THE LAWS and ACTS OF THE FIRST PARLIAMENT, Of our most High and Dread SOVEREIGN, CHARLES THE SECOND, By the grace of GOD, King of Scotland, England, France and Ireland, Defender of the Faith. Holden at Edinburgh the First of January, 1661. By a Noble Lord, John Earl of Middleton, Lord Clerimont and Fettercairn; His MAJESTY'S Commissioner for holding of this Parliament, by virtue of a COMMISSION under His MAJESTY'S Great Seal of this Kingdom: With the special Advice and Consent of the Estates of Parliament. Extracted and Collected from the Records of Parliament, by Sir ARCHIBALD PRIMROSE of Chester Knight and Baronet, Clerk to His MAJESTY'S Council, Registers and Rolls. EDINBURGH, Printed by Evan Tyler, Printer to the Kings most Excellent MAjESTY, Anno Dom. 1661. CUM PRIVILEGIO. CHARLES The 2d BY THE GRACE OF GOD KING OF SCOTLAND ENGLAND FRANCE & IRELAND Defender of the faith ●●uch not my Anointed GOD SAVE THE KING FEAR GOD HONOUR THE KING HONI SOIT QVI MAL Y PENSE portrait of Charles II C R HONI SOIT QVI MAL Y PENSE royal English blazon or coat of arms of Charles II NEMO ME IMPUNE LACESSET decorative border The LAWS and ACTS made in the first PARLIAMENT of our most High and Dread Sovereign, CHARLES the Second, by the grace of GOD, King of Scotland, England, France and Ireland, Defender of the Faith. Began at Edinburgh, the first day of January, 1661. I. ACT concerning the Precedent and Oath of Parliament. FOrasmuch as it hath pleased Almighty GOD, to compassionate the troubles and confusions of this Kingdom, by returning the Kings most excellent MAjESTY to the exercise of that Royal Government, under which, and its excellent constitution, this Kingdom hath for many ages enjoyed so much happiness, peace and plenty. And it being upon good and important considerations, an inviolable practice in this Government before these troubles, that the person nominate by His MAjESTY, to be His Chancellor within this Kingdom, did of right, and as due to his place, preside in all Meetings of Parliament and other public Judicatories of the Kingdom, where he was present for the time. And His MAjESTY now considering the great advantages, do accress to the public good of His Subjects, by the due observance of such ancient and well grounded Customs and Constitutions, and the prejudices that do accompany a change thereof: Therefore His MAjESTY, with advice and consent of His Estates of Parliament, doth Declare, That the present Lord Chancellor, and such as hereafter shall be nominate by His MAjESTY, or His Royal Successors, to succeed in that place; and in case of their absence, such as shall be nominate by His MAJESTY, are by virtue and right of the said office and such nomination respective, to preside in all meetings of His MAJESTY'S Parliaments or other public Judicatories of the kingdom, where they shall happen to be present, and that they are now and in all time coming to enjoy this privilege. And in discharge of this trust, they are at the first down-sitting of every Parliament, to administer to all the Members thereof the Oath of Allegiance, whereof the tenor follows; I, for testification of my faithful obedience to my most gracious and redoubted Sovereign, CHARLES, King of Great Britain, France and Ireland, Defender of the Faith, etc. Affirm, testify and declare, by this my solemn Oath, That I acknowledge my said Sovereign only Supreme Governor of this Kingdom, over all Persons and in all Causes; and that no Foreign Prince, Power or State, nor person Civil or Ecclesiastic, hath any Jurisdiction, Power or Superiority over the same: And therefore I do utterly renounce and forsake all Foreign Jurisdictions, Powers and Authorities; and shall at my utmost power, defend, assist and maintain His MAJESTY'S Jurisdiction foresaid against all deadly, and never decline His MAJESTY'S Power nor Jurisdiction, as I shall answer to GOD. With this addition, And I shall faithfully give my Advice and Vote in every thing shall be propounded in Parliament, as I shall answer to GOD. Likeas His MAJESTY, with advice foresaid, doth hereby Rescind and Annul all Acts, Statutes or Practices, as to the Precedent or Oath of Parliament, which are prejudicial unto, or inconsistent with, this present Act, and Declare the same to be void and null in all time coming. II. Act and Acknowledgement of His Majesty's Prerogative, in the choice of His Officers of State, Councillors and Judges. THe Estates of Parliament, considering the great obligations that do lie upon them from the Law of GOD, the Laws of Nations, the municipal Laws of the Land, and their Oaths of Allegiance, to maintain and defend the Sovereign Power and Authority of the King's MAJESTY, and the sad consequences that do accompany any encroachments upon, or diminutions thereof: Do therefore from their sense of humble duty, Declare, That it is an inherent privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of this Kingdom, to have the sole choice and appointment of the Officers of Estate, and Privy Councillors, and the nomination of the Lords of Session as in former times, preceding the year, 1637. And that the King's Sacred MAJESTY and His Heirs and Successors, are for ever, by virtue of that Royal Power, which they hold from GOD Almighty over this Kingdom, to enjoy and have the full exercise of that Right. And therefore, the King's MAJESTY, with advice and consent of His Estates of Parliament, doth hereby Rescind and Annul all Acts, Statutes or Practices to the contrair, and Declare them to have been undutiful and disloyal invasions upon the Royal Prerogative, and to be void and null in all time coming. III. Act asserting His Majesty's Royal Prerogative, in the calling and dissolving of Parliaments, and making of Laws. THe Estates of Parliament now convened, by His MAJESTY'S special Authority, considering that the Quietness, Stability and Happiness of the people, do depend upon the Safety of the King's MAJESTY'S Sacred Person, and the maintenance of His Sovereign Authority, Princely Power, and Prerogative Royal. And conceiving themselves obliged in conscience, and in discharge of their duties to Almighty GOD, to the King's MAJESTY, and to their Native Country, to make a due acknowledgement thereof at this time; Do therefore unanimously Declare, That they will with their lives and fortunes maintain and defend the same. And they do hereby acknowledge, that the power of Calling, Holding, Proroguing and Dissolving of Parliaments, and all Conventions and Meetings of the Estates, doth solely reside in the King's MAJESTY, His Heirs and Successors. And that as no Parliament can be lawfully keeped without the special warrant and presence of the King's MAJESTY, or His Commissioner; so no Acts, Sentences or Statutes, to be passed in any Parliament, can be binding upon the people, or have the Authority and force of Laws, without the special Authority and Approbation of the King's MAJESTY or His Commissioner, interponed thereto, at the making thereof. And therefore the King's MAJESTY, with advice and consent of His Estates of Parliament, doth hereby Rescind and Annul all Laws, Acts, Statutes or Practices that have been, or upon any pretext whatsoever, may be, or seem contrair to, or inconsistent with, His MAJESTY'S just Power and Prerogative , and Declares the same to have been unlawful, and to be void and null in all time coming. And to the end, that this Act and Acknowledgement, which the Estates of Parliament, from the sense of their humble duty and certain knowledge have hereby made, may receive the more exact obedience in time coming, It is by His MAJESTY, with advice foresaid, Statute and Ordained, that the punctual observance thereof, be specially regarded by all His MAJESTY'S Subjects, and that none of them upon any pretext whatsoever, offer to call in question, impugn, or do any deed to the contrair hereof, under the pain of Treason. FOUR Act asserting His Majesty's Royal Prerogative, in the making of Leagues and the conventions of the Subjects. THe Estates of Parliament, considering that the maintenance of His Majesty's Authority and Royal Prerogative, in and concerning the making of Leagues and the conventions of the Subjects, is not only a necessary duty of the people, but of singular advantage to their happiness and peace: And that their Predecessors wisely foreseeing the good and benefit thereof, and the prejudices and miseries that inevitably did accompany the neglect of the same, did therefore by many several Acts and Laws, assert the King's Prerogative and Authority therein; and particularly by the hundred and thirty one Act of the eight Parliament of King James the sixth, it is Statute and Ordained, That none of his Highness' Subjects of whatsoever quality, state or function, presume to convocat, conveen or assemble themselves for holding of Councils, Conventions, or Assemblies, to treat, consult and determine in any matter of State, Civil or Ecclesiastic (except in the ordinary Judgements) without His MAJESTY'S special command, or express licence, had and obtained thereto, under the pains made against such as unlawfully convocats the King's lieges. And by the twelfth Act of the tenth Parliament, holden the tenth of December, one thousand five hundred and eighty five, It is by His MAJESTY, with advice of His three Estates, Statute and Ordained, that no Leagues nor Bonds be made among His Subjects of any degree, upon whatsoever colour or pretence, without His Highness or His Successors privity and consent, had and obtained thereunto, under the pain to be holden and execute as movers of Sedition to the breach of the Peace. And now finding that the due observance of these Laws, might have contribute much to the preventing of these confusions and troubles, which in these late times have almost ruined both the King's MAJESTY and all His loyal Subjects: Therefore His MAJESTY, with advice and consent of His Estates of Parliament, doth revive, renew, ratify and approve these Acts , and Ordain the same to be punctually obeyed in all time coming, conform to the tenor thereof, and under the pains therein contained. And Declares, that any explanation or gloss, that during these late troubles hath been put upon these Acts, as that they are not to be extended against any Leagues, Councils, Conventions, Assemblies or Meetings, made, holden or kept by the Subjects for preservation of the King's MAJESTY, the Religion, Laws and Liberties of the Kingdom, or for the public good either of Kirk or Kingdom, are false and disloyal, and contrair to the true and genuine meaning of these Acts: And therefore His MAJESTY, with advice foresaid, doth Discharge, and for ever Annul the same, and all Acts and Practices that have been in pursuance thereof. V Act asserting His Majesty's Royal Prerogative in the Militia, and in making Peace and War, etc. THe Estates of Parliament, considering the great happiness that this Kingdom hath for many ages enjoyed, under the princely Government of their Royal Kings; who by the special blessing of Almighty GOD, have reigned over them, in so long and an unparallelled series of Royal descents; and the obligation thereby lying upon them, in conscience, honour and gratitude, to own and assert the Royal Prerogatives of the Imperial Crown of this Kingdom, which the King's MAJESTY holds from GOD Almighty alone. An to vindicat the same from these invasions, which by the malice or specious pretexts of ill affected persons, and the confusions and disorders of the late times, have been made upon it, Do therefore Declare, That the power of Arms and making of Peace and War, or Treaties and Leagues with Foreign Princes or Estates, doth properly reside in the King's MAJESTY, His Heirs and Successors; and that it was and is their undoubted Right, and theirs alone, to have the power of raising in Arms, the Subjects of this Kingdom, and of the commanding, ordering and disbanding, or otherwise disposing thereof; and of all Strengths, Forts or Garrisons within the same, as they shall think fit; the Subjects always being free of the Provisions and Maintenance of these Forts and Armies, unless the same be concluded in Parliament or Convention of Estates. Likeas the King's MAJESTY, with advice and consent foresaid, doth hereby Declare, That it is, and shall be high Treason to the Subjects of this Kingdom, or any number of them, more or less, upon any ground or pretext whatsoever, to rise or continue in Arms, to maintain any Forts, Strengths or Garrisons, to make Peace or War, or to make any Treaties or Leagues with Foreign Princes or Estates, or among themselves, without His MAJESTY'S special Authority and Approbation first interponed thereto; And doth discharge all His MAJESTY'S Subjects to offer upon any pretext whatsoever, to attempt the doing of any of these things hereafter, under the said pain of Treason. And in further detestation of such unlawful and unwarratnable practices, the King's MAJESTY, with advice and consent of His Estates of Parliament, doth hereby Rescind and Annul all Acts, Statutes, Ordinances or Deeds, past or done in any Parliaments, Conventions, or other Meetings whatsoever, or any otherwise, in so far as they are, or may be contrair to, or inconsistent with, this present Act; and Declares the same (dispensing with the generality, and holding all the particulars as verbatim herein inserted) to be void and of no force nor effect in time coming. VI Act annulling the pretended Convention of Estates, kept in the year, 1643. FOrasmuch as the power of calling of Parliaments, or Conventions of the Estates of this Kingdom, hath always been, and is an undoubted privilege of the Crown, and doth solely reside in the King's MAJESTY: And that notwithstanding thereof (among the many other invasions, which during these late times, have been made upon the Royal Prerogative) a pretended Meeting and Convention of the Estates was called and kept at Edinburgh, in June, one thousand six hundred forty three, without any warrant from the King's MAjESTY: And the Estates of Parliament now convened by His Majesty's special Authority, having taken into their consideration the indiction, reasons and grounds of the calling of the said Convention, do find that the said pretended Convention of Estates, notwithstanding of all the specious pretexts made for the same, did meet, and conveen, without any lawful Warrant or Authority; And therefore the King's MAjESTY, with advice and consent of His Estates of Parliament, doth Declare the same, with all that was done therein, void and null, and Rescinds and Annuls all Acts or Deeds whatsomever, ratifying and approving the same. VII. Act concerning the League and Covenant, and discharging the renewing thereof without His Majesty's warrant and approbation. FOrasmuch as the power of Arms, and entering into, and making of Leagues and Bonds, is an undoubted privilege of the Crown, and a proper part of the Royal Prerogative of the Kings of this Kingdom, and that in recognizance of His Majesty's just Right, the Estates of Parliament of this His most ancient Kingdom of Scotland, have Declared it high Treason to the Subjects thereof, of whatsoever number, less or more, upon any pretext whatsoever, to rise, or continue in Arms, or to enter into Leagues and Bonds, with Foreigners, or among themselves, without His Majesty's special Warrant and Approbation, had and obtained thereto, and have Rescinded and Annulled all Acts of Parliament, Conventions of Estates, or other Deeds whatsoever, contrary to, or inconsistent with, the same; And whereas during these troubles, there have occurred divers things, in the making and pursuance of Leagues and Bonds, which may be occasion of jealousy in and betwixt His Majesty's Dominions of Scotland, England and Ireland. Therefore, and for preventing of all scruples, mistakes or jealousies that may hereafter arise upon these grounds, The King's MAjESTY, with advice and consent of His Estates of Parliament, Doth hereby Declare, That there is no Obligation upon this Kingdom by Covenant, Treaties or otherwise, to endeavour by Arms a Reformation of Religion in the Kingdom of England, or to meddle with the public Government and Administration of that Kingdom. And the King's MAjESTY, with advice and consent foresaid, doth Declare, That the League and Covenant, and all Treaties following thereupon, and Acts or Deeds that do or may relate thereto, are not obligatory, nor do infer any obligation upon this Kingdom, or the Subjects thereof, to meddle or interpose by Arms, or any seditious way in any thing concerning the Religion and Government of the Churches of England and Ireland, or in what may concern the Administration of His Majesty's Government there. And further, His MAjESTY, with advice and consent of His Estates, doth hereby Discharge and Inhibit all His Majesty's Subjects within this Kingdom, that none of them presume upon any pretext of any Authority whatsoever, to require the renewing or swearing of the said League and Covenant, or of any other Covenants, or public Oaths concerning the Government of the Church, or Kingdom, without His Majesty's special Warrant and Approbation; And that none of His Majesty's Subjects offer to renew and swear the same, without His Majesty's Warrant, as said is, as they will be answerable at their highest peril. VIII. Act against Papists, Priests, and Jesuits. OUr Sovereign Lord considering, that the public contempt of, and disobedience to, lawful Authority, (though covered with the most specious pretexts) is always accompanied with great confusions and provocations, to the dishonour of GOD, and ruin of the People; And that thereby occasion is offered to wicked and ill affected persons, of all sorts, upon one pretence or other, to subvert Religion, and pervert the Duty and Allegiance of the Subjects; Whereof there be too sad evidence, by the increase of Popery, and the number of Jesuits, Priests, and Papists; which have of late, and do now abound in this Kingdom, in far greater numbers than ever they did under the Government of His Majesty's Royal Father and Grandfather, of blessed memory. And His MAjESTY, being desirous to trace these His Royal Ancestors, in a due and vigorous prosecution of these many excellent Laws made by them, against the Saying of Mess, and the stay and resset of Jesuits, Seminary and Mess Priests, and Trafficking Papists, within this Kingdom: Doth therefore, with advice and consent of His Estates of Parliament, command and charge all, and sundry Jesuits, Priests and Trafficking Papists, that none of them presume hereafter to Say Mess within this Kingdom; And that within a month after the publication hereof, they remove forth of the Kingdom, under the pain of death: And sicklike, His MAjESTY, with advice and consent foresaid, doth command, charge, and inhibit all His Majesty's Subjects, of what quality or degree soever, that none of them presume to hear Mess, resset, supply, entertain, furnish meat or drink, nor keep intelligence nor correspondence with any Priests, Jesuits or Trafficking Papists, under the pains contained in the Laws and Acts of Parliament made in that behalf. And to the end that this Act may receive the more exact obedience and prosecution, His MAjESTY, with advice and consent foresaid, doth hereby command all Sheriffs of Shires and their Deputes, all Magistrates of burgh's, and other public Ministers of the Laws, to make exact enquiry and search in their several bounds and jurisdictions, and to apprehend all such Jesuits, Priests and Trafficking Papists, as they shall find within the same, after the last day of March next to come; and to commit them to the next sure Prison, there to remain till they receive due punishment, according to the Laws: And also, that with all possible diligence, they send in to the Parliament, or in case of their not Sitting, to His Majesty's Privy-Council, the List of such persons within their bounds, as are known, or suspected to be Papists; that course may be taken with them, conform to the Laws of the Kingdom: And hereof, the Sheriffs and Magistrates, and their Deputes are to take special notice, as they will be answerable at their highest peril: Likeas, His MAjESTY considering how dangerous it is that Children be educat by persons popishly affected, do therefore, conform to former Acts of Parliament, appoint that children under popish Parents, Tutors or Curators shall be taken from them, and committed to the education of some well affected and religious friend, at the sight and by order of His Majesty's Privy-Council: And Ordains publication hereof to be made at the Mercat Cross of Edinburgh, and other places needful. IX. Act approving the Engagement, 1648. and annulling the pretended Parliaments and Committees kept thereafter. FOrasmuch as in the year one thousand six hundred forty and eight, the Estates of Parliament of this Kingdom, and His Majesty's good Subjects therein, from the sense of their duty to Almighty GOD and the King's MAjESTY, did cheerfully undertake and concur in an Engagement, for relief of His late MAJESTY of glorious memory, from His imprisonment, and for His restitution to the Royal Government of His Kingdoms. And the Estates of Parliament, now convened by His Majesty's special Authority, taking that Engagement to their consideration, do find it to have been an Honourable, Just, Necessary and Seasonable Discharge of that indispensible Duty, whereunto this Kingdom, and the Subjects thereof, are by the Law of God, by the Law of Nature and Nations, by the municipal Laws of the Land, by their Allegiance, and by all the strictest bonds of Conscience and Honour, obliged to the most Sacred Person, and Royal Authority of their King's MAjESTY. And therefore, Our Sovereign Lord, with advice and consent of His Estates of Parliament, doth Ratify and Approve that Engagement for His Majesty's relief and restitution to His Royal Government. And doth Declare, that as it was a most noble and pious Testimony of the Loyalty of His Majesty's good Subjects of His ancient Kingdom; and of their affection and zeal to His Majesty's Person and Government: So His MAjESTY, for Himself and His Successors, doth assure, that They will always retain a grateful resentment thereof; And have appointed these presents to remain upon Record, for the due honour of these persons who did engage therein, and of their posterity for ever. And whereas the necessity and justice of this undertaking, with the interest this Kingdom had in His Majesty's Person, by the honour of His Royal Birth, and by these many and singular Acts of Grace He had lately conferred upon it, might justly have claimed a ready concurrence of all the Subjects; Yet there wanted not some, and even such, whom not long before, His Majesty had obliged by marks of His Royal Favour both of honour and profit, who made it their work to disappoint and oppose the same: And for that end, having gathered some mutinous Commons and others, who by a few seditious Ministers, had been preached into an open Rebellion they in the month of September one thousand six hundred forty and eight years, without any lawful Authority, (and not giving the Oath mentioned in the Commission of Parliament: without which, it was expressly provided, they were not to have access to, nor place in, the Committee) did usurp to themselves the name and power of a Committee of Estates; and having by their own Edicts, declared all such persons as had given testimony of their duty and loyalty to the King, to be uncapable of being Members of Parliament, or of having voice in the Elections to the Parliaments. They then, without any lawful Authority, called a Packed meeting of Parliament, to consist only of persons of their own stamp and faction: who accordingly met in January, one thousand six hundred forty and nine years: and assuming to themselves the Sovereign Authority and Government of the Kingdom, intended to establish and fix the power in their own persons for ever. For which purpose, having publicly declared against that necessary and just Engagement, for His Majesty's relief and restitution to His Royal Government: Having approven all the oppositions and rise in Arms against the same, and by Oath solemnly engaged themselves to a constant adherence thereunto: Having for their assistance called in the Usurper Cromwell, and a part of his Army: Having by public engagement, given up the Honour and Safety of this ancient Kingdom to the English; and declared, that His Majesty should be obliged to Ratify that unworthy Act, before any Treaty were with Him for His relief: Having given order to their Commissioners, to Protest against any agreement betwixt His Majesty and His Subjects in England, in the Treaty at the Isle of Wight: Having, so far as in them lay, weakened and dissolved the common Allegiance of the Subjects to the King's Majesty, by proclaiming His Right to the Crown, with base restrictions and limitations, and pressing the Subjects against their consciences, to subscribe the same: Having disowned His Majesty's interest in the Quarrel betwixt them and the English, who had invaded this Kingdom, merely to destroy His Majesty's Interest in it: Having taken the lives of some, and forced others of His Majesty's good Subjects, of best quality, to fly to Foreign parts for their safety: Having fined, confined, imprisoned and seized upon the livelihood of many: Having put disgraceful characters and incapacities upon all who had witnessed any affection to His Majesty's Government: Having unjustly pronounced, and with cruelty executed Sentences of Forfeiture against the lives and fortunes of such as from conscience of their duties, did oppose them: Having in their public Meetings, appointed, that the innocent wives and children of these, who offered to vindicate His Majesty's Authority, should be seized on, and transported to Foreign Countries: Having once and again solicit their Brethren in England, that such of this Kingdom, as (for venturing their lives for the King) were then prisoners in England, should be still kept prisoners, as Pledges of the Peace: Having thrust out of the Offices of State, places of Judicatory and public Trust, all such as were willing to engage for His Majesty's relief and restitution to His Government, and put such in their places, as did oppose the same: Having laid on, and raised, great exactions and sums of money from the people, and employed them for their own uses: Having seized on His Majesty's Revenues, and bestowed them upon themselves, and such others as were in open Opposition and Arms against Him: Having also seized upon the Properties and due Rights of the Subjects, and the Patronages by Law secured unto them: And having, by these and many such like Acts, endeavoured to perpetuate themselves in their usurped Power, they prorogated the Meetings of their pretended Parliaments from time to time, substituting some of their trusties, for carrying on of their designs in the while. And the Estates of Parliament, having taken these proceed unto their serious consideration, Do find, that there was no Law, nor lawful Authority for the Meetings of these pretended Parliaments and Committees of Estates; But that the persons, meeting therein, did without any lawful warrant, and in contempt of His Majesty's Authority, usurp the power to themselves. And therefore, the King's Majesty, with advice and consent of His Estates of Parliament, doth Rescind and Annul these pretended Meetings of Parliament, and Committees above mentioned, and all other Meetings of any pretended Parliaments or Committees flowing from the same, and all Acts, Deeds and Treaties, done by them or their warrant: Execepting always all such Acts as were passed in any Meeting of Parliament, or Committee of Estates, authorized by His Majesty's presence, and are not inconsistent with this present Act. And also Declares any Ratification, which thereafter was past, of those Meetings and Acts, to have been void from the beginning: Except in so far as is expressed in the Indemnity, Declarations and Provisions after mentioned. Yet, notwithstanding of all these provocations, the King's Majesty, from His innate goodness, being more desirous to reclaim His Subjects to their duty by Acts of Mercy, then to reduce them by their too much deserved Censure, Doth, of His mere favour and grace, with advice and consent foresaid, Indempnifie all such persons, who sat and acted in these pretended Parliaments and Committees, or who acted in order thereunto, or by virtue of, and in obedience to, the same, To be in all time coming, unquestioned in their lives and fortunes, for these their actings; Excepting such as shall be excepted in a general Act of Indemnity, to be passed by His Majesty in this Parliament. And forasmuch as the Ordinar Courts of Justice, did sit and act by Warrant of these Meetings, the King's MAjESTY, for the good and ease of the people, doth with advice foresaid, Declare, That none of the Acts, Decreets or Sentences, given by these who sat as Lords of Session, or as inferior Judges within this Kingdom these years, nor no Execution following thereupon, are for want of lawful Authority to be questioned: Whereanent, His MAjESTY, with advice foresaid, by these presents dispenses. And also, His MAjESTY, considering that by a pretended Act and Commission, from the said pretended Meetings or Parliaments, Augmentations were granted to Ministers, Kirks were divided, new Kirks were erected, and Lands from one Paroch to another, disjoined and annexed; and divers other particulars discerned, in relation to the Plantation of Kirks: which Commissions, one or more, though they had no lawful Authority, but in themselves were and are null. Yet His MAjESTY, being desirous to give all due encouragements to the Ministers of the Gospel, doth, with advice and consent foresaid, Declare, That all Acts, Decreets and Sentences, pronounced and given forth by the saids Commissioners, and all Executions thereupon, are and shall stand valid in time coming, except such as upon the complaint of any party, shall be found to have been unjustly or exorbitantly pronounced and discerned. The determination whereof, is hereby referred by His MAjESTY, with advice and consent foresaid, to the Commission for Plantation of Kirks, to be established by His Majesty in this present Parliament; that they after hearing of parties, and consideration of particulars, may take such course for altering, annulling or allowing of what was done by virtue of the said's Commissions in the years, one thousand six hundred and forty nine, and one thousand six hundred and fifty, as they shall think just, conform to the standing Laws and Acts of Parliament, preceding the year one thousand six hundred and forty nine; and Ordains process upon supplication to be summarily granted, parties always being cited, and that without any reduction. As also, with power to the said's Commissioners to be appointed, upon the dependence of the said's complaints and process, to discharge execution upon the foresaids' Decreets in whole or in part, as they shall find just, ay and while the matter may be determined by them. And forasmuch as by a pretended Commission for the Exchequer, divers Infeftments, Gifts and others, were passed in the foresaids' years, one thousand six hundred and forty nine, and one thousand six hundred and fifty; His Majesty, with advice foresaid, Declares, That all such Gifts, Infeftments and others, are and shall be valid, excepting always new Gifts and Dispositions of Lands and others, granted and passed to His Highness' prejudice, and such other Gifts as upon the complaints of parties, shall by His Majesty's Treasurer and Commissioners of Exchequer, be found to have been unjustly granted or passed, in prejudice of prior Gifts under His Majesty's Hand, though not passed in Exchequer. And whereas by a pretended Act of the foresaid pretended Parliament, entitled, Act abolishing the Patronages of Kirks, all Patronages and Presentations of Kirks, whether belonging to the King or any Laic Patron, Presbyteries or others, were discharged, and all Acts, Gifts and Rights, granted thereanent, Rescinded. And yet nevertheless, it was thereby declared, That the taking away of the Patronages, should not prejudge the Patron's Rights to the Teinds, nor weaken his Infeftment wherein the same is contained. And that the Teithes of the Kirks, whereof the Presentations were abolished, should belong hereritably to the Patrons, and be inserted in their Rights and Infeftments in place of their Patronage, with power to the Patron to dispone upon the saids Teinds, in manner and with the exception contained in the said Act. And notwithstanding that the foresaid Act and whole Parliament be declared null; yet nevertheless, His Majesty, with advice foresaid, doth by these presents Declare, That it shall be lawful to Laic Patrons or Heretors, to agree with the beneficed persons for Tacks or Rights of Teinds, belonging to the said beneficed person, according to the Laws of the Kingdom; with this provision, that the said's Tacks, shall be no ways prejudicial to the Stipend and Maintenance of the Ministers and persons to be presented, according as the same hath been already modified, or shall be modified in time coming; and that notwithstanding of any Acts or Statutes made in the contrair. All which Acts, His Majesty, with consent foresaid, by these presents Discharges; And in like manner, His Majesty, with advice foresaid, Declares, That as to such persons who are presently in possession of Kirks, pertaining to the said's Laic Patronages, the said's persons and Ministers shall, during their service, claim no right nor possession to the Teinds of their said's Kirks and Parochins, other than they had formerly before the making of this Act; they having always a sufficient maintenance allowed and granted to them, according to the Laws of the Kingdom. X. Act condemning the Transactions concerning the King's Majesty, whilst He was at Newcastle, in the years, 1646. and 1647. THe Estates of Parliament, considering the many sad and dangerous consequences that do accompany the neglect and contempt of lawful Authority; and that among the other Judgements, wherewith it pleaseth Almighty GOD to visit such who resist the Powers, and oppose the Commands of those entrusted by Him, as His Vicegerents, for the Government of His People, they are ofttimes left to their own counsels, to do that which highly provokes GOD to wrath, renders themselves justly odious to the world, and hateful to their posterity. Whereof there is too doolfull an experiment in an Act of the printed Records of Parliament, of the sixteenth of January, one thousand six hundred and forty seven, entitled, Declaration of the Kingdom of Scotland, concerning the King's Majesty's Person. Which being now taken into consideration, The Estates of Parliament do find and Declare, That it was carried on, and concluded by a prevalent party, against the judgement of many of His Majesty's Loyal Subjects; And that it is a most sinful, disloyal, and unworthy Act, contrary to the will and commandment of GOD; contrary to all Laws, Divine and Humane; contrary to the Duty and Allegiance of Subjects; contrary to all the rules of Justice, Honour, Gratitude and Humanity; and highly reflecting on the honour of this ancient Kingdom, and the reputation of His Majesty's good Subjects therein. And therefore, the King's Majesty, with advice and consent of His Estates of Parliament, doth hereby Annul and Condemn the same for ever: And Ordains it to be expunged out of all Records, and never to be remembered again, but with due abhorrence and detestation. And the Estates of Parliament, conceiving themselves obliged in conscience, to make the truth of this business, and the manner of the carrying of it, known to the World, for the just vindication of this Kingdom, and His Majesty's dutiful and loyal Subjects, who otherwise may seem to be comprehended and concluded in it. They do therefore, from their certain knowledge, Declare, That even in that Parliament (from which many of His Majesty's good Subjects were debarred, for their affection and adherence to His Majesty's Service and Commands) there was a considerable number of worthy Patriots, of all Estates, who, at the passing of that base Act, gave a public testimony and disassent from it, which is here Recorded for their due honour; and for which, their memory will in all ages receive a famous celebration. And that there were divers others, who, upon the pretexts of Reformation and assurances of the Safety of His Majesty's Person, being inveigled, were in the simplicity of their hearts drawn along for the time: But shortly thereafter, being convinced of their error, did embrace the first opportunity to expiate the same, by freely hazarding their lives and fortunes in the year one thousand six hundred and forty eight, to reedeem His Majesty from these restraints and dangers, which by that impious Act He was driven into. And therefore, His Majesty, with advice and consent foresaid, doth Declare, That the Act of Parliament foresaid, of the sixteenth of January, one thousand six hundred and forty seven, is not to be looked upon as the Deed of the Kingdom, but as the Act of a few disloyal and seditious persons, who, having upon specious, but false pretences, screwed themselves into the Government, did by force of Arms, keep the same; and from the conscience of their own guiltiness, being afraid of the justice of His Majesty's Government, did violently carry on that Act. And in further owning thereof, did, in the said year, one thousand six hundred and forty eight, rise in Arms, in opposition to those who endeavoured to restore His Majesty to His Government, and to relieve Him from the imprisonment and hazard He was then lying under, as the natural effects of that unworthy transaction, so justly hereby condemned. And for the further clearing of the sense of this Kingdom, as to that base and treacherous Act, and the aspersions, which have been thereupon raised, as if there had been previous Transactions and Bargains of Money for carrying on of the same, The Estates of Parliament Declare, They do abominat the very thought of any such thing; and that if at any time hereafter, there shall be discovery of any such wickedness, (which they are confident GOD Almighty will in His Justice bring to light, (if it be true) and wherein they earnestly entreat the concurrence of all His Majesty's dutiful and loyal Subjects) The persons guilty thereof, shall without mercy be pursued as the vildest of Traitors, and shall be incapable of the benefit of any Act of Pardon, Oblivion, or Indemnity for ever. XI. Act for taking the Oath of Allegiance, and asserting the Royal Prerogative. OUr Sovereign Lord, being truly sensible of the many sufferings and sad confusions, that His dutiful and loyal Subjects have been brought under, during these troubles; and desirous, that His Royal Government, in its due Administration, may be refreshing and comfortable unto them; And conceiving it for that end, and for the honour and advancement of His own Service, the welfare and happiness of His Subjects, and the peace and quiet of this Kingdom, That the places of public Trust (which be the Channels and Conduits by which His Majesty's Government is conveyed unto His People) be supplied and exerced by persons of known integrity, abilities and loyalty. Do therefore Declare, That it is, and will be, His Majesty's Royal care, that those whom (according to the undoubted Right of the Crown) He hath, or shall think fit to call to His Councils, or any public employments, shall be so qualified; And that for the full satisfaction of all His good Subjects, and for removing any scruples or jealousies, can arise upon this account, they shall before their admittance to, or exercise of, any such Trust, give such public testimony of their Duty and Loyalty, as may evidence to the world, they are such as the Kingdom and all honest men and good Subjects, may justly confide in. And therefore the King's Majesty, with advice and consent of His Estates of Parliament, Doth Statute and Ordain, That all and whatsoever person, or persons, who are, or shall be, nominat by His Majesty, to be His Officers of State, of His Privy-Council, Session, or Exchequer, Justice General, Admiral, Sheriffs, Commissars, and their Deputes, and Clerks, and all Magistrates and Council of Royal burgh's, at their admission to their several Offices, and before they offer to exerce the same, shall take and swear the Oath of Allegiance, hereunto subjoined. And also, that all other persons who shall be required by His Majesty's Privy-Council, or any having Authority from them, shall be obliged to take and swear the same. And since all the troubles and miseries that have overspread this Kingdom, and almost destroyed all religious and civil, all public and private interests, these twenty years bygone and upwards, have arisen and sprung from these invasions, that have been made upon, and contempts done to, the Royal Authority and Prerogative of the Crown, His Majesty conceives Himself obliged, both for His own Royal interest, and for the public interest and peace of His people, to be careful to prevent the like for the future. And therefore, His Majesty, with advice