ACTS MADE IN THE FIRST PARLIAMENT OF OUR MOST HIGH AND DREAD sovereign CHARLES, BY THE GRACE OF GOD King of Great Britain, France, and Ireland, Defender of the Faith, &c. Holden by Himself, present in person, with his Three Estates, at Edinburgh, upon the 28 day of June, 1633 EDINBURGH, Printed by Evan Tyler, Printer to the Kings most Excellent majesty, Anno 1633 The Right Honble. Patrick Hum Earl of Marchmont viscounnt of Blasonberry Lord Polwarth of Polwarth &c. Lord High chancellor of Scotland 1702. GOD, AND MY RIGHT IN MY defence. ACT 1. ANENT THE TAXATION GRANTED TO His majesty of thirty shillings termly upon the pound Land, and the sixteenth penny of all annual-rents. IN THE PARLIAMENT holden at Edinburgh, the twenty eighth day of June, the year of God, 1633 THE THREE ESTATES of Parliament being assembled, having taken to their consideration the many blessings, which this nation doth enjoy under his majesty's most wise, happy, and peaceable government, whereof each Estate is most sensible, his majesty's royal zeal for propagating the Gospel of Jesus Christ, his care for providing sufficient maintenance for the clergy, his extraordinary pains taken for uniting the disjointed members of this commonwealth, and extirping of all roots of discords, relieving the oppressed, and with so even and fatherly a hand curing the wounds of this commonwealth, as the wisest eye can find no blemish in the temper of all his royal actions: And last, the great comfort they have by enjoying his majesty's royal presence, pains taken, and expenses disbursed by his majesty in this his majesty's journey: with a most thankful acknowledgement, are most earnestly and humbly to entreat his sacred majesty, to accept of this their voluntary offer of one taxation to be imposed, collected, and paid to his gracious majesty, in manner, and at the terms following: That is to say, The Dukes, Marquesses, Earls, Viscounts, Lords, and Commissioners of Shires for the temporal Estate, have granted, that there shall be uplifted of every pound land of old extent within this kingdom, pertaining to Dukes, Marquesses, Earls, Viscounts, Lords, Barons, and Freeholders, and feuars of his majesty's proper lands, the sum of thirty shillings money at every one of the six several terms following: viz. The sum of thirty shillings money at the feast & term of Martinmas, in the year of God, 1634. The sum of other thirty shillings money at the feast and term of Martinmas, in the year of God 1635. The sum of other thirty shillings money at the feast and term of Martinmas, in the year of God, 1636. The sum of other thirty shillings money at the feast and term of Martinmas, in the year of God, 1637. The sum of other thirty shillings money at the feast and term of Martinmas, in the year of God, 1638. And the sum of other thirty shillings money at the feast and term of Martinmas, in the year of God, 1639. AND the Archbishops and Bishops for the spiritual Estate, have granted that there shall be up-lifted of all archbishoprics, bishoprics, Abbacies, Pryories, and other inferior ●enefices within this kingdom, at every one of the six terms above-specified, the just taxation thereof, as they have been accustomed to be taxed unto in all time by-gone, whensoever the temporal lands of this kingdom were stinted to thirty shillings the pound land of old extent: And the same taxation to be paid at every one of the six several terms above-specified. AND the Commissioners of Burrows for their Estate have granted, that there shall be uplifted of all the Burrows within this kingdom, at every one of the six terms above-specified, the just taxation thereof as they have been accustomed to be taxed unto in all time by-gone, whensoever the temporal Lands of this kingdom were stinted to thirty shillings the pound land of old extent. And the said Taxation to be paid at every one of the six several terms above-written. AND in regard that his majesty hath erected sundry Prelacies in temporal Lordships, whereby the owners thereof may claim to be taxed with the Barons of the temporal Estate, and thereby his majesty will be defrauded of a great part of the said Taxation. THEREFORE THE SAID ESTATES ordain, that all erections of Prelacies, and other small Benefices, in whole or in part in temporal Lordships, shall in payment of the said Taxation pay to the collector thereof so much of the same Taxation (pro rata) as if they were no ways erected, and as they were subject to do before the erection of the same. AND such like it is statute and ordained, that all dissolved Benefices within this kingdom, in whole or in part, shall be subject in payment of so much of the same taxation (pro rata) as they would have been subject to pay, though the same had not been dissolved. And that those parties, who have gotten any part or portion of any Prelacies or other inferior Benefices dissolved, & new securities made unto them by his majesty of that part and portion thereof so dissolved, shall be subject in payment of the Taxation thereof to the Prelate or other beneficed person for his relief of the same Taxation, as they would have been, so the same had not been dissolved, notwithstanding of any condition contained in the infeofments and securities made by his majesty to them in the contrary thereof. AND FURTHER, his majesty and the said Estates annull and discharge all privileges and immunities whatsoever, whereby any persons may think themselves free of payment of this present Taxation (The privileges granted to the ordinary Lords and Senators of the college of Justice, and the taxation of Benefices, given, disponed, and mortified for entertainment of the Universities, colleges, and hospitals within this kingdom only excepted.) AND further, the said Estates, for a more ample testification of their exceeding great affection to his majesty's service, have (beside and attour the ordinary taxation above-written) made a free and willing offer to his majesty of one yearly extraordinary taxation of the sixteenth penny of all annual rents which any person or persons within this kingdom hath freely due and payable to them yearly or termly (Their own annual rents, wherein they are adebted to others being first deduced): The first terms payment whereof shall be, and begin at the Feast and term of Martinmasse, in the year of God, one thousand six hundred thirty four years, and so forth yearly and termly at Whitsunday, and Martinmasse for the space of six years, while the said six years and twelve terms payment thereof be full and completely outrun. AND for the better trial of every man his annual-rents, which he hath yearly or termly due to him: It is ordained, that this act be published at the Market cross of Edinburgh, and of the whole head burrows of the Sheriffedomes, Stewartries, bayleries, and Regalities, within this kingdom, whereby all his majesty's Lieges may have true notice thereof. AND therewithal the said Estates will, command, and ordain all his majesty's subjects that have any annual rents payable to them, That they compeir within the head burgh of the sheriffdom, Stewartry, baylery, or regality, or the head burgh of any of those Jurisdictions, wherein the head Courts are holden, and where the said annual renters dwell, and have their ordinary residence in any court day in one of the two last weeks immediately preceding, and in one of the two first weeks immediately following Whitsunday, and Martinmasse. At which time the Sheriffs, Stewards, bailiffs, and bailiffs of Regalities, & Provest, and bailiffs of free burrows within the bounds of their Jurisdictions, shall be obliged to hold Courts weekly, to the effect after specified. And the Lieges resorting to the said Courts, shall give up one inventar to the Clerk thereof, of the whole sums of money for which annual rent is due to them yearly or termly, with the names of their debtors, designed by name and surname, and the ordinary place of their residence. As also the whole sums of money for which they are subject in payment of annual rents to others, with the names of their creditors, to whom the same is due, designed likewise by name and surname, and the place of their ordinary residence, whether the same annual rent be in victual, or in silver: the annual of victual to be esteemed according to the stock of money for which it is paid, at eight for ilk hundred thereof. And shall cause the parties, up-givers of the said inventars, every party subscribe his own inventar himself, if he can write; and if he cannot write, the Clerk of the said Court shall subscribe the said inventar in face of the court before the members thereof. And also the sheriffs, stewards, bailiffs, bailiffs of regalities, provest, and bailiffs of free burrows within the bounds of their jurisdictions: And the clerks themselves shall make and give up an inventar of the debts owing to themselves, and by themselves, as said is. IT IS always provided, that if any person impedit by reason of sickness, or distracted by some other just occasion, shall not be present himself to give up the said inventar, It shall be lawful for him to cause any honest respons all man within the jurisdiction where he dwells, compeir and give up his inventar, providing the same be subscribed by himself, or any notar at his command, which the ingiver shall declare to be one true deed, and shall abide at the same upon the like hazard and danger, as the principal party should underlye: which shall be als sufficient, as if the inventar had been given personally up by the principal party himself. And an inventar being once made and given up, shall still stand, and be a ground to charge any person, during the time of the six years of the said taxation, unless the party change, or otherways employ his sums: and then he shall give up a new inventar, which shall be a new ground of a charge, and the former shall cease. And the said clerk shall make a Record in his Register of the said whole inventars: which inventars being so recorded, shall be extracted by the said clerk, and subscribed with his hand, And three extracts made of the same; one to be given to the party, if he require the same; another to be sent by the said clerk to the Collector of the same taxation; and the third to be sent by the said clerk, to the clerk of His majesty's REGISTER, to be kept amongst the Records of his majesty's Exchequer, to the intent it may be known how far every party is liable in payment of the said extraordinary taxation. For the which extract and note made in Register, the said Clerk shall have of every person, up-giver of an inventar, the sum of four shillings money. And if by sloth or malice the clerk shall happen to delay, or shift the Lieges, resorting to the said courts to the effect foresaid, (complaint being made thereof to the Lords of his majesty's privy council) the said Clerks shall be punished accordingly, at the discretion of the said Lords. And at any court day, in any of the said two weeks preceding or immediately following any term, it shall be leasome to any person to compeir and offer to give up his inventar (He making payment of the taxation due for the same) which the Clerk and Judge shall be astricted to receive. AND albeit it be declared, that an inventar once given up shall still stand, and be a ground to charge any person during the whole terms of the said taxation, except the same be changed in manner foresaid: Yet because sundry, who have this liberty, delay to make payment of the taxation of their moneys after the time be expired, THEREFORE it is provided and declared, that if they fail to make payment of the due taxation of their moneys within twenty days after each term, that the party so failying, shall be subject in payment of the triple of the said taxation, for each term wherein he fails, and letters shall be direct against them, for payment thereof in form as effeiris. FURTHER, for the better observation of this Act, It is declared, that whosoever receives, retains, or conditions to receive any annual rent, and concealeth the same, or any part thereof: Or in giving up his inventar of debts and annuals owing by him to his just creditors, giveth up more than he is justly adebted, the up-giver thereof shall forfeit that terms annual to his majesty's use. AND whosoever first discovers, or reveals, either the annual concealed, or annual which is more than the up-givers just debt; shall for his reward have the half of that terms concealed annual, and as much as the half of that annual which shall be discovered to have been unjustly given up. AND in case it shall happen any person or persons whatsoever, by virtue of his up-given inventar, to be charged for payment of his taxation, and at the time of his charge to declare in presence of a Judge by his great oath solemnly sworn, that his debtor is a bankrupt, whereby he is disabled to make payment of his taxation, and is content the King's majesty shall have the whole annual-rent adebted to him by his bankrupt debtor for that term, The said declaration shall be a sufficient liberation to him of the same: AND for eschewing of malicious dilators of those who have omitted or concealed their sums, IT is ordained, That whensoever any person shall accuse, or dilate another of concealing, or omitting of sums, the time of making his inventar, he shall condescend upon some probable cause of his dilation, and shall find caution de judicato solvi, incase he fail in proving that which he dilates. And there shall no such actions of dilations be lawful against dead persons, their heirs, nor executors, except what the same hath been intended before the said persons their decease. Neither shall it be lawful after year and day after the expiring of the said taxation, to intend any such action. AND incase any person purchase wodset of Lands, & set the same back again in take to him who wod-set the same, The taklmen, possessors of the Lands, shall pay for the stint of the Lands, & the haver of the wod-set shall pay for the annual-rent of his money which he hath on the Land, as if the same were employed for annual-rent. ATTOUR it shall not be lawful by no manner of way to any creditor, to get relief of his debtor for this taxation which is imposed upon annual-rents, by this statute, under the pains contained in the Acts of Parliament made anent Usurers. AND concerning Minors, it is declared, That their minority shall no ways privilege them, but their tutors and curators shall give up their inventars of their annual-rents in their names, which if the said tutors and curators fail to do, the said Minors shall incur the like danger as others, and at their perfect age, shall have action of relief against the said tutors and curators for that cause. AND incase any person depart out of this kingdom after the publication of this present Act, the same shall no ways excuse him from giving up an inventar of his annual-rents, and payment of the said Taxation, and underliing of the danger contained in this present Act. But they who are presently forth of this kingdom, and shall not return before the term of Whitsunday, in the year of God, one thousand six hundred thirty five, they shall not come under the danger of this Act until the term of Martinmasse thereafter, providing, that at that term, they give up their inventars, and pay their Taxation, as if they had been present within the kingdom, before the foresaid term of Martinmasse: AND for uplifting of the same Taxation, granted upon annual-rents, & to the intent his majesty's general Collector thereof, may know whom to crave and charge for the same; IT is statute and ordained, that within every sheriffdom, Stewartry, Baylyerie, and regality, where the offices of Sheriffs, Stewarts, bailiffs are heritable, and the Provest and bailiffs of free Burrowes, these heritable officers and their deputes, for whom they shall be holden to answer, and Provest and bailiffs of free Burrowes, shall collect the said Taxation, and make payment thereof to his majesty's Collector general of his said Taxations. And where these offices of Sheriffs, Stewarts, and bailiffs, are not heritable but changeable; The Clerks within the said jurisdictions (having their offices ad vitam) shall be collectors thereof. And incase the said Clerks have not already found sufficient caution for discharging of their offices, they shall be holden before they have any intromission with the same Taxation, or exercise their office of Sheriff Clerk, after the foresaid term of Martinmasse, in the year of God, one thousand six hundred thirty four years, to find sufficient caution for that effect. AND where there are no heritable Officers, nor Clerks (having their offices ad vitam) and have not found caution in manner abovewritten, the said Collector general of his majesty's Taxation, and his Deputes in his name sufficiently authorized by him, and for whom he shall be holden to answer, And whose name he shall cause publish at the Market cross of the head Burgh of that jurisdiction, where there is no heritable Officers nor Clerks (ad vitam) that his majesty's Lieges may know to whom they shall make payment, shall collect, and uplift the same Taxation; which payment being made, the receiver thereof shall be obliged to deliver to the payer thereof an acquittance upon the receipt of the same, gratis, without payment of any money for the same. IT IS likewise provided, that the fees of the collectors and receivers of the same Taxation of annual-rents, shall be, likeas hereby they are remitted to the discretion & arbitrement of the Lords of his majesty's privy council, to be let down and agreed upon by them. AND an the said Estates hereby discern and declare, that all burgesses and freemen within burgh, albeit they be taxed in the ordinary Taxation above written, with their neighbours, conform to the order prescribed for collecting of the burrows part of the said ordinary Taxation; yet the same shall no ways liberate nor free them from payment of their parts of the said extraordinary Taxation, according to the proportion of the sixteenth penny of their annual-rents, but shall be liable in payment thereof, as others his majesty's Lieges are. ATTOUR the said Estates aunuall, and discharge all privileges, and immunities whatsoever, whereby any person may think themselves free of payment of any part of this present extraordinary Taxation, the privileges and immunities granted to the ordinary Lords of Session, with the annual-rents due to be paid to colleges, Schools, and hospitals, or mortified for sustentation and upholding of Kirks and bridges, with the annual-rent that might be claimed of poor People, whose stock exceeds not the sum of five hundred marks Scots, only excepted. ACT II. ANENT THE COLLECTING AND inbringing of the Taxation, and relief to Prelates. IN THE PARLIAMENT Holden at Edinburgh upon the twenty eight day of June, the year of God, 1633 THE THREE ESTATES of the said Parliament being assembled, having taken to their consideration the many blessings, which this nation doth enjoy under his majesty's most wise, happy, and peaceable government, whereof each Estate is most sensible, his majesty's royal zeal for propagating the Gospel of Jesus Christ, his care for providing sufficient maintenance for the clergy, his extraordinary pains taken for uniting the disjointed members of this commonwealth, and extirping of all roots of discords, relieving the oppressed, and with so even and fatherly a hand curing the wounds of this commonwealth, as the wisest eye can find no blemish in the temper of all his royal actions: And last, the great comfort they have had by enjoying his majesty's royal presence, pains taken▪ & expenses disbursed by his majesty in this his majesty's journey: with a most thankful acknowledgement, are most earnestly and humbly to entreat his sacred Mtie. to accept of this their voluntary offer of one taxation ordinary to be imposed, collected, and paid to his gracious Mtie in manner, and at the terms following: That is to say, The sum of thirty shillings money at the feast and term of Martinmasse, in the year of God, 1634. The sum of other thirty shillings money at the feast and term of Martinmasse, 1635. The sum of other thirty shillings money at the feast and term of Martinmasse, 1636. The sum of other thirty shillings money at the feast and term of Martinmasse, 1637. The sum of other thirty shillings money at the feast and term of Martinmasse, 1638. And the sum of other thirty shillings money at the feast and term of Martinmasse, 1639. AND for the spiritual men and burrows parts of the same taxation, That there shall be uplifted of every archbishopric, bishopric, abbacy, priory, and other inferior benefice, and of every free burgh within this kingdom, at every one of the said six terms payment, the just taxation thereof, and as they have been accustomed to be taxed unto in all time by-gone, whensoever the temporal Lands within this kingdom were stented to thirty shillings money the pound land of old extent. And the same taxation to be paid at every one of the six several terms above-written. AND FOR inbringing of the spiritual men's parts of the same taxation, Ordains letters to be direct, charging all and sundry Archbishops, Bishops, Abbots, priors, as likewise all Noblemen and others, in whose favours the erection of any prelacy, or other inferior benefice, or any part or portion thereof, be it in lands, kirks, or teynds, Or in whose favours the patronage of any benefice, kirks, or teynds are past, and all other beneficed persons contained in the taxed rolls, their heritable bailiffs, chamberlanes, factors and intromettors, with their rents and living personally, or at their dwelling places, and by open proclamation at the Market crosses of the head burrows of the sheriffdoms, Stewartries, and Bayleries, where the said Prelacies, erected Lordships, and small Benefices lie, if they be within this kingdom, And if they be without this kingdom, by open proclamation at the Market cross of Edinburgh, Peir and Shore of Lieth, upon threescore days' warning, to make payment of that sum, that they and ilke one of them are taxed unto, for every one of the said six terms, To the Collector general of the said taxation, appointed or to be appointed by his majesty, or his Deputes and Officers in his name, having his power and commission to receive the same, at the particular terms above-written, under the pain of rebellion, and putting of them to the horn. And if they fail therein, at the by-passing of every one of the said terms, To denounce the disobeyers rebels, and put them to the horn, and to escheat, &c. And that the Prelates, and beneficed persons, and such Noblemen, and others, in whose favours the erections and parronages above-written are past, For their relief have letters, charging their vassals, subvassas, ladies of terce, conjunctfeears, and life-renters, fewars, taxmen, and pensioners, To make payment of their part of the said taxation ilk one of them (pro rata) according to the sum they shall be taxed unto; To the said Prelates, and other beneficed persons, and to the said Noblemen, and others, having power to receive the same, within twenty days' next after the charge, under the pain of rebellion, &c. And if they fail, &c. To denounce, &c. and escheat, &c. And to poind and distrain therefore, as they shall think most expedient: Providing always, that the first terms payment of the said taxation be ever past, before the next terms payment be charged for. And the Estates declare, That the production of sufficient hornings against the said vassals, fewars, taxmen and pensioners, shall be a relief to the said Prelates, Lords of erection, and beneficed persons, and shall exoner them (pro tanto) from payment of the said taxation. Providing that the same hornings, with their taxed rolls authentically made and subscribed by the said Prelates, Lords of erections, and other beneficed persons, and by their feuars, Vassals, taxmen and Pensioners in manner hereafter prescribed, containing the particular sum which each one of them are taxed unto, be delivered to the Collector of the same Taxation, within the space of threescore days after every term: Otherwise he shall be no ways obliged to receive the same, neither shall the Prelate, Lord of erection, nor beneficed person be exonered by production of the same at any time thereafter. And farther, that the said Prelates and such noble men, and others in whose favours the Erections and Patronages above written are past, and all other beneficed persons may have their relief of their Vassals, subvassals, Ladies of terce, conjunctfeears, live-renters, fewers, taksmen, and pensioners: To the greater ease, and less trouble to their said Vassals and others foresaid. And to the effect, that every one proportionally may pay his part of the said Taxation, according to the quantity and avail of the free rent which he hath of his benefice, lands, pensions, kirks, and teind-sheaves pertaining to him, as well Prelate, Lord of erection, Patron, and other beneficed persons themselves, as the Fewer, taxman and Pensioner. It is thought expedient, statute and ordained, that the said Prelates