THE ACTS MADE IN THE SECOND PARLIAMENT OF OUR MOST HIGH AND DREAD SOVEREIGN CHARLES, By the grace of God King of Scotland, England, France and Ireland, Defender of the Faith, etc. Holden at Edinburgh in the several Sessions thereof, according to the dates therein mentioned. Acts past and done in this present Session of Parliament, the eleventh of June 1640. EDINBURGH, Printed by Robert Young and Evan Tyler, Printers to the Kings most excellent MAJESTY. ANNO 1641. Cum Privilegio Regiae Majestatis. ACTS PAST AND DONE IN THIS PRESENT Session of PARLIAMENT, the eleventh of June 1640. ACT I. ACT ANENT THE CHOOSING OF Robert Lord Burghlie to be Precedent in this Court and Session of Parliament, in respect of the absence of the King's Commissioner. THE Estates of Parliament presently convened by His Majesty's special authority, Considering, that in respect of the absence of His Majesty's Commissioner, they are necessitate to make choice of one of their number to be Precedent in this present Session of Parliament, And understanding the sufficiency of Robert Lord Burghlie for that charge, They all in one voice, with one consent, did nominate, elect and choose the said Robert Lord Burghlie, to be Precedent, and to proceed in this present Session and Court of Parliament, for discussing and handling of the matters to be determinat thereintill. ACT II. ACT ANENT THE CONSTITUTION Of the Parliament, and all subsequent Parliaments. THE Estates of Parliament presently convened by His Majesty's special authority, Considering that this present Parliament was indicted by His Majesty, for ratifying of such Acts as should be concluded in the late Assembly of the Kirk, for determining all Civil matters, and settling all such things as may conduce to the public good, and peace of this Kirk and Kingdom, And considering the several complaints of this Kirk unto Parliaments from time to time, proceeding from her continual experience of prejudice and ruin, through many persons, and specially of Prelates their attempting to voice or do any thing in name of the Kirk, without either bearing Office in the Kirk, or having commission from the Kirk, And the Acts of the late General Assembly, condemning the office of Bishops, Archbishops, and other Prelates, and the civil places and power of Kirkmen, as their voicing and riding in Parliament; and craving the abolishing of these Acts of Parliament, which grants to the Kirk or Kirkmen vote in Parliament, to be abrogate, as prejudicial to her Liberties, and incompatible with her spiritual nature; Considering also that there are convened in this present Parliament, by His Majesty's special indiction, warrant, and authority, the Nobility, Barons, and Burgesses, the Estates of this Kingdom, who have a full and undoubted power to proceed and determine in all matters concerning the public good of this Kingdom, and that notwithstanding of the absence of the Prelates, who by former Laws were appointed to be members of Parliament; And to the effect none presume to move any question there anent, The saids Estates now convened, as said is, have declared, and by these presents declares this present Parliament holden by the Nobility, Barons, and Burgesses, and their Commissioners; the true Estates of this Kingdom, to be a complete and perfect Parliament, and to have the famine power, authority and jurisdiction, as absolutely and fully, as any Parliament formerly hath had within this Kingdom in time bygone; And ordains all Parliaments hereafter, to be so constitute, and to consist only in all time coming, of the Noblemen, Barons, and Burgesses, as the members and three Estates of Parliament: And rescindes and annuls all former Laws & Acts of Parliament, made in favours of whatsoever Bishops, Archbishops, Abbots, Pryors, or other Prelates or Churchmen whatsoever, for their riding, sitting, or voicing in Parliament, either as Churchmen, or the Clergy, or in name of the Church, or as representing the Church, as an State or member of Parliament, by reason of their Ecclesiastical Offices, Titles, Dignities, or Benefices, and namely, the 231. Act, Parl. 15. K. Ja. 6.1597. anent the Kirk, and specially parsons and prelate's, representing the third Estate, and the 2. Act Parl. 18. K. Ja. 6.1606. anent the restitution of the estate of Bishops, and their representing the third Estate, with all Acts and Constitutions of Convention, Council, or Session, and all practices and customs whatsoever, in so far as the same or any clause thereof, tends or may be extended to the effect foresaid, as being found and declared prejudicial to the Liberty of this Kirk and Kingdom, and to the purity of the true reformed Religion therein established. And prohibits all persons whatsoever, to call in question the authority of this present Parliament, upon whatsoever pretext, under the pain of treason. ACT III. ACT ANENT THE CHOOSING of Committees out of every Estate. THe Estates of Parliament presently convened, by virtue of His Majesty's special authority, Considering that there have divers questions arisen in this present Parliament, anent the freedom of the Parliament, either to choose, or not to choose Committees for Articles, & when they resolve to choose anent the manner of election of them, & anent their use and power: By reason the same is not yet determined nor set down by any Acts of former Parliaments; for removing whereof, & avoiding the great prejudice which by experience they find will hereby redound to this Kingdom, and to the liberty, freedom & dignity of the supreme Courts of Parliament, They have thought it necessary that a solid Order be set down, as well declaring the Liberty of the Parliament, in the manner of their proceed by themselves alone, or by Committees for Articles, as prescribing the form and manner of the election of these Committees for Articles, and defining their use, power, and manner of proceeding to be observed in all times coming. AND THEREFORE have statute and declared, That according to the Liberty of all free Judicatories, anent their own preparatory Committees, all subsequent Parliaments, may according to the importance of Affairs for the time, either choose, or not choose several Committees for Articles, as they shall think expedient, And that any subsequent Parliaments making election of Committees for Articles, to prepare matters for them, shall proceed in manner following, To wit, That these of the Noblemen, shallbe named and chosen by the Noblemen themselves, out of their number. And by the Baron's Commissioners of Shires by themselves out of their number; And the Burgesses, Commissioners of Burrowes by themselves out of their number. The names of the which persons so named and chosen out of every Estate, (not exceeding for every Committee, the number prescribed by the Act of Parliament, 1587.) being openly read and made known to the whole Estates sitting in plain Parliament, The said Estates having received any propositions (which are ever first to be presented to themselves) by an Act, shall authorise the said persons with power to treat, reason, and consult upon the expediency or inexpediency of such Articles allanerlie as shallbe committed and recommended unto them by the Estates, and to set down such reasons and motives, as they can devise, whereby to enforce either the passing or rejecting of the famine in Parliament, To be reported, with the said Articles, to the remanent of the said Estates assembled in Parliament, that they may deliberate and advise thereupon, and that after discussing of the reasons given in either for, or against the famine, The said Estates may ordain such of the said's Articles as they find to deserve consideration to be form the said's Articles to be voiced in plain Parliament. And in case it shall happen them to omit or forget to make report to the Estates, as said is, of any of the said's Articles, with their reasons for, or against the same, It shallbe lawful in that case to the in-givers of the said's Articles, to propone the famine again in plain Parliament, that they may there be determined and decided. And farther, to the effect that the said's Estates may be in readiness to receive all Articles which shallbe given in and presented to the Parliament, and either to give answer thereunto themselves, if they shall think it expedient, or otherwise to recommend the same to the said Committee, to be digested by them, and reported, as said is. IT is thought fit and declared, That the rest of the Estates, by and beside these of the several Committees to the Articles shallbe holden continually to sit for receiving, advising, and discussing of all Articles, Propositions, Overtures, and Matters shall be presented to them from the beginning of the Parliament to the closure thereof. And such like, after all the said's Articles are past and discussed by the saids Estates in manner foresaid, That they shall take such a competent time as they shall think requisite, according to the number and importance of the Affairs in hand, To revise and consider the famine again before the day of voicing, That they may be well and ripely advised thereanent. ACT iv ACT ANENT THE RATIFICATION Of the Acts of the Assembly. THE Estates of Parliament presently convened by His Majesty's special Authority, Ratifies, approves and perpetually confirms the Act of the General Assembly holden at EDINBURGH in the month of August last bypast, made upon the seventeenth day of the said Month, and in the eighth Session of the said Assembly, entitled, Anent the six causes of our bygone evils; whereof the tenor follows. THE King's Majesty having graciously declared, that it is His Royal will and pleasure, that all questions about Religion, and matters Ecclesiastical, be determined by assemblies of the Kirk, having also by public Proclamation indicted this Free Nationall Assembly, for settling the present distractions of this Kirk, and for establishing of a perfect peace against such divisions and disorders as have been sore displeasing to His Majesty, and grievous to all his good subjects. And now his Majesty's Commissioner, John Earl of Traquaire, instructed and authorized with a full Commission, being present and sitting in this assembly, now fully convened and orderly constitute in all the members thereof: according to the order of this Kirk, having at large declared His Majesty's zeal to the reformed Religion, and His Royal care and tender affection to this Kirk, where His Majesty had both His Birth and Baptism, His great displeasure at the manifold distractions and divisions of this Kirk and Kingdom, and His desires to have all our wounds perfectly cured with a fair and fatherly hand; And although in the way approven by this Kirk, trial hath been taken in former Assemblies before, from the Kirk Registers, to our full satisfaction, yet the Commissioners Grace making particular inquiry from the members of the Assembly, now solemnly convened, concerning the real and true causes of so many and great evils, at this time past, had so sore troubled the peace of this Kirk and Kingdom, IT was represented to His Majesty's Commissioner, by this Assembly, that, beside many other, the main and most material causes were, first the pressing of this Kirk by the prelate's, with a Service book or book of Common prayer, without warrant or direction from the Kirk, and containing, beside the popish frame thereof, divers popish errors and ceremonies, and the seeds of manifold and gross superstitions and idolatry; With a book of Canons, without warrant or direction from the General Assembly, establishing a tyrannical power over the Kirk, in the persons of the Bishops, and overthrowing the whole Discipline and Government of the Kirk by Assemblies; With a book of Consecration and Ordination, without warrant of authority Civil or Ecclesiastical, appointing offices in the house of God, which are not warranted by the word of God, and repugnant to the Discipline and Acts of our Kirk; And with the High Commission, erected without the consent of this Kirk, subverting the jurisdiction and ordinary Judicatories of this Kirk, and giving to persons merely Ecclesiastical, the power of both swords, and to persons merely civil, the power of the keys and church censures. A second cause was the Articles of Perth, viz. the observation of Festival days, kneeling at the Communion, Confirmation, Administration of the Sacraments in private places, which were brought in by a nats' Assembly, and are contrary to the Confession of Faith, as it was meant and subscribed, Anno 1580. and divers times since, and to the order and constitution of this Kirk. Thirdly, the change of the Government of the Kirk, from the Assemblies of the Kirk, to the persons of some Kirkmen, usurping priority and power over their Brethren, by the way, and under the name of Episcopal Government, against the confession of Faith, 1580. against the order set down in the book of policy, and against the intention and constitutions of this Kirk from the beginning. Fourthly, the civil places and power of Kirkmen, their sitting in Session, Council, and Exchequer, their riding, sitting, and voicing in Parliament, and their sitting in the Bench as Justices of Peace, which according to the Constitutions of this Kirk, are incompatible with their spiritual function, lift them up above their Brethren in worldly pomp, and do tend to the hindrance of the Ministry. Fiftly, the keeping and authorising corrupt Assemblies at Linlithgow 1606. 1608. at Glasgow, 1610. at Aberdene 1616. at S. Andrew's 1617. at Pearth 1618. which are null and unlawful as being called and constitute quite contrary to the order and constitutions of this Kirk, received and practised ever since the Reformation of Religion, and withal labouring to introduce Novations into this Kirk, against the Order and Religion established. A sixth cause is, the want of lawful and Free General Assemblies, rightly constitute of Pastors, Doctors, and Elders, yearly, or oftener, pro re nata, according to the Liberty of this Kirk, expressed in the book of policy, and acknowledged in the Act of Parliament 1592. after which, the whole Assembly, in one heart and voice, did declare, that these and such other, proceeding from the neglect and breach of the Nationall Covenant of this Kirk and Kingdom, made anno 1580. have been indeed the true & main causes of all our evils and distractions, AND therefore ordain, according to the Constitutions of the General Assemblies of this Kirk, and upon the grounds respective above-specified, That the foresaid Service-book, books of Canons, and Ordination, and the High Commission, be still rejected, That the articles of Pearth be no more practised, That Episcopal government, the civil places and power of Kirkmen, be holden still as unlawful in this Kirk, That the pretended assemblies at Linlithgow 1606. 