SOME PARTICVLARE acts made by our sovereign Lord his Commissioner and Estates in the Parliament holden at edinburgh the 24 of june 1609. by his most Excellent Majesties special direction, recommended to the Estates in Parliament, and by them grauelie and maturely advised: for the which they render all thankes to God with their humble and hearty prayer for his majesty to reign long over his Dominiones.  
edinburgh Printed by Robert Charteris, Printer to the Kings Most Excellent majesty. An. Dom. 1609.  

cum PRIVILEGIO REGIO.    

SOME PARTICVLARE acts made by our sovereign Lord his Commissioner and Estates in the Parliament holden at edinburgh the 24 of june 1609. by his most Excellent Majesties special direction, recommended to the Estates in Parliament, and by them grauelie and maturely advised: for the which they render all thankes to God with their humble and hearty prayer for his majesty to reign long over his Dominiones.  

Act of the Commissariates and jurisdiction given to Arch-bishops and Bishops.  
our sovereign Lord understanding that in all well governed republics, the jurisdiction civill and ecclesiastic are several, distinct and diuers jurisdictions, which ought to be by the persons to whom the same properly belongs: And according to his Highnes most loving & princely affection born always to the christian reformed church within this realm, being most willing that the said Church should brook and ioise their liberties, privileges, freedom and jurisdiction granted unto them by his majesty( from whom only their temporal jurisdiction doth flow) and in that regard belonging to them as being one of the estates of Parliament most necessare to be maintained for giving of their advice, counsel and assistance in all his majesties great and weighty affairs, Hes with express advice and consent of the estates of Parliament restored and redintegrate the Arch-bishops and Bishops of this realm to their former authority, dignity, prerogative, privileges and jurisdictions lawfully pertaining and shal be known to pertain to them( always flowing from his majesty, as well as any other ordinar jurisdiction doth) and specially to the jurisdiction of commissariates and administration of iustice by their commissioners and deputies in all spiritual and ecclesiastical causes controverted between any persons dwelling within the bounds & diocees of their prelacies and bishoprics: With full power to the saids Arch-bishops, Bishops and their successors in all time hereafter to nominate & create sufficient, wise, discreet and learned men, best acquainted with the law and practic of this realm, to serve and administrate iustice in the saids places of iudicatorie, to constitute clerks and all other under-officers so oft as the same shall vaik by dismission, decease, deprivation or otherways, and to provide others in their places with as great freedom and liberty as any Arch-bishops or Bishops in this realm formerly hes done: Which commissares to be nominate and create by them shall judge and decide in all causses belonging to their iudicatorie: and wherein the commissares presently in office are in use to decide, keeping the same style and form which is presently observed, and that manner of proceeding which shall be prescrived and enjoined to them by special iniunctiones without any alteration of the present laws or introduction of new and uncouth practics vpon the subiects and lieges, and shall haue power of confirmation of testaments everyone of them within their own bounds, the quotes thereof to be payed to the Arch-bishops, Bishops, their chamberlains, factors and vnder-receivers appointed by them. For the better effectuating whereof his majesty and estates of Parliament ordains letters of horning to be given and granted by the Lords of Session in that same very force that the Commissares present hes it, for execution of al their sentences and decreetes which shall happen to be pronounced, and compelling of persons to enter and confirm the testaments of their defuncts in the very same maner that formerly hes been done. And for maintaining all things in better order and the restraining of unlawful divorcements too frequently practised within this realm, to the high dishonour of God and slander of true Religion, His majesty with advice and consent foresaid hes statute and ordained that in the burgh of Edinburgh there shal be resident always four Commissares, two to be nominate and appointed by the Arch-bishop of Sanctandrois, and two by the Arch-bishop of Glasgow, who shall haue the only power to decide in all causles of divorcement, As likewise shal haue power of reduction of all decreetes pronounced by any other Commissares to the hurt and prejudice of any of the lieges: Before whom it shall be only lawful to intend and persew reductions of inferior Commissares their sentences and decreetes in prima instantia. And incace the saids Commissares to be appointed by the