foresaid, Statutes and Ordains, that all persons, who are, or shall be, called to any public Trust, as said is, shall, beside the taking of the Oath of Allegiance, be obliged before they enter to their Offices and Trusts, to assert under their hand writing, His Majesty's Royal Prerogative, as is expressed in the Acts passed in this present Parliament, and in the manner hereunto subjoined: Certifying all such, as, being required, shall refuse or delay to take the Oath of Allegiance, they shall not only thereby render themselves uncapable of any public Trust, but be looked upon as persons dis-affected to His Majesty's Authority and Government; and such as shall refuse, or delay to assert His Majesty's Prerogative, in manner under-written, shall from thenceforth be uncapable of any public Trust within this Kingdom. Follows the Oath of Allegiance. I For testification of my faithful obedience to my most Gracious and redoubted Sovereign, CHARLES, King of Great Britain, France and Ireland, Defender of the Faith, etc. Affirm, testify and declare, by this my solemn Oath, That I acknowledge my said Sovereign only Supreme Governor of this Kingdom, over all Persons and in all Causes; And that no Foreign Prince, Power State or Person Civil or Ecclesiastic, hath any Jurisdiction, Power or Superiority over the same: And therefore I do utterly nenounce and forsake all Foreign Power, Jurisdictions and Authorities; and shall at my utmost power, defend, assist and maintain His Majesty's Jurisdiction foresaid, against all deadly, and shall never decline His Majesty's Power and Jurisdiction, as I shall answer to GOD. Follows the Acknowledgement of His Majesty's Prerogative. FOrasmuch as the Estates of Parliament of this Kingdom, by their several Acts of the eleventh and twenty fifth of January, last, have, from the sense of their humble duty, and in recognizance of His Majesties just Right, Declared, That it is an inherent Privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of this Kingdom, to have the sole choice and appointment of the Officers of Estate, Privy-Councellors, and Lords of Session; That the power of calling, holding and dissolving of Parliaments, and all Conventions, and Meetings of the Estates, doth solely reside in the King's Majesty, His Heirs and Successors: and that as no Parliament, can be lawfully kept, without the special warrant and presence of the King's Majesty, or His Commissioner; So, no Acts, nor Statutes, to be passed in any Parliament, can be binding on the people, or have the Authority and force of Laws, without the special approbation of His Majesty, or His Commissioner, interponed thereto at the making thereof; That the power of Arms, making of Peace and War, and making of Treaties and Leagues with Foreign Princes or States, or at home by the Subjects among themselves, doth properly reside in the King's Majesty, His Heirs and Successors, and is their undoubted Right, and theirs alone; And that it is high Treason in the Subjects of this Kingdom, or any number of them, upon whatsoever ground, to rise or continue in Arms, to maintain any Forts, Garrisons or Strengths, to make Peace or War, or to make any Treaties or Leagues with Foreigners, or among themselves, without His Majesty's Authority first interponed thereto; That it is unlawful to the Subjects, of whatsoever quality or function, to convocat, conveen or assemble themselves, for holding of Councils, Conventions and Assemblies, to Treat, Consult and Determine in any matters of State, Civil or Ecclesiastic (except in the ordinary Judgements) or to make Leagues, or Bonds, upon whatsoever colour or pretence, without His Majesty's special consent and approbation had thereunto; That the League and Covenant, and all Treaties following thereupon, and Acts or Deeds that do or may relate thereunto, are not obligatory, nor do infer any Obligation upon this Kingdom, or the Subjects thereof, to meddle or interpose by Arms, or any seditious way, in any thing concerning the Religion and Government of the Churches in England and Ireland, or in what may concern the Administration of His Majesty's Government there; And that none of His Majesty's Subjects, should presume, upon any pretext of any Authority whatsoever, to require the renewing or swearing of the said League and Covenant, or of any other Covenants or public Oaths concerning the Government of the Church or Kingdom; And that none offer to renew or swear the same, without His Majesty's special warrant and approbation, etc. I do conform to the Acts of Parliament aforesaid, Declare, That I do with all humble duty acknowledge His Majesty's Royal Prerogative, Right and Power in all the particulars, and in the manner aforementioned; and that I do hearty give my consent thereto, by these presents: Subscribed by me, at XII. Act concerning the Judicial proceed in the time of the late Usurpers. FOrasmuch since the year of GOD, one thousand six hundred and fifty one, the late Usurpers did take upon them to establish Judicatories, superior and inferior, within this Nation; as Judges for Administration of Justice, in place of the Judicatory of the Session formerly established by Law, Commissioners for the Admiralty, Sheriffs of Shires, Commissars, Justices of Peace, and other inferior Courts. In which Courts, the people did in name of the Usurpers, or under the notion of the Keepers of the Liberties, prosecute and defend their several Causes and Interests, these many years past. And His Majesty, considering that the matters agitate, pursued and concluded, were for the most part, things of course, belonging to the ordinary Judicatories formerly established in this Kingdom; and being unwilling that the people should be put to any further trouble, where Matters have been acted, and Cases determined, according to Law: Therefore, His Majesty, with consent of the Estates of Parliament, Declares, That all and whatsoever Acts, Interloquiters, Decreets and Sentences, made, pronounced and given forth by the saids Courts, superior and inferior, with all execution thereupon, and all execution by Horning, Inhibition, Caption, Comprising, poinding and others, to have been, and to be, valid, and stand in full force, notwithstanding of the unlawfulness of the Authority, by which these Courts were held, and the execution used: But because the Judges or Commissioners for Administration of Justice, did sometimes proceed in an arbitrary way, contrair to Law and Justice; and at other times, many of them being strangers and ignorant of the Law, did proceed unwarrantably and unjustly betwixt parties. Therefore, His Majesty, with consent foresaid, doth Declare, That whatsoever person or persons, hath any just reason to quarrel their Acts, Interloquiters, Decreets and Sentences, they are hereby warranded and allowed to do the same, without any Reduction or Suspension, within the space of one year, next after the down-sitting of the Session: And if parties complainers be Minors, within the space of year and day, next after they shall attain the age of twenty one years complete, Parties always being lawfully cited thereto. And if any person or persons, be charged under the pain of Horning, Suspension shall be granted to them upon Caution, or if they be not able to find Caution, super cautione Juratoria. And if it shall be found, that the Complainer doth, without any just ground, unnecessarly vex the party complained upon, in that case, the Lords of the Session are hereby authorized, to determine the party's damage, and charges to be paid by the unjust Complainer. Likeas, all Decreets before the said's pretended Commissioners for Administration of Justice, whether given in absence, or parties compearand, are hereby allowed to be brought in question, revised and recognosced, in manner foresaid. And whereas there be many Processes as yet depending undecided, upon Summons and Letters raised in the saids Usurpers names, the same Processes shall be all wakened in His Majesty's Name, and be put to a final close by the Lords of Session, as if they had been intended from the beginning, in His Majesty's Name and Authority. And whereas, any Acts or Decreets have been made or given forth in the Admiral Courts, or any other inferior Courts, the same may be brought in question before the Lords of Session, in the same form and manner as was formerly established by the Law and Practic of this Kingdom. And forasmuch as the said Usurpers, did from time to time, nominate and appoint Commissioners of Exchequer, having the same power to pass all sorts of Writs, Signators and others, and to discuss Processes and Suspensions, in the same manner as His Majesty's Treasurer and Commissioners, appointed by His Majesty, had power to do; Therefore, His Majesty, with advice and consent foresaid, for the good and case of His people (under the provisions underwritten) doth Declare, all and whatsoever Writs, Gifts, Signators of whatsoever nature and quality they be of, past and exped the Privy great and quarter Seals respective, or past according to pretended Orders for the time, when there were no Seals, to be of full force and effect; Providing always, that where any Signators were passed in Exchequer under the Usurpers, and the Composition paid, and yet not past the Seals, the same shall be presented and passed in Exchequer, de novo, if there be reason therefore, without any Composition; and where Resignations only have been made upon Procuratories in the Usurpers time, Signators may without new resignation pass thereupon. It is also provided, that this Act be no ways extended to new Gifts of Lands, Teinds and others, passed to the prejudice of His Majesty, nor to Gifts of Bastardy, or ultimus Haeres, unless the same be of new ratified and approven by His Majesty's Treasurer and Commissioners of Exchequer, nor to any other Gifts, Confirmations, Charters upon Resignation, where the said's Gifts, Confirmations and Charters were made and granted, in prejudice of any person or persons, who had former Rights granted unto them by His Majesty, or His Royal Father of blessed memory, under their Seals, or past their Royal Hands. And generally providing, that all and whatsoever Gifts, Grants, Commissions, Charters and other Writs whatsoever, passed in Exchequer, and through the Seals in the Usurpers time, and all and whatsoever Acts and Sentences pronounced and given forth by them, shall, and may, be called in question at the instance of any of the people, who may pretend to have been unjustly wronged and prejudged thereby: And that upon complaints to be given in to His Majesty's Treasurer and Commissioners of Exchequer, wherein they shall have power to determine, as they shall think just and reasonable. XIII. Act and offer of Forty thousand pounds Sterling, to be paid to the King's Majesty yearly, during His life-time, by this Kingdom. THe Estates of Parliament, taking to their consideration, the great happiness this Kingdom hath in former time enjoyed, under the Government of His Majesty's Royal Ancestors, with the miseries and bondage, which by the neglect and contempt of the Authority, and commands of His Royal Father of blessed memory, it hath groaned under, during these twenty three years troubles. And that the King's Majesty, hath been graciously pleased (notwithstanding of all the provocations given to Himself and His Royal Father) to evidence His affection and favour to this His ancient Kingdom, comforting and reviving it, by the Rays of His Royal Government and Authority, under the protection of which, the just Liberties, Freedom and Interest of this Kingdom, and the Subjects thereof, are, and can only be, secured; Do with all humble duty, thankfulness and sincerity, acknowledge His Majesty's unparallelled Grace and Goodness. And that as their happiness doth depend upon the Safety of His Majesty's person, and the establishment and exercise of His Royal Authority and Greatness: So this Kingdom, will be ready at all occasions, to offer their Lives and Fortunes against all deadly, in every cause, wherein His Majesty's Person, Authority, Prerogative, or Government may be concerned. And seeing, for the due establishment of His Majesty's Authority, and settling and securing the peace of this Kingdom, His Majesty may have occasion for some time, to raise and keep some Forces within the Kingdom; and that the late troubles, will at present, necessitate a greater expense, for support of the Royal Government then formerly, and that His Majesty hath signified His resolution, not to raise any more Sess; Therefore, and from the due sense of their duty and obligations, the Estates of Parliament, Do in name of this Kingdom, make humble and cheerful offer to His Majesty, of a yearly Annuity, of Forty thousand pounds Sterling, during all the days of His Majesty's life-time; which they pray may be long and prosperous, that this Kingdom may have further occasion, to let the world know, they do above all things, hate the very thoughts of disloyalty, and that no people under Heaven, can express more duty and obedience to the Authority and Commands of their Sovereign, than they are, and will be ready to do. XIV. Act for raising the Annuity of Forty thousand pounds Sterling, granted to His MAjESTY. THe Estates of Parliament, in pursuance of their Act, of the date the twenty two day of this instant; whereby they have made offer to His Majesty of the sum of Forty thousand pounds Sterling yearly, during all the days of His Majesty's life-time, towards the entertainment of any such Forces as His Majesty shall think fit to raise and keep up within this Kingdom; or otherways towards the defraying of the necessary charge of His Government, according to His Royal pleasure; Appoints and Ordains the said sum of Forty thousand pounds Sterling, being Four hundred fourscore thousand pounds Scots money, to be raised, levied, collected and paid, in manner under-written; viz. Ninety six thousand pounds Scots thereof to be raised yearly off the Inland Salt and Foreign Commodities aftermentioned; To wit, threescore twelve pounds Scots upon ilk Tun of Spanish Wine, Rhenish Wine, Canary, Malvesie, and all other Wines of the like kind; forty eight pounds money foresaid, upon ilk Tun of French Wine, and twelve pennies money foresaid, upon ilk pint of Vinegar; six pounds upon ilk Barrel of imported Soap; forty shillings upon ilk Boll of Foreign Beysalt, and Salt upon Salt, Linlithgow Measure; twenty shillings upon ilk Boll of imported White-salt, and fifteen shillings upon ilk Boll of Inland Salt, measure foresaid: But prejudice nevertheless to the present Tacks-men of the Foreign and Inland Salt, during the time set to them by the Commissioners of Excise, to exact the Rates therein mentioned: twelve pennies money foresaid, upon ilk pound of Tobacco, imported by the Natives of this Kingdom, from the Tobacco Plantations, and three shillings upon ilk pound imported thence by Foreigners. Item three shillings upon each pound of Tobacco, imported by the Natives of this Kingdom, from any other place then the foresaids Plantations, and six shillings upon ilk pound imported by Foreigners; twelve shillings upon ilk Ell of Cloth imported into this Kingdom above six pounds the Ell, and six shillings upon ilk Ell of imported Cloth at or below six pounds the Ell; six shillings the Ell upon all sort of imported Searges; three shillings upon ilk Ell of Castilians, or other imported worsted Stuffs whatsoever; three shillings upon ilk Ell of all sorts of imported hair Stuffs whatsoever; three pounds twelve shillings upon the Piece of ilk Baver-hat; one pound six shillings upon ilk Demy-baver and Vigon, and twelve shillings upon the Piece of all other sorts of Hats imported into this Kingdom; one pound sixteen shillings upon the dozen of all imported worsted Stockings; twelve shillings upon the pair of double Stag-gloves; six shillings upon the pair of single Stags and Cordivans; three shillings upon ilk pair of Kids, Sheep and Lamb Leather, and all other sort of Gloves; one pound sixteen shillings upon ilk Trunk of the largest size; one pound four shillings upon ilk Trunk of middling size; twelve shillings money foresaid upon ilk Leather Male of the largest size; six shillings upon ilk Leather Male of middling size, imported into this Kingdom, and one shilling, all Scots money foresaid, upon the pound value of all other Foreign Commodities (except the particulars after excepted) to be paid by the Retailer: that is to say, The first Buyer of the said's Commodities from the Importer or Salt-maker of Inland Salt, or by the said's Importer or Salt-makers, for what they shall either make use of themselves, or sell out in Parcels. Item twenty shillings upon ilk Horse; eighteen shillings upon ilk Cow, and two shillings money foresaid upon ilk Sheep imported into this Kingdom, to be paid by the Importer thereof. The particular ordering and regulating of the which Excise of the Commodities above-written, is hereby remitted to the Commissioners of Excise, who are to put the same in Farm or Collection to the best avail. Provided always, likeas it is hereby expressly provided, that the Foreign Commodities aftermentioned; viz. All Salt employed upon Barrelled fish, whether transported out of this Kingdom or made use of within the same; All Pitch, Tar, Cordage, Cork, Nets, Iron, Copper, Brass, Tinn unmade, Pot-ashes, Oil, and all other ingredients for Soap; all Flax, Hemp and Hops, untwined Silk; all Materials for dying; all Deals, Trees, Stings for Coupers, Knapl, Wainscot, Planks, and Oak-wood whatsoever for shipping; all Barrelstaffs or Materials whatsoever for fishing; all Suggars brought from the Plantations in Scots-bottomes; all unfined Suggar, brought from any place: As also, all Materials for Manufactures, as Spanish and Sigovia Wool and others, are and shall be free of any Excise imposed by virtue of this present Act. And the remainder of the foresaid four hundred fourscore thousand pounds Scots money, being three hundred eighty four thousand pounds, to be raised out of the Bear, Ale, Aquavitae and Strongwaters, at the rate of two marks Scots upon ilk Boll of Malt, brewed and sold within this Kingdom; three shillings money foresaid upon ilk pint of Aquavitae or Strongwaters not made of Malt, brewed and sold within this Kingdom; six shillings upon ilk pint of Foreign Aquavitae or Strongwaters, and twelve shillings upon ilk Barrel of imported Bear: And what this imposition shall be short of the quota of Excise, imposed upon the several Shires and burgh's by the List under-written, the same to be supplied by the said Shires and burgh's, in lieu of the Malt brewed in their own houses, in manner . Likeas, it is hereby declared, that the said several Shires and burgh's shall be, and are by these presents liable in the payment of the respective Monthly proportions under-written, viz. The Sheriffdom of Edinburgh principal (the Town of Edinburgh and pertinents excepted) in the sum of two thousand six hundred threescore four pounds, Scots money foresaid, monthly. The Town of Edinburgh, comprehending Cannongate, South and North-Lieth, with the whole pendicles and pertinents, in the sum of three thousand seven hundred thirty two pounds. The Sheriffdom of Haddingtoun, and burgh's within the same, in the sum of one thousand six hundred fourscore fifteen pounds. The Sheriffdom of Berwick, comprehending the Bailery of Lauderdaile and burgh's within the same, in the sum of six hundred ten pounds sixteen shillings. The Sheriffdom of Roxburgh and burgh's within the same, in the sum of seven hundred fourscore four pounds sixteen shillings. The Sheriffdom of Selkirk and burgh's within the same, in the sum of one hundred fifty three pounds ten shillings. The Sheriffdom of Peibles and burgh's within the same, in the sum of one hundred thirty seven pounds ten shillings. The Sheriffdom of Lanerick and burgh's within the same, (Glasgow excepted) in the sum of nine hundred threescore eight pounds eight shillings. The Town of Glasgow, in the sum of one thousand seven hundred forty four pounds four shillings. The Sheriffdom of Dumfrieze and burgh's within the same, in the sum of five hundred threescore sixteen pounds. The Sheriffdom of Wigtoun and burgh's within the same, in the sum of two hundred four pounds twelve shillings. The Stewartrie of Kirkcudburgh and burgh's within the same, in the sum of three hundred forty eight pounds. The Sheriffdom of Air and burgh's within the same, in the sum of one thousand six hundred threescore fifteen pounds sixteen shillings. The Sheriffdom of Dunbartoun and burgh's within the same, in the sum of one hundred fourscore fourteen pounds. The Sheriffdom of Bute and burgh's within the same, in the sum of fifty seven pounds. The Sheriffdom of Renfrew and burgh's within the same, in the sum of four hundred fifty seven pounds four shillings. The Sheriffdom of Stirling and burgh's within the same, in the sum of nine hundred twenty pounds eight shillings. The Sheriffdom of Linlithgow and burgh's within the same, in the sum of seven hundred fourscore nineteen pounds four shillings. The Sheriffdom of Pearth and burgh's within the same, in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings. The Sheriffdom of Kincairden and burgh's within the same, in the sum of three hundred threescore three pounds twelve shillings. The Sheriffdom of Aberdeen and burgh's within the same, in the sum of two thousand five hundred and eighteen pounds nineteen shillings. The Sheriffdom of Bamff and burgh's within the same, in the sum of three hundred fourscore seven pounds three shillings. The Sheriffdom of Innerness and burgh's within the same, in the sum of six hundred fourscore fourteen pounds eight shillings. The Sheriffdoms of Elgin and Nairn and burgh's within the same, including that part of the Paroch of Ferin-tosh, which pertains to the Sheriffdom of Nairn, in the sum of five hundred thirty six pounds four shillings. The Sheriffdom of Cromarty and burgh's within the same, in the sum of thirty pounds. The Sheriffdom of Argyle and burgh's within the same, in the sum of one hundred fourscore thirteen pounds sixteen shillings. The Sheriffdoms of Fife and Kinross and burgh's within the same, in the sum of four thousand fourscore eight pounds eight shillings. The Sheriffdom of Forfar and burgh's within the same, except as is after excepted, in the sum of one thousand fourscore four pounds four shillings. The Town and Paroch of Dundee, with the Miln and Miln-lands thereof, in one thousand one hundred threescore two pounds four shillings. The Sheriffdom of Sutherland and burgh's within the same, in the sum of threescore twelve pounds twelve shillings. The Sheriffdom of Kaithness and burgh's within the same, in the sum of one hundred thirty three pounds four shillings. The Sheriffdoms of Orknay and Zetland and burgh's within the same, in the sum of one hundred fourscore thirteen pounds sixteen shillings. The Sheriffdom of Clackmannan and burgh's within the same, in the sum of two hundred forty two pounds two shillings. The Sheriffdom of Ross and burgh's within the same, in the sum of two hundred and four pounds. And if the Excise imposed upon the Inland Salt and Foreign Commodities, shall exceed the foresaid sum of ninety six thousand pounds, appointed by this Act to be raised off the same, than the superplus to be employed and made use of, by such as shall be entrusted by His Majesty with that affair, for the relief of such Shires and burgh's, as they shall find to be overburdened, or disproportionat by the foresaid List. And for the better and more speedy inbringing and payment of the said three hundred and eighty four thousand pounds, the King's Majesty, with advice and consent of His Estates of Parliament, nominates, appoints, and ordains the persons under-written, to be Commissioners within the respective Shires and burgh's for regulating, ordering and uplifting of the said Excise; viz. Edinburgh. For the Sheriffdom of Edinburgh principal, the Town of Edinburgh and pertinents excepted, _____ Lord Ramsay, Walter Lord Torphichen, James Lord Forester, Sir James Fouls of Collingtoun, the Lairds of Haltoun elder and younger, Sir John Wanchop of Nidrie, Sir Alexander Dalmahoy of that ilk, Sir John Nicolson of Poltoun, Sir James Dundas of Arnistoun, Sir John Couper of Gogar, Adam Cunningham of Woodhall, George Fouls of Ravelston, Sir John Fouls his son, Mr. John Young of Leny, Mr. Robert Prestoun of Prestoun, Patrick Hamiltoun of Prestoun, Sir William Murray Master of work, Mr. Laurence Scot of Bavilla, James Boyd of Temple, Sir Robert Murray of Cameron, Mr. Alexander Fouls of Ratho, Sir John Smith of Grothill, Edward Edgar of Peper-milne, John Biggar of Wolmet, _____ Doby of Stainie-hill, Mr. William Little of Over Libertoun, Sir John Gibson of Adestoun, Mark Kerse younger of Cockpen, Mr. Robert Dalgleish of Louristoun, Sir Thomas Thomson of Dudinstoun, Sir William Murray of Newtoun, Henry Elphingston of Calderhall, _____ Ramsay of Whythill, Thomas Craig of Rickertoun, William Murray of Long-harmistoun, Alexander Calderwood in Dalkeith, the eldest Bailie of Musleburgh for the time being. For the Town of Edinburgh, the Magistrates and Council for the time being. Haddingtoun. For the Sheriffdom of Haddingtoun and burgh's within the same, William Earl of Roxburgh, John Earl of Haddingtoun, John Earl of Tweddal, Alexander Viscount of Kingstoun, John Lord Belhaven, Sir Robert Dowglas of Blaikerstoun, _____ Hepburn of Wauchtoun, _____ Ruthven of Dunglass, Sir Peter Wedderburne of Gosfurd, Frances Kinloch of Gilmertoun, Mr. Alexander Hay of Baro, Mr. John Hay of Aberlady, Mr. Cornelius Inglis of Eastbarnes, James Lawder Baily in Dunbar, William Seatoun Provost of Haddingtoun, Sir James Hay of Lindplumb, Sir Robert Hepburn of Keith, George Cockburn Tutor of Ormestoun, Sir Thomas Hamiltoun of Prestoun, Sir Alexander Morison of Prestongrange, John Seatoun of Saintgermen, Sir James Durham of Luffness, George Hoom of Ford, _____ Leadingtoun of Saltcoats, _____ Hepburn of Smeitoun, _____ Baily of North-Berwick, Alexander Cockburn. Linlithgow. For the Sheriffdom of Linlithgow and burgh's within the same, William Duke of Hamiltoun, George Earl of Linlithgow, Walter Lord Torphichan, Sir Archibald Stirling of Carden, Thomas Drummond of Rickertoun, Sir James Stewart of Kirkhil, Mr. Archibald Campbel of Kinpount, Mr. John Fairholm of Craigiehall, William Sharp of Houstoun, Robert Hamiltoun of Dechmond, Sir Robert Drummond of Meidhop, George Drummond of Carloury, James Dundas of Mortoun, Mr. John Stewart of Ketlestoun, Mr. Thomas Hamiltoun of Parklie, Mr. John Hay of Woodcockdeal, Mr. Andrew Keir in Borroustonness, Mr. James Hamiltoun of Westport, Thomas Hamiltoun of Bathgate, Patrick Murray of Levingstoun, Mr. William sandiland's of Hilderstoun, Alexander Levingstoun of Craigingall, such of the Magistrates of Linlithgow for the time being as are not Brewers, Archibald Wilson in Queensferry. Pearth. For the Sheriffdom of Pearth and burgh's within the same, James Marquess of Montrose, John Earl of Athol, James Earl of Tulibardin, Patrick Earl of Kinghorn, David Viscount of Stormont, James Lord Drummond, James Lord Couper, David Lord Lour, David Lord Madertie, Thomas Lord Ruthven, James Lord Rollo, Patrick Mr. of Grace, Mungo Murray of Gairth, Sir John Drummond of Burn-bank, Sir John Moncrief of that ilk, John Campbel of Glenurquhay, Sir John Chisholm of Cromlicks, Sir James Drummond of Machany, Sir Thomas Stewart of Gairntullie, Sir William Stewart of Innereytie, Sir George Prestoun of Valefield, Sir Robert Nairn of Strathourd, Sir William Graham of Braco, Sir James Merser of Adie, Sir Gilbert Stewart of Pilcaik, Robert Murray of Abercairny, Alexander Meinzies of that ilk, Thomas Meinzies of Inchaiffray, Patrick Graham of Inchbraikie, Mr. John Nairn of Muckersie, Robert Meinzies of glassy, Robert Buchannan of that ilk, Mr. David Kinloch of Bandoch, Henry Stirling of Ardoch, John Kinloch of Gourdie, George Hay of Kirkland, George Hay of Balhousie, Laurence Oliphant of Bacheltoun, William Murray fire of Ochtertyre, Patrick Raitray of Craighall, John Campbel of Fordie, William Blair of Kinfains, Robert Murray of Buchantie, William Ogilvie of Mury, David Drummond of Innermey, Henry Murray of Lochlene, Andrew Tosheoch of Monivaird, George Graham of Monzy, Patrick Stewart of Ballenhane, Mungo Graham of Gorthy, Robert Campbel of Glenlyon, Alexander Robertson of Strowan, Alexander Stewart of Fosse, John Nairn of Seggiedene, John Blair of Edblair, John Stewart of Sheirglass, Alexander Robertson of Lud, John Henderson of Brabster, Duncan Robertson of Auchleikis, John Stewart of Belnakeilie, Andrew Small of Dirninean, Alexander Robertson of Douney, James Ogilvie of Muretoun, Peter Hay of Leyes younger, Patrick Hay of Pitfour younger, Donald Robertson of Belnacraig, _____ Spalding of Askintullie, Mr. John Patterson of Benchellis, William Prestoun of Valefield younger, Mr. Hugh Moncrief of Tibbermalloch, Sir David Carmichael of Balmedie, Hugh Mitchel of Kinkarrochie, John Robertson of Fornocht, Mr. John Drummond of Lenoch, James Gourlay in Culross, the Provost, Baylies, Dean of Gilled, and Treasurer of Pearth, for the time being, the Baylies of Culross for the time, Gilbert Campbel of Keathick, John Graham of Balgown, Sir Laurence Oliphant of Gask, George Campbel of Crunane, Gilbert Ramsay of Bamff, William Murray of Keillor, Mitchel Balfour of Pirmaden, _____ Campbel of Glenampil, James Grace of Balligerny, Thomas Turnbull of Bogemilne, William Kinmont of Hill, Alexander Lindsey of Evelick, George Murray of Tibbermure, Mr. Alexander Malloch of Cairnies, William Moncrief of Kintullo, Mr. John Moncrief of Culfargie, John Moncrief of Easter-Moncrief, Sir William Auchinleck of Balmano, William Bruce of Fingask, Robert Graham of Cairny, Patrick Butter of Gormak, Sir Alexander Blair of Balthiack. Roxburgh. For the Sheriffdom of Roxburgh and burgh's within the same, William Earl of Roxburgh, John Earl of Haddingtoun, _____ Earl of Lothian, _____ Lord Cranstoun, Sir Archibald Dowglass of Cavers, Sir Gilbert eliot of Stobs, Sir William Scot of Harden, Sir Gidcon Scot of Haychester, Sir Thomas Ker of Cavers, Robert Ker of Gaitshaw, Robert Ker of Crailinhall, Henry Mackdowgal of Mackcairstoun, John Rutherfoord of Edgerstoun, Mr. Gilbert eliot of Craigend, Patrick Scot of Thirlestain, John Ker of Elishuch, James Linlithgow of Drygrange, William Ker of Sunderlandhall, Henry Ker of Lintoun, John Turnbul of Minto, Robert Pringle of Stitchel, John Scot of Gorrenberry, Robert Ker of Graden, Robert Scot of Harwood, Robert Pringle of Cliftoun, Mr. John Scot of Langshaw, Alexander Done of Newtoun, Gavin eliot of Grange, Andrew Ker of Littledain, and Patrick Done John Rutherfood Provost of Jedburgh, and John Rutherfoord Baily. Selkirk. For the Sheriffdom of Selkirk and burgh's within the same, John Murray of Philliphauch, Thomas Scot of Whitslaid, Sir Thomas Ker of Fairnely, the Laird of Whitebank elder, John Riddel of Haining, William Scot of Sintoun, William Scot of Hartwood-myres, William Scot of Tushelaw, John Murray of Eschesteil, John Scot of wol, Patrick Murray of Helmburne, Thomas Scot of Todrig, John Scot of Langhop, Andrew Scot of Bowhill, Mr. John Angus and Robert eliot in Selkirk. Lanerick. For the Sheriffdom of Lanerick and burgh's within the same, William Duke of Hamiltoun, _____ Earl of Carnwath, _____ Lord Fleming, Sir James Lockhart of Lee, Sir William Bailyie of Lamingtoun, Sir Robert Hamiltoun of Silvertounhill, William Lindsey of Covingtoun, Sir Thomas Hamiltoun of Prestoun, Sir James Murehead of Lachop, Sir William Weir of Stane-byres, Sir James Hamiltoun of Orbestoun, Gavin Hamiltoun of Raploch, James Hamiltoun of Dalʒel, Sir Walter Stewart of Allentoun, Alexander Hamiltoun of Haggs, John Ballentyne of Corehouse, Sir James Carmichael of Bonnietoun, James Hamiltoun of Woodhall, Thomas Stewart of Cultness, James Stewart of Turrens, William Inglis of Eastsheil, Alexander Meinȝies of Culterawes, John Roberton of Earnock, Mr. Archibald Fleming of Fairne, Mr. ARchibald Roberton of Bedlay, Claud Bailyie of Baigbie, William Lindsay of Belstain, Robert Chancellor of Sheilhill, William Bailyie of Littlegil, James Murehead of Bradysholme, John Weir of Clouburn, James Cleland of that ilk, Samuel Lockhart of _____ Mr. John Hamiltoun of Grene, Walter Lockhart of Kirktoun, James Hamiltoun Commissar of Lanerick, Mr. Henry Scot of Mosfennane, and James Threipland of _____ two of the Magistrates of Lanerick for the time being, and two of the Magistrates of Rutherglen for the time being. For the Town of Glasgow, which is excepted out of the Sheriffdom of Lanerick, the Magistrates and Council for the time being. Drumfries. For the Sheriffdom of Drumfries and burgh's within the same, Robert Earl of Nithisdail, James Earl of Queensberry, Gavin Earl of Carnwath, James Earl of Annandail, William Lord Drumlangrig, Robert Fergusson of Craigdonnoch, James Hunter of Ballagen, Sir Robert Murray of Glenmure, Robert Dalʒel younger of Glenie, James Crightoun of St. leonard's, Robert Maxwel of Cairnselloch, Gilbert Richart of Barskinning, William Dowglas of Mortoun, James Johnstoun of Corcheid younger, Sir James Johnstoun of Westerhall, John Irwing, Provost of Drumfries, James Greir Tutor of Lag, Ambrose Johnstoun of Podein, John Scot of Newburgh, Christopher Johnstoun of Burnegleif, Hugh Sinclair of Inglestoun. Air. For the Sheriffdom of Air and burgh's within the same, William Earl of Glencairn, Lord High Chancellor of Scotland, Hugh Earl of Eglintoun, John Earl of Lowdoun, William Earl of Drumfries, James Lord Kilmares, Alexander Lord Montgomery, John Lord Machline, _____ Lord Creightoun, Allan Lord Cathcart, William Lord Boyd, John Lord Bargenie, William Lord Cochrane, William Master of Cochrane, Sir Robert Montgomery of Skelmorlie Baronet, Sir David Cunningham of Robertland Baronet, John Blair of that ilk, Sir William Moor of Rowaland, Robert Montgomery of Hessilheid, James Dunlop of that ilk, David Montgomery of Langshaw, Robert Ker younger of Kersland, John Cunningham of Bedland, David Boyl of Kelburne, John Montfod of that ilk, Sir Hugh Campbel of Cesnock, Sir James Dalrimple of Stair, John Chambers of Gaitgirth, John Cochran of Ochiltry, David Boswel of Auchinleck, James Crightoun of St. leonard's, David Blair of Adamtoun, James Crightoun of Castlemains, Gilbert Ritchie of Barskimine, _____ Cunningham of Privick, William Campbel of Glaisnock, _____ kennedy of Culen, _____ Mure of Achindrain, _____ kennedy of Kirkmichael, Thomas kennedy of Balterssan, _____ Boyd of Trochreg, James Crawford of Ardmillon, and _____ kennedy of Cragoch, the Provost and Baylies of Air for the time being, and the Provost and two first Baylies of Irwin for the time being. Dunbartoun. For the Sheriffdom of Dunbartoun and burgh's within the same, _____ Lord Fleming, Sir John Colquhoun of Luss, John Naper of Kilmahew, Robert Hamiltoun of Barnes, Sir Humphrey Colquhoun of Balvey, William Bontin of Ardoch, John Semple younger of Fulwood, Aulay Mackaulay fire of Ardincapill, Archibald Stewart of Scottistoun, James Fleming of Oxgang, Mr. James Fleming of Baloche, Major George Noble, Walter Watson, John Cunningham, Robert Watson, and John Smollat Burgesses of Dunbartoun. Argyle. For the Sheriffdom of Argyle and burgh's within the same, the Laird of Glenurquhay, Sir Dougal Campbel of Auchinbreck, Donald Campbel of Barbreck, Sir James Lawmont of Inneryne, Alexander Macknachtan of Dunderave, Archibald Campbel of Kilmun, Sir Hugh Campbel of Caddel, john Mackdowgal of Dunolichie, Colein Campbel of Lochnazel, Duncan Stewart of Apyne, Murdoch Macklean of Lochbowie, Hector Macklean of Corloisk, Archibald Campbel of Glencarradel, _____ Mackdonnal of Largy, Hector Mackaleister of Loup, Colein Maclauchlan Captain of Inshconnel, Archibald Campbel Factor of Ila, Dougal Campbel of Bail, Duncan Campbel Baily of Kintyre, the Provost and Baylies of Inverary for the time being, and George Campbel. Fife and Kinross. For the Sheriffdoms of Fife and Kinross and burgh's within the same, John Earl of Crawford Lindsey Lord high Treasurer, John Earl of Rothes Precedent of the Council, _____ Earl of Kelly, _____ Earl of Weymes, _____ Viscount of Stormont, _____ Lord Balgony, _____ Lord Sinclair, _____ Lord Burghly, _____ Lord Melvil, William Scot of Ardross, Sir Philip Anstruther of that ilk, Sir Thomas Gourlay of Kincraig, Sir David Auchmouty of that ilk, Sir John Weymes of Bogic, Mr. Alexander Mertein of Strainery, Sir Alexander Gibson of Dury, Patrick Lindsey of Wormestoun, Sir John Lesly of Newtoun. _____ Young of Kirtoun, Sir Henry Wardlaw of Pitrevy, Sir James Hacket of Pitfirrin, _____ Arnot of Fairny, Mr. David Balfour of _____ Andrew Murray of Pitlochie, Sir Andrew Ramsay of Abbotshall, William Pitcairn of Forfar, _____ Lindsey of Dowhill, Alexander Bruce Brother to the Earl of Kincairn, _____ Lindsey of Mouth, john Ramsay of Brackmont, _____ Lindsey of Kirkforfar, James Clerk of Pettincrief, Alexander Bruce of Broomhall, Andrew carstair's Burgess of St. Andrews, William Simson Burgess of Disert, John Williamson Burgess of Kirkaldy, George Turnbull Burgess of Couper, Alexander Black Burgess of Anstruther Easter, Peter Oliphant Burgess of Anstruther Wester, James Moncrief Burgess of Crail, David Seatoun Burgess of Bruntisland, Thomas Thomson Burgess of Innerkeithen, Robert Cunningham Burgess of Kinghorn, Peter Walker Burgess of Dumfermling, Thomas Peacock Burgess of Kilreny, and Walter Airth Burgess of Pettenweyme. Wigtoun. For the Sheriffdom of Wigtoun and burgh's within the same, james Earl of Galloway, Alexander Lord Garlies, Andrew Agnew appearand of Lochnau, Thomas Dunbar of Mochrum, Patrick Mackdowald of Logan, William Stewart of Castilstewart, Uchtrick Mackdoval of Freuch, William Gordoun of Craichlaw, Sir james Dalrimple of Stair, David Dumbar of Baldon, Alexander Macculloch of Ardval, john Murray of Brughtoun, john Howstoun of Drummastoun, William Stewart of Egirness, George Stewart of Tuderghie, William Macguffock of Alterry, Thomas Stewart of Glentark, Richard Murray of Brughtoun younger, john Macculloch of Myrtoun. Stewartry of Kirckudburgh. For the Stewartry of Kirckudburgh and burgh's within the same, Robert Earl of Nithisdail, james Earl of Galloway, Robert Viscount of Kenmure, Alexander Lord Garlies, john Lord Herris, john Lord Kirkudburgl, Robert Master of Herris, john Herris of Maybie, Sir james Murray of Babertoun, David Macbrair of Newark, William Maxwel of Kirkhouse, Mr. Alexander Spotswood of Sweetheart, Mr. Thomas Hay of Lands, james Maxwel of Braikenside, Roger Gordoun of Troquhen, William Gordoun of Schirrirners, Mr. William Gordoun of Earlestoun, Robert Maxwel of Orchartoun, William Mackleland of Collen, George Maxwel of Munshes, Richard Murray of Broughtoun, Alexander Mackghie of Balmackghie, William Greirson of Bargaton, john Corsan of Sannick, Gilbert Brown of Kempiltoun, john Dunbar of Machirmore, john Mure Tutor of Cassincarie, Patrick Mackie of Larg, Andrew Herroun of Kiruchtrie, and john Ewart of Mullack, the Provost and Baylies of Kirkudburgh for the time being, and the Provost of Newgalloway for the time being. Peibles. For the Sheriffdom of Peibles and burgh's within the same, John Earl of Traquair, John Earl of Tweddal, the Lairds of Blackbarronie elder and younger, William Murray of Stainhope, Sir John Vaitch of Daick, John Vaitch his son, Sir Michael Naesmith of Possa, Sir Robert Murray of Skirling, Robert Hunter of Polmude, William Horsburgh of Horsburgh, Walter Murray of Halmyre, Adam Murray of Cardon, James Geddes of Kirkurd, John Murray of Romano, Mr. John Dickson of Witsleed, Alexander Bailyie of Flemingtoun-milne, Mr. John Hay of Haystoun, George Tait of Pirne, Mr. William Burnet of Cringeltie, George Brown of Scotstoun, William Brown of Steunson, James Lawson of Cairnmure, William Goven of Cardrona, _____ Hamiltoun of Caldcoat. Bute. For the Sheriffdom of Bute and burgh's within the same, William Duke of Hamiltoun, Sir James Stewart Sheriff of Bute, Dougal Stewart his son, Hector Bannatine of Beams, Ninian Stewart of Kilcatten, Ninian Stewart of Ashboag, John Stewart of Ardinho, John Hamiltoun Baily of Arran, William Hamiltoun of Coats, James Stewart of Kiniwhinlick, and john Glask of Branser, the Provost and Baylies of Rothsay for the time being. Stirline. For the Sheriffdom of Stirline and burgh's within the same, William Duke of Hamiltoun, james Marquis of Montrose, _____ Earl of Wigtoun, james Earl of Callender, _____ Lord Fleming, james Lord Forester, Alexander Levingstoun Nevoy to the Earl of Callender, Sir William Levingstoun of Westquarter, Sir Robert Elphingstoun of Quarrel, Normand Levingstoun of Milnehil, Mr. Andrew Oswald of Dalderse, john Rollo of Woodside, William Bruce of Newtoun, Thomas Elphingstoun of Catherhal, john Murray of Polmais, james Seatoun of Touch, Sir john Rollo of Bannackburne, Sir Charles Erskin of Alva, William Stirline of Herbertshire; Alexander Monro of Bearcrofts, Sir james Levingstoun of Kilsith, _____ Hamiltoun of Pardewie, john Stirline of Bankel, Sir George Stirline of Keir, Sir Mungo Stirline of Glorat, _____ Buchannan of that ilk, Alexander Glass of Coltinghoofe, Sir john Stirline