1608. at Glasgow 1610. at Aberdene 1616. at S. Andrew's 1617. at Pearth 1618. be hereafter accounted as null, and of none effect; and that for preservation of Religion, and preventing all such evils in time coming, General Assemblies rightly constitute, as the proper and competent Judge of all matters Ecclesiastical, hereafter be keeped yearly, and oftener pro re nata, as occasion and necessity shall require (The necessity of these occasional Assemblies being first remonstrate to His Majesty by humble supplication) As also that Kirk Sessions, Presbyteries, and Synodal Assemblies, be constitute and observed according to the Order of this Kirk; Which Act, with all and sundry the particular heads, clauses, and articles therein contained, The Estates now convened by His Majesty's indiction, warrant and authority foresaid, Ratifies, approves, and confirms in all points, in manners as the same proports; And gives thereunto the strength of a Law and Act of Parliament, and ordains execution to pass thereupon as effeirs; And rescindes, casses, and annuls all Acts and Decrees of Parliament and Council formerly made, contrair and in prejudice of the said Act, or any part thereof. ACT V ACT ANENT THE RATIFICATION Of the Covenant, and of the Assemblies supplication. Act of Council, and Act of Assembly concerning the Covenant. THE Estates of Parliament presently convened by his Majesty's special authority, considering the supplication of the General Assembly at Edinburgh the 12. of August 1639. to his Majesty's high Commissioner, & the Lords of His Majesty's Honourable Privy Council, and the Act of the Council the 30. of August 1639. containing the answer of the said supplication, & the Act of the said General Assembly, ordaining by their Ecclesiastical constitution, the subscription of the Confession of Faith & Covenant, mentioned in their Supplication; And withal, having supplicated His Majesty to ratify and enjoin the famine by His Royal authority, under all civil pains, as tending to the glory of God, preservation of Religion, the King's Majesty's honour, and the perfect peace of this Kirk and Kingdom, Do ratify and approve the said supplication, Act of Council, and Act of Assembly, and conform thereto, Ordains and commands the said Confession and Covenant, to be subscribed by all His Majesty's Subjects, of what rank and quality soever, under all civil pains, And ordains the said Supplication, Act of Council, and Act of the Assembly, with the whole Confession and Covenant itself, to be insert and registrate in the Acts and books of Parliament; And also ordains the famine to be presented at the entry of every Parliament, & before they proceed to any other Act, That the same be publicly read and sworn by the whole members of Parliament, claiming voice therein, otherwise the refusers to subscribe and swear the same, shall have no place nor voice in Parliament. And such like ordains all Judges, Magistrates, or other Officers of whatsoever place, rank or quality, and Ministers at their entry, to swear and subscribe the famine Covenant, Whereof, and of the said Supplication, Act of Council, and Act of the Assembly, the tenor follows, etc. THE SUPPLICATION OF THE General Assembly convened at EDINBURGH the 12. of August 1639. to his Majesty's high Commissioner, and the Lords of his Majesty's Honourable Privy Council. We the General Assembly, considering with all humble and thankful acknowledgement, the many recent favours bestowed upon us by His Majesty, and that there resteth nothing for crowning of His Majesty's incomparable goodness towards us, but that all the members of this Kirk and Kingdom be joined in one and the same Confession and Covenant with God, with the King's Majesty, and amongst ourselves: And conceiving the main and impediment to this so good a work, and so much wished by all, to have been the Informations made to his Majesty, of our Intentions to shake off civil and dutiful obedience due to Sovereignty, and to diminish the King's greatness and authority, and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an Union, and for clearing of our loyalty, WE in our own names, and in name of all the rest of the Subjects and Congregations whom we represent, do now in all humility represent to your Grace, His Majesty's Commissioner, and the Lords of His Majesty's most Honourable Privy Council, and declares before God and the world, that we never had, nor have any thought of withdrawing ourselves from that humble and dutiful obedience to his Majesty, and to his government, which by the descent and under the reign of 107. Kings, is most cheerfully acknowledged by us and our predecessors: and that we never had, nor have any intention nor desire to attempt any thing that may tend to the dishonour of God, or the diminution of the King's greatness and authority: But on the contrary, acknowledging our quietness, stability and happiness to depend upon the safety of the King's Majesty's Person, and maintenance of his greatness and royal authority who is God's Vicegerent set over us, for the maintenance of Religion and ministration of Justice, We have solemnly sworn and do swear, not only our mutual concurrence and assistance for the cause of Religion, and to the uttermost of our power, with our means and lives, to stand to the defence of our dread Sovereign, his person and authority, in the preservation and defence of the true Religion, Liberties and Laws of this Kirk and Kingdom, but also in every cause which may concern his Majesty's honour, shall according to the Laws of this Kingdom, and the duties of good Subjects, concur with our friends and followers in quiet manner, or in Arms, as we shallbe required of his Majesty, his Council, or any having his authority. And therefore being most desirous to clear ourselves of all imputation of this kind, and following the laudable example of our predecessors, 1589. do most humbly supplicate your Grace, his Majesty's Commissioner, and the Lords of his Majesty's most honourable Privy Council, to enjoin by act of Council, that this Confession and Covenant, which, as a testimony of our fidelity to GOD, and loyalty to our King, we have subscribed, be subscribed by all his Majesty's Subjects, of what rank and quality soever. THE ACT OF HIS MAJESTY'S MOST Honourable Privy Council at Edinburgh, August 30. Anno 1639. containing the answer of the Supplication above-written. THe which day in presence of the Lord Commissioner, and Lords of Privy Council, compeired personally John Earl of Rothes, James Earl of Montrose, John Lord Lowdoun, Sir George Stirling of Keir Knight, Sir William Douglas of Cavers Knight, Sir Henry Wood of Bonytoun Knight, John Smyth Burgess of Edinburgh, Mr. Robert Barclay Provest of Irwing, Mr. Alexander Henderson Minister at Edinburgh, and Master Archbald Johnstoun Clerk to the General Assembly, and in the name of the present sitting General Assembly, gave in to the Lord Commissioner and Lords of Privy Council, the petition above written; which being read, heard, and considered by the saids Lords, they have ordained, and ordain the same to be insert and registrate in the books of Privy Council, and according to the desire thereof, ordains the said Confession and Covenant to be subscribed in time coming by all his Majesty's Subjects of this Kingdom, of what rank and quality soever. THE ACT OF THE GENERAL ASSEMBLY, Ordaining by Ecclesiastical authority, the subscription of the Confession of Faith and Covenant. THe General Assembly considering the great happiness which may flow from a full and perfect Union of this Kirk and Kingdom, by joining of all in one and the same Covenant with God, with the King's Majesty, and amongst ourselves, having by our great Oath declared the uprightness and loyalty of our intentions in all our proceed, and having withal supplicated his Majesty's high Commissioner, and the Lords of his Majesty's honourable Privy Council, to enjoin by Act of Council, all the Liege's in time coming to subscribe the Confession of Faith and Covenant, which as a testimony of our fidelity to God, and loyalty to our King, we have subscribed; And seeing his Majesty's high Commissioner, and the Lords of his Majesty's honourable Privy Council, have granted the desire of our Supplication, ordaining by civil authority, all his Majesty's Liege's in time coming, to subscribe the foresaid Covenant, that our union may be the more full and perfect, We by our act and constitution Ecclesiastical, do approve the foresaid Covenant, in all the Heads and Clauses thereof, and ordains of new, under all Ecclesiastical censure, that all the Masters of Universities, Colleges, and Schools, all Scholars at the passing of their degrees, all persons suspect of Papistry, or any other error; and finally, all the members of this Kirk and Kingdom, subscribe the same, with these words prefixed to their subscription: The Article of this Covenant, which was at the first subscription referred to the determination of the general Assembly, being determined. And thereby the Five Articles of Perth, the government of the Kirk by Bishops, the civil places and power of Kirkemen, upon the reasons and grounds contained in the acts of the General Assembly, declared to be unlawful within this Kirk, we subscribe according to the determination foresaid. And ordains the Covenant, with this declaration, to be insert in the Registers of the Assemblies of this Kirk, General, Provincial, and Presbyterial, ad perpetuam reimemoriam; and in all humility supplicates his Majesty's high commissioner, and the honourable Estates of Parliament, by their authority, to ratify and enjoin the same, under all civil pains, which will tend to the glory of God, preservation of Religion, the King's Majesty's honour, and perfect peace of this Kirk and Kingdom. The Confession of Faith, subscribed at first by the King's Majesty and his Household, in the year of God 1580. Thereafter by Persons of all ranks, in the year 1581. By ordinance of the Lords of the secret Council, and acts of the General Assembly. Subscribed again by all sorts of Persons in the year 1590. By a new ordinance of Council, at the desire of the General Assembly: with a general Band for maintenance of the true Religion, and the King's Person. And subscribed in the year 1638. By Us, Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons, then under subscribing: Together with our resolution and promises for the causes after specified, to maintain the said true Religion, and the King's Majesty, according to the Confession foresaid, and acts of Parliament. And now, upon the Supplication of the General Assembly to his Majesty's high Commissioner, and the Lords of his Majesty's honourable Privy Council, subscribed again in the year 1639. by ordinance of Council, and Act of the General Assembly. We all, and every one of us under-written, protest, that after long and due Examination of our own consciences, in matters of true and false Religion, We are now throughly resolved of the Truth, by the word and Spirit of God; And therefore we believe with our hearts, confess with our mouths, subscribe with our hands, and constantly affirm before God, and the whole World, that this only is the true Christian Faith and Religion, pleasing God, and bringing Salvation to man, which now is by the mercy of God revealed to the world, by the preaching of the blessed Evangel, and received, believed, and defended by many and sundry notable Kirks and Realms, but chief by the Kirke of Scotland, the King's Majesty, and the three Estates of this Realm, as Gods Eternal Truth, and only ground of our Salvation, as more particularly is expressed in the Confession of our Faith, established, and publicly confirmed by sundry Acts of Parliaments, and now of a long time hath been openly professed by the King's Majesty, and whole body of this Realm both in Burgh and Land. To the which Confession and form of Religion, we willingly agree in our consciences in all points, as unto God's undoubted Truth and Verity, grounded only upon his written Word. And therefore, we abhor and detest all contrary Religion, and Doctrine: But chief, all kind of Papistry, in general and particular heads, even as they are now damned and confuted by the Word of God, and Kirk of Scotland: But in special, we detest and refuse the usurped authority of that Roman Antichrist upon the Scriptures of God, upon the Kirk, the civil Magistrate, and consciences of men, all his tyrannous laws made upon indifferent things against our Christian liberty: His erroneous Doctrine against the sufficiency of the written Word, the perfection of the law, the office of Christ, and his blessed Evangel: His corrupted Doctrine concerning original sin, our natural inability and rebellion to God's Law, our Justification by faith only, our imperfect Sanctification and obedience to the Law, the nature, number and use of the Holy Sacraments: His five bastard Sacraments, with all his Rites, Ceremonies, and false Doctrine, added to the ministration of the true Sacraments without the word of God: His cruel judgement against Infants, departing without the Sacrament: His absolute necessity of Baptism: His blasphemous opinion of Transubstantiation, or real presence of Christ's Body in the Elements, and receiving of the same by the wicked, or bodies of men: His dispensations with solemn Oaths, Perjuries, and degrees of Marriage, forbidden in the Word: His cruelty against the innocent divorced: His devilish Mass: His blasphemous Priesthood: His profane Sacrifice for the sins of the dead and the quick: His Canonization of men, calling upon Angels or Saints departed, worshipping of Imagery, Relics, and Crosses, dedicating of Kirks, Altars, Days, Vows to creatures; His Purgatory, Prayers for the dead, praying or speaking in a strange language, with his Processions, blasphemous Litany, and multitude of Advocates or Mediators: His manifold Orders, Auricular Confession: His desperate and uncertain Repentance; His general and doubtsome Faith; His satisfactions of men for their sins: His Justification by works, opus operatum, works of Supererogation, Merits, Pardons, Peregrinations, and Stations: His holy-water, baptising of Bells, conjuring of Spirits, crossing, saning, anointing, conjuring, hallowing of GOD'S good creatures, with the superstitious opinion joined therewith; His worldly Monarchy, and wicked Hierarchy: His three solemn vows, with all his shavelings of sundry sorts: His erroneous and bloody decrees made at Trent, with all the subscribers and approvers of that cruel and bloody Band, conjured against the Kirk of GOD: And finally, we detest all his vain Allegories, Rites, Signs and Traditions, brought in the Kirk, without, or against the Word of GOD, and Doctrine of this true reformed Kirk: To the which we join ourselves willingly in Doctrine, Faith, Religion, Discipline, and use of the holy Sacraments, as lively members of the same in Christ our Head: Promising and swearing by the Great Name of the Lord our GOD, that we shall continue in the Obedience of the Doctrine and Discipline of this Kirk, and shall defend the same according to our vocation and power all the days of our lives, under the pains contained in the Law, and danger both of Body and Soul, in the day of GOD'S fearful Judgement: And seeing that many are stirred up by Satan, and that Roman Antichrist, to promise, swear, subscribe, and for a time use the holy Sacraments in the Kirk deceitfully, against their own consciences, minding thereby, first, under the external cloak of Religion to corrupt and subvert secretly GOD'S true Religion within the Kirk, and afterward, when time may serve, to become open enemies and persecutors of the same, under vain hope of the Pope's dispensation, devised against the Word of GOD, to his greater confusion, and their double condemnation in the day of the LORD JESUS: We, therefore, willing to take away all suspicion of hypocrisy, and of such double dealing with GOD and his Kirk, Protest, and call The Searcher of all hearts for witness, that our minds and hearts do fully agree with this our Confession, Promise, Oath, and Subscription, so that We are not moved for any worldly respect, but are persuaded only in our consciences, through the knowledge and love of GOD'S true Religion, printed in our hearts by the holy Spirit, as we shall answer to him in the day, when the secrets of all hearts shall be disclosed: And because we perceive, that the quietness and stability of our Religion and Kirk, doth depend upon the safety and good behaviour of the King's Majesty, as upon a comfortable instrument of God's mercy, granted to this Country, for the maintaining of his Kirk, and ministration of Justice amongst us, we protest and promise with our hearts, under the same Oath, Hand-writ, and pains, that we shall defend his Person and Authority, with our goods, bodies, and lives, in the defence of Christ his Evangel, Liberties of our Country, ministration of Justice, and punishment of Iniquity against all enemies within this Realm, or without, as we desire our GOD to be a strong and merciful defender to us, in the day of our death, and coming of our Lord JESUS CHRIST; To whom with the Father, and the holy Spirit, be all Honour and Glory eternally. LIKE AS many Acts of Parliament not only in general do abrogat, annul, and rescind all Laws, Statutes, Acts, Constitutions, Canons, civil or municipal, with all other Ordinances and practic penalties whatsoever, made in prejudice of the true Religion and Professors thereof: Or of the true Kirk discipline, jurisdiction, and freedom thereof: Or in favours of idolatry and superstition: Or of the Papistical Kirk: As, Act 3. Act 31. Parl. 1. Act 23. Parl. 11. Act 114. Parl. 12. of K. James the sixth, That Papistry and Superstition may be utterly suppressed according to the intention of the Acts of Parliament repeated in the 5. Act, Parl. 20. K. James 6. And to that end they ordain all Papists and Priests to be punished by manifold Civil and Ecclesiastical pains, as adversaries to Gods true Religion, preached, and by Law established within this Realm, Act 24. Parl. 11. K. James 6. as common enemies to all Christian Government, Act 18. Parl. 16. K. James 6. as rebellers and gainstanders of our Sovereign Lords authority, Act 47. Parl. 3. K. James 6. and as Idolaters, Act 104. Parl. 7. K. James 6. But also in particular (by and attour the Confession of faith) do abolish and condemn the Pope's Authority and Jurisdiction out of this Land, and ordain the maintainers thereof to be punished, Act 2. Parl. 1. Act 51. Parl. 3. Act 106. Parl. 7. Act 114. Parl. 12. K. James 6. do condemn the Pope's erroneous doctrine, or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publicly preached, and by Law established in this Realm: And ordain the spreaders and makers of Books or Libels, or Letters, or writs of that nature to be punished, Act 46. Parl. 3. Act 106. Parl. 7. Act 24. Parl. 11. K. James. 