Arch-bishops of Sanctandrois and Glasgow, as said is, perform not their duty, the Lords of Session shall haue power to try, cognosce and determine in the same: and shall judge vpon all decreetes & sentences alleged to be wrongouslie pronounced by them, And that because they are his majesties great consistory, to whom his Highnes with advice of the saids estates, gives and grants an high and supreme commission for al such causses, to judge and determine in such caces, And declares that it shall be lawful to the saids Lords of counsel and Session To advocate causses to themselves from any of the Commissares, vpon just & lawful complaints made to them by any of the subiects, and not otherways. providing always that the said Session shall ever be ready to give an account to his majesty that their advocations haue been grounded vpon probable and lawful grounds for the well of the subiects. And that this foresaid act may be put in present effect, his majesty with advice foresaid declares all former erections of Commissariates to be suppressed & extinct from this forth and for ever, all constitutions that haue been in former time of the same in whatsoever part of the realm the same hath been erected, and by whatsoever manner the same hes proceeded, acts of parliament secret counsel and others made thereanent. And in like maner discharges and annulles all presentations, gifts and dispositions made by his Highnes to the Commissares present, or to any others concerning the said commissariates, and all rights acquired by them by decease, dismission, or howsoever the same hes vaicked, and all gifts and dispositions made in favours of their clerks and members of Court, by whatsomever manner or order the same hes proceeded. With this provision always that the Commissares presently in office, their clerks and other members of Court, who shall be authorised with testimonial from the Lords of Session of their sufficiency & qualification to their several places and offices, shall brook and joise the same, they always receiving a new presentation and gift of their offices from the Arch-bishops and Bishops of their dyosies where they serve, between and the first day of December next to come: otherways if incace the saids Commissares and other members of court do not produce the foresaid I estimoniall from the Lords of Session, as said is, It shall be lawful to the Arch-bishops and Bishops to provide other sufficient persons to the saids places, The restitution of the said jurisdiction always to be with express reservation of his Highnes and his successors their prerogative & supremacy in al causses ecclesiastical and civill within this realm. providing that this present act shall no ways be hurtful nor prejudicial to the heritable right of the commissariate within the bounds of Argile pertaining to Archebald now earl of Argile, but the same to stand in the same fore, strength and effect as it was before this present act, And notwithstanding thereof or any clause therein contained Prout de jure.   

Act of the Commissioners of the peace.  
FOrasmuch as among the infinite monuments and testimonies of his majesties true piety, singular wisdom, sincere zeal to justice and fatherly care of his people, the estates of this kingdom haue not found any bringing more deserved commendation and permanent renown to his majesty, or greater profit, quietness and comfort to his Subiects, nor his constant perseverance in his most religious and prudent resolution to extirpate the ungodly, barbarous and brutall custom of deadly feeds, which by the inveterate abuse of many bypassed ages was become so frequent in this realm, as the subiects of greatest rank and quality upon every naughty occasion of base and unworthy contraversies of neighborhoode, for turves, fold-dykes, furs or marches of lands; foolish words or drunken discords between their meanest servants and dependers, and any other in the country, did so readily embrace the protection of their vnjust and unnecessary quarrels as did many times involue themselves and their whole friendship in most bloody and mortal troubles, which they did prosecute with such malice and cruelty, as to the extreme perrell of their souls, infamy of their memorial, and overthrow of their own and their adversaries houses, Did distracted the kingdom in opposite factions, and many times furnished matter of most pernicious, seditious and civill warres. The inconveniences whereof being manifestly seen and sensibly felt both by the Princes and people of this realm in many bypassed ages and earnestly sought to haue been removed yet the corruption was so universal, that the greatest part prevailing against the best, that cruel barbarity had both continuance and daily increase, until his majesty bending the excellent wisdom and rare graces of his royal mind( wherewith God hes endued him more abundantly then any King that ever did reign in this island) against that