of Carden younger, Walter Leckie of Deshors, john Leckie of that ilk, Alexander Cunningham of Bowhan, and Mr. Alexander Nairn of Easter-Greenyards, the Provost Baylies, Dean of Gilled, and Treasurer of the Town of Stirline for the time being. Bamff. For the Sheriffdom of Bamff and burgh's within the same, William Earl of Marshal, _____ Earl of Findlater, Walter Ogilvy of Boyne, Sir john Gordoun of Park, Sir Alexander Urquhart of Dunlugus, William Inns of Kinermonie, Mr. john Abercrombie of Glassock, George Gordoun of Thornbank, Alexander Garden of Troup, james Inns of Auchrosk, Sir Alexander Abercrombie of Birkinboge, William Dalgarno of Blackwater, and Alexander Ogilvie of Kempcairn, The Provost and Baylies of the Town of Bamff for the time being, and the Baylies of Culen for the time being. Sutherland. For the Sheriffdom of Sutherland and burgh's within the same, _____ Earl of Sutherland, George Lord Strathnaver, _____ Lord Rae, Alexander Lord Duffus, Robert Gordoun of Langdail, Sir Robert Gordoun of Embo, Robert Grace of Skibo, Robert Gordoun of Carrol, Hugh Macky of Scowry, Angus Macky of Melnies, john Sutherland of Clyne, William Gordoun of Dalphollie, the Provost of Dornoche for the time being, and Alexander Gordoun Burgess there. Clackmannan. For the Sheriffdom of Clackmannan and burgh's within the same, Henry Bruce of Clackmannan, Sir Charles Erskin of Alva, Mr. Robert Bruce of Schanbodie, john Nicolson of Dillicultrie, David Bruce of Kennet, William Stirline of Herbertshire, Mr. Thomas Naper Baily in Allaway, Patrick Burn of Sheirdel and John Keirie in Allaway. Elgin. For the Sheriffdom of Elgin and burgh's within the same, Alexander Earl of Murray, Alexander Lord Duffus, James Grant of Freuchie, Sir Robert Inns of that ilk, Thomas Mackeinzie of Pluscardin, Sir Robert Inns of Muirtoun, James Brodie of that ilk, Robert Cuming of Altar, Walter Kinnaird of Cubin, Sir Alexander Inns of Cokstoun, Sir Robert Dunbar of Grainghil, John Stewart of Newtoun, Alexander Dowglass of Speiney, Alexander Tulloch of Tannachie, David Dunbar of Dunfail, George Inns of Caldcoats, John Grant of Ballandolloch, Patrick Grant of Achehangin, William Grant of Cardels, James Grant of Achernick, the Provost and two Baylies of the Burgh of Elgin for the time being, the Provost and eldest Bailie of the Burgh of Forres for the time being, Innerness. For the Sheriffdom of Innerness and burgh's within the same, the Earl of Murray, the Earl of Seafort, James Grant of Freuchie, Lauchlan Mackintosh Uncle to the Laird of Mackintosh, John Forbes of Cullodin, Hugh Fraser of Belladrum, Alexander Mackintosh younger of Connedge, Hugh Fraser of Foyer, Donald Mackintosh of Oldourie, Mr. Roderick Mackeinzie of Kilmure, Alexander Graham of Drynie, Sir John Urquhart of Cromarty, Alexander Dunbar of Kennedfield, Kenneth Mackeinzie of Coul, Roderick Mackeinzie of Davachmaluake, Roderick Mackeinzie younger of Ferburn, Colein Mackeinzie of Reidcastle, John Cuthbert of Castelhil, Eune Mackpherson Tutor of Clunie, Sir Norman Mackleod of Kernary, John Grant of Garthinmore, Mungo Grant of Cunnigars, James Grant of Sheuglie, the Provost and Baylies of Innerness for the time being, James Anderson and Robert Inns in Forterose, the Provost and one of the Baylies of Dingwel for the time being. Cromarty. For the Sheriffdom of Cromarty and burgh's within the same, Sir John Urquhart of Cromarty, Alexander Urquhart of Kinnudie, Alexander Clunes Baily of Cromarty. Renfrew. For the Sheriffdom of Renfrew and burgh's within the same, Hugh Earl of Eglingtoun, James Lord Kilmares, Alexander Lord Montgomery, George Lord Ross, William Lord Cochrane, William Master of Cochrane, the Lairds of Houstoun elder and younger, the Lairds of Blackhal elder and younger, Sir Patrick Maxwel of Newwark, Sir George Maxwel fire thereof, Sir James Hamiltoun of Orbistoun, Alexander Cunningham of Craigains, _____ Pollock of that ilk, Sir John Shaw younger of Greinock, Cornelius Crauford of Jordanhil, the Laird of Bishoptoun younger, Alexander and John Poterfields' elder and younger of Duchel, Patrick Fleming of Barnchano, George Howstoun of Johnstoun, John Maxwel of Blackestoun, Archibald Stewart of Scotistoun, John and James Maxwels elder and younger of Southbarn, James Brisbane of Serviland, Matthew Brisbane of Rosland, Sir Adam Blair of Lochwood, Andrew Sempil in Renfrew, Robert Pollock of Milnburn, the Baylies of Paislie for the time being, and James Dunlop of Howsil. Aberdeen. For the Sheriffdom of Aberdeen and burgh's within the same, Colonel George Keith of Aden, Alexander Frazer elder of Philorth, Sir John Gordoun of Haddoe, Sir John Forbes of Watertoun, Sir John Keith Knight Marshal, Sir James Baird of Achmedden, Robert Irwing of Fedderet, George Gordoun of Coclarachie, John Gordoun of Blelack, Alexander Fraser younger of Philorth, Alexander Keith younger of Ludquhairn, John Udnie of that ilk, Major George Keith of Knock, Alexander Bannerman of Elsick, _____ Bannerman his son, John Gordoun of Fechil, Lieutenant Colonel Forbes of Fouls, John Seatoun of Thorntoun, Alexander Straquhan younger of Glenkinidie, Frances Frazer of Kinmundie, _____ Erskin of Pittodrick, Alexander Erskin of Rothnie, Alexander Lumsdaine of Carnday, Colonel John Fulertoun of Dudwick, John Meldrum of Hattoun, and John Gordoun of Auchleuchries, the Provost, Baylies, Treasurer, and Dean of Gilled of Aberdeen for the time being, the Provost and two Baylies of Kintore for the time being, John Johnstoun Baily of Inverurie, and William Ferguson younger Burgess there. Ross. For the Sheriffdom of Ross and burgh's within the same, Kenneth Earl of Seafort, Sir George Mackenzie of Tarbit, David Ross of Belnagonie, John Monro younger of Foulis, David Ross of Pitcalnie, William Ross of Grunord, Walter Inns of Innerbrekie, Hector Dowglas of Muldarg, Hector Mackenzie of Assint, Mr. Thomas Mackenzie of Inerlael, Sir William Sinclair of May, William Sinclair of Dunbeath, Sir George Monro of Culkairn, and James Hay Burgess of Tain. Kincardin. For the Sheriffdom of Kincardin and burgh's within the same, William Earl of Marshal, John Earl of Middletoun, Robert Viscount of Arbuthnet, Alexander Lord Halkertoun, and in his absence Alexander Master of Halkertoun, Alexander Straton of that ilk, Sir John Keith, Alexander Bannerman of Elsick, and _____ Bannerman his son, David Ramsay younger of Balmayn, Sir James Straquhan of Thorntoun, Sir Robert Graham of Morphie, Sir Alexander Burnet of Leyes, Sir Frances Ogilvie younger of Newgrange, John Barklay of Johnstoun, Colonel Henry Barklay of Knox, Arthur Stratoun of Snadoun, _____ Falconer of Glenforquhar, Robert Keith of Whitriggs, William Rait younger of Halgrein, Andrew Wood of Babignie, _____ Allerdes of Allerdes, Sir James Ramsay of Benholme, Sir Alexander Carnagie of Pittaro, Andrew Arbuthnet of Fiddes, Mr. William Ramsay of Woodstoun. Caithness. For the Sheriffdom of Caithness and burgh's within the same, _____ Earl of Caithness, Sir William Sinclair of Mey, William Sinclair of Ratter, William Sinclair of Dumbeath, John Sinclair of Brims, _____ Murray of Pennieland, David Murray of Clairden, Robert Monro of Borlome, Alexander Sinclair of Telsten, David Sinclair of Dune, Mr. James Inns of Sandsaid, James Sinclair of Assere, Frances Sinclair of Stirkaike, Walter Inns of Ortoun, Orkney and Zetland. For the Sheriffdoms of Orkney and Zetland and burgh's within the same, _____ Earl of Mortoun, Colonel John Stewart of Newwark, James Stewart of Gramsay, Hugh Halcu of that ilk, Robert Stewart of Burgh, Mr. Patrick Graham _____ James Batkie of Tankerness, Patrick Monteith of Egilshaw, Hugh Craigie of Gairsey, Patrick Blair of Little-Blair, Archibald Stewart of Burrough, George Smith of Rapness, John Sinclair of Quandail, James Sinclair of Skalloway, Andrew Bruce of Munis, William Bruce of Soundburgh, Mr. James Movat _____ Gilbert Nivin, _____ Chein of Eslemont, and Robert Hunter Factor for the Earl of Mortoun. Forfar. For the Sheriffdom of Forfar and burgh's within the same, (Dundee excepted) James Earl of Buchan, Patrick Earl of Kinghorn, James Earl of Southesk, _____ Earl of Airlie, John Earl of Dundee, Robert Viscount of Arbuthnet, James Lord Ogilvy, George Lord Brichan, David Lord Lour, James Lord Couper, Sir David Ogilvie son to the Earl of Airlie, Sir James Ogilvie of Newgrange, John Ogilvie of Balfour, Sir John Carnagie of Boysack, Sir Alexander Erskin of Dun, John Lindsey of Edgle, John Wood of Bonnytoun, John Graham younger of Fentry, David Fothringham of Pourie, John Garden of Latoun, David Erskin of Carboddo, William Fullertoun of that ilk, Mr. Robert Hay of Dronlaw, John Ogilvie of Pettenves, Sir John Carnegie of Boniemune, James Scot of Logie, Peter Young of Seatoun, Walter Graham of Duntroun, James Durham younger of Omachie, Patrick Lion of Bridgtoun, William Lion of Eastergill, Henry Mauld of Melgum, William Grace of Innerichtie, John Fothringham of Dunun, John Ogilvie of Peil, Patrick Wentoun of Strickmartine, James Crightoun of Ruthven, David Neavoy of that ilk, John Scrimger of Kirktoun, John Hunter of Balgay, Sir Alexander Wedderburn of Blackness, Mr. Patrick Yeoman of Dryburgh, Mr. James Kid of Craigie, Peter Lion of Cossans, Peter Blair of Dunkeny, David Carnegie of Craig and Robert Arbuthnet of Fyndourie, two of the Magistrates of Forfar, Breichen, Montrose and Aberbrothick, for the time being. For the Town of Dundee, comprehending as said is, the Magistrates and Council for the time being. Berwick. For the Sheriffdom of Berwick and burgh's within the same, Sir Archibald Cockburn of Langtoun, James Hoppringle of that ilk, John Home of Blaccader, Sir James Home of Eccles, Sir Robert Dowglas of Blaikerstoun, John Home of Prandergaist, George Ramsay of Idingtoun, Mr. Robert Sinclair of Longformacus, George Home of Kaimbes, Robert Home of Kimerghame, Archibald Dowglas of Lumsdaine, John Ker of Westnisbit, Patrick Boge of Burnhouses, Alexander Home of Linthil, Robert Home of Bogend, Mr. John Home of Bellita, Mr. Thomas Ridpeth of Fulfardlies', and the two Baylies of Lawder for the time being. Nairn. For the Sheriffdom of Nairn and burgh's within the same, Sir Hugh Campbel of Caddel, John Grant of Moynes, John Hay of Lochlow, Hugh Ross of Kilravock, Thomas Dunbar of Grange, Alexander Campbel of Urchney, Alexander Dunbar of Booth, John Sutherland of Kinstairie, Hugh Hay of Brichmony, Colin Campbel of Delneyes, John Ross of Braidley, Hugh Ross younger of Clava, two of the Magistrates of the Burgh of Nairn for the time being. With power to the said's Commissioners or major part of them, to take trial of what Malt is brewed and sold within their respective divisions, and to order the collecting and raising of the Excise thereof, at two marks upon the Boll; and to raise the remainder of the proportion imposed upon each respective Shire and Burgh, which shall not arise by payment of the foresaid two marks upon the Boll of Malt, and of the rates imposed upon the other particulars above mentioned, brewed and sold or imported as said is, from the respective Shires and burgh's in lieu of the Malt brewed in their own houses; and that according to the rule of the valuations as the same were apportionat before August last. As also, with power to the said's Commissioners to meet and conveen at such times and places as they shall think fit, and to choose their own Conveeners (who is to administer an Oath De fideli administratione to the remanent Commissioners at their first meeting, and take the same himself) and to appoint their own Collectors, and other Officers, except the Clerk, who is to be named by the Clerk of Register, and to modify Fees for the said's Collectors, Clerks, and other Officers, and to sub-divide themselves for the more speedy and equal ordering of the said Excise. With power also to them to establish Offices of Excise (at which Offices, the whole Brewers are hereby required to make their Entries, at least once every month, of their weekly brewing) and by Miller, Maltman, Oath of party, Witnesses, or any other lawful manner of way to disprove the Entries given in, and to impose Fines upon the persons whose Entries shall be so disproven, not exceeding the double of the value of the Malt concealed, and to discern and determine in all cases and debates, relating to the said Excise within their respective divisions; and for that effect to use all lawful manner of probation as said is: And ordains general Letters to be direct gratis upon the saids Commissioners, their Decreets, at the instance of the respective Collectors; or otherways with power to the said's Commissioners, to poinded and distreinʒie upon their own Decreets, quarter upon the Deficients, or imprison their persons till payment be made of the sums due by them, as well principal as expenses; and which expenses the said's Commissioners are hereby empowered to modify. And it is hereby Declared, That there shall be no necessity to apprise the Goods of the Deficients at the Mercat Cross, but that it shall be lawful to apprise the same, at the nearest Paroch Church. And sicklike it is hereby Statute and Ordained, That the Commissioners of the respective Shires and burgh's shall be, and are obliged to pay in their respective proportions of the said Shires and burgh's to such as are, or shall be appointed by His Majesty, to receive the same at four terms in the year, viz. Whitsunday, Lambmesse, Mertimesse, and Candlemesse, by equal proportions, beginning the first terms payment at Lambmess next, for the three months of May, June, and July, immediately preceding the same: And which Commissioners, are by these presents impowered to put in execution the whole forementioned Orders and Instructions, for raising and inbringing of the said Excise for their relief. As also the King's Majesty, with advice and consent of His Estates of Parliament, gives power to the Lords of His Majesty's Privy Council, to nominate and appoint Commissioners of Excise in the respective Shires and burgh's upon the death or inability of any of the Commissioners . XV. Act Rescinding and Annulling the pretended Parliaments, in the year 1640, 1641, etc. THe Estates of Parliament, considering that the Peace and Happiness of this Kingdom, and of His Majesty's good Subjects therein, doth depend upon the Safety of His Majesty's Person, and the Maintenance of His Royal Authority, Power and Greatness; And that all the miseries, confusions and disorders which this Kingdom hath groaned under, these twenty three years, have issued from, and been the necessary and natural products of these neglects, contempts and invasions, which in and from the beginning of these troubles, were upon the specious (but false) pretexts of Reformation (the common cloak of all Rebellions) offered unto the Sacred Person and Royal Authority of the King's Majesty, and His Royal Father of blessed memory. And notwithstanding, that by the sacred Right, inherent to the Imperial Crown (which His Majesty holds immediately from GOD Almighty alone) and by the ancient constitution and fundamental Laws of the Kingdom; the power of convocating and keeping Assemblies of the Subjects; the power of Calling, Holding, Proroguing and Dissolving of Parliaments, and making of Laws; the power of entering into Bonds, Covenants, Leagues and Treaties; the power of raising Arms keeping of Strengths and Forts, are Essential parts, and Inseparable privileges of the Royal Authority and Prerogative of the Kings of this Kingdom: Yet, such hath been the madness and delusion of these times, that even Religion itself, which holds the Right of Kings to be Sacred and Inviolable, hath been pretended unto, for warrant of all these injurious Violations and Encroachments, so publicly done and owned, upon and against, His Majesty's just Power, Authority and Government; By making and keeping of unlawful Meetings and Convocations of the people; By entering into Covenants, Treaties and Leagues; By seizing upon, and possessing themselves of, His Majesty's Castles, Forts and Strengths of the Kingdom; and by Holding of pretended Parliaments, making of Laws, and raising of Arms for the maintaining of the same: And that not only without warrant, but contrary to His Majesty's express Commands. And although the late King's Majesty, out of His mere grace and respects to this His native Kingdom, and the peace and quiet of His people, and for preventing the consequences, which such a bad example and practice might occasion, to the disturbance of the peace of His other Kingdoms, was pleased in the year, one thousand six hundred and forty one, to come into this Country, and by His own presence, at their pretended Parliaments and otherways, to comply with, and give way to, many things nearly concerning the undoubted Interest and Prerogative of the Crown, expecting that such unparallelled Condiscentions should have made His Subjects ashamed of their former miscarriages, and the very thoughts thereof, to be hateful to them and their posterity for ever. Yet, such was the prevalency of the spirit of Rebellion that raged in many for the time, that not content of that peace and happiness, which even above their desires, was secured to them; nor of those many Grants of honour and profit, by which, His Majesty endeavoured to endear the most desperate of them to their duty and obedience, they then, when His Majesty had not left unto them any pretence or shadow of any new desire to be proposed, either concerning themselves or the Kingdom, did most unworthily engage, to subvert His Majesty's Government, and the public peace of the Kingdom of England: For which purpose, having joined in a League with some there, they, for the better prosecution of the same, did assume unto themselves, the Royal Power, kept and held Parliaments at their pleasure; by the pretended Authority of which, they laid new exactions upon the people (which in one month did far exceed what ever by the King's Authority had been raised in a whole year) levied Arms, sent out Edicts, requiring obedience unto their unlawful demands; and with all manner of violence pursued such as out of duty to His Majesty's Authority opposed them, by fines, confinements, imprisonment, banishment, death, and forfeiture of their posterity; and with their Army thus raised, invaded His Majesty's Kingdom of England, and joined with such as were in Arms against His Majesty there. And thus maintaining their usurped power, and violently executing the same against all Law, Conscience, Honour and Humanity, have made themselves instruments of much loss, shame and dishonour to their native Country, and have justly forfeited and favour they might have pretended to, from His Majesty's former concessions. And forasmuch, as now it hath pleased Almighty GOD, by the power of His own right hand, so miraculously to restore the King's Majesty to the Government of His Kingdoms, and to the exercise of His Royal Power and Sovereignty over the same, The Estates of Parliament do conceive themselves obliged, in discharge of their duty and conscience to GOD and the King's Majesty, to employ all their power and interest, for vindicating His Majesty's Authority from all these violent invasions that have been made upon it, and so far as is possible, to remove out of the way, every thing that may retain any remembrance of these things, which have been so injurious to His Majesty and His Authority, so prejudicial and dishonourable to the Kingdom, and destructive to all just and true interests within the same. And considering, that besides the unlawfulness of the public Actings during these troubles, most of the Acts in all and every of the Meetings of these pretended Parliaments, do highly encroach upon, and are destructive of, that Sovereign Power, Authority, Prerogative and Right of Government, which by the Law of GOD and the ancient Laws and Constitutions of this Kingdom, doth reside in, and belong unto, the King's Majesty, and do reflect much upon the honour, loyalty and reputation of this Kingdom, or are expired, and serve only as testimonion of dissloyalty and repraoch upon the Kingdom, and are unfit to be any longer upon Record. Therefore the King's Majesty and Estates of Parliament, do hereby Rescind and Annul the pretended Parliaments, kept in the years, one thousand six hundred and forty, one thousand six hundred and forty one, one thousand six hundred and forty four, one thousand six hundred and forty five, one thousand six hundred and forty six, one thousand six hundred and forty seven, and one thousand six hundred and forty eight, and all Acts and Deeds past and done in them, and Declares the same to be henceforth void and null. And His Majesty, being unwilling to take any advantage of the failings of His Subjects during those unhappy times, is resolved not to retain any remembrance thereof, but that the same shall be held in everlasting oblivion; and that all difference and animofities being forgotten, His good Subjects may in a happy union, under His Royal Government, enjoy that happiness and peace, which His Majesty intends, and really wisheth unto them as unto Himself, Doth therefore by advice and consent of His Estates of Parliament, grant His full Assurance and Indemnity to all persons that acted in, or by virtue of the said pretended Parliaments and other Meetings flowing from the same, to be unquestioned in their Lives or Fortunes, for any Deed or Deeds done by them in their said usurpation, or by virtue of any pretended Authority derived therefrom, excepting always, such as shall be excepted in a general Act of Indemnity, to be passed by His Majesty in this Parliament. And it is hereby Declared, That all Acts, Rights and Securities, passed in any of the pretended Meetings above-written, or by virtue thereof, in favours of any particular persons, for their civil and private interests, shall stand good and valid unto them, until the same be taken into further consideration, and be determined in this, or the next Session of this Parliament. XVI. Act concerning Religion and Church Government. OUr Sovereign Lord, being truly sensible of the mercies of Almighty GOD, towards Him in His preservation, in the times of greatest trouble and danger, and in His miraculous Restitution to His just Right and Government of His Kingdoms. And being desirous to improve these Mercies, to the glory of GOD and honour of His great Name, Doth with advice and consent of His Estates of Parliament, Declare, That it is His full and firm resolution, to maintain the true reformed Protestant Religion, in its purity of Doctrine and Worship, as it was established within this Kingdom, during the Reigns of His Royal Father and Grandfather of blessed memory. And that His Majesty will be careful to promote the power of Godliness, to encourage the exercises of Religion, both public and private, and to suppress all profaneness, and disorderly walking. And for that end will give all due countenance and protection to the Ministers of the Gospel, they containing themselves within the Bounds and Limits of their Ministerial Calling, and behaving themselves with that submission and obedience to His Majesty's Authority and Commands, that is suitable to the Allegiance and Duty of good Subjects. And as to the Government of the Church, His Majesty will make it His care, to settle and secure the same, in such a frame as shall be most agreeable to the word of GOD, most suitable to Monarchical Government, and most complying with the public peace and quiet of the Kingdom. And in the mean time, His Majesty, with advice and consent foresaid, Doth allow the present Administration by Sessions, Presbyteries and Synods, (they keeping within bounds and behaving themselves as said is) and that notwithstanding of the preceding Act, rescissory of all pretended Parliaments, since the year one thousand six hundred and thirty eight. XVII. Act for a Solemn Anniversary Thanksgiving, for His Majesty's Restauration to the Royal Government of His Kingdoms. THe Estates of Parliament of the Kingdom of Scotland, taking to their consideration the sad Condition, Slavery and Bondage, this ancient Kingdom hath groaned under, during these twenty three years Troubles: In which, under the specious pretences of Reformation, a public Rebellion hath been, by the treachery of some, and mis-perswasion of others, violently carried on against Sacred Authority, to the ruin and destruction, so far as was possible, of Religion, the King's Majesty, and His Royal Government, the Laws, Liberties and Property of the People, and all the public and private Interests of the Kingdom; So that Religion itself, which holds the right of Kings to be Sacred, hath been prostitute for the warrant of all these treasonable invasions made upon the Royal Authority, and disloyal limitations put upon the Allegiance of the Subjects. And hath it not also been pretended unto, for the warrant of all those vile and bloody Murders, which in high contempt of Almighty GOD and of His Majesty's Authority and Laws, were under colour of Justice committed upon His Majesty's good Subjects, merely for the discharge of their Duty to GOD, and Loyalty to the King? Hath not that Royal Government, under whose Protection this Nation hath, to the envy of the World, been so famous for many ages, been of late trodden under foot, and new Governments and Governors established and kept up without His Majesty's Authority, and against His express Commands? Hath not Law, which is the Birthright and Inheritance of the Subject, and the Security of their lives and fortunes, been laid in the dust, and new and unjust Edicts and Orders past and published, for subjecting both life and fortune, and what else was dear unto any of His Majesty's good Subjects, to the Cruel and Ambitious Lusts of some usurping Rulers? Hath not Religion and Loyalty been the only objects of their Rapine and Cruelty? And hath not their new and arbitrary Exactions and Burdens upon the People, exceeded in one month what ever had been formerly in many years paid to any of the Kings of this Kingdom? And when the best of men and the most Excellent of the Kings of the earth, had in an unusual way of confidence rendered His Person to the Trust and Loyalty of His Native Subjects, was not the security of Religion pretended unto by some, who then governed in Church and State, for the ground of that base (and never enough to be abhorred) transaction, in leaving such a Prince their Native and Dread Sovereign, to the will of these who were in open Rebellion, and for the time had their swords in their hands against Him; And that when by these and many such like undutiful carriages, the King's Majesty was removed from His Kingdoms, the foundations of this ancient and well constitute Government was overturned, the Liberties and Property of the people inverted; And this Kingdom exposed to be Captives and Slaves to Strangers, and nothing left unto them but the sad meditation of their increasing miseries, and the bitter remembrance of their bypast disloyalties? Yet even than it pleased Almighty GOD to compassionate their low condition, and by the power of His own Right-hand, most miraculously to restore the Kings most Sacred Majesty to the Royal Government of His Kingdoms; And thereby to redeem this Kingdom from its former Slavery and Bondage, and to restore it to its ancient and just Privileges and Freedom. And the King's Majesty acknowledging, with all humility and thankfulness, the Goodness, Wisdom and Power of GOD, in this Signal Act of His mercy to Him and His people, Doth, with advice and consent of His Estates of Parliament, Statute and Ordain, That in all time coming there be a Solemn yearly Commemoration of the same: And for that end, the twenty ninth day of May, (which day GOD Almighty hath specially honoured and rendered auspicious to this Kingdom, both by His Majesty's Royal Birth, and by His blessed Restauration to His Government) be for ever set a part as a Holy day unto the LORD, and that in all the Churches of the Kingdom, it be employed in public Prayers, Preaching, Thanksgiving and Praises to GOD, for so transcendent Mercies: And that all Trade, Merchandise, Work, Handy-labour, and other ordinary employments be forborn, and the remaining part of the day spent in such lawful divertisements as are suitable to so Solemn an occasion. And it is hereby recommended to all Ministers of the Gospel, and to all Sheriffs, Justices of Peace, and other public Ministers in the several Counties, and to all Magistrates within burgh's, to be careful, that for this present year, and in all time coming, the twenty ninth day of May, be accordingly kept and observed within their several Jurisdictions. And for the speedier and more full intimation hereof to all His Majesty's Subjects, It is Appointed their Presents be printed, and published at all the Mercat Crosses of the Royal Burroughs. XVIII. Act for the due Observation of the Sabbath-day. THe King's Majesty considering, how much it concerns the honour of GOD, that the Sabbath-day be duly observed, and all abuses thereof restrained; And that notwithstanding of several Acts of Parliament made in that behalf, particularly the third Act of the sixth Parliament of King James the sixth of blessed memory, the said day hath been much profaned by Salmond-fishing, going of Salt-pans, Milnes and Kills, hiring of Shearers, and using of Merchandise on that day and otherways. Therefore our Sovereign Lord, with advice and consent of His Estates of Parliament, Ratifies and Approves all former Acts of Parliament, made for observation of the Sabbath-day, and against the breakers thereof; And by these presents Inhibits and Discharges all Salmond-fishing, going of Salt-pans, Milnes or Kills; all hiring of Sheaters, carrying of Loads, keeping of Mercats, or using any sorts of Merchandise on the said day, and all other profanation thereof whatsoever, under the pains and penalties following; viz. The sum of twenty pounds Scots for the going of ilk Salt-pan, Miln or Kill on the said day, to be paid by the Heritors and Postessors thereof; and the sum of ten pounds for ilk Shearer and Fisher of Salmond on the said day, the one halt thereof to be paid by the Hirers and Conducers, and the other half by the persons hired; and the said sum of ten pounds for every other profanation of the said Day: And which Fines and Penalties are to be uplifted and disposed of, in manner contained in the Act and Instructions anent the Justices of Peace; and if the party Offender be not able to pay the penalties foresaid, then to be exemplarly punished in his body, according to the merit of his fault. XIX. Act against Swearing and Excessive Drinking. OUr Sovereign Lord, being desirous that all His Subjects within this Kingdom, may live a quiet and peaceable life under His Government, in all godliness and honesty; and in order thereto, having resolved to curb and suppress all sort of sin and wickedness, and especially these abominable and so much abounding sins of Drunkenness and all manner of Cursing and Swearing. Therefore our said Sovereign Lord Ratifies and Approves all Acts of Parliament, made in former times against the said crimes, or either of them. And further Declares, That each person, who shall Blaspheme, Swear or Curse; and whosoever shall Drink into excess, shall be liable in the pains following, according to the quality of the offenders; viz. Each Nobleman in twenty pounds' Scots, each Baron in twenty Marks, each Gentleman, Heritor or Burgess in ten marks, each Yeoman in forty shillings, each Servant in twenty shillings toties quoties, each Minister in the fifth part of his years Stipend: and that the said's Fines and Penalties be uplifted and disposed upon, in manner contained in the Act and Instructions anent the Justices of Peace. And if the party Offender, be not able to pay the penalties foresaid, then to be exemplarly punished in his body, according to the merit of his fault. XX. Act against Cursing and Beating of Parents. OUr Sovereign Lord, and Estates of Parliament, considering how great and atrocious a crime it is, for Children to beat, or curse their Parents; And how the Law of GOD hath pronounced just sentence of death against such, as shall either of these ways injure either of their Parents. Therefore His Majesty with advice of His said Estates, Doth hereby Statute and Ordain, That whosoever, Son or Daughter, above the age of sixteen years, not being distracted, shall Beat or Curse either their Father or Mother, shall be put to Death without mercy: and such as are within the age of sixteen years, and past the age of pupillarity, to be punished at the arbitrement of the Judge, according to their deservings, that others may hear and fear, and not do the like. XXI. Act against the crime of Blasphemy. OUr Sovereign Lord, and the Estates of Parliament considering, that hither to there hath been no Law in this Kingdom, against the horrible crime of Blasphemy. Therefore, His Majesty, with advice of His said's Estates, Doth hereby Statute and Ordain, That whosoever hereafter, not being distracted in his wits, shall rail upon, or curse GOD, or any of the Persons of the blessed Trinity, shall be processed before th● chief Justice; and being found guilty, shall be punished with Death. Likeas, His Majesty, with advice foresaid, Finds, Statutes and Ordains, That whosoever hereafter shall deny GOD, or any of the Persons of the blessed Trinity, and obstinately continue therein, shall be processed, and being found guilty, that they be punished with Death. As also, His Majesty, with advice and consent foresaid, Declares, That all persons who have committed the foresaid Crimes since the seventeenth of February, one thousand six hundred and forty nine, shall be proceeded against according to this Act; and Ratifies all bygone Decreets and judicial Proceed, against any person committer of the said Crimes since the foresaid date, which have been pronounced and done against the saids Committers, according to this present Act. And Declares, That the pronouncers and executors of the said's Sentences shall never be questioned therefore, in any manner of way, but are, and shall be, hereby secured, no less then if this Act had been of the foresaid date. XXII. ACT concerning the several degrees of Casual Homicide. OUr Sovereign Lord, with advice and consent of the Estates of this present Parliament, for removing of all question and doubt that may arise hereafter in Criminal pursuits for Slaughter, Statutes and Ordains, That the cases of Homicide after-following; viz. Casual Homicide, Homicide in lawful defence, and Homicide committed upon Thiefs and Robbers breaking houses in the night; or in case of Homicide the time of masterfull Depredation, or in the pursuit of denounced or declared Rebels for capital Crimes, or of such who assist and defend the Rebels and masterfull Depredators by Arms, and by force oppose the pursuit and apprehending of them, which shall happen to fall out in time coming nor any of them, shall not be punished by death: And that notwithstanding of any Laws or Acts of Parliament, or any Practic made heretofore or observed in punishing of Slaughter; but that the Manslayer, in any of the cases aforesaid, be assoillied from any Criminal pursuit pursued against him for his life, for the said Slaughter, before any Judge Criminal within this Kingdom. Providing always, that in the case of Homicide casual, and of Homicide in defence, notwithstanding that the slayer is by this Act, free from Capital punishment; Yet it shall be leisum to the Criminal Judge, with the advice of the Council, to fine him in his means, to the use of the defuncts wife and bairnes, or nearest of kin, or to imprison him. And His Majesty, with advice foresaid, Declares, That all decision given, conform to this Act, since the thirteenth of February, one thousand six hundred and forty nine years, shall be as sufficient to secure all parties interessed, as if this present Act had been of that date: And that all cases to be decided by any Judges of this Kingdom, in relation to casual Homicide, or Homicide in defence, committed at any time heretofore, shall be decided as is above expressed. XXIII. Act Ratifying the Privileges of the College of Justice. OUr Sovereign Lord considering, that nothing is more necessary and of more universal concernment, than the Administration of Justice; and in order thereto, that the Judges, Advocats, Clerks and other Members of the Supreme Judicatory, should be faithful, able and qualified persons; and for their encouragement to serve the Country in their respective stations and places, and to undergo the great toil, trouble and expense of time, and otherways for enabling them for, and during their service therein, It hath been the wisdom and practice of all Princes and Nations, and in special, of His Majesty's Royal Progenitors, to grant to them divers Liberties and Privileges, as is evident by many Acts of Parliament and Statutes concerning the Privileges and Immunities of the College of Justice, and members thereof, Granted, Renewed and Ratified from time to time. Therefore His Majesty, with advice and consent of His Estates of Parliament, Ratifies and Approves all and whatsoever Liberties, Privileges and Immunities, given and granted by His Majesty's Royal Predecessors, to, and in favour of, the said College of Justice, and of the Senators, Advocats, Clerks, Writers to the Signet, and remanent Members of the same, or whereof they have been in use and possession in any time bygone, together with all Laws, Acts of Parliament, Statutes and Constitutions, made and conceived in their favours; Holding and Declaring this present Ratification to be as sufficient as if all the foresaids Privileges, Freedoms and Immunities, Acts, Statutes and Grants, of and concerning the same, were in special and at length expressed herein. And His Majesty with advice and consent foresaid, Ordains and Declares, That the whole Privileges, Liberties and Immunities foresaid, granted and belonging to the ordinary Lords and Senators of the College of Justice, shall be extended, belong and appertain to, and enjoyed by, the Advocats, Clerks, Writers to the Signer, and remanent Members of the said College of Justice, in all time coming, notwithstanding of whatsoever Act, Custom or Practice to the contrare. XXIV. Act concerning Appear and Heirs, their payment of their Predecessors and their own Debts. OUr Sovereign Lord, with advice and consent of the Estates of Parliament, taking into consideration, that Appearand Heirs immediately after their Predecessors death, do frequently dispone their Estate in whole or in part, in prejudice of their Predecessors lawful Creditors, before their death come to their knowledge, or before they can do lawful diligence against the said's Appearand Heirs; and which Dispositions the said's Appearand Heirs do often make before they be served Heirs and Infeft; Or otherways, by collusion they suffer their Predecessors Estates to be comprised or adjudged from them for payment of their own proper Debts, real or simulate, without respect to their Predecessors Creditors. And His Majesty, considering how just it is, that every man's own Estate should be first liable to his own Debt, before the Debts contracted by the Appearand Heirs. Therefore His Majesty, with consent foresaid, Declares, That the Creditors of the defunct shall be preferred to the Creditors of the Appearand Heir in time coming, as to the defuncts estate; Providing always, that the defuncts Creditors do diligence against the Appearand Heir and the real Estate belonging to the defunct, within the space of three years after the defuncts death. And because it were most unreasonable, that the Appearand Heir, when he is served and retoured Heir, and infeft respective, should for the full space of three years, be bound up from making Rights and Alienations of his Predecessors Estate; and yet it being as unreasonable that he should dispone thereupon immediately or shortly after his Predecessors death, in prejudice of his Predecessors Creditors, he having year and day to advise whether he will enter Heir or not. Therefore it is hereby Declared, That no Right or Disposition made by the said Appearand Heir, in so far as may prejudge his Predecessors Creditors, shall be valid, unless it be made and granted a full year after the defuncts death. XXV. Act for Denouncing of Excommunicate Persons. OUr Sovereign Lord, with advice and consent of His Estates of Parliament, considering the insolency of excommunicate Papists and others, who slight the dreadful Sentence of Excommunication, to the dishonour of GOD and obduring of their own hearts; Doth therefore Ratify and Approve all Acts of Partiament and Acts of Privy Council, standing before the year one thousand six hundred and forty, against Excommunicate Persons. And Statutes and Ordains, That in time coming, forty days being passed after the said Sentence of Excommunication, Letters be direct at the instance of His Majesty's Advocate, for denouncing all Excommunicate persons, His Majesty's Rebels, and putting them to the Horn, and that by Warrant of the Lords of Privy Council or Session: which denounciation being used, by virtue of the said's Letters, at the Mercat Cross of Edinburgh and Peir of