and others above-rehearsed, every one of them severally shall convene his whole feuars, Vassals, taxmen, and Pensioners at the particular places hereafter designed. They are to say, The Archbishop of St. Andros, at the city of St. Andros: the Archbishop of Glasgow, at the city of Glasgow: the Bishop of Orknay, at the town of Kirkwall: the Bishop of Cathnes, at the town of Durnoch: the Bishop of Rosse, at the town of chanory of Rosse: the Bishop of Murray, at the town of Elgin: the Bishop of Aberdene, at the burgh of Aberdene: the Bishop of Brechin, at the burgh of Brechin: the Bishop of Dunkeld, at the town of Dunkeld: the Bishop of Dumblane, at the town of Dumblane: The Bishop of Galloway, at the town of Wigton: the Bishop of Argile, at the town of Innerara: the Bishop of the isles, at the burgh of Rothesay in Bute: the Abbot of Icolmkill, at the burgh of innerness: the prior of Ardchattan, at the burgh of Innerara: the Abbot of Ferne, at the town of ta'en: the Lord of Bewlie, at the burgh of innerness: the Lord of Kinlosse, at the burgh of Forres: the prior of Pluscarden, at the burgh of Elgin: the Lord of Diere, at the town of Peterhead: the prior of Fyvie, at the town of Turreffe: the prior of Monymuske, at the town of Monymuske: the Lord of Arbroth, at the burgh of Arbroth: the Lord of Scoone, at the burgh of Perth: the Lord of Cowper, at the town of Cowper in Angus: the prior of Restenneth, at the burgh of Forfar: the Collector of the same Taxation in place of the prior of Charter-house, the seat now vacand, at the burgh of Perth: the prior of Elcho at the same burgh of Perth: the prior of Straphillane, at the kirk of Comrie: the Lord of Inchechaffray, at the burgh of Perth: the prior of Inchmahomo, at the burgh of Stirling: the prior of Saint Andros, at the city of Saint Andros: the bailiff of the regality of Dumfermling, at the burgh of Dumfermling: the Lord of Balmerinoch, at the burgh of Cowper in Fyfe: the Lord of Lundores, at the burgh of Cowper in Fyfe: the Masters of saint Leonar's college, in Saint Andros: for the priory of Portmocke, at the burgh of Cowper in Fyfe: the prior of Pettenweime, at the burgh of Pettenweime: the Lord of Saint Colmbe, at the burgh of Innerkeithing: the Lord of Culros, at the burgh of Culros: the Abbot of Cambuskynneth, at the burgh of Stirling: the Lord of Torphechin, at the burgh of Linlithgow: the prior of Manwell, at the burgh of Linlithgow: the Lord holy-rud-house, at the burgh of Edinburgh: the Lord New-bottle, at the burgh of Edinburgh: the prioress of Hadingtowne, at the burgh of Hadingtowne: the Lord of the temporal lands of the priory of North-berwick, at the burgh of North-berwick: the Patron and Person of the kirk of Kilconchare dissolved from the priory of North-berwick, at the town of Elie: the patron and parson of the kirk of Largo dissolved from North-berwick, at the town of Largo: the patron and parson of the kirk of Mayboill dissolved from North-berwick, at the town of Mayboill: the patron and parson of the kirk of Logie dissolved from North-berwick, at the burgh of Stirling: the Lord of Kelso, at the town of Kelso: the Lord of Coldinghame, at the town of Eymouth: the Lord of Dryburgh, at the town of Dryburgh: the prior of Eccles, at the town of Dunce: the prior of cold-stream, at the burgh of Dunce: the Lord of Jedburgh, at the town of Jedburgh: the Lord of Melrosse, at the town of Melrosse: the Lord of Paislay, at the town of Paislay: the Lord of Blantyre, at the burgh of Glasgow: the Lord and bailiff of the temporal lands of Kilwyning dissolved from the abbacy of Kilwyning, at the burgh of Irwing: the Abbot of Cosraguell, at the town of Mayboill: the prior of Whithorne, at the burgh of Whithorne: the Abbot of Saulsette, at the burgh of Whithorne: the prior of Saint Mary-Ile, at the burgh of Kirkcubright: the Lord of Dundrennan, at the burgh of Kirkcubright: the Lord of Glenluce, at the burgh of Wigtoun: the Abbot of Tungland, at the burgh of Wigtoun: the Abbot of new-abbey, at the burgh of Drumfreis: the Abbot of holy-wood, at the burgh of Drumfreis: the prior of Cannabie, at the burgh of Annand: the Baron and bailiff of the barony of Brughtoun dissolved from the Lordship of holy-rud-house, at the burgh of Edinburgh: the heritors of the hundred pound land of the barony of Monkland dissolved from the Lordship of Newbottle, at the city of Glasgow: the Minister of Felfoorde, at the burgh of air: the Minister of Scotland-well, at the burgh of Saint Andros: the Minister of the cross-kirk of Peebles, at the burgh of Peebles: the patron and parson of the kirk of Dundie dissolved from the abbacy of Lyndores, at the burgh of Dundie, and all other small beneficed persons at the parish kirks of their particular benefices: And that they convene to the effect above-written upon the thirteenth day of August, in the year of God, one thousand six hundred thirty four years, which is declared to be the precise day appointed for all their Vassals, feuars, takes men, and Pensioners to keep the said meeting, and that no further citation nor summoning shall be requisite, than this Proclamation and publication of this present Act at the Market-crosses of the head burrows of this kingdom. And here-with it is resolved by his Majesty and the said Estates, that if any Vassals, subvassals, feuars, taxmen of teinds, Pensioners, or any other justly bound to make relief to Prelate, Lord of erection, Patron, or other beneficed person of any part of the said Taxation, shall send any procurator in his name sufficiently authorized to the said meeting: the same shall not only excuse the principal party's absence, but the procurators shall be admitted in all things, and received to do and perform in the distribution of the said Taxation, what could or lawfully might have been done by him who sent him. It is likewise declared, that the Prelate, Lord of erection, Patron, or other beneficed person, impedit by disease, or distracted upon some other necessary occasion from attending that meeting, having his absence supplied that day by a sufficient worthy person whom he shall authorise and appoint to that effect, shall be as lawful as if he were personally present himself: and the party so authorized shall be admitted and received in all things, to do and perform in the distribution of the same Taxation, what could or lawfully might have been done by him who sent him. It is further statute and ordained, that at the said day of meeting, the said Prelates, Lords of erections, patrons, and other beneficed persons, shall by themselves, or by their procurators lawfully authorized as said is: Fence, and hold a Court, call by name and surname upon every one of their Vassals, subvassals, feuars, taxmen of teinds, Pensioners, and others obliged to relieve them of any part of the same Taxation, and lawful time and day being bidden; To show to their said Vassals, feuars, taxmen, and Pensioners, or their procurators compearing for them, the quantity of the Taxation imposed upon their prelacy, erected Lordship, or other benefice authentically subscribed by the clerk of the same Taxation. And they all (at the least so many of them as shall convene for this effect with one consent) shall distribute the same to be paid by every man, as well by the Prelate, Lord of erection, and present possessor of small benefice, for the free rent that every one of them hath of their Prelacies, erected Lordships, and small benefices, as by the vassal, Fewer, taxman, and Pensioner, according to the great and small quantity of the free rent, which every one of them hath either of their lands, teinds, or pensions: with certification to any of the said persons, feuars, Vassals, taxmen, and Pensioners that compeare not by themselves or their procurators at the day and place above specified to the effect foresaid; That such as shall convene with the said Prelates, Lords of erections, Patrons, or other beneficed persons, or their procurators shall proceed in the equal distribution of the same Taxation, as well amongst them that are absent as present, and shall make and subscribe an authentic taxed-roll thereupon. And incase that none of the said Vassals, feuars, taxmen, and Pensioners, shall convene at the day and places above specified, to this effect by themselves or their procurators, but shall wilfully absent themselves from the said meeting: It shall be lawful for the said Prelates, Lords of erections, Patrons, and other beneficed persons, being present by themselves or their procurators at the day and places above specified, to make, set down, and subscribe the same taxed-roll: And incase any of the said Prelates, Lords of erections, Patrons, or other beneficed persons, shall not convene by themselves, or their procurators, at the day and places above specified, particularly designed to every one of them, It shall be lawful for the said Vassals, feuars, taxmen, and Pensioners, at the least so many of them as shall convene by themselves or their Procurators, to make, set down, and subscribe the said taxed roll. Which taxed Roll shall contain the particular sum that every one shall be found justly to be adebted to pay, the parties name adebted to pay the same, and the cause wherefore the same aught to be paid. And being so set down either by the Prelates, Lord of erection, Patron, and other beneficed person, or their lawful Procurators, with so many of their Vassals, Subvassals, feuars, taxmen of teinds, Pensioners, and others obliged to relieve them of any part of the same taxation, as shall convene with them to this effect: And incase that none shall convene with them, the said roll being then set down by the Prelate, Lord of erection, Patron, or other beneficed person, or their lawful procurators, or incase of their absence being set down, made, and subscribed by the most part of the said Vassals, feuars, taxmen, and Pensioners by themselves, or their procurators as shall convene themselves for this effect; His majesty and the said Estates discern to be as lawful in all respects, as if the whole number of persons having interest therein, had convened, made, set down, and subscribed the same: which taxed-roll being set down, made, and subscribed in manner above-written (and no otherwise) and delivered to the Clerk of the taxation; His majesty and the said Estates ordain him to give warrant for giving of letters of relief thereupon, discharging him in any case to give warrant for giving of letters of relief upon any roll presented unto him, not made and authentically subscribed in form above-written, as he will answer to the contrary upon his peril. It is likewise statute and ordained, that taxmen of teynds shall have their relief of their subtaks-men, pro tanto, respect being had to the gersome paid by the said sub-taks-men. AND ●OR INBRINGING of the Barons and freeholders' part of the same taxation, and of the fewers and rent-tellers of our sovereign Lord's proper lands their parts thereof: ordain letters to be direct, charging all and sundry Sheriffs, Stewarts, bailiffs, their Deputes and Clerks, feuars, chamberlains, and Rent-tellers of our sovereign Lord's proper lands; that they and every one of them within the bounds of their proper offices, raise and uplift the sum of thirty shillings money of this realm, of every pound land of old extent lying within the bounds of their jurisdictions, for every one of the six terms above-specified. And inbring and deliver the same to the collector foresaid, or to his Deputes and Officers in his name, having his power to receive the same at the particular terms above specified, under the pain of rebellion, &c. And if they fail at the by-passing of every one of the said terms, to denounce and escheat, &c. And for their relief, that letters be direct, charging all & sundry Dukes, Earls, Lords, Barons, freeholders, feuars, and Rentellers of our sovereign Lord's proper lands, personally, or at their dwelling places, and by open proclamation at the Market cross of the head burgh of the sheriffdom, Stewartry, baylery, where their lands lie, if they be within the kingdom, and if they be without the kingdom, by open proclamation at the market cross of Edinburgh, peir and shore of Leith, upon threescore days' warning: to make payment to the said Sheriffs, Stewarts, and bailiffs, their Deputes and Clerks, chamberlains, and receivers of our sovereign Lord's proper lands, every one of them for their own parts respectiuè, of the said sum of thirty shillings money foresaid, for every pound land of old extent, pertaining to them for every one of the said six terms payment. Within twenty days' next after they be charged thereto, under the pain of rebellion, &c. And if they fail, &c. To denounce and escheat, &c. And if need be, that the said Sheriffs, Stewarts, bailiffs, their Deputes and clerks, chamberlains, and Receivers of our sovereign Lord's proper lands, poind and distrain the readiest goods and gear being upon the said lands therefore, as they shall think most expedient. And that the said Earls, Lords, Barons and Freeholders, feuars, and rent-tallers of our sovereign Lord's proper Lands have letters for their relief, to charge their Vassals, Subvassals, Ladies of Terce, conjunctfeears, & Life-renters, to make payment of their parts of the said Taxation, within twenty days' next after the charge, under the pain of rebellion, &c. And if they fail, &c. To denounce, &c. And escheat, &c. And if need be, that they poinded, and distrain therefore. Providing always, that the first terms payment of the said Taxation be ever past, before the next term be charged for. AND for inbringing of the burrows part of the same taxation, ordains letters to be directed, charging the Provest and bailiffs of ilk Burgh, to make payment of the taxed and stint thereof, to the Collector general aforesaid, his Deputies, and Officers in his name, having his power to receive the same at the particular terms above-specified, under the pain of rebellion, &c. And if they fail, &c. To denounce and escheat, &c. And for their relief, that letters be direct, charging the Provest, bailiffs, and council within each burgh, to convene and elect certain persons to stint their neighbours. And the said election being made, to charge the persons elected, to accept the charge upon them, in setting of the said stint upon the inhabitants of every burgh, and to convene and set the same, and make a stint roll thereupon, as effeiris, within twenty four hours next after their charge, under the pain of rebellion, &c. And if they fail, &c. To denounce, and escheat, &c. And such like, the said stint Roll being made and set down, as said is, To charge the Burgesses, In-dwellers, and Inhabitants within ilk burgh, to make payment of their part of the said stint, to the said Provest and bailiffs, conform to the taxed roll to be given out thereupon, within three days' next after the charge, under the pain of rebellion, &c. And if they fail, &c. To denounce, &c. and escheat, &c. And if need be, that the said Provest and bailiffs poind and distrain therefore, as they shall think most expedient. IT IS always provided, that no person whatsoever be stented or taxed within burgh, except according to the avail, and quantity of his rent, living, goods, and gear, which he hath within burgh: no ways respecting his lands, nor possessions, which he hath to Landward; for the which he will be obliged to pay taxation to other officers. Providing always, that the first terms payment of the said taxation be ever past, before the next term be charged for. ATTOUR, His majesty, and his said Estates decern and declare, that the charges to be given for payment of the said taxation, shall be executed before the terms of payment above-specified, for every terms payment particularly by itself: And that the denunciation of horning following thereupon, shall not be execute until the terms payment be by-past, and twenty days thereafter. Which denunciation so following, upon the charges given before the said terms of payment, His Majesty and Estates decern and declare, to be valid and sufficient. And his majesty, and the said Estates considering the great abuse which hath been used in all time by-gone by sundry of the Lieges of this kingdom against all good conscience, in causing of their poor Farmerers, Tenants, and Labourers of the ground being removable, who are subject in payment of very dear Fermes and other duties, to relieve them of the whole burden of by-gone taxations, which hath been the occasion of impoverishing a number of the said Fermerers, labourers, and tenants, and bringing of them to utter wrack and ruin, whereas of reason they should be altogether free from payment of any taxations, And the same should be paid by such as have free rents, lands, and goods of their own. FOR remedy whereof, it is staturte and ordained that no persons whatsoever exact or compel his tenants, or fermerers removable, who pays farm, and other dear duties for the lands occupied by them, to pay any part of this present Taxation, or to seek relief at their hands of the same. And if the same be found done by any persons, that they shall be called and convened therefore before his majesty's Justice, and his Deputies, or before his majesty's council as violent and masterfull oppressors of his majesty's subjects, and punished therefore according to Justice. AND FURTHER, the said Estates, beside the ordinary taxation above-written, have for the space of six years' next, and immediately following the term of Martinmasse, 1634. years, freely and voluntarily granted to his majesty a yearly extraordinary taxation of the sixteenth penny of all annual rents, which any person or persons within this kingdom half freely due and payable unto them, yearly and termly, (their own annual rents, wherein they are adebted to others being first deduced.) The first terms payment thereof shall be, and begin at the said Feast and term of Martinmasse, 1634. years: and so forth yearly and termely at Martinmasse and Whitsunday, until the said six years and twelve terms payment thereof be fully and completely outrun. AND whereas his majesty and Estates have by act of Parliament authorised all and sundry heretable Sheriffs, Stewarts, bailiffs; and bailiffs of regalities, and their Deputes, and the Provests and bailiffs of free burrows within the bounds of their jurisdictions, as likewise the Clerks within the jurisdictions where these offices are not heretable: which Clerks have their offices (ad vitam) To collect the said extraordinary taxation, and to make payment thereof to the Collector general of the some taxation. THEREFORE, and for inbringing of the said extraordinary taxation, Ordains letters to be direct, charging all and sundry the said heretable Sheriffs, Stewards, bailiffs, bailiffs of regalities, and their Deputes and Clerks, and the said Provests and bailiffs of free burrows, and their Clerks: as likewise the Clerks within the jurisdictions where these offices are not heretable, that they and every one of them by North the water of Dee within the space of fifteen days after every term of Martinmasse and Whitsunday: and that they and every one of them by South the water of Dee within the space of ten days after every term of Martinmasse and Whitsunday, deliver to his majesty's said Collector general, a true and just account and inventar of the whole sums of money due to be paid by any person within the bounds of their jurisdiction, for his part of the said extraordinary taxation, And that they give up the same Count & inventar upon their oath, solemnly sworn, that the same is just and true: And to make payment to his majesty's said Collector general, or to his Deputes in his name, having his power to receive the same, of the whole moneys due to be paid to his majesty, conform to the said Count and inventar, within twenty days after each term, under the pain of rebellion. And in case the said Sheriffs, Stewarts, bailiffs, bailiffs of regalities, their Deputes, and Clerks, fail, &c. To denounce and escheat, &c. FOR WHOSE relief that letters be direct, charging all and sundry the said annual renters, to make payment to the said Sheriffs, Stewards, bailiffs, bailiffs of regalities, their Deputes and Clerks, Provests, and bailiffs of free burrows, of the said sixteenth penny of all annual-rents, freely due and payable to them, within twenty days' next after the charge, under the pain of rebellion, &c. And if they fail, &c. To denounce, &c. And if need be, That the said Sheriffs, Stewards, bailiffs of Regalities, clerks, Provests, and bailiffs of free burrows, poind and distrain therefore, as they shall think most expedient. AND His majesty and the said Estates, ordain the Lords of Session, to be only Judges to all suspensions to be craved and suited by any of our sovereign Lords Lieges, touching the said taxations; Which suspensions, the said Estates find may be granted upon lawful and equitable reasons to be considered by them: And discharge all other Judges within this kingdom, of granting of any suspensions thereanent. With power to the said Lords, To delegate five at the least of their ordinary number, as they shall think expedient, To sit, cognosce, and decide the said suspensions, in time of vacance, if need be. And sicklyke, to depute Commissioners for trying and judging of concealments, with als' ample and full power to be given to them, as the said Lords of Session, by virtue of this present Act, have. ACT III. ANENT HIS majesty's royal Prerogative, and apparel of Kirkmen. OUR sovereign LORD, With advice, consent, and assent of the whole estates, acknowledging his majesty's sovereign authority, Princely Power, royal Prerogative, and privilege of his crown, over all Estates, Persons, and Causes whatsoever within this kingdom, Ratifies and approves the Act of Parliament, made in the year 1606. anent the King's royal Prerogative, and perpetually confirms the same, for his highness, his heirs and Successors, als amply, absolutely & freely in all respects, as ever any of his majesty's royal Progenitors did possess, and exercise the same. And withal remembering, that in the Act of Parliament made in the year 1609. anent the apparel of Judges, Magistrates, and Kirkmen: IT WAS agreed, That what order soever his majesty's Father of blessed memory should prescrive for the apparel of Kirkmen, and send in Writ to his Clerk of Register, should be a sufficient Warrant for inserting the same in the books of Parliament, to have the strength of an Act thereof: HAVE all consented, that the same Power shall remain with the Person of Our sovereign Lord, and His successors that now is, And with the same clause for execution thereof, as in the said Act is contained. ACT iv. RATIFICATION OF THE ACTS Touching RELIGION. OUR sovereign LORD, With advice and consent of the Estates, ratifies and approves all and whatsoever acts and statutes made before, anent the liberty and freedom of the true kirk of God, and Religion presently professed within this realm, And ordains the same to stand in their full force and effect, as if they were specially mentioned, and set down herein. ACT V. RATIFICATION OF THE ACT OF council anent Plantation of schools. OUR sovereign LORD, With the Advice of the States, ratifies the Act of secret council, dated at Edinburgh the tenth day of December, one thou sand six hundred and sixteen years, made anent the planting of schools, with this addition, That the Bishops in their several Visitations, shall have power with consent of the heritors and most part of the Parishioners, And if the heritor being lawfully warned refuses to appear; Then with consent of the most part of the Parishioners, to set down and stint upon every Plough or Husband Land, according to the worth, for maintenance and establishing of the said Schools. And if any person shall find himself grieved, it shall be lawful to him to have recourse to the Lords of secret council, for redress of any prejudice he may or doth sustain. And ordain letters to be direct, for charging of the possessors for the time, to answer and obey the schoolmasters of the duties that shall be appointed in manner foresaid. ACT VI. AGAINST THE INVERTING OF Pious Donations. OUR sovereign LORD, With the Advice of the Estates, understanding that certain persons piously disposed, have of late bestowed certain gifts in Lands, heritages, and sums of money, in favours of colleges, schools, Hospitals, and other pious uses, which by the Administrators, and such others as they have entrusted with the managing thereof; are inverted to other uses than the Will of the disponer, upon some specious pretences, contrary or different from the disponers' intention, to the evil example of others, and the hindrance of such and the like charitable works, against all reason and conscience. THEREFORE it is statute and ordained, that it shall no ways be lawful to alter, change or invert any of the said gifts, legacies, and other pious donations, to any other use than that specific use whereunto they are destinate by the Disponer himself. And that the heirs, Executors, or others entrusted with the said gifts and legacies shall be