godless, unnatural and beastly custom, did device and establish a most godly, just and prudent law and ordinance for the course to be observed, for removing vpon equitable and just conditions the deadly feeds, which then stood in great number between the most powerful subiects in this kingdom and their kinsmen, assisters and partakers: In the execution whereof, God having miraculously assisted his majesties most holy & just intention, after exceeding great care and pains ta'en by his majesty in trial of the original causes of the saids discords, the true circumstances of the injuries and loses sustained by either party, and in prescriving due satisfaction to be indifferently made for redress of all bypassed harms and wrongs, his majesties admirable constancy hes so overcome all difficulties, that the whole known feeds within the kingdom being now removed by perfit reconciliation, & just contentment of all parties having interest therein, his majesties whole subiects finds such joy and happiness in the sweet fruits of his wisdom and providence expressed in that case, That they earnestly wish that his majesty who hes so carefully exterminate that abominable pest of deadly feeds, may in his singular wisdom find means for ever to prevent the reviuing of that monster. Wherein his majesty considering that nothing gave so great growth and strength to that bypassed barbarity as the slowth of magistrates in not suppressing the first feeds of these dissensions, which being small and weak in the beginning, for peets, turves, devets, fold-dykes, poyndings, neighborlie marches, injurious words or light brawls, were then easily to be settled, if diligence and authority had been joined for repressing thereof, which being neglected by these to whom it appertained, these light jars and insolences did very oft kindle such flames of disorder, distension, rank or and feed, as in many yeeres with great streams of blood, desolation and ruin of great and ancient houses and razes could hardly be quenched. For remeede whereof his majesty & estates foresaides Ratifies and approves the former act made by his Highnesse for abolishing deadly feeds in every head, clause and article thereof. And farther statutes & ordains that in every shire within this kingdom there shall be▪ yeerelie appointed by his majesty, some godly, wise and virtuous gentlemen of good quality, moyen & report, making residence within the same, in such number as the bounds of the shire shall require, to be Commissioners for keeping his majesties peace, to whom his majesty with advice of the Lords of his privy Counsel shal give power & commission to foresee, try & prevent all such occasiones as may breed trouble or violence amongst his majesties subiects, or forcible contempt of his majesties authority and breach of his peace: and to command all persons in whom they shall see manifest intention to make trouble or disorder, either by gathering together of idle and disorderly persons, or by public bearing or wearing of Pistolles or other forbidden weapons, and such other riotous & swaggring behaviour: To bind themselves and find caution under competent pains to observe his majesties peace, and for their compearance before his majesties Iustice or Lords of his privy counsel, to vnderly such order as shall be found convenient for punishing their transgressions or staying of troubles and enormities: And if need bees, to require the dewtifull and obedient subiects of the shire to concur with them in preventing al such contempts and violences, or for taking or warding of the wilful and disobedient authors committers & fosterers of these crimes & disorders under such competent arbitrare pains as his majesty and Lords of his privy Counsel shall appoint for the offenders, and such of the country as being required shall not give their ready and a fold concurrence to his majesties commissioners in the premises, whereby the ordinare magistrates & officers within the shires may be the better assisted, and their absence, employments or other impediments more commodiouslie supplied, without derogation of their jurisdiction or want of ready comfort and iustice to the obedient subiects within the bounds thereof. Ordaining also the saids commissioners to give true advertisement and information to the Lords of his majesties privy counsel, Iustice general and his deputes, his majesties Thesaurer and other magistrates and officers whom it effeires, of the names of such faithful and vnsuspect witnesses and assyssers to be summoned in all crimes and disorders which shall happen to fall forth within the saids shires, as shall be known to be most meet and able for trial and probation of the same, and for eschewing that such as are either aged, sicklie or unable to travel, or ignorant of the facts to be tried, be not vnjustlie vexed or vnnecessarely drawn from their own houses and effaires for matters wherein they are not able to give any light.   