6. do condemn all Baptism conform to the Popes Kirk and the Idolatry of the Mass, and ordain all sayers, wilful hearers, and concealers of the Mass, the maintainers and resetters of the Priests, Jesuits, traffiquing Papists, to be punished without any exception or restriction, Act 5. Parl. 1. Act 120 Parl. 12. Act 164. Parl. 13. Act 193. Parl. 14. Act 1. Parl. 19 Act 5. Parl. 20. K. James 6. do condemn all erroneous books and writs containing erroneous doctrine against the Religion presently professed, or containing superstitious Rites and Ceremonies Papistical, whereby the people are greatly abused, and ordain the home-bringers of them to be punished; Act 25. Parl. 11. K. James 6. do condemn the monuments and dregs of bygone Idolatry, as going to the Crosses, observing the Festival days of Saints, and such other superstitious and Papistical Rites, to the dishonour of GOD, contempt of true Religion, and fostering of great error among the people, and ordain the users of them to be punished for the second fault as Idolaters, Act 104. Parl. 7. K. James 6. LIKE AS many Acts of Parliament are conceived for maintenance of God's true and Christian Religion, and the purity thereof in Doctrine and Sacraments of the true Church of GOD, the liberty and freedom thereof, in her Nationall and Synodall Assemblies, Presbyteries, Sessions, Policy, Discipline, and Jurisdiction thereof, as that purity of Religion and liberty of the Church was used, professed, exercised, preached, and confessed according to the Reformation of Religion in this Realm; As for instance, the 99 Act Parl. 7. Act 23. Parl. 11. Act 114. P. 12. Act. 160. Parl. 13. of K. James 6. ratified by 4. Act of King Charles. So that the 6. Act Parl. 1. and 68 Act Parl. 6. of King James 6. in the year of God 1579. declare the Ministers of the blessed Evangel, whom GOD of his mercy had raised up, or hereafter should raise, agreeing with them that then lived in Doctrine, and Administration of the Sacraments, and the people that professed Christ, as he was then offered in the Evangel, and doth communicate with the holy Sacraments, (as in the reformed Kirks of this Realm they were publicly administrate) according to the Confession of Faith, to be the true and holy Kirk of Christ Jesus within this Realm, and discern and declare all and sundry, who either gainsay the Word of the Evangel, received and approved, as the heads of the confession of faith, professed in Parliament, in the year of God 1560, specified also in the first Parliament of King james 6. and ratified in this present Parliament, more particularly do specify, or that refuses the administration of the holy Sacraments, as they were then ministrated, to be no members of the said Kirk within this Realm, and true Religion, presently professed, so long as they keep themselves so divided from the society of CHRIST'S Body: And the subsequent Act 69. Parl. 6. of King james 6. declares, that there is none other Face of Kirk, nor other Face of Religion, than was presently at that time by the favour of GOD established within this Realm, which therefore is ever styled, God's true Religion, Christ's true religion, the true and Christian Religion, and a perfect Religion, Which, by manifold Acts of Parliament, all within this Realm, are bound to profess to subscribe the articles thereof, the Confession of Faith, to recant all doctrine and errors repugnant to any of the said Articles, Act 4. and 9 Parl. 1. Act 45.46.47. Parl. 3. Act 71. Parl. 6. Act 106. Parl. 7. Act 24. Parl. 11. Act 123. Parl. 12. Act 194. and 197 Parl. 14. of King lame 6. And all Magistrates, Sheriffs, etc. on the one part are ordained to search, apprehend, and punish all contraveeners. For instance, Act 5. Parl. 1. Act. 104. Parl. 7. Act 25. Parl. 11. K. James 6. and that notwithstanding of the King's Majesty's licences on the contrary, which are discharged and declared to be of no force, in so far as they tend in any ways to the prejudice and hinder of the execution of the Acts of Parliament against Papists and adversaries of true Religion, Act 106. Parl. 7. K. james 6. On the other part in the 47. Act Parl. 3. K. james 6. it is declared and ordained, seeing the cause of God's true Religion, and his highness' Authority are so joined, as the hurt of the one is common to both, and that none shall be reputed as loyal and faithful subjects to our Sovereign Lord, or his authority, but be punishable as rebellers and gainstanders of the same, who shall not give their Confession, and make their profession of the said true Religion, and that they who after defection shall give the Confession of their Faith of new, they shall promise to continue therein in time coming, to maintain our Sovereign Lords Authority, and at the uttermost of their power to fortify, assist, and maintain the true Preachers and Professors of Christ's Evangel, against whatsoever enemies and gainstanders of the same: and namely, against all such (of whatsoever nation, estate, or degree they be of) that have joined, and bound themselves, or have assisted, or assist to set forward and execute the cruel decrees of the Council of Trent, contrary to the true Preachers and Professors of the Word of God, which is repeated word by word in the Articles of Pacification at Perth the 23 of February 1572. approved by Parliament the last of April 1573. ratified in Parliament 1587. and related, Act 123. Parl. 12. of K. james 6. with this addition, that they are bound to resist all treasonable uproars and hostilities raised against the true Religion, the King's Majesty, and the true Professors. LIKE AS all Liedges are bound to maintain the K. Majesty's Royal Person, and Authority, the Authority of Parliaments, without the which neither any laws or lawful Judicatories can be established, Act 130. and 131 Parl. 8. K. james 6. and the subjects liberties, who ought only to live and be governed by the King's laws, the common laws of this Realm allanerly. Act 48. Parl. 3. K. James the first. Act 79. Parl. 6. K. James 4. repeated in the Act 131. Parl. 8. K. James 6. Which, if they be innovated or prejudged, the Commission anent the Union of the two Kingdoms of Scotland and England, which is the sole Act of the 17. Parl. of K. James 6. declares such confusion would ensue, as this Realm could be no more a free Monarchy, because by the fundamental laws, ancient privileges, offices, and liberties of this Kingdom, not only the Princely Authority of his Majesty's Royal descent hath been these many ages maintained, but also the people's security of their Lands, live, rights, offices, liberties, and dignities preserved. And therefore for the preservation of the said true Religion, Laws, and Liberties of this Kingdom, it is statute by the 8. Act, Parl. 1. repeated in the 99 Act, Parl. 7. Ratified in the 23. Act, Parl. 11. and 114. Act, Parl. 12. of K. James 6. and 4. Act of K. Charles, that all Kings and Princes at their Coronation and reception of their Princely authority, shall make their faithful promise by their solemn Oath in the presence of the Eternal GOD, that, enduring the whole time of their lives, they shall serve the same eternal GOD to the uttermost of their power, according as he hath required in his most holy Word, contained in the Old and New Testament: And according to the same Word, shall maintain the true Religion of Christ Jesus, the preaching of his holy Word, the due and right ministration of the Sacraments now received and preached within this Realm (according to the Confession of Faith immediately preceding) and shall abolish and gain-stand all false Religion contrary to the sme, and shall rule the people, committed to their charge, according to the will and command of GOD, revealed in his foresaid word, and according to the laudable Laws and Constitutions received in this Realm, no ways repugnant to the said will of the eternal GOD, and shall procure, to the uttermost of their power, to the Kirk of GOD, and whole Christian people, true and perfect peace in all time coming: and that they shall be careful to root out of their Empire all Heretics, and enemies to the true worship of GOD, who shall be convicted by the true Kirk of GOD, of the foresaid crimes, which was also observed by his Majesty, at his Coronation at Edinburgh, 1633. as may be seen in the Order of the Coronation. IN OBEDIENCE to the commandment of God, conform to the practice of the godly in former times, and according to the laudable example of our Worthy and Religious Progenitors, and of many yet living amongst us, which was warranted also by Act of Council, commanding a general Band to be made and subscribed by his Majesty's Subjects, of all ranks, for two causes: One was, for defending the true Religion, as it was then reform, and is expressed in the Confession of Faith, above-written, and a former large Confession established by sundry acts of lawful General Assemblies, and of Parliament, unto which it hath relation set down in public Catechisms, and which had been for many years with a blessing from Heaven preached, and professed in this Kirk and kingdom, as GOD'S undoubted Truth, grounded only upon his written Word. The other cause was, for maintaining the King's Majesty, his Person, and Estate, the true worship of GOD, and the King's authority being so straight joined, as that they had the same friends, and common enemies, and did stand and fall together. And finally, being convinced in our minds, and confessing with our mouths that the present and succeeding generations in this Land, are bound to keep the foresaid Nationall Oath and Subscription inviolable, We Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons underscribing, considering divers times before, and especially at this time, the danger of the true reformed Religion, of the King's honour, and of the public peace of the Kingdom, by the manifold innovations and evils generally contained, and particularly mentioned in our late supplications, complaints, and protestations, do hereby profess, and before GOD, his Angels, and the world, solemnly declare, that with our whole hearts we agree and resolve all the days of our life constantly to adhere unto, & to defend the foresaid true religion, and (forbearing the practice of all novations, already introduced in the matters of the worship of GOD, or approbation of the corruptions of the public government of the Kirk or civil places and power of Kirkmen, till they be tried and allowed in free assemblies, and in Parliaments) to labour by all means lawful to recover the purity and liberty of the Gospel, as it was established and professed before the foresaid novations: And because after due examination, we plainly perceive, and undoubtedly believe, that the innovations and evils contained in our Supplications, Complaints, and Protestations have no warrant of the word of GOD, are contrary to the articles of the foresaid Confessions, to the intention and meaning of the blessed reformers of Religion in this Land, to the above-written acts of Parliament, and do sensibly tend to the re-establishing of the Popish religion and tyranny, and to the subversion and ruin of the true reformed religion, and of our liberties, laws and estates, We also declare that the foresaid confessions are to be interpreted, and aught to be understood of the foresaid novations and evils no less than if every one of them had been expressed in the foresaid confessions, and that we are obliged to detest and abhor them amongst other particular heads of Papistry abjured therein. And therefore from the knowledge and consciences of our duty to GOD, to our King and Country, without any worldly respect or inducement, so fare as humane infirmity will suffer, wishing a further measure of the grace of GOD for this effect; We promise, and swear by the Great Name of the Lord our GOD, to continue in the Profession and obedience of the foresaid Religion, That we shall defend the same and resist all these contrary errors and corruptions, according to our vocation, and to the uttermost of that power that GOD hath put in our hands, all the days of our life. And in like manner with the same heart, we declare before GOD and Men, that we have no intention nor desire to attempt any thing that may turn to the dishonour of GOD, or to the diminution of the King's greatness and authority: But on the contrary, we promise and swear, that we shall, to the uttermost of our power, with our means and lives, stand to the defence of our dread Sovereign the King's Majesty, his Person, and Authority, in the defence and preservation of the foresaid true Religion, Liberties and Laws of the Kingdom: As also to the mutual defence and assistance, every one of us of another, in the same cause of maintaining the true Religion, and his Majesty's authority, with our best counsel, our bodies, means, and whole power against all sorts of persons whatsoever; So that whatsoever shall be done to the least of us for that cause, shall be taken as done to us all in general, and to every one of us in particular. And that we shall neither directly nor indirectly suffer ourselves to be divided or withdrawn by whatsoever suggestion, allurement, or terror from this blessed and loyal Conjunction, nor shall cast in any let or impediment, that may stay or hinder any such resolution as by common consent shall be found to conduce for so good ends. But on the contrary, shall by all lawful means labour to further and promove the same. And if any such dangerous and divisive motion be made to us by word or writ, we, and every one of us, shall either suppress it, or, if need be, shall incontinent make the same known, that it may be timously obviated. Neither do we fear the foul aspersions of rebellion, combination, or what else our adversaries from their craft and malice would put upon us, seeing what we do is so well warranted, and ariseth from an unfeigned desire to maintain the true worship of God, the Majesty of our King, and peace of the Kingdom, for the common happiness of ourselves, and the posterity. And because we cannot look for a blessing from God upon our proceed, except with our profession and subscription we join such a life and conversation as beseemeth Christians, who have renewed their Covenant with God; We therefore faithfully promise, for ourselves, our followers, and all others under us, both in public, in our particular families, and personal carriage, to endeavour to keep ourselves within the bounds of Christian liberty, and to be good examples to others of all Godliness, Soberness, and Righteousness, and of every duty we own to God and Man. And that this our Union and Conjunction may be observed without violation, We call the living GOD, the Searcher of our Hearts, to witness, who knoweth this to be our sincere Desire, and unfeigned Resolution, as we shall answer to JESUS CHRIST, in the great Day, and under the pain of GOD'S everlasting wrath, and of infamy, and loss of all honour and respect in this World, Most humbly beseeching the Lord, to strengthen us by his holy Spirit for this end, and to bless our desires and proceed with a happy success, that Religion and Righteousness may flourish in the Land, to the glory of GOD, the honour of our King, and peace and comfort of us all. In witness whereof we have subscribed with our hands all the premises. The article of this Covenant, which was at the first subscription referred to the determination of the General Assembly being determined, And thereby the Five articles of Perth, The government of the Kirk by Bishops, The civil places and power of Kirkmen upon the reasons and grounds contained in the Acts of the General Assembly declared to be unlawful