comptable for the same, to the use of the kirks, colleges, and others to whom the said dispositions were made: And that actions shall be competent either to the said kirks, colleges, and others, to whom the same were disponed, or to the Bishops and Ordinaries within the dioceses where the said kirks, schools, and others above-specified lie, compelling them to apply the same to the true use, And to make Count and payment of the ordinary profits of every years intromission, at the rare allowed by the laws of the realm, by and attour the fulfilling of the Disponers Will. And this Act to be extended to all dispositions made at any time, since the majority of King JAMES the Sixth, or to be made hereafter in all time coming, And that letters of horning be direct at their instance, by deliverance of the Lords of Session without citation of parties. ACT VII. ANENT INVADING OF MINISTERS. OUR sovereign LORD, With the advice of the Estates, ratifies and approves the Act of Parliament made in the year of God, one thousand five hundred fourscore and seven years, anent the Invaders of Ministers, with this explanation and addition, That whosoever invades any Minister, or puts any violent hands on him, by themselves, their men, tenants, servants, or any others by their hounding out, direction, or allowance, for whatsoever cause or occasion; whether the same be for the cause contained in the said Act, or for any other cause, otherwise than by order of Law; or doth offer violence to them, Shall incur the like pain as is contained in the said Act, and shall be judged after the form and manner therein prescribed. And declares, that the same shall be extended to all Archbishops, Bishops, and Ministers whatsoever, having power by lawful warrant to preach, and administer the sacraments. And because the malice of some is such, that the invasion and violence foresaid may be committed by lawless and unresponsall men, the hounders out of whom cannot be gotten detected; so as the benefit of this Act, and the indempnity of the said Church men and their foresaids may be frustrate. THEREFORE it is statute and ordained, That the Landlords, and Heritors, and chief of claims, and others in whose bounds the said offenders dwell, or haunt ordinarily, shall be holden, upon the complaint of the party offended to the Lords of his majesty's secret council, to exhibit and produce the said malefactors before the said Judges, to be censured and punished corporally, or otherwise in their estates, if they be responsal, at the discretion of the said Judges. And if it shall happen the said offenders to absent and remove themselves out of the bounds of the said Heritors and Landlords, and others on whom they depend, so that the said Landlords, Heritors, and others foresaid, may precend that it is not in their power to exhibit the foresaid delinquents: Therefore it is statute, that if after the giving in of the said complaint before the said Judges, and certiorating of the said Landlords, and others foresaid, either by citation, charge, or intimation, or any other legal manner of way, if the said delinquents shall be found within the bounds of the said Landlords, and others foresaid, haunting publicly and openly by the space of ten days; That then and in that case the said Landlords, and others foresaid, shall be esteemed as connivers with the delinquents, and be obliged under the like censure and punishment, to exhibit them to the council. ACT VIII. OF RATIFICATION OF THE ACT OF Commission anent the Ministers Provisions. OUR sovereign LORD, With the advice and consent of the Estates of Parliament, ratifies and approves the Act of Commission of Surrenders and Teynds of the date at Holyrudehouse the twenty sixth day of June, the year of God 1627. years, whereof the Tenor follows. The Commissioners after reasoning upon the lowest proportion and provision, wherewith the ministry serving the Cure at each kirk, shall be provided, Have found it meet and expedient, that the lowest proportion shall be eight Chalder of victual, where victual is paid, or proportionally in silver or victual as the Commissioners shall appoint, at the settling of the kirk, and according to the Estate of that part of the country, where the payment of the stipend shall occur. And think it meet, that the said proportion of eight Chalder of victual, or proportionally in silver, as said is, shall be the lowest maintenance to each kirk, except such particular kirks occur, wherein there shall be a just, reasonable, and expedient cause to go beneath the quantity now determined. AND His majesty, and Estates foresaid, refer to the Commissioners to be chosen by his majesty, at this present Parliament, The consideration of the reasons and causes, which may move them (after the valuation of the true worth of the Teynds of like Parish be closed) To determine and modify a less quantity for the Ministers maintenance, nor the quantity foresaid of eight chalders of victual, or eight hundred marks in victual or moneys proportionally, And what the said Commissioners shall determine therein the same to stand notwithstanding of this present Ratification. And also his majesty and Estates ratify and approve the whole particular Acts of the said Commission of Surrenders and Teynds, whereby stipends are appointed and modified by the said Commissioners already, And ordain the Ministers to whom the same is assigned, to have intromission therewith: And that the Lords of Session direct Letters of horning and poinding, in favour of the said Ministers conform thereto, upon one simple charge of ten days allennerly. And also upon all other Acts to be made for plantation of Kirks by the commissioners appointed by his majesty & Estates for that effect. And it is declared, that these presents shall be without prejudice to the titulars and others, having interest to pursue for rectifying of such valuations, as are or shall be enormely undervalued, and also without prejudice of the ministers maintenance and augmentation proportionally effeiring to the true and just worth of the Teind, &c. ACT ix.. THE King's general REVOCATION. FORSOMUCH, As our sovereign Lord, the Kings, majesty, shortly after the decease of his Majesties umwhile dearest Father, King JAMES the sixt, of ever blessed memory, for preserving of the liberty and privilege due to his majesty by the common law, and by the acts and statutes of the kingdom; And following the laudable custom used before by his majesty's predecessors, in making of their Revocations: Did upon the twelfth of October, 1625. make and give forth his general revocation under his privy seal, as the same, in the self, at more length bears. AND HIS majesty being now present in his royal person, within this kingdom, and having by God's grace, favour, and blessing, and with the general acclamation, joy, and comfort of his Subjects, acccepted the crown thereof, wherein he is gloriously inaugurate, and now holding the first Parliament of his whole Estates of the said kingdom, with whom his majesty hath advised and resolved anent the said Revocation. Therefore his majesty, with consent of the three Estates, and whole body of this present Parliament, Hath statute, enacted, and ordained, and by these presents, statutes, enacts, and ordains in manner following. IN the first, His majesty and whole Estates of Parliament revokes, casses, and annuls all Infeftments, Charters, Precepts, Confirmations, Alienations, Gifts, Donations, Rights, Securities, and other Dispositions whatsoever, of any rents, lands, Lordships, Baronies, Heritages, Teinds, Patronages of kirks, offices, privileges, and others whatsoever annexed to the Principality, or to the Prince, who is second person of the realm, made, convoyed, signed, or consented unto by his Mties self in his minority and less age, or by his Mties umwhile dearest Father, for himself, as Prince of Scotland; or as Father and lawful administratior to his majesty, or to umwhile Prince Henry his majesty's Brother, of worthy memory, or by the said umwhile Prince Henry himself, or made and granted by his Majesties said umwhile dearest Father; or any other his Mies Predecessors, kings of Scotland in their times, to whatsoever person or persons, in hurt and prejudice of the Prince, second person foresaid: or made and granted by his majesty at any time, preceding the date hereof, unlawfully, and against the laws of the kingdom, the same being tried and found to be so. ITEM, His majesty with consent of the said Estates, revokes, casses, annuls, retreats, & rescinds all & sundry Infeftments, grants, dispositions, confirmations, and other rights whatsoever, made by his majesty enduring his minory and less age, to whatsoever person, or persons, in fee, frank-tenement or otherwise, of the lands, kirks, teinds, patronages, offices, and others pertaining to the Lordship of Dumfermeling, to the which his majesty succeeded as only son and heir, to his Majesties umwhile dearest Mother Queen Anna, who was heritably infeft in the said Lordship of Dumfermeling. And sicklike, revokes all gifts, alienations, dispositions, and other rights whatsoever, made by his majesty, or his said dearest Mother, unlawfully, and against the laws of the kingdom, of the said Lordship, or of any lands, teinds, offices, kirks, patronages, and others pertaining to the said Lordship, at any time preceding the date hereof: the same being so found and verified before the ordinary Judge. ITEM, His majesty & Estates foresaid, revokes, casses, annuls, retreats, and rescinds all & sundry infeftments, charters, gifts, donations, confirmations, alienations, pensions, and other dispositions whatsoever, made, convoyed, signed, or consented unto by his majesty, or by his Majesties umwhile dearest Father, or by any other his majesty's predecessors in their several times, to whatsoever person or persons in any manner of way, in fee, fee-farm, frank-tenement or otherwise whatsoever, of any lands, rents, Lordships, Baronies, Patronages of kirks, customs, annuals, fishings, liberties of fishings, burrow-mails, other rents, castle-wards, or other whatsoever annexed to the crown, offices of justiciary, stewartry, and bailliary, within the same appertaining thereunto, contrary to the Acts of annexation made thereupon of before. And where lawful dissolution of the said annexation was not made by his majesty, his said umwhile dearest Father, and his said Predecessors, kings of Scotland, in their majority, with consent of the three Estates of Parliament, in their several times, for setting of the same in fee-farm, with augmentation of the rental: To the effect the same may be of none avail in time coming, after the date hereof, by way of action, exception, or reply. ITEM, His majesty, with consent foresaid, revokes, annuls, retreats, and rescinds all infeftments, donations, alienations, and other dispositions whatsoever made by his majesty, or his said umwhile dearest Father, either in their minority to their hurt and lesion, or in their majority against the laws and Acts of Parliament, to whatsoever person, or persons, of whatsoever lands, rents, annuals, and revenues not annexed to the crown, whereof his Majesties umwhile dearest Grandmother Queen Mary, was in possession before the coronation of his Majesties umwhile dearest Father, of happy memore. And of all offices, such as Chamberlaneries, bailliaries, office of customary made for more years, but from the Exchequer, till the Count be made in the Exchequer following, constableries, bailliaries, takes and rentals of his majesty's proper lands and rents, above the space of five years, made & granted contrary & against the laws and Acts of Parliament of the kingdom, the same being so found and tried. ITEM, His majesty with consent of the Estates, revokes, casses, annuls, retreats, and rescinds, all and whatsoever Infeftments, rentals, and other rights whatsoever of any part of the annexed property, or of the fee-farms of whatsoever proper lands annexed to his majesty's crown, made to whatsoever person by his majesty, or his umwhile dearest Father; or any other his majesty's Predecessors which are made in diminution of the rental, and hurt of the patrimony of the crown, where the diminution may be proved and verified. ITEM, His majesty revokes, casses, annuls, retreats, and rescinds all and whatsoever Infeftments, alienations, and dispositions, made by his majesty, or by his umwhile dearest Father, or any other his majesty's noble Progenitors of the fee-farm victual of any lands pertaining to the crown, which were lawfully set in few of before, for payment of the fee-farm victual: and the same fee-farm victual is set thereafter in few, or otherwise for silver payment: because such a set or fee-farm being so found and tried, is clearly understood to be to the great abuse, hurt and diminution of his majesty's Patrimony and rent. ITEM, His majesty revokes, casses, annuls, retreats, and rescinds all Infeftments, alienations, & dispositions, with all takes, & assedations, and any other sort of conveyances whatsoever made by his majesty, or his majesty's dearest Father, or any other his majesty's Predecessors, Kings of Scotland, against the laws of the kingdom, to whatsoever persons, of his majesty's Castles, and Houses, or Places, and rooms, whereupon the said Castles and houses were situate, although now demolished by injury done to his majesty and the said crown. And sicklike, all infeftments, alienations, and dispositions, and all other sort of conveyances whatsoever, of any of his majesty's meadows, woods, and parks, with all takes, assedations, and other dispositions thereof, made by his majesty, or his predecessors foresaid, against the laws of the kingdom, The same being so found and tried. ITEM, His majesty revokes, retreats, and rescinds all and sundry Infeftments, alienations, gifts, dispositions, or any other conveyances whatsoever, made by his Majesties said umwhile dearest Father, or any other his majesty's predecessors, kings of Scotland, enduring their minority and less age, and not thereafter confirmed in their majority, to whatsoever person or persons in fee-farm or life-rent, of all lands, and annual-rents which be come in their hands, as property by right of the crown, through bastardry, or being last heir by recognition, or forfeiture, or otherwise with all confirmations, if any be granted in Parliament thereupon: providing that presentation to tenandries fallen by occasion foresaid, shall in no ways come under this present Revocation, because the same being casualties, could not remain in his majesty, or his said predecessors hands, in prejudice of the Superior of the said tenandries, but of necessity it behooved them to present heritable Tenants to the said superiors. ITEM, His majesty, with consent foresaid, revokes, casses, annuls, all new Infeftments, confirmations, and other conveyances whatsoever given by his Majesties said umwhile dearest Father, or any other his majesty's Predecessors, kings of Scotland; to whatsoever person or persons, of any lands, baronies, Lordships, or other heritages whatsomever: To be holden in blensh ferme, which were holden of his majesty or his Predecessors of before, by service of ward and relief. And that in so far as the same is, or may be found and verified, to have been granted against the laws and Acts of Parliament of the kingdom, without prejudice always to the heritable possessers, incase of reduction of their changed renors to brook and hold their said lands heritable, as they were holden before the alteration of the said holding. ITEM, His majesty with consent foresaid, revokes, casses, annuls, retreats, and rescinds all Regalities and gifts of Regalities, and all confirmations, and ratifications of the said gifts and regalities, made, given, or granted, or consented to by his majesty, or his said umwhile dearest Father, or any other his majesty's Predecessors, Kings of Scotland, against the Acts and statutes, that no Regalities should be given in heritage, without advice and deliberation of the whole Parliament, together with all charters, infeftments, confirmations, gifts de novo damus: and other rights whatsomever, made by his majesty or his Predecessors abovenamed, of whatsomever heritable offices, against the laws and Acts of Parliament of the kingdom. ITEM, His majesty with consent foresaid, revokes, casses, annuls, retreats, and rescinds all new creation of lands, baronies, and annexations, and unions of divers lands in free, which are made by his Majesty, or his said umwhile dearest Father, or any other of his majesty's predecessors, Kings of Scotland, in prejudice of their due service owing of before: Together with all discharges given of the said service, and suits of court due of old, and that in so far as the same is, or may be found to be unlawfully made, or against the laws of the kingdom. ITEM, His majesty with consent foresaid, revokes, casses, annuls, retreats & rescinds, all new Infeftments made and given by his majesty, or his said umwhile dearest Father, or any other his majesty's Predecessors, Kings of Scotland, of Creation of Baronies, and Lordships annexed to the crown foresaid, in favour of whatsomever person, in so far as the same is, or many be verified, to have been made and granted unlawfully, and against the laws of the kingdom. ITEM, His majesty with consent foresaid, revokes, casses, annuls, retreats, and rescinds all Infeftments, gifts, and disposions whatsomever, set, given, and granted by his majesty, or his said umwhile dearest Father, or any other his majesty's Predecessors, Kings of Scotland, to whatsomever person or persons in fee, fee-farm, or life-rent, of whatsomever Hospitals, Masondieus, lands, or rents appertaining thereto: in hurt or prejudice of consciences, and against the laws and acts of Parliament of the kingdom, to the end, that the said hospitals may be reduced to the first institution, for upholding of the poor, so far as may be done by the laws of the kingdom. Providing always, that the rents of the trinity college beside the Burgh of Edinburgh and other rents assigned to the hospital and college erected by the Provest, Baysiffes, and council of the Burgh of Edinburgh, be no ways comprehended under this present Revocation. ITEM, His majesty with consent foresaid, revokes, casses, annuls, retreats, and rescinds all and whatsoever gifts, pensions, gifts of sees, wages, liveries, and dispositions out of his majesty's casualties, and coffers, given by his majesty, or by any of his majesty's noble Progenitors (except such as shall be of new granted by his majesty again) together with all Presentations to offices and places, which by the laws of the realm fall under his majesty's Revocation, excepting always the presentations, fees, and pensions given to the ordinary officers of the Crown after specified, their Deputes, and Clerks, and to the other persons after mentioned, which are declared no ways to fall within this present Revocation: They are to say, The fees and pensions given and assigned to the Thesaurer, controller, and Collector principal: and to his Majesties depute Thesaurer, and to their Deputes and Clerks: to the Secretary principal, and his Deputes: To the Clerk of Registery, to his majesty's Advocate, and the Justice, justice clerk, and their Deputes, and to the Master of Requests, and to the proctor for the poor, director of the chancellary, and dictator of the Rolls. And also declares the pensions and others underwritten, no ways to fall under his majesty's Revocation, viz. The pension of the Duke of Lennox, his umwhile Father or Uncle: The pension to the Earl of Morton, with the tak and assedation of Orknay and Zetland: The pension to sir Robert Ker of Ancrum: the pension to M. John sandeland's: the pension to Sir James Lockhart: the pension to sir James Levingston: the pension to sir William Balfour: the pension to Halbart Maxwell: the pension to sir James Carmichaell: the pension to sir James Ramsay: and the pension to sir John Murray of Revilrige, which his majesty and Estates declare shall stand in effect, notwithstanding of this present Revocation. ITEM, His majesty with consent foresaid, revokes, casses, annuls, retreats, rescinds all gifts, pensions, and free discharges of the thirds of benefices, granted by his majesty, or his said umwhile dearest Father, or any other his majesty's Predecessors, Kings of Scotland, to whatsomever person or persons, against the laws and Acts of Parliament of the kingdom, with all takes of thirds of benefices whereby the rentalled duty is diminished or where the whole benefice is set and disponed in diminution of the third thereof, in so far as the same is contratrie to the laws of the kingdom, as said is. ITEM, His majesty with consent foresaid, revokes, casses, annuls retreats, and rescinds all and whatsoever Infeftments made by his majesty or his said umwhile dearest Father, or any other his majesty's predecessors, of any Church-lands, Fryer-lands, Monk-lands, or common-lands, which any ways fell, and became in their hands as property, and that in so far, as the same is, or may be verified to be made contrary, and against the laws and acts of Parliaments of the Kingdom, reserving always the infeftment made for erection & sustentation of Hospitals, and Ministers within Burrows, where there is no assignation nor stipend allowed forth of the thirds of benefices, for sustentation of the ministers thereof: And declares that all such infeftments of Church-lands as is before exprimed, falls under this revocation, if the person or persons, & their successors, to whom the same have been disponed, have not answered & performed the cause and ends expressed in the said Infeftments, and for the which the said Infeftments was granted by his majesty and his Predecessors, as said is. ITEM, His majesty, with consent foresaid, revokes, casses, annuls, retreats and rescinds all takes, asledations whatsoever of any common Churches within the realm of Scotland, made by his majesty, or his said umwhile darrest Father, or any other his majesty's predecessors, Kings of Scotland, in so far as the same is or may be found and verified to be made against the laws and Acts of Parliament of the kingdom; Providing always, that there shall be sufficient Ministers appointed to serve the said Churches, who shall make residence, and shall be sufficiently sustained of the readiest fruits of the said common kirks, according to the general order taken thereanent. ITEM, His majesty, with consent foresaid, revokes, casses, annuls, retreats and rescinds all gifts of monks portions, first fruits, or fift penny of any benefices, whereunto his majesty hath right by the Acts of Parliament made before to that end, And that in so far as the said gifts are or may be found to be granted against the laws of the kingdom. ITEM, His majesty, with consent foresaid, revokes, casses, annuls, retreats and rescinds all gifts and infeftments, made, done, and consented unto, to whatsoever person or persons by his majesty, or his Majesties said umwhile darrest father, or any other his majesty's predecessors, Kings of Scotland, of whatsoever advocation, donation, and right of patronage given or annexed to any Lordships, Lands, or barony where the said Patronage, advocation and donation of benefice pertained not before of right, but which taketh the beginning and ground from any gift and infeftment thereof made with this clause (de novo damus) where the purchaser of the said infeftment had no right to the said Patronage, advocation and donation of before. And that in so far as the same is or may be found to be granted against the laws and acts of Parliament of the kingdom. ITEM, His majesty, with consent foresaid, revokes, casses, annuls, retreats and rescinds all gifts, dispositions of superplus omitted of the fruits of benefice, given by his majesty, his said umwhile darrest Father, or any other his majesty's Predecessors, Kings and Queens of Scotland in so far as the same is or may be found and verified to be granted against the laws and Acts of Parliament of the kingdom. ITEM, His majesty, with consent of the Estates, revokes, casses, annuls, retreats and rescinds all grants and infeftments of erections, of whatsoever abbacy or other prelacy, in whole or in part, temporality or spirituality thereof, made and granted, or consented unto by his majesty at any time preceding the date hereof, To and in favour of whatsoever person or persons, and declares the same null and of none avail, by way of action, exception, or reply, And als his majesty and Estates, revoke all infeftments of Erections made and granted by his Majesties said umwhile darrest Father, or any his majesty's Predecessors, Kings or Queens of Scotland, of whatsoever abbacy, priory, nunnery, preceptory, or any other Erected benefice whatsoever, of whatsoever nature, quality, or condition, whereof the presentation should pertain to his majesty, if the same were not erected in a temporal barony, Lordship, or Living, or of any part or pendicle thereof, either spirituality or temporality of the same, to and in favour of whatsoever person or persons, And that