Act of the apparelles of Iudges and Magistrates.  
our sovereign Lord and estates of this present Parliament, finding by daily experiences that the greatness of his majesties empire, magnificence of his Court, same of his wisdom and iustice and of the civility of his subiects, hes already begun to 'allure divers foreign Princes and other strangers of all estates to make more frequent repair to this country nor they ever did in any preceding age: which resort of strangers will by all appearance both continue and daily more and more increase, and by them, no doubt, report will go through al the world of the estate & government of the kingdom according to the order which they shal see observed within the same whereof the rules and good example flowing from the estates of Parliament and magistrates to the whole remanent subiects of the realm, It is most necessare that such gravity and comeliness be used by the Lords and Commissares of Parliament, and other magistrates in their apparel and behaveor as may best deserve the good report and true commendation of all Princes, Noble men and other strangers who shall haue occasion to see and relate the same. The respect whereof having induced his majesty to prescriue to the nobility apparel for the Parliament becoming their estate. And understanding that the remanent members of that high Court hes not conformed themselves to that conveniency, neither yet that the course intended by his majesty for discharging noble men and gentlemen to be elected Provosts and magistrates of burrows( whereof none should be capable but burgesses actual trafickers and inhabitants of the saids burrows) hes ta'en such effect as is most necessare for preservation of the liberties & good estate of the saids burrows, & hindering the dissipation of their common good and perverting of their privileges. For remeed whereof his majesty with advice of the estates of his Highnes Parliament Statutes & or deigns that no man shall in any time coming be capable of Provostry or other magistracy within any burgh of this realm, nor be elected to any of the saids offices within burgh, but marchants and actual trafickers inhabiting within the saids burghes allanerlie, and no others. And that the saids magistrates of burrows, to be hereafter elected and their commissioners of Parliament Shall haue and wear at Parliament conventions and other solemn times and meettings when the dignity shall require it, such comely and decent apparel as his majesty shall prescrine convenient for their rank and estate, whereby they may be decerned from other common Burgesses, and be more reverenced by the people subject to their charge. And because a comely, decent & orderly habit of apparel of the Iudges of the land is not only an ornament to themselves( being a badge & mark for distinguishing them from the vulgate sort) but the same also breeds in common people that reverence and regard that is due and proper for men in these places: And this being a custom vniversallie observed almost through all Europe, The want whereof is much censured by strangers resorting in these parts. The saids estates therefore vpon infinite proofs they haue of his majesties most singular wisdom in all his directiones and of his gracious love and affection to this his native kingdom▪ Haue in all humility referred to his Highnes own appointment The assigning of any such several sort of habit and vestiment as shall be in his majesties iudgement most sitting & proper, as well for Lords of Session being the supreme Iudges in civill actions, as for all other inferior Iudges of the like causes, as also for the criminal and ecclesiastical Iudgdes, and for Advocates, Lawyers and all others living by law and practise thereof, that so every one of these people may be known and dignosced in their place, calling and function, and may be accordingly regarded and respected. Attover his majesty and estates foresaids, considering what slander and contempt hes arisen to the ecclesiastical estate of this kingdom by the occasion of the light & undecent apparel used by some of that profession, and chiefly these having vote in Parliament. It is therefore statute that every Preacher of Gods word shall hereafter wear black, grave and comely apparel beseeming men of their estate and profession. As likewaies that all priors, Abbots and Prelates having vote in Parliament, and specially Bishops, shall wear grave and decent apparel agreeable to their function, and as appertains to men of their rank, dignity & place. And because the whole estates humbly & thankfully acknowledges that God of his great mercy hes made the people and subiects of this country so happy as to haue a King reign over us who is most godly, wise and religious, hating al erroneous and vain superstition, just in government and of long experience therein, knowing better then any King living what appertains and is convenient for every estate in their behaviour and duty. Therefore it is agreed and consented to by the saids estates that what order so ever his majesty in his great wisdom shall think fit to prescriue for the apparel of Churchmen agreeable to their estate & moyen. The same being sent in writ by his majesty to his clerk of Register, shall be a sufficient warrant to him for inserting thereof in the books of Parliament, to haue the strength and effect of an act thereof, with executorials of horning to follow thereupon against such persons as within the space of 〈◇〉 after the publication or intimation to them of the said act or charges used against them thereupon, shall not provide themselves of the apparel to be appointed by his majesty for men of their vocation and estate to be used and worn by them and their successors at the times and in manner to be expressed in the said Act to be made by his Highnes thereanent.   

