, in his absence, William Hamiltoun, Bailiffe of Linlithgow, James Sword, Burgesse of Saint Andrewes, George Porterfield, Bailiffe of Glasgow, Hugh Ken­nedie, Bailiffe of Air, James Scot, Burgesse of Montrose, and John Rutherfurd, Provest of Jedburgh, and certaine other persons to be Commissioners from the saids Estates, to whom they gave and granted full power, warrand, and commission, to doe, order, direct, act, and put in execution every thing necessarie, expedient and incumbent, as well for the preservation and maintenance of the Armies, both Horse and Foot, by Sea and Land, as for the ordering of the Countrey, and whole Bodie and Inhabitants thereof, deciding of questions and de­bates, which should happen to arise, or fall out in any businesse, which should occasion or offer within the Kingdome, concerning the peace and quiet thereof: But prejudice of the ordinarie judicatories, esta­blished within this Kingdome, by Acts of Parliament, And with power to them to borrow, up-take, and levie moneys for the use of the pu­blick, and to give, and prescribe order and directions for disbursing thereof: And generalitie, did give them full power, To doe all and sun­drie other things, requisite anent the ordering, directing, managing, prosecuting, and executing of all affaires and businesse of this King­dome, which might or should conduce to the weal of the famine, or any part thereof, and which might, or could be needfull to be done by them for maintenance, and preservation of the religion, and liberties of this Kingdome, anent the premisses, as the said commission, of the date the 11. day of June, 1640. in the same at more length beares: And siclike, the saids Estates did nominate and constitute Mr. Adam Hep­burne of Humbie, to be Clerk to the said Commission, and gave him power to substitute deputes, one or more: And his Majesty, and the saids Estates, now presently conveened, having taken to consideration the paines taken by the saids Noble-men, Barons, Burgesse, and other particularly above rehearsed, als well these who remained at Edin­burgh, as these who went along with the Armie, and resided at the Camp, or sent as Commissioners to Rippon and London, and of the said Mr. Adam Hepburne, and Robert Hepburne his Colleage, who served as Clerks in the said Commission: They find that they have walked uprightly, faithfully, diligently and carefully, in the discharge of the said Commission, answerable to the trust imposed upon them, And therefore his Majesty, with advice and consent of the saids Estates, hath approven, and by thir presents approves their proceedings and carriage therein, And declares them, and every one of them, to have done good service to his Majesty, and this Kingdome, and that they have behaved themselves as good Christians, loyall Subjects, and well deserving Patriots.

ACT XXVI. ACT FOR RELIEFE OF THOSE WHO Have given band for the use of the publike. 15. November, 1641.

OUR Soveraigne Lord and Estates of Parliament, Considering that the members of the late Commit­tees from the saids Estates of Parliament, to whom the furnishing of the Armes, and all other necessary expences concerning the publike was intrusted, con­forme to the power and commission given to them, as likewise others, who were not of the Committee, and also the generall Commissar or his deputes, Having borrowed and undertaken great summes of money for the necessair use and behoof of the publike, for the which summes and debts, contracted by the saids Committees, They have given security to the parties, partly by publike acts, in name of the Estates, And where many persons were difficile and scrupulous, to advance and lend moneys, and other ne­cessairs upon the publike security, These of the saids Committees, and others foresaids, have given their owne particular bands, and have mo­ved divers others persons to give band and security to the lenders of the saids summes, bearing borrowed money without any relation to the publike: Likeas divers Noblemen, Barons and Burrowes, and others, before the establishing of the saids Committees of Estates, did willingly, for advancement of the publike service, give their particular bands for great summes of money for the publike use, and which were given in to the Commissars and Collectors, and counted for by them in their accounts, whereby the forenamed persons who have granted such bands, may be distressed for payment of the saids summes, at the instance of the persons to whom they are bound, So as for their furthe­rance and affection to the advancement of the publike service, their E­states and Credit may both be indangered, unlesse remeed be provided: And his Majesty & Estates foresaid, being careful that neither the mem­bers of the saids Committees, nor any others persons may suffer preju­dice in their estates or credit, by or through any bands granted by them to any persons for lent money, silver plate, or any other necessary com­modity, furnished and advanced for the publike use, But that they and e­very one of them, their heires and executors, be freed and relieved by the saids Estates of the famine, and of all dammage, perill and dan­ger which they may incurre and sustaine there through, It being made appear, that the summes of money, or other commodities, for the which they have given band, as said is, are counted for, or applyed for the use of the publike, and approven by publike act, order and warrand: Therefore Our said Soveraign Lord and Estates of Parliament, by ver­tue of this present Act, do hereby bind and oblige the Estates of this Kingdom, to warrand and relieve the saids members of the said Com­mittees of Estate, and all others persons whatsoever, who have given [Page 113]band and security for any summes of money, or other commodities for the use of the publike, and whereof count and reckoning is, or shall be made and approven, whereby it may appear, that the famine are im­ployed for the use of the publike, by publike warrand, as said is: And for their better relief of the same, The saids Estates of Parliament, binds and obliges them and the whole body of this Kingdom, to make paiment to the persons creditors, to whom the said bands and securities are given of the same summes, and others commodities or prices there­of, and that at the termes of payment, appointed by the saids bands, with the interest thereof, conforme thereto in all points, And to pur­chase and deliver to ilk person so bound, as said is, their saids bands gi­ven by them, or sufficient discharges of the famine, with all conveni­ent diligence, and in the mean time to keep them harmlesse and skaith­lesse of the famine bands, and of all execution, perill and danger which may follow thereupon: So being that the summes and goods contained in the saids bands have been applyed to the publike use, by publike or­der and warrant, as said is, and are, or shall be counted for, & approven in the accounts of the common burdens of this Kingdom: Which bands so contracted and undertaken, are hereby declared to be publike debts upon the Estates, and shall affect and burden them, notwithstanding that the famine be given by particular persons, without relation to the publike, in manner foresaid.

ACT XXVII. COMMISSION FOR RECEIVING OF THE Brotherly assistance from the Parliament of England, 15. November, 1641.

OUR Soveraigne Lord, and the Estates of this present Parliament, Considering that of the brotherly assi­stance promised, and obliged to be payed by the Par­liament and Kingdome of England, to this Kingdome of Scotland, for relief and defrayment of the common burdens and losses of the famine, There is yet resting the summe of two hundreth and twentie thousand pounds sterling money, conforme to the articles of the late treatie, and an act of publick faith, granted by the Parliament of England, for payment thereof, at the termes therein contained: Therefore our saids Soveraigne Lord and Estates of Parliament, Doe hereby grant full power, warrand, and commission, and appoints, nominants, and au­thorizes the persons particularly after nominated, viz. John Earle of Lowdoun, Chancellour of Scotland, Archbald Marques of Argyle, Alexander Earle of Eglintoun, John Earle of Cassils, William Earle of Glencairne, John Earle of Lauderdail, William Earle of Lothian, John Earle of Lindesay, David Earle of Southesk, James Earle of Findlater, John Lord Sinclair, John Lord Balmerino, Robert Lord Burghlie, [Page 114]George Lord Forrester, Sir Charles Erskene of Bandeth, Sir David Home of Wedderburne, Sir Robert Innes of that ilk, Sir George Dun­das of that ilk, Sir William Cunyngham of Capringtoun, Sir John Wauchope of Nidrie, Sir Alexander Erskene of Dun, Sir Gilbert Ram­say of Balymayne, Sir Duncane Campbell of Auchinbrek, Sir William Forbes of Craigievare, Sir Robert Griersone of Lag, Mr. George Dou­glas of Bonjedburgh, William Rig of Ethernie, Alexander Gordoun of Earlstoun, John Binnie Burgesse of Edinburgh, Thomas Durham Bur­gesse of Pearth, Patrik Leslie Burgesse of Aberdene, George Bell Bur­gesse of Linlithgow, Patrik Bell Burgesse of Glasgow, James Sword Burgesse of Saint Andrewes, John Kennedye Burgesse of Air, John Semple Burgesse of Dumbartane, William Glendoning Burgesse of Kirkcudbright, James Scot Burgesse of Montrose, Mr. Robert Barclay Burgesse of Irving, James Anderson Burgesse of Couper, George Gar­dine Burgesse of Bruntiland, and Mr. Alexander Dowglas Burgesse of Bamff, Together with Alexander Earle of Levin, and Sir Adam Hep­burne of Humbie, one of the Senators of the Colledge of Justice, whom his Majesty and Estates of Parliament addes to the foresaid number as ordinair members with the rest, to be Commissioners from his Majesty and the Parliament, to the effect after specified, Granting and committing, like as his Majesty and Estates foresaids, doe by vertue of thir presents grant full power, warrand and commission to the fore­named persons, or to any twelve of them, who shall be a quorum, there being alwayes three of them of ilk estate, either by themselves, or by such others persons, as shall be intrusted and authorised by them, or their Quorum foresaid, for that effect, to crave, receive, uplift, and in­tromet with the foresaid summe of two hundreth and twentie thou­sand pounds sterling money foresaid, yet resting unpayed of the said brotherly assistance, promised and obliged to be payed by the said Par­liament of England, in manner foresaid: And with power to the saids Commissioners, or such as shall be appointed by them, as said is, to give and grant discharges upon the receit of the said summe in whole, or in part, which shall be als vallid and sufficient, as if the famine were granted by his Majestie, and whole body of this present Parliament, And with power to them, to setle, accord and agree upon the best wayes and courses how the said brotherly assistance may be most timously & con­veniently payed at the termes of payment appointed for that effect, or otherwise, how the famine may be advanced, either by exchange or o­therwise, for defrayment and reliefe of the saids common burdens, as may be most conducible for the reliefe and good of the publick. And whatever acquittances or discharges the forenamed persons, or such o­ther persons as shall be authorized by them, shall grant & subscribe up­on the receit of the said summe, or any part thereof, or whatever other course they shall accord and agree upon concerning the famine, his Majesty and the Estates of Parliament doe by these presents approve and authorise the same, and if need bee, shall ratifie the famine in the next ensuing Parliament: And generally, our said Soveraigne Lord and Estates foresaids, grants and commits full power and commission to the forenamed persons and their Quorum foresaid, and to these who [Page 115]shall be authorised by them, as said is, to doe, exerce, accord, and agree upon all, and every thing necessary, anent the payment and recoverie of the foresaids summes, and every thing else, which may concerne the samine, in all respects needfull and expedient, Whereanent our said Soveraigne Lord and Estates of Parliament, declares that thir presents shall be a good and sufficient warrand for them, and all others whom the samine may concerne, the forenamed Commissioners, and these to be authorised and appointed by them for the effect above spe­cified, being alwayes comptable and answerable for their carriage and proceedings in the premisses.

ACT XXVIII. ACT AGAINST GOING OF Salt-pans and Mils on the Lords day, and other prophanations of that day. 15. November, 1641.

OUR Soveraign Lord and Estates of Parlia­ment, Considering notwithstanding the Acts of the Generall Assembly, ratified in this present Parliament, June 1640. against the prophaning of the Lords day, by go­ing of Salt-pans, Salmond fishings, Kils, Mils, and hyring of shearers on the said day, yet the saids abuses are not left off, but rather increased: Therefore Our Soveraign Lord and Estates foresaids, for the better restraint of the saids abuses and prophanations, do againe inhibite and discharge all going of Salt-pans, or Mils, and all working of works thereintill upon the Lords day, and all hyring and conditioning of shearers on the said day, and that under the paines and penalties fol­lowing, to be payed to the particular Sessions of every paroch wherein the abuses before specified are committed, to be imployed to pious uses, viz. The summe of twenty pounds for ilk day foresaid, working in manner foresaid, of ilk Salt pan; of ilk dayes fishing of Salmond; and of ilk Mill; to be payed by the heritors and possessors thereof, for the time, and the masters to be answerable for their servants, And the summe of ten pounds for ilk shearer and fisher of Salmond on the Lords day; the one halfe to be payed by the hyrers and conducers, the other halfe by the persons hired, toties quoties: And ordaines the magistrates of the town, to keep the transgressours in ward while they pay the said penalties, for the which the Magistrates shall be answerable to their sessions. And further, Our said Soveraign Lord and Estates, do hereby inhibite and discharge all Markets, using of Merchandize, carrying of loads upon the Lords day, and all other prophanations or abuses there­of whatsoever. And that under the same pain of ten pounds, to be payed [Page 116]by every transgressour to their Sessions respective, for the uses foresaid toties quoties: And ordaines the saids penalties respective above specified, to be exacted, by and attour the confiscation of the salt, corne, mar­chandize, loads, and other goods whatsoever, imployed, used, gayned, or made and wrought, in the prophaning and a busing of the said Lords day, which paine is also hereby ordained, And if the transgressours be not able to pay the penalties foresaids, ordaines them to be punished exemplarly in their bodies, according to the merit of their fault, toties quoties.

ACT XXIX. ACT ANENT THE NOMINATION AND Election of Sir James Galloway to be Master of Requests. 15. November. 1641.

THe which day the Kings Majesty, with advice and approbation of the Estates of Parliament, nominated and elected, Sir James Galloway, to be Master of Requests, of this His Highnes Ancient and Native King­dome of Scotland, and that ad vitam vel culpam, conforme to the Act of this present Parliament made anent the Election of Officers of Estate, Councellours and Sessioners, upon the sixteenth day of September, last by past: Like as His Majestie, with advice and approbation foresaid, Gives and dispones to the said Sir James Galloway, ad vitam vel culpam, as said is, the foresaid office, To be Master of Requests of this His Majesties Kingdome: With all Honours, Dignities, Priviledges, Pro­fits, Casualities and Liberties pertaining to the samine office, which have been possest and bruiked by any preceding Master of Requests, and which may be now bruiked by the Lawes of this Kingdome: And ordains a gift to be past and exped, under his Highnes great seale, to the said Sir James Galloway, of the foresaid office: With all Honours, Dignities, Profits, Casualities, Liberties and Priviledges pertaining and belonging thereto, as said is.

ACT XXX. ACT ANENT THE COMMISSION FOR Plantation of Kirks, and Valuation of teinds. 15. November, 1641.