in so far as the same is, or may be verified to be granted, against the general laws and Acts of Parliament of the kingdom. And to that effect revokes, casses, annuls, retreats and rescinds all acts, statutes, and dissolutions of any of the said erected benefices, lands or teynds of the same, whereupon the said infeftments of erections are, or have been founded: And that in so far as the same is, or may be found and verified, to be contrary to the general laws, Acts of Parliament, and Statutes of the kingdom, as said is. AND generally his majesty, with consent foresaid, revokes, casses, annuls, retreats and rescinds all acts, constitutions, dispositions, grants, conveyances, ratifications, and all other things whatsoever done or consented unto by his majesty at any time preceding the date hereof, or by his umwhile dearest Father, or any other his majesty's Predecessors, Kings and Queens of Scotland, in detriment of their soul and conscience: in hurt and detriment of the crown and Church, and contrary to the laws and Acts of Parliament of the kingdom. And wills and declares, that these presents shall be als amply extended, and to be of als' great effect in general and special, as any revocation made by any of his majesty's royal Predecessors before the date hereof, contained in the books of Parliament, Which in all heads, clauses, and circumstances thereof are holden as here repeated. AND also his majesty, with consent of the Estates, ordains and decernes, that albeit it shall happen his majesty for any respect or consideration, to suffer any person or persons, to use or possess any privileges or possessions, lands, rents, offices, which are fallen under the compass hereof, That it shall make no right to the users and holders thereof, but it shall be lawful to his majesty and his successors to intromit therewith, when ever it shall please them by virtue of these present acts and consuetudes of the realm made before, without any obstacle, impediment or contradiction. ACT X. ANENT ANNEXATION OF HIS majesty's property. OUR sovereign LORD, With advice and consent of the Estates of this present Parliament, ratifies and approves the whole acts of annexation of whatsoever lands, Lordships, and Baronies annexed to the Crown by his Majesties umwhile Father, or any other his majesty's Predecessors. And farther, his majesty and Estates foresaid, and without derogation of the former annexations, of new annexes the same to the crown; to remain therewith for ever according to the conditions and provisions contained in the former acts of annexation of Lands to the crown; and specially of the act of annexation made in the days of King James the second, in the month of August, 1455. ATTOUR, His majesty with consent foresaid, declares the right and title of superiority Of all & sundry, lands, baronies, milnes, woods, fishings, towers, fortalices, manor places, and whole penitents thereof, pertaining to whatsoever Abbacies, priories, pryoresses, preceptories, and whatsoever other benefices of whatsoever estate, degree, title, name, or designation the same be of, erected in temporal Lordships, baronies, or livings, before or after the general act of annexation of kirkelands, made in the month of July, 1587. years: together with the whole few-mails, fee-farms & other rents and duties of the said superiorities, To be annexed, and to remain with the crown for ever: Reserving to such Lords and titulars of erections, and each one of them, who have subscribed the general surrender, the few-mails, and fee-farms of their said superiorities, aye and while they receive payment and satisfaction of the sum of a thousand marks, usual money of Scotland, for each chalders of fee-farm victual overhead, and for each hundreth marks of few-mails, and for each hundreth marks worth of all other constant rent of the said superiorities, not consisting in victual or money, and not being naked service of Vassals, according to the tenor of his majesty's general determination, & according to the conditions therein expressed: And reserving to them and to all other titulars of erection, their property and proper lands to be holden of his majesty and his successors, in fee-farm for payment of the fee-farm duties, and other duties contained in the old infeftments made to them, their predecessors, and authors before the said Act of annexation. Like as his majesty and Estates foresaid, finds and declares that all titulars of erection without exception, shall hold their property and proper lands of his majesty and his successors, in fee-farm, for payment of the fee-farm duties contained in the infeftments granted to them and their foresaids, before the said Act of annexation, and no otherwise. And his majesty and Estates declares all rights and deeds whatsoever, made and granted to whatsoever person or persons preceding the date hereof, which may prejudge his majesty and his Successors, in the peaceable brooking, enjoying, and possessing of the said superiorities and fee-farm duties above-specified (excepting and reserving as said is) To be null and of none avail, force nor effect by way of action, exception, or reply. And sicklike, his majesty and Estates ratifies and approves the Acts of Parliament made by his Majesties said umwhile dearest Father, of eternal memory: The fifteenth Parliament, Cap. 233. Intitulate anent the annexation of the Kings annexed property. Together with the 234. Act of the said Parliament, intitulate the annexed property may not be disponed, but in fee-farm allenerly. And also the 236. Act of the same parliament, intitulate disposition of the annexed property, made before the dissolution, or not conform to the conditions thereof is null. And sicklike, the 243. Act of the said fifteenth Parliament, intitulate anent ratifications or dispositions made in Parliament: And ordains the same to have full force and effect in all time coming. And declares all deeds done in contrary thereof, to be null and of none avail by way of action, exception, or reply. It is always declared that under this present Act, nor no clause thereof, shall no ways be comprehended the temporal lands, superiorities, and others pertaining to whatsoever Archbishops, Bishops, and their Chaptors: but that the same shall remain with them and their successors unhurt or prejudged by this present Act. ACT XI. OF DISSOLUTION. FOR SO MUCH, As albeit the lands, Lordships, Baronies, and others of old, are lately annexed to the crown, were and are, for great and weighty considerations, tending to the weal of the crown and whole realm, Ordained to remain with our sovereign Lord, and his Successors for ever. And not to be disponed nor annalied in fee nor life-rent, to whatsoever person or persons, without advice of the three Estates of parliament, and for profitable and seen causes, tending to the weal of the whole realm: Yet nevertheless, it hath been ever thought expedient in the days of our sovereign Lord's most glorious Predecessors: And no ways derogatory to the conditions of the said annexations but agreeable thereto, as tending to the public weal of the crown and kingdom; that the annexed and proper lands should be set in fee-farm for increase of policy and augmentation of the rental: And his majesty being well pleased to observe and follow the order kept by his majesty's predecessors foresaid, anent his Majesties annexed property. THEREFORE His majesty with consent of his three Estates of Parliament, statutes and ordains, that it shall be lawful to his majesty enduring his time, to set all & sundry lands Baronies, lordships, milnes, fishings, and other his majesty's proper lands both of the old and new annexed property, and of the temporality of kirkelands in fee-farm, so that it be not in dimininution of his majesty's rental, gressumes, and other duties: but in augmentation thereof, providing always that this present dissolution shall no ways be extended to the setting in fee-farm of any of our sovereign Lords Castles, Palaces, Yards, Woods, Parks, forests, pastures for sheep and nolt, and in special the Lomonds of Falkland, Coalheuches, and offices: But the same to remain inseparably annexed to the crown, notwithstanding of this present dissolution. And declares that this present dissolution shall endure for the life-time of our sovereign Lord, the King's majesty, who now is allanerly. So that the lands and other foresaids, which he sets in fee-farm in his time, with the condition foresaid, shall stand perpetually, to and in favours of the receivers thereof, their heirs and successors, and after his decease, the annexations made at this present Parliament, and of before shall return to the own nature. ACT XII. RATIFICATION OF THE ACTS Of Interruption. OUR sovereign LORD, and Estates of Parliament, ratifies and approves the Act of the Lords of council and Session, of the date at Edinburgh, the penult of March, 1630 years: anent the interruption of the Act of prescription, in favour of his majesty and his successors, together with the act of secret council, of the date at Holy-rudehouse, the twenty sixt day of May, 1630 years. Whereby the said's Lords of secret council have allowed and approved the said Act: And ordains the said Acts to be insert in this present ratification. And his majesty and Estates declares the said acts to have the full force, effect and exe●ution of a law, statute and act of Parliament in favour of his majesty and his successors in all time coming. Followeth the tenor of the Act of council and Session. AT Edinburgh, The penult day of March, the year of God, 1630 years. The which day in presence of the Lords of council and Session compeered personally, sir Thomas Hope of Craige-hall, Knight Baronet, his majesty's Advocate, and presented a letter directed from his sacred majesty, whereof the tenor followeth. REX: Right trusty, and right well-beloved Cousin & counsellor, and trusty & welbelowed, We greet you well. Whereas by Act of Parliament made in the month June. 1617. years, all heritable rights clad with forty years' possession, are declared to be irreduceable in all time coming, except the same be quarrelled within the space of forty years: And by the same Act their is liberty granted to all persons, who might be prejudged by the said prescription of forty years already run and expired, before the date of the said Act. To intend their actions within the space of thirteen years after theate of the said act: And whereas we, shortly after the decease of our dearest Father, or eternal memory, made our general revocation in the month of October, 1625 years. Which revocation we by two special letters of declaration, one of the date at Whitehall the twenty sixth day of January, 1626. years: And registrate in the books of secret council the ninth of February, 1626. years, And an other of the date at Wainsteed, the eleventh of July, 1626. years: And registrate in the books of secret council upon the twenty one of July, 1626. years, Have restricted to the annulling of rights of the property of the crown, as well annaxed as unannexed, whereof account hath been made in Exchequer, and of the principality unlawfully disponed by our Predecessors: against the laws and Acts then standing, and to the annuling of erections and other dispositions of whatsoever lands, teinds, partronages, and benefices formerly belonging to the Kirk, and since annexed to the crown. And of any other lands and benefices mortified and devoted to pious uses: And of Regalities and heritable offices, and of the change from the ancient holdings of ward and relief to blensh or taxed ward, since the year of God 1540 years. And because We were unwilling to enter in process with our Subjects anent the premises, but rather desired to take a fair course with all such as would voluntarily treat with Us or our Commissioners there-anent. THEREFORE We were pleased by our Commission of the date at Whitehall the seventeenth day of January, 1627. years, to appoint certain of our nobility, clergy, gentry, Barons, and Burrowes, to be commissioners, to treat and deal betwixt Us and our Subjects, anent the premises. And albeit the said Commission hath made a good progress in the said matter of erection and teinds: and that a great number of our subjects, having interest therein; have subscribed to us general submissions, whereupon We have given forth our several determinations for the good of our Subjects, and establishing of the perpetual quietness, and peace of that our ancient kingdom; Yet it is certain that many of these who have interest in erections and teinds, lie forth, and have not subscribed the said general submissions. Like as also the remanant points of our said Commission anent the patronage of Kirks, rights, and infeftments of our property, and principality, Regalities, Heritable offices, and Changed tenors of holding in blensh or taxed Wards, are not as yet begun to be handled and treated, and cannot be possibly finished and closed, before the expiring of the time and years of interruption, allowed by the said Act. And because We will not suffer ourself or our Successors to be prejudged by delay of the execution of the said commission of the lawful actions competent to us and them, for reducing of such rights of the premises, to the which We have undoubted interest. And seeing a multitude cannot be commodiously summoned and warned personally, or at their dwelling places in so short time as is to run of the said time of prescription; Therefore and for preservation of our rights and actions competent to us and our Successors anent the premises, Necessary it is, that some solemn Act be done by us, to testify our will and resolution, to prosecute our said actions in the own time, if the same be not taken away and removed by the said commission, which we think cannot be more properly and conveniently done, nor by inserting of this our declaration in your books of Session, and directing of Letters of publication thereupon, certifying all our Lieges who have interest in the premises, by open proclamation at the market cross of our Burgh of Edinburgh, & other places needful, of this our pleasure, will and declaration. And that the same be declared by you, to have the strength, force, virtue, and power of a legal and perfect interruption; And therefore, We require you immediately after the sight hereof, to cause insert these presents in your books of Session: and to declare the same to have the force of a legal and lawful interruption, and to direct Letters of publication thereupon, in form as effeires. Which, not doubting you will do, We bid you, farewell. From our Court at Whitehall, the twenty ninth day of November, 1629 years, with the which letter, tenor, contents, & desire thereof, after that the same with the act of parliament wheruno it is relative, was read in their whole presence; The said Lords being well & ripely advised, & having considered the justice and equity of his majesty's will & pleasure therein contained: they have ordained & ordain the said letter & declaration therein contained, to be insert, and registrate in their books of Sederunt: and ordain Letters of publication to be direct and pass thereupon, certifying all his majesty's Lieges who have interest, by open proclamation at the market cross of Edinburgh, and other market crosses of the kingdom, where the lands, Baronies, and others under written lie: or where the persons and subjects dwell and remain, against whom the said declaration is to have the effect of a legal interruption, in manner following. And by open proclamation at the said market cross of Edinburgh, Pier and shore of Leith, for all such of his majesty's Lieges, who are forth of this realm, Of his majesty's pleasure, will, and declaration, and of the said Lords their decrete, and authority interponed thereto. Like as the said Lords declare, That the said declaration registrate as said is, and to be published in manner foresaid, shall have the strength, force, and power of a legal and perfect interruption, against all persons having interest: and that in so far alennerly as may be extended to the particulars followings: To wit, To his Majesties annexed property, and his majesty's property unannexed, whereof the fermes duties or fee-farms have been Counted in his majesty's Exchequer, since the month of August 1455 years, & unlawfully disponed by his majesty's predecessors, against the acts of Parliament and laws of the kingdom: and to the principality unlawfully disponed by his majesty's predecessors, against the acts of Parliament and laws of this kingdom: and to the reduction of whatsoever erections of whatsoever benefices, spirituality or temperality thereof, against the laws & acts of Parliament: & to the reduction of whatsoever patronages of kirks pertaining to his majesty and his predecessors, & unlawfully disponed by them against the acts of Parliament: and against unlawful dispositions of whatsoever lands, teinds or rents doted to Hospitalities, or masondieus, and unlawfully disponed against the acts of Parliament: and against Regalities and heritable offices unlawfully disponed, contrary the acts of Parliament: and against all changed tenors of holding from ward to blensh or taxed ward, granted by the Kings and Princes in their minorities, and not granted or ratified by any king or prince being major: with this declaration, like as the said Lords declare that the same shall not prejudge any person whatsoever of their lawful defence competent to them, against any action to be intended hereafter, at his majesty's instance and his successors; except in so far as concern the said act of prescription, whereupon the said Lords declare, that no exception shall be founded in prejudice of his majesty and his successors, concerning the premises. Followeth the tenor of the Act of Secret council. Apud Holy-rude-house vicesimo sexto die mensis Maii anno Domini millesimo sexcentesimo tricesimo. THE which day, in presence of the Lords of Secret council, compeared personally Sir Thomas Hope, of Craige-hall, Knight Baronet, his majesty's Advocate, and gave in the act of Session underwritten, made in favour of his majesty, anent the Interruption of the act of prescription, and desired the same to be insert and registrate in the books of privy council, and the Lord's authority to be interponed thereto: which act of Session being read, heard, and considered by the said Lords, and they being therewith, and with the desire of the said Advocate well advised: the Lords of Secret council think the course and order taken by the said Lords of Session for interrupting of the said act of prescription, to be just and reasonable: And therefore, they ordain the said act of Session to be insert and registrate in the books of privy council, whereof the tenor followeth. At Edinburgh the penult day of March, the year of God, 1630 years: The which day in presence of the Lords of council compeared personally Sir Thomas Hope of Craige-hall, Knight Baronet, his majesty's Advocate, and presented a Letter direct from his sacred majesty, whereof the tenor followeth. CHARLES REX: Right trusty, and right well-beloved Cousin, and counsellor; and right trusty and well-beloved: We greet you well. Whereas by act of Parliament made in the month of June, 1617. years, All heritable rights clad with forty years' possession, are declared to be irreduceable in all time coming, except the same be quarrelled within the space of forty years: and by the same act there is liberty granted to all persons, who might be prejudged by the said prescription of forty years already run and expired before the date of the said act; To intend their actions within the space of thirteen years after the date of the said act. And whereas We, shortly after the decease of our dearest Father of eternal memory, made our general revocation in the month of October, 1625. Which revocation we by two special Letters of declaration, one of the date at Whitehall the twenty sixth day of January, 1626. years, And registrate in the books of our secret council the ninth day of February, 1626. years; And another of the date at Wainsteed the eleventh day of July, 1626. years, and registrate in the books of our secret council upon the twenty one day of July, 1626. years; Have restricted to the annulling of rights of the property of our crown, as well annexed as unannexed, whereof account hath been made in our Exchequer; and of the Principality unlawfully disponed by our predecessors against the laws and acts then standing; and to the annulling of erections & other dispositions of whatsoever lands, teinds, patronages, and benefices formerly belonging to the kirk, and since annexed to the crown; And of any other lands and patronages, which any ways should justly belong to the kirk or crown; and of whatsoever lands and benefices mortified and devoted to pious uses; and of Regalities & heritable offices; and of the change of holdings from the ancient holding of ward and relief to blensh and taxed ward, since the year of God, 1540 years. And because we were unwilling to enter in process with our Subjects anent the premises, but rather desired to take a fair course with all such as would voluntarily treat with Us or our commssioners there-anent: THEREFORE We were pleased by our commission of the date at Whitehall the seventeenth day of January, 1627. years; To appoint certain of our nobility, clergy, gentry, Barons, and Burrowes, to be commssioners to treat and deal betwixt Us and our Subjects, in the premises: And albeit the said commission hath made a good progress in the said matter of erections and teinds, and that a great number of our subjects having interest therein, have subscribed unto us general submissions, whereupon We have given forth our several determinations for the good of our subjects, and establishing the perpetual quietness and peace of that our ancient kingdom; Yet it is certain, that many of these who have interest in erections and teinds, lie forth, and have not subscribed the said general submissions: Like as also the remanent points of our said commission anent the patronage of kirks, rights, infeftments of our property and principality, Regalities, Heritable office, and Changed tenor of holdings in blensh, or taxed Wards, are not as yet begun to be handled and treated, and cannot possibly be finished and closed, before the expiring of the time and years of the interruption allowed by the said act. And because we will not suffer ourselves nor our successors to be prejudged, by delay of the execution of the said commission, of the lawful actions competent to Us & them for reducing such rights of the premises, unto the which we have undoubted interest; And seeing a multitude cannot be commodiously summoned and warned personally, and at their dwelling places, in so short time as is to run of the said time of prescription: Therefore, and for preservation of our rights and actions competent of Us and our successors anent the premises, necessary it is, that some solemn Act be done by Us, to testify our will and resolution, to prosecute our said actions in the own time, if the same be not taken away and removed by the said commission, which we think cannot be more properly and conveniently done, nor by inserting of that our declaration in your books of Session, and directing of Letters of publication thereupon: certifying all our Lieges who have interest in the premises, by open proclamation at the market cross of Edinburgh, and other places needful, of that our pleasure, and declaration: and that the same be declared by you, to have the strength, force, power, and virtue of a legal and perfect interruption. And therefore, We require you immediately after the sight hereof, to cause insert these presents in your books of Session, and to declare the same to have the force of a legal and lawful interruption, and to direct Letters of publication thereupon, in form as effeir is. Which not doubting you will do, We bid you farewell. From our court, at Whitehall, the twenty ninth day of November, 1629 years. With the which Letter, tenor, contents, and desire thereof, after that the same with the act of Parliament whereunto it is relative, were read in their whole presence, The said Lords being well and ripely advised, and having considered the justice and equity of his majesty's will and declaration contained therein, They have ordained, and ordain the said letter and declaration therein contained, to be insert and registrate in their books of Sederunt; and ordain letters of publication to be direct and pass thereupon, certifying all his majesty's Lieges, who have interest, by open proclamation at the market cross of Edinburgh, and other market crosses of the kingdom, where the lands, Baronies, and others lie; or where the persons & subjects dwell and remain, against whom the said declaration to have effect of a legal interruption in manner following. And by open Proclamation at the said Market cross of Edinburgh, Pier and Shore of Leith, for all such of his majesty's subjects as are forth of this realm, Of his majesty's pleasure, will and declaration, and of the said Lords their decrete