Lieth, is hereby Declared, to be sufficient against them, and for using of Caption thereupon, and taking of the Escheat and Liferent of the Rebels, conform to the standing Laws of this Kingdom. Providing always, that before the passing of any such Letters of denounciation, the whole Process and Sentence of Excommunication be exhibit and produced before the Lords of Session, in Session-time, to the end, that they may consider the legality of the process and grounds whereupon the Sentence proceeded: and that accordingly they may give forth the said's Letters of denounciation, as they shall think just and reasonable. XXVI. Act appointing the Pursuer of the Thief, to have the Goods stolen from him, restored. OUr Sovereign Lord understanding, that when Theives are taken and execute for theft, or declared Fugitives, their whole estate and the goods stolen also, doth fall to His Majesty and to Lords of Regalities, and other Justitiars pretending right to the said's stolen goods. For remeed whereof, His Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, That any person having goods or gear stolen from him, and having pursued the stealer thereof, shall have his own goods again, where ever the same can be apprehended: and where the stolen goods cannot be had, the Pursuer of the Thief, shall have the just value of the goods and gear stolen from him, out of the readiest of the thief's goods, with the expenses waired out by the Pursuer, he always pursuing the Thief, usque ad sententiam; Reserving always to the Sheriff or other Magistrates, and taker of the Thief, the expenses waired out by them in the taking and putting the Thief to execution. XXVII. Act for the Pardon of Penal Statutes. OUr Sovereign Lord considering, that the precise and rigorous exaction of the Pain, Arbitrary and Pecunial, adjected to Penal Statutes heretofore made, would prove a burden to His Majesty's Liege's, heavy and unsupportable, if by His Majesty's grace and favour they should not be eased and liberate of the same. In consideration whereof, His Majesty, being willing to give ease and relief to His Subjects of the foresaid burden, Hath therefore been graciously pleased, with consent of His Estates of Parliament, to Discharge, freely Pardon and Remit, and by these presents Discharges, freely Pardons and Remits, all Contraveeners of any of the said's Penal Statutes, for all Deeds done by them, contrair to the tenor of the same Statutes, in time bygone; except only the Statutes concerning the unlawful taking of Usury, Transporting of Silver and Gold, and Slaying of Red and Black Fishes, which are no ways discharged by this present Act, nor comprehended under the same. XXVIII. Act discharging the Quots of Testaments. OUr Sovereign Lord, with advice and consent of His Estates of Parliament, for many weighty considerations moving His Majesty, Statutes and Ordains, That no Quots of Testaments, confirmed since the sixteenth of November, one thousand six hundred and forty one, and to be confirmed in time coming, shall be exacted from any of His Majesty's Liege's by Commissars, Commissar-Clerks, Fiscals, and others whom it effeirs; but prejudice always of the ordinary Fies due to them as accords. XXIX. ACT for poinding upon Sheriffs and Commissars Decreets. OUr Sovereign Lord and the Estates of Parliament, considering, That albeit by Act of Parliament, of the date the ninth of July, one thousand six hundred and six years, Letters of Horning are Ordained to be directed by deliverance of the Lords of Session upon Sheriffs, Commissars, and other inferior Judicatories their Decreets, upon the simple charge therein mentioned: Yet, the Act bears no warrant for Letters of poinding to be granted by the deliverance foresaid upon these Decreets; whereby the Parties interessed, obtainers of the Decreets, are ofttimes prejudged of their payment, when these Parties, against whom these Decreets are obtained, do flit or remove out of the Shire or Jurisdiction of the Judge before whom the said's Decreets are given. Therefore His Majesty, with advice of the said's Estates, Ratifies the Act of Parliament , in the whole heads and points thereof: And for remedy of the prejudice foresaid, Ordains Letters of poinding to be direct by deliverance of the Lords of Session, at the instance of the Parties interessed, upon the saids Sheriffs, Commissars, and other inferior Judges their Decreets contained in the foresaid Act. Sicklike and in the same manner, as Letters of Horning are appointed by the said Act to pass upon the same Decreets, that thereby the Parties may have real execution, as well as personal upon their Decreets foresaids. Likeas, His Majesty, with advice and consent foresaid, Declares, That all execution of poinding, legally used upon the saids Decreets since the twelfth of June, one thousand six hundred and forty nine years, shall be valid and sufficient; and the Parties, Messengers and others, Executors and users thereof, shall never be questioned, nor any Process sustained against them therefore, either Civilly or Criminally, before any Judge whatsomever; But prejudice always to Parties against whom poinding have been used, upon reduceable or unwarrantable Sentences, to pursue repetition as accords of the Law. XXX. Act anent the Fewers and Vassals of Kirk-lands. OUr Sovereign Lord, with advice and consent of the Estates of this present Parliament, considering, That whereas by the general Surrender of Kirk-lands and Erections made by the Superiors and Titulars thereof, in favours of His Majesty's dearest Father of ever blessed memory; It is specially provided, that the saids Superiors and Titulars, notwithstanding their Surrender foresaid, shall have right to the Few-fermes and Duties of the Vassals and Fewers of the said Kirk-lands and Erections, till the King's Majesty make payment to them of the prices of the said's Few-fermes and Duties, modified by the Lords and others of the Commission for Surrenders and Teinds. And sicklike the Fewers and Vassals of the said's Kirk-lands and Erections, are obliged by their new Infeftments under the great Seal, to pay the said's Few-fermes and Duties to the King's Majesty and His Successors; and so against reason may appear to be liable to double payment thereof: It is therefore Statute and Ordained by His Majesty, with consent foresaid, That the said's Fewers and Vassals of Kirk-lands and Erections, their Heirs and Successors, shall be obliged to make thankful payment of the said's Few-fermes and Duties contained in their Infeftments; and whereof the said Superiors and Titulars have been in possession preceding that Surrender foresaid, to the saids Superiors and Titulars, their Heirs and Successors, ay and while they get payment of the prices modified by the saids Lords and others of the Commission foresaid, according to the Act of Parliament, one thousand six hundred and thirty three years. And that Letters of Horning and poinding shall be granted to that effect, without prejudice always to His Majesty and His Successors, of the superiority of the said's Fewars and Vassals surrendered in manner foresaid, and without prejudice to them of their Infeftments taken to be holden of His Majesty and His Successors. Likeas it is Declared, That the said's Fewers and Vassals of Kirk-lands and Erections have been, in bona fide, in payment of the said's Few-fermes and Duties to the said Superiors and Titulars of all times bygone, according to the provisions contained in the said general Surrender. It is always provided, that this Act shall not be prejudicial to an Act passed by this Parliament in favours of the Earl of Lauderdail of the Lordship of Musleburgh, of the date the ninth day of April last. XXXI. Act concerning the Registration of Comprisings. OUr Sovereign Lord, with consent of the Estates of Parliament, considering, that the Registration of Comprisings, was only established by an Act of Secret Council, and never authorized by any Law, or Act of Parliament, and that the Registration thereof did put the Liege's to unnecessar charges: neither adding to the validity of the Comprisings, nor to the benefit of the Comprisers: Hath therefore discharged, and by these presents discharges all Registration of Comprisings, with all Gifts, Acts of Council, and other Warrants and Custom whatsomever, granted and observed, at any time heretofore thereanent; and by their presents Ratifies and Approves the Custom observed these many years past; whereby, in place of the said Registration, a short Record of all Comprisings of Lands, Teinds and others, and of the Comprisers names and designations, the Defenders names, the Debts for which the Comprising is deduced, the Messengers and Clerks names, the date of the Executions, the Witnesses names thereto, and of the Superiors of whom the comprised Lands are holden, hath been made in a Book by the Clerk of Register, and his Deputs, at the allowing of the said's Comprisings, (for which Allowance and Recording, there is only forty shillings Scots to be paid) and which Custom is very useful and for information of the Liege's. And therefore His Majesty, with advice and consent foresaid, Ratifies and Approves the foresaid Custom, and Ordains all Comprisings formerly deduced, and not allowed and recorded in manner above-written, to be brought in to the Clerk of Register and his Deputs, within threescore days after the publication hereof, and all Comprisings to be led and deduced hereafter, to be brought in to the said Clerk of Register and his Deputs, within threescore days after the date thereof. With certification, that if they be not allowed and recorded within the said space, any other Comprising though posterior in date, yet if it be allowed and recorded before the prior Comprising, the same shall have preference according to the date of the Allowance and Record; but prejudice always to any further diligence by Infeftments, or charges against the Superior, according to the priority, or posteriority thereof, pro ut de jure. XXXII. Act concerning Heritable and Movable Bonds. OUr Sovereign Lord, with advice and consent of His Estates of Parliament, for many just and reasonable causes moving Him, Statutes and Ordains, That all Contracts and Obligations for Sums of money payable to Parties at any time, made and dated since the sixteenth day of November, one thousand six hundred and forty one, or to be made in time coming, containing clauses for payment of Annualrent and Profit, are, and shall be, holden and interpret to be Movable Bonds, except, in these cases following; viz. That they bear an express obliegment to infeft, or that they be conceived in favours of Heirs and Assigns, secluding Executors, in either of which cases, Ordains the Sums to be Heritable, and to pertain to the Heir: otherways to be confirmed by the Executor, and to appertain to the nearest of Kin, and to the Defuncts Executors and Legators, according to the Law and practict of Movables, Declaring always, that all such Bonds quoad fiscum, shall remain in the same condition as they were before the said sixteenth of November, one thousand six hundred and forty one, not to fall under the compass of single Escheat, nor shall any part thereof pertain to the Relict, jure relictae, where the Bonds are made to the Husband, nor to the Husband jure mariti, where the Bonds are made to the Wife, unless the Relict, or Husband, have otherways right and interest thereto, Declaring nevertheless, that this provision shall no ways prejudge Wife, nor Husband, and their Executors of their respective Titles and Interests to the bygone Annualrents of the said's Bands, resting before either of their deaths. XXXIII. Act for the right Packing of Salmond. OUr Sovereign Lord and Estates of Parliament, understanding, that the Salmond-fishings are one of the principal benefits, whereby Trade is maintained, and Money brought into the Kingdom; And that through the evil ordering thereof, both in the insufficiency of the Barrels, and also in the disloyal packing of the same; not only is the Merchant's estate damnified thereby, but also the Nation is dishonoured abroad, and disappointed of what should return thereby. Therefore, Our said Sovereign Lord, with advice and consent of the said's Estates, Ratifies and Approves all and sundry Acts of Parliament, Laws and Constitutions of this Realm, made anent Salmond-fishing, and the sufficiency of the Barrels and loyal packing thereof, with this addition, That the whole Coupers within this Kingdom, make the said Salmond Barrels of good and sufficient new Knappel, for which they shall be answerable, without Wormholes, and White-wood, and of sufficient tightnesse, for containing the pickle, and sufficient tightnesse for enduring all kind of stress in the handling; and that the Barrels contain no less than ten gallons of the Stirling pint, (conform to an Act of His Majesty's Council, of the date at Halyrood-house the fifteenth day of July, one thousand six hundred and nineteen years, which His Majesty with consent foresaid, Ratifies and Approves, in all the Heads, Clauses and Articles thereof) under the pain of five pounds, to be paid by the Couper, for each insufficient Barrel and escheat of the said Barrel, and that the same be well pinned in the pickle before the packing; and thereafter the said Barrels to be well tighted and double-girthed before the transporting thereof to Foreign Natitions. And that no Barrel be sooner made and blown, but the Coupers Birn be set thereon, on the tapone-staff thereof, in testimony of the sufficiency of the Tree; and that every Couper be answerable and liable in payment of such loss as happen to be laid on the Fish at the Mercat, if it be found to be in the default of the Couper by the insufficiency of the Tree, or packing, or any other means in the Coupers' default, and that they keep right gage, both in the length of the staves, the bilge-girth, the wideness of the head, and deepness of the chine; the Barrel being made, marked, and thrice gene in the packing, shall be marked with the Marking-iron, under a very particular Merchant mark, as use is. And that no Burgh, or any other trading with Salmond, shall presume to counterfeit the Mark or Birn, of an other trade, under the pain of confiscation of the Salmond, by and attour the punishment of the Parties counterfeiters, at the pleasure of the Judge ordinar; the one half of the said pain to pertain to His Majesty, and the other half to the Burgh so wronged, and ordains the the Magistrates within Burgh to put this Act to execution. XXXIV. Act against Clandestine and unlawful Marriages. OUr Sovereign Lord, and the Estates of this present Parliament, considering how necessary it is, that no Marriage be celebrate, but according to the laudable order and constitution of this Kirk; and by such persons, as are by the Authority of this Kirk warranted to celebrate the same. And that notwithstanding hereof, sundry, either out of disaffection to the Religion presently professed in this Kingdom, or being desirous to eschew the Censures of this Kirk, or to satisfy their promise of Marriage formerly made to others, or to decline the concurrence and consent of their Parents or others having interest, or out of some other unlawful pretext, do procure themselves to be Married, and are Married either in a Clandestine way, contrary to the established order of the Kirk, or by Jesuits, Priests, Deposed or Suspended Ministers, or any other not authorized by this Kirk. Therefore His Majesty, with advice of His said's Estates, Statutes and Ordains, That whatsoever person or persons, shall hereafter Marry, or procure themselves to be Married in a Clandestine and inorderly way, or by Jesuits, Priests, or any other not authorized by this Kirk; that they shall be imprisoned for three months; and beside their said imprisonment shall pay, Each Nobleman, one thousand pounds Scots; each Baron and landed Gentleman, one thousand marks; each Gentleman and Burgess, five hundred pounds; each other person, one hundred marks; and that they shall remain in prison, ay and while they make payment of these respective penalties , which are hereby ordained, to be applied to Pious uses, within the several parochs where the said's persons dwells. And that the Celebrator of such Marriages be banished the Kingdom, never to return therein, under the pain of Death. Likeas, His Majesty, with advice foresaid, Prohibites and Discharges all men and women, having both their ordinar residence within this Kingdom, to get Marriage to themselves with others within the Kingdom of England, or Ireland, without Proclamation of Banns here in Scotland, and against the Order and Constitution of this Church, or Kingdom, under the pains following, viz. For each Nobleman so Married, one thousand pounds; for each landed Gentleman, one thousand marks; for each Burgess, five hundred pounds; and for each other Substantious person, five hundred marks; for an Yeoman, one hundred pounds; for each person of inferior quality, one hundred marks; the one half of the which penalties, shall belong to the King's Majesty, the other to the Paroch, or parochs where the Married parties did reside; and Ordains His Majesty's Advocate, and the Procurator for the Kirk, to pursue before the civil Judge, the Parties Contraveeners of this Act, or either part thereof, for payment of the penalties respective ; and in case of the poor condition of any man, Married in manner foresaid, Ordains him to be punished with Stocks and Irons: which pains, corporal and pecunial, shall no ways be prejudicial to, or deerogate from the Order, and Censures of the Kirks, to be inflicted against the Delinquents. XXXV. Act concerning the Election and Charges of the Commissioners from Shires to the Parliament. THe King's Majesty considering, That divers debates have formerly occurred, concerning the persons who ought and should have vote in the election of Commissioners from the several Shires of this Kingdom to Parliament, and who are capable to be Commissioners to Parliaments; and that it is for the good of His service, that the same be cleared for the future, Doth therefore, with advice and consent of His Estates of Parliament, Statute, Enact and Declare, That beside all Heritors who hold a forty shillings Land of the King's Majesty in capite; that also all Heritors, Liferenters and Wodsetters holding of the King, and others who held their Lands formerly of the Bishops or Abbots, and now hold of the King, and whose yearly Rent doth amount to ten chalders of victual or one thousand pounds (all Few Duties being deducted) shall be, and are capable to vote in the election of Commissioners of Parliaments, and to be elected Commissioners to Parliaments; excepting always from this Act, all Noblemen and their Vassals. And it being just, that those who shall be chosen, and accordingly shall attend His Majesties and the Kingdom's service in Parliaments, have allowance for their charges; His Majesty doth therefore, with advice foresaid, Modify and Appoint five pounds Scots of daily allowance to every Commissioner from any Shire, including the first and last days of the Parliament, together with eight days for their coming, and as much for their return, from the furthest Shires of Caithness and Sutherland; and proportionably at nearer distances; and that the whole Freeholders', Heritors and Liferenters, holding of the King and Prince, shall according to the proportion of their Lands and Rents, lying within the Shire, be liable and obliged in the payment of the said allowance, excepting Noblemen and their Vassals. For payment of which, all execution of Horning, poinding and Quartering is to pass, as for raising of the Excise; and that according as the time and days of the Parliament shall be attested under the Clerk of Registers hand. And because at this time, some Commissioners of Shires have been put to extraordinary expenses in providing of Footmantles for the riding of the Parliament; It is hereby Statute, That the Commissioners shall be relieved of the prices thereof, to be given in under their hands; and that the prices of the Footmantles be raised in the same way and by the same execution, with the daily allowance aforesaid; the Commissioners always, at the rising of each Parliament, making the Footmantles forthcoming to the Shire, to be disposed as they shall think fit. XXXVI. Act anent Presentation of Ministers. FOrasmuch as the Kings most Excellent Majesty, considering how it is for the right and orderly administration of God's Worship, and the exercises of Religion, and for keeping of His good Subjects within their duties they own to GOD, to His Majsty, to their native Country and fellow Subjects, especially at this time after so many confusions and distractions, both among Churchmen and others; That more than ordinary care be had in presenting of Ministers to all such Kirks as are, or shall be vacand within this Kingdom; hath given particular Commission under His great Seal, as to all Presentations to all Personages, Vicarages, and other Benefices and Kirks at His Majesty's presentation. And as to all other Benefices and Kirks, whereof the presentation belongs to any other Patron or Patrons whatsoever, His Majesty, with advice and consent of His Estates of Parliament, Statutes and Ordains, That all Patrons or Persons whatsoever, who hath, or pretends any right to the Presentations to any Patronages, Vicarages, or other Benefices of cure, Kirks or modified Stipends; be careful in all time coming, that Presentations to these Benefices, Kirks or Stipends, be granted by them to such persons only, as shall give sufficient evidence of their Piety, Loyalty, Literature and peaceable Disposition; And shall, in presence of the Patron or his Attorney, and of the Sheriff of the Shire, Stewart of the Stewartry, or heretable Bailie or Commissar of the bounds, if it be in the Country, and of the Magistrates of the Burroughs within the Burgh, before the granting and their accepting the Presentation, take and subscribe the Oath of Allegiance, the said Sheriff, Stewart, Baily, Commissar and Magistrates having first taken the Oath themselves. And it is hereby Declared, That if any person who hath not so taken the Oath of Allegiance, shall be presented by any Patron, not only shall the Presentation be void and null of itself, but the right of the Patronage, as to that vacancy, shall belong to the King's Majesty, and the Patrons be repute dis-affected to His Majesty's Government, and contemners of His Royal Authority. And Ordains their presents to be printed and published at the Mercat Crosses, that none pretend ignorance. XXXVII. ACT concerning the Bullion. OUr Sovereign Lord, with advice of the Estates of Parliament, now presently convened by His Majesty's special Authority, considering how much the penury and scarcety of His Majesty's Coin here in Scotland, is occasioned by the meanness and smallness of the proportion of Bullion at first imposed, never heretofore considerably augmented; notwithstanding His Majesty's Customs have been several times augmented, Enacts Statutes and Ordains, That all Commodities liable in payment of Bullion, shall pay according to the Rates mentioned in the Alphabet of Bullion after-following, as the same is now augmented and condescended upon. Which Alphabet of Bullion, His Majesty with advice foresaid, Ordains to be printed and published. And to prevent all abuse and prejudice to the said Mint, that may occur and fall out by the Customers exacting of His Majesties, and His Predecessors, their own Coin from the Merchant's exporters of the Commodities liable in payment of the quantities of Bullion, as is aforesaid, or else exacting so much per ounce of the said Merchant exporter, to the great prejudice and utter destruction of the said Mint, His Majesty, with advice foresaid, Statutes and Ordains, that every Fermerer or Customer, within this His Majesty's Kingdom, shall by the advice and concurrence of the several Clerks of Cocquet, cause all and every Merchant (whether Native or Foreigner) exporter of the Commodities liable in payment of the quantities of Bullion, set down in the aforesaid Alphabet of Bullion condescended upon, and agreed to, as the same is now augmented and Ordained to be printed and published, find sicker Surety and Caution, or give Pledges that he may answer for, that Bullion equivalent in proportion to the quantity of goods exported, be delivered to the Officers of His Majesty's Mint, (and that of Foreign Bullion) either Plate or Silver, twelve Denier fine, and being base, to be considered by weight and reckoning, and the said Surety, or Pledges, to be taken before the said Merchant receive his Cocquet, Transire or other Warrant whatsoever, for exporting the saids goods liable in payment of the quantities of Bullion, as is aforesaid; and Prohibites and Discharges all and every of the said's Customers, and Clerks of Cocquet within this Kingdom, to exact or receive any of His Majesties, or His Predecessors, Coins or any other satisfaction whatsoever; except the said Foreign Bullion at the fineness aforesaid, and that not only under the pain of deprivation of their Offices, but also of punishing of their persons, and fining of them in their goods, by the appointment, and at the discretion of the Lords of His Majesty's Secret Council; and to the effect any such collusion or transaction may be discovered, His Majesty, with advice foresaid, Statutes and Ordains, that each person delating or discovering any such collusion, or transaction, as is aforesaid, shall receive and have paid to him, the third part of the value of the Bullion, that was due to have been paid by the Merchant exporter, but prejudice of the certification foresaid. As also it is Statute and Ordained, That the said's Customers, their Accounts, be controlled upon the quantity of Bullion delivered to the said's Officers of His Majesty's Mint, according to their Letters of receipt thereof; and what rests not delivered, that the Customers be answerable therefore; and that the said's Customers, grant a convenient time for home-bringing of the said Bullion, correspondent to the distance of the port, at which the goods exported are to be delivered; the longest time not exceeding seven months. And in like manner, it is Statute and Ordained, That the Alphabet of Bullion, as the same is now established and appointed to be printed and published, be of full force from the date of their presents. And that all Commodities exported after the said day, be liable to the several proportions of Bullion therein contained; notwithstanding of any Act or Acts, made or to be made, in this present Parliament, in favours of any Manufactories, Companies of Fishing or Trade, or other Acts whatsoever; which are hereby Declared, not to impede the payment of Bullion, augmented in manner foresaid. Follows the A, B, C. of Bullion, as it is now established by our Sovereign Lord and Estates of Parliament. A AShes, Pot-ashes, Wood, or Soap-ashes, the last four ounces. Bullion. Silver twelve Denier fine. Aquavitae, the barrel containing ten gallons two ounces. Bullion. Silver twelve Denier fine. Alum, ilk two hundred weight two ounces. Bullion. Silver twelve Denier fine. Anniz-seids, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Apples, ilk two bolls, or ilk four barrels two ounces. Bullion. Silver twelve Denier fine. B Barrel-staves the thousand two ounces. Bullion. Silver twelve Denier fine. Bear, every four bolls, half bowl two ounces. Bullion. Silver twelve Denier fine. Beeff, ilk three barrels two ounces. Bullion. Silver twelve Denier fine. Beans, every four bolls, half bowl two ounces. Bullion. Silver twelve Denier fine. Bear, called drinking bear, the ton four ounces. Bullion. Silver twelve Denier fine. Bell-mettal, the hundred weight two ounces. Bullion. Silver twelve Denier fine. Bullets, four thousand two ounces. Bullion. Silver twelve Denier fine. Bird-lime, ilk three hundred weight two ounces. Bullion. Silver twelve Denier fine. Brass, ilk two hundred weight, or barrel two ounces. Bullion. Silver twelve Denier fine. Bridles, the groce, or twelve dozen two ounces. Bullion. Silver twelve Denier fine. Brazile, ilk two hundred weight two ounces. Bullion. Silver twelve Denier fine. Butter good, ilk two barrels two ounces. Bullion. Silver twelve Denier fine. Butter corrupt, or Orkney Butter, ilk three barrels two ounces. Bullion. Silver twelve Denier fine. Bridle-bits, the groce, or twelve dozen two ounces. Bullion. Silver twelve Denier fine. Baikes, ilk five hundred weight two ounces. Bullion. Silver twelve Denier fine. Boots, ilk thirty pair two ounces. Bullion. Silver twelve Denier fine. Buckram, ilk hundred els two ounces. Bullion. Silver twelve Denier fine. Bark, ilk eight bolls two ounces. Bullion. Silver twelve Denier fine. C CAbles, ilk five hundred weight two ounces. Bullion. Silver twelve Denier fine. Cable-yarn, ilk thousand weight two ounces. Bullion. Silver twelve Denier fine. Cards called— New Cards, ilk six dozen two ounces. Bullion. Silver twelve Denier fine. Cards called— Old Woollen Cards, ilk twelve dozen two ounces. Bullion. Silver twelve Denier fine. Cards called— Stock Cards, every four dozen two ounces. Bullion. Silver twelve Denier fine. Cards called playing Cards, every three groce, or thirty six dozen two ounces. Bullion. Silver twelve Denier fine. Cheese, ilk five hundred weight two ounces. Bullion. Silver twelve Denier fine. Coals, every four chalders two ounces. Bullion. Silver twelve Denier fine. Cordages, tarred or untarred, ilk five hundred weight two ounces. Bullion. Silver twelve Denier fine. Corballs of Oak, ilk twenty pieces two ounces. Bullion. Silver twelve Denier fine. Copper, ilk thousand weight four ounces. Bullion. Silver twelve Denier fine. Cloth of all sorts, Linen and Woollen, ilk hundred els two ounces. Bullion. Silver twelve Denier fine. Copperas, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Cushions called sewed Cushions of all sorts, ilk twelve dozen two ounces. Bullion. Silver twelve Denier fine. Cambric, ilk hundred els four ounces. Bullion. Silver twelve Denier fine. D DEals of all sorts, the hundred two ounces. Bullion. Silver twelve Denier fine. Dornick, ilk hundred els two ounces. Bullion. Silver twelve Denier fine. E Eggs, ilk three barrels two ounces. Bullion. Silver twelve Denier fine. F FLocks, the thousand weight two ounces. Bullion. Silver twelve Denier fine. Fustians, ilk three pieces two ounces. Bullion. Silver twelve Denier fine. Feathers for Beds, ilk three hundred weight two ounces. Bullion. Silver twelve Denier fine. Flower, ilk four Bolls two ounces. Bullion. Silver twelve Denier fine. G Glue, ilk five hundred weight two ounces. Bullion. Silver twelve Denier fine. Gloves, ilk six groce two ounces. Bullion. Silver twelve Denier fine. Grograins of Scots making, ilk four pieces two ounces. Bullion. Silver twelve Denier fine. Galls, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Girdles, ilk hundred three ounces. Bullion. Silver twelve Denier fine. Ginger, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Glasses called drinking Glasses, and Glass Bottles, ilk twelve dozen one ounce. Bullion. Silver twelve Denier fine. Glass called Window Glass, ilk three chests two ounces. Bullion. Silver twelve Denier fine. H Hempseed, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Hemp, of all sorts, ilk eight hundred weight two ounces. Bullion. Silver twelve Denier fine. Herrings, White-herrings, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Herrings, Red-herrings, ilk five thousand two ounces. Bullion. Silver twelve Denier fine. Halberds ungilt, ilk three dozen two ounces. Bullion. Silver twelve Denier fine. Hides of all sorts, ilk three dacker two ounces. Bullion. Silver twelve Denier fine. Hose, Hose, Bonnets and Socks, of Wool, made in two ounces. Bullion. Silver twelve Denier fine. Hose, Lieth-winde, Dundee and other places in this two ounces. Bullion. Silver twelve Denier fine. Hose, Kingdom, ilk five hundred pair two ounces. Bullion. Silver twelve Denier fine. Honey ilk three barrels two ounces. Bullion. Silver twelve Denier fine. Horns, Buck-hornes, ilk five hundred two ounces. Bullion. Silver twelve Denier fine. Horns, Hart-hornes, ilk three hundred two ounces. Bullion. Silver twelve Denier fine. Horns, Oxen-hornes, ilk two thousand two ounces. Bullion. Silver twelve Denier fine. Horns, Ram, or Sheep-hornes, ilk five thousand two ounces. Bullion. Silver twelve Denier fine. Horses or Mears, ilk two thereof two ounces. Bullion. Silver twelve Denier fine. Horse's tails, ilk three hundred two ounces. Bullion. Silver twelve Denier fine. Hooks, ilk two groce two ounces. Bullion. Silver twelve Denier fine. Hops, ilk hundred weight one ounce. Bullion. Silver twelve Denier fine. Half-long Skines, ilk ten dacker two ounces. Bullion. Silver twelve Denier fine. Hard Wair, ilk hundred weight one ounce. Bullion. Silver twelve Denier fine. Horse-shoons, ilk hundred gang two ounces. Bullion. Silver twelve Denier fine. I JEists, of Oak, ilk twenty pieces two ounces. Bullion. Silver twelve Denier fine. JEists, of Fir, forty pieces two ounces. Bullion. Silver twelve Denier fine. Jedburgh Staves, ilk hundred two ounces. Bullion. Silver twelve Denier fine. Iron, ilk, fifty stone weight two ounces. Bullion. Silver twelve Denier fine. Iron, ilk three Ship-pound two ounces. Bullion. Silver twelve Denier fine. Iron, ilk last eight ounces. Bullion. Silver twelve Denier fine. Iron Pots, ilk three dozen two ounces. Bullion. Silver twelve Denier fine. Iron-Ordnance, ilk four hundred weight two ounces. Bullion. Silver twelve Denier fine. Indigo, ilk hundred weight three ounces. Bullion. Silver twelve Denier fine. K KEttles, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Killing, ilk hundred and one half two ounces. Bullion. Silver twelve Denier fine. Killing, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Knappel of all sorts, ilk five hundred two ounces. Bullion. Silver twelve Denier fine. Kine, ilk four of them two ounces. Bullion. Silver twelve Denier fine. Knives, ilk twenty dozen one ounce. Bullion. Silver twelve Denier fine. Kombes of all sorts, ilk hundred dozen two ounces. Bullion. Silver twelve Denier fine. L Lamb's, ilk thirty two ounces. Bullion. Silver twelve Denier fine. Led, ilk two thousand weight or fodder two ounces. Bullion. Silver twelve Denier fine. Lead-ore, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Leather called— Wilde-leather, ilk three dacker two ounces. Bullion. Silver twelve Denier fine. Leather called— White-leather, ilk four hundred skins two ounces. Bullion. Silver twelve Denier fine. Leather called— Leather-points, ilk ten groce two ounces. Bullion. Silver twelve Denier fine. Linning-cloath of all sorts, ilk hundred els two ounces. Bullion. Silver twelve Denier fine. Lint-seed, ilk three barrels two ounces. Bullion. Silver twelve Denier fine. Lint of all sorts, ilk eight hundred weight two ounces. Bullion. Silver twelve Denier fine. Ling, ilk hundred and threescore two ounces. Bullion. Silver twelve Denier fine. Ling, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Liquorise, ilk hundred weight one ounces. Bullion. Silver twelve Denier fine. Lobsters, ilk two hundred one ounce. Bullion. Silver twelve Denier fine. L●nt-wheels, ilk twelve dozen two ounces. Bullion. Silver twelve Denier fine. Lemons, ilk barrel of the measure of ten gallons one ounce. Bullion. Silver twelve Denier fine. M MAdder, cropt-madder, and all other bal-madder, two ounces. Bullion. Silver twelve Denier fine. MAdder, ilk two hundred weight two ounces. Bullion. Silver twelve Denier fine. MAdder, fat-madder, ilk three hundred weight two ounces. Bullion. Silver twelve Denier fine. Malt, every four bolls half bowl two ounces. Bullion. Silver twelve Denier fine. Meal, every six bolls two ounces. Bullion. Silver twelve Denier fine. Masts of all sorts, ilk dozen two ounces. Bullion. Silver twelve Denier fine. Mittens called woven Mittens, ilk thousand pair two ounces. Bullion. Silver twelve Denier fine. N NAils of all sorts, ilk twenty thousand two ounces. Bullion. Silver twelve Denier fine. Nuts, ilk eight barrels two ounces. Bullion. Silver twelve Denier fine. Needles of all sorts, ilk twenty groce, the groce containing twelve dozen one ounce. Bullion. Silver twelve Denier fine. Nightcaps, ilk thirty dozen one ounce. Bullion. Silver twelve Denier fine. New-lit, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. O OArs of all sorts, the hundred containing six score two ounces. Bullion. Silver twelve Denier fine. Oats, every six bols two ounces. Bullion. Silver twelve Denier fine. Oxen, ilk three of them two ounces. Bullion. Silver twelve Denier fine. Oil, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Orchyard-lit, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Onions and Onion heads, ilk four barrels two ounces. Bullion. Silver twelve Denier fine. Oysters, ilk twenty thousand one ounce. Bullion. Silver twelve Denier fine. P Pans' of Brass, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Pan's of Iron, ilk five hundred weight two ounces. Bullion. Silver twelve Denier fine. Passments, of Silk of all sorts, ilk four pound two ounces. Bullion. Silver twelve Denier fine. Passments, of Worstead or Thread, ilk twenty groce, the groce containing twelve dozen of els two ounces. Bullion. Silver twelve Denier fine. Pease, every six bols two ounces. Bullion. Silver twelve Denier fine. Penner and Ink-horns, ilk two groce two ounces. Bullion. Silver twelve Denier fine. Pewter, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Pistols, ilk eight pair two ounces. Bullion. Silver twelve Denier fine. Pitch, great or small bind, ilk four barrels two ounces. Bullion. Silver twelve Denier fine. Points of Silk, ilk four groce two ounces. Bullion. Silver twelve Denier fine. Points of Leather, ilk ten groce two ounces. Bullion. Silver twelve Denier fine. Points of Thread, ilk threescore groce two ounces. Bullion. Silver twelve Denier fine. Pots of Brass, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Pots of Iron, ilk three dozen two ounces. Bullion. Silver twelve Denier fine. Powder, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Pyp-staves, ilk six hundred two ounces. Bullion. Silver twelve Denier fine. Purses of Leather, ilk four groce two ounces. Bullion. Silver twelve Denier fine. Plaiding, ilk hundred els two ounces. Bullion. Silver twelve Denier fine. Pepper, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Paper, ilk forty reams two ounces. Bullion. Silver twelve Denier fine. Plaids called wearing Plaids, ilk hundred els four ounces. Bullion. Silver twelve Denier fine. Phingrim, being a sort of plaiding, ilk hundred els three ounces. Bullion. Silver twelve Denier fine. Prunes, ilk two hundred weight one ounce. Bullion. Silver twelve Denier fine. Pleuch-socks and Culters, ilk hundred two ounces. Bullion. Silver twelve Denier fine. Pellet-skines, ilk two hundred one ounce. Bullion. Silver twelve Denier fine. R Ribbons of Silk, ilk four pound weight two ounces. Bullion. Silver twelve Denier fine. Ribbons of Worstead, ilk ten groce two ounces. Bullion. Silver twelve Denier fine. Roset, ilk three hundred weight two ounces. Bullion. Silver twelve Denier fine. Rye and Rye-meal, ilk six bolls two ounces. Bullion. Silver twelve Denier fine. Rasines, ilk hundred weight one ounce. Bullion. Silver twelve Denier fine. Roe-skins, ilk hundred two ounces. Bullion. Silver twelve Denier fine. Runds of Cloth, ilk three thousand els one ounce. Bullion. Silver twelve Denier fine. S SAil-canvas, ilk two hundred els two ounces. Bullion. Silver twelve Denier fine. Sackcloth, ilk two hundred els two ounces. Bullion. Silver twelve Denier fine. Saddles covered, ilk twenty four two ounces. Bullion. Silver twelve Denier fine. Saddle-stocks, ilk thirty two ounces. Bullion. Silver twelve Denier fine. Soap, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Salmond, ilk three barrels two ounces. Bullion. Silver twelve Denier fine. Salt, ilk three chalders, two ounces. Bullion. Silver twelve Denier fine. Salt-peter, ilk two hundred weight two ounces. Bullion. Silver twelve Denier fine. Says of Scots making, ilk fifty els two ounces. Bullion. Silver twelve Denier fine. Says of Flanders making, ilk forty els two ounces. Bullion. Silver twelve Denier fine. Searges of Scots making, ilk fifty els two ounces. Bullion. Silver twelve Denier fine. Sheep, ilk twenty of them two ounces. Bullion. Silver twelve Denier fine. Silk of all sorts, ilk four pound weight two ounces. Bullion. Silver twelve Denier fine. Skins, called Calf-skins, ilk three dacker two ounces. Bullion. Silver twelve Denier fine. Skins, called Clipped skins, ilk fifteenscore two ounces. Bullion. Silver twelve Denier fine. Skins, called Cunning-skins, ilk two thousand two ounces. Bullion. Silver twelve Denier fine. Skins, called Fulmert-skins, called Fitchoes, ten dacker two ounces. Bullion. Silver twelve Denier fine. Skins, called Futfells and Skaldings, ilk thousand two ounces. Bullion. Silver twelve Denier fine. Skins, called Goatskins, ilk three hundred two ounces. Bullion. Silver twelve Denier fine. Skins, called Kid-skins, ilk thousand two ounces. Bullion. Silver twelve