OUR Soveraign Lord and Estates of Parliament, Consi­dering the humble Supplication of the general Assem­bly, presented by the Commissioners thereof, for plan­ting of Kirks, uniting or dis-uniting of Paroches, and for other pious and good workes mentioned therein­till: For the which, and other causes after specified, It is necessair, That power & commission be given from His Majesty and Estates to the effect under-written, And therefore His Majesty and Estates foresaid, have granted, and by these presents grant full power & commission to the persons after following, viz. Iohn Lord Lowdoun Chancellour, Archbald Earle of Argyle, Alexander Earle of Eg­lintoun, Iohn Earl of Cassils, William Earle of Glencairn, Iohn Earle of Lau­derdail, William Earle of Lothian, David Earle of Southesk, Iames Earle of Findlater, Iohn Lord Lindesay, Iohn Lord Sinclair, John Lord Balmerino, Robert Lord Burghly, George Lord Forrester, Sir George Dundas of that ilk, Sir Iohn Wauchope of Nidrie, Sir David Home of Wedderburn, Sir William Forbes of Craigievare, Sir Gilbert Ramsay of Balymayn, Sir William Cunyng­ham of Caprintoun, William Rig of Ethernie, Sir Duncan Campbel of Auch­inbrek, Sir Alexander Erskene of Dun, Sir Charles Erskene of Bandeth, Sir Robert Innes of that ilk, Alexander Gordoun of Earlstoun, Sir Robert Griersone of Lag, Master George Douglas of Bonjedburgh, Iohn Binnie for Edinburgh, Thomas Durham for Pearth, Patrik Leslie for Aberdene, George Bell for Linlithgow, James Sword for Saint Andrews, Patrik Bell for Glas­gow, John Kennedy for Air, John Semple for Dumbartan, William Glando­ning for Kirkcudbright, Iames Scot for Montrose, Master Robert Barclay for Irving, Iames Anderson for Couper, George Gardine for Bruntiland, Master Alexander Douglas for Bamff, Robert Earle of Roxburgh Lord Privie-Seal, Sir Alexander Gibson younger of Durie clerk Register, Sir Thomas Hope of Craighall Advocate, Sir James Carmichael, Thesaurer Depute, Sir John Hamiltoun Justice clerk, & Sir Andrew Fletcher of Innerpeffer, Sir Thomas Hope of Kers, and Sir Adam Hepburn of Humbie, three of the Senatours of the Colledge of Justice, To meet and conveene at Halyrude-house, or Edinburgh, or such other places as shall be appointed by them, at such times and dyets as they shall appoint, And to value, and cause value whatsoever teinds, great or small, Personage or Viccarage of whatsoe­ver Lands, and others within this Kingdome, liable to the payment of teinds, of whatsoever nature and quality the famine be of, which are yet unvalued: Providing the Ministers serving the cure, who doe lead tithes, be secured of good and thankfull payment of so much victuall, or mo­ney, answerable to the worth of the saids tithes, as the tithes shall be valued to: And als to receive the reports from the Sub-commissioners appointed within ilk Presbyterie of the valuations of whatsoever teinds of lands and others, lyable to teind, as said is, led and [Page 118]deduced before them, according to the tenor of the Sub-commissions direct to that effect, And to allow or disallow the famine, according as the same shall bee found agreeable, or disagreeable from the tenor of their Sub-commissions, And for the better expeding, and advancing of the saids valuations, with power to appoynt Committees or Sub-com­mittees of their owne number, to receive the reports of the saids valu­ations made, or to bee made, and to receive, admit and examine wit­nesses, And to take parties oath with their depositions, where the same is referred to oath, and to give such farther power to the saids Commit­tees or Sub-committees of their owne number, as they shall think fit for the good of the work and speedy finishing of the same: And siclike, with power to them, if need bee, to appoynt Sub-commissioners who are not of their owne number within any Parochine, or Presbyterie of the Countrey, for leading and deducing of the saids valuations, and to receive the reports thereof, allow, or disallow of the samine: And ge­nerally, with power to them, to set downe whatsoever other order or course, which shall be thought fit and expedient for dispatch of the faids valuations rectifiying thereof, and for finall closing of the same: And siclike with power to the saids Commissioners, or any fifteene of them, there being foure thereof for every Estate, after closing and allowance of the valuations of ilke Kirke and Pa­rish, or at least the exact diligence of the Ministers done to that effect, to appoynt, modifie and set downe a constant, and locall stipend, and maintenance to ilke Minister (his present stipend being allowed in the first end thereof) to bee payed out of the teinds thereof: And to grant augmentations to ilke Ministers of other Kirks nor Bishops Kirkes, who got not the benefit of the former Commission, and have not the full quantity of eight chalders victuall, or eight hundred markes ac­cording to the tenor of the Acts of Parliament made, in anno 1633. wherein that is found to bee the lowest proportion for the maintenance of the Ministers, except such particular Kirkes occurre, wherein there shall bee just, reasonable, and expedient causes to goe beneath the said quantity, which is hereby also referred to the conscionable considera­tion of the Commissioners before exprest, And to grant augmentati­ons to Ministers of Kirkes, which were provided by the former Com­mission, but to a lesse quantity nor eight chalders victuall or eight hun­dred markes in the cases after following allanerly, viz. where the teinds in whole or in part are fewed with the lands cum decimis inclusis, whereby the Ministers were debarred of the full quantity foresaid, or where the valuations already led, the time of the provision of these Kirkes shall happen to bee reduced as unjustly valued, or where it can be proved by writ or oath of party, that the lesse quantity foresaid pro­ceeded from pactions betwixt the Titular and the Ministers, or Titu­lar and Parochiners in prejudice of the Ministers Successors, or where the honest Incumbents for the time were impeded by the Prelates for their never practising conformity, to obtaine the full quantity in the former Commission, albeit there was sufficiency of teinds within the Paroch: In the which cases, or any of them, it is hereby declared, that the Ministers provided by the former Commission, shall bee supplied [Page] [Page] [Page 119]to the full quantity foresaid: Like as hereby it is declared, that all Bi­shops Kirkes, whether or not provided at all, or provided by the for­mer Commission, but beneath the quantity foresaid, shall bee supplied to the full quantity of eight chalders victuall, or eight hundred marks, out of the tithes of their owne Parish, and where the same cannot bee had, then out of the teinds of the other Kirkes of that Bishoprick: And that all Kirks that had greater quantity of stipend before the restitution of Bishops nor they now have (except they have beene diminished by just valuations) shall bee supplied, and brought to the same quantity whereof they were in possession before the said restitution, to bee payed out of their owne Paroch, and where it is in-lacking, to bee payed out of the tithes of the Bishops Kirkes: For the which effect, the Kings Majesty and Estates of Parliament grants power to the Commissioners foresaid or any Quorum of them, and als gives power to the saids Com­missioners, to dis-joyne too large and spacious Kirks, and plant them se­verally, and to cause build, and erect new Kirks, and appoynt compe­tent provisions for the Ministers to change Kirks incommodiously situ­ate, to a more commodious part of the Paroche, to dis-joyne and dis­member such parts and portions of parochins lying contigue, and whereof ane part is farre distant from the proper Paroche Kirke, and more neere and ewest to the next adjacent and contiguous Paroche Kirke, from their owne proper paroch Kirke, from the which the parts and portions are farther distant, and to unite and adjoine them to the other paroch Kirk, to the which they are more ewest: And als to unite Kirks and parochines lying so neere other, and being so little bounds, and small number of Parochiners, that the union of them shall be found more usefull and conducible for the good and ease of the Parochiners of both the Kirks, and their edification: Providing that the dividing of large parochs, the dis-membring of ane part of the saids parochines in case foresaid, and the uniting of Kirks and paro­chines of the qualitie above specified, be done upon the speciall recom­mendation of the Presbyterie, Synod, or Generall Assembly, given-in in writ, and after the Commissioners have cited and heard the Pa­rochiners of both Kirks thereanent, and no otherwise: And to set down a solid order, and take course for furnishing the elements to the Communion twice in the year, or oftner, where they are not provided at all, or not sufficiently provided: And als to take order for paying of the charges of the Commissioners to the generall Assemblies, without burdening the Ministers stipends therewith. And siclike, with power to them to advise, take course, and determine in all things referred to them by any particular act or reference from the generall Assembly to this Parliament, or from the Parliament to them: And because the Kings Majesty, considering that the names and titles of Bishops and Bishopricks by the Acts and Statutes of Kirk and Kingdome, are abo­lished and suppressed, and that thereby the tithes, parsonage and vicca­rage, and teind duties of whatsoever Kirks or Titles, pertaining to the saids Bishopricks, are become in his Majesties hands, and at his Maje­sties disposing, And his Majesty being graciously pleased, out of his pious and royall affection to the maintenance of the true Religion, and [Page 120]puritie thereof, presently established within this his Majesties ancient Kingdome, to take such a course with the saids teinds and teind duties, pertaining to the saids Bishopricks, and of all teinds and Kirks annexed thereto, that the famine may be applied to the use and benefit of the Ministers serving the cure of the saids Kirks, and to the maintenance and supply of Universities, Colledges, and Schools: Like as his Majesty before his comming to this his ancient Kingdome, in his owne royall person, sent and directed his letters to the Generall Assembly of the Kirk, conveened at Edinburgh in July last, whereby his Majesty decla­red his constant purpose and resolution to imploy the teinds of the saids Bishopricks to the uses above specified: And therefore his Maje­sty, according to his royall promise, and for performance thereof, hath declared, and by thir presents declares, by advice and consent of the Estate, that the teinds and teind duties of all and whatsoever Kirkes, parsonage, and viccarage thereof, and teinds of whatsoever nature per­taining to the saids Bishopricks, shall be applied to the maintenance of the Ministrie, and of the Universities and Colledges, and other pi­ous uses, and to no othet use, and that according as the same shall be particularly distributed by the Commissioners foresaid, to whom his Majesty and Estates grants power for this effect, And declares all gifts granted, or to be granted by his Majesty, to whatsoever person or per­sons of the foresaid teinds and teind duties, or any part thereof, except to the uses foresaid, to be null in the self: Excepting alwaies all gifts al­ready granted by his Majesty to whatsoever person or persons of their own teinds, and to the maintenance of Universities and Colledges, they and every one of them alwayes being liable to the plantation of the Kirks to the full quantity contained in the Acts made thereanent. Like­as it is declared hereby, that all teinds and teind duties which belon­ged to Chapters, Deanes, Sub-deanes, and other dignities of the Chapters, shall bee liable to the like provisions of the Kirks which were annexed thereto, according to the proportion of eight Chal­ders victuall, or eight hundred marks, forth of the teinds of their owne parochins allanerly, according to the Act of Parliament. And sicklike, with power to the saids Commissioners, as said is, to take order that every heritor and life-renter of land, having right thereto by infeftment of life-rent, right of terre, or by band for infeftment of life­rent, shall have the leading of their owne teinds, personage, and vicca­rage therof, they paying the price contained in the act above-specified, Incase they be willing to buy the same from the titular, having power to sell, or otherwise, Paying the rate of teind exprest in the acts made thereanent. And to that effect with power to the saids Commissioners, to set down, the price of sellable teinds, according to the worth thereof in each part of the country, where the famine grow and are bred. And als with power to them, to set downe such good and ample securities as may stand by law, both for the buyers of the teinds, to the effect the ti­tulars may be fully denuded in their favours, And also for security to the titulars and sellers of the price due to be payed to them for the saids teinds, And also to set downe the security in favours of the titulars and of the ministers, so far as concernes the maintenance assigned to [Page 121]them for good, thankfull, and timous payment of the rate of teinds where the famine are not or cannot be sold: And siclike, with power to the saids Commissioners, To discusse and determine all questions which may arise betwixt the titulars, and heritors, anent the price of teinds, according to the nature and quality of the rights to be sold, whe­ther the same be heretable or temporall, and to proportionate the price accordingly: And also to divide the price of teind betwixt the here­tors and life-renters thereof, & betwixt titulars and taksmen, and others who have severall and distinct rights to the saids teinds, sellable accor­ding to the quality of the rights, And also with power to them to cause the titulars who sell their saids teinds, to exhibit their rights and titles, to the effect they may be lawfully denuded thereof, in favours of the saids heretors and life-renters respective, without prejudice al­wayes to his Majesties annuitie to be payed forth of the saids teinds, by the saids titulars of teinds or heretors or life-renters of lands, accor­ding to the tenour of the act of annuity: And generally, with power to the saids Commissioners to decide and determine in all other points which may concerne the leiding and drawing of teinds, the selling and buying of the same, or payment of the rates thereof, contained in the acts of Parliament made thereanent: And whereas it may fall out that some of the Commissioners now appointed by his Majesty and Estates, may be unable to attend the service through death, sicknesse, or some other notar and knowne impediments, Therefore his Majesty and E­states declares such other persons shall fill their places as his Majesty shall think fit, by advice of the remanent Commissioners who must re­ceive and admit them upon the said Commission, and take their oaths for faithfull discharge of the same: And his Majesty and Estates ordaines this present Commission to indure unto the [...] ay and while the famine be expresly discharged by his Majesties war­rand, with consent of the Estates for that effect: And his Majesty with consent of the Estates foresaid, findes, declares, and ordaines the acts, decreets and ordinances of the Commissioners foresaid, and of the other persons who shalbe surrogate in their places by his Majesty in manner foresaid, in the whole particulars above specified, and every one of them, to have the force, strength and effect of a decree, sentence, and Act of Parliament: And ordaines the Lords of Session, to grant and direct letters of horning, pounding, and others thereupon, upon a simple charge of ten dayes, or otherwayes as shall be found necessarie: Attour for clearing of all doubts and difficulties, which may arise anent the rectifying of valua­tions, or other particular heads following, His Majestie and Estates have declared, and declares, that where valuations are lawfully led a­gainst all parties, having interest, and allowed by the former Com­missioners, according to the order reserved by them, that the famine shall not be drawn in question, nor rectified upon pretence of enorm lesioun, at the instance of the Minister, not being titular, or at the in­stance of his Majesties Advocate, for and in respect of his Majesties annuity, except it be proved, that collusion was used betwixt the titular and heretor, or betwixt the Procutor Fiscall, and heretors, and [Page 122]titular, which collusion is declared to be where the valuations are led, with diminution of the third of the just rent, presently payed: And which diminution shall be proved by the parties oaths: It is alwayes declared, that the provisions of the former Commission, so far as they are conceived in favours of the Colledges, Hospitals, and Ministers, are herein renewed: As also that Ministers serving the cure, who leade their teinds: And that Colledges, Schooles, and Hospitals, be not con­strained to sell, set, nor dispone their teindes in prejudice of their suc­cessours, notwithstanding of the valuations thereof: Like as the Kings Majestie and Estates, grants power to the saids Commissioners, to do every thing necessary, for setling and establishing the right of any teinds of the prelacies, appointed by them, in favours of the saids Kirks, Schooles, Universities, and Colledges, according to their severall di­visions, as also to set down rules, and wayes, how the same shall not thereafter be delapidate, or made worse by the titulars for the time, And his Majesty and Estates declares, That all his Majesties subjects, who are willing to buy their teinds, shall be oblisht to pay the price thereof contained in the Act made thereanent, within the space of two yeares after the famine beis valued and approven before the saids Commissi­oners: And that after the expiring of the said time, the titular shall not be compelled to sell the famine, except they doe it of their owne good will, With this declaration alwayes, that in case the impediment induring the space foresaid, flow from the titular, by reason of his mi­nority, or other inability, in that case the Heretor, who offereth himselfe ready to buy his owne teind within the space foresaid, shall have place so soone as the impediment is removed, to buy his teinds notwithstan­ding of the expiring of the yeares, and space above exprest: And it is declared, that if the heretors be minor, and his tutors neglect the buy­ing of his teinds within the space foresaid, The minor shall have acti­on for two yeares after his minority to compell the titular for selling of the saids teinds. Likeas his Majesty and Estates of Parliament grants power to the saids Commissioners to give recompence to parties for the augmentation of stipends to be imposed by this present Commission in the same way as was done by some former Commissions, as 1617. yeares: Likeas it is hereby declared, that where by mistaking and wrong compting, there was a greater quantitie assigned to the minister out of any mans teinds nor is due by proportion according to the valuation, that the Commissioners may rectifie the same with­out diminishing the ministers stipend, or wronging his possession, untill it be given out of other teinds in the paroch: Likeas it is declared, that where the assignations are made wrong in the quality that the same might be reduced to the just number of bols of meale, beire, and wheat, answerable to the valuation, With power also to the saids Com­missioners to assigne the few dueties of the parts of land; called Parsons and Viccars gleibes, to the ministers and others serving the cure.