and authority interponed thereto. Like as the said Lords declare, That the said declaration registrate, as said is, and to be published in manner foresaid, Shall have the strength, force and power of a legal and perfect interruption against all partles having interest, and that in so far alennerly as may be extended to the particulars following, viz. To his Majesties annexed property, and his majesty's property unannexed, whereof the ferme duties or fee-farms have been Counted in his majesty's Exchequer, since the month of August 1455. years, and unlawfully disponed by his majesty's Predecessors against the Acts of Parliament, and laws of the kingdom: And to the principality unlawfully disponed against the Acts of Parliament and laws of this kingdom: And to the reduction of whatsoever erections, of whatsoever benefices, spirituality and temporality thereof unlawfully disponed against the Laws and Acts of Parliament: And to the reduction of whatsoever patronages of Kirks, pertaining to his majesty and his Predecessors, and unlawfully disponed by them against the Acts of Parliament: And against unlawful dispositions of whatsoever teynds, lands, and rents doted to hospitals, and masondieus, and unlawfully disponed against the acts of Parliament: And against regalities & heritable offices unlawfully disponed, contrary to the Acts of Parliament: And against all changed tenors of holdings from ward to blensh, or taxed ward, granted by the Kings and Princes in their minorities, and not granted or ratified by any King or Prince being major. With this declaration like as the said Lords declare, that the same shall not prejudge any person whatsoever of their lawful defences competent to them, against any action to be intended hereafter at his majesty's instance, and his successors, except in so far as concerns the said act of prescription, whereupon the said Lords declare, that no exception shall be founded in prejudice of his majesty and his Successors concerning the premises. ACT XIII. ANENT REGALITIES OF ERECTIONS. OUR sovereign LORD, With advice and consent of the Estates of Parliament, ratifies and approves that head and article of the act of Parliament made in the month of July, 1587. years, cap. 29. anent the annexation of the temporality of benefices to the crown, whereby the right & privilege of regality, which pertained to whatsoever abbacy, priory, prioress, or other benefice whatsoever, is annexed to the crown: with this declaration, That the heirs of the vassals of the heritable tenants shall be entered by briefs forth of his majesty's chancellary, to be direct to the Provest and bailiffs of the burrows of the said regalicies. But prejudice always to heritable bailiffs and Stewarts of the said regalities, their heirs and successors, Of their rights and infeftments granted to them of the said baileries and Stewartries of regality, which shall remain with them in the same condition they were before the same act of annexation, except in the change of their superior, viz. in the King's majesty, and his Successors, who in all times thereafter shall be their superior, as in the said act of Parliament of the date foresaid, at more length is contained. AND farther, His majesty, with consent of the Estates of Parliament, casses, annuls, retreats and rescinds all rights and titles made and granted by his majesty, or his Majesties umwhile Father, or by umwhile Queen Marie his grandmother, to whatsoever person or persons, of the right and privilege of regality, pertaining to whatsoever Abbot, Pryor, prioress, Preceptor, or other beneficed person whatsoever, at any time preceding the date hereof: And declares the right and title of all and whatsoever regalities within the kingdom, which pertained to whatsoever benefice particularly or generally above specified, at any time preceding the general annexation of kirklands, without respect to any exception mentioned in the said act of annexation, To pertain to his majesty and his Successors in all time coming. Reserving always to all heritable bailiffs and Stewarts of the said Regalities; their rights and infeftments of the said baileries & Stewartries, granted to them by the said beneficed persons, at any time preceding the date of the erections of the said Abbacies, Priories, and others foresaid in temporal Lordships. And it is declared, that these presents shall no ways be extended to the right of regality of whatsoever lands, and superiorities, pertaining to the Archbishops and Bishops of this kingdom, by virtue of their gifts and provisions, granted to them or their predecessors thereupon, which shall remain with them unhurt or prejudged by this present act. AND also it is declared, discerned and ordained, that the lands and barony of Broughtown, comprehending the towns, lands, burgh in barony, milnes, and others mentioned in the infeftments granted by his majesty under his highness' great seal, To his highness' right trusty Cousin and counsellor, Robert Earl of Roxburgh, of the date, the day of one thousand six hundred thirty years, shall not be comprehended herein, excluding the same all utterly therefrom, To remain with the said Earl, his heirs and Successors, after the form and tenor of the infeftments made to him and his authors of the same. ACT XIIII. ANENT SUPERIORITIES OF kirkelands. OUR sovereign LORD, With advice and consent of the Estates of Parliament finds, declares, and ordains, that his majesty and his Successors, have and shall have good and undoubted right to the superiority of all and sundry lands, baronies, milnes, woods, fishings, towers, fortalices, manor places and whole penitents thereof, pertaining to whatsoever abbacies, priories, prioresses, preceptories, and whatsoever other benefices, of whatsoever estate, degree, title, name, or designation the same be of, Erected in temporal Lordships, baronies, or livings, before or after the general annexation of kirklands, made in the month of July, one thousand five hundred fourscore and seven years, And to the whole casualties of the said superiorities, not disponed before the date of the general Commission, which is of the date at Whitehall, the seventeenth of January, 1627. years; And also to the whole fewmails, fee-farms, and other rents and duties of the said superiorities, of all years after the date of the said Commission: Reserving to such Lords and Titulars of Erections who have subscribed the general surrender, the fewmails, and few-ferms of their said superiorities, ay and while they receive payment and satisfaction of the sum of one thousand marks usual money of Scotland, for ilk chalders of fee-farm victual overhead; And for ilk hundred marks of fewmails, and for ilk hundred marks worth of all other constant rent of the said superiorities (not consisting in victual or money, and not being naked service of vassals) according to the tenor of his majesty's general determination, and conform to the conditions therein contained, which are holden as repeated and expressed here. And sicklike with this declaration, that these presents shall be without prejudice to the said Lords; and titulars of erection, of whatsoever lands, baronies, woods, fishings, manor places, milnes, multors, and others of the said erected benefices, pertaining to those who have surrendered, as said is, in property; And whereof they had the right of property, the time of the said general surrender acquired by them, either before or since the said erections, by whatsoever manner of way according to the laws of the kingdom. Providing they hold the said property of his majesty and his Successors, as the same were holden before the date of the said erections, And for payment of the fewmails, few-ferms, and other duties mentioned in the old infeftments of the said lands before the date of the said erections. AND His majesty and Estates declare all rights and deeds whatsoever, granted by his majesty, or his umwhile dearest Father, or Grandmother, Queen Marie, to whatsoever titulars of erections which may prejudge his majesty and his Successors, in the peaceable brooking, joying and possessing of the said superiorities, and whole benefit thereof above-specified (under the exceptions always and provisions above-written) To be null, and of none avail, force nor effect by way of action, exception, or reply: And also finds and declares that the said Lords and titulars of erection shall hold their property and proper lands, Of his majesty and his Successors, as the same were holden before the date of the said erections. And for payment of the fewmails, fee-farms, and other duties mentioned in the old infeftments of the said lands granted to them and their authors before the date of the said erections: It is always provided, and declared, that these presents, nor no clause therein contained, shall be extended to the superiorities of whatsoever lands, baronies, and others, pertaining to whatsoever Archbishop, Bishop, and their Chaptors: but that the same shall remain with them and their Successors unhurt or prejudged by this present Act. ACT XV. ANENT HIS majesty's annuity Of Teinds. OUR sovereign LORD, And Estates of Parliament, ratifies and approves the Act of the general Commission of Teinds and Surrenders, Of the date at Holyrudehouse the twenty ninth of May, 1627. years, whereby it is found and ordained, That his majesty and his Successors shall have the constant rent and duty following, paid out of the teind bolls of victual, And out of the body of the rest of the teinds of the kingdom redacted in money, Except the teind bolls and silver paid to the Bishops, being the rent pertaining to them, in the estate wherein the same is presently paid or presently payable to them: And except the teind bolls and silver paid to Ministers in name of stipend for serving the cure; and to the colleges, Hospitals, and other pious uses: That is to say, Of every teind bowl of the best wheat ten shillings; Of every bowl of the best teind bear, eight shillings; And of every bowl of the best teind oats, meal, pease and rye, six shillings: And where oats are of that nature that they will not render above half meal, the rent to be three shillings: And where the bolls of victual are of inferior goodness, worth and price nor the best, That his majesty's annuity forth thereof shall be modified proportionally. And where the rent doth not consist in victual but in money, that his majesty and his Successors shall have of every hundreth marks of Parsonage and Vicarage teind, not consisting in victual rent, the sum of six marks money. Together with the Act of the said commission of the date at holyrudehouse, the eight of August, 1628. Whereby it is ordained, that the payment of the said annuity shall have the beginning of the crop and year of God, 1628. Together with another act of the said commission, of the date at Holy-rudehouse the fourteenth day of July, 1630. Whereby letters of horning are ordained to be direct at the instance of his majesty's Thesaurer, for payment of the said annuity of the crops, 1628. and 1629. and yearly in time coming. Together with an Act of the convention of the Estates, of the date at Holy-rudehouse the twenty ninth of July, 1630. years, whereby the said Estates have ratified and approved the said act of the date and tenor foresaid, anent letters of horning, to be direct at the instance of his majesty's thesaurer, for payment of his majesty's annuity of the crops and years of God, 1628. and 1629. and yearly in time coming. And siclik ratifies and approves the Act of the said commission, of the date the twenty third of March, 1631 years. Whereby it is ordained, that in all teinds which shall be unvalued betwixt and the first of August thereafter, that the heritor shall pay his just teind according to the fift part of the present rent, ay and while the constant rent be determined. And whereby it is statute and ordained, that his majesty shall have right to uplift his annuity according to the said fift part of the present rent, ay and while the said constant rent be determined, Together with another Act of the said Commission of teinds and surrenders of the date at Holy-rudehouse the fourteenth of December, 1631 years. And ratified by the Lords of secret. Council upon the twentieth day of the said month of December. Whereby it is statute and ordained for an interim, that the annuity of teinds, consisting in victual, shall be paid to his majesty of all years by gone, and in time coming conform to the tenor of the said last Act: and that according to the just and true prices of the victual in ilk part of the Country, Counting for ilk hundred marks of the prices of the said victuallbeing redacted in money six marks for his majesty's annuity. Which Act is thereafter upon the twentieth of December, 1631. ratified by the Lords of secret council, And letters of horning and poinding ordained to be direct thereupon, and thereafter ratified by the Lords of Exchequer upon the twenty third of the said month of December. And his majesty and Estates statute and ordain the said annuity forth of the teinds to be paid to his majesty and his Successors, of the said crop and year of God, 1628. and of all years sensine and in time coming. And that as well out of the unvalued as valued teinds conform to the tenors of the said Acts of convention, secret council and Exchequer. And ordains letters of horning and poinding to be direct by the Lords of his majesty's Exchequer at the instance of his majesty's Thesaurer, principal and depute, for payment of the said annuity of all years by-gone and in time coming. And ordains the Lords of his majesty's Exchequer, to sit at all convenient times for granting and discussing of suspensions, touching the said annuity of teinds. It is always declared, that the last clause and article contained in the said Act of annuity, whereby the Commissioners think fit that the said annuity of teinds shall be annexed to the crown, is no ways ratified by this present act, nor no clause thereof. And that his my takes to his own gracious consideration what to do thereanent in whole or in part, as his Mty in his royal wisdom shall think most expedient. And whatever his Mtie shall do now or hereafter thereanent, shall be as valid and effectual, as if the same had been particularly expressed in this present act. ACT XVI. ANENT VASSALS HOLDING WARD. OUR sovereign LORD, And Estates of this present Parliament, ratify and approve the Act of Parliament made by his Majesties 'em while Father, of eternal memory, 18. Parliament, cap. 12. Intitulate, Act anent setting of fewes to subvassals of ward lands in the whole heads and articles thereof. And farther his majesty with consent of the said Estates, hath extended and doth extend the said act of Parliament and benefit thereof, in favour of his sacred majesty and of the Prince of Scotland and their Successors in all time coming: And statutes and ordains, that it shall no ways be lawful to whatsoever Vassals, holding lands of his majesty or of the Prince of Scotland, or of any Duke, marquess, Earl, Viscount, Lord, Prelate, Baron, or any other person whatsoever, holding their land of their superior by service of war and relief, to set their said lands, baronies, milnes, fishings, or any other lands or haritages whatsomever, holding ward, as said is, To any other person or persons in Few for payment of a fee-farm duty, or in any manner of holding, in prejudice of the said ward holding, without special advice and consent of their superious, of whom they hold the same respective: And rescinds and annuls all former acts of Parliament of whatsomever date or tenor, which may in any sort derogate to this present act. And finds and declares that all and whatsomever infeftments to be granted otherwise, without consent of the said superiors respective, or their confirmation abstained thereto, doth no ways stop the ward of the said lands, nor hinders the curse of recognition vacand, or which shall happen to vake in the superiors hands, incase of altenation of the same either of the whole, or of the most part thereof, according to the curse of the common Law, without consent of their superiors, but prejudice to their said superiors respective, and their successors, of the benefit of the said act of Parliament 1606: whereby all such infeftments and grants without consent, as said is, are declared to be null by way of action, exception, or reply. Which clause shall stand in favour of his majesty, and in favour of the Prince, and their Successors, and other superious respective foresaid; sicklike, and in the same manner as if the said clause were insert in this present act, and this act shall not be extended to deeds lawful done in time by-gone, before the date of this present act, but only ad futura. ACT XVII. ANENT THE RATE AND PRICE OF Teinds. FOR SO MUCH As our sovereign LORD out of his royal and Fatherly care, tendering the public good of this his ancient kingdom, did immediately after his happy attaining to the Crown, publish and give forth his royal declaration anent the reforming of the abuses used in leading of teinds, wherein his Majesties umwhile Father, of eternal and blessed memory, laboured so much in his time, and for provision and maintenance of Kirks, and another pious uses forth of the said teinds: And now his majesty being by God's gracious providence present in his royal Person within this his majesty's ancient kingdom, and holding this his first Parliament of his whole Estates of the same, with whom his majesty hath advised and resolved, to put that glorious work anent the teinds to a full perfection. THEREFORE, His majesty with consent of the three Estates, by these presents statutes, ordains, and declares, that there shall be no teind-sheaves, or other teinds, Personage or Vicarage led and drawn within the kingdom, but that each heretor and life-renter of lands shall have the leading and drawing of their own teind, the same being first truly and lawfully valued, and they paying therefore the price after-specified, incase they be willing to buy the same: or otherwise paying therefore the rate of teinde after specified. Like as his majesty and Estates find and declare, that the just and true rate of teinds, is and shall be the fift part of the constant rent which each land payeth in stock and teind where the same are valued jointly, and where the teinds are valued apart and severally, that the just rate thereof, is and shall be such as the same is already or shall be hereafter valued, and proved before the said commissioners or subcommissioners, deducing the fift part thereof for the ease of the heritors, reserving always liberty to such as shall find themselves enormly hurt by the leading of the said valuations, to pursue for rectifying of the same, before the commissioners appointed by his majesty and Estates for that effect. And also his majesty, with consent of the three Estates, finds and declares, that the price of all teinds which may be sold and annalied, consisting either in money, victual, or other bodies of goods, is and shall be ruled and estimate according to nine years' purchase, the prices of victual and other bodies of goods whereof the teind consists, being redacted in money, according to the worth and price of victual and goods in each part of the country, to the which the same is, and shall be prized and estimate by his majesty's commissioners already appointed or to be appointed to that effect. And finds and declares that each heritor in the kingdom, being willing to buy his own teind from the titulars having power to sell the same, shall be obliged to buy the teinds of his own lands, except so much as shall be locally assigned to the Minister, serving the cure of the kirk, for his maintenance, and to pay the prices foresaid, betwixt and the term of Martinmasse, in the year of God 1635 years, where the valuation of the teinds is made and approved before the date hereof, and where the same is not yet valued and approved within the space of two years after the same be valued and approved by the Commissioners, to be appointed by his majesty and Estates to that effect: after the expiring of the which time, his majesty and Estates declare that the said titulars shall not be compelled to sell the same, except they do it of their own good will and consent, with this declaration always, that incase the impediment of not selling enduring the space foresaid, flow from the titular by reason of his minority or other inhability, in that case the heritor who offereth himself ready to buy his own teind within the space foresaid, shall have place so soon as the impediment is removed, to buy his teinds, notwithstanding of the expiring of the years and spaces above-expressed. And it is declared that if the heritor be minor, and his Tutors neglect the buying of his teinds within the space foresaid, the minor shall have action against his Tutors pro Damno & interesse, but not action to compel the titular after the expiring of the space foresaid, for selling of the said teinds: And where the said teinds are coft by the heritors as said is, find that the heritor shall be obliged to give to the life-renter of the said lands, having right thereto by contract of marriage, life-rent, infeftment, conjunct-fee, or reservation forth of the infeftment of fee, the leading of the teinds of their said life-rent lands, for payment of the rate of the teind of the same. And sicklike finds that in all cases where teinds are not coft, that the heritors or life-renters of lands, who have the leading of their own teinds by themselves, their tenants, and others in their name, shall be obliged to pay to the titulars of teinds the yearly rate thereof, according to the valuation of the same made or to be made, and to give security thereof, according to the order set down and prescribed by the Commissioners of surrenders and teinds, or to be set down by the Commissioners appointed, or to be appointed by his majesty with consent of the Estates of this present Parliament, deducing so much thereof as shall be assigned to the Minister for his maintenance. It is always declared, that whether the said teinds be sold or not, his majesty shall have his annuity forth of the same, according to the tenor of the act of annuity: And because sundry questions may arise both anent the valuation of teinds, and price of the same in divers parts of the country, and anent the securities to be made by the titulars to the heritors who buy their teinds, and by the heritors to the titulars of the price to be paid for the same where the teinds are coft, or for payment of the rate of teind where the same is not coft: And sicklike anent the provision of the kirks, with competent maintenance, and for division of the price of teinds betwixt the heritors and life-renters, and rectifying of valuations already led to the enorm hurt and prejudice of these, having interest. Therefore his majesty and Estates have referred, and refer the determination of the said particulars, and all others concerning the teinds to the Commissioners appointed by his majesty and Estates in this present Parliament. It is always declared, that this present act shall be no farther obligator against whatsoever Archbishops, Bishops, Parsons, Vicars, and other beneficed persons, being Ministers, nor their successors, but according to the provisions & conditions expressed in the submission, made by the Bishops to his majesty, which is of the date the day of 1628. years, and registrate in the books of commission of surrenders and teinds, upon the thirteenth day of July 1631 years: Which provisions and conditions are holden as expressed herein. And also it is declared, that the Vicarages of each kirk being a several benefice and title from the parsonage, shall be severally valued, to the effect the titulars or Ministers serving the cure, who have right to the said Vicarages, be not frustrate of the true worth of the said Vicarages. ACT XVIII. ANENT THE EXCHEQUER. OUR sovereign LORD, And Estates of this present Parliament, ratify and approve that head and clause of Parliament, made upon the twenty two day of May, 1584.: Whereby his Majesties umwhile Father, of eternal memory, with consent of the Estates, hath appointed and ordained, that all causes concerning his majesty's property, whether the same be suspensions, letters conform, breaking of arrestment, deforcement of Officers in the premises, or any thing depending thereupon, shall be discussed before his majesty's Exchequer in the Exchequer-house. And sicklike, his majesty with consent of the Estates, statutes and ordains, that the Lords of Exchequer appointed, or to be appointed by his majesty, shall have undoubted power, warrant, and authority, to sit, cognosce, and decide in all the foresaid causes concerning his majesty's property, and others depending thereupon: And also in all causes concerning his majesty's annuity forth of the teinds, and ordains them to sit at all convenient times for passing & discussing of suspensions, and for deciding of all other actions concerning the said property and annuity of teinds. And to direct letters of horning and poinding, and