Denier fine. Skins, called Lambskins, ilk two thousand two ounces. Bullion. Silver twelve Denier fine. Skins, called Lentron ware, ilk thousand two ounces. Bullion. Silver twelve Denier fine. Skins, called Mariken-skins made in Scotland, ilk hundred two ounces. Bullion. Silver twelve Denier fine. Skins, called Mertrick-skins, ilk dacker two ounces. Bullion. Silver twelve Denier fine. Skins, called Otter-skins, ilk two dozen two ounces. Bullion. Silver twelve Denier fine. Skins, called Shorling-skins, ilk two hundred two ounces. Bullion. Silver twelve Denier fine. Skins, called Sealch-skins, ilk twenty dacker two ounces. Bullion. Silver twelve Denier fine. Skins, called Tod-skins, ilk half hundred two ounces. Bullion. Silver twelve Denier fine. Skins, called Veal-skins, ilk four dacker two ounces. Bullion. Silver twelve Denier fine. Skins, called Wool-skins, ilk fifteenscore two ounces. Bullion. Silver twelve Denier fine. Skins, called Woolf-skins, ilk two dacker two ounces. Bullion. Silver twelve Denier fine. Sparres, Roof-sparres, ilk hundred two ounces. Bullion. Silver twelve Denier fine. Sparres, Roof-sparres of Oak, ilk twenty two ounces. Bullion. Silver twelve Denier fine. Sparres, Wicker-sparres, ilk thousand two ounces. Bullion. Silver twelve Denier fine. Stulling, every six bolls two ounces. Bullion. Silver twelve Denier fine. Stirrop-irons, ilk ten dozen two ounces. Bullion. Silver twelve Denier fine. Stirrop-leathers, ilk twenty dozen two ounces. Bullion. Silver twelve Denier fine. Sword-blaides, ilk threescore two ounces. Bullion. Silver twelve Denier fine. Swords mounted, ilk twenty two ounces. Bullion. Silver twelve Denier fine. Sword-belts of leather, ilk twelve dozen two ounces. Bullion. Silver twelve Denier fine. Swine, ilk ten of them two ounces. Bullion. Silver twelve Denier fine. Suggar of all sorts, ilk sixty pound weight two ounces. Bullion. Silver twelve Denier fine. Sythes, ilk threescore of them two ounces. Bullion. Silver twelve Denier fine. Seathes, ilk five hundred thereof two ounces. Bullion. Silver twelve Denier fine. Seathes, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Shoes, ilk hundred pair two ounces. Bullion. Silver twelve Denier fine. Starch, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. Slyreland, ilk hundred els three ounces. Bullion. Silver twelve Denier fine. Shown Beds the piece two ounces. Bullion. Silver twelve Denier fine. Sulphur, ilk hundred weight one ounces. Bullion. Silver twelve Denier fine. T TAkle, ilk five hundred weight two ounces. Bullion. Silver twelve Denier fine. Tallow, called Narves Tallow, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Scots Tallow, ilk three barrels two ounces. Bullion. Silver twelve Denier fine. Tar of great and small bind, ilk six barrels two ounces. Bullion. Silver twelve Denier fine. Tyking for Beds, ilk hundred els two ounces. Bullion. Silver twelve Denier fine. Tows, ilk five hundred weight two ounces. Bullion. Silver twelve Denier fine. Trumpets, ilk five hundred one ounces. Bullion. Silver twelve Denier fine. Tobacco, ilk hundred weight one ounces. Bullion. Silver twelve Denier fine. Tobacco-pipes, ilk forty gross one ounces. Bullion. Silver twelve Denier fine. V VEals, ilk ten of them two ounces. Bullion. Silver twelve Denier fine. Vinegar of Wine, ilk two tuns two ounces. Bullion. Silver twelve Denier fine. Vinegar of Bear or Ale, ilk three tuns two ounces. Bullion. Silver twelve Denier fine. W WAdmoll, ilk two hundred els two ounces. Bullion. Silver twelve Denier fine. Wainscot of all sorts, ilk thirty of them two ounces. Bullion. Silver twelve Denier fine. Wax, ilk last or fourteen Ship-pounds four ounces. Bullion. Silver twelve Denier fine. Wheat, every four bolls half bowl two ounces. Bullion. Silver twelve Denier fine. Whale-shot, ilk two barrels two ounces. Bullion. Silver twelve Denier fine. Worstead yarn for Showing, ilk twenty pound two ounces. Bullion. Silver twelve Denier fine. Wool, ilk six stone weight two ounces. Bullion. Silver twelve Denier fine. Wines, ilk tun two ounces. Bullion. Silver twelve Denier fine. Wine-sellars, ilk twenty of them two ounces. Bullion. Silver twelve Denier fine. Whingers or Durks, ilk sixty of them one ounces. Bullion. Silver twelve Denier fine. Y YArn, Cable-yarn, ilk eight hundred weight two ounces. Bullion. Silver twelve Denier fine. YArn, Cotton-yarn, ilk sixty pound weight two ounces. Bullion. Silver twelve Denier fine. YArn, Irish-yarn, ilk three hundred weight two ounces. Bullion. Silver twelve Denier fine. YArn, Raw Linning-yarn, Dutch or French, ilk sixty pound two ounces. Bullion. Silver twelve Denier fine. YArn, Scots-yarn, ilk fifty pound weight two ounces. Bullion. Silver twelve Denier fine. YArn, Spruce or Muscovia-yarn, ilk two hundred weight two ounces. Bullion. Silver twelve Denier fine. YArn, Woollen or Bay-yarn, ilk hundred weight two ounces. Bullion. Silver twelve Denier fine. XXXVIII. Commission and Instructions to the Justices of Peace and Constables. OUr Sovereign Lord, taking to His Royal consideration, how much the appointing of Justices of Peace and Constables within all the Shires of this Kingdom, under the Reign of His Majesty's Royal Predecessors, did contribute to the Peace, Quiet and good Government thereof, and to the speedy and impartial execution of Law and Justice to all persons subjected to their jurisdiction and power. Therefore, and for the furtherance of these ends in the future, His Majesty, with advice and consent of His Estates of Parliament, Doth hereby Statute and Ordain, That in all time coming, there shall be Justices of His Majesty's Peace appointed within each several Shire of this Kingdom, to be nominate, from time to time, by His Majesty and His Royal Successors: Which Justices of Peace are hereby impowered to administrate Justice, and put His Majesty's Laws in execution, according to the particular Instructions , viz. The Justices of Peace at their first sitting, shall take the Oath of Allegiance, and Oath De sideli administratione: which at first shall be administrate to them by the Sheriff or his Depute of ilk respective Shire, or in their absence, by the Precedent and Conveener for the time. Followeth the Oath of Allegiance. I For testification of my faithful Obedience to my most Gracious and redoubted Sovereign, CHARLES, King of Great Britain, France and Ireland, Defender of the Faith, etc. Affirm, testify and declare, by this my solemn Oath, that I acknowledge my said Sovereign, Only Supreme Governor of this Kingdom, over all Persons and in all Causes; and that no Foreign Prince, Power or State, nor Person Civil or Ecclesiastic, hath any Jurisdiction, Power or Superiority over the same: And therefore I do utterly renounce and foresake all Foreign Jurisdictions, Powers and Authorities; and shall at my utmost power, defend, assist and maintain His Majesty's Jurisdiction foresaid against all deadly, and shall never decline His Majesty's Power nor Jurisdiction, as I shall answer to GOD. Followeth the Oath De fideli administratione. I As one of the Commissioners and Justices of Peace within Shires, according to my knowledge, wit and power, shall do equal Right both to rich and poor, conform to the Laws, Statutes and Customs of the Land; and that I shall not be of Council with any person in any quarrel or matter depending before me; and that I shall every Quarter keep the Sessions, or oftener, as I shall be required, not having any just impediment in the contrair, and shall faithfully and truly discharge my duty as a Justice of His Majesty's Peace, and shall leave nothing undone that may tend to the preservation of the same: So help me GOD. The Justices of Peace, in each respective Shire, shall meet and conveen together, four times in the year, viz. On the first Tuesday of May, the first Tuesday of August, the last Tuesday of October, and the first Tuesday of March. In which Sessions, they shall administrate Justice to the people in things that are within their Jurisdiction, and punish the guilty, for Faults and Crimes done and committed in the preceding Quarter; and by mutual and conjunct advice, make and rectify Ordinances for the Fees of Servants, Shearers in Harvest and other Labouring men, appoint Prices for all Handicrafts, elect or continue Constables or other Officers, and dispose of the Fines and Mulcts for payment of the Constables, Clerks and other Officers Fees, and employ the remanent on such necessary and pious uses, as they shall find most expedient; and shall have power to continue the said Sessions, or to adjourn the same to such days and places as shall be most convenient. Any one Justice shall have power upon complaint of any person, being threatened and fearing to be wronged, to bind the party complained upon, under such a pecunial sum to keep the Peace, as he shall think fitting: As also to commit him until Surety be found by him, the said Complainer always giving his oath before the Justice, that he hath just cause to dread him harm. And albeit no person complain, yet if the Justice be credibly informed of appearance of trouble betwixt any parties, he shall bind them to the Peace in manner foresaid, except the parties declare upon their consciences, that neither of them bear any grudge to other. And all such Bonds shall be kept and Recorded by him, and he shall make delivery of the same to the Clerk of the Peace at the next Sessions, to be kept and registrate by him. If any person being charged to make his appearance before a Justice of Peace, shall refuse or delay without cause, if the party be a Landed Gentleman, whose Rents exceed ten chalders of victual, or one thousand marks of silver, than the Justice (whose command is contemned) shall inform the same to some of His Majesty's Privy Council, to the effect, the party of the quality foresaid may be called and fined for his disobedience; and if the dissobeyer be of a meaner degree, the Justice of Peace shall hereby have power to command the next Constable, or in absence of a Constable, his own servant, or any other person having a Warrant in writ subscribed by the said Justice of Peace, with assistance of the Country, to bring any such party before him. If either the Sheriff or Baily shall condemn any person in Bloodwyt, or otherways convict him in any pain proper for him to impose, the Justice shall have no power of new to fine that Offender for that offence; but if they shall find him not condignly punished, in regard of the offence committed by him, they shall then inform His Majesty's Council thereof, that they may take order therewith; and if there be no satisfaction made by the Sheriff or Baily to the Party offended, the Justices may modify a reasonable satisfaction to the Party offended, he pursuing therefore before them: And if they find the satisfaction discerned by the Sheriff or Baily, in favours of the said Party offended, not condign, nor answerable to the offence and wrong sustained, than they shall also inform His Majesty's Council thereof, that they may take order therewith as appertaineth. If either Sheriff or Baily or their Deputes, by collusion with the Delinquent, shall suffer any person guilty, to be quitted or cleared by an Assize, the Party once cleared, is not to be brought further in question before the Justices, but upon their information, the Judges are to be called, censured and severely punished by His Majesty's Council. The said's Justices shall hereby have power to proceed upon all persons committing Riots, and breaking the King's Peace under the degree of Noblemen, Prelates, Councillors and Senators of the College of Justice, and to punish and fine according to the quality of the Crime, and the Estate of the Offender. And if any of the said's persons, being charged to compear before the saids Justices, shall disobey, the Summons being endorsed, the lawful Citation verified, and Fact proven, the Justices shall punish and fine the not compearing, according to the quality of the Crime and Estate of the Offender. And for the more clear determination of the order which shall be kept by the saids Commissioners, in the deducing of any such Process, Our Sovereign Lord, with advice of His Estates, Declareth, That it shall be lawful to the said's Justices, whensoever they have any occasion to move any action against Parties, for committing any like Fact or Riot, to refer the first Summons to the Parties oaths of verity, failzeing of other lawful probation; who being personally summoned by that first Citation, shall be holden as confessed, and Decreet to be pronounced against him, conform to the Libel and Summons. And if he be not personally summoned by the first Citation, the said's Commissioners shall be holden to cause summon him of new again, by a second Summons at his dwelling place; which two Citations shall be as sufficient to infer Decreet and Sentence upon the Libel against him, as if he were apprehended personally. And which Sentence given after the manner and form of probation above-written, His Majesty, with advice foresaid, Authorises and Sustains as good and lawful in themselves. And as concerning these persons of higher degree, the said's Commissioners shall use all their power for preventing and staying of the Riots, commanding the attempters in His Majesty's Name to cease, and to find Caution for keeping of the Peace, and for their compearance before His Majesty's Council. And if any person, being charged to find Caution, and refuse it, or delay to do the same, and in the mean time contraveeneth the said charge, by committing of some Deed betwixt the time of the Charge and finding of the Caution, nevertheless he shall be answerable for the pain, from the date of the Charge, likeas if Caution had been then found. The said's Commissioners shall put His Majesty's Act of Parliament to due and full execution against wilful Beggars and Vagabonds, solitary and idle Men and Women without Calling or Trade, lurking in Alehouses, tied to no certain services, repute and holden as Vagabonds; and against those persons who are commonly called Egyptians, and they shall punish and fine their Ressetters and Setters of houses to them accordingly, by such competent pains as is proper for them to enjoin. The said's Commissioners and Justices of Peace are hereby authorized and impowered, to give order (as they shall think most convenient and with least grief to the Subjects) for mending of all Highways and Passages, to or from any Mercat Town or Seaport within that Shire, and shall call before them all such persons as shall straight these Passages (or otherways by casting of Ditches or Fulsies through the same) shall make these Highways noisome and troublesome unto passengers, and shall punish and fine them according to the quality of their offence. And to the effect it may be known of what breadth all common Highways should be to Mercat Towns, Our Sovereign Lord, with advice foresaid, Declareth, That the same should be of twenty foot of measure in breadth at the least, and where any are of larger breadth, they Ordain the same so to remain unaltered or straitened, and that the said's Justices maintain the same, with all other Ways from any Town in the Paroch to the paroch Churches, in the estate as they are: And where they find any necessity of other Ways from any Town in the Paroch to paroch Churches, they shall inform His Majesty's Secret Council thereof, who shall give them (after sufficient information) their direction thereanent; according whereunto, they shall be holden to proceed. And if any person refuse to concur for mending of Highways and Passages, the said's Justices shall have power to censure and punish them according to their discretion; with provision always, that if in their proceed therein, they use such severity or rigour as may move just complaints against them, they shall be censured therefore by His Majesty's Secret Council as appertaineth. The said's Justices shall put His Majesty's Acts of Parliament to execution, against Cutters and Destroyer's of Plantting, Green-wood, Orchards, Gardens, Haynings, Breakers of Dove-houses and Cunninghares, Stealers of Bees and Bee-hives, users of unlawful Games with Setting Dogs, Slayers of red and black Fishes and Smolts, in forbidden time, Foulers fouling in other men's Lands, Makers of Moorburn and Mosseburn, Setters of Crooes and Nets in Waters and Dames, having, and keeping of Crooes and Yairs in forbidden time, and shall proceed against them accordingly. And for their better warrant to proceed in the premises, it is His Highness' pleasure, that Commissions be granted to the said's Justices of Peace, to try and punish the violators of the said's Acts; in the trial whereof they shall proceed by witnesses, or by oath of Party; and the punishment to be inflicted by them, shall be a pecunial sum, answerable to the circumstance of the offence, and quality of the offenders; with special provision, that their Censures and Punishments shall extend against none, but those against whom by privilege of their Instructions they may lawfully proceed. And also with provision, that the said's Commissions be not extended to any persons, who shall be arrested and convened for the said's crimes, before any other ordinary Judge. It is also provided, that the ordinance and power contained in this Article, shall no ways be prejudicial to any other Commissions, or Rights whatsoever, granted to other parties, whereby they have power to proceed and censure the crimes and offences above-written. Item, They shall inform the King's Majesty's Council, and His Highness' Treasurer, or Advocate, at the least once every year, of Forstallers and Regraters of Mercats, that order may be taken with them, conform to the Acts of Parliament. It shall not be leasome to any Hoastlar, to resset any Masterless Men and Rebels at the Horn, any Vagabonds, or other persons guilty of known crimes, or using Stouth and Reaf, under the pains under-written: To wit, forty shillings, to be incurred by them for the first fault, four pounds for the second, and ten marks for the third; together with the losing of the liberty of Brewing: The incurrers of the which pains, shall be punished according to the order foresaid, by the Barons and Masters of the ground whereupon the Hoastlar dwelleth, within the space of fifteen days after the committing of the Fact; and if the said's Barons and Heritors, neglect to do the same, within the said space, it shall be lawful to the said's Justices, to pursue and fine the Delinquents in their Courts, according to the pains foresaid, and to uplift the same from them; without prejudice always of whatsoever Acts, made against the saids Hoastlars in the Baron Court Books, under whom they dwell, bearing any higher pain, then as is set down in this above-written Act; and also without prejudice of all Action, Criminal or Civil, competent of the Law, against the saids Hoastlars, in case they be under the danger thereof, which shall not be taken away by any punishment, set down, and to be inflicted conform to this Act. Item, They shall inform the King's Treasurer and Advocate, of breakers and contraveeners of the Acts of Parliament, made against Malt-makers, that the transgressors and contraveeners thereof may be punished, conform to the Tenor of the said's Acts. They shall set down order in the Country, for Governance in time of Plague, and shall punish severely the disobeyers of the order appointed by them, according to the quality of the Delinquent. They shall appoint at the Quarter Sessions to be kept in August and February, the ordinary Hire and Wages of Labourers, Workmen and Servants; and who shall refuse to serve upon the price set down by them, shall be imprisoned, and further punished at their discretion: and to the effect Servants may be the more willing to obey the Ordinances to be made by the saids Justices, for the said's Fees, the said's Justices shall have power to decern, and compel the Master to make payment of the Fees, appointed by their Ordinance, in case the Servants please rather to pursue for the same before them then any other Judge. The said's Justices shall take notice in all Sheriffdoms, where there are any Goals, and Prison-houses, within any Burgh, that the same may be kept up and not suffered to decay or become ruinous: and if there be any Shire, where there is not any Goal or Prisonhouse, they shall inform His Majesty's Council thereof, that they may appoint and give order for building of one within the Head Burgh of the Shire, and according to the directions to be given thereanent, the Justices shall be holden to proceed. And because there be a great many of Prisoners apprehended and committed, who having no means of their own for their maintenance and entertainment, will otherways famish and starve before they can come to their trial, who not the less, in regard of the crimes committed, can no ways be put under surety, or otherways, in faults of less consequence, are unable to find sufficient Caution to be made forth coming, and answerable at the next Session; Therefore it shall be lawful to the said's Commissioners and Justices, at their Quarter Session, to rate every Paroch for a weekly proportion, for the entertainment of those poor Prisoners; providing they do not exceed the sum of five shillings Scots money at the most, nor under one shilling at the least; which sum shall be uplifted for that use by the Minister or Reader, who shall serve at every Paroch, from such Deacons, who shall be appointed to collect the same; and the said's sums to be delivered by the Constable of the Paroch, at the Quarter Sessions, in presence of the whole Bench then convened, to such persons as the said's Justices shall trust therewith, and who accordingly, shall make due account in paying the Jailers such rates as shall be allowed for the poor Prisoners, and making the rest forth coming for such use and intent of the like nature, as the said's Justices shall appoint. All Magistrates of burgh's, and keepers of any Goals or Prisons, shall receive into their Prisons, all such persons, as either shall be brought by Constables, or sent unto them by Warrants under the hand of any one Justice of Peace, the said's Justices causing satisfy for their entertainment; and if any Magistrates, or their Jailers, suffer any persons, committed by the Justices to their Prisons, to escape, they shall be condignly punished therefore, at the discretion of His Majesty's Council. Item, Our Sovereign Lord, with advice foresaid, Ordains the saids Commissioners, to set a price upon craftsmen's work, and upon the Ordinars of Penny-Bridals, together with the price of Shearers Fees, and to punish the Contraveeners, as appertaineth. They shall cause sufficient single and double Ale to be brewed in every Shire, and shall appoint Visitors to that effect, with consent of the Baron and Over-lord of the ground: They shall set down Acts against notorious and common Drunkards, and impose sums upon the Contraveeners, according to their qualities and deserts. Our Sovereign Lord, with advice foresaid, Declareth, That Three Justices of Peace shall be a full number and Session, to decide in matters occurring betwixt the four Quarter Sessions. Also Declares, that no Letters of Caption ought to be granted against the saids Justices, for apprehending of Rebels, except they be found subject to do the same, by possessing of such other offices and places, to the which the obedience and putting to execution of any such charges doth belong. And because there is sensible prejudice seen and felt through many parts of the Kingdom, by reason of diversity of Measures and Weights used in the same. Therefore Our Sovereign Lord, with advice foresaid, for removing of all abuses which may ensue in any time to come thereby, Hath found expedient, and by this Decreet and Statute of Parliament, Decerns, Statutes and Ordains, That there shall be but one just Measure and Weight through all the parts of the Kingdom, which shall universally serve all His Highness' Liege's, by the which they shall sell and buy, and receive, and give out in all times to come; which Measure, His Majesty with advice foresaid, finds should be that Measure of Linlithgow, which is now commonly used and which hath been used most customably through the greatest parts of this Kingdom these many years bypast. And for settling a perfect Order, whereby all the Measures that are now used may be reduced to the conformity of the said's Measures now authorized; and for making of proportion answerable betwixt the lesser Measure and Weights, and the greatest. His Majesty with advice foresaid, hath granted full power and Commission to Alexander Frazer of Phillorth, Sir Gilbert Ramsay of Balmayn, William Scot of Ardross, John Murray of Touchadam, Sir Robert Hepburn of Keith, James Creightoun of Saint leonard's, Sir Andrew Ramsay, Sir Robert Murray, Sir Alexander Wedderburn, John Bell, William Cunningham, Andrew Glen, Sir William Thomson. Whom, or any seven of them, His Majesty, with advice foresaid, Ordains to meet and conveen together, at such time and place as they shall think expedient, and to consult and advise together, and to appoint and determine upon the most convenient means, how the said Measures and Weights may be reduced to the conformity foresaid; and after they have ripely advised therewith, and given forth their determination thereanent, they shall deliver the same, and whole course of their proceedings, in the said matter, to the Commissioners and Justices of Peace, and to the Deans of Gilled of the Head burgh's of the Shires, who shall be holden carefully to do their diligence, to see the Measure foresaid, now appointed, to have course through all parts, as well Burgh as Landwart. And that there may be one constant conformity in Head Burgh and Land, Our Sovereign Lord, with advice and consent foresaid, Ordains, that the said's Justices of Peace, in Landwart, take trial of the Measures and Weights used in Burgh, and to take a Note from the Magistrates, and Deans of Gilled of every Town, of the Weights and Measures, and of the number thereof, which the said's Magistrates and Deans of Gilled in Burgh, shall be holden to show, declare and give up to them, to the effect the said's Justices to Landwart, may confer the same with the Standard now authorized; and where they find any disconformity in the same, from the said Standard, the said's Justices shall inform the King's Majesty's Council thereof, that they may take order therewith as appertaineth: For it is expressly provided by these presents, that the said's Magistrates in Burgh, shall not be permitted to have or use more Measures within Towns, than the number to be professed by them, and given up in Writ to the said's Justices to Landwart, as said is: this always being respected, That if the said's Magistrates within Burgh, find any necessity for having any more Measures than was given up and used by them before, it shall be licenced to them to make more Measures, they being answerable and conform to the Standard; and making the said's Justices to Landwart foreseen and acquaint therewith, and declaring the number of the Measures, whereof they find the necessity of use. The said's Justices shall be holden to give command and direction to their Constables, to apprehend any such person, who shall be found contemptuously to have disobeyed the Censures of the Church, they being lawfully required to do the same. The said's Justices of Peace, as well to Burgh as Land, shall conveen and be present at the Quarter Sessions of the Shire where the Burgh and Land lieth, give their Oath to the Bench at their admission, make their Record, and make payment of the Fines intrometted with by them, as Justices of Peace of that Shire, to their Collector. They shall appoint a sufficient Collector for uplifting the Fines and Penalties, which they have power to impose upon an Offender, and are to take Caution of him for making due account. They shall have, during the time of Sessions, for every day of their abode (so it do not exceed the number of three days at the most at one time) allowed to every one of them, forty shillings Scots money, daily to be paid and uplifted by the Collector of the Fines; but neither Earl, Lord, Bishop, Privy Councillor or Sessioner, shall have any allowance; and all such Justices as have the benefit of that allowance, and shall be absent from every ordinary Quarter Sessions, or otherways when he is required lawfully by the Custos Rotulorum to any particular Meeting, shall incur the penalty of forty pounds Scots money not being lawfully excused, and the excuse allowed by the rest of the Justices there assembled. The Lords of Session shall direct general and summar Charges of Horning and poinding, at the instance of the Collector appointed in every Country for ingathering all Fines and Penalties whatsoever incurred, upon a simple Charge of fifteen days; and no Suspension shall be granted thereof, but upon consignation of the sums contained in the Sentences, and by finding Caution for payment of the charges, at the modification of the said's Lords. The said's Commissioners, at the end of every Quarter Session, shall send to His Majesty's Council, a Catalogue of all such persons as they have either committed, or otherways put under surety, with a short Abbreviate of the cause thereof; to the effect, that thereupon the Council, as they shall think expedient, may return to them against their next Session, or to the Custos Rotulorum in the mean time, their further directions. The said's Justices shall put in execution, all Acts of Parliament made for punishing all persons whatsoever, who shall Curse or profanely Swear, or shall be Mockers or Reproachers of Piety or the exercise thereof; and shall require and levy upon every Offender, the several penalties following, viz. Of a Nobleman twenty pounds; each Baron twenty marks; each Gentleman, Heritor or Burgess, ten marks; each Yeoman forty shillings; each Servant twenty shillings, Scots money; each Minister the fifth part of his years Stipend; without prejudice to other proceed against any such Minister for the same. And in any of all the cases before specified in this Instruction, the said's Justices shall put in execution all such Laws, as for Corporal punishments, have any provisions mentioned in them for such cases: And in case of the inabilities of the party's Delinquents to pay the sum mentioned in this Instruction, the said's Justices shall put in execution such Laws, as for Corporal punishments, have any provision mentioned in them for such cases; and that the Wife's Delinquents shall be punished according to the quality of their respective Husbands, and that their Husbands be liable for the payment of their Wives Fines respectively, in manner , toties quoties for each fault: And all others whatsoever, not particularly herein nominate, are to pay in proportion to their respective qualities and degrees. And also, the said's Justices are to put in execution, the Acts of Parliament made for the punishing of all persons that shall be found guilty of the sin of Fornication; and that they levy or cause to be levied, the several pecunial sums therein mentioned, viz. For each Nobleman, for the first fault four hundred pounds; each Baron two hundred pounds; each other Gentleman and Burgess one hundred pounds; every other person of inferior quality ten pounds, Scots money; and that these penalties shall be doubled toties quoties, according to the relapses and degrees of the Offence, and quality of the Offenders. And that the said penalties shall be levied, not only of the Man, but also of the Woman according to her quality and the degree of her offence, the one without prejudice of the other. All and sundry which penalties so to be levied, are to be disposed of as followeth; To wit, one half to pious uses in the same Paroch where the Offenders live, or the offence hath been committed, and the other half to be divided in two equal parts, one part whereof to be given to the Informer and Prosecutor, and out of the other half, to satisfy the Constable, or other persons who shall be employed for bringing the person accused to Justice, and the remainder to be disposed of to pious uses, or to satisfy the Constables for their travel and service in other parts of their office, according as the Justices shall think fit. That the Justices shall put the Acts of Parliament in execution, for the punishing of all persons found guilty of the sin of Drunkenness or excessive Drinking, especially under the names of Healths, or haunting Taverns or Alehouses after ten of the Clock at night, or at any time of the day, except in time of travel, or for ordinary refreshments. As also against the keepers of the Taverns or Alehouses, that shall sell the drink unto them: Which Penalties in the said's several Acts contained, the said's Justices are to levy, or cause to be levied, upon the saids Delinquents; and the said's penalties are to be disposed of by the saids Justices, in likemanner as aforesaid. The said's Justices shall put in execution, all Acts of Parliament, made against such persons as shall Profane the Lordsday, and require or levy the penalties therein contained: which penalties foresaid, the said's Justices are to dispose of, in likemanner as aforesaid. And at what time and whensoever one shall accuse another person or persons to be guilty of Treason, Murder or other Felony, Blasphemy, Incest, or any other heinous Crimes: in such cases the said Justice or Justices, shall forthwith cause such person or persons to be apprehended, and after inquiry made in the cause, the said Justice or Justices, if they find cause, shall commit the Offender to prison, or take sufficient Bail, if the case by the Law be bailable; and shall take the information of the Party accusing upon oath, and bind him to prosecute, and shall take the testimony or deposition of the witnesses likewise upon oath, and bind them to give in evidence, and shall also take the examination of the party accused. All which Recognizances, Informations, Depositions and Examinations, the said Justice or Justices, shall certify to the next Quarter Session, Assizes or Criminal Courts respectively, to the end the Justice may proceed against them according to the Law. And if any Nobleman, Baron or Baily, or any in their names, having power, shall acclaim the right of Jurisdiction to proceed against any Delinquent apprehended by a Constable for any Capital crime: Then, and in that case, any of the Justices shall receive security of the said Party, who required the Defender to be delivered to him, that justice shall be duly ministered, and then shall cause delivery of the said person to be made to him; and the said Justice of Peace, at the next Session, shall certify the whole matter to the Bench; to the effect they may inquire, whether justice hath been accordingly ministered, and if any fault be found, to advertise His Majesty's Council, that order may be taken therewith. The said's Justices shall twice in the year, at the first of December and the first of June, take up a list of the Poor in every Paroch within Burgh or Land: into which number there shall no person be received, who are any way able to gain their own living; and to the effect these Poor may no longer be necessitate to seek their living, with such hardship and difficulty by scandalous vaging, as hitherto they have been in use of, the Justices shall appoint two or more persons of good same and quality in every Paroch, to be Overseers for the Poor in each Paroch aforesaid, and to authorise the said Overseers, to make due trial and examination of the condition and number of such Poor, Aged, Sick, Lame and Impotent inhabitants of the said Paroch, who (of themselves) have not to maintain them, nor are able to work for their living, as also of all Orphans and other poor Children within the said Paroch, who are left destitute of all help; and the said's Overseers are to list and enrol all such persons, and to provide them such a convenient House for their dwelling, either a part or together, as they shall judge requisite; and upon consideration had, what the necessary maintenance will extend to weekly, the said's Overseers are to call for the Collections of the said Paroch, or other Sums appointed for the maintenance of the poor thereof; and the persons who have the said's sums in their hands, are hereby required to deliver the same to the said's Overseers; and their Receipts under their hands, shall be their sufficient discharge: which Sum so received, the Overseers are to dispose proportionably to the several poor people aforesaid, according as they shall find their necessities to require: and the said's Overseers are to take due trial of the good behaviour and carriage of the poor persons, listed and enrolled as aforesaid, that if any of them being so provided, shall go abroad to beg, or otherways miscarry themselves, or shall refuse, being able, to work any manner of work that they are able to perform; in such cases, the said Overseers are to acquaint the said Justices therewith, who shall appoint such punishments for the first fault, as in their judgements they shall find requisite; and if they shall continue in such miscarriages, they are to be holden and reputed as Vagabonds, and so to be proceeded against according to the Law in that case provided. And to the end that there may be an exact performance of the Premises, the said's Justices are hereby required, to call before them the saids Overseers once in every six months, or oftener if they shall think expedient, to give an account upon Oath of the whole Sums received by them, and to produce the Rolls of the said poor, together with an Account of what money they have received any otherways, for the use of the said poor; and after a due consideration of the charge, together with the Discharge thereof, to approve, allow, or disallow the same, as shall be found just: and the said Justices are to take due trial and examination how the said's Overseers have discharged their Trust; and in case of the refusal of any of the said's Overseers, nominate and elected as aforesaid, to accept the said office, or having accepted, shall be found negligent therein, or shall refuse or delay to give an account of their intromissions, when required as foresaid, or to deliver what money shall be found resting in their hands, undisposed of at the end of the year, unto such new Overseers as shall be appointed: in such cases the offenders shall incur the penalty of twenty pounds' Scots, to the use of the Poor, and suffer such further Censure, as the said Justices, at their Quarter Sessions, upon consideration had of their fault, shall see meet to impose. And further, the said's Justices are hereby impowered and commanded, to call for an account from these who took upon them to exerce that place and office, during the late Usurpation, of all Fines, Penalties and others, raised, exacted or uplifted of any persons, and to ordain them to deliver and make payment to them of what hath not been by sufficient order disposed of: and in case of any difference arising thereupon, that the Justices consult His Majesty's Council, who shall give their orders therein. Constables. OUr Sovereign Lord, with advice of His Estates, Finds and Declares, that the Constables are to be made choice of, by the Commissioners and Justices of Peace, in their Quarter Sessions, throughout the whole Country, two at least in every Paroch, or moe, according to their discretion, having consideration of the quality thereof: In great Towns likewise, not being Cities nor free burgh's, they are to appoint a number of Constables proportionably to the greatness thereof; but in all burgh's Regal, and free Cities, the Constables are to be chosen by the Magistrates of the same; and they are to endure, and to be changed, from six to six months. And who shall refuse to accept the Charge, and not to give his Oath for dutiful execution thereof, shall be imprisoned, and fined at the discretion of the Justices of Peace at their next sitting. Followeth the Oath to be taken by the Constables. I do Swear, that I shall faithfully and truly discharge the Office of Constabulary, within the Paroch of, etc. enduring the time appointed to me, and shall not for favour, respect, or fear of any man, for bear to do what becometh me in the said Office: and above all things, I shall regard the keeping and preserving of the King's Majesty's Peace, and shall at every Quarter Session and meeting of Justices, give true and due information of any breach which hath been made of His Majesty's Peace, within the bounds of my commandment; and shall no way hid, cover, nor conceal the same, nor any of the proofs and evidences which I can give for the clearing and proving thereof: So help me GOD. All the Constables, or at least one of every Paroch instructed with power to answer for the rest within the said Paroch, shall attend at every Quarter Session; there to give information of all such breaches of the Peace, and other misdemeanours as have happened within their bounds, since the preceding Sessions, and have come to their knowledge; and shall no way hid, cover, nor conceal the same, nor any of the proofs and evidences