ACT XXXI. COMMISSION ANENT THE ARTICLES Referred to Consideration by the Treaty. 16. November, 1641.

OUr Soveraigne Lord, with consent of the Estates of Parliament, Considering that there are sundry heads of the Articles of the Treaty of peace be­twixt his Majesty and his Subjects, and betwixt his Majesties Kingdoms of Scotland and England, which are referred to bee taken in consideration by the Commissionars, to bee appoynted by his Majesty with consent of both Parliaments, who shall have power to advise and treate thereupon, and to report their proceedings therein to his Majesty and to the Parliament of both King­domes respective, and specially the articles after specified: And his Ma­jesty with consent foresaid being willing, that a Commission bee ex­ped on their part for advising and treating upon the saids Articles, with the Commissioners chosen, or to bee chosen by his Majesty with con­sent of the Parliament of England, within which is included the King­dome of Ireland: Therefore his Majesty, with advise and consent of the Estates, gives and grants full power and Commission to the persons after specified, William Earle of Lothiane, John Earle of Lindesay, Lord Parbrothe and Struther, John Lord Balmerino, Sir Thomas Myretoun of Cambo, Sir Thomas Hope of Kerse, Sir Archbald Johnstoun of Wa­riestoun, Sir John Smyth of Grottell Burgesse of Edinburgh, Patrik Bell Merchant Burgesse of Glasgow, and Mr. Robert Barclay Burgesse of Irving, as also to John Earle of Lowdoun Chancellour of Scotland, and Archbald Marquesse of Argyle, Earle of Kintyre, Lord Lorne, or any of them two, who beis at Court, To bee of the Commission with the remanent Commissioners above named: With power to the saids whole Commissioners above named, or any five of them, there being one thereof at least of every Estate, to conveene with the Commissi­oners chosen or to bee chosen by his Majesty with consent of the Par­liament of England (within which is included the Parliament of Ire­land, as said is) at whatsoever places and times convenient to bee accor­ded amongst them, and there to consult, advise, treat, and agree upon the speciall Heads and Articles following: viz. Anent the Demand concerning the making war with Forreigners, and anent Leagues and Confederations to bee made with forraign Princes and Estates, and concerning mutuall Supply in case of forraign Invasion, and also con­cerning mutuall Trade and Commerce betwixt the Kingdome of Scot­land, England, and Ireland, and anent the pressing of Ships, and men, by sea or land, and als anent Naturalization and mutuall Capacity of the Subjects of both Kingdomes, who either of them, respective, of all Dig­nities, Liberties, Priviledges, and other Benefits Ecclesiasticall or civill, and others of that nature, and concerning the lawfullnesse and solem­nity of the extracts of Bands or Decreets in either of the saids King­domes: [Page 124]And als concerning the manner of safe conduct for transporting from England to Scotland by sea or land, in such a way as may be most secure and least chargeable to the estate of Scotland, of the moneys gi­ven and promitted by way of brotherly supply, and assistance to the E­state and Kingdome of Scotland by the Parliament of England: And concerning what assistance Scotland shall give to England for sup­pressing of the Rebellion in Ireland, or to the Prince Elector, conforme to the instructions given, or to bee given to them for that effect, by the Lords of secret Councell, to whom his Maiesty and Estates of Parlia­ment remits the same: And what the saids Commissioners their treaties with the saids Commissioners of England and Ireland, resolves and concludes upon, that they may make timous and due report thereof to his Majesty and the Estates of this Kingdome.

ACT XXXII. COMMISSION FOR CONSERVING OF The Articles of Treaty. 16. November, 1641.

OUR Soveraign Lord, Considering, That by the late Articles of Treaty, concluded betwixt the Commis­sioners of His Majesties Kingdome of Scotland and England, Ratified by Parliaments of both Kingdoms: It is thought fit and necessary for observing the saids Articles of Treaty, made for establishing a firme and constant peace, That Power and Commission be gran­ted by his Majesty, by advice of the Estates of Parliament of both King­doms, to the effect contained in the said Articles of Treaty, for perfor­mance wherof upon the part of His Majesties said Kingdom of Scotland, His Majestie with consent of the Estates of the said Kingdome by thir presents, Gives and grants power and Commission to the persons after-specified, viz. John Lord Lowdoun Chancellour, James Duke of Lennox, James Marquesse of Hammiltoun, Archbald Earle of Argyle, William Earle of Mortoun, Alexander Earle of Eglintoun, William Earle of Glencairne, Charles Earle of Dumfermling, Robert Earl of Roxburgh, William Earle of Lothian, John Earle of Lauderdaill, George Earle of Kynnowll, William Earle of Lanerk, Alexander Earle of Levin, John Lord Lindesay, John Lord Balmerino, James Lord Al­mond, Sir Patrik Hepburne of Wauchtoun, Sir George Dundas of that ilk, Sir Thomas Myretoun of Cambo, Sir Patrik Hammiltoun, Sir Thomas Hope of Kerse, Sir Robert Innes of that ilk, Sir Archbald John­stoun, Sir Alexander Erskene of Dun, Sir David Home of Wedderburne, Sir Robert Griersone of Lag, Sir William Scot of Harden, Sir Iohn Char­ters of Amisfeild, [...] Ruthven of Frieland, [...] Campbell of Cessnok, Sir David Grahame of Morphie, Sir Hary Mont­gomrie [Page 125]of Giffen, Sir William Forbes of Craigievare, Sir William Dou­glas of Cavers, Edward Edgar, Patrik Bell, William Glendoning, Iohn Smith, Master Robert Barclay, Thomas Durham, Iames Fletcher, Patrik Leslie, Thomas Bruce, George Bell, Iames Sword, Iohn Rutherford, Master Iohn Corser, Hugh Kennedye, Iohn Semple, Master Robert Cunyngham, Master Alexander Douglas, Richard Maxwell, or any twelve of them, With power to them, or any twelve of them, as said is, there being at least two of every Estate at any time or times in the Interim betwixt the sitting of the Parliaments, To conveene amongst themselves, or with the Commissioners chosen, or to be chosen to the same effect by His Majesty, with consent of the Parliament of England, within which is included the Kingdome of Ireland, at whatsoever places and times convenient to be accorded unto amongst themselves, And to be care­full, that the peace, now happily concluded, may be continued, And to endeavour by all lawfull meanes, for preserving and keeping of the saids Articles of peace concluded in the foresaid Treaty allanerly, And there­with to use all their care to preveen all trouble and division which may arise by the breaking and violating of any of the saids Articles, conclu­ded in the said Treaty, as said is: And if any debate or difference shall happen to arise, to the disturbance of the said common peace, That they labour to remove or compose the famine, according to their power granted to them in manner foresaid, and no other wayes: It being al­waies provided, That for all their proceedings in this kinde, they shall be answerable for the lawfulnesse thereof to the Kings Majesty and the Parliament respective: and if any thing fall forth beyond their power, and which cannot be remedied by them, that they informe themselves of the particulars thereof, and represent the same to his Majesty, and to the ensuing Parliaments respective, That by his Majesties wisedome and authority, and theirs, all occasions and causes of troubles being re­moved, the peace of the Kingdome may be perpetuall to all posterity: And it is declared, that the power of this Commission shal be restrained to the Articles of peace, concluded in the said Treaty, as said is, and shall endure for the interim betwixt Parliaments allanerly, and shall expire at the next ensuing Parliament, at the which the said Com­missioners shall be holden, to give an account of their diligence and proceeding in the premisses.

ACT XXXIII. ACT ANENT THE FIVE INCENDIARIES And the Plotters, And the Kings declaration there-anent. 16 November, 1641.

THe Estates of Parliament, considering that whereas albeit John Earle of Traquhair, Sir Robert Spottis­wood of Donipace knight, Sir John Hay of Baro knight, late Clerk register, Doctor Walter Balcanquell, and Mr. John Maxwell somtime, pretended Bishop of Rosse, are cited before them, and accused as guilty of divers haynous and treasonable crimes perpetrated and committed by them against the Common wealth, contained in their severall ditties, which they have just reason to prosecute: Neverthe­lesse the saids estates of Parliament, taking into their consideration his Majesties gracious goodnesse towards this his native kingdome, and his fatherly care and wisedome in composing of all past differences, and providing for the future, to the great joy and happinesse of all his Subjects, doe in retribution thereof, with an unanimous consent to te­stifie their high respect and thankfulnesse to his Majesty, and that his Majesty may joyfully returne a contented prince from a contented people, to the setling of his royall affaires in his other dominions, be­leeving that the famine will be acceptable to his Majesty, and conduce­able to the good and peace of the kingdom, Declare, that for acquitting themselves of their oath, they will onely proceed to the exact triall of the saids parties by a committee to be appointed and authorized by the king and Parliament, in respect of the present necessity of their o­ther affaires, And after tryall shall be taken of the saids persons, and of the crimes whereof they are accused, the Parliament declares, that they will not proceed to a finall sentence, nor insist upon the punishment of those persons, but that they doe for the reasons foresaids freely remit them to his Majesty.

The Estates of Parliament considering, that whereas albeit James Earle of Montrose, Archbald Lord Naper, Sir George Stirling of keir knight, Sir Archbald Stewart of Black hall [...] are cited before them, and accused as guilty of diverse crimes & misdemeanours committed by them, to the just offence of the Estates of Parliament, and derogatorie to the great trust & confidence had of them, And albeit the Parliament have just reason to prosecute their processes, yet neverthe­lesse the saids Estates of Parliament, taking into their consideration his Majesties gracious goodnesse towards this his native Kingdom, and fatherly care and wisedome in composing all past differences, and provi­ding for the future, to the great joy and happines of all his subjects, Do in retribution thereof, with an unanimous consent, to testifie their high respect and thankfulnesse to his Majesty, and that his Majesty may joyfully returne, a contented prince from a contented people, to the setling of his royall affaires in his other dominions, beleeving that [Page 127]the famine will be acceptable to his Majesty, and conduceable to the good and peace of the kingdome, Declare, that for acquitting them­selves of their oath, they will onely proceed to the exact tryall of the saids parties by a committee to be appointed and authorized by the King and Parliament, in respect of the present necessity of their other affaires, and after triall shall be taken of the saids persons, and of the crimes whereof they are accused, The Parliament declares, that they will not proceed to a finall sentence, nor insist upon the punishment of the saids persons, but that they doe for the reasons foresaids freely remit them to his Majesty.

At Edinburgh the sixteenth day of November, the yeare of God 1641 yeares, the Parliament having expressed their respect and thank­fulnesse to his Majesty, by remitting unto him these that are cited as Incendiaries, and others, according to their above written declaration, he was graciously pleased (the better to testifie his Princely care, and to prevent any feares that may be conceived from the medling of those persons in the affaires of State or Court) to make this Declaration fol­lowing:

I Taking in good part the respect and thankfulnesse of this Par­liament, in remitting to me these who are cited as Incen­diaries, and others, according to their Declarations, Doe declare, that I will not imploy any of these persons in of­fices or places of Court or State, without consent of Parliament, nor grant them accesse to my person, whereby they may interrupt or di­sturb the firme peace which is now so happily concluded.

ACT XXXIV. ACT AND COMMISSION FOR TRYING The Incendiaries and Plotters. 16. No­vember, 1641.