other execution necessary upon the decreets pronounced by them, of or concerning the premises, and the horning to pass upon a simple charge of ten days, upon this side of the water of Dee: And upon twenty days by north Dee alennerly, at the discretion of the said Lords of Exchequer. ACT XIX. COMMISSION FOR VALUATION OF Teinds not valued, rectifying the valuations of the same already made, and other particulars therein contained. FOR SO MUCH As our sovereign Lord, immediately after his happy attaining to the Crown of this his ancient and native kingdom, did out of his royal and Fatherly care to the public good thereof, give forth his royal declaration anent the reforming of the abuses used in leading of teinds, and for provision and maintenance of kirks and other pious uses forth of the said teinds. And also for restoring the crown, to the superiorities of whatsoever benefices and temporalities thereof erected in temporal livings, and against other prejudices and detriments done to the crown, mentioned in the said declaration. And albeit his majesty hath been still urging and following the performance of the particulars foresaid these five years by-gone, or thereabout, by commissions direct by his majesty under his great Seal, to that effect, wherein there hath been good progress made, yet the same could not take a full end without the authority of a Parliament; Like as his majesty out of his earnest and tender affection to the public good of this his native kingdom; And for advancing the said great and glorious works intended by his majesty, as said is, hath taken the pains to come hither in his royal person, where his majesty being present in solemn Parliament, with his three Estates of his said ancient kingdom: Have resolved and concluded upon the particular acts and statutes after following, tending to the public good, peace, ease, and comfort of his said kingdom and subjects thereof: Viz. His majesty and Estates foresaid have ratified the act of commission of surrenders & teinds, of the date at Holyrudehouse the twenty sixth day of June, 1627. years, whereby it is found meet and expedient, that the lowest proportion for maintenance of Ministers shall be eight chalders of victual, or eight hundreth marks proportionally, except such particular kirks occur, wherein there shall be a just, reasonable, and expedient cause to go beneath the foresaid quantity; And hath referred the consideration of the reasons and causes thereof to the commissioners to be chosen by his majesty, with consent of the Estates in manner contained in the said act. Like as also his majesty and Estates by another act and ordinance, hath statute, ordained, and declared that each heritor and life-renter of lands respective, shall have the leading and drawing of their own teinds, the same being first truly and lawfully valued, and they paying therefore the price after-specified, incase they be willing to buy the same, or otherwise, for the yearly payment of the rate of teinds after-specified. Like as his majesty and Estates have by the said act, found & declared, that the true and just rate of teind is, and shall be the fifth part of the constant rent, which ilk land pays in stock and teind where the same are valued jointly. And where the teinds are valued apart and severally, that the just rate thereof is and shall be such, as the same is already by virtue of the former general commission of surrenders and teinds proved and valued to, Or else shall be hereafter valued and proved before the Commissioners to be appointed by his majesty with consent of the Estates, deducing the fifth part thereof for the ease of the heritors: Reserving always liberty to such as shall find themselves enormely hurt by the leading of the said valuations, to pursue for rectifying of the same before the said Commissioners to be appointed by his majesty and Estates foresaid, like as his majesty and Estates have by the said Act found and declared, that the price of all teinds which may be sold and annalied, consisting either in money, victual, or other bodies of goods, is, and shall be ruled and estimate according to nine years' purchase. The prices of victual and other bodies of goods, whereof the teinds consist being redacted in money according to the worth and prices of victual and goods in ilk part of the country, To the which the same is and shall be prized and estimate by the said former Commissions of surrenders and teinds, or by the Commissioners to be appointed by his majesty, with consent of the Estates: And also have found and declared, that ilk heritor in the kingdom being willing to buy his own teind from the titulars, having power to sell the same, shall be obliged to buy the teynd of his own lands, except so much as shall be locally assigned to the Minister serving the Cure for his maintenance: And to pay the prices foresaid to the titulars betwixt and the particular times and diets expressed in the said Act. And also have found that the heritors shall be obliged to give to the life-r●nter of the lands, the leading of their own teinds for payment of the rate of teind of the same. And also have found, that in all cases where teinds are not coft, that the heritors or life-renters of lands who have the leading of their own teinds by themselves, their tenants, and others in their names, shall be obliged to pay to the titulars of the said teinds the yearly rate thereof, according to the order set down and prescribed by the former Commissions, or to be set down by the Commissioners to be appointed by his majesty, with consent of the Estates, deducing so much thereof as shall be assigned to the Ministers for their maintenance. And because sundry questions may arise anent the valuations of teinds and prices thereof, and anent the securities to be made by the titulars to the heritors who buy their teinds; and by the heritors to the titulars of the price to be paid for the same, when the teinds are coft, or for payment of the rate of teind where the same is not coft; And anent the provisions of the kirks, with competent maintenance, and other particulars mentioned in the said act. THEREFORE His majesty and Estates, by the said act did refer the determination thereof to the Commissioners to be appointed by his majesty and Estates, With these declarations always, that his majesty shall have his annuity paid forth of the teinds according to the tenor of the said act of annuity; And that the Archbishops, Bishops, Parsons, Vicars, and other beneficed persons being Ministers, and their successors, should be no farther obliged in any of the premises, But according to the provisions and conditions expressed in the submission made by the Bishops to his majesty, which is of the date the day of 1628. years. And registrate in the said books of surrenders and teinds, upon the thirteenth of July, 1631 years. And that the Vicarages of ilk kirk being a several benefice and title, should be severally valued, to the effect the titulars and Ministers serving the Cure, who have right to the said Vicarages, should not be frustrate of the true worth of the said Vicarages. and sicklike, His majesty and Estates by another Act have found and declared, that his majesty and his Successors have and shall have undoubted right to the superiorities of whatsomever erections, fewmails, fee-farms, and other casualties thereof, Reserving to such Lords and titulars of erection who subscribed the general surrender, the fewamails, and few-ferwes of their said superiorities, ay and while they receive payment and satisfaction of the sum of one thousand marks usual money of Scotland, for ilk chal●er of fee-farm victual; and for ilk hundred marks of fewmails, and for ilk hundred marks of all other constant rent of the said superiorities, not consisting in victual or money; and not being naked service of vessals, according to the tenor of his majesty's general determination; and conform to the conditions therein contained, as in the said three acts of this present Parliament at more length is expressed. AND Forasmuch as it is necessary for determination of the particulars foresaid, and of all such other points which are fit and expedient for the finishing and full perfection of the said glorious work, anent the teinds, maintenance of Ministers and others foresaid, That a commission be granted by his majesty, with consent of the Estates, and by authority of this present Parliament: THEREFORE His majesty, with consent of the said Estates, hath granted, and by these presents granted full power and commission to the persons after following: To wit, Nine of the clergy, nine of the nobility, nine of the small Barons, and nine of the Burgesses; Together with my Lord chancellor, and eight officers of Estate, viz. George Earl of Kinnowll chancellor; William Earl of Morton Thesaurer; John Archbishop of Saint Andros; Thomas Earl of Handingtown, Lord privy seal; Patrick Archbishop of Glasgow, William Earl of Martial, George Earl of Wintown, John Earl of Perth, John Earl of Kinghorne, William Earl of Drumfreis, William Earl of Sterling Secretary, David Earl of Southask, John Earl of Traquar Thesaurer Depute, John Earl of Weymes, Archibald Lord Napier, George Lord Corstorpheine. Alexander Bishop of Dunkell, John Bishop of Murray, John Bishop of Rose, Adam Bishop of Dunblane, David Bishop of Brichen, Andro Bishop of Argyle, George Bishop of Orknay, Sir John Hay Clerk of Register, Sir Thomas Hope Advocate, Sir George Elphingston justice Clerk, Sir James Galloway Master of Requests, Sir Robert Spotswood, Sir James Learmouth, Sir James Lokhart younger of Ley, Sir John Charters, Sir Robert Grier, John Boyll of Kelburne, Sir William Douglas of Cavers, The Laird of Inchmartein, the Laird of Lugtown, John Sinklar, John, Maknacht, Archibald Tod, Edward Edger, Master Alexander Guthrie. Gabriel Cunighame, Robert Tailyor, William Mickle-john, and Master Robert Cuninghame; or any fifteen of them, there being three of every Estate, with three of his majesty's officers of Estate, Of which number of fifteen, the Lords chancellor, The saurer, and privy seal, Archbishops of Saint-Andrews or Glasgow, Earl Martial, and Earl of Wintown, or any one of them shall be one, to meet and convene at Holyrudehouse, or Edinburgh at such times and places as they shall think fit; And there to prosecute and follow forth the valuation of whatsoever teinds, personage or vicarage within the kingdom, which are as yet unvalued. And also to receive the report from the Subcommissioners, appointed within ilk presbytery, of the valuations of whatsoever teinds, led and deduced before them according to the tenor of the subcommissions direct to that effect. And to allow or dissallow the same, according as the same shall he found agreeable or disagreeable from the tenor of their subcommissions. And also with power to rectify whatsoever valuations, led or to be led, to the enorm prejudice of the titulars, and to the hurt and detriment or the kirk, and prejudice of the Ministers maintenance and provisions, or of his majesty's annuity. and for the better expeding and advancing of the said valuations, with power to appoint Committees or Subcommittees of their own number, To receive the reports of the said valuations made or to be made; And to receive, admit and examine witnesses, and to take parties oaths, with their depositions, where the same is referred to oath; And to give such farther power to the said Committees or Subcommittees of their own number, as they shall think fit for the good of the work, and speedy finishing of the same, And sicklike, with power to them if need be, to appoint Subcommissioners, not being of their own number within any parochin or presbytery of the country, for leading and deducing of the said valuations, and to receive the reports thereof, allow or disallow of the same: And generally with power to them, to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations rectifying thereof or final closing of the same. And sicklike, with power to the said Commissioners, or any fifteen of them, as said is, there being three of ilk Estate, with any one of the persons of the quorum above-specified, after the closing and allowance of the valuations of ilk kirk and Parochin, To appoint, modify, and set down a constant and local stipend and maintenance to ilk Minister, to be paid out of the teinds of ilk parochin, according to the tenor of the acts above-specified. Referring like as his majesty referes, with consent of the said Estates, to the said commissioners, the trial of the reasons and causes which may move the said Commissioners to go beneath the quantity of eight chalders of victual, or of eight hundred marks of money proportionally, in manner contained in the said act. And sicklike, with power to the said Commissioners, to divide ample and spacious parochines, where the same shall found necessary and expedient, or to unite divers Kirks in whole or in part to others; And to ratify and allow after trial and consideration such union or dismembering of Parochines, as hath been formerly made by virtue of the former Commissions. And sicklike with power to them, to appoint and prvoide for such other pious uses in each parochin, as the estate thereof may bear. And sicklike, with power to the said Commissioners, as said is, to take order that every heritor and life-renter of lands, shall have the leading of their own teinds, parsonages and vicarages thereof, 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 expressed in the foresaid act; and to that effect, with power to the said commissioners to set down the prices of sellable teinds, according to the worth thereof in each part of the country, where the same grow and are bred; and also with power to them to set down such good and ample securities, as may stand by law, both for the buyers of teinds, to the effect the titulars may be fully denuded in their favour: And also for security to the titulars and sellers of the price due to be paid to them for the said teinds And also to set down the security in favour of the titulars and of the Ministers, so far as concerns the maintenance assigned to them for good, thankful, and timous payment of the rate of teind, where the same are not, or cannot be sold. And sicklike with power to the said commissioners, to discuss 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 heritable or temporal, and to proportionate the price accordingly; and also to divide the price of teinds betwixt heritors and life-renters thereof; and betwixt titulars, taxmen, and others who have several and distinct rights to the said teinds sellable, according to the quality of their rights: And also with power to them, to cause the titulars who sell their said teinds, to exhibit their rights and titles, to the effect that they may be lawfully denuded thereof, in favour of the said heritors and life-renters respective, without prejudice always to his majesty's annuity, to be paid forth of the said teinds by the said titulars of teinds, or heritors, or life-renters of lands, according to the tenor of the said act of annuity; And generally with power to the said commissioners, to decide and determine in all other points, which may concern the leading and drawing of teinds, the selling and buying of the same, or payment of the rate thereof, contained in the acts of Parliament above-specified, or set down in his majesty's general determination; with this provision and declaration always, that the Archbishops, Bishops, Parsons, Vicars, and other beneficed persons, being Ministers, and their successors, shall be no farther bound but according to the provisions and conditions expressed in the submission made by the Bishops to his majesty, which is of the date the day of 1628. years, and registrate in the books of commission of surrenders and teinds, upon the thirteenth day of July 1631: Which provisions and conditions are holden as expressed herein; And also with this provision, that the Vicarages of each kirk being a several benefice and title from the Parsonage, shall be severally valued, to the effect the titulars or Ministers serving the cure, who have right to the said Vicarages, be not frustrate of the true worth of the said Vicarages; And sicklike, because by the act above-specified, made anent superiorities of erections in favour of his majesty, there is special reservation made to such titulars and Lords of erection, as have subscribed the general surrender of the fewmails, fee-farms, and other constant rent of the said superiorities, aye and while they be paid of the price thereof contained in his majesty's general determination, and according to the provisions specified therein. Therefore his majesty and Estates give full power to the said commissioners or any fifteen of them, as said is, to call and convene before them the Lords of erection, and others having right to the said fewmails and fee-farms, & other constant rent of the superiorities of kirk lands, at such particular diets as they shall appoint, and to urge the said Lords of erection and others foresaid, to give up their rentals of their said fewmails, fee-farms, and other constant rent foresaid of their said superiorities, conform to his majesty's decrete and determination, given out there-anent; And with certification as is therein contained; and to liquidat the other constant rent of the said superiorities, not consisting in victual or silver: to the effect after the full trial of the said rental and liquidation thereof, the said Lords of erection may receive the price of a thousand marks for each chalders of fee-farms, and for each hundreth marks of the other constant rent, being redacted in money in whole or in part proportionally, from his majesty's Thesaurers, principal, or depute, and incase of the absence and refusal of the said's titulars and Lords of erection, that the same may be consigned in the hands of the clerk to the said commissioners, to remain consigned for their behoove; after the which consignation, it shall be lawful to his majesty's Thesaurers, principal or depute, to uplift, receive, and intromet with the said fewmails, fee-farms, and other constant rent foresaid, of all years and terms after the said consignation, according to the tenor of the said general determination; And also with power to the said commissioners as said is, to discuss and determine all questions that may arise betwixt the said Lords of erection and the heritors of the ground, pensioners, life-renters, & others pretending right to the said fewmails, and fee-farms, and to divide the price amongst them, according to the quality of their rights, & all other questions anent the fewmails, fee-farms, and other constant rent foresaid: Which by his majesty's general determination is referred to the determination of the commissioners to be appointed to that effect; 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, sickness, or some other notour and known impediments; Therefore his majesty reserves to himself the nomination of such other persons in their places, as his Majesty shall think fit, whom his majesty by his letters shall recommend to the said commissioners, to the intent they may receive and admit them upon the said commission, and take their oaths for faithful discharge of the same. And his majesty and Estates ordain this present commission to endure unto the last day of December in the year of God, 1635 years: and farther enduring his majesty's pleasure, and aye and while the same be expressly discharged by his majesty's warrant, or letter to that effect. And his majesty with consent of the Estates foresaid, finds, declares, and ordains the acts, decreets, and ordinances of the commissioners foresaid, and of the other persons, who shall be surrogate in their places by his majesty in manner foresaid, in the whole particulars above-specified, and every one of them; to have the strength, force, and authority of a decrete, sentence, and act of Parliament, and ordains the Lords of Session to grant and direct letters of horning, poinding, and others thereupon, upon a simple charge of ten days, or otherwise as shall be found necessary. Attour for clearing of all doubts & difficulties which may arise anent the rectifying of valuations, or other particular heads following: His majesty and Estates have declared and declare, that where valuations are lawfully led against all parties having interest, and allowed by the former commissioners, according to the order observed by them, that the same shall not be drawn in question nor rectified upon pretence of enorm lesion, at the instance of the Minister, not being titular, or at the instance of his majesty's advocate, for and in respect of his majesty's annuity, except it be proved that collusion was used betwixt the titular and heritor, or betwixt the procurator fiscal and the titulars, and heritors, which collusion is declared to be where the valuation is led, with diminution of the third of the just rent presently paid, and which diminution shall be proved by the party's oaths. And sick like it is declared, that the provisions contained in the foresaid submission made by the Bishops, whereof mention is made in the foresaid act of tithes, and which is respected in this commission, shall be restricted to that whereof Archbishops, Bishops, Parsons, Vicars, or other beneficed persons being Ministers, colleges, Hospitals, and other dotations to pious uses were in actual and real possession the time of the said submission, which shall remain with them in quantity & quality, according to the tenor of the said provision: And if any question shall arise betwixt the said Archbishops, Bishops, Parsons, Vicars, and other beneficed persons foresaid anent the leading of teinds, that the same shall be referred to his sacred majesty, and to his royal pleasure to be signified thereanent. And also anent laic patronages pertaining to any his majesty's subjects, before the year of God, 1561 years: His majesty and Estates declare that the same falls within the compass of the general submission made to his majesty. And his majesty's determination given thereupon, and that alennarly in so far as concerns a competent maintenance, to be locally paid forth of each Church, to the Minister and his successors; And anent the teinds of other men's lands; And anent the annuity to be paid to his majesty forth of the teinds of the said church: And as to the remanent teinds the same to pertain to laic patrons in price or rate thereof in all cases, where the foresaid laic patrons were in possession of the teinds thereof, by the space of seven years within the fifteen years immediately preceding the date of the said general submission: With this declaration, that where the titulars or Ministers provided to the said laic patronages and kirks thereof, were in possession of the benefices foresaid, and fruits and rents thereof, either by leading of the teinds, or by up-lifting and intrometting with the whole rents thereof, by the space of seven years of fifteen years immediately preceding the said submission; in these cases, the difference betwixt the said laic Patrons, and the Titulars, and Ministers, shall be referred to his sacred majesty, and to his royal declaration to be given there-anent, and ordains all former commissions anent the premises, to cease in time coming, and this only to stand in force in time to come. ACT XX. ANENT THE KING HIS DESIGNATION OF The Names to be insert in the Commissions anent the Tithes and laws. OUR sovereign LORD, And Estates of Parliament, considering that the Designation of the particular persons necessary to be engrossed in the two several commissions granted in this present Parliament; the one anent the teinds; and the other anent the survey of the Laws which was by the said Estates referred to his sacred majesty. THEREFORE the said Estates appoint and ordain the clerk of his highness' Register to insert in the said two several commissions such particular persons names as his majesty by his warrant, signed with his hand, shall appoint and ordain to be insert thereunto. For doing whereof declares this present act to be als' sufficient a warrant to the clerk of Register, as if the said commissioners names had been now presently insert in the said two several commissions by his majesty and estates of Parliament. ACT XXI. ANENT THE ANWELL OF EIGHT TO BE Taken of ilk hundred in time to come alennerly, suspending the same for three years, and in the interim two of ten to be paid for the said space to his majesty. IN THE PARLIAMENT Holden at Edin burgh, upon the twenty eight day of June, the year of God 1633 For so much as his majesty's Lieges and good Subjects are heavily oppressed and burdened with exorbitant annual-rents, and interest taken for the use of money, far exceeding the rate and proportion taken in England, France, and other neighbour countries: THEREFORE His majesty, with advice of the Estates, statutes and ordains, that notwithstanding of any former Act of Parliament, allowing ten pounds to be taken for each hundreth pounds in a year: yet that no person after the date hereof take more than eight pounds for the use