which they can give for the clearing and proving thereof; and otherways to give the Bench further information in any thing wherein they shall be required, and to receive from the said's Justices at the end of the Session, such order and direction, as they then shall enjoin and appoint. Every Constable, in their respective parochs, shall apprehend any suspicious persons, who are night walkers, and cannot give a good account of themselves, and carry them to the next Justice of Peace, to find Caution for their good behaviour, or otherwise be committed to Prison; and the said Constable, or Constables, shall stay and arrest all Vagabonds, sturdy Beggars and Egyptians, and carry them before some Justice of Peace, who shall take order for their committing to Prison, or other punishments, according to the Statutes of Parliament. Every Constable, in their respective parochs, shall arrest all Idle persons, whom they know to have no means to live upon, and will not betake themselves to any Labour, Trade or Occupation; and shall carry them before some Justices of Peace, who after examination shall either commit them to Prison, or take Surety of them for their appearance at the next Quarter Session. All Constables, in their respective parochs, shall apprehend every person or persons, that shall be guilty and culpable of Slaughter, Murder, Theft, or any other culpable crime whatsoever; and shall require his Neighbours to assist for safe conveying of such person or persons, to the next Justice of Peace, who shall commit him or them, or take Surety according to the Instructions given to the Justice of Peace in such like cases. And if any person or persons, shall refuse or delay to assist the said Constable or Constables, in executing his or their offices, such persons, for refusing or delaying, shall be imprisoned, or otherwise punished by the said Justices at their Sessions. All Constables shall arrest any person not being in His Majesty's service, who shall be found wearing of Hagbuts, Guns or Pistols in any sort, and shall carry them before some Justice of Peace, who is either to take security for their appearance the next Quarter Session, or commit them Prisoners till they do the same, unless they be Licenced from the Council, or some impowered from them to give such Licences. Upon the appearance of any Fray or Stir betwixt parties, the Constable shall require the assistance of his Neighbours, for sundering of the parties; and if there be any harm done to the Constable, or any of the Assistants, by them who made the Fray, they shall be punished by the Justices at the next Session. When any person or persons, have made a Fray, and then flee to an house; the Constable or Constabls may follow to the house, to open the doors: which if he or she shall refuse, he shall take notice of the Master or Keeper of the house, and require witnesses thereon; and albeit the Delinquent shall flee further, without the bounds of the Constable's charge, yet may the Constable follow and apprehend him in a fresh pursuit, and crave concurrence of the Country for that affect. The Constables in every Paroch, shall execute all such Precepts and Warrants as they shall from time to time receive from the Justices of the Peace. And that the said's Constables may have satisfaction for their travels and pains, Our Sovereign Lord, with advice foresaid, Ordains the saids Justices to give up particular Notes in writ, to the Auditors of His Majesty's Exchequer, of the Fines in-brought to them, that out thereof, such measure and satisfaction may be appointed and given to the said's Constables, and also to the Clerks of the Peace, as may recompense their travels; wherein if it shall be found, that the said's Fines shall not be sufficient, the said's Lords of His Highness' Chequer, shall appoint such further satisfaction to them, as in their discretion they shall think their labours and diligence do deserve, and cause them be paid of the same. And notwithstanding of this above-written Act, and all the particulars foresaids' contained in the same, Our Sovereign Lord, with advice and consent of His said's Estates, Statutes, Decerns and Declares, That the erection of the said's Commissioners and Justices of Peace, and grant of Jurisdiction and Privileges to them, and the making or approbation of the particular Acts above-written, introduced in their favours, or any thing therein contained, shall not be in any sort derogatory or prejudicial to the Rights, Privileges and Liberties, granted and bestowed by His Majesty or His Highness Royal Predecessors of before, to any of His Majesty's Subjects, of whatsoever estate or quality from the highest to the lowest: But Declares, that the saids Rights, Privileges and Liberties shall remain in their own integrity, safe, entire, unhurt or unprejudged by the Premises, or any thing expressed in the saids Articles and every one of them, and are holden as especially reserved and excepted out of the same. And lest this above-written Reservation, should seem altogether to destroy the power granted to the said's Justices, or should beget controversy betwixt them and any other having right and liberty of Jurisdiction as said is, Our Sovereign Lord, with advice foresaid, for removing of all question, which may arise betwixt them thereanent, Declares, That it shall not be lawful nor permitted to the said's Justices, to make any Citation of Parties before their Courts, till the expiring of the space of fifteen days after the committing of the Fact for the which the Committer is to be convened: At the complete out-runing of the which space, if any having Power and Jurisdiction as said is, hath omitted and neglected to use and exerce the Privilege and Liberty of their Right and Power; It shall then be lawful to the said's Justices to make Citation, and to proceed against the Parties, according to the Power and Authority given to them by His Highness, with advice foresaid, and conform to the particular Articles above-written in all points, and no otherways If any Party complain to a Constable that he is threatened by another, then shall the Constable apprehend the Threatener and carry him with the party Complainer before the next Justice of Peace, and if he refuse to go, then shall he carry him to Prison. Which all and sundry the premises, Our Sovereign Lord, with advice and consent foresaid, Ratifies and Approves in all points, in manner as the same proports. And gives unto them the strength and force of Acts and Ordinances of Parliament, and Ordains execution to pass upon the same as effeirs. XXXIX. Act for the Fishings, and Erecting of Companies for Promoving of the same. OUr Sovereign Lord, considering the best and readiest means for improving the benefit and advantages which properly belong unto Him, by the Fishes which are, or may be, taken within the Seas, Channels, Firths and Loches, adjacent and surrounding this His ancient Kingdom. And perceiving the same may be of great advantage many ways, especially in that the said Trade will not only be a Nursery for Sea-fareing men, and a speedy occasion of building Ships for His Majesties and His Subjects use, both in Peace and War; But likewise will set many poor and idle persons a work, and furnish the materials of a great native Export, for the continual enriching of His Majesty's Kingdoms, by a sure foundation of Trade and Commerce. For which ends, and that the said Trade of Fishing may be the more effectually advanced and promoved within this His Majesty's ancient Kingdom, His Sacred Majesty, with consent of His Estates now convened in this present Parliament, hath Erected, and by the tenor hereof Erects, Creates and Establishes, particular Societies and Companies of His Majesties own free born naturalised Inhabitants in Scotland; and of all others who shall be taken and enrolled in any of the same Companies and Societies, and admitted to the privileges thereof, and shall enter themselves in the saids Societies within any Shire or Burgh of this said Kingdom, one or moe, betwixt and the _____ day of _____ as the first modern Societies and Companies to the effect after-specified, Constituting and Creating such persons who shall enter themselves, and their successors, in a Body and Incorporation politic, to exerce the Trade underwritten. And Ordains that none be accepted therein, except he who shall enter the sum of five hundred marks Scots, at least, of Stock, in the said Society. And Wills and Grants, that whosoever are of the foresaid Societies or Companies to be Constitute, their Heirs or Assigns, shall enjoy the yearly benefit of the Stock to be given by them, in all time after the in-giving thereof; but to have no power to uplift the Stock, except by consent of the Company or Council thereof after-specified. Granting and Committing, likeas, His Majesty, by the tenor hereof, Gives, Grants and Commits, to the said's Companies and Societies so to be Constitute, and to all such whom they or their Successors shall admit or receive therein, full power to take and fish, Herring and White-fish, in all and sundry Seas, Channels, Firths, Rivers, Floods, Lakes and Loches of this His Majesties said ancient Kingdom of Scotland, and Isles thereunto belonging, wheresoever Herring or White-fish are, or may be taken, and to bring in and disburden the saids Herring and other White-fish, to all and sundry Ports, Harbours, Shores; and to lay the same on the Land, and to pickle them with Salt, and to dry, and load the same in Barrels and Puncheons; and for conservation of the saids Herring and Fishes, to build Houses and little Cottages, and other things necessary for the use of the said Fishing-trade, in whatsoever places shall be convenient, upon the payment of the allowance under-written, unto the Lord or Master of the ground; or otherwise, to sell, use and dispose upon the saids Herrings and other Fishes, to the Inhabitants, or to keep and conserve the same in their Ships and Boats, and to make and prepare them therein, and to carry and transport the same to Foreign parts beyond Seas, in Ships and other Vessels belonging to them, or His Majesties other Subjects; and to sell, use and dispose thereupon, to such who shall be in friendship and amity with His Majesty and His Successors. With power also to the said's Companies and Societies respective, to elect and make choice of such of their own number as they shall think fit, for making and frameing of Laws, Statutes and Rules, for the right regulating, managing and carrying on of the said Trade of Fishing (the saids Laws being always approven and allowed by the Council of Trade) and to punish transgressor's accordingly. And that none be admitted to be Councillors of the said's Societies, except such who shall enter of Stock the sum of one thousand marks money foresaid, and that they be Scots-men, or naturalised Strangers, and Residenters within the said Kingdom. And to the which Council, so to be Nominate and Constitute, the said Companies respective shall submit, and to all their Acts, Statutes and Rules, especially, but prejudice of the generality foresaid, to the particular Rules under-written. To wit; First, That none after the erecting and settling of the said Company or Society, may enter or come in but by consent of the Company or the council thereof, after the said _____ day of _____ next, except they be appointed to be enrolled and taken in by the Council of Trade, to whom any person, in case of exclusion, may make his Address. Secondly, That the return from Foreign places upon this Stock, may be all sold in free burgh's and to free Burgesses within this Kingdom, by the saids Companies or any of them or their Factors, without any previous offer to the Burgh; providing they do not retail by selling less quantities nor five Tun of Wine, or the equivalent in value in other Commodities; and if the Import and Return shall be of less quantities, then and in that case these Commodities shall only be sold in whole sale, without any retail whatsoever. Thirdly, That no Herring or White-fish taken by Scots-men in the said Kingdom or Isles thereto belonging, be sold, fresh or salt, to any but to Natives, except by the Companies respective: And that no Stranger unnaturalized, shall have liberty to make and prepare Herrings or White-fish upon the Land, or to make Booths for that effect, under the pain of confiscation of what shall be seized upon, and the double thereof to be exacted of the Seller, except they be free of one of the Companies foresaid. With power also to the said Council, to use and have a Seal and Gage for ilk Company respective, wherewith all their Barrels or Puncheons may be marked, and that ilk Barrel of green fish contain twelve gallons, which is to be the ordinar Gage betwixt Buyer and Seller. And also to make use of, and employ, all and sundry Tolbooths and Wardinghouses, where necessity requires, for holding of Courts, warding or punishing of Transgressor's, the burgh's being always free of the charges of the Prisoners; and further, to depute such of their number as they think fit, concerning all businesses and affairs, and to cognosce and determine in all questions and debates relating to the said Trade of Fishing; and to cause execute such Decreets and Sentences as shall be pronounced thereupon: And for that effect, to make choice of Officers and Servants, and to administer Oaths to them, and amongst themselves, for the good of the Trade; and if need be, with power to the said Council, to design certain Judges under them in convenient places, to administer Justice in the matter of the Trade of Fishing allanerly. And Our said Sovereign Lord, being most willing to cherish and encourage the foresaids Societies and Companies, in the said Trade, Hath out of His Innate Beneficence and Royal Bounty, Ordained, and by the tenor hereof Decerns and Ordains, that Salt, Cordage, Hemp, Cork, Pitch, Tar, Clapboard, Knaple, Skewhoops, and Holland Nets, imported for the Trade of Fishing foresaid, by the foresaids' Companies respective, is, and shall be, free of any Custom or other Imposition whatsoever; and that the Herring and White-fish taken, made or prepared therewith, are and shall be free of any manner of taxation or burden in the exportation of the same. And also, that all Strangers Fishers, who shall repair to this His Majesty's ancient Kingdom, and will come and make their residence within the same, shall be naturalised by His Majesty, upon the desire and application of any of the said's Councils, and shall be entered Burgesses in any City where they shall reside, and shall be freed of all manner of taxation, for the space of seven years next after their arrival. And further His Majesty hath Released and Discharged, and by the tenor hereof simpliciter Releases and Discharges, the Teind Herring and Teind Fish, of all such Herring and Fish, which shall be taken by the Boats and Fishers of the said's Companies respective, or such who shall be hired by them, in all time hereafter. And also, Exoners and Discharges the Excise Herring due to His Majesty (except the Herring of Dumbar) for all the days, space, years and terms of nine years, next after the date hereof. And in likemanner, His Majesty Declares, That all Ale, Bear, Strongwaters, and other provisions for out-reeking of any Vessel for the said's Fishings of the said Companies, is, and shall be, free of all manner of Impositions whatsoever, Commanding hereby the Lords and Masters of the ground, in all places through the said Kingdom where there is Loch or other Fishings, not only to protect, maintain and defend the said Company and Society, and all Masters of Ships, Fishers and others whatsoever, going about the said Trade, and belonging to the respective Companies of Fishing, from all harm, trouble or damage whatsoever, or else to satisfy and refound their loss and damage which they shall sustain upon their Land; but also that they, nor none of them, presume nor take upon hand, to exact or levy, any more from the said's Fishers, Merchants, or their Servants, belonging to the said's Companies, for Ground-leave, but only twelve shillings Scots for every Last; and that in full satisfaction of the saturdays fishing, or any manner of Deuce whatsoever. And for the greater encouragement of Merchant-fishers, Masters of Ships and other Vessels, and their Servants, to attend the said Trade of Fishing; His Majesty, by His Sovereign Authority and Prerogative Royal, not only by these presents Declares the Ships, Boats and other Vessels, with their Furniture, provided for, and in exercise of, the said Trade of Fishing, no ways to be Arrestable by any Creditor, but that the same, and those that shall serve therein, shall not be Pressed to any public service, without His Majesty's particular Command. And that the Fishers, Masters and Servants, in the saids Vessels, and makers of Herring and White-fish, during the whole time of the said Fishing, and their employment therein, shall be free from all Actions, and no ways conveenable before any Judge or Judicatory whatsoever, for any cause or causes Civil, which may be intended against them; But also by the tenor hereof Declares, the said's Fishers, Masters and their Servants above-written, shall be free of all Captions, Arrestments or other Attachments on their persons, or against their Materials and Instruments of Fishing, during the time and season of Fishing, they being actually serving therein allanerly. And further, that none who shall be upon the Council, or any of the Societies of Trade foresaid, shall be liable to Sess, Stents or Taxations, for what Stock they have entered, or shall enter in the saids Companies or Societies respective, or for the benefit and profit arising thereby in time coming. And it is hereby Declared, that it shall be licent to any of the Council or Societies of the said Trade of Fishing respective, for the good thereof, to dwell and reside in any part or place of this said Kingdom, albeit they be Burgesses in any Burgh Royal, and not thereby lose their freedom, notwithstanding of any Act or Acts in the contrair. And in likemanner it is hereby Declared, that no person or persons shall have liberty to export Herring or Fish, nor use or have the Privileges, Liberties and Immunities above-written, but those that shall enter themselves, and be free in one or other of the said's Companies and Societies. And finally, It is hereby Statute and Ordained, that those in the several Shires and burgh's of this Kingdom, who shall enter in the saids Companies and Societies, conform to the tenor of this present Act, shall give an account thereof to the Parliament, or His Majesty's Council of Trade for the time, within _____ after the erection thereof, that the same may be Recorded ad futuram rei memoriam. XL. Act for Erecting of Manufacturies. OUr Sovereign Lord, considering how many great advantages this Kingdom, and the Subjects thereof, may have by the Erecting, Cherishing and Maintaining of Manufacturies, thereby keeping in the Country great sums of money, daily exported for bringing in such Commodities as may be made at home, and bringing in money for such commodities as may be made and wrought within the same, and exported to Foreign Nations; besides that thereby many Poor people and Idle persons and Vagabonds, will be set at work and entertained, whereby virtue will be increased and idleset kerbed and restrained. And that upon this account, and for this end, several Acts have been passed by His Majesty's Royal Predecessors, in their Parliaments, Conventions and Councils; and especially the one hundred and thirteenth Act of the seventh Parliament, and the two hundred and fifty, and two hundred fifty two Acts of the fifteenth Parliament of King James the sixth, and Acts of Council in the years one thousand six hundred, one thousand six hundred and one, one thousand six hundred and twelve, one thousand six hundred and fourteen, one thousand six hundred and sixteen, one thousand six hundred and twenty, one thousand six hundred and twenty three, and Acts of Convention, one thousand six hundred twenty five, and one thousand six hundred twenty six years. And His Majesty, being resolved to prosecute what hath been formerly intended, and to give such new encouragements as is necessary for advancing of Manufacturies; Hath therefore thought fit, with advice and consent of His Estates of Parliament, hereby to grant to all such persons as have or shall undertake to set up any Manufacturies, the Privileges following, viz. If any Stranger shall come, or be brought into this Kingdom by Natives, to set up work, and teach his Art in making Cloth, Stuffs, Stockings, Soap, or any other kind of Manufacture, he shall enjoy the benefit of the Law, and all other Privileges that a Native doth enjoy; with power to erect Manufacturies either in Burgh or Landwart as they shall think fit, and there to dwell and exercise their Trade without any stop or trouble: And for their further encouragement, Declares, all Oil, Dying-stuffs, Foreign Wool, Pot-ashes or any other materials whatsoever useful for Manufacturies, that shall be imported, to be free of Custom, Excise and other public Deuce; and that all Cloth, Stuffs, Stockings or any other Commodity to be made and exported by them, be free of Custom and Excise, for nineteen years after January one thousand six hundred and sixty two years. And if any Stock shall be employed for erecting or entertaining of any Manufacturies of any kind, the same is to be free of all public and private Taxes whatsoever. Likeas all Customers, Collectors, Farmerers of Customs or Excise, and others, are hereby Discharged to demand any Custom, Excise, or any other Imposition whatsoever, for such Materials before mentioned and belonging to Manufacturies, as they will be answerable. And in regard of the great prejudice to the Kingdom, by Exportation of Wool, and Skins with Wool upon them, and of other Native Commodities and Materials fit for Manufacturies; Therefore His Majesty, with advice foresaid, Doth hereby Discharge all and every person whatsoever, Native or Stranger, to Export out of this Kingdom any Wool, or Skins with Wool upon them, or Skins of any kind, or any Materials useful for Manufacturies, until they be made in work, or put to the best avail for the good of the Kingdom; Certifying such as do in the contrair, they shall forfeit such Wool, Skins, and other Materials, or the just value thereof, the one half to His Majesty, and the other half to the Informer, who shall discover, apprehend, and prosecute the same before His Majesty's Exchequer; besides that the persons and estates of such Contraveeners, shall be liable to such punishment and fine for the same, as His Majesty's Exchequer shall appoint. And also His Majesty, with advice foresaid, Discharges all Regraters and Forestallers of Mercats of Wool, and that no Merchant nor person whatsoever, buy and keep up Wool to a dearth, but that they bring the same to be sold in open Mercats, under the pains contained in the Acts of Parliament made against Regraters and Forstallers. And in regard there is much deceit by wrapping up of Wool in the Fleece, by putting Stones, Sand, and other insufficient stuff in the same, It is hereby Declared, that all such Wool shall be confiscate, the one half to His Majesty's use, and the other half to the use of those who shall apprehend, discover, and pursue the same. Likeas His Majesty, for the further encouragement of the said's Manufacturies, Doth, with advice foresaid, Discharge all Quartering or Levying of Soldiers upon Manufacturies, or the Masters thereof; and that no person whatsoever entice, resset, or entertain any of the Servants or Apprentices of the Manufacturies, without consent of their Master, under the pains contained in the Acts of Parliament against Coal-hughers, Salters, and their Ressetters. And for the further improving of the said's Manufacturies, His Majesty, with consent foresaid, Doth hereby Empower the Masters, Erectors, or Entertainers of Manufacturies, to meet by themselves for making of Ordinances for the good and advancement of their Trade, for the right ordering of their Servants, and for the sufficiency of their Stuffs, Cloth and others; and choose one of the most expert of their number for visiting of their work, that a Mark or Seal may be put upon it, distinguishing what is sufficient and what not. And because many things may occur hereafter, which may be necessary for advancement of Manufacturies; Therefore His Majesty, with consent foresaid, Doth Empower the Lords of His Majesty's Privy Council or Exchequer, or such as shall be appointed by His Majesty, during this present Parliament, or thereafter, to consider such Overtures as shall be offered for the good of Manufacturies; and to make such Orders, and grant such further Liberties and Privileges to them, as they shall think just. It is always Declared, that it shall be free and Lawful to His Majesty's Treasurer and Commissioners of Exchequer, as they shall find cause, to grant licence for exporting of Wool and Skins, any thing in this Act to the contrary notwithstanding. XLI. Act for Planting and Enclosing of Ground. OUr Sovereign Lord, considering how many laudable Laws have been made, by His Majesty's Royal Progenitors, for Parking and Enclosing of Ground, and Planting of Wood, and for preserving of the same; and finding the great prejudice hath followed upon the not due observance of so notable and Laws. And how expedient, fit and it will be, for the good of this His Majesty's ancient Kingdom, especially for Shipping and Building, that Timber be Planted; and how advantageous it is for the increase of Corns and Cattles, and the sowing of Lint and Hemp for Manufacturies, that Parking and Inclosing be made. Doth therefore with consent and advice of His Estates of Parliament, Revive the ninth Act of the fourth Parliament of King James the first, of blessed memory, Entitled, An Act for Planting of Woods, Forests and Orchards, and all other Acts made for that effect, by His Majesty or any other His Royal Predecessors; and Ordains the same to be put to execution in time coming, conform to the Tenor thereof, in all points; with this addition. Likeas, His Majesty, with advice of His said's Estates of Parliament, Doth hereby Statute and Ordain, that every Heritor, Liferenter and Wodsetter (according to the qualifications under-written) within his said ancient Kingdom of Scotland, worth one thousand pounds of yearly valued Rent, shall enclose four Aikers of Land yearly at least, and Plant the same about with Trees of Oak, Elm, Ash, Plain, Sauch or other Timber, at three yard's distance. And that all other Heritors of greater or less Rend, nor the said sum of one thousand pounds money foresaid, do Plant, Inclose and Ditch yearly, moe or fewer Aikers, according to their respective Rents, for the space of ten years next ensuing; and that of such Lands as the Heritors shall think most fit for Planting and capable for Enclosing, to be also Planted, Ditched or Enclosed in manner foresaid; and that the said's Heritors begin to Plant, Ditch and Inclose, the said ground, at the feast of Michaelmesse next to come, and uphold the same in time coming. And for the further encouragement of the said's Heritors, Wodsetters and Liferenters, to go about the ready observance of the said Act, liberty and power is granted to them, at the sight of the Sheriffs, Stewarts, Lords of Regalities, Barons, and Justices of Peace, in their respective bounds, to cast about the High ways to their conveniency, providing they do not remove them above two hundred els upon their whole ground; Excepting always herefrom, Burrough and incorporate Aikers, which are no ways to be Parked or Enclosed, unless the Heritors thereof shall think it meet and expedient. And where there are Liferenters upon Lands, It is hereby Declared, that the same shall be done upon the equal charges and expenses of the Liferenter and Heritor. And in case of Proper Wodsets, It is also hereby specially Declared, that the same shall be done by the Wodsetter, and the charges thereof is and shall be added to the reversion, and no ways redeemable, while they make payment thereof, as well as of the sums for which the Lands are Wodset. And for the better encouragement of Heritors, and for preserving of the said Planting and Enclosures, It is Statute and Ordained, that whosoever shall cut or break any of the said's Trees, (not being the Heritors themselves) shall pay unto the Heritors or persons wronged, twenty pounds for every Tree; or if he be not able to pay the said twenty pounds, it shall be in the power of the party thereby wronged, to make him work six weeks, giving him meat and drink allanerly. And further it is Ordained, that whosoever shall break down the Hedges or Dikes of the said's Parks or Enclosures, or be found within the same, being a stranger, shall be holden and repute a breaker down thereof, and pay five pounds for every fault; or if he be not able to pay the said five pounds, to work ten days to the owner of the said's grounds, for meat and drink as said is. And for the greater encouragement of all persons, who shall be virtuously inclined, to Ditch, Inclose or Plant their ground, in manner foresaid, His Majesty, with consent above specified, hath Declared, and by their presents Declares, such parts and portions of their said ground, as shall be so Enclosed and Planted, to be free of all manner of Land-stents, Taxations or Impositions, of whatsoever nature, or Quartering of Horse in the saids Enclosures, for the space of nineteen years, next after the date hereof; and that at the proportioning of the said's burdens, the same Enclosures shall be exempted and made free thereof accordingly. And also for the better preserving of the said's Enclosures, and of the Trees and Planting to be set about the same, It is Statute and Ordained, that ilk Heritor, Tenant and Cottar, keep their Cattles and Goods, out of their neighbour's Enclosures at all times, that their Trees, Planting and Ditching, be no wise damnified or prejudged, under the penalty of five pounds for ilk contravention, toties quoties, to be paid to the Party damnified. And further Statutes and Ordains, That where Enclosures fall to be upon the border of any persons Inheritance, the next adjacent Heritor shall be at equal pains and charges in Building, Ditching and Planting that Dike which parteth their Inheritance. And Recommends to all Lords, Sheriffs, and Baylies of Regalities, Stewarts of Stewartries, and Justices of Peace, Baylies of Burroughs, and other Judges whatsoever, to see this Act put in execution, and to grant process at the instance of the Parties damnified and prejudged, and to see them repaired, after the form and tenor of this Act above-written, in all points. XLII. Act Establishing Companies, and Societies for making Linen-cloth, Stuffs, etc. OUr Sovereign Lord, considering that all the laudable Laws and Statutes, made by His Majesty's Ancestors, anent Manufacturies, for enriching of His Majesty's ancient Kingdom, putting of Poor children, Idle persons and Vagabonds to work, for the maintenance and relief of the Country of the burden of such unprofitable persons, have been hitherto rendered ineffectual; And that many good spirits, having aimed at the public good, have for want of sufficient stocks, counsel and assistance, been crushed by such undertake, Do conceive it , to Create and Erect Companies and Societies for Manufacturies, that what was above the capacity of single persons, may be carried on by the joint assistance, counsel and means of many. And therefore His Majesty, with advice and consent of His Estates of Parliament, Doth Establish particular Societies and Companies, in the persons of such as shall enter themselves in the saids Societies, within any Shire or Burgh, one or more of this Kingdom; and after their decease, in the persons of their Successors, (it being always Declared hereby, that not any of them shall be represented but by one person allanerly) or any other who shall list and enter themselves therein, betwixt and the _____ day of _____ as the first modern Societies and Companies for making of Linen-cloth, Worsted Stockings, Searges, Baises, Says, Cottons, Sempeternums, Castilians, Perpetuanaes', and all other Woollen Stuffs and Cloth; and for their encouragement, and the good of this His Highness' Kingdom; His Majesty, with advice and consent foresaid, Prohibits and Discharges any of His Majesty's Liege's, to carry and transport into Spain, Portugal, Biscay, Russia, France, or any place beyond Seas, any Linen-cloth, Bases, Says, Cottons, Sempiternums, Castilians, Perpetuanaes', or any other Woollen Stuffs or , except they be free, and of one of the Societies aforesaid. And it is hereby Declared, that all Materials imported for the use of the said's Manufacturies, and that all the said's Stuffs or , exported by the said Company, shall be free of all Customs, Excise, or any other Imposition whatsoever, for the space of nineteen years after the _____ day of _____ all other Merchants not free in one or other of the said's Companies, paying the usual Customs, Excise, or any other Impositions, for any of the said's Commodities Exported by them. As also His Majesty, with advice foresaid, for the good and encouragement of these who shall enter themselves in the saids Companies, Doth discharge the said's Companies respective, where ever the same shall be erected, to receive any within the same, except these who shall contribute and bring in to make up a Stock to the said's Manufacturies, the sum of five hundred marks Scots, and doth grant liberty to the said's Members of the said's Societies respective, to choose and elect a certain number of their own Incorporation and Society, to be a Council for making of Laws, for their better regulating and ordering of the said Company and Manufacture, and things belonging thereto; providing always, that no person elected have less of Stock, in the said Company or Society, nor one thousand marks Scots money. And that this Pious, Charitable and Profitable Design, may be no longer frustrate, nor poor Children, Vagabonds or Idle persons, continue to be burdensome to their Country; It is Statute and Ordained, that there be in each Paroch, one or more persons provided and appointed, upon the charges and expenses of the Heritors thereof, for instructing of the poor Children, Vagabonds and other Idlers, to fine and mix Wool, spin Worstead, and knit Stockings. And for the more speedy perfecting of the laudable Design and Policy, so much aimed at by His Majesty's Royal Predecessors, and now prosecute by His Majesty, in His prudence, and condescending care for the meanest of His Subjects, It is Statute and Ordained, that with _____ months after the dissolving of this present Parliament, the Commissioners of Shires do conveen the whole Heritors within their respective Shires, for electing of some of the Heritors within each Paroch, to see this present Act made effectual, and persons appointed for instructing of the Children and others foresaid, to fine and mix Wool, knit Stockings, and spin Worstead, and to see a maintenance settled in every Paroch upon the saids Instructers: And within the space of _____ next after the said first meeting, that they convocat the persons elected, within the several parochs of the respective Shires, to take an account of them and of their care and diligence in the matters aforesaid; and in case they shall be found to have failed, that the said's Commissioners now attending this present Parliament, do see this present Act put in execution after the time aforesaid, in all the said's parochs where the said's persons elected shall be found to have been deficient; and Ordains Magistrates of burgh's to be careful that the same be made effectual within their burgh's and Liberties. And in case all, or any of the said's Commissioners or Magistrates aforesaid, do fail herein after the foresaid time; His Majesty, with advice and consent of the Estates aforesaid, Doth commit the care hereof to the Lords of His Majesty's Secret Council, that the Laws may be no longer frustrate, nor the Kingdom burdened with Idle persons, Vagabonds, or poor Children. And that Manufacturies may be promoved, and for the incourageing of skilful Artisans to come from abroad, for training up the persons foresaids, and working for the use of the said's Companies, It is hereby Declared, that all such as shall be brought home and employed for the said's Companies, shall be free to set up and work in burgh's and Landwart where the Companies shall think fit, without paying any thing whatsoever to any person or persons, under whatsoever colour or pretext, for their Freedom; and shall be free of Taxes and public Burdens or Exactions during their life-time; notwithstanding of any Law, Statute, Privilege or Indulgence, made or granted in the contrair by His Majesty or any of His Predecessors, in favours of any Committee or Incorporation whatsoever, which are all hereby cass, Rescinded, and Declared void and null, in so far as they may be conceived to derogate from the Privileges and Immunities granted by this present Act, in favours of Tradesmen, Natives or Strangers, belonging to, or brought home by, the said's Companies, of working in the saids Manufacturies. And to the end that the foresaids Stuffs and may be more useful at home, and have the better vent abroad, His Majesty, with advice foresaid, doth Prohibit and Discharge any Weaver belonging to the said's Companies, or private Tradesman, to make any Searges, under the breadth of an ell and a nail; Perpetuanaes' and Sempiternums, under the breadth of three quarters and a half; nor no Woollen Cloth, under an ell and a half broad; under the pain of twenty pounds, to be paid by the Weaver thereof, and the said's Stuffs and to be confiscate, the one half to His Majesty's use, and the other half to the use of the discoverers thereof. Further, His Majesty, with advice foresaid, for encouragement of these who shall enter into the saids Companies or Manufacturies, Doth grant to ilk one of the said's Companies, all the Privileges and Immunities that are, or shall be hereafter by the King's Majesty indulged to the Companies or Societies of Fishers, as if the same were herein expressed. Whereanent, His Majesty, with consent foresaid, hath dispensed, and hereby dispenses for ever. XLIII. Act discharging the exportation of Linnen-yarn, and regulating the breadth of Linen-cloth, etc. OUr Sovereign Lord, conceiving it necessary for the good and well-being of His Majesty's Subjects, to project and endeavour the improvement of all the Native Commodities of this His Majesty's ancient Kingdom, and to make Laws and Ordinances, for eviting and preventing of all fraud and deceit used heretofore, in making Sale of the said's Commodities; And considering that it would tend more to the advantage of His Majesty's Subjects, and promoving of Manufacturies, to restrain the liberty that Merchants have taken to export Linnen-yarn, then suffer them to carry the same unto other places and Kingdoms. Therefore His Majesty, with advice and consent of His Estates of Parliament, Discharges any Merchant or others whatsoever, to transport out of this Kingdom any Linnen-yarn, under the pain of Confiscation of the same, the one half to His Majesty's use, and the other half to the use of the Attacher and Apprehender of the said Yarn; and Statutes and Ordains that all Yarn be sold by weight, and that no Reel be made use of within this Kingdom, under the measure and length of ten quarters, and that under pain of Confiscation of any Yarn brought to the Mercat of a shorter Reel, the one half to His Majesty's use, and the other half to the use of the Delaters and Apprehenders of the said Yarn. As also, His Majesty considering, that Linen-cloth is one of the most useful Commodities of the product of this Kingdom, whereby much money in ancient times was brought home; And that now, to the great prejudice of the said Commodity, the same is brought in contempt abroad, and become hardly vendible, through the deceitful Making, evil Bleetching, and unequal Breadth thereof: Therefore His Majesty, with advice and consent of the said's Estates, doth Discharge and Prohibit all Weavers to make any Linen-cloth, of the price of ten shillings Scots the ell, or above, under the Breadth of an ell and two inches, after the first day of November next to come, under the pain to be imprisoned, for the space of fourteen days, and of twenty pounds Scots to be paid for each fault, to Magistrates of burgh's, Sheriffs of Shires, Lords of Regalities, and Barons within their respective bounds, and of the Confiscation of the same, to the use of the Attachers and Discoverers thereof; and Statutes that all Linen-cloth be taken up by Selvage, and not by the Rigg, and so to be presented to the Mercat; and that all Linen-cloth be Bleetched without Lime, under the pain of twenty pounds for each fault, to be paid to the Magistrates foresaid, within their respective bounds. And lastly, It is hereby Declared, that all Flax and Linnen-yarn Imported, and all Linen-cloth Exported, by such as shall enter into the Companies and Manufacturies for making of