OUR Soveraigne Lord and Estates of Par­liament, having taken to consideration, That in the Session of Parliament conveened by his Majesties authoritie upon the eleventh day of June 1640. yeares, full power and warrant was given and granted to the Pre­ses and Quorum of the Committee of E­states therein appointed for directing, in the Kings Majesties name, and in name of the Estates of Parliament, summonds and precepts to the Lyon King at Armes, and his brethren Heraulds, Pursevants, and Maissars, to warn and charge the persons under written, viz. John Earl of Traquaire, Sir Robert Spottiswood of Donipace knight, Sir John Hay of Lands, late Clerk Register, Doctor Walter Balcanquell, [Page 128]and Master John Maxwell, sometime pretended Bishop of Rosse, to compeir personally before the Parliament at certaine dayes and diets by-gone: And that conforme to the said warrant of Parliament, sum­monds were raised and intended at the instance of Sir Thomas Hope of Craighall Knight baronet, his Majesties Advocate; and at the instance of Sir Thomas Nicolson of Carnock, Knight Baronet; Masters, Roger Mowat, Alexander Peirson, James Baird, and Thomas Nicolson, Pro­cutors of the Estate, to compeire before the Kings Majesty and Estates of Parliament at certaine dayes and diets now by-gone, to answer for the crimes of Treason, and other crimes contained in the said sum­monds and precepts, of the date the [...] day of [...] yeares. And als our Soveraigne Lord and Estates of Parliament, considering that summonds and actions are depending before our said Soveraigne Lord and the Estates of this present Parliament, against Iames Earle of Montrose, Archbald Lord Naper, Sir George Stirling of Keir, Knight, Sir Archbald Stuart of Blakhall [...] as having been plotters, devisers, and machinators of courses against the publick weale, and as having been the committers of other severall crimes and forefaults, particularly specified and contained in the said summonds, raised and depending against the saids Earle of Montrose, Lord Naper, Lairds of Keir, and Blakhall [...] Before the Kings Majestie and Estates of this present Parliament of the date the [...] day of [...] 1641. years, as the famine at more length beares, Therefore our Soveraigne Lord and the Estates of this present Parliament, for the further examination and tryall of the persons above specified their guiltinesse of the points and crimes above written, contained in the summonds particularly and respective­ly above mentioned, Gives and grants by thir presents full power, au­thority and commission to the persons after mentioned, viz. Iohn Lord Lowdoun Chancellour, John Earle of Lauderdaill, [...] Earle of Weymes, Robert Lord Burghly, James Lord Couper, George Lord Forrester, Sir Iohn Hammiltoun of Preston, Sir William Cokburne Lord Langtoun, Harie Montgomrie of Gifin, Sir George Dundas of that ilk, Sir Iohn Wauchope of Nidrie, William Rig of Ethernie, George Bell for the towne of Linlithgow, Thomas Bruce for Stirling, Mr. George Gray for Hadingtoun, George Gardine for Bruntiland, and Robert Cun­nyngham for Kinghorne, James Sword for Saint Andrewes, and Sir A­lexander Gibson of Durie, and Sir Adam Hepburne of Humbie, two of the ordinary Senators of the Colledge of justice, or to any Quorum of the said number of the saids persons, being present for the time, which Quorum shall consist of nine, two being for ilk estate, by the saids two Judges above named, to proceed in all further examination of the points of the saids crimes consisting in facto: And that by exami­nation of witnesses, and by writ, or other probation competent of the Law against so many of the saids persons as are not compeiring, with­out all farther citation, in respect of their absence and contumacie: And als to call and conveene before them the foresaids persons above rehearsed in the said summonds particularly and respectively above written, so many of them as are incarcerate, before them, at such dayes [Page 129]and diets as they most conveniently shall appoint at Edinburgh the fourth day of January next to come, which is appointed to be the first diet of their meeting: And ordaines these who are incar­cerate to be cited personally, and these who are out of the Coun­trey, at the Mercat Crosse of Edinburgh, Peire and Shore of Leith, To answer before the saids persons Commissioners, appointed by thir presents, for the crymes particularly and respective contained in the said Summonds above written, to the effect they may bee further exami­ned by them, and may object against such witnesses as shall be cited to compeire to depone in the said matter, With full power and Commissi­on to the saids persons, or Quorum foresaid, to proceed in the cognition and tryall of the crimes particularly and respective above written, to the discussing of the relevancie of the Summonds particularly and respe­ctive above written, and to the receiving of all lawfull probation in the saids crimes above written against the saids persons, particularly sum­mond, as is above written: And to that effect, to direct their Precepts and Summonds for summoning of witnesses in the particular crimes respective above specified, under the paine of horning, and generally, all and sundry other things to doe for the exact tryal of the saids persons: Providing alwayes, that the saids persons Commissioners, as is above specified, appoynted by thir presents, shall not proceed, Like as our Soveraign Lord and Estates of Parliament presently conveened, by thir presents discharges the saids Commissioners and Quorum fore­said, to proceed to any decision in the said poynts or crimes, or to pro­nounce any sentence convictive against the saids persons particularly above written, summoned to this present Parliament particularly and respective, as said is, but onely that the Commissioners foresaids shall doe their diligence in the points particularly above specified, commit­ted to them, in discussing the relevancie of the said Summonds particu­larly and respective above written, and in receiving all legall probation thereupon, And the Commissioners or Quorum foresaid to proceed with all diligence, and make their report concerning the relevancie, and how farre they shall find the same proved, or not, without pronoun­cing any farther sentence against them, or any of them, and that they finish the processe and tryall before the first day of March next to come.

ACT XXXV. ACT ANENT THE PASSING FROM These who are cited to the Parliament as unfriends. 16. November, 1641.

THe Estates of Parliament, Considering that whereas there are divers and sundry persons indited and accu­sed before this Parliament, as guilty of certain crimes committed by them, against the State, and to the pre­judice of the peace of this Kingdome, Neverthelesse the saids Estates of Parliament, considering that by Gods mercy and providence, and by his Majesties great wisedome, all our tempests are turned into the calme of an happie peace, And that tryall is taken anent the persuits and processes for which the saids persons are cited to the Parliament, Doe hereby, out of their respect to His Majesty, to whom they know the famine will be acceptable, Declare that they have acquited and discharged, And hereby acquits and discharges, all other persons, cited and called to appeare before them, To answer for whatsoever crime or misdemea­nour committed, during the late troubles: And declares the Act of Pacification and Oblivion, and benefite thereof, to be extended to them, siclike as if they had not been cited before this present Parlia­ment: And but prejudice alwayes of the restitution to private parties, conforme to the said Act of Pacification contained in the Treaty, And of all lawfull sentences recovered against any of the said persons, before the Committee of Estates: And declares, that this Act doth not extend to the Incendiaries or plotters, but only to such others who are cited to the Parliament as unfriends.

ACT XXXVI ACT FOR SELLING OF YARNE BY WAIGHT. 16. November, 1641.

OUR Soveraign Lord and Estates presently assembled, Un­derstanding how necessar and convenient it is, that all yarn be bought and sold by weight: Therefore Our Soveraign Lord, with advice and consent of the saids Estates, Ra­tifies and approves the Acts of His Majesties Councell, Ordaining the same to be sold by weight, in all the heads, clauses and articles thereof, dated at Halyrude-house the 28. of July, 1631. years, and ordaines the famine to stand as a Law, and to take effect in all time coming.

ACT XXXVII. ACT ANENT LINNEN CLOTH And breadth thereof. 16. November 1641.

OUr Soveraign Lord and Estates presently assembled, finding that linnen cloth is become one of the prime commodities of this kingdome, whereby many peo­are put to worke, and money is brought within the same, which partlie through the deceit used by the bleitchers, in lyming thereof, and partly by the incertaintie of the breadth, is likely to come in con­tempt abroad, to the great prejudice of this kingdome: Therefore his Majesty, with consent of the saids Estates, Statutes and ordaines that no makers of linnen cloth, nor no others whatsoever, present to mar­ket, or other wayes, make or sell any linnen cloth of the price of tenne shillings the elne or above, of lesse breadth then an elne, And all under the said price, to be of no lesse breadth then three quarters of ane elne, under paine of confiscation of all such linnen presented to marker, or other wayes sold, which shalbe found not to be of the breadth above­named, And ordaines the magistrates, within whose bounds and juris­dictons the said linnen cloth, made contrair to this statute, shall hap­pen to come, to confiscate and escheat the same, And for this effect, to search all the markets within their bounds: As also discharges and inhi­bites all our Soveraigne Lords lieges and subjects, that none of them presume nor take upon hand to bleitch any cloth with lyme, under paine to be punished in their persons and goods at the will of the Ma­gistrate, within whose bounds they dwell: And last, it is stature and or­dained, that all linnen cloth shall be taken up by the selvedge and not by the rig, and so to be presented to the market, and ordaines the she­riffe of the shires and Magistrates within burgh, to put this statute to execution within their several jurisdictions.

ACT XXXVIII. DIS CHARGING THE IMPORTATION Of strong waters. 16. November 1641.

OUr Soveraigne Lord and estates of Parliament, un­derstanding, that there is divers strong waters brought into this kingdome from forraign places, which might be more conveniently made within the kingdome, to the benefite of the natives thereof: Therefore his Majesty, which consent of the saids Estates, discharges all inbringing of aquavitie or strong waters, within this Kingdome, under the paine of escheat thereof.

ACT XXXIX. ACT ANENT THE EXSISE OF Herring. 16. November 1641.

OUR Soveraigne Lord and Estates of Parliament, considering that his Majesties assise of all Herrings slain within the Reid-head, and Saint Tobs-head, is a thousand Herrings forth of ilk boat, ilk dreave that holds: And finding the collecting of these Herrings to be very hard and difficile, have thought expedi­ent to modifie the price of these Herrings, and convert the famine thousand Herrings into money, And therefore our said Soveraigne Lord, with the advice of the Estates, modifies and converts the price of the said one thousand Herrings, payable for assise, to the summe of six pounds money of this Realme, and declares that to be the constant price thereof in time comming, without respect of deare or cheap Herrings: And because the fishers residents in the East Seas, and who dwell within the saids bounds, on the North and South side of Forth and Tay, by-west the Reid-head, and Saint Tobs-head, in respect of the great hazard and danger they are in, in ventring to the North Iles with their Ships and Barks, wherein they transport two Boats or Yolles, as pendicles of the saids Ships and Barks, and vehicles for their use and the better accommo­dating of their voyage, were in use to pay only the summe of five pound in satisfaction of the assise Herrings, ilk Tack that holds for ilk Ship or Barke, without having respect to Ship-boats and Yolles, which are onely pendicles, and vehicles of the saids Ships and Barkes: Therefore his Majesty, with advice of the Estates, being certainly per­swaded, that it is unpossible to the saids fishers to accomplish their voy­ages, unlesse they have two Ship-boats or Yolles carried in the saids Ships or Barks, as pendicles and vehicles thereto: Declares, that the saids fishers, are and shall only be liable in the said summe of six pounds, in full satisfaction of the assise in the North Iles, for ilk Ship or Barke, ilk Tack that holds, not having regard of the saids ship-boats or Yolles, there being but two Boats to ilk ship at the farthest, which they do here­by liberate and exeem from all payment of any dutie: And discharges all our Soveraigne Lords Lieges for exacting or uplifting any other as­sise from the saids fishers, nor the particular duties above specified: And ordaines the collectors thereof to uplift the same legally, after ilk dreave, and to desist from troubling the fishers during the time thereof.

ACT XL. ACT ANENT LOYALL PACKING OF Salmond. 16. November 1641.

OUR Soveraign Lord and Estates presently assembled, Understanding that the Salmond fishings are one of the principall benefits whereby Trade is maintained, and money brought in the Kingdom, and that through the evill ordering thereof, both in the insufficiencie of the Barrels, & alse in the disloyall packing of the same, not onely is the Merchants estate damnified thereby, but also the Nation is dishonoured abroad, and disappointed of what should returne there­by: Therefore Our said Soveraign Lord, with advice and consent of the saids Estates, Ordaines an act to be made, Ratifying and approving all and sundry Acts of Parliament, Lawes and Constitutions of this Realme, made anent Salmond fishing, and the sufficiency of the bar­rels, and loyall packing thereof, With this addition, That the whole Coupers within this Kingdom, make the said Salmond Barrels of good and sufficient new Knappell, wherefore he shall be answerable, with­out worme-holes, and white wood of sufficient tichtnesse, for contai­ning the pickle, and sufficient tichtnesse for enduring all kind of stresse in the handling, and that the barrels contain no lesse then ten gallons of the Stirling pint, conforme to an act of His Majesties Councell, of the date at Halyrude-house, the fifteenth day of July 1619. yeares, which His Majesty with consent foresaid, Ratifies and approves in all the heads, clauses and articles thereof, to be ratified in this present Parliament, under the paine of five pounds to be payed by the Couper for ilk unsufficient barrell, and escheat, of the famine barrell, and that the famine be well pyned in the pickle before the packing thereof, and thereafter the said barrels, to be well tichted and double girted, before the transporting thereof to forraign Nations. And that no barrell be sooner made and blowne, but the Coupers birne be set thereon, on the tapone staffe thereof, in testimony of the sufficiency of the tree, and that every couper be answerable and lyable in payment of such losses as happen to be laid on the fish at the Market, if it be found to be in the default of the Couper, by the insufficiency of the tree, or pack­ing, or any other meanes in the Coupers fault, and that they keep right jedge both in the length of the staves, the bilge girth, the wide­nesse of the head, and deepnesse of the chin, The barrell being made, marked, and thrice gene in the packing, shall be marked with the marking iron, under a very particular merchands mark, as use is, and that no burgh, or any other trading with Salmond, shall presume to counterfeit the mark or birne of Aberdene, under the paine of con­fiscation of the Salmond, by and attour the punishment of the parties counterfeiters, at the pleasure of the judge ordinar, the one halfe of the said paine to pertaine to His Majesty, and the other halfe to the burgh so wronged: And ordaines the Magistrates within burgh to put this act to execution.

ACT XLI. ACT ANENT THE KINGS MAJESTIES Rents, uplifted by warrant of the Committee of Estates for the publike use. 16. November, 1641.