of the hundreth pounds in a year, and so proportionally in lesser or greater sums, under the pains contained in the former Acts of Parliament made against usurers. AND forsomuch as his majesty, out of his gracious goodness, with consent of the Estates, hath reduced the interest and profit of money from ten of the hundred to eight, conform to this present Act. Therefore the Estates of Parliament presently convened, being sensible of the great good ensuing thereby, to this whole kingdom in all times to come; make a voluntary and humble offer to his majesty, that of the said ten paid by borrowers for each hundreth, during the space of three years' next ensuing: two shall be paid to his majesty, during the said space (by and attour the twentieth penny presently paid to his majesty in this present running taxation) and that for the terms of Martinmasse next, 1633 years, and Whitsunday 1634 years. And by and attour the sixteenth penny of the extraordinary Taxation now presently granted to his majesty in this Parliament, to begin at Martinmas 1634 years. And hereby it is declared, that those who formerly borrowed moneys for eight of the hundred, shall be free of payment of the said two of ten, for such and the same quantities as they have formerly borrowed, and are presently adebted by them, for payment of eight of the hundred allenerly: and those who formerly borrowed for nine of the hundred, and are presently owing by them, shall be only liable to pay one to his majesty of nine, during the said space, for such and the same quantity of sums, as were formerly borrowed at nine for the hundred. And it is further declared, that those who never borrowed moneys before the date of this Act, and shall happen to borrow any sums of money hereafter (they being equally participant of the benefit of the said Act, and his majesty's gracious favour thereby extended to them with his other Subjects) shall be subject in payment of the said proportion of two of ten, during the space of three years, as said is: And ordains the lenners to pay the same yearly and termly, during the said space of three years, together and in one sum, with the twentieth penny of this present running extraordinary taxation, for the said term of Martinmasse next, 1633 years, and Whitsunday 1634 years. and together and in one sum with the sixteenth penny granted in this present Parliament, for the terms of Martinmasse, 1634. Whitsunday and Martinmasse, 1635. & Whitsunday, 1636. beginning the first terms payment of the said two of ten, at Martinmasse next, and so termly thereafter, during the said space of three years and six terms. And the said Estates have agreed all in one voice to suspend, like as by these presents they suspend the execution of the said act, for the space of three years, after the date hereof: and by these presents declare that it shall be lawful (notwithstanding of the said act) to all subjects within this realm, to take ten marks for each hundred marks of their lent moneys, put out, or to be put out upon annual-rent, conform to the preceding acts of Parliament, during the said space of three years' next after the date hereof. And for inbringing of the said taxation of two marks of ten, ordain letters to be direct in the same form and manner as is direct for collecting the foresaid extraordinary taxations of the twentieth and sixteenth penny. And the same to be paid together, and in one sum to his majesty's Collector general, to be appointed, or to his Doputes in his name, having his power to receive the same. ACT XXII. ANENT THE LORDS OF SESSION, THEIR Taxation of ten shillings to be imposed upon every pound land of old extent. IN THE PARLIAMENT Holden at Edinburgh upon the twenty eighth of June, the year of God, 1633 OUR sovereign Lord the King's sacred Majesty and Estates of Parliament presently convened: remembering that at the first institution of the college of Justice, and divers times thereafter in the Parliaments ratifying the same, his majesty's royal Antecessors, and Estates of the realm then assembled, found the erection of that honourable consistory (which is a biding monument of the glory of their reigns) not only to be most useful for royal service, but also necessary and profitable for the peace of the kingdom, and to the seen good and comfort of all the subjects. And considering that the provision allowed of before to the Lords of Session, was no ways sufficient for defraying of their charges, and that through their continual attendance, their private affairs are neglected, and great losses thereby sustained by them. THEREFORE, and to the effect the said Senators, and Lords of Session present and to come, may be more encouraged to go on, and to persist as they do in their zeal and affections to his majesty's service, and in faithful ministration of Justice, to the general weal of the realm, and all the Lieges: The said Estates with the special approbation, and gracious good liking of the King's sacred majesty, have most freely condescended, statute, & enacted, that a taxation be presently imposed upon their lands and means, which with his majesty's consent foresaid, they ordain to be collected & paid to the effect, in manner, and at the terms following, That is to say, The Duke, Marquesses, Earls, Viscounts, Lords, and Commissioners of Shires for the temporal Estate, have granted that there shall be up-lifted of every pound land of old extent within this kingdom, pertaining to Dukes, Marquesses, Viscounts, Lords, Barons, and freeholders, and feuars of his majesty's proper lands, the sum of ten shillings money, at every one of the four terms following, viz. The sum often shillings money at the feast and term of Martinmasse next to come, in this instant year of God, 1633 years: the sum of other ten shillings money, at the feast and term of Martinmasse, 1634 years the sum of other ten shillings money, at the feast and term of Martinmasse, 1635 years: and the sum of other ten shillings money, at the feast and term of Martinmasse, 1636 years. And the Archbishops, and Bishops for the spiritual Estate have granted that there shall be up-lifted of all archbishoprics, bishoprics, Abbacies, priories, and other inferior Benefices, within this kingdom, at every one of the four terms above-specified, the just taxation thereof, as they have been accustomed to be taxed in all time by-gone, whensoever the temporal lands of this kingdom were stented to ten shillings the pound land of old extent: And the same taxation to be paid at every one of the four terms above-specified. And the Commissioners of Burrowes for their Estate have granted, that there shall be up-lifted of all the Burrowes within this kingdom, at every one of the four terms above-written, the just taxation thereof, as they have been accustomed to be taxed unto in all time by-gone, whensoever the temporal lands of this kingdom were stented to ten shillings the pound land of old extent: And the said taxation to be paid at every one of the said four terms above-written. And in regard that his majesty hath erected sundry Prelacies in temporal Lordships, whereby the owners thereof may claim to be taxed with the Barons of the temporal Estate, whereby the said Lords of the Session would be defrauded of a great part of the said taxation, destinate and appointed as said is. Therefore the said Estates ordain that all erections of Prelacies, and other small benefices, in whole or in part, in temporal Lordships, shall in payment of the said taxation, pay to the collectors thereof, so much of the said taxation; (pro rata) as if they were no ways erected, and as they were subject to do before the erection of the same. And sick like, it is statute & ordained that all dissolved benefices within this kingdom in whole or in part, shall be subject in payment of so much of the same taxation (pro rata) as they would have been subject to pay, though the same had not been dissolved. And that the parties who have gotten any part or portion of any Prelacies, or other inferior benefices dissolved, and new securities made unto them by his majesty, of that part and portion thereof so dissolved, shall be subject in payment of the taxation thereof to the Prelate, or other beneficed person for his relief of the same taxation, as they would have been, so the same had not been dissolved, notwithstanding of any condition contained in the Infeftments and securities made by his Majesty to them in the contrary thereof. And farther, the said Estates annull and discharge all privileges and immunities whatsoever, whereby any persons may think themselves free of payment of this present taxation: the privileges granted to the ordinary Lords and Senators of the college of Justice; and the taxation of the benefices given, disponed, and mortified for entertainment of the Universities, colleges, and hospitals within this kingdom, only excepted. Attour, our said sovereign Lord, and Estates foresaid, have given and granted, and by these presents give and grant full power and authority to the said Lords of Session, to nominate, appoint, and elect their own Collectors, one or more, as they shall think most expedient for up-lifting of the foresaid taxation, to the effect foresaid. Which sums of money, after they shall be in-gathered, as is before appointed; Our sovereign Lord, and the Estates foresaid destinate and ordain to be mortified by employment upon land heritably, or for annual-rent, or other sufficient security, as may conveniently be found, for the use and benefit of the said ordinary Lords of Session, present, and to come: To the effect, that the yearly profit and annual of the said lands or moneys, (as the same shall happen to be employed) may be received by them and their successors in their said offices, yearly and termely, after the terms of payment of the same, and applied to their behoove, in manner, and conform to the consuetude of the division of the yearly duty, presently allowed and received by them: and that by and attour the present provision and rents allotted to them by Parliaments heretofore. And to that effect, the said ordinary Lords of Session, shall with all convenient diligence make, subscribe, and deliver to his majesty's Thesaurer principal & deputy, a sufficient and valide security by band or contract, made by the sight and advice of his majesty's Advocate, for employing of the said taxation, and whole benefit thereof, in whole or in part, as the same shall be up-lifted to the use and effect above-specified. And ordain the particular form and manner of up-lifting and in-gathering of the said taxation, and relief of the prelates, Lord of erections, and other beneficed persons, to be conform to his majesty's own taxation, granted in this present Parliament in all points, except in so far as concerneth the particular day to be appointed to the Vassals, for convening with the prelates, Lords of erections, and other beneficed persons, for appointing and setting down of their due and right proportions of the said taxations, which they ordain to be upon the seventeenth day of September next to come, which is declared to be the precise day of meeting, to the effect foresaid; And that no farther citation, nor summoning shall be requisite to that effect, than the publication and proclamation of this present Act, at the market Crosses of the head Burrowes of this realm, and holdeth the whole remnant clauses, and provisions of the Act of relief of his majesty's taxations, as here repeated. And ordains letters to be direct hereupon. ACT XXIII. RATIFICATION OF THE LIBERTIES Of the college of Justice. OUR sovereign LORD, With advice and consent of the Estates of Parliament, ratifies, approves, and confirms all Acts of Parliament, gifts, grants, & donations whatsoever, of all privileges, freedoms, and immunities, made, given, granted, or conceived in favour of the senators of the college of Justice, by any of his majesty's royal Predecessors, or in any Parlialiament holden by them, dispensing always with the generality hereof; And holding this general ratification as sufficient, as if the whole privileges, freedoms, and immunities, Acts, and grants thereof were specially and at length insert hereintill. ACT XXIIII. RATIFICATION OF THE privileges Of the free royal Burrowes. OUR sovereign LORD, And Estates of this present Parliament, Have ratified and approved, and by the tenor hereof ratify and approve of new, all acts and constitutions of Parliament made by his majesty's predecessors, in favour of the free burrows of this realm, and Burgesses and inhabitants within the same, with all privileges, freedoms, liberties and immunities granted and given to the whole burrows in general in any time by past, by any of our sovereign Lord, his majesty's noble Progenitors, with all that hath followed or may follow thereupon. And decernes and declares the same to have full strength, force and effect in all times hereafter; so that the same may be put to full and due execution in all points. And specially, without prejudice of the generality above-written, His majesty and Estates ratify the Act of Parliament made by his highness' Grandfather, umwhile King James the third 1466. His second Parliament, Cap. 11: Ordaining that none sail nor pass in Merchandise out of the realm but Freemen, Burgesses dwelling within Burgh, or their familiar factors, servants being with them in household at meat and drink (excepting and reserving to the Prelates, Lords, Barons and Clerks, as in the said act is contained: and all other exceptions contained in any act of Parliament in force, preceding the day and date hereof) And siclike the Act of Parliament made by King James the fourth of worthy memory, in the Parliament holden at Edinburgh the eleventh day of March, 1503 years, Cap. 84. Ordaining that no person dwelling out of Burrowes, use any merchandise, nor yet buy nor sell wine, wax, silks, spicery, wad, nor siclike stuff, nor yet staple goods: And that none pack nor pill in Leith, nor other places without the King's burrows, under the pain of escheat of the goods that be topped, sold packed, or peeled, contrary to that statute. And siclike the 152 Act of umwhile King James the sixth His 12. Parliament: Ordaining that no person exercise the traffic of Merchandise, but Burgesses of free burrows, under pain of escheat of their whole goods and gear, the one half to his majesty, and the other half to the burgh apprehender. And giving power to every burgh by themselves or a collector, or commissioner depute by them to search the said unfree men's goods, intromet therewith as escheat, either within the Country, or any other part to arrest, call, follow and pursue before unsuspect Bailiffs to be create by them. As also the Sixth Act of King JAMES the Sixth, His ninth Parliament. Ordaining letters of horning to be direct against unfree men, not being burgesses of the free royal Burrowes, to find caution for desisting from usurping of their liberties, in all the heads, clauses, articles and circumstances thereof, Like as his majesty and Estates declare, that the said liberties and privileges, mentioned in the said Acts are only proper and competent to the free Burrowes royal, that have vote in Parliament, and bear burden with the rest of the burrows, and to no others. Prohibiting and discharging all persons who are not burgesses of the said free royal Burrowes, and bear not burden with the rest, Of all using and exercising of the liberties and privileges foresaid, in all time coming. And ordain, that letters of horning may be direct by the Lords of council at the instance of all burrows upon the foresaid privileges and former Acts of Parliament made thereupon: And this present Act in all times to come, for putting of the same to due execution with all rigour against them that do, or come in the contrary of the Acts and privileges foresaid, without calling of any party. ACT XXV. RATIFICATION OF THE ACTS MADE In favour of the Justices of peace, and their Constables; and Commission to the Lords of Secret council thereanent. OUR sovereign LORD, And Estates of Parliament, ratify, approve, and confirm the eighth Act of the twenty two Parliament, holden by King James the Sixth of eternal memory, Intitulate, Anent the Justices for keeping of the King's peace, and their Constables. In the whole heads, articles and clauses therein contained, admitting the generality hereof to be als' valid and sufficient, as if the same were all herein per expressum engrossed. Attour his majesty, and Estates foresaid, give full power, authority and commission to the Lords of his majesty's privy council, to set down and impose penalties upon such of the Justices of peace as shall not keep and observe the diets prefixed for their several and particular meetings. And with power likewise to the said Lords of privy council to enlarge and amplify the power and authority of the said Justices of peace, if they shall find it necessary and expedient; and what they shall decrete and determine thereanent, find and declare that the same shall have the force, strength and power of an act of Parliament. ACT XXVI. EXPLANATION OF THE ACTS OF PARliament made in favour of the Lords of session, anent twelve pennies of the pound to be paid in decreets, to be given by the said Lords hereafter. OUR sovereign LORD, And Estates of Parliament, for explanation of the former acts of Parliament, made in favour of the Lords of session, anent twelve pennies of the pound: Statute and ordain, that whensoever the said Lords shall decern & ordain 12 pennies of the pound to be paid in any decrete or sentence to be given or pronounced by them at any time hereafter; The same shall no ways be paid by the parties, purchasers and obtainers of the said decreets and sentences, but by these parties alennerly, against whom the said decreets and sentences shall happen to be obtained and purchased: And the booking and extracting of the sentences shall not be stayed for the not payment making of the twelve pennies of the pound, by the purchasers and obtainers of the said decreets. ACT XXVII. ANENT PARDON OF penal STATUTES. OUR sovereign LORD, Considering that the precise and rigorous exaction of the pains arbitrary and pecunial, adjected to penal statutes heretofore made, would prove a burden to his majesty's lieges heavy and insupportable, if by his majesty's grace and favour they should not be eased and liberate of the same: In consideration whereof his majesty in this his first Parliament, holden in this his ancient and native kingdom, being willing to give ease and relief to his subjects of the foresaid burden: 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 remits all contraveeners of any of the said penal statutes for all deeds done by them contrary to the tenor of the same statutes in time by-gone. Except only the statutes concerning wearing and bearing of hagbuts and pistols, Taking of unlawful usury, Transporting of money and gold, Slaying of red and black fish, with the penalties incurred by the concealers of annual-rents, and wrongous up-givers of the inventars of their moneys. Which are no ways discharged by this present act, nor comprehended under the same. ACT XXVIII. RATIFICATION IN FAVOUR OF THE Viscount of Sterling, of the infeftments and signature granted to him of the Dominions of new Scotland and Canada in America, and privileges therein contained, and of the dignity and order of Knight Baronets, and Act of Convention of Estates made thereanent. OUR sovereign LORD, And Estates of this present Parliament, ratify and approve all letters Patents, and Infeftments granted by King James the Sixth of blessed memory, or by our said sovereign Lord, unto William Viscount of Sterling, and to his heirs and assigns of the Territories and Dominions of new Scotland and Canada in America; and especially the Patent, Charter, and Infeftment granted by his Majesties umwhile dearest Father of worthy memory, of new Scotland, of the date the tenth day of September, the year of God 1621. Item, another charter of the same, granted by his majesty, under the great seal, of the the date the twelfth day of July, 1625 years. Item, another Charter and infeftment granted by his my of the country and Dominion of new Scotland under the great seal, of the date the third day of May, 1627. years. Item, another Charter and Infeftment granted by his majesty under the great seal, of the River and gulf of Canada, bounds, and privileges thereof, mentioned in the said Patent, of the date the second day of February, 1628. years. Item, a Signature past under his majesty's hand of the said country and Dominion, which is to be with all diligence exped through the seals, of the date at Whitehall the twenty fourth day of April, 1633 years. With all liberties, privileges, honours, jurisdictions and dignities respective therein mentioned. Together also with all execution, precepts, instruments of seasings, and seasings following, or that shall happen to follow thereupon. And also ratifies and approves the Act of general Convention of Estates; at Holyrudehouse, the sixth day of July, the year of God 1630. Whereby the said Estates have ratified & approved the dignities & order of knight Baronet; With all the Acts of secret counsel, and Proclamations following thereupon, made for maintaining of the said dignity, place and precedency thereof. And his majesty and Estates foresaid, will, statute, and ordain, that the said letters Patents, Charters, and Infeftments; and the said dignity, title, and order of baronets', and all letters patents and infeftments of Lands, and dignities granted therewith, to any person whatsoever, shall stand and continue in full force; with all liberties, privileges and precedencies thereof, according to the tenor of the same. And in als' ample manner as if the bodies of the said letters patents, infeftments, & signature above mentioned were herein particularly engrossed and expressed. And ordain intimation to be made hereof by open proclamation to all his majesty's Lieges, at the market cross of Edinburgh, and other places needful, that none pretend ignorance hereof. ACT XXIX. IN FAVOUR OF THE Earl OF Mortoun, and the Lord Dalkeith his son; Anent the Loch of Levin, and preservation of the fishings thereof. OUR sovereign LORD, And Estates of this present Parliament, considering that the Loch of Loch-Levin pertains heritably in property to his majesty's right trusty Cousin and Counsellor William Earl of Mortoun, Lord great Thesaurer of this realm, and Robert Lord Dalkeith his son; and that the said Loch is well plenished and furnished with pikes, Perches, and Trouts of divers kinds; And that when the fish ascend forth of the said Loch, to the waters, burns, and stripes that fall in the same to spawn therein, There is great slaughter & destruction of them committed by the country people about, whereby the said Loch & fishing thereof is not of such worth to the heritors of the said Loch, nor to the country about, as it would be if the said fishes were not slain in the said waters, burns, & stripes. For remedy whereof, his majesty, with advice & consent of the Estates of this present Parliament, statutes & ordains that none of his majesty's Lieges slay any Pyks, Perches, Trouts, or any other fishes in the waters, stripes, or burns, that fall in the said Loch, or run forth thereof, within the space of five miles to the said Loch, under the pain of twenty pounds usual money of this realm, to be paid by each contraveener; toties quoties for each contravention: and ordains the said whole pains and unlaws of contravention to appertain to the said Earl of Mortoun, & his said Son, their heirs and successors; And by these presents gives and grants power and commission to them and their bailiffs and Deputes, to call before them within the town of Kinroscher, all persons suspect of slaying of the said fish within the said burns, waters, Loch, or stripes, within the said space of five miles to the said Loch; And as they shall be found guilty or innocent of slaying thereof, to assoilyie them, or unlaw them in the unlaws foresaid; And to decern and ordain the persons convict to pay the same unlaws to the proctor fiscal to be appointed for that effect, by the said Earl of Mortoun, his said son, or their foresaids; And ordains letters of horning upon a simple charge of six days, poinding, and other letters and executorials requisite to be direct for payment to the said proctor fiscal of the said unlaws; And ordains publication to be made hereof, in form as effeiris. ACT XXX. ANENT THE CLAN-GREGOUR. OUR sovereign LORD, And three Estates of this present Parliament, understanding that albeit by the great care of his highness umwhile dearest Father of eternal memory, the Clan-Gregor was suppressed and reduced to quietness; yet of late, they are broken forth again to the heavy oppression of many of his majesty's good subjects, who dwell near to the part where they resort, & specially in the Sherifdome of Perth, Sterling, Clackmannan, Monteith, Lennox, Angus, and Mernes. Therefore, for the timous preventing of the disorder and oppression that may fall out by the said name & Clan of