Linen-cloth, shall be free of Custom, and all other Imposition, for the space of fifteen years after the saids Manufacturies shall be established in the persons of such as shall enter themselves in the said Companies, betwixt and the first day of January next, conform to another Ordinance of Parliament for estabilshing the said's Companies. XLIV. Act for encouraging of Shipping and Navigation. OUr Sovereign Lord, considering that the Wealth, Safety and Strength of this Kingdom, are very much concerned in the increase of Shipping, and encouragement of Trade and Navigation; both which are much decayed, if not wholly ruined, by the late unhappy Wars, and the sad effects that have followed thereupon. And perceiving the present low condition of Trade, and the small number of Ships and Seamen within this Kingdom, Hath thought expedient, out of His Princely zeal for the public good, with advice and consent of His Estates of Parliament now presently convened, to Statute and Ordain, and by these presents Statutes and Ordains, that from and after the _____ day of _____ and thence forward, no Goods nor Commodities whatsoever, that are of Foreign growth, Product or Manufacture, which are to be brought into Scotland, or any of the Isles thereto belonging, shall be shipped or brought from any other place or places, Country or Countries, but only from those places where the said's Commodities do grow, are produced or made, or from the Ports where the said's Goods and Commodities commonly are, or usually have been, first shipped for Transportation, and from no other place or Country; and in no other Ships or Vessels; but such as do truly and only belong to His said Kingdom; and whereof the Master, and three fourth parts of the Mariners, are Natives and Inhabitants within the same; or at least in such Ships and Vessels, as do truly and only belong unto, and are of the build of, these Kingdoms or Countries where the said's Commodities do grow, are made or produced; and whereof the Master, and three fourth parts of the Mariners, are Natives and Inhabitants within the same. All which is to be verified and attested, under the Seal of the City or place from whence they come, and Oath of the Parties to whom the said Ships or Vessels do belong, under the pain of Confiscation of all such Goods as shall be imported from any other place or Country, or in any other Ship or Vessel, contrair to the true intent and meaning of this Act; As also of the Ship in which they shall happen to be imported, with all her Guns, Furniture, Tackle, Ammunition and Apparelling, the one half to His Majesty, and the other half to the use of those who shall discover the Contraveeners of this present Act, and pursue for the same before the Lords of His Majesty's Exchequer. And further it is Statute and Ordained by His Majesty, with advice and consent foresaid, that all Goods or Commodities whatsoever, produced or shipped, as is above expressed, which from and after the said day, and thenceforward, shall be Imported into this Kingdom, or any Islands thereto belonging, in any Ships or Vessels, that shall not truly and only belong to the Natives and Inhabitants thereof (except in English or Irish Vessels, Providing always that Scots Vessels enjoy the like benefit of Trade within the Kingdoms and Dominions of England and Ireland, and no otherways) shall be liable to double Custom, and pay accordingly, whether the said's Goods pertain to Natives or Aliens. And further it is Statute and Ordained, that from and after the said day, and thence forward, all Goods and Commodities whatsoever, belonging to Aliens, Exported or Imported in whatsoever Ships or Vessels, whether Foreign or Scotish, shall be liable to double Custom, and pay accordingly. And it is further Statute and Ordained, that from and after the said day, and thence forward, all Goods or Commodities whatsoever, Exported in any other Ships or Vessels, than such as do truly and only belong to the Natives and Inhabitants of this Kingdom, shall be liable to double Custom, and pay accordingly, whether the said's Goods appertain to Natives or Aliens. And it is further Enacted and Ordained by His Majesty, with advice and consent foresaid, that at and after the said day, and thence forward, all Ships and Vessels belonging to this Kingdom, shall be Navigated only by Scots-men, dwelling in Scotland, at least the Master and three fourth parts of the same being such, under the pain of being esteemed Foreign Vessels, and paying double Custom, for all the Goods and Commodities, Imported or Exported within the same. And for preventing of all fraud, which may be used in the buying of Foreign Ships, It is Statute and Ordained by His Majesty, with consent foresaid, that from and after the said day no Ship whatsoever, shall be deemed or pass as a Ship belonging to Scotland, or enjoy the benefit of such a Ship or Vessel, until such time that he or thy claiming the same to be theirs, shall make appear to the chief Officer or Officers of the Customs at Lieth, he or they residing in any place betwixt Berwick and Stirling on the Southside of Forth, and to the chief Officer or Officers at Burntisland, he or they residing in any place betwixt Stirling and Fife-ness upon the North-side of Forth; and in case of their abode in more remote places, to the Officer or Officers, of the Port next to the place of his or their abode, that they or he are not Strangers, and shall have taken an Oath, before such Officer or Officers, who are hereby authorized to administer the same, that such Ship or Vessel was bona fide, and without fraud, bought by him or them, for a valuable consideration, expressing the Sum, Time, Place and Persons, from whom it was bought, and who are his Partners (if he any have) All which Partners shall be liable to take the said Oath, before the chief Officer or Officers, of the Customs rospective, as said is; and that no Foreigner, directly nor indirectly, hath any part, interest or share therein; and that upon such Oaths, he or they shall receive a Certificate under the Hand or Seal, of the said chief Officer or Officers, of the Port next the abode of the persons so making Oath, whereby such a Ship may for the future pass, and be deemed as a Ship belonging to the said Port, and enjoy the privilege of such a Ship or Vessel; and the said Officer or Officers, shall keep a Register of all such Certificats, as he or they shall so give, and return a Duplicat thereof, to the chief Officers of the Customs at Lieth, for such as shall be granted in all the other Ports of this Kingdom, together with the names of the person or persons, from whom such Ships were bought, and the sum of money which was paid for the same; as also the names of all such persons as are Partners, if any such be. And it is further Enacted by His Majesty, with consent foresaid, that if any Officer of the Customs, shall from and after the said day, allow to any Foreign Ship or Vessel, the privileges due to a Scots Ship, till such Certificate be by them produced, or such Proof and Oath taken before them, or such as they shall appoint to receive the same, and to examine whether the Master and three fourth parts of the Mariners at least, be Natives and Inhabitants within this Kingdom; that for the first offence, such Officer or Officers shall be put out of their Offices or Places. And it is further Statute and Ordained, that no Merchants belonging to this Kingdom, shall employ any Alien, or person not born within this Nation, or naturalised, or made a free Denizen thereof, from and after the said day, as Factor in any place beyond Seas, for the use and account of the Merchants of this Kingdom, under pain of a pecuniary Mulct, to be paid by him, or them that shall employ him: which sum shall be imposed at the discretion of the Council of Trade, the one half thereof, to His Majesty and Successors, and the other half, to him or them that shall inform and pursue for the same. It is always hereby provided, that this Act, nor any Clause therein contained, extend not to, or be meaned to restrain or prohibit, the Importation of any of the Commodities of Asia, Africa, or America; as also of the Commodities of Musco and Italy, from such Ports and Places, and in such Ships and Vessels, as may be gotten most conveniently, until such time as the Merchants of this Kingdom, have actual Trade to these respective places; and that the same be prohibited by Act of Parliament, Privy Council, or Council of Trade. It is hereby Declared, That it shall be lawful to import any sort of Corns, in time of dearth, from any place or places, in any Ship or Vessel whatsoever, without being liable to Confiscation, double Custom, or any other Penalty contained in this present Act; the dearth and necessity of Import being always cognosced and declared, by a public Act of the Privy Council, or Council of Trade. XLV. ACT discharing the Exportation of Skins, Hides, etc. THe King's Majesty, considering how it is, that all former Laws for improving of Native Commodities be Revived, and understanding that the Deacons and remanent Tradesmen of the Skinners, have upon their own charges, brought from Foreign places, Perfumers, Makers and Preparers of Leather, by whose pains and Art, the Kingdom may be furnished with Gloves at easier Rates, and be able to furnish other Nations abroad with Made-work; Doth therefore with advice and consent of the Estates of Parliament, Ratify and Approve the hundred seventy eight Act of the thirteenth Parliament of King James the sixth of blessed memory, discharging the Exportation of Skins and others therein contained; and Ordains the same to be put to execution, conform to the tenor thereof in all points. And also considering how useful Goatskins, Hart, Deer, and other wild Beasts Skins might be, if they wrere prepared and improven by Skinners within the Kingdom; His Majesty doth therefore with advice foresaid, Discharge all Merchants, Tradesmen and others, to Transport any Calf-skin, Kidskin, Hudderon, or Shorling-skins or any Goats-skins, Hart, Buck, Deer, or any other wild Beasts Skins forth of the Kingdom, under pain of Confiscation of the same. And for the further encouragement of the Skinner-trade and Manufacture, Licence is hereby given to Export Gloves made within the Kingdom, free of all Custom and Excise, for the space of nineteen years after the date hereof, reserving always to the Lord-Treasurer and Commissioners of Exchequer, to give Licences for Exporting of Skins, as they shall find cause, after one year from the date hereof. XLVI. Act discharging Exportation of Woollen-yarn, Worstead, broken Copper and Pewter, etc. THe King's Majesty, considering the great prejudice this Kingdom and Manufacturies do receive, by the Export of Worstead, Woollen-yarn, Raw and Unwaked-cloath and Stuffs; and the discouragement that Tradesmen and Artists have, by the Export of broken Copper, Brass and Pewter; Doth therefore, with advice and consent of His Estates of Parliament, Discharge all Merchants, Tradesmen, and others whatsoever, as well Strangers as Natives, upon any colour or pretext whatsoever, to Export forth of this Kingdom, any Worsted, Woollen-yarn, Raw or Unwaked-cloaths and Stuffs whatsoever, made within the same, (Plaiding excepted) or any broken Copper, Brass or Pewter, under the pain of Confiscation of what of any of the particulars above-written shall be apprehended in the Exporting; the one half to be applied for His Majesty's use, and the other half for the use of the apprehender and pursuer of the same. XLVII. Act discharging Tradesmen to Import Made-work. THe King's Majesty, considering the great discouragement given to Manufacturies and Trades, by Tradesmen's bringing home from Foreign places, such Commodities as may be made within the Kingdom, by these of the same Trade; Doth therefore, with advice and consent of the Estates of Parliament, Inhibit and Discharge all Tradesmen and Mechanics, to Import from foreign parts any Made-work belonging to that Trade or Calling whereof they are Freemen; or to vend the same, or any such Ware brought home by Merchants, in their Shops or otherways, under the pain of Confiscation, the one half to His Majesty's use, and the other to the apprehender or pursuer of the same. XLVIII. Act for encouraging of Soap-works. THe King's most Excellent Majesty, considering the great advantage this His ancient Kingdom hath had, and may have by erecting and keeping up of Soap-works, whereby the Eastern Trade and Green-land Fishing will be much helped, by Importing of Pot-ashes and other Materials; and money brought into the Kingdom, by the Exported Soap made within the same; And His Majesty being sensible of the prejudice this Kingdom hath suffered during these troubles, by the decay of these works, and being willing to give all due encouragements to the same for the future; Doth therefore, with advice and consent of the Estates of Parliament, Declare all Oil, Pot-ashes, and other Materials of any kind whatsoever, to be imported for the use of Soap-works or making of Soap, and all Soap made within the Country, to be free of all Custom and Excise, and all other public or private Deuce whatsoever; and also that all Soap, so made and Exported, shall be free for the space of nineteen years, after the setting up of these works, and after the date hereof, for such works as are already set up; and discharges all Customers, Collectors or Fermerers of Excise or Custom, and all others whatsoever, to demand Custom, Excise or other Duty, for any Oil, Pot-ashes, Tallow, or other Materials Imported for making of Soap, or use of Soap-works allanerly, or for Soap made within the Kingdom, and exported as said is. XLIX. Act Reducing the Annuals to Six for the Hundred. THe King's Majesty, with advice and consent of the Estates of Parliament, Hath thought fit, upon divers good considerations, to Reduce, Likeas hereby they do Reduce, the Annualrents of all money within this Kingdom, to Six for the Hundred yearly, in all time coming. And Declares the said Six for the Hundred to be free of all Retention, or other public Burdens whatsoever. L. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session. FOrasmuch as among the many and unparallelled blessings, wherewith it hath pleased the Almighty GOD to visit these Kingdoms, in the return of His Majesty to the exercise of His Royal Government, it is the great happiness of this Kingdom, that the ordinary Judicatories, the fountains and seats of Justice, are by His Majesty established, according to their ancient and well grounded Constitutions; And the Estates of Parliament considering, how much it doth import the advancement of His Majesty's service, the honour of the Kingdom, and the good of the Subjects, that the Senators of the College of Justice (who are the Supreme Judges under His Majesty, in all civil Causes) should be provided to a competent allowance, towards their charge and expenses, in their attendance on this their public Administration. And understanding, that by the calling down of the Annualrents from ten to six of the hundred, and by the disability of some Debtors, and by laying aside the twentieth penny of Sentence-silver, (which is conceived to be an unequal burden and grievance to such as must suit the benefit of the Law, and so are liable thereto, before they can have repetition of it, or recovery of their just Debts) the present yearly allowance to each of them, will not exceed one hundred pounds Sterling; which being so mean, and unsuitable to the honour and reputation of that employment, and to equity and justice, as to the persons called by His Majesty to serve therein; Therefore the Estates of Parliament have thought fit to grant, likeas they do hereby make a free Offer and Grant of a Taxation of Twelve thousand pounds Sterling, towards the making up of a Stock, whereof the Annualrent is to be employed for the use aforesaid, and to be paid by the Shires and burgh's of the Kingdom; the one half thereof in the month of November next to come, and the other half in the month of May thereafter, in the year one thousand six hundred and sixty two years, and to be raised in the same manner, the present or last Impositions are, and have been paid. And in order thereunto, The King's Majesty, with advice and consent of His Estates of Parliament, Doth hereby Statute and Ordain, the said sum of twelve Thousand pounds Sterling, to be paid by the Shires and burgh's of the Kingdom, in manner and for the use aforesaid, the one half thereof in the month of November, and the other half in the month of May next to come; and that the same be brought in and delivered to any, whom the Senators of the College of Justice shall appoint to receive the same; and whose discharge upon the receipt thereof, in whole or in part, shall accordingly be a sufficient exoneration to the Shires and burgh's, and all others whom it effeirs. And the said's months of November and May respective, being past, Ordains Letters of Horning and poinding, and all other Execution tobe directed at his or their instances, against the Shires or burgh's of the Kingdom and their Collectors: And twenty days being expired, after either of the said's months respective, Ordains Quartering to be upon deficient Shires and burgh's; and that all who command the Forces within the Kingdom, give orders, and be assisting hereunto accordingly. LI. Act concerning Arrestments. OUr Sovereign Lord, considering the great charges that Creditors are put to, by Comprising of Sums owing to their Debtors, by virtue of Heritable Bonds, Contracts and other Writs bearing payment of Annualrents: which in respect of the Obliegment for Annualrent, were not in former times Arrestable. Therefore the King's Majesty, with advice and consent of His Estates of Parliament, Finds and Declares, that all Sums of money which are addebted by Bonds, Contracts and other personal Obliegments, whereupon no Infeftments have followed, are, and shall be Arrestable at the instance of any Creditor; notwithstanding that the Bonds, Contracts and other Obliegements bear payment of Annualrents. And the King's Majesty, with advice and consent foresaid, Declares that this shall no ways change the nature of the said's Sums, nor prejudge the Heir nor any other person their rights to the same as being Heritable, which are hereby Declared to remain in their own nature unchanged by this Act, pro ut de jure, except that only the same are Arrestable. And it is hereby expressly provided, that all Arrestments and Executions thereof, since the twenty ninth day of July, one thousand six hundred an forty four years, used conform to the tenor of this Act, shall be as valid and sufficient, as if this present Act had been of the said date; But prejudice always to the Creditors to Comprise the said's Heritable Sums, if they shall choose rather to Comprise then to Arrest. LII. Act concerning the disposal of Vacant Stipends. FOrasmuch as by divers Acts, it is found that Stipends and Benefices of Vacant Kirks, or which thereafter should vaik by Decease, Deposition, Suspension, Transportation of Ministers, Dis-union of Kirks, or any other way, should, during the vacancy thereof, be employed on pious uses; and the King's Majesty considering, that during these troubles, many Learned and Religious persons in the Ministry and Universities, for their expressions of duty and loyalty to His Majesty, or not concurring in the confusions of the time, have been Deposed, or Suspended from their Charge and Ministry, and have been otherways put under great sufferings, and they and their Families redacted to extreme misery and want. And conceiving it to be an Act of great Piety and Justice, to have regard to the sufferings of those honest and faithful Ministers and others, and in some measure to provide for them, and repair their losses; Therefore His Majesty, with advice of His Estates of Parliament, Ordains all Stipends or Benefices of Kirks that are vacant, and not already disposed of, or which shall vaik by Decease, Deposition, Suspension, Transportation, or any otherways, to be employed for the supply and maintenance, and towards the reparation of the sufferings and losses of the persons aforesaids, and of the Wives and Bairnes of such of them as are dead; and that in such manner and ways, as after trial of their merits and sufferings, and the causes and grounds thereof, shall be thought fit by the Lords of His Majesty's Privy-Council, to whom His Majesty, with advice and consent foresaid, commits the care of this business; And doth hereby empower and require them to use all diligence, that the Favour and Justice hereby intended by His Majesty to these suffering Persons and their Families, may be made effectual; and that notwithstanding of any thing contained in any of the said's Acts to the contrair. It is always provided, that this Act is without prejudice of any Benefit, which by the Law and Custom of this Kingdom, falls to the Relict, Bairns or Executors of a Minister after his decease; and that this Act is to endure for the space of seven years, and longer as His Majesty shall think fit. LIII. Act ratifying the Act of Parliament 1633. anent the Annexation of His Majesty's Property, etc. OUr Sovereign Lord, with advice and consent of the Estates of this present Parliament, Ratifies and Approves, and for His Highness and His Successors, perpetually Confirms, the tenth Act of the first Parliament of His Majesty's Royal Father of blessed memory, King Charles the first, holden at Edinburgh, in Anno one thousand six hundred and thirty three, Entitled, An Act anent the Annexation of His Majesty's Property, in the whole Heads and Clauses thereof; especially that Clause of the same, whereby His Majesty and the Estates of Parliament then convened, did Declare the right and title of Superiority, of all and sundry Lands, Baronies, Milnes, Woods, Fishings, Towers, Fortalices, Mannor-places, and pertinents thereof, pertaining to whatsoever; Abbacies, Priories, Prioresses, Preceptories, and whatsoever other Benefices, of whatsoever Estate, Degree, Title, Name or Designation the same were of, Erected in temporal Lordships, Baronies or Live, before or after the general Act of Annexation of Kirk-lands made in the month of July one thousand five hundred eighty and seven, together with the whole Few-mails, Few-fermes and other Rents and Duties of the said's Superiorities to be annexed, and to remain with the Crown for ever, upon the reservation of the Lords and Titulars of Erection therein specified: Likeas thereby His Majesty and Estates foresaid, Found and Declared, that all Titulars of Erection without exception, should hold their property and proper Lands of the King's Majesty and His Successors in Few-ferm, for payment of the Few-ferm-duties, contained in the Infeftments, granted to them before the said Act of Annexation, and no otherways. And that all Rights and Deeds, made and granted to whatsoever person or persons, preceding the date of the foresaid Act, which might prejudge His Majesty and His Successors, in the peaceable enjoying of the said Superiorities and Few-ferm-duties, should be null and of no avail, by way of action, exception or reply. And further, His Majesty, with advice and consent foresaids, of new Declares, the foresaid Superiorities of all and whatsoever Kirk-lands, Milnes, Woods, Fishings and whole pertinents of the same, pertaining of before to whatsoever Chapters, Priors, Prioresses, Preceptors, and whatsoever other Benefices, of whatsoever other Estates, Degree, Title, or Designation they be of, whereof the Presentation belonged to His Majesty and His Highness' Predecessors, erected in temporal Lordships, Baronies and Live, to pertain to His Majesty and His Highness' Crown, therewith to remain in all time coming. And also Declares all and whatsoever Grants, Rights or Infeftments, of any of the said's Superiorities of the Lands and others pertaining to whatsoever Chapters, Priors, Prioresses, Preceptors, Abbacies, and whatsoever other Benefices of whatsoever Estate, Degree, Title, Name or Designation the same were of, with all Warrants, Tacks, Commissions, Baileries or Deputations for entering of the Vassals thereto, made and granted by His Majesty, or His said Umquhile dearest Father, in any time bygone, since the Surrender in Anno one thousand six hundred twenty seven, or to be made in time coming, with all other Gifts and Donanations of the said's Few-duties, formerly belonging to the said's Lords of Erection, and made by His Majesties said Umquhile dearest Father, after the Surrender, and before the Redemption thereof from the said's Lords, and all heritable and irredeemable Rights, granted by His Majesties said Umquhile dearest Father after the redemption, whereby the Profits, Casualties and Emoluments of the Superiority of the said Kirk-lands, may be conferred to any other person, except the proper Vassals thereof, directly or indirectly, of whatsoever Name, Title or Designation they be of, and of all gifts of new Regalities or Jurisdiction, to be null by way of exception or reply: Reserving always to these persons, who have right to the Few-duties, the Right and Title thereto. And reserving to John Earl of Lauderdail, His Majesty's Sole Secretary for the Kingdom of Scotland, a Signatur superscribed by His Majesty at His Court of Whitehal, the twenty fifth day of May last by past, and past in His Majesty's Exchequer, of all and whole the Lordship, Barronie and Regality of Musleburgh, containing a new gift of Union and Erection of the same, in a free Lordship, Barronie and Regality; and discharges the Treasurer Principal and Deput, Commissioners of the Treasurary, and remanent Lords of Exchequer, Writers to, and keepers of, the Seals, from all passing or expeding any such new Grants, Rights, Infeftments, Tacks, Warrants, Commissions, Baileries, or Deputations for entering of Vassals, except allanerly such Infeftments and Signaturs, as shall be granted to the Lords and others, who had formerly right to the said's Erections and Superiorities, whereby they might have right to claim the Few-ferms and Few-duties addebted by the Vassals and others subject in payment thereof, allanerly, ay and while they be satisfied therefore, in manner specified in the fourteenth Act of His Majesties said Umquhile dearest Father His first Parliament, and with the whole remanent exceptions and reservations, contained in the saids Acts, made in Anno one thousand six hundred and thirty three, which are holden as repeated and expressed herein. It is always Declared, that notwithstanding of this Act, any who have gotten or shall get any new Infeftment of Superiority of Kirk-lands, the same shall stand good, as to such Vassals who have given their consents to the said right of Superiority: In regard that such a consent, as to His Majesty, is of the nature of a Resignation of their property, in favours of the said's Superior, to be holden of the King. But prejudice nevertheless to His Majesty, of His Highness' right of reversion of the Few-ferm, Few-duties and Casualties, conform to the foresaid Act of Parliament, one thousand six hundred and thirty three. LIV. Act in favours of Laic Patrons, of Provestries, Prebendaries, Chaplanries and Alterages. OUr Sovereign Lord, with advice and consent of His Estates of Parliament, Ratifies and Approves the Act of Parliament, made by King James the sixth, His Majesty's Grandfather, of eternal memory, Parliament first, Chap. twelfth, Anent Provestries, Prebendaries, Alterages, Chaplanries, and Collegiate Kirks, pertaining to laic Patrons, together with the Act of Parliament twelfth, Chap. one hundred and fifty eight, Ratifying the same; and Ordains the saids Acts to have full force and effect in all time coming; with this Declaration always; That in respect the Vassals which held Lands of the said's Provests, Prebendars, and others foresaids, are put to a great uncertainty of their Superiors, it not being known to them who are provided to the said's Provestries, Prebendaries, Chaplanries, Alterages, and others foresaids, by reason there is no public Register, to the which they may have recourse for knowledge and notice thereof; and that the most that they can know by any Register, is the Infeftments and Seizing, made to these who are laic Patrons holding of His Majesty. Therefore, for securing of the Vassals, who hold Lands, Milnes, Fishings, Tenements, Annualrents or others whatsoever, of the said's Provestries, Prebendaries, Collegiate Kirks, or of Chaplanries', Alterages, and others of that nature, at any time of before; It is Statute and Ordained, that the entry of the said's Vassals by Retour, Precept of Clare constat, Resignation, Comprising or otherways whatsoever, shall pertain to the laic Patrons and their Successors, who stand infeft in the said laic Patronages, holding immediately of His Majesty; and that the entry of the Vassals by them, shall be as valid and sufficient to the said's Vassals, receivers thereof, as if they were entered by the Titulars of the said's Provestries, Prebendaries, Alterages, Chaplanries, and others foresaids. And that the said laic Patrons, shall be in all time coming in their place, as Superior to the said Vassals, and to have the same power to give Infeftments to His Majesty's Subjects, upon Retour or by precept of Clare constat, or by Resignation, Comprising, or any manner of way, with Gifts De novo damus; and that without consent of persons provided, or to be provided, to the said's Provestries and Prebendaries of Collegiate Kirks, Alterages, Chaplanries, or other Titulars of Collegiat Kirks; and also without consent of the Chapter or Convent of the said's Prebendaries thereof, or most part of the same, which of before was in use and custom. Whereanent, and anent all Acts in the contrair, His Majesty, with consent foresaid, dispenses for ever, Reserving always to the Titulars of the said's Provestries, Prebendaries, Alterages, Chaplanries, and others foresaids, the Fruits, Rents and Emoluments of the said's Provestries, Prebendaries, and others foresaids, which are no ways prejudged by this present Act. It is hereby further Statute and Ordained, with advice and consent foresaid, where there are any Prebendaries, Chaplanries, Alterages, or other foundations of that nature , founded and situated within any Burgh Royal of this Kingdom, that the Provest, Baylies and Council of that Burgh, where the same are founded, are and shall be in all time coming, only undoubted Superiors, by whom, and by no others, the Vassals and Tenants shall enter in manner above-specified; the said's Provest, Baylies and Council having been formerly Patrons of these Chaplanries. LV. Act anent Cocquets and Entries of Ships. OUr Sovereign Lord, understanding there are divers abuses committed by the Customers and receivers of Entries of Ships, and by the keepers of the Cocquet, in sometime exacting from Masters of Ships, greater sums of money than is due to them, and sometimes absenting themselves, to the great prejudice of the Merchant's estate, and to the hazard of the loss of their voyage. Therefore our Sovereign Lord, with advice and consent of the Estates of Parliament, Ordains that there be no greater price exacted, for entering their Ships and Goods, than the sum of twenty three shillings four pennies; and for the said Cocquet, than the sum of forty shillings; and that the keepers of the said Cocquet, attend by themselves or their servants, diligently and readily to answer and give out Cocquets to all Merchants and Masters of Ships, under pain of losing their place, whensoever they shall be found, either to exact more than the said sum above written, or shall occasion to the said's Merchants and Masters more delay nor is needful for writing of the same. LVI. Act anent Coal-hewers. OUr Sovereign Lord, with advice and consent of His Estates of Parliament, Ratifies the eleventh Act of the eighteenth Parliament of King James the sixth, of worthy memory, made anent Coal-hewers and Salters, with this addition, That because Watermens who laves and draws Water in the Coal-heugh-head, and Gates-men, who work the ways and passages in the said Heughs, are as to the owners and Masters of the said Coal-heughs, as the Coal-hewers and bearers. It is therefore Statute and Ordained by Our Sovereign Lord, with advice and consent foresaid, That no person shall hire nor seduce any Watermens, Winds-men and Gates-men, without a Testimonial of the Master whom they serve, under the pains contained in the former Acts in all points. And because it is found by experience, that the giving of great Fees, hath been a mean and way to seduce and bring Coal-hewers from their Masters, It is therefore also Statute and Ordained, That it shall not be lawful for any Coal-masters in this Kingdom, to give any greater Fee than the sum of twenty marks in Fee or Bounteth, under any colour or pretext: and because the said's Coal-hewers and Salters, and other Workmen in Coal-heughs within this Kingdom, do lie from their work at Pasch, Zule, Whitesunday, and certain other times in the year; which times they employ in Drinking and Debauchry, to the great offence of GOD, and prejudice of their Master; It is therefore Statute and Ordained, That the said's Coal-hewers and Salters, and other Workmen in Coal-heughs of this Kingdom, work all the six days of the Week, except the time of Christmas, under the pain of twenty shillings Scots, to be paid to their Master, for ilk days failyie (by and attour the prejudice sustained by their said's Masters) and other punishment of their bodies. LVII. ACT discharging the Custom of two and a half of the Hundred, and the Impost of four pounds on the Tun. OUr Sovereign Lord, considering that the prices of all Merchandise do daily rise to exceeding great dearth, which is alleged to be occasioned through extraordinary Customs and Impositions. For remedy whereof, His Majesty, with advice and consent of His Estates of Parliament, Doth discharge all and sundry whatsoever Customs and Impositions exacted by the Customers, which are not allowed by the Acts of Parliament, and especially the late Custom of two and an half per cent. and the late new Imposition of four pounds upon the Tun of Wine, and all raising of His Majesty's Customs, directly or indirectly, without consent of Parliament. And because that the too much troubling of Merchants, and drawing of Masters and Mariners from their ordinary charges, doth much impede the Trade; Therefore His Majesty, with advice and consent foresaid, discharges the taking of Merchants, Masters and Mariners Oaths in the matter of Customs. And to the end, that the Subject of Trade may not be restrained with unnecessary Customs, His Majesty, with advice and consent foresaid, Declares, that all Goods and Merchandise, imported from Foreign places to this Kingdom, and out of the same, paying Inward-custom, shall be free of all Outward-custom, according as is used in England and Ireland. Likeas His Majesty Declares, that He consented to the Act above-written, upon this condition, that Commission and Warrant be granted to the Exchequer, to establish the Book of Rates, according as the prices of Merchandise now rules; and His Majesty permitted the option to the Burroughs, whereupon, the Burroughs having advised, they made choice to be ruled by the the Book of Rates anent the Customs; and consented, that Commission should be granted to the Exchequer to establish the Book of Rates, according as the prices of Merchandise now rules. In respect whereof, Our Sovereign Lord Ordains a Commission to be drawn up to the Exchequer to the effect foresaid, and extracted thereupon, for establishing the Book of Rates according as the prices of Merchandise now rules: And therefore Our Sovereign Lord, with advice and consent foresaid, Ordains the Act to stand as a Law, in manner and to the effect above-rehearsed. LVIII. Act in Favours of these who get their Ward-holding changed by the King's Majesty. THe Estates of Parliament having taken to consideration, that some difficulty hath occurred in the prosecution of His Majesty's Royal Father's intention of changing of Ward-holdings in Few, for the well of His Subjects, conform to the two Commissions, granted by His said Majesty thereanent, under the Great Seal of this Kingdom; And that the said difficulty hath risen upon this ground, that divers of His Majesty's Subjects, holding Lands of His Majesty or of the Prince, Ward, or Few cum maritagio, holds also other Lands, of other Superiors, Ward; who whilst their Vassals held Lands Ward, or Few cum maritagio, of His Majesty or of the Prince, could pretend no right to the Marriage of the Vassals Heir; when the same shall be changed in Few, and Composition and a yearly Few-duty being granted to His Majesty or the Prince for the said Ward and Marriage, the other Superiors of the said Vassals, of whom he holds Ward, may contend for the benefit of the casuality of the Marriage of His Vassals Heir, when the same falls out, he being the Vassals eldest Superior of whom he holds Ward; which was grievous to the Vassals, who by this new course of changing of his holding, hath componed both for Ward and Marriage. Therefore it is Statute and Ordained, by the King's Majesty, with advice and consent of His Estates of Parliament, That all Vassals, holding Ward of His Majesty or the Prince, or holding Few cum maritagio, who shall hereafter compone and agree with the Commissioners to be appointed by His Majesty, for changing of their Holding, from Ward to Few, or for renunciation of the Marriage, contained in their Few-infeftments, their Heirs and Successors in the saids Lands, shall be free of the Marriage that can be acclaimed by their Superiors of the Lands holden by them of their said's other Superiors, Ward; and that the said's other Superiors, shall have no right to the Marriage of their Heirs, when the same falls out, no more than they would have had, if the Lands holden Ward of His Majesty or the Prince, had continued still Ward: but that the said's Vassals, whose holding shall be changed, or who shall compone for their Marriage, as said is, their Heirs and Successors, shall enjoy their Lands in all time thereafter, free of any such burden of Marriage: Providing always, Likeas it is hereby Provided and Declared, that if the foresaids Vassals whose holding shall be changed as said is, and who shall compone for the renunciation of the Marriage contained in their Few-infeftments, or their Heirs or Successors in the saids Lands which once held Ward, or Few cum maritagio, shall alienate and dispone the said's Lands to any other persons; then and in that case, the Aliener, or His Heirs, shall no longer have the benefit of this present Act; but that notwithstanding of this present Act, if they hold Lands Ward of any other Superior, that their Superior shall enjoy all the benefit of his Superiority, as if this present Act had never been made. And suchlike, for the greater furtherance of His Majesty's Liege's, in the way of the changing of the tenours of the said Ward-holdings, or renuncing of the Marriage contained in their said's Few-infeftments, Our Sovereign Lord, with advice and consent foresaid, Ordains Signaturs to be passed to the Liege's by the Exchequer, on the recommendation of the said's Commissioners of the Ward-lands in their favours, upon the Liege's their Resignation for new Infeftments to be granted to them; bearing the new manner of Few-holding, or bearing the renunciation of the said Marriage contained in their old Few-infeftments, as shall be Ordained by the saids Commissioners of the Ward-lands. LIX. Act anent the Exchequer. THe King's Majesty, considering that some doubts and debates may arise, concerning the meaning of the eighteenth Act of the Parliament, holden by His Majesty's Royal Father of blessed memory, in the year one thousand six hundred and thirty three, Anent the deciding and judging in Causes concerning His Majesty's Property; Doth for explanation thereof, with advice and consent of His Estates of Parliament, Find, Declare, Statute and Ordain, that the validity and invalidity of Infeftments of His Majesty's Property, or of any other Infeftments, may not be discussed nor decided in Exchequer, neither by way of Exception, Action nor Reply; but that the discussing and decision thereof, is only proper to the Lords of Session; Reserving always to the Exchequer to judge in all other businesses concerning His Majesty's Rents and Casualties, as they might have done before the year one thousand six hundred and thirty three. LX. Act concerning Docqueting of Signaturs. THe King's Majesty, with advice and consent of His Estates of Parliament, Doth Ratify and Renew the twentieth Act of the tenth Parliament of King James the sixth, of blessed memory, and accordingly Statutes and Ordains, That no Signaturs, Writs, Letters or Warrants shall be presented to be signed by His Majesty, but by His ordinary Officers, to whose charge the same properly belongs. And that His Majesty may the better know what passeth under His Hand, and upon what grounds he signs the same, It is appointed, That any of His Majesty's Officers, who shall present any Signature, Writ, Letter or Warrant to be signed by His Majesty, shall