OUR Soveraign Lord and Estates of Parliament, Considering that during the time of the late troubles of this Kingdome, there were some of his Majesties rents, cu­stomes and impost, uplifted and in­trometted with, for serving of the present necessities of the publike affaires of this King­dome, by warrant of the late Committee of Estates, and by other publike orders, and that there were sundry by-gone pensi­ons and fees due to diverse of His Majesties Pensioners and Servants, satisfied and payed to them, con­forme to their rights and pensions by order of the late Committee of Estates, residing at Edinburgh: And His Majesty being graciously pleased to approve and allow of the foresaids intromissions had, and payment made in manner, and for the causes above-written, Therefore our said Soveraign Lord, with advice and consent of the saids Estates of Parliament, Ratifies, approves and dispenses with all such intro­mission with His Majesties rents, customes and impost, as have been uplifted, payed and intrometted with, preceding the twenty ninth day of June last by-past, for the uses and causes foresaid: Together with the payment of the same made by publike order, as said is: And declares that the famine payment made, and intromission had by warrant from the said Committee of Estates, or by other publike orders, preceding the said twenty ninth day of June last by-past, are and shall be sufficient exoneration to the payers of the saids rents, customes and impost, and to the receivers of the famine, by vertue of the saids publike orders, and to all others concerned therein, like as the discharges upon the pay­ment thereof by publike order foresaid, shall be allowed to the payers of the same, in the accounts of their intromission, with his Majesties rents, customes and impost foresaid, to be made in His Majesties ex­chequer, whereanent thir presents shall be a sufficient warrant to all that are concerned therintill, and to the Lords and Commissioners of His Majesties Exchequer, to allow and defray the famine in the saids ac­counts to be made in Exchequer by the chalmerlands, intrometters with, and receivers of his Majesties rents, customes and impost foresaid, and ordaines count to be made of the said intromission in Exchequer.

ACT XLII. ACT ANENT THE DISCHARGING OF Advocations for summes within an hundred pounds. 16. November, 1641.

OUR Soveraigne Lord and Estates present­ly conveened, considering the manifold prejudices and trouble arising to divers of his Majesties Lieges, in pursuing of matters of small importance, by the too frequent granting of Advocations from inferiour Judges: Therefore our said Soveraigne Lord, with advice and consent of the saids Estates, discharges the Lords of Session from giving and granting Letters of Ad­vocation of any actions intended or to be intended before whatsoever inferiour Judicatories, which may competently, by the Lawes of the Kingdome, be decided by the saids inferiour Judges, before whom the said action is or shall be intended, for summes of money within an hundred pounds, or for any other causes, whereunto by the Lawes of the Kingdome the saids inferiour Judges are appointed Judges.

ACT XLIII. ACT ANENT THE DIRECTING OF Cocquets within the Regalitie of Saint Andrewes, in the Kings Majesties Name. 16. November, 1641.

OUR Soveraigne Lord, with advice and con­sent of the three Estates of Parliament, statutes and ordaines, That all Cocquets to bee given forth within the Regalitie of Saint Andrewes, now holden of the Kings Majestie, through the abolition of Bishops, be directed and granted by John Lord Lindsay, and his Deputes, Cocquet-keepers, within the Regalitie foresaid, in all time comming, in the Kings Majesties name, whereas the famine were before dire­cted in name of the Archbishop of Saint Andrewes.

ACT XLIV. ACT DISCHARGING THE TRANS. Portation of Eggs. 16. November, 1641.

OUR Soveraigne Lord and Estates of Parliament finde that it is neces­sary and expedient, for the good of the publick, that the transporting of egges out of this Kingdome be restrained, in respect it brings not any considerable moneyes into the Countrey, no wayes comparable to the losse, considering the diet of poore labouring servants, who eate only bread, and drinke water, if egges were restrained, might be bettered, by getting egges to his meat at an easie rate, or of his own, The breed of Chickens, Hens, and Capons, would be in farre greater abundance, so that they might sell at two pence, a groat, and six pence, where they are now two groats, twelve pence, and eighteen pence: And where the eggs sell now at fourtie pennies, sometimes a groat, might be sold for twelve pennies, or eighteene pennies: And where they give five shillings six pence where the salt is made, they might sell their dearest for a two pence: Therefore to grant a restraint under the paine of confiscation of the egges, and an hundred pound, toties quoties, to be incurred by the party transporter, to be proved by witnesses, or oath of party.

ACT XLV. ACT AGAINST DESTROYERS OF Planting, and others. 16. November, 1641.

OUR Soveraigne Lord, and Estates of Parliament, considering that Parks and Plantings are great de­corements, and much profitable to the Kingdome, and that the demolishing and down-casting of the dikes of either, and spoiling of the ground and plant­ing inclosed within the famine, by these who are evill affected to policie, is a great discouragement to many who are vertuously disposed to Parking and Planting: There­fore his Majesty, with consent of the Estates, discharges all hawkers, hunters, travellers, and others persons whatsoever, to whom the sa­mine Parking and Planting doe not belong, from demolishing, down­casting, climing, or any wayes wronging of any of the Dikes foresaids, [Page 137]Parks and Planting within the famine, under the paine of five pounds toties quoties: Which fines, his Majestie and Estates foresaids declares to appertaine to the owners of the saids Parks and Plantings, they or their servants deprehending the failers: And if any other deprehend them, the one halfe to appertaine to the deprehender, the other to the heritor, With power to the deprehender to pursue the contraveener before the ordinar Judge: And if it shall happen the heritors own te­nant to contraveen the Act foresaid, with power to the heritors to un­law them at their own pleasure, the penalty and unlaw alwayes not exceeding the pain foresaid.

ACT XLVI. ACT ORDAINING THE PURSUER OF The thiefe to be restored to his owne goods. 16. November 1641.

OUR Soveraigne Lord and Estates of Parliament, understanding, that when any theeves were taken and executed for theft, or declared fugitives for not entering and under-lying the law, therefore their whole escheat fell to the Kings Majestie, and the goods stollen, pertaining to the pursuer of the saids theeves, and so the said party wronged was prejudged of his owne geir: Therefore, and for remeed whereof, our said Soveraign Lord and Estates of Parliament statutes and ordaines, that any person, having any goods or geir stollen from them, and having pursued the stealer thereof, shall have their owne goods againe wherever the famine can be apprehended, although the thiefe stealer thereof suffer: And where the saids stollen goods cannot be had, ordaines the pursuers of the said thiefe to have the just value, price, and availe of the goods and geir stollen from him, out of the readiest of the theeves goods: Together with the expences they shall wair in the said pursuit, the pursuers al­wayes pursuing the thiefe, usque ad sententiam, reserving to the taker and Sheriffe the expences bestowed by them in the taking and execution of the thiefe.

ACT XLVII. ACT ANENT COALE-HEWERS. 16. November, 1641.

OUR Soveraign Lord and Estates of this present Par­liament, ratifies the eleventh Act of the eighteenth Parliament of King James the sixth of worthy memo­ry, made anent Coale-hewers and Salters, with this addition, that because Water-men who laves and drawes water in the coale-heuch-head in this King­dome, and gaits-men who worke the wayes and pas­sages in the saids heuchs, are als necessar to the owners and masters of the said coale-heuchs as the coale-hewers and bearers, It is therefore statute and ordained, that no person shall hyre or seduce any water-men, and winds-men, and gaits-men without a testimoniall of the ma­ster whom they serve, under the pains contained in the former Acts in all points: And because it is found by experience, that the giving of great fees hath beene a meane and way to seduce and bring coale-hew­ers from their masters, It is therefore statute and ordained, that it shall not bee lawfull to any coale-masters in this Kingdome to give any greater fee nor the summe of twenty markes in fee, or bounteth, under any colour or pretext: And because the saids coale-hewers, and salters, and others workemen in coale-heuchs within this Kingdome, doe lye from their worke at Pasch, Yule, Whitsunday and certaine other times in the yeare, which times they imploy in drinking and deboishrie, to the great offence of God, and prejudice of their master, It is therefore statute and ordained, that the saids coale-hewers and salters, and others workemen of coale-heuchs in this Kingdome, worke all the six dayes of the weeke, under the pains following, that is to say, That every coale-hewer or salter who lyes idle, shall pay twenty shillings for every day, by and attour the prejudice sustained by their master, and other punish­ment of their bodies.

ACT XLVIII. ACT DISCHARGING THE MIXING OF TIN With lead. 16. November 1641.

OUR Soveraign Lord and Estates of this present Parliament, considering the great hurt sustained by his Majesties Lieges by the fraudulent dealing of pewterers, in mixing the finer sort of tinne brought from England, France, Flanders, and other parts beyond sea, with baser and courser mettall of tin and lead, & their exacting greater prices betwixt the new cassin by them, and the old, which they receive from the lieges: For remeed wherof, it is statute and ordained, that the pewterer or founder of tin shall put the marke of the thrissle, and his owne name upon every piece of worke that hee [Page 139]happens to cast, and that the same shall bee of the finest of the pewter marked with the rose in England: And in case the same be under the fi­nesse of the said pewter of England, that the same shall bee confiscate, and hee punished in his person at the discretion of the Magistrates of the Burgh where he dwells: And to that effect, that there bee a visitor ap­poynted by the Magistrates for trying of the famine: As likewise that he shall take betwixt the pound of old tinne and pewter, marked with the rose foresaid which he receives from the Lieges, and the pound of new cassin by him, eighteene pennies allanerly, under the pain foresaid.

ACT XLIX. ANENT DOCQUETING AND PRESENTING Of Signators. 16. November, 1641.

OUR Soveraign Lord, with advice and consent of the Estates of Parliament, Considering that by the twentieth Act of his Majesties dearest Father King James the sixth his tenth Parliament, for avoyding the prejudice did then arise by the subscribing of sundry Signators and Letters at the importunate suite and desire of sundry persons, His Highnesse not being informed or timely warned to the effect and contents thereof, Therefore his Ma­jesty, with the advice of the Estates conveened in Parliament, did statute and ordaine, that no Signator nor Letter whatsoever shall bee presen­ted to his Majesty in time coming, but by his ordinary officers, unto whom the famine properly belongeth, or who have power of docque­ting and presenting by their patents, as the Act at more length beareth: And his Majesty, with advice and consent foresaid, also considering how prejudiciall it is to his Majesties honour, and the peace and good of his Majesties Subjects, That Signators of one and the same thing without his Majesties certaine knowledge, shall passe his Majesties hand in fa­vours of severall persons, or that Letters of contrary tenours shall bee signed by his Majesty, and directed to Officers and Judges within this Kingdome, The onely occasion thereof is, that others then the said Officers, or their Deputes, or others foresaid, to whom the famine may belong, Takes upon them to present Signators and Letters to his Ma­jesty for their friends and acquaintance, either not knowing the former Signator or Letters of contrary straine, or of set knowledge to reverse what hath beene done before, without giving true information or rea­sons to move his Majesty to signe these Signators, or wrest contrary Letters: For remeed whereof, his Majesty, with advice and consent foresaid, ratifies and approves the foresaid Act in all the poynts therof, and declares that it shall not bee leisome or permitted to any person or persons whatsoever, to present any Signator, Writ, Letters, or Warrant to bee signed by his Majesty, except by the saids ordinary Officers, unto whose Office the famine properly belongs, and by others foresaids, having power and warrant, as said is: And that his Majesty may the [Page 140]better know what passeth his highnes hand, and upon what grounds and reasons he signes the famine, it is expedient, that any of the saids officers that shall present any signator, writ, letter, or warrand, to be signed by his Majesty, shall cause register the docquet of the same in a Register, and send the just and authentike double thereof, subscri­bed with their hand, to his Majesties Secretary, who shall be obliged to give his Majesty notice and timous warning of any prior deed, dif­ferent or contrair to the posterior, that his Majesty may either refuse the same, or specifie his Majesties certaine knowledge for passing and signing thereof.

ACT L. ACT ANENT THE ELECTION OF The President of Parliament. 16. November 1641.

OUR Soveraigne Lord and Estates of Parliament, con­sidering how necessary and expedient it is, that in e­very Parliament to be holden within this Kingdom, there be a President of Parliament chosen by his Majesty, or his Commissioner, and Estates of Parlia­ment, to proceed in all matters to be agitate in Par­liament, Therefore his Majesty, with advice and con­sent foresaid, Statutes and ordaines, that in all succeeding parliaments, af­ter taking of the oath of Parliament by all the members thereof, they shall make choice of the Lord Chauncellour, or any other the King, or his Commissioner, and the Estates shall appoint, to be President of Parliament, who shall remaine and continue President als well in that Parliament wherein he is chosen, as in the next Parliament subsequent, untill the said oath be taken, and another chosen to be President in his roome.

ACT LI. ACT ANENT THE SUPERIORITIE OF Lands, and others, which formerly held of Bishops and their Chapters, to be now holden of the King. 16. November 1641.

OUr Soveraigne Lord and Estates of Parliament, for removing all doubts and questions that may arise anent the superiorities of these lands, milnes, fishings, heritable offices, and others which held of the late pretended Bishops or of their chapters, by reason of the abolishing of Bishops and chapters foresaid, forth of this Kirke and Kingdome, and to the effect the subjects and vassals of these holdings may be put in assurance here-anent, have statute, ordained, and declared, and by thir presents sta­tutes, [Page 141]ordaines and declares, That all these superiorities which formerly pertained to the saids pretended Bishops and their chapters, now aboli­shed, as said is, doe now pertain and belong, and shall hereafter pertain to our Soveraign Lord, & His Highnesse Successours in all time coming: And that the Vassals of these Lands, Mils, Fishings, heritable Offices, and others, which formerly held of the famine Bishops and their chap­ters, doe now, and shall in time coming hold the famine of our So­veraign Lord the Kings Majesty and His Successours, in the same form and manner of holding, as they formerly held of the saids Bishops and their chapters, conform to the saids vassals their infestments and rights, made and pertaining to them, which are hereby declared to be unpre­judged by the abolishing of the saids Bishops and their chapters, their former Superiours: And siclike, Our said Soveraign Lord and Estates of Parliament declare all these services of heires to their defunct predecessours, to any of the Lands and others, holden of the saids Bishops (since the excommunication of Bishops,) whereby these heires are served to the saids Lands to be holden of the Kings Maje­sty, to be vallid and lawfull services and rights led and done: And or­daines all such services as are to be led & deduced hereafter, for serving of the heires of the vassals of the lands and others foresaids, as heires in the famine lands, to be served heires thereintill, to be holden of the Kings Majesty and His Successours foresaids, as their superiours of the famine Lands and others above mentioned, in all time coming, with this provision, that the few duties of these lands holden of the chap­ters now retained in titulo, shall pertaine and be payed them, during the present titulars life-times: And it is declared, that this present act shall not be prejudiciall to the infestment granted by his Majesty to the Duke of Lennox of the superiority of the whole Lands and Barronies which pertained to the temporality of the Arch-bishoprick of Glas­gow, but that the said infestment shall stand vallid in the selfe, and the vassals to hold their Lands of the said Duke of Lennox and his Suc­cessours, as their superiours thereof in time coming: And also declares thir presents, neither act nor reservation foresaid, shall not be extended to the Deanrie or Sub-deanrie of Glasgow, nor nothing holden of the Dean or Sub-dean: As also but prejudice to the Earle of Lauderdaill, of his infestments of Stobo and Ettilstoun, which is no wayes prejudged by this act nor reservation foresaid, Providing that this provision shall not better, nor strengthen the Earle of Lauderdails right and infestment foresaid, But the famine to be in that famine condition, as before the date of thir presents.