Mac-Gregour, and their followers, and for farther suppressing of them; ratify and approve all Acts of council and Acts of Parliament, made and granted heretofore, against the said wicked and rebellious Clan of Mac-Gregour. And farther, his majesty and Estates of Parliament statute and ordain, that the said name of Clan-Gregour and every one of them, as they come to the age of sixteen years, shall thereafter yearly give their compearance before the Lords of privy council, upon the twenty fourth day of July, if it be a lawful council day; & failing thereof the next council day thereafter, & there find caution for their good behaviour & obedience in all time coming; And take to them some other surname conform to the acts of council already made there-anent; And if they fail in not compearance as said is, and go to the horn, that then it shall be lawful to any of his majesty's Lieges, to take and apprehend them, and present them to the sheriff of the Shire, or his deputes, or to the Stewarts of the Stewartry, or their deputes, to the effect they may be presented before the Lords of privy council, there to be taken order with as effeiris. And if it shall happen any of his highness' good Subjects in taking any of the said Clan-Gregour, being put to the horn as said is, to hurt, mutilate or slay any of them, the party who shall happen so to do, & their complices, shall no ways be subject nor liable to law therefore, nor incur any pain or scathe in body or goods, and shall be free of all pursuit criminal or civil to be intended against them, at the instance of his highness' Advocate, or any other party; But the same shall be holden and repute as good service done to his majesty. And farther, our said sovereign LORD, and Estates foresaid, for the better extinguishing and extirpating of the said wicked and lawless Limmers; Statute and ordain that no Minister nor Preachers within the bounds of the highlands or next bordering countries thereto, Banffe, Innernes, or regality of spiny, or Elgin, Forres, shall at any time hereafter baptize and christian any male child with the name of Gregour, under the pain of deprivation, and that no clerk or Notar in any time coming, shall make or subscribe any band or other security under the name of Gregour, or Mac-Gregour, under the pain of deprivation. And siclike, statute and ordain that all and whatsoever of the said Clan-Gregour that shall happen to be within the said kingdom upon the fifteenth day of March next to come, shall give their compearance before the Lords of privy council at Edinburgh, or where it shall happen them to be for the time, or the next council day thereafter; To the effect that such of them as have already found caution, and whose cautioners are dead, may find new caution for their good behaviour in time coming. And such of them who have never found caution, may find caution and surety for their obedience in time coming, with certification to them if they do not compeare, and that the Lords of privy council, for their disobedience, shall direct letters of horning against them, or any of them, and that they therefore be put to the horn; that then it shall be lawful to any of his majesty's good Subjects, to take and apprehend them, where ever they may be had, and put them to the next sheriff, Stewart, bailiff of regality, or their deputes; To any of the Justices of peace, or to the Provest and bailiffs of Burrowes, to the effect they may present them before the Lords of his majesty's privy council, that such order may be taken with the said rebels, as the said Lords shall think expedient. And farther, our said sovereign Lord declares, that if any of his highness' good subjects shall happen in intaking of the said rebels, to hurt, mutilate or slay any of them, the party who shall happen so to do, and their complices, shall no ways be subject nor liable to law therefore, nor incur any pain or scathe in their body or goods; and shall be free of all pursuit criminal or civil, to be intended against them, at the instance of his highness' Advocate, or any other party: But the same shall be holden as good service done to his majesty. And likewise, his majesty and Estates foresaid, statute and ordain, that if any of the said Clan-Gregour, who shall happen to have compeared, and found caution in manner above-specified, be found masterless in time coming, having neither possessions nor callings, whereupon to live, nor will not take them to service, That it shall be lawful to any of his highness' good subjects to take and apprehend them, and present them to the next sheriff, Stewart, bailiff of regality and their deputes, or to the Provest and Bayli●es of Burrowes; and that they may present them to the Lords, and others of his highness' council, there to be taken order with, as they think meet. And siclike, his majesty and Estates of Parliament, statute and ordain, That if any of the said Clan-Gregour shall happen to be put to the horn by letters of horning direct against them by the Lords of council, for the cause above written: And that publication be made thereof by the said Lords, to all his majesty's Lieges, and at all places needful; That than whatsoever person or persons shall resate, supply, or intercommon with the said rebels, or any of them, or supply them with meat, drink, lodging, or weapons, directly or indirectly, or any other necessaries, shall be punished in their bodies, goods, and gear, as intercommoners with rebels and sorners, conform to the laws of this kingdom against intercommoners and sorners. And also his majesty with consent of the Estates foresaid, statutes, ordains, and commands all sheriffs, Stewarts, Provests, bailiffs of Burrowes, and Regalities, and all and sundry his majesty's good subjects to assist and concur with any of his highness' good subjects, who shall happen to be in pursuit of the said rebels. And ficlike, statutes and ordains the said Provests, and bailiffs of Burrowes, and bailiffs of regality, to receive from the hands of his highness' good subjects, the said rebels, who shall happen to be apprehended by them in manner foresaid, put, keep, and detain them in sure ward and firmance, aye and while they be presented before his majesty's council, or Justice. And lastly, his majesty and Estates foresaid, for suppressing of the said lawless limmers and Clan of Mac-Gregour nominates and appoints the sheriffs of the Sherifdomes of Perth, Dumbartane, Angus, Mernes, Stirling, and Stewarts of the Stewartries of Stratherne, Monteith, Banffe, innerness, Elgin, and Forres, and their deputes, and the sheriff of Cromartie and his deputes, and the Provests and bailiffs of the Burrowes there; The Earls of Errole, Montros, Athol, Perth, Tullibairdin, Sea-fort, Viscount of Stormonth, Lord Ogilvie; The Lairds of Glenurquhy, lawyers, Garntullie, Weymes, Glenlyon, Glenfalloch, Edinampill, Grant, or any of them, his majesty's Justices in that part, for setting, trying, and doing Justice upon the said rebels of Clan-Gregour, or any of them and their complices, who shall be apprehended by any of his highness' good subjects, for theft, sorning, or slaughter, with power to them to hold Courts, proceed and minister Justice upon the said rebels apprehended, as said is, as accords. And where ever his majesty's good subjects shall happen to apprehend any of the said rebels sorning, commiting theft or slaughter, and shall present them to the said Lords of council, Justice or Justice general, or Commissioners above-specified, or either of them, the doer of that service, shall have for his reward, the movable goods and gear of the offender, taken and presented by him in manner foresaid. ACT XXXI. IN FAVOUR OF HIS majesty AND Lieges, Intitulate; Salvo jure cujuslibet. OUR sovereign LORD and Estates of Parliament declare that no particular Acts made in favour of any of his majesty's subjects at this present Parliament, nor no acts of ratification made in their favour, shall prejudge his majesty nor his successors, of the acts and statutes under written, made in favour of his majesty in this same Parliament, viz. The act of his majesty's revocation: The act anent the superiorities of erections: The act anent regalities of erections; and the acts made or ratified anent his Majesties annexed properties: And his majesty and Estates, find and declare the said particular acts, and acts of ratification, made in favour of any of his majesty's subjects, in so far as the same, or any of them may prejudge his majesty or his successors, of the said acts & statutes, made in his majesty's favour, or of the benefit thereof in whole or in part, to be null and of none avail, force, nor effect, by way of exception or reply. And siclike, statute and ordain that the said particular acts, and acts of ratification, shall not prejudge any third party of their lawful rights, nor of their actions and defences competent thereupon, before the making of the said particular acts and acts of ratification; But that the Lords of Session and all other Judges shall be obliged to judge betwixt the parties, according to their rights standing in their person, before the making of the said particular acts. And that in respect the said particular acts, and acts of ratification, are made without hearing of parties having interest; and therefore are made Salvo jure cujuslibet; Like as his majesty and Estates declare, That this is & was the true meaning of all the acts made in the preceding parliaments, Intitulate, Acts salvo jure cujuslibet; Excepting always forth of this present act a ratification of the mortification of the abbacy of Dundrenan to the chapel-royal, in favour of the Bishop of Dunblane; The act of ratification of the benefice of Failfuird with the penitents, granted to Master Walter Quytfuird, with the act of dissolution of the Abbacies of Holyrudehouse and new-abbey, all past in this present Parliament: excepting also forth of this present act, The act of ratification and dissolution, made in favour of the marquess of Hamiltoun, anent his right to the impost of the Wines new and old, gifted by his majesty to him for the space of sixteen years specified in his gifts and grants made to him thereupon; and also excepting forth hereof the ratification of the contract past betwixt his majesty and the Lord Lorne, Anent the heritable office of justiciary, within the bounds therein mentioned, dated the third, and twenty third day of April, 1628. years: And of the Charter under the great Seal, precept, and instrument of seizing following thereupon, together with liberty of creation of Clerks & members of court, directing of precepts, and letters of horning, and power to denounce; and with all other privileges therein contained. And siclike of the three several acts of council and an act of Exchequer, all relative to his rights of the said office of justiciary, and in favour of the said Lord Lorne. Page 51 line 18. for respected read repeated. Collected, visied and extracted forth of the Book and Register of the Acts of Parliament, by me Sir John Hay of land's Knight, clerk of his majesty's council, Register and Rolls: under my sign and Subscription manual. JOHANNES HAY Clericus Registri. FINIS. A TABLE OF The Particular Acts and others exped and past in this first Parliament of our sovereign Lord Charles, By the grace of God King of Scotland, England, France, and Ireland, Defender of the Faith; Holden at Edinburgh, the twenty eight day of June 1633 years, not imprinted. 1 COmmission for serveying the laws. 2 Commission anent the admirality and chamberlanry 3 Commission to the Lords of secret council, for deciding the question betwixt the Shires of Perth, Forfar and Fyfe, and the burgh of Dundie anent the Ladle full of corn brought to their markets. Anent the petition given in by the Tanners, against the Lord Erskeine. Anent Master David Wedderburnes grammar. Anent freedom of foggage, pasturage, &c. to Ministers. Anent reforming the malt-mens' price betwixt the bowl of beir and malt. Anent establishing of correction houses. Anent the mutual interchange of forbidden goods betwixt Scotland and England. Anent inbringing of manufactories. Anent reformation of abuses in presenting playding to fairs and markets. Anent discharge of Robert Buchanes' patent of the pearl and all otheir monopolies. Anent reformation of bleatching of linen cloth. Anent discharge of impositions upon victual brought from foreign parts. 4 Commission to the Lords of secret council anent the scarcity of coin, of gold, and silver within this kingdom. Anent the frequent course of dollars and base copper money. Anent the penalty of the breakers of cthe Act of Parliament, anent metts and measures. Anent addition to the book of rates of the prices to be taken by the clerk of the bills for allowance of comprisings. 5 Protestation by his majesty anent the coin. 6 Commission to the Lords of secret council anent the petition presented by John Lord Torphichen in Parliament. 7 Commission to the Lords of secret council anent the Lord Spyny's gift, of being general muster-master, and colonel within this kingdom. 8 Commission to the council anent the exchange of Moneys betwixt Scotland and England. 9 Commission to the council anent the criminal judicatory. 10 Commission to the Commissioners of surrenders, anent the disjoining of meikle and little Daliouns from the kirk of Mouswald, and planting of the new kirk of Beith. 11 Commission to the Lords of Exchequer anent Robert Young printer his gift. Anent the petition of Jonet Keine and the heirs of Andrew Hart. Anent Master Robert Craiges pension of five hundreth pound. Anent the mean vassals of kirklands their entery. Anent upholding of the cathedral kirk of Orkney. Anent the vassals, of ward lands. 12 Commission to the council anent the Ministers stipends of Edinburgh. Anent the rebels within the sheriffdoms of Elgine, Forres, Nairne and innerness. Anent the erection of Stranraver in a free burgh, and the burgh Wigtouns petition in the contrary. Anent directing of letters against the inhabitants of the west and north isles. Anent the articles given in by the inhabitants of Orkney and Zetland. Anent the prices of these writes that paste the chancellary. Anent erecting of a college of physicians in Edinburgh. 13 Commission to the Commissioners of surrenders anent the Kirks of Nisbet and Crailing. 14 Act anent the dissolution of the Abbacies of Holyrudehouse and New-abbey. 15 Act of rehabilitation of Frances Stewart, with provision therein, in favour of the marquess of Hamiltoun, and sir Thomas Thomson. 16 Protestation Bishop of Dunblane. 17 Protestation sir Patrick Murray of Elibanke. 18 Protestation marquess of Dowglas. 19 Protestation Laird of Wauchtoun. 20 Protestation sir James Lokhart younger of Ley. 21 Protestation sir James Maxwell of Calderwood. 22 Act in favour of the Earls of Roxburgh & Buckeleuch. 23 Act in favour of Master Robert Craige for printing the book called, De feudis. 24 Act in favour of William Dowglas of Cavers. 25 Act of naturalisation of certaives noblemen and gentlemen of England. 26 Act in favour of George Earl of Kinnoull Chancellor. 27 Protestation Archbishop of Saint Andrews. 28 Act in favour of the Duke of Lennox, 29 Protestation Lord Lindesay. 30 Act in favour of the marquess of Hamiltoun. 31 Act in favour of the marquess of Hamiltoun. 32 Act in favour of the Earl of Sutherland anent the regality and sherifship of Sutherland, and making thereof a distinct sherifdome and erecting Dornoch in a free burgh royal. 33 Act in favour of the Earl Martial. 34 protestation Bishop of Murray. 35 Act in favour of the Earl of Buchane, for precedency before certain other Earls. 36 Act in favour of the Earl of Buchane. 37 Act in favour of the Earl of Galloway. 38 Act in favour of Alexander Lord Gairlies'. 39 Act in favour of the Earl of Annandaill. 40 Act in favour of the Earl of Annandaill. 41 Act in favour of the Archbishop of Glasgow. 42 Act in favour of the Bishop of Rosse anent annexation of Ferne to Rosse, 43 Act in favour of the Bishop of Galloway. 44 Act in favour of the Bishop of Dunblane. 45 Act in favour of the university of Saint Andrews. 46 Act in favour of the King's college of Aberdeen. 47 Act in favour of the college of Glasgow. 48 Act in favour of the Lord Lorne. 49 Act in favour of the Lord Lorne. 50 Act in favour of the Lord Lorne. 51 Act in favour of the Lord Lorne. 52 Act in favour of the Lord Yester. 53 Act in favour of the Lord Lowdoun. 54 Act in favour of the Lord Lowdoun. 55 Act in favour of the Lord Napeir. 56 Act in favour of the Lord Lindesay. 57 Act in favour of the Burgh of Aberdeen. 58 Act in favour of the Burgh of Glasgow. 59 Protestation Chapter of Glasgow. 60 Act in favour of the Burgh of Culrose. 61 Act in favour of the Burgh of Hadingtoun. 62 Act in favour of the Burgh of Bruntiland. 63 Act in favour of the Burgh of Bamffe. 64 Act in favour of the Burgh of Pittinweyme. 65 Protestation Earl of Kelly. 66 Act in favour of the Burgh of Selkirk. 67 Protestation marquess of Dowglas. 68 Protestation Earl of Roxburgh. 69 Protestation sheriff of forest. 70 Protestation Andrew riddel. 71 Act in favour of the Burgh of Air. 72 Act in favour of the Burgh of Innernes. 73 Protestation Earl of Murray. 74 Protestation Lord Gordoun. 75 Act in favour of the Burgh of Carraill. 76 Protestation sir James Learmonth of Balcomy. 77 Protestation Laird of Barnes. 78 Act in favour of the Burgh of Kinghorne. 79 Act in favour of the Burgh of Dumbartane. 80 Act in favour of the Burgh of New-Galloway. 81 Protestation Burgh of Kirkcudbright. 82 Act in favour of the burgh of Lawder. 83 Act in favour of sir Robert Dowglas of Spot. 84 Act in favour of sir William Anstruther. 85 Protestation Earl of Kellie. 86 Protestation town of Pittenwyme. 87 Act in favour of the Laird of Panmoor. 88 Act in favour of James Livingstoun of Beill. 89 Act in favour of James Maxwell of Innerweik. 90 Act in favour of the said James Maxwell and his spouse. 91 Act in favour of the heirs of Master Patrick Murray. 92 Act in favour of William Murray. 93 Protestation Viscount of Stormonth, 94 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet. 95 Act in favour of sir James Lockhart younger of Ley. 96 Act in favour of the said sir James Lockhart. 97 Act in favour of sir Patrick Murray of Elibank. 98 Act in favour of six John Dalmahoy. 99 Act in favour of the Laird of Glenurquhy. 100 Act in favour of Doctor Beatone and his spouse. 101 Act in favour of Henry Nisbet. 102 Protestation Lord Balmerinoch. 103 Act in favour of John Oliphant of Bachiltoun. 104 Protestation Duke of Lennox. 105 Act in favour of sir James Mac-Gill of Cranstoun riddel Knight Baronet. 106 Act in favour of sir Thomas Thomson of Dudinstoun Knight. 107 Act in favour of the Laird of Swynton. 108 Act in favour of Master Walter Quhytfuird. 109 Act in favour of Master Walter Quhytfuird. 110 Act in favour of the Laird of Philorth younger. 111 Act in favour of the Laird of Cors-hill. 112 Act in favour of Master James Bannatine of Newhall. 113 Act in favour of Master Andrew Aytoun of Logy Advocate. 114 Act in favour of sir James Hamiltoun of Preist-field. 115 Protestation sir Thomas Thomson. 116 Act in favour of John campbel Fear of Calder. 117 Act in favour of sir John Spottiswod of Darsie. 118 Act in favour of the Laird of Pitslig●. 119 Act in favour of the Laird of Edzell. 120 Act in favour of the Laird of Rouchlaw. 121 Act in favour of John Sinklar of Stevinson. 122 Act in favour of Thomas Crombie of Kemno. 123 Act in favour of Patrick Mac-Gie of Larg. 124 Protestation Archibald Stewart of Phintilloch. 125 Act in favour of the Ministers of Port-Patrick. 126 Protestation Laird of Kinhilt. 127 Act in favour of sir Arthur Dowglas of Quhittinghame. 128 Act in favour of Master william Drumond. 129 Act in favour of the Skinners of Edinburgh. 130 Act in favour of Master James Nicolson of Colbrandspeth. 131 Act in favour of the feuars of Innerask. 132 Act in favour of James Scot of Gallowshiells. 133 Protestation Earl of Roxburgh. 134 Protestation sheriff of forest. 135 Act in favour of the Laird of Bishoptoun. 136 Protestation Earl of Lauderdail contra the Earl of annandail for priority of place. 137 Act in favour of Master William Cuninghame of broom-hill. 138 Act in favour of Master James Raith of Edmistoun. 139 Act in favour of the Laird of Tindall. 140 Act in favour of John Erskyne of Balhagradie. 141 Act in favour of the Laird of Makclachin. 142 Act in favour of the kirk of Pittinwyme. 143 Act in favour of the kirk of Eymouth. 144 Act in favour of the Minister of Coldinghame. 145 Act in favour of the Minister of Bruntiland 146 Act of dissolution of Lugtoun and Melvill from the Parish of Saint Andros, and union thereof to Dalkeith and Laswade. 147 Act anent the Parsonage of Dalkeith and payment of the taxation thereof. 148 Act in favour of sir Richard Murray of Cokpull. 149 Act in favour of the Minister of Colbrandspeth. 150 Act in favour of sir John Charters of Aimisfield. 151 Act in favour of sir Patrick Hamiltoun of little Prestoun. 152 Act in favour of the Laird of Balvaird, 153 Protestation Earl Annandail. 154 Act in favour of John Hamiltoun of Boghall and his spouse. 155 Act in favour of William Lockhart of carstair's. 156 Protestation marquess of Hamiltoun. 157 Protestation marquess of Dowglas. 158 Protestation Archbishop of Glasgow. 159 Act in favour of Master Robert Gordoun of Strealoch. 160 Act disuniting the kirks of Ebdy and Newburgh. 161 Act anent the erection of the Parish kirk of Strechine. 162 Protestation Lord Lundors. 163 Act in favour of sir George Hamiltoun. 164 Act uniting certain lands to the kirks of Corstorphine and Hails. 165 Act in favour of James Hay of Smithfield. 166 Act in favour of sir James Balfour. 167 Act in favour of Alexander Cuningham of Barnes. 168 Protestation Archbishop of Saint Andrews. 169 Act in favour of the Master of Elphingstoun. 170 Act in favour of Master Alexander Keith of Benholme. 171 Act dissolving four prebendaries from the parish kirk of Corstorphine to the college kirk thereof. 172 Act in favour of sir John Achmooty of Gosfuird. 173 Act in favour of sir George Ogilvie of Bamffe. 174 Protestation Doctor Philip contrary the act of erection of the Kirk of Kingsbarnes, in favour of the Lord Lindesay. 175 Protestation Earl Lauderdaill, contra James Livingstoun of Beill. 176 Act in favour of sir Thomas Hope of Craig-hall Knight Baronet. A TABLE OF THE PRINTED acts AND laws past in this first PARLIAMENT of our sovereign Lord, King CHARLES, &c. and in what leaf and page the same is to be found. 1 ANent the taxation granted to his majesty of thirty shillings termly upon the pound land, and the sixteenth penny of all annual-rents, pag. 3. 2 Anent the collecting and inbringing of the taxation and relief to prelates, 9 3 Anent his majesty's royal Prerogative, and apparel of kirkmen, 18. 4 Ratification of the Acts touching Religion, ibid. 5 Ratification of the act of council anent the plantation of schools, 19 6 Anent the inverting of pious donations, ibid. 7 Anent invading of Ministers, 20. 8 Ratification of the act of Commission anent the Ministers provisions, 21. 9 The Kings general Revocation, 22. 10 Anent annexation of his majesty's property, 28. 11 Act of Dissolution, 30. 12 Ratification of the act of Interruption, 31. 13 Anent Regalities of erections, 36. 14 Anent superiorities of Kirkelands, 38. 15 Anent his majesty's annuity of teinds. 39 16 Anent Vassals holding Ward, 41. 17 Anent the rate and price of teinds, 42. 18 Anent the Exchequer, 44. 19 Commission for valuation of teinds not valued, rectifying the valuation of the same already made, and other particulars therein contained, 45. 20 Anent the King his designation of the names to be insert in the Commissions anent the tithes and laws, 52. 21 Anent the annual of eight to be taken of ilk hundred in time to come alannerly, suspending the same for three years, and in the interim, two of ten to be paid for the said space to his majesty, ibid. 22 Anent the Lords of session, their taxation of ten shillings to be imposed upon every pound land of old extent, 53. 23 Ratification of the liberties of the college of justice, pag. 56. 24 Ratification of the privileges of the free royal burrows, 57 25 Ratification of the acts made in favour of the justices of peace, and their Constables, and Commission to the Lords of secret council thereanent, 58. 26 Explanation of the Acts of Parliament made in favour of the Lords of session, anent twelve pennies of the pound to be paid in decreets, given by the said Lords hereafter, 59 27 Act pardon penal statutes, ibid. 28 Ratification in favour of the Viscount of Sterling of the infeftments and signature granted to him of the Dominions of new Scotland & Canada in America, & privileges therein contained, and of the dignity and order of knight baronets, and act of convention of Estates made thereanent, 60. 29 Act in favour of the Earl of Mortoun, and the Lord Dalkeith his son, anent the Loch of Levin, & preservation of the fishings thereof 61. 30 Act anent the Clan-Gregour, 62. 31 Act in favour of his majesty, and Lieges, intitulate; Iure salvo cujuslibet, 56. FINIS.