within this Kirk, We subscribe according to the determination foresaid. ACT VI ACT RESCISSORY. THE Estates of Parliament presently convened by his Majesty's special authority, Considering that the office of Bishops and Archbishops, and all other prelate's, the civil places and power of Kirkmen, as their voicing and riding in Parliament, are condemned by the Assemblies of this Kirk, And considering the several acts and complaints of this Kirk unto Parliaments from time to time against any persons, especially of prelate's their attempting to vote or do any thing in name of the Kirk, without either bearing Office in the Kirk, or having Commission from the Kirk, with her frequent supplications to the Parliament, for dissolving of all prelacies; Considering also the petition of the Commissioners of the late General Assembly, humbly craving the rescission of all Acts of Parliament, which grants to the Kirk or Kirkmen, of whatsoever sort allowed or disallowed, as representing her, or in her name, the privilege of riding & voting in parliament, as prejudicial to her liberties, and incompatible with her spiritual nature, declares that the sole & only power and jurisdiction within this Kirk, stands in the Kirk of God as it is now reform, and in the General, Provincial, Presbyterial Assemblies, with the Sessions of the Kirk, established by act of Parliament in June 1592. cap. 1140. which act the said's Estates now convened by his Majesty's special indiction, warrant and authority, revives and renews in the whole heads, points, and articles thereof (with this express declaration, that according to the last clause in the Act of the late General Assembly of the 17. of August, the necessity of occasional Assemblies be first remonstrate to his Majesty by humble supplication) to stand in full strength as a perpetual law in all time coming, notwithstanding of whatsoever acts & statutes made in the contrair thereof, in whole or in part, which the Estates convened, as said is, casses and annuls in all time coming, and declares, that it is and shall be lawful to the Presbyteries of this Kirk, to exact and receive from subjects of all qualities, their Oath of the Confession of Faith and Covenant, with the Subscription thereof, to examine Pedagogues of the sons of Noblemen, passing out of the Country, to give them Testimonials, according to former Acts of Parliament, to give and direct admonitions, private or public, to persons joined in marriage for adherence, to design manse and gleibs to ministers, to appoint stent-masters for reparation of Kirks and Kirk-yards, and for maintenance of the Masters of Schools, and to stint the parochioners, conform to the Act of parliament, to admit Ministers upon the presentations from the lawful Patrons, or Jure devoluto, which shall happen hereafter. Or unto Kirks which fall not under patronages suchlike and as freely as they did or might have done off before. And to do all and whatsoever things which before pertained to Presbyteries, and were usurped by the prelate's, And that notwithstanding of whatsoever acts or statutes made in the contrair in favours of Bishops, Archbishops, or other prelate's, which the Estates authorized in manner foresaid, casses and annuals. And specially the Estates foresaids casses and annuls the 23. Act 1597. anent the Kirk and special persons and prelate's voicing in Parliament, and representing the third Estate, the 2. Act 1606. anent the restitution of the state of Bishops, and their representing the third estate, the 8. Act 1607. anent the Chapter of S. Andrew's, the 6. Act. 1609. anent the Commissariats and jurisdiction given to Bishops and Archbishops, the first Act 1612. anent the ratification of the Acts of the pretended Assembly of Glasgow, 1610. the first and second Acts 1617. anent the election of Bishops and restitution of Chapters, without prejudice always to the Ministers, serving the cure of any emoluments allowed to them in part of their stipend, the first Act 1621. anent the ratification of the Articles of the pretended Assemby holden at Perth. And finally, the Estates foresaid, convened by authority, rescindes and annuls all and whatsoever Acts of Parliament, Laws, and Constitutions, in so far as they derogate, and are prejudicial to the spiritual nature, jurisdiction, discipline, and privileges of this Kirk, or of her General, Provincial, Presbyterial Assemblies, and Kirk-sessions, and so far as they are conceived in favours of Archbishops, Bishops, Abbots, Priors, and others, Prelates or Kirkmen whatsoever, their dignity, title, power, jurisdiction and estate in this Kirk and Kingdom, or in favours of the civil places and power of Kirkmen, of whatsoever sort allowed or dis-allowed, for their riding, sitting, and voicing in Parliament, either as Kirkmen, or the clergy, or in name of the Kirk, or as representing the Kirk, either in regard of their Ecclesiastic titles, offices, places, and dignities, or in regard of the temporality or spirituality of their Ecclesiastic benefices, or other pretext whatsoever, with all acts and constitution of convention, counsel, or session, or other Judicatory whatsoever, and all practices and customs whatsoever, introduced in favours of the said's offices, titles, benefices, or persons provided thereto; And declares all persons civil or ecclesiastical, censured, deprived, confined, or banished, by virtue of whatsoever acts, decreets, or sentences, given and pronounced by the saids Archbishops and Bishops, or others their colleagues and associates in their Ecclesiastical courts, holden by virtue of the acts foresaids, or any of them, or by virtue of the pretended high Commission, and all acts interponed thereto, against the persons foresaids, for not obedience of the foresaids Acts, or any of them which are now repealed, as said is, or for not acknowledging their said's courts; or for their pretended contumacy, and not compearance to answer before them, To be null, and of none avail, force, nor effect, and the foresaids persons to be restored and reponed against the same, such like as if the 'samine had never been given nor pronounced. ACT VII ACT FOR PLANTING OF KIRKES' Unprovided with Ministers through the Patron's default. THE Estates of Parliament presently convened by his Majesty's special authority, Considering the lamentable condition of a great number of Congregations, lying destitute of Ministers, since the assembly at Edinburgh, and before, by the negligence of Patrons and others, having interest, to the great prejudice of the Gospel, Therefore do require the Presbyteries, with consent of the Parochins, with all diligence to plant these vacant Kirks, which by the oversight of any Patrons whatsoever, have lain six months unprovided. And ordain the Lords of Session to give forth sentences and letters in the ordinary form, for payment of the former stipends of these Kirks, to such as the Presbyteries shall admit, or have already admitted to the office and cure of the ministry in these Kirks, with consent of the Parochins, as said is, while the 'samine former stipends of these Kirks be changed by the Laws of the Country. And it is always declared, that this admission, standing good for the present intrants their time, is and shallbe without prejudice to the right of patronage belonging to his Majesty, or to any other Kirk-patron whatsoever whensoever their Kirks shall fall to vaike. ACT VIII. ACT ANENT ADMISSION OF Ministers to Kirks which belonged to Bishoprics. THE Estates of Parliament presently convened by his Majesty's special authority, Considering that the right of patronage and power of presenting of Ministers to divers Kirks within this Realm, have been acclaimed and possessed by the sometime pretended Bishops and Archbishops within this Kingdom, by virtue of the 2. Act of Parliament 1606. anent the restitution of the estate of Bishops, or by some other right, or pretence of right, to the very great grief and prejudice of this Kirk, her just liberty and possession since the Reformation, by Superintendents, and the Commissioners of the Kirk before the erection of Presbyteries. And since by Presbyteries themselves, who have been respective in possession, for providing and planting of all Kirks within this Kingdom, belonging to the Bishoprics, And that even since their annexation 1587. upon the suit and calling of the Congregations and parochs, where the Ministers were to serve in the function of the Ministry, which is most evident by the 7. act of the 1. Parliament of our dearest father, in the year 1567. and by the assignation to Ministers of stipends, out of the thirds of benefices, and letters of horning constantly used to be direct by deliverance of the Lords of Session upon the provisions and admissions of Ministers to the said's stipends out of the thirds of benefices by Superintendents, Commissioners of the Kirk and Presbyteries respectiuè without any presentation at all, both before and since the act of annexation 1587. whereby the Ministers so provided and admitted did brook and enjoy the fruits and rents assigned, and their stipends during their life time, and many of them yet living do still brook and enjoy the same. And suchlike, the foresaid privilege and the right of the Kirk is evident by divers Acts of her General Assemblies made thereanent, and by her frequent grievances against the usurpation of Prelates and others, upon her said right and possession, and especially by her protestation against the foresaid two Acts of Parliament of King james the 6. his Majesties Umwhile dearest father, holden in the year 1606. whereby the Prelates pretended right of patronages, and advocations of Kirks, and defrauded the Kirk thereof. And now seeing the said Act of that Parliament in the year 1606. is rescinded, cassed, and annulled in this present Parliament, and it is most reasonable, that the Kirk be restored now after the abolition of the Estate of Bishops, to the wont rights, privileges and liberties which she had, and was in possession of before the restitution of Bishops; Therefore the said's Estates of Parliament convened, as said is, decernes, statutes and ordains, that according to the said 7. Act of the first Parliament of the King's Majesties Umwhile dearest father, the full power of providing of all Ministers to Kirks, which the said's pretended Bishops have been in use to provide, since the said Act of their restitution 1606. shall hereafter belong and appertain to the Kirk: and that in all time coming, Presbyteries (who are now in place of Superintendents and Commissioners of the Kirk) within their several jurisdictions, shall provide and admit Ministers to all these vacand Kirks, which before were acclaimed by the foresaids' Bishops, by the said Act of restitution 1606. to the fruits and stipends thereof, but prejudice always to any patronages of Kirks, which belong either to the King's Majesty, or to any Laic patron, or to any Nobleman, Baron, or Burgess right and possession before these late troubles, and but prejudice of the interest of the parochs, according to the Acts and practice of the Kirk since the Reformation: And declares that the said provision and admission with collation and institution following thereupon, shall be a sufficient right and title for the Intrant to possess and enjoy the whole fruits, rents and stipends whatsoever belonging to the Kirk, and to the Ministers serving the cure thereat. And ordains the Lords of Session, and all other Judges competent, to give out decreets and sentences, letters conform, horning, and inhibition, and all other executorialls upon the said provision and admission of Ministers by Presbyteries, collation and institution following thereupon, suchlike as they are in use to do upon collation and institution, following upon presentations from lawful patrons. ACT IX. ACT DISCHARGING THE GOING OF Salt-pans and Mylnes upon the Sabbath day. FOrsamekle as the Estates of Parliament presently convened by His Majesty's special authority, Considering that GOD'S public worship upon the Sabbath day is hindered, and the Sabbath day profaned by the going of Mylnes and Salt-pans upon the Sunday; For remeed hereof, the Estates of Parliament presently convened by his Majesty's special authority, discharges and prohibits all Salt-pans and Mylnes within this Kingdom, from all going, grinding, making of Salt, or any ways working upon the Sunday in any time hereafter: And ordains the Salters, Millers, and other servants in the saids Mylnes and Salt-pans, to attend GOD'S public worship every Sunday hereafter, under the pains and censures contained in the Acts of the Assembly, or other Kirk-Acts set down hereanent. To the which Acts, the said's Estates of Parliament interpones the civil sanction and authority of Parliament for the better execution thereof. ACT X. ACT DISCHARGING SALMOND-fishing on Sunday. THe Estates of Parliament presently convened by his Majesty's special authority, Considering the great abuse and profanation of the Sabbath day, occasioned by the fishing of Salmond upon that day, whereby many people are withheld from divine exercise, & are employed in the ordinary works of their calling, or other ways have opportunity to misspend their time in unlawful actions, contrary to the Law of GOD, and Acts of this reformed Kirk: Therefore, for remeed thereof in all time coming, inhibites and discharges all manner of Salmond-fishing upon the Sabbath day, under the pain to the contraveeners, to be punished as breakers of the Sabbath day, by the confiscation of the nets and fish to the behoof of the poor. ACT XI. ACT AGAINST PAPISTS. THE Estates of Parliament now presently convened by his Majesty's special authority, ratifies and approves all and whatsoever acts and statutes of Parliament, Convention, or Secret Council, made against Papists, against sayers and hearers of Mass, and against Jesuits, Seminary Priests, and against excommunicate persons for papistry, or for resetting of Jesuits and excommunicate Papists, and against the resetters of the foresaids persons, or any of them, in the whole heads and articles thereof; And specially but prejudice of the generality foresaid, ratifies and approves the Act of Parliament made by his Majesty's Father of blessed memory, Parl. 13. cap. 164. and Parl. 14. cap. 193.194. and the Act made Parl. 20. cap. 5. in the whole heads and articles thereof; And declares, that witting and wilful resetting of the persons foresaids, shall be understood to be committed by these, who (after lawful intimation to be made at the head Burgh of the Shire where they dwell and make their residence for the most part, and at the market Cross of Edinburgh, of the names of the Jesuits, Seminary Priests, and excommunicate persons for the causes foresaid) resets the persons foresaids by the space of three nights together, or three nights at several times (which is the manner of intimation prescribed by the said 13. Parl. cap. 164. and by the said Parl. 20. cap. 59 and that the persons resetters in manner foresaid, shall be liable to the pain and punishment contained in the said Acts, without farther verifying of their notice and knowledge except the intimation foresaid. And also declares, that the said's Acts of Parliament ratified, as said is, shall comprehend not only men, but women of all quality, and that they and their resetters shall be liable to the pains therein contained. And such like, the Estates ratifies and approves the act of Parliament made by his Majesty's Father, Parl. 16. Cap. 17. entitled Act anent non-Communicants, and ordains every person non-communicant, to be liable to the pains therein contained. And wills and ordains all Ministers within their Parochins, and all Presbyters within their Presbyteries to take trial and cognition of the premises, and that as fully as the Bishops or Archbishops might have done by the foresaids' acts or any of them; And abrogates the saids acts in so far as any power is thereby granted to the said Archbishops and Bishops anent the premises. ACT XII. ACT DISCHARGING THE ZULE VAcance, and appointing the Session to sit down the first of November, and rise the last of February; and thereafter to sit down the first of June, and rise the last of July yearly. THE Estates of Parliament presently convened by his Majesty's special authority, Understanding that the Kirke within this Kingdom, is now purged of all superstitious observation of days; And herewith also considering that the keeping of the Zule