ACT LII. COMMISSION FOR REVISING OF The Registers. 16. November 1641.

OUR Soveraigne Lord and Estates of Parliament, considering that this long time by-gone the Registers and Records of Parliament have not beene visited, so that some of the ancient Records might have been abstracted, vitiate, or disordered: Therefore our Soveraigne Lord and Estates foresaids, gives full power and Commission to the persons following, viz. the Lord Chancellour, the Earle of Argyle, Earle of Lauderdaill, and Clerk Register, to meet when the Lord Chancellour shall ap­point

To take inspection, and revise and looke over all the whole Registers and Records of Parliament, aswell these in the Castle, as these in other mens custodie, and to call for the old Inventars thereof, and compare them with the Registers, and to make two new authentick Inventars thereof, without copying of the saids Registers and Records: Which Inventars shall be subscribed by the most part of the visitors, the one whereof shall be delivered to the Clerk Register, to bee kept by him, the other Inventar shall be laid up, either with their Honours, or some other lockfast place, whereof the Lord Chancellour for the time shall keep the key, and to cause make presses, boxes, buists, or other neces­saries fitting for keeping of the saids Registers and Records, And also to consider of the place and house where the saids Registers lie, and to advise and appoint the best wayes and meanes for preserving and sure custodie of the saids Registers and Records, With power also to them to mark and observe any defect or wants in the saids Registers and Re­cords, and the vitiations thereof, if any be: And siclike, to marke, number, and put in perfect order, the saids Registers and Records, with power also to make a perfect Index of all the unprinted Acts of Par­liament which doe not concerne particularly private persons, but such as import and concerne only generally the whole lieges: And siclike, gives full power to the persons foresaids to lay up the principall late Treatie amongst the saids Records and Registers, and generally to doe all and sundry other things, whereby the saids Registers and Records may be preserved, and their perfections or imperfections may be no­tified: And ordaines them to make report of their faithfull and exact diligence hereintill at the next Parliament. And our Soveraigne Lord and Estates foresaid, declares thir presents is no wayes prejudiciall to the Clerk Register of receiving, keeping, and using of the saids Regi­sters, and keyes thereof, in the meane time conforme to his right and place.

ACT LIII. ACT ANENT COCQUETS, AND ENTRIES of Ships, modifying the entrie to 23. shillings 4. pennies, and the Cocquet to 40. shillings. 16. November, 1641.

OUR Soveraigne Lord and Estates presently convee­ned, understanding there are divers abuses committed by the Customers and Receivers of entries of Ships, and by the keepers of the Cocquet, in sometime ex­acting from Masters of Ships greater summes of money than is due to them, and sometimes absenting themselves, to the great prejudice of the Merchants estate, and to the hazard of the losse of their voyage: Therefore our Soveraigne Lord, with advice and consent of the Estates, ordains, that there be no greater price exacted for entring their Ships and Goods, then the summe of twenty three shillings foure pennies, and for the said Cocquet, then the summe of fourty shillings: and that the keepers of the said Cocquet attend by themselves, or their ser­vants, diligently and readily, to answer and give out Cocquets to all Merchants, and Masters of Ships, under paine of losing their place, whensoever they shall be found, either to exact more then the said summe above written, or shall occasion to the saids Merchants and Masters more delay nor is needfull for writing of the same.

ACT LIV. ACT ANENT DISCHARGING THE Registration of comprisings, and appointing the recording and allowing of comprisings, and prices thereof. 16. November 1641.

OUR Soveraigne Lord and Estates of Parliament, having taken to their consideration, that the registra­tion of Comprisings hath put the lieges to great, needlesse, and unnecessary charges and expences, and that the famine doth neither adde to the validity of the Comprisings, nor to the benefit of the Com­prisers: And therefore have discharged, and by the tenour hereof discharges all registration of Comprisings, together with all gifts, Acts of Councell, and others warrants, consuetude or custome whatsoever, granted or observed thereanent: And de­clares, that the famine Gifts, Acts of Councell, and others warrants, consuetude or custome, to be null and of none availe, force nor effect, in all time comming. And siclike, our Soveraign Lord and Estates of Parliament, considering, that a short Record of all Comprisings of [Page 144]lands and rents, heritable bands, contracts, reversions, and others, and legals thereof, viz. of the comprisers names and designations, The de­fenders names, the debt for the which the comprising is used, the lands and others comprised, the Maissers and Clerks names, the times of the denunciations and executions, and witnesses thereto, and date of the comprisings, and of the superiours of the lands comprised, is very necessar for the Lieges their informations: Therefore statutes and ordaines, that all comprisers shall be obliged to bring their com­prisings to the clerk of the Bils, within threescore dayes after the date of the comprisings, to the effect that the famine may be allowed by the Lords of Councell and Session, At the which time, ordaines the said clerk to the bils, to make a record of the saids comprisings in a book, wherein all comprisings shall be recorded in manner above writ­ten: for the which allowance and recording of the said comprising in manner above-written, the clerk shall have forty shillings for the whole record of ilk comprising and allowance: And siclike for the ex­tract of ilk record of the saids comprisings that shall be extracted under the said clerk his hands, Our Soveraign Lord and Estates ordaines the summe of twenty shillings for every extract, to be payed to the said clerk of the bils, as due price competent to him therefore, Which summe, the said clerk shall not transcend, under the paines contained in the acts of Parliament.

ACT LV. ACT DISCHARGING THE LORDS OF Session, to exact twelve pennies for the pound, and all other exactions. 16. November 1641.

OUr Soveraign Lord, with advice and consent of the Estates of Parliament, Considering that the Senators of the Colledge of Justice, are sufficiently provided by His Majesty and Estates, for serving their places without further burden of the Lieges: Therefore His Majesty and Estates foresaids, discharges in all time comming, all sentence silver, twelve pennies of the pound, and other exactions imposed upon sentences and decreets to be pronounced by the saids Judges: And discharges all Acts, Statutes and Ordinances, made for payment thereof: With power alwayes to the saids Judges, to modifie such charges to the parties in whose favours the saids decreets and sentences shall be pronounced, as in equity and conscience they shall think reasonable, and as the malicious and wilfull pleyars, pursuers, or defenders shall deserve.

ACT LVI. ACT ANENT PARDON OF PENALL Statutes. 16. November, 1641.

OUR Soveraign Lord considering, that the precise and rigorous exaction of the paine arbitrary and pecuniall adjected to penall Statutes heretofore made, would prove a burthen to his Majesties Lieges, heavie, and insupportable, if by his Majesties Grace and Favour they should not bee eased and liberate of the same: In consideration whereof, his Majesty being willing to give ease and reliefe to his Subjects of the foresaid burthen, Hath therefore been graciously pleased, with consent of the Estates of Parli­ament, to discharge freely, pardon and remit, and by these presents discharges freely, pardons, and remitts all contraveeners of any of the said penall Statutes, for all deeds done by them, contrary to the tenour of the same Statutes in time by-gone, Except onely the Statutes con­cerning the unlawfull taking of usury, transporting of money and gold, slaying of red and blacke fish, with the penalties incurred by the con­cealers of annuall rents, and wrongous up-givers of the inventars of their money, which are no wayes discharged by this present Act nor comprehended under the same.

ACT LVII. ACT IN FAVOURS OF ORPHANES, Fatherlesse, and others. 16. November 1641.

OUR Soveraign Lord, with the advice and consent of the Estates of this present Parliament, Understanding many pitifull effects daily found and encreasing, Anent the mi­sery and poverty of Orphanes and Fatherlesse children, to have beene occasioned in this manner, That many igno­rant people, the time of the acquiring to them of bands, contracts, and other securities for payment of summes of money, takes the famine to them, their herres, executors, and assignes, with clause and condition of payment of annuall rent therefore during the not pay­ment of the said principall summe, meaning thereby, that the famine should no wayes remaine unprofitable during the not payment thereof, And no wayes that the said clause or condition should make the said summes and securities thereof to pertaine to the heire in prejudice of their bairnes and others nearest of kinne by the heire, whereas by the contrary by the interpretation now observed, all such summes and se­curities bearing annuall or profit, are exponed to bee heretable after the terme of payment, and to pertain to the heire, so that thereby the rest of the children nearest of kinne, and others having interest, are alto­gether therefrom secluded, and left pitifully unprovided of any meanes to live on, As also the saids bands and contracts, are very oft fraudfully concealed and abstracted, and never knowne to the true owner there­of, that in due time they might make use of the same, Which is against both equity and conscience, and the intention of the party acquirer of [Page 146]the saids securities, whereby great number of orphanes, fatherlesse chil­dren and others that are so prejudged of thats due to them, eitherby their naturall portion or otherwayes adebted, are brought to great po­verty, and misery, and forced to become beggars, which is oft found by pitifull experience. For remeed whereof, our said Soveraigne Lord, with advice of the saids Estates, statutes and ordaines, That all con­tracts, or bands, for summes of money payable to parties, with con­dition of payment of annuall-rent or profit made at any time hereafter, shalbe holden, and estimate, to pertaine to the bairnes and nearest of kinne to the defunct, except seasing follow thereupon in the life time of the creditor acquirer thereof, or that by the tenour of the band or contract, the famine be conceived to be payable to the heires and assigns, secluding the executors, or other waies that the said band or con­tract bear per expressum, oblishment to infest, in either of the which ex­cepted cases ordaines the saids summes to be heretable, and pertaine to the heir, and out with the saids excepted cases, ordaines the said sums to be confirmed by the executor without payment of any quote for the famine, And that to the end the nearest of kinne and others having interest, as said is, be no wayes frustrate of what may be due to them, nor yet the said bands or contracts fraudfully concealed and abstracted from them, every one of them for their owne parts, Providing alwayes that by vertue of this present act, The bands or contracts hereby ordai­ned to pertaine to the nearest of kinne to the defunct, and to be confir­med, shall not fall under the compasse of escheat, nor yet any part there­of pertaine to the relick jure relictae, But shall remaine in the owne na­ture quo ad siscum et relictam, as they were before the making of this act.

ACT LVIII ACT ON FAVOURS OF THE VASSALS Of ward Lands, holding of the King and Prince. 16. November, 1641.

OUr Soveraign Lord and Estates of Parliament, Taking to consideration the bounty and benevolence of his Majesties most noble progenitors, King James the 2. and King James the 4. in giving their vassalls Liberty to set their ward lands few, and herewith also remembring that by the 16. act of his Maje­sties first parliament, anno 1633. his Majesty and the prince his highnes their vassals of ward lands, are altogether secluded from that benefit of his Majesties bounty and benevolence foresaid, which prejudice is by the 37. act of the session of this present parliament holden in June, 1640. yeares, recommended to be considered at the next meeting thereafter of the said parliament, and during that interim the force and execution of the said act 1633. is suspended and suppressed, And now his Majesty being gratiously pleased of his royall favour and bounty that the vassalls of ward lands holding of his sacred Majesty and of the Prince his highnesse, may enjoy their former libertie, with the benefite of his Majestie and his most noble progenitors their bounty and benevolence foresaid, unprejudged or empared by foresaid act, 1633. Therefore our said Soveraigne Lord and Estates of Parliament [Page 147]rescinds and annulls the foresaid 16. Act of his Majesties first Parlia­ment, in anno 1633. yeares, intitulate, Anent vassals holding ward, And declares the famine Act to be null, of none availe, force, strength, nor effect in all time coming, in so farre as the famine Act is, or may bee extended to the lands holden ward of the King or Prince, as said is: And declares the vassals of the ward lands foresaids, and others his Majesties Lieges and Subjects, to bee in that same estate and condition, and have the same libertie concerning ward lands, which they had before the making of the said Act, and as if the famine had never beene made, Which our said Soveraign Lord & Estates of Parliament declares to be extinct, and of none availe, force, nor effect in all time hereafter.

ACT LIX. ANENT THE BREADTH OF PLAIDING. 16. November, 1641.

WHereas our Soveraign Lord and Estates presently assembled, understanding that the plaiding of this Kingdom is one of the most ancient & prime commo­dities thereof, which of late through the inconstancy of the breadth, is likely to become of no estimation a­broade. Therefore our Soveraign Lord, with advice of the said Estates, ordains the makers thereof to make the same of no lesse breadth then of three quarters of an elne, under pain of confiscation of all that shalbe found of a lesser breadth, And farther, understanding that the Lords of his Majesties Councell had, for eschewing of the deceit in making thereof, ordained the same to bee presented in Folds and not in Rols to the market, as it was used of before, Therefore his Majesty, with consent and advice foresaid, ratifies and approves the said Act of Coun­cell dated at Edinburgh the twentie fourth day of March, 1635. yeeres, in all the heads, clauses, and circumstances thereof, and ordaines the same to takefull execution, and to stand as a law in all time coming.

ACT LX. ACT IN FAVOURS OF LAICK PATRONES Of Provestries, Prebandries, Chaplandries and Alterages. 16. November 1641.