cause Registrate the Docquet of the same in a Register, and then send the just double thereof under their hands to His Majesty's Secretary, who is to give His Majesty timous notice of any prior Deed, differing or contrary to the same, that His Majesty may give His further Orders concerning the same. LXI. Commission for Plantation of Kirks, and Valuation of Teinds. OUr Sovereign Lord, considering the great care His Royal Father and Grandfather, of ever blessed memory, had, at all times, of the Reformed Religion within this Kingdom, and of the Maintenance and Provision of the Ministry and Churches thereof; Concerning which, and for the public good of the Nation, His Majesty's Royal Father did emit a Declaration, immediately after His succession to the Crown, and concerning divers other particulars relating to Teinds and Superiorities of Kirk-lands: in order whereunto, divers Acts and Ordinances of Parliament and of Commissions, were from time to time made, during the Reign of His ever Glorious Father; And yet, by the unhappy Troubles of the time, His Royal purpose hath not got a final accomplishment, so that divers Churches are as yet unprovided with sufficient Maintenance, many Teinds unvalued, and divers other particulars are as yet unperfected; And His Majesty being desirous to prosecute this good Work, for the universal good of the People, and namely for the encouragement of the Ministers of the Gospel, His Majesty, with advice and consent of the Estates of Parliament, Doth Ratify and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royal Father, in Anno one thousand six hundred and thirty three, Entitled, Commission for Valuation of Teinds, etc. in the whole Heads, Clauses and Contents thereof, except in so far as there hath been any derogation made thereto, by Acts and Commissions made and granted by His Majesty, since the date of the said Act, or granted by pretended Parliaments since, and which are Ratified or Salved, or to be Reserved by this present Parliament. And His Majesty, with advice and consent foresaid, Doth give full Power and Commission to the Persons aftermentioned, viz. John Earl of Middletoun His Majesty's Commissioner, William Earl of Glencairn Lord High Chancellor, John Earl of Craufurd and Lindsay Lord Thesaurer, John Earl of Rothes Precedent of His Majesty's Privy Council, William Duke of Hammiltoun, James Marquis of Montrose, John Earl of Lauderdail His Majesty's Secretary, William Earl of Marishall, John Earl of Athol, George Earl of Linlithgow, James Earl of Home, James Earl of Tullibardin, William Earl of Roxburgh, John Earl of Haddingtoun, James Earl of Annandale, William Earl of Dumfries, John Earl of Tweddal, James Earl of Calendar, John Earl of Dundee, David Viscount of Stormount, John Lord Sinclair, David Lord Cardros, John Lord Belhaven, _____ Lord Halkertoun, William Lord Cochran, William Lord Bellenden, Sir John Gilmor of Craigmiller Precedent of the Session, Sir Archibald Primrose of Chester Knight and Baronet, Clerk of His Majesty's Council, Registers and Rolls, Sir John Fletcher His Majesty's Advocate, Sir Robert Murray Justice Clerk; Sir James Lockhart of Lee, Sir George Mackenzie of Tarbet, Sir James fool of Colingtoun, Sir Archibald Stirline of Carden, Sir James Dalrymple of Stair, Sir John Scougal of Whitekirk, Senators of the College of Justice; Alexander Bruce of Kincairn, Sir John Urquhart of Cromartie, Sir Robert Fletcher of Salton, Sir Alexander Gibson of Durie, Sir Robert Inns of that Ilk, James Crighton of St. leonard's, Sir George Kinnaird of Rossie, Sir Gilbert Ramsay of Balmayn, John Murray of Polmais, William Scot of Ardrose, Sir James Dundas of Arnestoun, Sir John fool of Ravilstoun, Richard Murray of Broughton, Sir Robert Hepburn of Keith, Mr. Robert Preston of that ilk, Sir Andrew Ramsay, Sir Robert Murray, Sir Archibald Sydserf, Sir William Thomson and John Miln Burgesses of Edinburgh, Sir Alexander Wedderburn and Alexander Wedderburn of Dundee, Mr. John Paterson of Perth, John Bell of Glasgow, William Cuningham of Air, Andrew Glen of Linlithgow, Duncan Nairn of Stirline, Alexander Bruce of Culross, Andrew carstair's of St. Andrews, and William Seaton of Haddingtoun, Burgesses: Or any thirteen of them, there being always present three Noblemen, three Gentlemen, and three Burgesses, with His Majesty's Commissioner, the Lord Chancellor, Lord Thesaurer, Lord Precedent of the Council, Lord Privy Seal, the Lord Secretary, _____ or any one of them, with power to them, or Quorum foresaid, to meet and conveen at Edinburgh, or such other place or places, at such times and diets as they shall appoint, to value and cause value whatsoever Teinds, great or small, Personage or Vicarage, of whatsoever Lands and others within this Kingdom liable to the payment of Teinds of whatsoever nature or quality the same be of which are yet unvalued. Providing the Ministers serving the Cure, who do lead Teinds, be secured of good and thankful payment of so much victual or money answerable to the worth of the said's Teinds, as the Teinds shall be valued to. And also with power to them to receive reports from Sub-commissioners, and to appoint Sub-commissioners conform to the former Acts and Commissions, to appoint constant and local Stipends, and grant Augmentations, to disjoin too large and spacious Kirks, build and erect new Kirks, dis-member, annex and unite Kirks, and to take order that every Heritor and Life-renter shall have the leading and buying of their own Teinds, if they be willing, according to the Rates prescribed by former Commissions, namely by the foresaid Commission granted by His Majesty, with consent of the Estates of Parliament, in Anno one thousand six hundred thirty and three. And with power to the said's Commissioners or Quorum foresaid, to give recompense to Parties for the augmentation of Stipends to be imposed by this Commission, in the same way as was done by former Commissions, namely by the Commission in Anno one thousand six hundred and seventeen. With power to them to determine all Questions concerning the Prices of Teinds betwixt Titulars and others having right to the Teinds, and the Heritors: And to appoint such securities in favours of the Titulars and others having right, by the Heritors payers of the valued Duties or buyers of the said's Teinds, and in favours of the Ministers as to their maintenance, as the said's Commissioners shall think fitting, according to the Rules set down in the said's former Acts, namely in the said Act, in Anno one thousand six hundred thirty and three. And suchlike, with power to them to appoint and provide for such other pious uses in each Paroch as the estate thereof may bear. Declaring, that where the Vicarage of any Paroch is a several Benefice and Title from the Personage, the same shall be severally valued, to the effect the Titulars or Ministers serving the Cure, having right to the said Vicarage, be not frustrate of the true worth thereof. It is always Declared, That Ministers serving the Cure, who now lead their Teinds, And that Colleges, Schools and Hospitals be not constrained to sell, set nor dispon their Teinds in prejudice of their Successors, notwithstanding of the valuation thereof; And that Titulars and others having right to Teinds, shall not be forced to dispon any Teinds valued or to be valued, which they shall be content and willing to assign and dispon to the Ministers serving the Cure of the Paroch, as a part of his Provision. And His Majesty, with consent foresaid, Declares, That where Valuations are lawfully led against all parties having interest, and allowed by former Commissions, according to the order observed by them, that the same shall not be drawn in question, nor rectified upon the 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 Titulars and Heritor, or betwixt the Procutor-fiscall and Heritors and Titular; which collusion is Declared to be where the Valuations are led with the diminution of a third of the just Rent, and which diminution shall be proved by the Parties Oaths. And albeit that all the Acts of the pretended Parliaments, in the years one thousand six hundred and forty, and one thousand six hundred forty and one, and since; are Declared by an Act of this present Parliament, null and of none avail in all time coming; Yet it is hereby Declared, That all and whatsoever Valuations, Acts, Sentences and Decreets, done, concluded and discerned by virtue of any Commissions granted by the said's pretended Parliaments, with all execution used or to be used thereupon, are and shall stand valid in all time coming, notwithstanding of the foresaid Act Rescissory; And this for the good and ease of the People, and for encouragement of the Ministers of the Gospel, whereunto His Majesty hath always a tender respect. And although by a special Act of this present Parliament, the pretended Parliament holden in Anno one thousand six hundred and forty nine, and in the beginning of the year one thousand six hundred and fifty, is from the beginning Declared void and null, and all that hath followed thereon; Yet nevertheless His Majesty Doth, with advice foresaid, Authorise all Valuations, Acts, Decreets and Sentences led, deduced and pronounced by the Commissions one or moe appointed by the said pretended Parliament, for Plantation of Kirks and Valuation of Teinds, and all execution competent thereupon; Excepting such Decreets and Sentences given in favours of Ministers for their Stipends, or for dividing, uniting, annexing or building of Kirks, which shall be found to have been unjustly or exorbitantly discerned: The Determination whereof is hereby referred by His Majesty, with consent foresaid, to the said's Commissioners, that they after hearing of parties, and consideration of particulars, may take such course for altering, annulling or allowing of the said's Acts, Decreets and Sentences, as they shall think fitting, conform to the Laws, Practic and Custom observed preceding the year one thousand six hundred and forty nine: and Ordains Process upon Supplications to be summarily granted, parties always being cited, and that without any reduction. And it shall be lawful to the said's Commissioners or Quorum foresaid, to proceed in all Summons and Actions to be intended for that effect, within the space of two years after the first down-siting of the Commission. As also, with Power to the said's Commissioners, upon the dependence of the said's Complaints and Processes to discharge execution upon the foresaids' Decreets, in whole or in part, as they shall find just, ay and while the matter be determined by them. As also in respect that by divers Decreets pronounced by the saids Commissioners appointed by the said Commission, in Anno one thousand six hundred and forty nine, the burden of an Augmentation was put upon divers Tacks-men of Teinds, and yet no recompense was made to them by prorogating of the said's Tacks; In regard also that divers Registers of Commissions, preceding the Year one thousand six hundred and forty nine, are lost, whereby Prorogations were granted in favours of Tacks-men, and the Extracts also perished the time of the Troubles: Therefore His Majesty, with consent foresaid, Gives power to the said's Commissioners, or Quorum foresaid, appointed by this Commission, to grant recompense and prorogation to the said's Tacks-men, in the same manner as was prescribed by the former Commissions, namely by the Commission in Anno one thousand six hundred and seventeen, the Titulars always being cited thereto. And whereas it may fall out, that some of the said's Commissioners now appointed, may be unable to attend the service, through death, sickness, or some other notour and known impediment. Therefore His Majesty Declareth, that He shall be careful to fill their places with other persons qualified, whose Oaths for faithful discharge of the same, shall be taken by the Lord Chancellor, or in his absence, by the Precedent of the said Commission for the time: And Ordains this present Commission to endure ay and while the same be discharged by His Majesty; and Ordains the Acts, Decreets and Ordinances thereof, to have the force, strength and effect of a Decreet, Sentence and Act of Parliament; and the Lords of the Session to grant and direct Letters of Horning, Poinding and others requisite, in manner contained in the foresaids former Commissions. And considering that it was the will and pleasure of His Majesty's Royal Father, that all Heritors who should be willing to buy, should have their own Teinds at reasonable Rates; Therefore His Majesty, with advice foresaid, Statutes and Ordains, that all Heritors whose Teinds are not valued, shall have liberty to value and buy the same at such Rates as are contained in the Act of Parliament one thousand six hundred and thirty three years. With power to augment the said's Rates according to the burden of Augmentations and others sustained by the Titulars, since the said Act of Parliament one thousand six hundred and thirty three years; and the said's Heritors to have the liberty of buying, as said is, within the space of three years after the valuation. With power to the said's Commissioners to determine therein according to Justice; with this Declaration always, That in case the impediment during the space foresaid, flow from the Titular, by reason of his minority or other inability, in that case, the Heritor who offered 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 space above-exprest. And it is Declared, that if the Heritor be Minor, and his Tutors neglect the buying of his Teinds within the foresaid space, the Minor shall have Action for two years after his minority, to compel the Titular for selling of the said's Teinds. LXII. ACT for ordering the payment of Debts, betwixt Creditor and Debtor. OUr Sovereign Lord, considering how necessary and essential it is to the very being and flourishing of Kingdoms and Nations, that there should be a National confidence among the people themselves, and with these of other Nations with whom they have correspondence and traffic abroad; and that the most effectual and proper way to beget, cement, and maintain the same, is, that Promises, Pactions, Obliegements and Debts be faithfully performed and satisfied, without which there can be no trust, and consequently no society, intercourse and commerce at home, and all Trade and Traffic with other Nations will certainly decay and cease, to the irreparable loss, ruin and discredit of the Nation: Yet, the troubles and difficulties of the time being so great, that it is fit some breathing time and encouragement should be given to the Debtors, for the better enabling them to keep their credit, and to take some effectual course for payment of their Debts. Therefore His Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, That for all Sums and Debts contracted before the term of Whitsunday, one thousand six hundred and fifty eight years, and exceeding one thousand pounds Scots of principal, personal execution shall be forborn by the space of six years, to begin at Whitsunday last bypast, in this instant year, one thousand six hundred and sixty one; Providing that the Debtors make payment of one years Annualrent at Candlemesse next, in the year one thousand six hundred and sixty two, and that the residue of the bygone Annualrents of the said Sums, resting unpaid at Whitsunday next, shall become and be made a principal Sum, and the Debtor shall give security for the same to these who have right to the bygone Annualrents, when they take the benefit of the foresaid forbearance, in manner ; or at any other time that the same shall be demanded: Which Security to be granted for the said bygone Annualrents, made up in a principal Sum, shall bear obligement to pay Annualrent for the same, in manner and from the terms after-specified, viz. For a third part thereof, from Whitsunday next, one thousand six hundred and sixty two years; and for an other third part, from Martimesse thereafter, in the said year; and for the last third part, from Whitsunday, in the year one thousand six hundred and sixty three, during the not payment of the said principal Sum so made up, for which, personal execution is to be forborn, as for the other principal Sums, by the space aforesaid of six years after Whitsunday last. And without prejudice of the Security to be granted in manner foresaid, It is also Declared and Ordained, that the said bygone Annualrents, are made up, and shall be holden and esteemed principal Sums; And that Annualrents shall be due and payable for the same from the terms and in manner foresaid, and that execution shall follow at the instance of those who have right to the same, upon and by virtue of their Bonds, Contracts and Rights, and of this present Act and Ordinance, in the same manner as if a new Security were already granted in manner and of the tenor abovewritten. And notwithstanding of the Premises, It is hereby Declared, that the Lords of Session shall have power to grant and pass Suspensions for Sums not exceeding one thousand pounds, upon such reasons as they shall think just. And where those who have right to bygone Annualrents are only Liferenters, and have no right to the stock and principal Sum, It is Ordained, that it shall be lawful to them to use execution for the whole bygone Annualrents due to them, as they might have done before the making of these Presents; and that the said's Lords of Session shall have power to grant and pass Suspensions against the saids Liferenters, in case they shall find just grounds and cause for granting of the same. It is likeways Provided, that the benefit of the said forbearance, shall only be granted and competent to such Debtors, as shall pay the said years Annualrent, within the time foresaid, and shall betwixt and the first day of November, compear before any of the Lords of Session, with the Clerk, and declare before them upon Oath, that their Debts exceeds the value of four years Rend of their Estate, pertaining to, and possessed by, them: which Declaration, extracted under the hand of the Clerk of Register, or his Deputies, shall be a sufficient Security against Personal execution: And for which Extract, the Clerk Register and his Deputies shall have for their Fees the sum of thirty three shillings four pennies Scots, and no more; And it is Declared, that all persons, who shall not by themselves, or their Tutors or Curators, appear and declare within the time, and in manner foresaid, shall be excluded from the benefit of the foresaid forbearance, and shall never be reponed or admitted thereafter, upon any pretext whatsoever. And the benefit of the foresaid forbearance being granted to the Debtors, or any of their Cautioners, upon the compearance and declaration foresaid, shall only be personal for them and their Heirs and others representing them, and shall not be extended to those who are bound with them, and liable to the said's Debts, unless they also compear and declare, that their own proper Debts and Cautionry for persons who have taken the benefit of this Act, exceeds the value of four years Rend of their Estate, and that within the time and in manner foresaid. And for the more ease of the Debtors, It is Ordained, that in case within the time of the forbearance foresaid, the Debtor shall offer to the Creditor a part of his Debt, not being beneath or within the third part of the whole Sums due by him to the Creditor for the time, the Creditor in that case, shall be holden to accept of the said partial payment: and in case of his refusal, offer being made of a part of the said Sums, not within the proportion foresaid, in presence of a Notar and Witnesses, the Debtor, upon consignation of the same in the hands of the Clerk of the Bills, shall be free of the Annualrent of that part of the said Sum that shall be consigned, in all time coming after the consignation foresaid. And whereas the legal reversion of Comprisings was formerly limited to seven years, His Majesty, for the reasons and with consent foresaid, is graciously pleased to extend the same to ten years in all time coming; and Statutes and Ordains, that all Comprisings already deduced, and whereof the legal reversion is not yet expired, or which shall be deduced any time hereafter, shall be redeemable within the space of ten years after the date of the same; and all Comprisings deduced since January, one thousand six hundred and fifty two years, and whereof the legalls are expired, and all Comprisings deduced before the said month of January, one thousand six hundred and fifty two years, and which were not expired before the said month of January, one thousand six hundred and fifty two years, shall be redeemable within the space of three years, after Whitsunday now last bypast, notwithstanding the legal reversions of the same be now expired. And in case the Lands and others comprised, exceed in yearly Rent and value, the Annualrent of the Sums contained in the saids Comprisings, and of the expense disbursed in obtaining Infestments thereupon, and the Debtor shall desire the Creditor to possess the Lands and others comprised, it shall be lawful to the Lords of Session, likeas the saids Lords are hereby impowered and authorized, upon a Supplication to be made to them by the Debtor, and Citation of the Comprisers, to appoint the Apprisers to possess such of the said's Lands and others, during the legal reversion, as the said's Lords of Session shall think just and reasonable; the said's Debtors always giving possession to those who have right to the said's Comprisings, and ratifying their possession already apprehended by them (if any such possession they have) of such of the said's Lands and others as the said's Lords of the Session shall appoint, not being beneath in yearly Rent and value of the Annualrents ; or otherways giving to the Creditors (whether they have possession or not) sufficient security, at the sight of the said's Lords, for payment of the said's Annualrents, during the time foresaid; the said's Lords of Session having always power to determine, whether in the cases foresaids, the Debtor shall give Surety to the Creditor for his Annualrents, or the Debtor not being able to give Surety, the Creditor shall be obliged to take possession of the Debtors Lands. And if the Lords of Session shall appoint, in the case foresaid, the Creditor to be possessed for his Annualrent, then, and in that case, the Debtor shall be holden to deliver the Evidents of the said's Lands to the Creditor, or transumps thereof; providing always, that the Creditors right, by virtue of the said's Comprisings, be no ways prejudged after the expiring of the same: And that the whole Lands and others, both such as shall be possessed by the Debtor, and the remanent of of the Lands and others contained in the saids Comprisings, shall pertain to the Creditor irredeemably. And because oftentimes Creditors, in regard they live at distance, or upon other occasions, are prejudged and prevened, by the more timeous diligence of other Creditors, so that before they can know the condition of the common Debtor, his Estate is comprised, and the posterior Comprisers have only right to the legal reversion, which may, and doth often prove ineffectual to them, not being able to satisfy and redeem the prior Comprisings (their means and money being in the hands of the common Debtor) Therefore it is Statute and Ordained, That all Comprisings, deduced since the first day of January, one thousand six hundred and fifty two years, before the first effectual Comprising, or after, but within year and day of the same, shall come in pari passu together, as if one Comprising had been deduced and obtained for the whole respective Sums, contained in the foresaids' Comprisings. And it is Declared, that such Comprisings as are preferable to all others in respect of the first real Right and Infeftment following thereupon, or the first exact diligence for obtaining the same, are and shall be holden the first effectual Comprising, though there be others in date before and anterior to the same; and the foresaid benefit given and introduced hereby, in favours of these whose Comprisings are led within the time, and in manner foresaid, is only granted and competent in the case of Comprisings, led since the first day of January, one thousand six hundred and fifty two years, and to be led after the date of their presents, and for personal Debt only, without prejudice always of ground Annuals, Annualrents due upon Infeftment, and other real Debts, and Debita fundi, and of Comprisings therefore of Lands and others affected therewith, which shall be effectual and preferable according to the Laws and Practic of this Kingdom now standing; And it is also provided, that the Creditors, having right to the first Comprising, except as is above excepted, shall be satisfied by the posterior Comprisers, claiming the benefit foresaid, of the whole expense disbursed by them, in deducing and expeding the said first Comprising and Infeftments thereupon. And further, for obviating the frequent and fraudful practice of the appearand Heirs of Debtors, who are in use to acquire the right of expired Comprisings, and by virtue thereof, to enjoy and possess their Predecessors Lands and Estate, to the prejudice and defrauding of the posterior Comprisings and other Creditors, It is Statute, that in case the appearand Heir of any Debtor, or any other confident person to his behoof, shall at any time hereafter acquire the right of an expired Comprising, already deduced, or which shall be led and deduced hereafter, the said right shall be redeemable from the appearand Heir, or the said confident person, their Heirs and Successors, within the space of ten years, after the acquiring of the said right, by the posterior Comprisers, upon payment allanerly of the Sums truly paid and given out, for buying and acquiring the saids rights, at the least so much thereof as shall be resting unsatisfied for the same, by the intromission of the appearand Heir, or of the said confident person, or their foresaids. And His Majesty, with consent foresaid, doth Declare, That the benefit foresaid introduced hereby anent Comprisings, shall be extended to Adjudications for Debt; so that the Creditors, at whose instance the same are obtained, and those who have right to redeem the same, shall be in the same case as to the benefit foresaid, as if the said Adjudications for Debts were Comprisings. And in case a Creditor, against whom the benefit of the foresaid forbearance for six years shall be taken, or who hath led, or shall lead a Comprising against the Debtor, shall think fit, and be willing, and desirous to take his Debtors Lands, or other Estate, or any part thereof for security or payment, and in satisfaction of his Debt, then, and in either of these cases, the Debtor shall be holden to give Security out of his Lands, and other Estate, or to sell the same to the Creditor, at the sight of the Lords of Session, with such warrandize, and at such rates and prices (if the Creditor be content to buy) as they shall appoint; with certification, that otherways the Debtor, refusing or failing, shall lose and forfeit all benefit introduced in favours of the Debtors by this present Act, as if it had never been made. And in regard some persons may have taken advantage of the late times and troubles, by taking and acquiring of proper Wodsets of Lands and others, exceeding the Annualrent of the Sums lent upon the same; and providing nevertheless, by the right of the foresaids Wodsets, and express provisions therein, or by writ a part, that they should not be liable to any hazard of the Fruits, Tenants, War or Troubles; His Majesty, with consent foresaid, Statutes and Ordains, that all such Wodsets, granted since the year one thousand six hundred and forty nine, shall be restricted to the ordinary Annualrent of the Sums whereupon the same are redeemable; and the said's Wodsetters shall be countable for the superplus of the Nails and Duties, and other benefit of the same, exceeding the Annualrent of the said's Sums, and the same shall be imputed and ascribed, in satisfaction of the said principal Sums pro tanto: And in case any such Bargains and Rights shall be made and acquired hereafter, His Majesty, with consent foresaid, Declares the same unlawful and usurary, and the Contraveeners shall be punished severely as Usurers, conform to the Laws and Acts of Parliament against Ockerers and Usurers. And as to proper Wodsets, granted since the time foresaid, where the Creditor undergoes the saids hazards, and the same are affected with the ordinar provisions and clauses irritant, in case of not payment of the Sums given out and due upon the saids Wodsets, at the terms and in manner mentioned in the saids Rights: albeit the said's Wodsets and Provisions be lawful; yet His Majesty, considering and having respect to the difficulties of the times, Statutes and Ordains, with consent foresaid, That the said's Clauses irritant, shall not take away the Heritors right, they always redeeming within the space of five years after Whitsunday last: And in case the Debtors conceive, that they have dis-advantage by the said proper Wodsets, and shall desire to redeem the same, it shall be lawful to them to redeem at any term of Whitsunday or Martimesse they please, notwithstanding of any provision to the contrair in the said Wodset-rights, or any other right a part suspending the redemption thereof. Likeas it is Declared, That the Clauses of requisition contained in proper Wodsets, granted since the year one thousand six hundred forty nine years, shall be effectual and no ways suspended nor prejudged hereby; But prejudice always to the forbearance of personal execution in manner above-written. And where the Creditors and Wodsetters have transacted with their Debtors, and have acquired irredeemable rights, for, and in place of, their former Wodsets, It is Ordained and Declared, That when, and at what time soever the said's Wodsets were granted, whether before or since the year one thousand six hundred and fifty years, the said's transactions and irredeemable rights acquired by the Creditor for the same, are and shall be valid and effectual, and shall no ways be prejudged by these presents. And further, His Majesty, with consent foresaid, doth Declare, That in case any Debtors have by voluntar agreement betwixt them and their Creditors, or any of them renounced the benefit of any Acts of this nature, concerning Debtor and Creditor, made or to be made, the said agreement shall be of force and effectual, and shall not be prejudged hereby; without prejudice always to the said Debtor of the prorogation foresaid of the legal reversions of Comprisings led and deduced against them, and not as yet expired, notwithstanding of the agreement and renounciation foresaid. And because, before the year one thousand six hundred and fifty, when money passed at eight or ten per cent. divers proper Wodsets were then made and granted, and are yet unredeemed; and since the beginning of January, one thousand six hundred and fifty, there be divers persons, who taking advantage of the times, refused to lend their money, unless they got proper Wodsets of Lands and Teinds, at extraordinary advantages, to the heavy prejudice of the Debtors: Therefore, His Majesty, with advice foresaid, Statutes and Ordains, That in time coming, during the not requisition of the Sums whereupon the said's Wodsets are redeemable, and during the not redemption of the same respectively, if the Debtors shall give sufficient Security to the Wodsetter for payment of his Annualrent, during the not redemption, or not requisition, as said is; In that case, the Creditor-wodsetter, shall be holden to renounce and quit his possession of the said's Lands and Teinds, in favours of the Debtor and others having right from him; At least if the Wodsetter shall be content to retain the possession of the same; In that case all the free Profits and Rents, which he shall have or uplift out of the said's Lands, shall be restricted to six per cent. yearly of free money, and the Wodsetter shall be countable to the Debtor, or others having right from him, for the superplus; and that without prejudice of the Wodsetters real Right and Infeftment, ay and while the Lands be redeemed, and the principal Sum whereupon the same is redeemable shall be satisfied. It is always provided, that where any Creditor hath had loss by his possession of the Wodset-lands and others since the date of his Wodset, So that he hath not received as much free Rent as, communibus annis, hath extended to the Annualrent allowed by Law for the time, all charges and burdens being deduced; in that case, it is provided that the Wodsetter shall be first satisfied of what he wants before he quit his possession of the said Wodset-lands, or be holden to accept Security for his Annualrents: And it is Declared, that in the account of the Wodsetter's bygone loss, there shall be allowed what he hath disbursed upon reparation and building of Tenants houses, Milnes, and for the advantage of the ground; and generally all other expense which the Wodsetter was put to, and what loss he sustained in reference to the said Wodset-lands, Rights and Securities thereof, any manner of way; and what he hath lost by Quartering, Cease, waste Land, depauperated Tenants, or by Tenants who were or are not able to pay, unless the ground should be casten waste: And because the Wodsetters' probation of his saids loss may be difficile, he not conceiving that there should be necessity for any such count, or that there should be any alteration made in the right and possession of his proper Wodset, Therefore His Majesty, with advice foresaid, doth allow the Lords of Session to take such reasonable probation as in equity they shall think fit: And if there be any deficiency, to take the Wodsetters' Oath in supplement; and where the Wodsetter is in natural possession of the Wodset-lands, by dwelling thereon or labouring the same with his own Plough and Goods, or otherways, having the same plenished with his saids Goods, in that case, he shall not be holden to remove from his said possession, but at the ordinary term of removing, and that he be lawfully warned forty days before, and after sufficient Security shall be made to him, in manner above specified, before the said warning. And His Majesty having granted so much favour, benefit and indulgence to Debtors, as the like cannot be shown to have been granted at any time in this Kingdom, doth Declare, Statute and Ordain, That the Laws and Practic of the Kingdom concerning Debts, and payment thereof, and diligence and execution for the same, and concerning proper Wodsets, where the Creditor-wodsetter hath the hazard of Fruits, Tenants, War and others, shall be observed inviolably, and be of full force, vigour and effect in all time coming, excepting so far as the same is altered, innovat and repealed by this present Act. LXIII. Act Salvo jure cujuslibet. OUr Sovereign Lord, taking to consideration, that there be many Acts of Ratification and others, past and made in this Session of Parliament, in favours of particular persons, without calling or hearing of such as may be thereby concerned and prejudged. Therefore His Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, That all such particular Acts, and Acts of Ratification, passed in manner foresaid, shall not prejudge any third party of their lawful rights, nor of their actions and defences competent thereupon before the making of the said's particular Acts, and Acts of Ratifications; and that the Lords of Session and all other judges within this Kingdom, shall be obliged to judge betwixt parties according to their several rights, standing in their persons before the making of the said's Acts. All which are hereby exponed and declared to have been made, Salvo jure cujuslibet. LXIV. Act of Adjournment. THe King's Majesty Declares this Parliament current, and Adjourns the same to the twelfth day of March next to come; Ordaining all Members of Parliament, Noblemen, Commissioners of Shires and burgh's, and all others having interest, to attend that day; and that there be no new Elections in Shires or burgh's, except upon the death of any of the present Commissioners. A. Primrose, Cls. Reg. A TABLE of the Printed ACTS. 1. ACt concerning the Precedent, and Oath of Parliament. Page 3. 2. Act and Acknowledgement of His Majesty's Prerogative, in the choice of His Officers of State, Counsellors and Judges. Page 4. 3. Act asserting His Majesty's Royal Prerogative, in the calling and dissolving of Parliaments, and making of Laws. Page 5. 4. Act asserting His Majesty's Royal Prerogative, in the making of Leagues, and the Conventions of the Subjects. Page 6. 5. Act asserting His Majesty's Royal Prerogative, in the Militia, and in making Peace and War, etc. Page 7. 6. Act annulling the pretended Convention of Estates, kept in the year, 1643. Page 8. 7. Act concerning the League and Covenant, and discharging the renewing thereof, without His Majesty's Warrant and Approbation. ibid. 8. Act against Papists, Priests and Jesuits. Page 9 9 Act approving the Engagement, 1648. and annulling the pretended Parliaments and Committees kept thereafter. Page 11. 10. Act condemning the Transactions concerning the King's Majesty, whilst He was at Newcastle in the years 1646, and 1647. Page 15. 11. Act for taking the Oath of Allegiance, and asserting the Royal Prerogative. Page 17. 12. Act concerning the Judicial Proceed in the time of the late Usurpers. Page 19 13. Act and Offer of Forty thousand pounds Sterling, to be paid to the King's Majesty yearly during His life-time, by this Kingdom. Page 21 14. Act for raising the Annuity of Forty thousand pounds Sterling, granted to His Majesty. Page 22. 15. Act Rescinding and Annulling the pretended Parliaments, in the years, 1640, 1641, etc. Page 37. 16. Act concerning Religion, and Church-Government. Page 40. 17. Act for a Solemn Anniversary Thanksgiving, for His Majesty's Restauration to the Royal Government of His Kingdoms. Page 41. 18. Act for the due observation of the Sabbath-day. Page 42. 19 Act against Swearing and excessive Drinking. Page 43. 20. Act against Cursing and Beating of Parents. Page 44. 21. Act against the crime of Blasphemy. ibid. 22. Act concerning the several degrees of casual Homicide. Page 45. 23. Act Ratifying the Privileges of the College of Justice. ibid. 24. Act concerning appearand Heirs, their payment of their Predecessors and their own Debts. Page 46. 25. Act for Denouncing of Excommunicate Persons. Page 47. 26. Act appointing the Pursuer of the Thief, to have the Goods stolen from him, restored. Page 48. 27. Act for the Pardon of Penal Statutes. ibid. 28. Act discharging the Quots of Testaments. Page 49 29. Act for poinding upon Sheriffs and Commissars Decreets. ibid. 30. Act anent the Fewers and Vassals of Kirk-lands. Page 50. 31. Act concerning the Registration of Comprisings. Page 51. 32. Act concerning Heretable and Movable Bonds. Page 52. 33. Act for the right Packing of Salmond. ibid. 34. Act against Clandestine and unlawful Marriages. Page 53. 35. Act concerning the Election and Charges of the Commissioners from Shires to the Parliament. Page 55. 36. Act anent Presentation of Ministers. Page 56. 37. Act concerning the Bullion. Page 57 38. Commission and Instructions to the Justices of Peace and Constables. Page 65. 39 Act for the Fishings, and erecting of Companies for promoving of the same. Page 79 40. Act for Erecting of Manufacturies. Page 83. 41. Act for Planting and Enclosing of Ground. Page 85. 42. Act establishing Companies and Societies, for making Linen-cloth, Stuffs, etc. Page 87. 43. Act discharging the Exportation of Linnen-yarn, and regulating the breadth of Linen-cloth, etc. Page 89. 44. Act for encouraging of Shipping and Navigation. Page 90. 45. Act discharging the Exportation of Skins, Hides, etc. Page 93. 46. Act discharging the Exportation of Woollen-yarn, Worstead, broken Copper and Pewter, etc. Page 94. 47. Act discharging Tradesmen to Import Made-work. ibid. 48. Act for encouraging of Soap-works. Page 95. 49. Act Reducing the Annuals to Six for the Hundred. ibid. 50. Act and Offer of Twelve thousand pounds Sterling to the Lords of Session. Page 96. 51. Act concerning Arrestments. Page 97. 52. Act concerning the disposal of Vacant Stipends. ibid. 53. Act Ratifying the Act of Parliament, 1633. anent the Annexation of His Majesty's Property. Page 98. 54. Act in favours of Laic Patrons of Provestries, Prebendaries, Chaplanries and Altarages. Page 100 55. Act anent Cocquets and Entries of Ships. Page 102. 56. Act anent Coal-hewers. ibid. 57 Act discharging the Custom of two and an half of the hundred, and the Impost of four pounds on the Tun. Page 103. 58 Act in favours of those who get their Ward-holding changed by the King's Majesty. Page 104. 59 Act anent the Exchequer. Page 105. 60. Act concerning Docqueting of Signaturs. Page 106. 61. Commission for Plantation of Kirks and Valuation of Teinds. ibid. 62. Act for ordering the payment of Debts betwixt Creditor and Debtor. Page 111. 63. Act Salvo jure cujuslibet. Page 118. 64. Act of Adjournment. ibid. FINIS.