vacance hath not only relation to that superstition, and may serve to keep the famine in memory, but also that the keeping of the said Zule vacance, hath interrupted the course of Justice in this Kingdom, to the hindrance & heavy prejudice of the liege's thereof. Therefore the said's estates have discharged, and simply discharges the foresaid Zule vacance, and all observation thereof in time coming, and rescindes and annuls all acts, statutes, warrants and ordinances whatsoever, granted at any time heretofore, for keeping of the said Zule vacance, with all custom of observation thereof, And finds and declares the famine to be extinct, void, and of no force nor effect in time coming. And ordains the Court and Session of the College of Justice, and Senators and members thereof, to convene and sit for the administration of Justice, without any interruption by the foresaid Zule vacance, from the first day of November to the last day of February thereafter inclusive yearly. And ordains the saids Senators and remanent members of the College of Justice, to rise the said last day of February, and to convene, and sit down again for administration of Justice to the Liege's, the first day of June yearly, and to rise the last day of July next thereafter inclusive. And also ordains the whole remanent Judges of inferior Courts within the Kingdom, to proceed in the administration of Justice within their several jurisdictions, without any respect to the said Zule vacance, and without any interruption or vacation by the same Zule vacance, notwithstanding of any bygone custom of observation of the said Zule vacance, seeing the famine is now discharged in manner foresaid. ACT XIII. ACT DISCHARGING THE MONDAY Market in Edinburgh, Jedburgh, Drumfreis, Brechin, and Glasgow. FOrsameekle as the Estates of Parliament presently convened by his Majesty's special authority, are informed and understand, that travelling upon the Sunday, and the profanation of that day is greatly occasioned by the Markets holden weekly upon the Monday in Edinburgh, Jedburgh, Drumfreis, Brechin, and Glasgow, and that the Liege's resorting from the Country to the said's Markets upon the Monday, are distracted from God's public worship and service upon the Sunday, and are constrained to travel all the Sunday, for keeping of the Monday Markets respective foresaids; For remeed whereof, the said's Estates of Parliament have discharged, and simply discharges all Markets upon Monday, to be any ways keeped in the burgh's of Jedburgh, Drumfreis, and Brechin in time coming. And appoints, changes and ordains the famine Markets which were in time bygone keeped and holden weekly upon the Monday in the said's burgh's of Jedburgh, Drumfreis, and Brechin, to be hereafter keeped and holden in Jedburgh weekly upon Tuesday, and in Drumfreis and Brechin weekly upon Wednesday. And also the said's Estates of Parliament foresaids, discharges all Markets within the Burgh of Glasgow, to be keeped or holden hereafter upon the Monday, or selling, buying, and making Market of Horses, and other quick bestial, Meal brought to Glasgow Market upon Monday from Burrows-townes, as Stirling, Falkirk, and other remote places, where men may not come from their own houses in the morning to the hour of the Market with their said's Commodities. Item, the Beere-Market, and all craftsmen's work brought to be sold in Market, aswel by free as unfree persons. Item, all Market for Salt, brought from the Salt-pans upon Forth, the Market for salt Butter, keeping Cheese, and Timber of all sorts, which is brought up the river of Clide to the town of Glasgow, And ordains and appoints the Market for the particular goods foresaids, to be keeped hereafter weekly within the Burgh of Glasgow upon the Wednesday. And in like manner, the said's Estates of Parliament, discharges all Market to be keeped and holden hereafter within the Burgh of Edinburgh upon the Monday, for Wool, Butter, Cheese, Skins, Hides, Shoes. And generally discharges all markets in Edinburgh upon Monday of all unfree-mens' work, brought in to be sold in Edinburgh upon the Monday in any time hereafter, but ordains and appoints the market of these goods and merchandise particularly and generally before rehearsed, to be kept and holden weekly upon the Wednesday within the said Burgh of Edinburgh in time coming, in the same manner, and as freely in all respects, as the market thereof hath been kept on the Monday in times bygone. And therefore ordains the Liege's to keep and attend the saids market days respective before rehearsed, as the 'samine are now appointed to be kept within the burgh's of Edinburgh, Glasgow, Jedburgh, Drumfreis, and Brechin, and to resort and repair thereto weekly as they shall have occasion, suchlike and in the same manner as they were in use to repair to the Monday markets within the said's Burghes before the discharging thereof: And also ordains the Magistrates of the said's Burghes, to see the markets kept and holden in their said's burgh's, upon the days hereby appointed, and that no markets be kept upon the mondays for the goods hereby discharged in time coming. And last, the said's Estates of Parliament discharges and prohibits all markets and trysts to be kept hereafter upon Sunday throughout all this kingdom, and discharges all the Liege's from all keeping thereof upon Sunday hereafter, and ordains this Act to stand in full force as a law while the next assembly, that the inconveniences redounding hereby to the Liege's, being represented to that Assembly, the Assembly may consider thereof, and as they find the same sufficient, they may supplicate the next ensuing Parliament, to rescind this Act in whole, or in part, as after trial it shall be found hurtful to the Liege's. ACT XIV. ACT FOR TAKING ORDER WITH THE Abuses committed on the Sunday by the confluence of people for hiring of shearers on Sunday. FOrsamekle as the profanation of the Sunday is greatly occasioned in the time of harvest by the great confluence of people to public places; as ports, or streets of towns, and paroch Kirkes' of Landward every Sunday, from morning to preaching time, for hiring shearers the week following, whereof there ariseth also sundry tumults, disorders, swearing, drinking, and often fight, on the Sabbath day; For remeed hereof the Estates of Parliament presently convened by his Majesty's special authority refers and remits the 'samine to be taken order with, to the Justices of peace, and Kirk Sessions, where the abuse shall be committed hereafter by the coufluence of the said people and hiring of the said's shearers upon the Sunday, as said is, as the said's Justices of peace and Kirk Sessions shall find the said's abuses then to be committed, to deserve. ACT XV. FOR DIRECTING LETTERS OF HORNING And Caption by the Lords of Session against the excommunicate Prelates, and all other excommunicate persons. THe Estates of Parliament convened by his Majesty's special authority, Considering the necessity of reviving and putting in execution the 53. Act of the third Parliament of King james the sixth, Anent Letters of horning and caption to follow upon excommunication of the Kirk after forty days, Renews and revives the said Act of Parliament, and ordains the Lords of Session to grant Letters and other Executorials against the excommunicate Prelates, and all other excommunicate persons. ACT XVI ANENT THE LARGE DECLARATION, Or, MANIFESTO. THe Estates of Parliament convened by his Majesty's special Authority, Considering that the supplication of the late general Assembly to his Majesty's Commissioner, against a book called, A large Declaration, as followeth, was presented unto Us by the Commissioners of the Kirk, and recommended to his Majesty's Commissioner, for obtaining from his Majesty's Justice and Goodness the desire thereof: And as the said Book was examined by the appointment of the Assembly, and found to be dishonourable to God and his true Religion, to this Kirk and Kingdom, to the King's Majesty, and to the Marquis of Hammiltoun then his Majesty's Commissioner, and divers others persons therein, and to be full of lies, in averring known untruths, in wilful concealing and perverting many truths, in wresting of intentions, words, and actions, as is particularly contained in the censure of the book, registrate in the Registers of Assembly: So they having reexamined the same, declares their judgement to be the same there-anent: And therefore ordains the Authors and Spreaders thereof to be most severely punished according to the Laws of this Kingdom, against liesing-makers betwixt the King's Majesty and his Subjects, slanderers of the King and Kingdom, and raisers of sedition and discord betwixt them, that all others may be deterred from such dangerous courses, God's honour may be vindicate, the innocence of this Kirk and Kingdom, and his Majesty's Justice and goodness may appear, not only in censuring such Malefactors, but in discouraging all such underminers of his Majesty's Throne, and abusers of his Royal Name, by prefixing the same to such scandalous and dishonourable Treatises. ACT XVII STATUTARIE APPOINTING PARLIAments to be holden once every three year. THe Estates of Parliament presently convened by his Majesty's special Authority; Considering that by reason of his Majesty's ordinary residence forth of this his ancient and native Kingdom, the grievances and complaints of his good Subjects cannot have so free and easy access to his Majesty's ears, as the same may be conveniently represented to his Majesty's Commissioners, and the Estates of Parliament from time to time, and how necessary it is that frequent Parliaments be keeped within this Kingdom for preservation of the purity of the true Religion now by God's providence established within the same, and for the equal and impartial administration of Justice to all his Majesty's Subjects, and maintaining of peace and concord amongst them, by applying of the true and lawful remedies to their grievances and complaints, and timous suppressing of all abuses and corruptions, which otherways from small beginnings will grow to great disorders, (which frequent Parliaments were continually observed in this Kingdom before his Majesty's Father, of happy memory, went into England;) Have statute and ordained that every three year, once at least a full and free Parliament shall be holden (and oftener as his Majesty shall be pleased to call them) within the bounds of this Kingdom, in the most commodious place and convenient time to be thought upon, appointed and affixed by his Majesty or his Commissioner for the time, and the Estates of Parliament, before the ending and closing of every Parliament, and to be the last Act thereof. And the whole Estates wisheth, that as it was their happiness to have his Majesty's presence at all Parliaments, while the King had his residence in this Kingdom, so that his Majesty would be pleased to be present at each Parliament, and they humbly supplicate his Majesty for that effect. ACT XVIII. ANENT THE KEEPERS OF THE CASTLES Of Edinburgh, Striveling, and Dumbartane. THe Estates of Parliament presently convened by his Majesty's special Authority; Considering that the commandment of the Castle of Edinburgh, wherein the most part of the public Registers and Records, and the Honours of the Kingdom are keeped; and siclike the commandment of the Castle of Striviling and Dumbartane, being a charge of great weight and importance, concerning as well the King's Majesty's honour and safety, as the security and safety of this whole Kingdom, ought not to be committed but to such persons, as are known and approved by the whole course of their life, to be true and faithful Subjects to his Majesty, and trusty and well affected Countrymen, loving, and tendering the peace, prosperity, and good of this whole Kingdom, and the preservation and advancement of the true reformed Religion, now therein by God's providence established and professed, and entertaining of Unity betwixt the King and his good Subjects: Have therefore statute and ordained, and hereby statutes and ordains that the custody and keeping of the said's Castles shall be only entrusted to such persons as are natives, borne and bred within this Kingdom, known and esteemed to be of the quality foresaid, without exception, and who before their entry and admission to whatsoever charge, place, or service within the said Castles, or any of them, either as Captains, Constables, Commanders, Soldiers, or Servants within the same, shall be bound and oblisht by a solemn oath to be given and made by them, and every one of them, to make faith that they shall faithfully employ whatsoever power, charge, or service committed, or that shall be committed to them within the said's Castles, or any of them, so far as they can, or in them lies, to the King's Majesty's honour and safety, to the peace, safety, good, and prosperity of this Kingdom, and commonwealth, and to the preservation and advancement of the true reformed Religion therein presently established and professed, as they will answer to God: Like as incase it shall happen any of the persons foresaids, to do or attempt any thing contrary to the premises, or any part thereof; It is statute and declared that they shall be punished with all rigour, as Traitors and common enemies to the King and Country: And farther, That the Captains and Commanders of the said's Castles, shall be chosen by his Majesty from time to time by advice of the Estates of Parliament, and that such as shall happen to be placed therein betwixt Parliaments, shall be first tried and found by his Majesty's Council to be of the quality above-exprest, and shall have the charge thereof only, to the next ensuing Parliament, by the which they shall of new be tried and allowed, or otherwise his Majesty shall place others therein by the advice of the Estates, as said is: Always without prejudice of the Earl of Mar his heritable right of the keeping of the Castle of Striviling. ACT XIX. ANENT PRODUCTION OF THE REGIsters and Records of Parliament to the first Session of each Parliament. THe Estates of Parliament now presently convened by his Majesty's special Authority, Considering that for the better clearing and resolving of all doubts and difficulties, which may arise in Parliaments, anent such matters as shall be brought in before them, It is very that they have inspection of the Books, Registers, and Records of Parliaments, as they shall have occasion to make use thereof; Have statute and ordained that in all times coming the Clerk of Register and his Deputes, and such others, who for the time shall happen to have the charge, keeping, or power of any of the said's Registers or Records, shall be holden to exhibit and produce the same, as they shall be required by the Estates in time of Parliament, that they may have the use and inspection thereof upon all occasions, as they shall think expedient for clearing of whatsoever difficulties: And siclike that the Clerk of Register, or some having power from him, and entrusted with the keeping of the Registers, shall be present at all times, and shall be ready to give extracts to the Liege's in their particular affairs, upon their reasonable charges, and expenses, and both these under the pain of deprivation of the party contraveening any of the said's members of the Acts, or to be otherways more mildly or severely punished, as the Parliament shall find the fault to demerit. ACT XX. DISCHARGING ALL PROXIES TO BE Admitted in Parliament, and that no foreign Nobleman shall have place and voice in Parliament, unless they have ten thousand merkes of land- rent within the Kingdom. THe Estates of Parliament presently convened by his Majesty's special Authority, Considering how fare the dignity, honour▪ and authority of the high and supreme Court of Parliament, which is the great Council of this Kingdom, hath been and is yet likely to be farther diminished & weakened by two reasons, one is, the giving of power of voicing and reasoning to Proxies and Procurators in absence of such as are als much tied to give their personal judgement, as their personal presence, and hath all these honours, riding, sitting, reasoning, and voicing in Parliament, only onferred on them and their Successors personally; so that it is as absurd that they should give power to any, to reason or voice for them, as to give any power to ride and to sit in their place of honour, and dignity: And it might tend to the