Act of skandalous speeches and libels.  
our sovereign Lord foreseeing that there is nothing so necessare for the perpetual well & quietness of al his subiects of this monarchy as the furtherance & accomplishment of the union of his two famous & most ancient kingdoms of Scotland & England, whereof his majesty out of his fatherly care of the peace and happiness of his good & faithful people, having most instantly & earnestly solicited the perfection, and by the assistance of the worthiest members of both kingdoms so effectually advanced the same, as he hopes, God willing, in his reign to see the wished end of that great work, which in his royal person hes received so miraculous & happy a beginning: And nevertheless finding therein such malicious lets as the devil & his supposts do usually suggest to the hindrance of al just & godly enterprises, specially by the false & calumnious brutes, speeches & writes craftily uttered & dispersed by some souls & souleles people of this realm, as well in private conferences as in their meettinges at taverns, ailehouses & plays, & by their pasquils, libels, rhymes, cockalines & bourds & such like occasions whereby they slander malign & revile the people, estate & country of England, and divers his majesties honourable Counsellors, magistrates & worthy subiects of that his majesties kingdom the contumacy whereof being able to incense the people of England to just grief & miscontentment, may not only hinder the intended union of all the good subiects of this monarchy, but stir up in them such irreconcilable evil will, as with time might bring forth most dangerous & harmful effects. For remeede & preventing whereof, his majesty remembering how straite & severe punishment hes by the laws & acts of his most royal progenitors kings of this realm heretofore been ordained to be inflicted vpon such as should device or utter false & slanderous speeches & writes to make dissensions between the Prince & his subiects, or raise sedition in the realm, and considering that al such purposes & writes as may breed disliking between the inhabitants of the saids kingdoms of Scotland & England, being now al become his majesties liege-people, equally subject and equally beloved of his Highnes, Tends to most dangerous dissension & sedition amongs his subiects: Therfore his majesty with advice & consent of the whole estates of this Parliament, statutes and ordains, That whosoever shall hereafter by word or writ device, utter or publish any false, slanderous or reproachful speeches or writes of the estates, people or country of England, or of any counsellor thereof, tending to the remembrance of the ancient grudges born in time of by past troubles,( the occasion whereof is now happily abolished by the blessed conjunction of the saids kingdoms under his majesties sovereignty & obedience) or to the hindrance of the wished accomplishment of the perfect union of the saids kingdoms or to the slander or reproach of the estate, people or country of England, or dishonour or prejudice of any counselor of the said kingdom, whereby hatred may be fostered & entertained or misliking raised between his majesties faithful subiects of this Ile. The authors of such seditious, slanderous & injurious speeches or writes or dispersers thereof, after trial ta'en of their offence, either before his majesties iustice or the Lords of his Highnes privy counsel, shall be severelie punished in their persons and goods, by inprisonment, banishment fining or more rigorous corporal pain, as the quality of the offence shall be found to merit at his majesties pleasure: And all such as hearing or getting knowledge of any such speeches or writes, shal conceal the same, and not reveile them to his majesties ordinare officers, magistrates or Counsellors, whereby the authors and dispersers thereof may be punished, shal vnderly the like trial & pain.   

Act anent sugitiue persons of the borders to them country.  