OUR Soveraign Lord and Estates of Parliament, Ratifies and approves the Act of Parliament made by King James the sixt His Majesties Father of eternall memory, Par. 1. cap. 12. anent Provestries, Pre­bandries, Alterages, Chaplandries and collegiall Kirks, pertaining to laick Patrones, together with the act of Parliament 12. cap. 158. ratifying the famine, and ordaines the said acts to have full force and effect in all time com­ming, With this declaration alwayes, that in respect the vassals which [Page 148]held lands of the saids Provests, Prebanders, and others foresaids, are put to a great uncertainty of their Superiours, it not being knowne to them, who are provided to the saids Provestries, Prebandries, Chaplandries, Alterages, and others foresaids, by reason there is no publike Register, to the which they may have recourse for knowledge and notice thereof, and that the farthest that they can know by any registers, is the infeftments and seasings made to these who are laick Patrons holding of His Majestie: There­fore for securing of the vassals, who hold Lands, Mils, Fishings, Te­nements, annual rents of others whatsoever of the saids Provestries, Prebandries of collegiall Kirks, or of Chaplandries, Alterages and o­thers of that nature, at any time of before: It is Stature and ordained that the entry of the saids vassals by retour precept of clare constat, resignation, comprysing, or other wayes whatsoever, shall pertaine to the laick Patrones and their successours, who stands infest in the said laick patronages holding immediately of His Majesty, and that the entrie of the vassals by them, shall be als vallid and sufficient to the saids vassals receivers thereof, as if they were entered by the Titulars of the saids Provestries, Prebandries, Alterages, Chaplandries, and others foresaids, and that the said laick Patrons shall be in all time com­ming in their places as superiour to the said vassals, and to have the same power, to give infeftments to his Majesties Subjects upon retour, or by precept of clare constat, or by resignation, comprising, or any other manner of way, with gifts de novo damus, and that without consent of persons, provided, or to be provided to the saids Provestries and Prebandries of collegiall Kirks, Alterages, Chaplandries, or others titulars of collegiall Kirks, and alse without consent of the chapter or convent of the said Prebandries therof, or most part of the same, which of before was in use and custome, whereanent and anent all acts in the contrair his Majesty with consent foresaid, dispences for ever, reserving alwayes to the titulars of the saids Provestries, Prebandries, Alterages, Chaplandries, and others foresaids, the fruits, rents, and emoluments of the saids Provestries, Prebandries and others foresaids, which are no wayes prejudged by this present Act.

It is hereby father statute and ordained, where there is any Preban­dries, Chaplandries, Alterages, or others foundations of that nature a­bove mentioned, founded and situate within any burgh royall of this Kingdome, that the Provest, Bayliffes, and Councell of that Burgh where the famine are founded, are and shall be in all time comming on­ly indoubted Superiours, by whom, and by no others, the vassals and tenants, enter in manner above specified, the Provest and Bayliffes being alwayes Patrons.

ACT LXI. ACT DISCHARGING QUOTES OF Testaments. 16. November 1641.

OUR Soveraign Lord, with advice and consent of the Estates of Parliament, taking to consideration the great burden, hurt, and prejudice his Majesties lieges have sustained thir many years by-gone, by exacting of great quote the time of the confirmation of the de­functs Testaments, to the wasting and consuming of the means and estates of Minors in speciall, and to the generall grievance of persons of all sorts: Therefore our Sove­raign Lord, with consent foresaid, out of his Highnesse gracious care, and fatherly affection to the weal and ease of all his Majesties subjects, statutes and ordains, that no quote shall hereafter be payd by any of his Majesties subjects, for any Testament of whatsoever qualitie, to be con­firmed by them: And for that effect discharges all Commissars, Com­missars Clerks, Fischals, and others whom it effeirs, not to exact nor up­lift any quote, for whatsoever Testament to be confirmed hereafter, the party confirmer paying allanerly the other ordinar dues as appertaine.

ACT LXII. COMMISSION FOR REGULATING OF Commissariates. 16. November, 1641.

OUr Soveraign Lord, with advice and consent of the Estates of Parliament, hath given and granted, and by the tenour hereof gives and grants full power and Commission to these persons, who shall be nominate by the Lords of secret Councell, to whom his Ma­jestie and Estates of Parliament remits and refers the nomination of the Commissioners to the effect after specified, or any five of the saids Commissioners, to be nominate by the saids Lords of Secret Councell, as said is, for ordering the Com­missars jurisdiction, and clearing the bounds and limits thereof, that there be no occasion of question betwixt them and other inferiour Judges, with power to the saids Commissioners to regulate their judi­catories, and set down prices upon the Seales, Testaments, Summonds, Acts, Decreets, and all other Writs concerning that Office, to be taken by Commissars, their Clerk, or Procutor Fischall, all quotes of Testa­ments being specially discharged to be exacted in any time comming, and to settle and establish the fees of the Commissars of Edinburgh: and for that effect to meet and conveen at Edinburgh the [...] day of [...] with power to them to appoint diets as oft as they shall think fit, untill the said Commission take effect anent the particu­lars foresaid: And whatsoever the saids Commissioners, or their Quorum, shal determine and conclude thereanent, our Soveraign Lord, with advice foresaid, ratifies and approves, and ordains the same to have the strength, force, and authoritie of an Act of Parliament.

ACT LXIII. ACT DISCHARGING MONOPOLIES. 16. November 1641.

OUR Soveraigne Lord and Estates of Par­liament, considering the great hurt and pre­judice sustained by sundry his Majesties lie­ges, by the Monopolies used and exacted within this Kingdome, and which have beene conferred to the use of any particu­lar person or persons, to the great hurt and prejudice of others his Majesties lieges, and specially the gift for selling Tobacco, granted to Sir James Lesley, and Thomas Dalmahoy, the Patent of the Lether granted to the Earle of Marre, the Patent of Pearling granted to [...] Bannatine, the Patent of Pearle granted to Robert Buchane, the Patent of Armorie granted to Harrie Mauld, Therefore our Soveraign Lord and Estates of Parliament, by the tenour hereof annuls, rescinds, and simply discharges the particular gifts foresaids, granted to the persons above written, and all that may follow, or hath followed thereupon, And ordains the same and all other Patents of that nature, purchast or to be purchast for the benefit of particular persons, in prejudice of the publick, to cease and be in­effectuall in all time comming.

ACT LXIV. COMMISSION FOR MANUFACTORIES. 16. November, 1641.

OUR Soveraign Lord and Estates of Parliament, considering how necessary, expedient, and profi­table the erecting and maintaining of Manufacto­ries will be for this kingdome, as well in kee­ping great quantities of money within the same, which is now daily exported for wrought com­modities, as in setting poore ones on worke, re­straining of idle beggars, increase of vertue, and bringing of moneyes into the Countrey: And this being a matter of so great goodnesse, wished by every man, and oft times aymed at, to be brought to some perfection, as witnesse ma­ny severall acts of Parliament, acts of Convention and Councell, e­specially King James the sixth his seventh Parliament, cap. 113. Item King James 6. his 15. Parliament, cap. 250. and 252. Item the acts of Councell, May 1597. July 1600. November 1601. December 1601. May 1612. Octob. 1614. August 1616. July 1620. Feb. 1623. July 1623. Item the acts of Convention, June 1605. November 1625. August 1626. [Page 151]yet the famine hath not as yet made any considerable progresse, for want of cherishing, entertainment, and right order for prosecution thereof: In consideration whereof, His Majesty and Estates of Par­liament, being resolved to use all ordinar meanes for erecting, cheri­shing, and maintaining of Manufactories within this Kingdome, And His Majesty, with advice and consent foresaid, being graciously pleased to grant all Liberties, Priviledges and Immunities to the erectors there­of, Therefore His Majesty and Estates foresaid, gives, grants and commits to these persons, or Quorum thereof, who shall be nominate by the Lords of secret Councell, (to whom the Kings Majesty and Parliament hereby gives the nomination of the saids Commissioners, and Quorum thereof foresaid, to the effect after specified,) full power, warrant and commission, to meet and conveen at Edinburgh, or any other place or places, at such dayes and times they or the said Quorum shall think fitting, and there to consult, advise and determine upon the best rules, overtures and propositions, and wayes for erecting and main­taining of the saids manufactories of all sorts: With power to them, or the said Quorum To call and conveen before and with them, any person or persons who can give them information or assistance in the saids businesses: As also with power to them, or their said Quorum to appoint correction-houses in such parts of the King­dome, as they shall think most conduceable for the good of the saids Manufactories, and restraint of idle and masterlesse beggars: As also with power to them to prescribe rules and wayes for assisting, supply­ing, and maintaining of these who have already, or shall, during the time of this Commission, erect and entertaine any of the saids Manu­factories, and to direct letters against masterlesse people, and their re­ceptars, as well to burgh as land-ward, commanding them to worke at such reasonable rates, as the said Commissioners, or Quorum there­of, shall appoint: With power likewise to them to make Corporati­ons, and to grant them priviledges, conforme to the lawes of the Kingdome. And sicklike, his Majesty, with advice foresaid, out of his gracious favour and bountie, doth hereby, for the better encourage­ment to all these who have undertaken, or shall undertake the erecting and maintaining of the saids Manufactories, or any one thereof, gives and grants to them the priviledges and immunities following, viz. all Spanish and forraigne fine wool, for making of fine cloth, shall be custome free: Item, all litster ware, oyle, and others necessaries for the use of the saids workes allanerly, shall be free of all Customes and Impost: Item, all parcels of cloth, Seyes, and others, made by any who have erected, or shall erect any of the saids works, shall be Cu­stome and Impost free for the space of fifteene yeares after the erecting thereof: Item, the workers of the saids works erected, or to be ere­cted, shall be free of any taxation or imposition to be imposed on the Kingdome for any occasion by-gone or to come: Item, it shall not bee leasome to any in the Kingdome to hire, reset, or entertain any of the servants of the said works, without consent of the Masters thereof.

ACT LXV. COMMISSION BY THE KING AND Parliament, to the Lords of secret Councell. 16. November, 1641.