weakening and utter overthrow of Parliaments: For thus the absence of the most part of the best qualified, and experienced might be supplied by Proxies granted to a few, and of less abilities. The other is, the granting to strangers, having titles of honour conferred on them without any other interest in this Kingdom, power of sitting, riding, reasoning, consulting, and voicing in this Court of Parliament, whereas none should be members of this Court but such as have interest by Birth, Blood, or Inheritance within this Kingdom, and so may be sensible of the prejudice or advantage following the laws and constitutions thereof: Therefore the said's Estates statutes & ordains, that hereafter all Noblemen, viz. Dukes, Marquesses, Earls, Viscount's, and Lords, shall give their personal presence in all Parliaments, & so being personally present, reason, and advise, & voice, and no ways by proxies or procurators: but dischargeth any such procurator and commissions in all time coming: and that no persons shall hereafter have any place or voice in Parliament, as said is, but such Noblemen before specified; and Commissioners from Shires and Burrows, as have interest, either by Birth, Blood, or by Inheritance within this Kingdom, and that proportional to the honour and dignity they carry, which in the least proportion for every Nobleman must be ten thousand marks by year of land rend. And that notwithstanding any gifts or patents granted, or to be granted to any person whatsoever. Suchlike the estates foresaid, casses and annuls all acts and constitutions any ways derogatory to this present Act or any part thereof. ACT XXI. ACT DISCHARGING THE GRANTING Of Protections by the Lords of Council and Exchequer. FOrsameekle as the Estates of Parliament presently convened by his Majesty's special Authority, Considering the great prejudice and hurt sustained by his Majesty's Highness liege's, by the frequent granting of Protections and Supersederes, and remembering herewithal, that his Highness' Umwhile dearest Father of worthy memory, by the 47. Act of his eleventh Parliament, anno 1587. entitled, All Supersederes, as contrair to the furtherance of justice, are forbidden: Of the which Act the tenor followeth. Forsameekle as our Sovereign Lord, and the Estates of this present Parliament, understanding great contempt to be done to his Highness' Laws, and great hurt to his liege's, by passing of Licences and Supersederes, which daily uses to be granted to such as either by themselves, or other friends, have credit of his Majesty, they being at his Highness' Horn, either for causes of Treason, or not satisfying of their debts to their creditors, for not obtempering decreets and charges, Therefore our Sovereign Lord with advice foresaid, statutes and ordains, that no such Licences and Supersederes be granted in any time coming. And in case any happens to be purchased, declares the same to be null of the Law, and not admissable by any Judge, nor effectual to the purchaser in any ways, And ordains all Judges within this Realm, to proceed and do justice to all parties, suchlike and in the same manner, as if the said's Supersederes had never been purchased nor produced. And also by the 13. Act of his 23. Parliament, in anno 1621., entitled, Anent the discharging of Protections: Of the which Act also the tenor follows. Our Sovereign Lord and Estates of Parliament understanding that there may sundry Protections be sought by bankrupts and others, who are adebted in great sums of money, whereby the execution due unto the creditors by the Laws of the Country against the debtor may be frustrate, to the great damage of the creditor. FOR REMEED whereof it is statute and ordained, that hereafter the Lords of Session shall grant no Protection from any execution due and competent against any man of the Law. And declares, that if any shall be hereafter granted, the granter of the same shall be subject and liable of the Law for the sum from the which he hath granted Protection. And the said's Estates of Parliament foresaid, being careful that the prejudices and evils incurred and sustained by his Highness' Liege's, by the granting of the said's Protections, be helped and remeeded, Have therefore renewed, ratified, and approven, and by these presents renews, ratifies and approves the foresaids two particular Acts of Parliament above mentioned, in the whole heads and clauses thereof before rehearsed, conform to the tenor of the 'samine, which are insert hereintill ad longum, ut supra. And ordains the saids Acts, and every one of them to have the strength of a Law, with full force and execution, conform to the tenor thereof in all time coming, with this addition, That the certification of the foresaid last Act made in anno 1621. against the Lords of Session, shall also be extended against the Lords of Secret Council and Exchequer; AND THEREFORE of Estates of this present Parliament statutes and ordains, that hereafter the Lords of Privy Council, Session, or Exchequer, shall grant no protection from any Execution, due and competent against any man of the Law, and declares, that if any shall be hereafter granted, the granter of the same shall be subject and liable of the Law to the Creditor for the sum, from the which he hath granted protection. And ordains all Sheriffs, Stewarts, Bailiffs of Regalities, Provests and Bailiffs of Burrows, and other Officiars of Justice in all time coming, to proceed in discharge of their duty and execution of the command of our Sovereign Lords Letters, notwithstanding of any Protection or Supersedere. ACT XXII. ACT ANENT THE EXCHEQUER, DECLARING The famine to be only Judges to matters concerning the managing of the King's Rents and Casualties. THe Estates of Parliament now presently convened by his Majesty's special authority, for the explanation of the 18. Act of the late Parliament holden at Edinburgh, in the month of June 1633. year, entitled, Anent the Exchequer, Finds, declares, statutes, and ordains, that the validity or invalidity of Infeftments of his Highness' property, or of any other Infeftments, may not be discussed nor decided in Exchequer, neither by way of Action, Exception, or Reply, but that the discussing and decision thereof, is only proper to the Lords of Session. It is added, that the Exchequer are only Judges to matters concerning the managing of the King's Rents and Casualties. ACT XXIII. IN FAVOURS OF THESE WHO HELD their lands of Archbishops, Bishops, or of their Chapters. THe Estates of Parliament presently convened by his Majesty's special Authority; considering that the Offices of Archbishops, Bishops, Archdeanes, Deans, and others the members of their Chapters are now abolished out of this Kirke and Kingdom: And herewith also taking to their consideration that there is sundry Noblemen; Gentlemen, and others within this Realm, who held their lands of the said's Archbishops, Bishops, Archdeanes, Deans, and others, members of Chapters (who are now abolished forth of this Kirke and Kingdom, as said is) for payment of certain yearly few duties, and fulfilling of certain clauses irritant, and performing of other conditions contained in their Infeftments, Takes, and Rights: And who not knowing to whom they shall now pay their said's duties, and fulfil the other conditions of their Infeftments and Rights, may be prejudged by incurring of the failyie, and danger of the clause irritant of their said's Rights for not payment of their few and other duties therein specified: And by the incurring of the certification contained in the Acts of Parliament set down anent the payment by Vassals of their few duties to their Superiors: The said's Estates for remeed hereof, and for eschewing of the prejudice and danger that may come hereby, Finds and declares, that these Noblemen, Gentlemen, and others who by their Infeftments, Takes, and Rights, are adebted in payment of few and Take duties, or oblisht in fulfilling of any other conditions to the said's Archbishops, Bishops, Archdeanes, Deans, or other beneficed persons, members of their Chapters now abolished, as said is, are not, and shall not be in mora, for not payment of their said's duties, and not fulfilling of the other conditions of their Rights: And that the clause irritant of their Infestments, Takes, and other Rights shall not run against them; Nor yet the certification of the said's Acts of Parliament militat against them, for not payment of their said's duties, and not fulfilling of the other clause of the Rights during the interval of time, betwixt the first day of April 1638. years, and sensyne, and in time coming, while order be taken by the Estates of Parliament, anent the way and manner of payment of the foresaids few and other duties for the says Noblemen, Gentlemen, and others foresaids, their security for the payment thereof, and while the same order so to be taken by the Estates hereanent, be publicly notified to all the Liege's, notwithstanding of any clause irritant, contained in the foresaids' Infeftments and Rights: And notwithstanding of the certification of the Acts of Parliament set down against these who pays not their few duties to their Superiors. ACT XXIIII. ANENT VASSALS OF ERECTIONS, THAT They be not subject in double payment, nor the superiors defrauded of their few duties. THE Estates of Parliament convened by his Majesty's special Authority: Considering that whereas by the general surrender of Kirke lands and erections, made by the Superiors and Titulars thereof, in favours of the King's Majesty: 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 Fewars of the said Kirk lands and erections, till the King's Majesty make payment to them of the prices of the said Few-firmes, and duties modified by the Lords, and others of the Commission for surrenders and teinds. And siclike the Fewars and Vassals of the said Kirk lands and erections, are obliged by their new infeftments under the great Seal, to pay the said's Few-fermes and duties to the King's Majesty and His Successors: And so are liable to double payment thereof, without remeed be provided. It is therefore statute and ordained by the saids Estates, that the said's Fewars and Vassals of Kirke lands and erections, their heirs and successors, shall be obliged to make thankful payment of the said's Few-fermes, and duties, and services used and wont, contained in their Infeftments and whereof the said's Superiors and Titulars have been in possession preceding that surrender foresaid to the saids Superiors and Titulars, their heirs and successors, aye and while they get payment of the prices modified by the saids Lords, and others of the Commission foresaid: And that Letters of horning and poinding shall be granted to that effect, without prejudice 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: Like as it is declared, that the said's Fewars and Vassals of Kirke lands and erections, have been in bona fide in payment of the said's Few-fermes and duties to the saids Superiors and Titulars of all terms bygone, according to the provision contained in the said general surrender. ACT XXV. APPOINTING ALL GRIEVANCES TO Be given in plain Parliament. THE Estates of Parliament presently convened by his Majesty's special Authority, considering that the Act of Parliament made in Anno 1594. in the 14. Parliament of King James the 6. cap 218. whereby all matters and grievances to be given in to Parliament, are appointed to be given to his Majesty's Clerk of Register, and by him presented to the Estates, Hath bred great hurt, and prejudice to the liberties, and freedom of this Kirke and Kingdom, and Subjects thereof in time bygone, as is evident by experience of the evils that hath flowed therefrom. Therefore, the said's Estates for remeed hereof, retreats, rescinds, casses, and annuls the foresaid Act of Parliament, and declares the same to be null and of none avail, force, nor effect in all time coming: And ordains and appoints all grievances, and other matters that are to be handled and treated of in Parliament hereafter, to be given in, and presented in open and plain Parliament in all time coming. ACT XXVI. FOR SUPPRESSING THE DISTINCTION Of spiritual and temporal Lords of Session. THe Estates of Parliament presently convened by his Majesty's special Authority, casses, annuls, and rescinds that Article of the first Act of the fifth Parliament holden by King James of fifth, of worthy memory, Anent the institution of the College of Justice, bearing, That the Lords of Council and Session shall be chosen half spiritual, half temporal: And decernes and ordains the whole number to be temporal and none of them spiritual: And the foresaid distinction of spiritual and temporal to be suppressed and forgotten in all time coming. ACT XXVII. ACT AGAINST LIESING-MAKERS OF Whatsoever quality, office, place, or dignity. THe Estates of Parliament presently convened by his Majesty's special Authority, Considering the Honour, Dignity and Authority of the supreme Court of Parliament, over the Council and Session, and all other civil Judicatories of this Kingdom, which have their original, their power and antiquity from the King's Majesty and the Estates of Parliament, is subordinate thereunto, and aught to be countable and censurable by them, for their abusing of their power, to the prejudice of the Country: For the weal whereof they were established, according to the twelfth Act of the second Parliament of King James 4. wherein the King's Council was sworn in presence of the three Estates, to give his Highness a true and effauld Counsel, in all matters, concerning his Majesty, and his Realm; And to be responsal and accusable to the King and his Estates of their Counsel, Considering also, that during his Majesty's absence forth of this Kingdom, it is most for the public peace of this Kingdom, and his Majesty's honour, that all misinformers, raisers, and entertainers of jealousies, suspicions, and divisions betwixt the King, this Kirke and Kingdom, should be severely punished, and especially all bad Counsellors, who in stead of giving his Majesty a true and effauld Counsel, hath given, or will give information and counsel to the evident prejudice and ruin of the liberties of this Kirk and Kingdom, should be exemplarly judged and censured by the King's Majesty and the Estates of Parliament. Therefore they renew and revive all Acts of Parliament made against liesing makers, raisers and entertainers of jealousies, contentions, and divisions betwixt the King's Majesty and this Kirk and Kingdom. And declares that no dignity, quality, place, or office whatsoever shall exeme these or any person whatsoever from the censure of the said Acts. ACT XXVIII. ANNULLING ALL UNLAWFUL AND Unjust Proclamations made under the pain of treason, against the disobeyers. FOrsomuch as the Estates of Parliament presently convened by his Majesty's special authority, having taken to their consideration, that there hath been divers unjust and unlawful Proclamations made, commanding the obedience of things unjust and unlawful, (tending to the overthrow and prejudice of the laws and liberties of Kirke and Kingdom) under the pain of treason; As also declaring the disobeyers of these unlawful and unjust proclamations to be rebels and traitors, which is against law, equity, and reason, no trial nor declaratour of treason having proceeded against them of before: Finds and declares all these proclamations, with the pretended Acts and warrants for making and proclaiming thereof, to be null and of none avail, force, nor effect, with all that hath followed or may follow thereupon: And therefore the said's Estates of Parliament casses and annuls the foresaids pretended proclamations, with all the said Acts and warrants whereupon the same proceeded: And finds and declares that no person nor persons can be declared traitors, but either by the Parliament itself, and by Act and Sentence thereof, or then by the lawful ordinar Judge, after trial, And finding that the said's persons hath contraveened, a law and Act of Parliament made under the pain of treason against the disobeyers and contraveenars thereof. ACT XXIX. EXPLAINING THE PRECEDING ACTS Of Parliament made against Bands and Conventions amongst the Subjects, as also declaring the Bands and Conventions made and kept since the beginning of the present troubles, to be legal and lawful. TOrsomuch as the Estates of Parliament presently convened by his Majesty's special Authority, Considering that by the