FOrasmuch as the Kings majesty is resolved to purge the middleshires of this Ile heretofore called the borders of Scotland & England of that barbarous cruelty, wickedness & incivility which by inveterate custom was almost become natural to many of the inhabitants thereof, and to reduce them to the knowledge, love and fear of God, reverence of his majesties authority, obedience of his laws and duty to their nighbors: For accomplishing of that most royal design, made choose of one to be Commissioner in these bounds, whom by many assured proofs of former employments of greatest consequence, his majesty knew to be endued with all qualities necessary for so weighty a charge: who following precisely the rules of his majesties most prudent directions, and using all possible diligence & dexterity in prosecution thereof, made so happy progress in that good course, as justly punishing the most perversed & rebellious ringleaders( whose amendment was desperate) and transporting others of them forth of this Ile, the rest were brought to very settled quietness & obedience of his majesties laws, a very few number of outlaws only excepted, who being so earnestly preached & pursued in these bounds, as al hope of escaping & longer impunity was ta'en from them, they haue by most subtle & crafty means of changing their names, and dissembling the place of their nativity, Convoyed themselves in the in-countries of this realm, and insinuated themselves in service with Noble men & others of good quality, not only thereby eschewing their deserved punishment, but also abusing and harming his majesties good subiects by their darned stouths in the incountrie transported, reset & quietly fold in the bounds of the late borders: And again stealing gear forth thereof & out of the bounds of these middle-shires, & outting & selling the same in the in-countries. Besides that others of the saides outlaws haue been alured & had reset & oversight in the in-countries by some men of rank & power to be instruments & executors of such revenge and mischief against these to whom they bear malice, grudge or quarrel, which for fear of his majesties laws and authority they durst not attempt by themselves. For remeede whereof his majesty with advice and consent of the estates of Parliament, Statutes and ordains that no man shall hereafter either receive or retain any man born or long habituate in the late borders in his service or company or vpon his lands, unless he haue certain knowledge or a true & authentic testimonial of his majesties great Commissioner of the late borders or his deputes, of the said border-mans new name and surname, place of his nativity and report of his truth and lawtie, and that he is no known malefactor, but repute a dewtifull & obedient subject, under the pain to incur the danger, and to be made answerable civilly and criminally to his majesty and all his lawful subiects for al actions and crimes which might be any ways laid to the charge of the saids broken men, for any cause or occasion either preceding or during the time of their receiving or retaining them in their service, company or upon their lands, as if the resetter had committed the saids faults himself. As likewise because some who are not known to haue committed any heinous offence in their own person obtaining testimonial of their name, birth & good report may give the same to broken men to be used by them in places where they are not known, It is statute and ordained that whosoever shall either give his testimonial to any man, whereby it may be abused by another nor him to whom it was trewlie granted, or who shall falsely use another mans testimonial, or who shall fordge to himself or use a false testimonial in the premises, shall be punished to the death. And to the effect his majesties faithful and obedient subiects may haue the better knowledge of the saids fugitives and broken men, and that such as reset them may want all pretext and excuse of ignorance, It is statute and ordained that a Roll shall be made by his majesties great Commissioner of the middle shires, containing the names of the saids rebels, fugitives, outlaws & broken men with the most notor & evident marks & description of their age, stature, colour & other tokens whereby they may be most easily and readily known. And being imprinted shall be sent to the sheriffs and magistrates of thee in countries, and proclaimed at the market crosses of the head burrows of the shires and other places needful, And thereafter be publicly affixed vpon the saids crosses or tolbuithes of the saids burrows. After which publication It is statute that the contraveners of this Act or any head or artickle of the same, shall be rigorouslie punished in their persons and goods in maner foresaid. Extractum de Libro Actorum Parliamenti per me Dominum unwelcome Skene de Curriehil militem, Clericum Registri Consilij & rotulorum, testantil us meis signo & subscriptione manualibus.  
joannes Skene Clericus Registri &c.