OUr Soveraign Lord, with advice and consent of the Estates of Parliament, Considering that his Majestie being now actually present in his royall person in this his native and ancient Kingdom, and willing before his returne to England (where his Majesties more ordinat residence hath been heretofore, and will apparently be in time coming) to leave behind him such a pledge and testimony of his tender respect, royall care, and fatherly affection for establishing the good and happie governement of this his Majesties ancient Kingdome, as in some measure may supply the want of his royall presence amongst them, Hath to this effect, out of his native goodnesse, condescended to an Act made in this present Session of Par­liament with consent of the Estates, whereby his Majesty for himselfe and his Successours, hath willed, enacted, and ordained, that now and in all time coming, the Officers of State, Lords of secret Councell, and Lords of Session, on whose care, wisedome, and fidelity in their seve­rall judicatories (which next unto the supreme Court of Parliament are the chiefe and principall judicatories) depends the weal and happi­nesse of the government, shall be chosen now and in all time comming, by His Majesty and his Successours, with advice and approbation of the Estates of Parliament when they are sitting, and for the interim, with advice of the Lords of secret Councell and Session respective, as in the said Act of Parliament at more length is contained: Therefore His Majesty hath, with speciall advice and approbation of the saids E­states, nominated, elected and chosen the persons after following, Lord Loudoun Chancellour, Duke of Lennox, Marquesse of Ham­miltoun, Earle of Argyle, Earle Marshall, Earle of Sutherland, Earle of Mar, Earle of Mortoun, Earle of Eglintoun, Earle of Cassils, Earle of Glencairn, Earle of Murray, Earle of Pearth, Earle of Dumfermling, Earle of Wigtoun, Earle of Kinghorne, Earle of Roxburgh, Earle of Sea-forth, Earle of Lauderdaill, Earle of Lo­thian, Earle of Kinnowl, Earle of Southesk, Earle of Weymes, Earle of Dalhoussie, Earle of Finlater, Earle of Lanerk, Earle of Levin, Lord Angus, Lord Lindesay, Lord Yester, Lord Sin­clair, Lord Elphingstoun, Lord Balmerino, Lord Burghlie, Lord Almond, Lord Balcarras, Clerk Register, Advocate, Justice Clerk, Thesaurer Depute, Master of Requests, Sir Robert Gordoun, Sir Wil­liam Douglas, Sir Patrike Hepburne, Lord Dundas, Lord Fintrie, Lord Cambo, Lord Dun, Lord Innes, Lord Morphie, The Provest of Edinburgh for the time being, and thir supernumerarie Councellors English, viz. [...] Earle of Arundall, [...] Earle of Pembroke, Earle of Salisbury, [...] Earle of Holland, To whom, or any nine of them, by [Page 153]these supernumerary above named, His Majesty with advice and consent of the said Estates hath committed, and commits the administration and governement of this his Majesties native Kingdom in all affaires con­cerning the peace, good, and happinesse thereof, which by the Lawes and Custome of this Kingdome, pertaines to the judgement, cognition, and determination of his Majesties privie Councell, with power to them, or any nine of them, as said is, to meet and conveen at the place appoynted for the ordinair residence of his Majesties privie Councell within the burgh of Edinburgh, or at any other place or places, which by common consent in case of any necessity or urgent occasion thereof, shall bee found most fit and convenient, and there to advice, consult, deliberate, conclude, decerne, and determine upon all and sundry af­faires, purposes, and actions, which may concerne the good and peace of the Kingdome, according to the Lawes and Acts of Parliament e­stablished, or to bee established within the famine, and to heare, decide, and determine upon all causes and actions betwixt Subject and Subject proper to bee decided by the Lords of his Majesties privie Councell, and that none bee present at their meetings but such as are of the privie Councell, with the clerke of the privie Councell, whom his Majesty with advice foresaid continues in his place as of before: His Majesty with advice and consent foresaid hath likewise given and granted, and by the tenour hereof gives and grants full power and Commission to the said Councell and every one of them upon any interveening oc­casion of disorder or trouble in such parts of the Countrey, where they shall remaine for the time, To command and charge the person or per­sons committers of such disorders to observe and keepe his Majesties peace, and to charge the contraveeners thereof to enter their persons in ward, in such part or places, or within such a short space, as the said Councellour shall think meet, there to remaine till order bee taken by a full number of the Councell in the matter wherein they have offen­ded, Providing alwayes he be comptable to his Majesty and the rest of the Councell, and that no just cause of complaint be heard against him: And if the person or persons so charged to ward, shall happen to dis­obey and contemn the charge, his Majesty with advice and consent of the saids Estates declares, that upon report thereof to the Councell, a pecuniall summe shall be imposed upon the offender, according to the quality of his person and nature of his offence, and the Councell is to cause apprehend the offenders, and commit them to ward, with power likewise to the said Councell to make and set downe Acts and Ordi­nances for governement of the Kingdome, and suppressing of disorders within the same, With power likewise to the said Councell, to give and appoynt Assessors to the Justice generall and his Deputies in case of necessity, and to give warrant to the said Justice, his Deputes, and Asses­sors, for continuing execution after conviction, or for mitigating the pu­nishment of the Law in criminall causes, if the nature and quality of the crymes shall require, & to grant Commissions of Justiciarie in matters criminall, & other Commissions in matters concerning the weale of the Kingdome, and als with power to them to give warrant to the said Justice generall, his Deputes and others Commissioners foresaids, for [Page 154]imponing of fines or pecuniall summes upon the crimes of Adultery, bearing and wearing of Hagbuts and Pistolets, usury, and such other transgressours of the acts of Parliament, where the punishment by the Law is inflicted upon body or goods, or left to the arbitriment of the Judge: And likewise with power to them, to grant exemptions from hostes, raids, assises and licences, for departing out of the Kingdome, according to the conditions contained in the act of Parliament: And alse with power to the said Councell, in case an open and avowed rebellion shall happen to be raised within the said Kingdome, which cannot be redressed but by force, To give com­mission of Lieutenantrie and Justitiarie for repressing of the said rebel­lion, and to direct charges to such parts of the countrey as they shall think fit for concurrence to be given in execution of the said commissi­on, and to give order and direction to furnish and advance the summes of money that shall be requisite in such expeditions: With power like­wise to the said Councell to raise the Session upon any interveening oc­casion or necessity, and to appoint times and places of their downe sit­ting: And generally, with power to the said Councell, to do, use and ex­erce all and every thing, which the Councell of the said Kingdome did, or might have done the time of his Majesties late Father: Pro­viding alwayes, like as his Majesty expresly provides, with advice and consent foresaid, that this Commission shall no wayes be prejudiciall to the commission of Exchequer: And it is declared that any nine of the said Councell shall be a sufficient number and make a Session, pro­viding the Lord Chancellour be one of the nine: and in case of the ab­sence of the said Lord Chancellour, it is declared that it shall be law­full to any nine or moe of the Councell conveened in the ordi­nar place, and at the indicted time of meeting, to choose one of the number conveened, who shall preside at the meeting als oft as the Lord Chancellour shall be absent. And his Majesty and Estates, considering that the often absence of the most part of the Councell, and their not attendance upon the charge and trust concreded unto them, will be a great impediment and hinderance to his Majesties ser­vice, Therefore his Majesty, with advice foresaid, declares, that it is his speciall pleasure and command, that the Lord Chancellour, or Pre­sident of the Councell, to be elected as said is, doe see and provide that the Councell be frequent, specially in great and weighty matters of E­state: And if upon occasion that requires the number of the Coun­cell to be more full then the said Quorum, the Lord Chancellour, or President to be elected in manner foresaid, shall write to such others of the Councell as they think fit to be present, and give their atten­dance: In which case, if any disobey, without a licence obtained from his Majesty, or the Quorum of the Councell, or without some rea­sonable cause (either of which shall excuse their absence) then and in that case his Majesty, with advice foresaid, wils, that the absent shall be censured by the said Councell, as a neglecter of his Majesties ser­vice, and that his Majesty be advertised thereof. And it is declared, that if any of the saids Councellours places vaiks by decease, dimission, or deprivation, that his Majestie in the interim shall nominate another [Page 155]of the same degree and quality in the vacant place, with advice of the most part of the Lords of Privie Councell, they being all pre­sent at the said election, at the least lawfully warned to that effect, upon fifteene dayes warning, conforme to the Act of Parliament made thereanent: Which election made in the interim, as said is, shall be al­lowed or disallowed by his Majestie, with consent of the Estates in the next ensuing Parliament, as they shall think expedient. And als his Majesty, with consent of the saids Estates, gives power to the saids Lords of Secret Councell, or any nine of them, as said is, to set down such rules and orders for their meetings and attendance, and spaces and times thereof, as they shall resolve, appoint, and ordaine amongst themselves: And wils and declares, that the saids Lords of Secret Councell, now nominate, as said is, and these who shall be surrogate in their places in the interim, in manner foresaid, shall have, bruik, and enjoy their places ad vitam vel ad culpam, and shall be liable to the cen­sure of his Majesty and the Estates of Parliament, anent their procee­dings therein, firme and stable, holding whatever by the saids Lords, or any nine of them, as said is, shall be lawfully done in the premisses: And decernes and ordaines all his Majesties lieges and subjects to re­verence, acknowledge and obey the saids Lords of his Majesties coun­cell in all things concerning the charge and trust committed to them, as said is, under all highest paine and charge which after may follow: And this Commission to indure to the next Parliament and longer, ay and while the same be expresly discharged.

ACT LXVI. ACT DISCHARGING THE CUSTOME Of two and an halfe of the hundred, and the Im­post of foure pounds on the Tunne. 17. November 1641.

OUR Soveraign Lord and Estates of Parliament, considering that the prices of all Merchandize doe daily rise to exceeding great dearths, which is alledged to bee occasioned through extraor­dinary Customes and Impositions: For remeed whereof his Majesty, with advice and consent of his saids Estates, doth discharge all and sundry whatsoever Customes and Impositions exacted by the Customers, which are not allowed and approved by the Acts of Parliament, and especially the late Cu­stome of two and an halfe per Centum, and late new Imposition of foure pound upon the Tunne of wine, and all raising of his Majesties Customes, directly or indirectly, without consent of Parliament. And because that the too much troubling of Merchant estate, and drawing of Masters and Mariners from their ordinary charges, doth much im­pede the trade: Therefore his Majesty, with advice and consent fore­said, [Page 156]discharges the taking of Merchants, Masters, and Mariners oaths in the matter of Customes: and to the end that the subject of trade may not be restrained with unnecessary customes, therfore his Majesty, with consent foresaid, declares, that all goods and Merchandize im­ported from forraine places to this kingdome and out, paying inward Custome, shall be free of all outward Custome, according as is used in England and Ireland. Like as his Majestie declares, that he consen­ted to the Act above written upon this condition, that commission and warrant be granted to the Exchequer to establish the Booke of Rates according as the prices of merchandize now rules, and his Majesty per­mitted the option to the Burrowes: Whereupon the Burrowes ha­ving advised, they made choice to be ruled by the Booke of Rates a­nent the Customes, and consented that Commission should be granted to the Exchequer to establish the Booke of Rates, according as the pri­ces of Merchandize now rules: In respect whereof, our Soveraigne Lord and Estates of Parliament ordaine a Commission to be drawne up to the Exchequer to the effect foresaid, and extracted thereupon, for establishing the Booke of Rates, according as the prices of Mer­chandize now rules. And therefore our said Soveraigne Lord and E­states of Parliament, ordaines the Act above mentioned to stand as a law in manner, and to the effect before rehearsed.

ACT LXVII. ACT IN FAVOURS OF MINORS ANENT The duties of the lands comprised from them. 17. November 1641.

OUR Soveraigne Lord, with advice of Estates of Parliament, ratifies and approves the Act of Parlia­ment made in August 1621. cap. 6. in so farre as the famine concernes Minors, and declares, that the true meaning thereof was and is, that Minors, having right to the legall reversion, should be no further ob­liged, than during their minoritie of 21 yeares of age, but allanerly for the annuall rent of the summes contained in the comprisings, and that they tyne not the right of the superplus of the mailes and duties of the lands, so farre as the famine exceeds the said annuall rents induring their said minoritie.

ACT LXVIII. ACT ORDAINING THE COMMISSIONERS For the Thesaurarie. 17. November 1641.

OUR Soveraign Lord, Considering that His Majesty was lately pleased to conde­scend to the humble desire of His Majesties Estates of Parliament, to nominate by their advice and approbation, His Officers of E­state, of whom his Majesties high Thesau­rer is one, And that His Majesty for the present is not resolved upon the nomination of any particular person, to enjoy the said place, but hath with advice of the saids Estates, taken present course to supply the want of a principall Thesaurer, by a Committee, Therefore His Majesty with consent of the saids Estates, makes, nominates and constitutes, John Earle of Loudoun, High Chancellour of this Kingdome, Archbald Earle of Argyle, Lord Campbell and Lorne, William Earle of Glencairne Lord Kilmars, John Lord Lindesay of Struther, and Sir James Car­michael of that ilk Knight, Thesaurer Depute, his Majesties Commissi­oners to the effect under-written: And gives and grants to them or any three of them, the full place and power of His Majesties high Thesaurer, Comptroller, Collector and Thesaurer of his Majesties new augmentations, with all liberties, priviledges, immunities, bene­fits and emoluments whatsoever pertaining to the said place of high Treasurer, Comptroller, Collector and Thesaurer of his Majesties new augmentations, and that in as ample manner and quality, as the famine was in the Persons of any of His Majesties high Thesaurers, in any time of before: With power to them, or any three of them, to uplift, gather, and intromet with all and sundry His Majesties rents, revenewes, customes, imposts, casualities, commodities, dueties, and others whatsoever, any wayes belonging to his Majesty within this Kingdome, or to his Majesties dearest Sonne the Prince, and that of all years and termes by-gone, and yearely in time comming, and with power to them, or any three of them, with advice of the remanent Commissioners of Exchequer, contained in his Majesties Commission under the great Seale, and according to the tenour thereof, to com­pone, passe and subscribe signators, gifts, confirmations, escheats, life­rents, remissions, tutories, gifts by forfeiture, recognition, wards, marriages, reliefe, non-entresses, legittimations, presentations, taks, rentals, licences, dispensations and others dispositions, writs and secu­rities whatsoever, pertaining to the saids Offices, or any of them, or to the power and priviledges thereof, But prejudice alwayes to the said Sir James Carmichael Thesaurer Depute, of his gifts of the office of Thesaurary Depute, whole liberties, power and priviledges therein contained, which are holden, as herein exprest, but adding or paring [Page 158]to him in the point of receiving, and without derogation in any sort to this present act and commission: And it is declared that the yearly fees and other casualities due to his Majesties principall Thesaurer, and especially the summe of foure thousand pounds scots money shall bee divided equally amongst the saids first foure of the said commissioners by the said Thesaurer Depute, who hath right to his owne fee and casualities, by vertue of his gifts granted to him thereupon, And His Majesty with consent foresaid, ordains the Lords of His Majesties Pri­vie Councell, Session or Exchequer, to grant and direct letters at the in­stance of the saids Commissioners, for answering and obeying them, their chalmerlands, under receivers and officers of all and sundry of His Majesties rents, casualities, customes, imposts and duties belonging to the said office, and that enduring the time of this present Commission which shall endure to the next Parliament.

ACT LXIX. ACT ANENT RESTITUTION OF HORSE And Armes, to the Owners, out-putters thereof. 17. November 1641.

OUR Soveraign Lord and Estates of Parliament, Con­sidering that diverse Souldiers, aswell foot as horse, who were imployed, reiked out & sent forth with the Armies and Regiments levied during the time of the late troubles, Having at their going forth and out­reiking, received troup-horses, arms, ammunition, hor­ses, and baggage horses from the heritors of lands and others who did reik and send them forth, and that the saids Souldiers keepers up, and withholders, or have put away the saids horses and armes intrusted to them from the owners thereof: Therefore Our said Soveraigne Lord and Estates of Parliament, doe hereby grant full power and warrant to the Committee appointed from the Parliament for regulating and setling of the common burdens and debts of the Kingdome, and to all other Judges ordinair, aswell to Burgh as Land within this Kingdome, within whose bounds any such persons dwell, or can be found, who have keeped or detained either horses or armes. That the saids Judges do forthwith upon complaint of the partie, owner of the saids horses and armes, call the receivers and detainers or out-putters of them, before them, and to discern and ordain them to deliver the saids horses and armes, to the saids owners or the prices of same, their receit of them being lawfully proven: And with power to the saids judges, to do every thing as lawfull and necessair, anent the premisses agreeable to Justice, and the Lawes of the Country.

ACT LXX. ACT SALVO JURE CUIUSLIBET. 17. November, 1641.

OUR Soveraigne Lord and Estates of Parliament, Considering that in the present Parliament there are many particular Acts, and Acts of ratifications made in favours of par­ticular persons, which may be pre­judiciall to parties having intrest, and not heard, albeit the meaning of the Estates be at this time, as it was ever in all preceding Parlia­ments, That by no particular Act, or Act of ratification granted to any particular person, any other parties should bee hurt or pre­judged of their lawfull rights and defences, competent to them of the Law: For remeed whereof, it is statute and ordained, that no ratification, nor other particular Act whatsoever, made in favours of any particular person, in this present Parliament, be prejudiciall to any other parties rights or defences competent to them of the law: But that the saids particular Acts, and Acts of Ratification made in favours of particular persons, be alwayes understood salvo jure cu­jus [...]ibet.

ACT LXXI. ACT APPOINTING THE NEXT PAR­liament to conveen the first Tuesday of June 1644. 17. November 1641.

OUR Soveraigne Lord and Estates of Parliament, Considering, that forsameikle as by the Act of Par­liament made in the Session of this present Parlia­ment holden at Edinburgh in June 1640. anent tri­enniall Parliaments: It is statute and ordained, that before the closure of every Parliament, the day of the next subsequent Parliament shall be condescen­ded upon. And because this present Parliament is this day, by the as­sistance of God Almighty, and his Majesties great wisedome, to be [Page 160]brought to an happy conclusion: Therefore his Majestie and Estates foresaids, appoint and ordaine the first Tuesday of the moneth of June in Anno 1644. yeares, to be the day of meeting and conveening of the next trienniall Parliament, But prejudice alwayes to his Majesty to appoint any diets of Parliament betwixt and that day, as his Majesty shall think fitting: And ordaines all the Members of Parliament to meet and conveene at Edinburgh the said first Tuesday of June 1644. and all other persons interessed, without any other or farther warning and premonition to be made for that effect: declaring hereby, that the publication of this Act, with the rest of the Acts of this present Ses­sion, shall be als sufficient for meeting and conveening of the whole Members of Parliament, as if all former solemnities were used, where­anent his Majesty and Estates hereby dispenses.