twelfth Act of the tenth Parliament of the King's Majesties umwhile dearest Father, of eternal memory, All Leagues and Bands amongst the Subjects are discharged, and by the 131. Act of the eighth Parliament of the Kings umwhile dearest Father, All Counsels, Conventions or Assemblies without the King's command or licence, are also discharged, under the pains ordained by the Acts of Parliament, against such as unlawfully convocates the King's Liege's: And that also by sundry other preceding Statutes and Acts of Parliament made by his Majesty's most noble Progenitors, the foresaid Leagues, Bands, Counsels, Conventions, and Meetings, are likewise discharged. And herewith also the said Estates, taking to their consideration what was the true end and meaning for making of the foresaid Acts, & how fare the same in equity and reason can be extended, finds and declares that the foresaid Acts and Laws particularly and generally before expressed, is not, nor cannot be extended against any Bands, Leagues, Counsels, Conventions, Assemblies, Committees, or Meetings, made, holden, and kept by the Subjects, for maintenance and preservation of the King's Majesty, the Religion, Laws, and Liberties of the Kingdom, or for the public good, either of Kirk or State. But the said Estates finds and declares, that all these Bands, Conventions, Committees, and other meetings made and keeped by the Estates and Subjects of this Kingdom, for the public good of King, Kirke and State, and intended for the defence and preservation thereof since the beginning of these present troubles, are not prohibited nor discharged by the foresaids' Laws and Acts of Parliament, particularly and generally before rehearsed, nor none of them. And can no ways be understood, nor interpret to fall within the compass of the discharge and prohibition of the foresaids Acts, and doth no ways contraveene the same, nor none of them. And therefore the said's Estates ratifies, approves, and allows all the said's Bands, Conventions, Committees, and other Meetings, which are, and have been made and keeped within this Kingdom, for the defence and preservation of the King's Majesty, the Religion, Laws, and Liberties of this Kirke, and Kingdom, since the beginning of the present troubles thereof. And declares the same to be lawful and legal deeds, and that they do no ways contraveene the foresaids Acts of Parliament respective above mentioned, nor none of them, nor no other Law, nor constitution of this Kingdom. ACT XXX. ANENT THE WARD AND MARRIAGE OF These who shall happen to be killed in the defence of the Religion and Liberties of Kirke and Kingdom. THe Estates of Parliament presently convened by his Majesty's special Authority, Taking to their consideration the prejudice that may come to these Subjects, who holds their lands ward of the King's Majesty, or of any other Superior whatsoever, and shall happen to be killed in the defence and maintenance of the Religion, and of the Laws and Liberties of this Kingdom, during the time of the present troubles thereof, hath statute and ordained, and hereby statutes, ordains, and declares, that the profit and benefit of the ward marriage, none entresse, and relief falling by the decease of any of these who shall happen to be killed in manner and for the cause foresaid, with the whole commodity that can follow upon the same, shall only pertain, and freely be given and disponed to the heirs Relic and Bairnes, of these who shall happen so to be killed as follows, viz. Where the Relic and remanent Bairnes (by the heir) shall be found provided by the Defunct, Then in that case the whole benefit of the ward marriage, none entresse and relief shall solely belong to the heir. But where the Relic and remanent Bairnes (by the heir) be's not found provided, in that case the benefit of the marriage shall only pertain to the heir, and the profit, commodity, and benefit of the ward, none entresse, and relief shall be employed and used for the entertainment and maintenance of the Relic and Bairnes unprovided: And also for the entertainment of the heir, if he have no other means for maintenance: And what is overplus by the Relic and Bairnes, their entertainment foresaid, ordains the same superplus to be employed for the provision of the said remanent Bairnes, by the heir unprovided, as said is. Providing always, that the said's heirs, and other persons foresaids, to whom the benefit of the saids ward, marriage, none entresse, and relief is appointed to pertain in manner respective before rehearsed, Be's found not to have studden against the maintenance of Religion, laws and liberties of Kirke and Kingdom, contrair to the late Covenant, ratified in this present Parliament: And also the said's Estates finds and declares, that the King's Majesty, and all other Superiors whatsoever of the saids ward, holdings, shall be altogether secluded from the benefit of the foresaid ward, marriage, none entresse, and relief falling by decease of their Vassals, in manner, and for the cause before rehearsed. ACT XXXI. RATIFYING THE ACT OF THE LORDS Of Session, made for supplying of the absence of the Signet, and discharging the transporting thereof, or any other Seal in time coming THE Estates of Parliament presently convened by his Majesty's special Authority, Ratifies and approves the Act of the Lords of Council and Session made at Edinburgh the penult day of March, 1639. years, whereof the tenor follows: The which day the Lords of Council and Session, being petitioned by some of his Majesty's Liege's, to provide remeed against the prejudice sustained by them through the exportation of the Signet out of this Kingdom: And thereupon taking unto their consideration the many great inconveniences redounding to this Realm, and whole Liege's thereof: And manifestly ensuing by the transporting of the Signet, not only from the place of residence of the said's Lords, but out with the bounds of this Kingdom into England without any reason or example: Therefore after mature deliberation, they have statute and ordained, and for remeed of the said heavy prejudice, statutes and ordains, that all Summons, Letters, Charges, Suspensions, Signators, or other Writs whatsoever, which by the law and custom of this Realm useth to pass the said Signet, shall be presented to George Hadden, writer to the Signet, and the ordinary price due for the Signet, consigned in his hands, to be made forth coming to the Lord Secretary, and his keepers of the Signet in his name, Whereupon the said George Hadden shall mark the date of the said offer, beside the wax at the place customably, bearing the date of the Signet, and write thereupon these words (marked by me according to Act and Warrant of the Lords of Session, and ordained to be a Warrant for execution hereof, or passing through the Seals, albeit it be not signetted) which words he shall subscribe with his Sign and Subscription manual: Which Summons, Charges, Letters, Suspensions, Signators, or Writs whatsoever so dated, and subscribed by the said George Hadden, shall have the same effect in all respects, as if the Signet were affixed thereto: And the said's Lords declares, that the same shall be a sufficient warrant to all keepers of Seals and Registers, Messengers of Arms, Pursuivants, Heralds, or others persons whatsoever for passing of the said's writs through the Seals, execution of the saids Summons, Letters, Charges, and Suspensions, and doing all deeds incumbent to their office, such like and as amply and warrantably in all respects, as if the same had passed the Signet, and that aye and while the said Signet be returned again to Edinburgh, and the same intimate to the Liege's: The said George Hadden, always keeping and retaining the warrants, and making a minute and note thereof: And making the same, together with the prices paid therefore, forthcoming to the Lord Secretary, or others in his name by his warrant: And ordains these presents to be intimate to all his Majesty's Liege's, by public Proclamation at the market cross of Edinburgh to be made hereupon: And these presents for the full warrant of the whole premises, to be enacted and recorded in their books of Sederunt. Which Act, the said's Estates not only ratifies in manner above specified: but also ordains the said Act to stand in full force and strength, to the effect above-written, therein specified conform to the tenor thereof foresaid, while the _____ day of _____ 1600. and _____ year's. And strictly inhibits and discharges all keepers of the Signet in any time hereafter, for any cause, or any pretended occasion whatsoever to transport or carry the Signet, or any Seal forth of this Kingdom under the pain of death, and confiscation of their movable goods. ACT XXXII. ACT DISCHARGING ALL CUSTOM OF Ammunition brought home to the liege's to their own use for defence of religion and liberties of Kirk and Kingdom. THe Estates of Parliament presently convened, by his Majesty's special authority, considering the privilege and exemption bruiked by the Nobility and Barons of this Kingdom, whereby they have been exemed from payment of all custom, for goods imported to this Kingdom, for their own use: And therewithal, Taking to their consideration that the said exemption ought more especially be enjoyed, for the arms brought home, at this time to the Nobility, Barons, and Gentry of this Kingdom, and all others his Majesty's liege's whatsoever, for their own use, for defence of Religion, Liberties of this Kirke, and Kingdom, in their times of troubles, since the year of God 1637. Therefore statutes and ordains, that all sort of Ammunition whatsoever, brought into this Kingdom, since the year of God 1637. or to be brought in hereafter, during the time of their troubles, shall be free of all customs and imposition whatsoever. And inhibites and discharges all Customers, or whatsoever receivers thereof, of exacting any custom or imposition for any kind of arms or ammunition already imported, or to be imported, during the time foresaid: And of all arresting or detaining the said's arms and ammunition, or any goods belonging to the Merchant's importers thereof, for any custom acclaimed for the same: which the Estates finds no ways due, nor reasonable to be granted in the case foresaid. ACT XXXIII. ACT FOR THE COMMITTEES OF ESTATES. THe three Estates of Parliament presently convened, having taken to their consideration the present estate of this Country and Kingdom, being environed and threatened with arms, by sea and land, and great hostile preparations hatched and prepared against the same, without any just ground or quarrel, whereby (as manifestly doth appear) there is nothing less intended against this Church and Kingdom, nor an utter exterminion and total destruction: So that the said's Estates are necessitate, and forced to put themselves in readiness for a just and lawful defence of the Religion, Laws, Lives, Liberties, and Country: and withal considering how it is for the good of the public, weal of the Country, and maintenance of the armies lifted, and to be up-lifted, and outreiked both by sea and land, and for ordering, directing, and governing of the whole body of this Country, and Kingdom, That a settled, grave and Committee from the Estates be elected, nominate, constitute, and authorized by this present Parliament: which Committee from the Estates shall consist of a competent number, of the most able, qualified, and trusty Noblemen, Barons, and Burgesses of this Kingdom. Therefore the foresaids Estates of Parliament now convened, do hereby nominate, elect, choose, and appoint the persons after specified, viz. John Earl of Rothes, James Earl of Montros, John Earl of Cassils', John Earl of Wigtoun, Charles Earl of Dumfermling, William Earl of Lothian, John Lord Lindesay, John Lord Balmerino, James Lord Couper, Robert Lord Burghly, Archbald Lord Napeir, John Lord Lower, Sir Alexander Gibson of Dury, Sir John Hope of Craighall, Sir John Scot of Scotstarvet, Senators of the College of Justice; Sir Thomas Nicolsone of Carnok, Sir Patrick Hepburne of Wauchton, Sir David Hume of Wedderburne, Sir George Stirling of Kier, Sir Patrick Murray of Elibank, Sir Patrick Hamiltoun of Littlepreston, Sir William Cunningham of Caprintoun, Sir William Douglas of Cavers, James Chalmers of Gadgirth, Sir Thomas Hope of Carse, _____ Drummond of Riccartoun, _____ Lesly of Forbes, Master George Dundasse of Manner, John Smyth, Edward Edgar, Thomas Paterson, Richard Maxwell, Merchants, Burgesses of Edinburgh, William Hamiltoun Burges of Lithgow, Master Alexander Wedderburne Clerk of Dundie, George Porterfield Baliffe of Glasgow, Hue Kennidie Baliffe of Air, John Rutherfurd Provest of Jedburgh, Master Alexander Jaffray, Burges of Aberdeene, or Master William Ore in his absence, James Sword Burges of S. Androes, and James Scot Burges of Montros, to be Commissioners from the Estate, To whom the Estates and Body of this Present Parliament, gives, and commits full power, warrant, and commission to do, order, direct, act, and put in execution every thing , expedient, and incumbent, alswell for the preservation and maintenance of the armies, both of horse, and foot, by sea and land, as for ordering the Country, and whole body and inhabitants thereof, deciding of questions and debates, which shall happen to arise, or fall out in any business which shall occasion, or offer, in this Kingdom concerning the peace and quiet thereof, But prejudice of the College of Justice, or any other ordinary judicatory within this Kingdom, lawfully established by Act of Parliament, which shall no ways be prejudged by this commission, And with full power to them, to borrow, up-take, and levy monies for the use the public: and to give, and prescribe orders, and directions for depursing thereof, and for any other thing requisite which may concern the good, quiet, and peace of the Country, And with power to them, to call and convene such Noblemen, Barons, Burgesses, and other country men, to repair to them for their counsel, and assistance in any business which shall occur, as they shall find and expedient, And with power to them, to give orders and directions to collectors, commissioners, and all other persons, who shall happen to be employed, or have charge or place either in the army or in the Country in the public business, in every thing which concerns their place, and charge, and to call them to an account als oft as they please, and to appoint Auditors for hearing, and receiving thereof, (whether of their own number or any other they please to nominate) and with power to them, to allow and disallow, as they shall find equitable, and expedient, for what ever the said's Commissioners shall either uplift and borrow for the public use, or shall find due, by any counts, bands, bills of exchange, or other furnishing or debt already borrowed, and advanced for the use of the public, either in money, victual, or any other furnishing whatsoever, the same counts being fitted and found lawful by the saids commissioners and their auditor's foresaids. The said's Estates declares that what shall be found due, or resting thereof shall be a lawful debt, and burden, which shall burden and affect the said's Estates, who do hereby bind and oblish them and their successors, to pay, relieve, ramburse, and defray the same: Like as the said's Estates of Parliament, do hereby give and grant full power and warrant to the said's Commissioners from the Estate, to prescribe, enjoin and set down rules, and ways, for the defrayment of the same burdens, and for payment and relief thereof to the creditors, and others who lie, and shall lie under the burden of the same, and that out of the readiest moneys, or other goods belonging to the public, and Estate, or otherways by proportion, to impose the payment and relief thereof, upon the Estate, and inhabitants of the Country according to the rentals, rolls, and valuations of the rents of the Kingdom: And for that effect to revise, control, fit and allow the whole counts of the common burdens, alswell already resting, owing by bands, contracts, bills of exchange, letters of credit, factory counts, or otherwise, as which shall happen to be borrowed and resting, or owing hereafter: and having drawn the same to a total sum, to cast a proportional part thereof upon every sherifdome, presbytery, parochin and burgh within this Kingdom, conform to the said's valuations, And which sherifdomes, presbyteries, and burghs, shall divide the same among the particular persons, liable therein, and that letters be direct in the ordinar manner, alswell for ingathering thereof, as for relief thereof, with certification, if the same or any part thereof shall not be paid, at the terms appointed, by the saids Commissioners auditors foresaids, The persons refusers, or delayers, shall not only pay anualrent for the same, conform to the Act of Parliament; but shall also pay ten marks for each hundreth marks failyie, With power likewise to them, as said is, to set down ways for exsyses to be laid on vivers for the weal of the Country, and helping to relieve the burdens thereof, and maintenance of the Army: And with power to them to give orders, instructions, and directions to all inferior Committees, Shires, burgh's, Presbyteries, Stewartries, Regalities, and others whatsoever within this Kingdom, in every thing which concerns the public, and for the maintenance of the Armies, and other employments through the whole Kingdom, in such form and manner as the said's Commissioners, or so many of them as are a Quorum, in manner after-specified, shall direct and appoint: And generally with full power to them to do all and sundry other things requisite, anent the ordering, directing, managing, prosecuting, and executing of all affairs, and business of this Kingdom, which may or can conduce to the weal of this Kingdom, or any part thereof: And which ought, and should, or shall be needful to be done by them, for maintenance and preservation of the Religion, and liberties of this Kingdom, anent the premises: Without prejudice always of the ordinary Judicatories, as said is. And further, with power to the said's Commissioners of Estate, to nominate and constitute Commissioners, overseers, and all other officers, as well in the Army as in the Country, so oft as occasion and necessity shall require, for maintaining of the Army in every thing , and for exercising and discharging of all other things needful for the public, through the whole Kingdom, (without prejudice of the general Commissars gift) And it is hereby ordained that the form and manner of the proceed of the said's Commissioners of Estate, and the places of their residence respective, shall be in manner after-specified, viz. There shall be two constant places of their residence, whereof the one shall be at Edinburgh, or any other convenient place, where they may most conveniently and safely sit and reside, And the other shall be constantly at the Army, who shall keep correspondence the one with the other, anent their proceed. And it is ordained, that there shall be twelve of every Estate for both Committees, making eighteen for every Committee; and the Quorum to be thus, viz. Three of each estate, when the Estates are full, or any seven promiscuously, when any of the Estates keepeth not, and when any of the persons nominate upon this Commission shall decease, it shall be leisome to the most part of the Quorum of that Estate in Edinburgh, or at the Camp respective, to appoint any other of their own Estate in place of the person deceasing, viz, The Quorum at Edinburgh, or otherwhere else, to nominate the person in place of the party inlacking of the Commission appointed to reside at Edinburgh or otherwhere else: And the Quorum of the Committee at the Camp to nominate the person in place of the party inlacking of the Committee at the Camp. And it is ordained that the forenamed Commissioners divide their numbers proportionally, and with such equality, as neither the Army nor the Country at any time shall want a competent number, to sit and reside constantly for determining of all matters incumbent to them: And what ever the foresaid Quorum of _____ persons at Edinburgh, or in the Country, or moe of them, and what ever the foresaid Quorum of _____ persons, or moe of them being at the Camp shall determine, decern, and ordain, in any cause, business, or debate incumbent to them, the same shall have the full strength of a valide and lawful decreet and sentence, or what ever business, or conveniency, shall be prescribed by the foresaids' Quorums respective, or either of them, the same shall be as valide, as if it were done by the whole number; Providing always, that none of the said's Quorums, either these who shall reside at Edinburgh, or these who shall be with the Army severally by themselves, shall engage in war with any Nation, or make capitulation of agreement, without mutual consent of the whole, at the least of both the Quorums. And because it is expedient, that the said's Commissioners of Estate have a sufficient trusty and able Clerk, for keeping of all the Records, Registers, Acts, Bands, Warrants, and other Papers whatsoever, which concern the Public, or the saids Judicatories: And the Estates of Parliament having real experience of the trust, qualification, and ability of Master Adam Hepburne of Humbie, for discharging of the same office and place, Therefore the said's Estates of Parliament do hereby create, nominate, and constitute the said Master Adam Hepburne to be Clerk to the said's Commissioners of Estate, and other of them, with all Privileges, Liberties, Casualties, Fees, and Immunities belonging thereto: With power to him to substitute Deputes, one or moe, for whom he shall be answerable: To the effect, that either he, or his Deputes, may be always present: So that none of the said's Judicatories be interrupted for want of Clerks. Which Clerk foresaid, and his Deputes, shall have the trust, charge, and keeping of all the Papers, Registers, Records, and others foresaids, which concern the Premises, and the Acts, and Subscriptions of the said Clerk and his Substitutes, shall make as great faith as the Acts and Subscriptions, of any other Clerk within this Kingdom. The said's Commissioners and Clerks being countable to the Estates of Parliament: With power also to the said's Commissioners, or the Quorum residing at Edinburgh, or other where else, to convene the whole body of the Estates, when they shall find necessity: And this Commission to endure aye and while the next meeting of Estates, either in Convention or Parliament: And that the same be discharged by either of them. And it is hereby declared, That if any of these whose turn falls to be present, shall be absent, by whose neglect the business may be disappointed, The saids Quorums, or any of them shall enjoin such pains and penalties, either upon their persons or goods, as they shall find the said's persons of the said Committee to demerit for their absence from any of the said places respective. And because there will fall out in the camp a necessity either of treaties, consultations or public declarations, to show the reasons of the Demands and proceed in the Assembly and Parliament, and the prejudices against either of them, The Estates ordains Master. Archbald johnstoun Procurator for the Kirk, as best acquaint with these reasons, and prejudices, to attend his Excellence, and to be present at all occasions with the said Committee, for their further information and clearing thereanent, with power to any of the said's Quorums to take the oaths of these who are presently absent for their faithful, dutiful, and diligent endeavours in the performance of their duty in the foresaid Commission: Like as it is hereby by declared, that the General his Excellence, and other general Officers are hereby privileged and warranted to be at the said Committee, as occasion shall offer. ACT XXXIV. ANENT THE COMMON RELIEF. FOrsomuch as at the Convention of the Estates, holden in Januarie 1640. years, It was voluntarily offered, that for defraying of the common charges, and for other necessars and urgent expenses, every man should pay the tenth part of his yearly Rent, as well to Burgh as Land-ward, for the Cropped and year of God, 1639. conform to the valuations to be made within and without Burgh respective: And for that effect did voluntarily oblige themselves thereunto, as the bands granted thereanent by the Heritors within the several Presbyteries and burgh's more fully proports: Which band and whole tenor thereof, the said's Estates now convened in Parliament, ratifies and approves in all points as the same is conceived, as well anent the payment of the said tenth part, as anent the retention of the proportional part of the annual Rent in manner therein expressed: And sicklike, in respect that the burdens of the common charges daily increaseth, and that the Heritors to Land-ward, and Burgesses within burgh's bear the same, conform to their rents, trade, house-mails, and others, whereby yearly profit and commodity ariseth, without respect to their moneys: Therefore it is ordained, that the moneys or annual rent, or life-rent shall bear an equal and proportional burden with the said rents, trade, and house-mails by way of retention, as well for the foresaid tenth part, as in all other burdens, the Country is, or shall be put unto by general order, and the terms of retention to be conform to the terms of payment of the said tenth part, or of any other burden imposed, or to be imposed upon the said rents, trade, or others foresaid, after the proportion thereof shall be determined by the Commissioners, Auditors of the accounts of the common burdens, appointed for that effect, until which time no debtors shall have power to retain any part or portion of his annual rent or life-rent further than the said tenth part for the crop and year 1639. allanerly. And because the present expedition, or any other expedition hereafter requires advancement by the Heritors and burgh's, of the two part of the footmen and horsemen their pay conform to the rents and valuations of each Shire and Burgh which will be only in some Sherifdomes and burgh's: And to the effect that the burden may be equal through the whole Kingdom: Therefore it is ordained, that the said advancement and provision shall be put in count by the Shire, Burgh, Regiment, or Company, who shall send out their men in the said expedition, or in any other expedition or service , as the Council of Estate and General shall command, and the said's accounts, to be given in to the said's Commissioners Auditors thereof, who shall have power to control, fit, or allow the same: Which counts being so fitted and allowed, shall be a part of the common burden to be rambursed and allowed to the advancers thereof: And because a great part of the Presbyteries and burghs of this Kingdom have not as yet reported their valuations perfectly and rightly, done conform to the general order: Therefore it is ordained, that all the presbyteries and burghs within this Kingdom, who have not as yet made report of their said's valuations in form and manner above-specified, shall report the same betwixt and the twenty day of June instant, be-south Tay, and betwixt and the first day of July next to come be-north Tay, and that either under the hands and subscriptions of the sworn men, appointed within each presbytery, testifying the same to be true upon their conscience and credit according to their knowledge after the most exact and true informations they could get, or otherways, under the hands of the heritors or magistrates, upon their consciences, and credit: or last, by the subscriptions of the heritors and magistrates their hands, but with this caveat, that what is concealed of land, rent, trade or other rent (whereby profit or commodity ariseth, or did arise the said year) the whole rent thereof, or the equivalent and avail of the same, shall be confiscate to the public use, and the general collector appointed to uplift and receive the same, and if need be, to pursue therefore. And (that no subterfuge and concealment be used in valuations) it is appointed, that all land, trade, shipping, salmond-fishing, and other yearly commodity whatsoever, whereby profit did arise the said year, shall be fully and truly given up without partiality, as the up-givers will either be answerable on their consciences, or the heritors upon the hazard of confiscation. And likewise it is ordained, that all money whatsoever, which pays annual rent to any person not liable in the foresaid contribution, shall pay a proportionable part of their said annual rent to the public use, as the same shall be imposed, aswell for the said tenth part as for the burdens hereafter to be imposed: And for that effect, the valuers to take particular notice of such sums, and in case any delay or refuse, to send in their said's valuations to the Clerk of the same at Edinburgh, betwixt and the said's days respective, in that case it is declared, that the delayers or refusers shall be esteemed and valued conform to their retoures or otherways, as the Committee at Edinburgh shall think fit, and a proportion laid on accordingly, which they shall be holden to pay without any deduction or favour in time coming: And such like for inbringing of the moneys, conform to the said's valuations, it is appointed, that there be collectors chosen in every presbytery (where there are none chosen as yet) by the Gentlemen and heritors, and that the Commissioners of shires see the same done, and cause the said's collectors (so to be chosen) subscribe bands for doing of their diligence, and making payment of the collection to the general collector, and send the same into Edinburgh to him. And where the valuations are already brought in, and collectors already made, it is ordained, that the said's collectors shall, with all possible diligence, send all the money they have to the principal Collector at Edinburgh, and shall use all possible diligence for the rest, and give in their diligence to the said principal Collector, With certification, if any, liable in payment of the said tenth part, shall not pay to the said's Collectors the sums due by them, conform to the said's valuations, the said principal Collector or his deputes shall use all lawful execution against them where the bands are subscribed, and where the bands are not subscribed, they shall be repute, and used as non-Covenanters. And to take away all objections for not paying of the said tenth part, it is appointed, that every Presbytery and burgh shall send in their moneys, due for the tenth part, without deduction of any part of it, except what is allowed for pay to their officers before the first of February last, and prices of victual delivered to Commissars, for the public use, or by warrant from the Committee: And if they have not ready money, they shall borrow the same, from any person or persons to burgh or land-ward, where it may be had upon their own security: And if any person or persons, of whatsoever rank, degree, or calling, shall refuse to lend the same (reserving always so much thereof, as may reasonably serve his own private use, and his family, according to his estate and quality) upon the said security, It shall be liesome to them, to convene them before any ordinary Judge, or Committee of the shire, or Presbytery: which being lawfully proved, by writ, witness, or oath of party, that they have money, and refuse to lend the same, They shall be holden as opposites to the common cause, and the money to be confiscate, the one half to the apprehenders, and the other to the public use: And because there is a present necessity of moneys, by and attour the said tenth part, Therefore it is apppointed, and ordained, That every presbytery within this kingdom shall lend to the public use, the twentieth part of the rent, contained in the valuations, and that by and attour the said tenth part, upon declaration and Act to be made by the Committee from the Estates, that the same is given and lent by them for the public business, to be repaid, together with the annual rents thereof, when a common course is laid down, and prosecute for relief of the common burdens, to be ended with all possible diligence: And the furthest shirs to return their bands or money betwixt and the first day of July next; Or otherways it shall be liesome to the said Committee, from the Estates, to find out the money in manner, and with certification foresaid, and to design to the havers of the said money any Noblemen, Gentlemen, Burgesses, or substantious wealthy men, within each presbytery, one or moe, who shall be oblisht to give band or security to the said's lenners, for repayment thereof, and annual rents for the same, in the ordinary form, the sum not exceeding the said proportion of the said twentieth part of the valuation of the said presbytery. For relief of the which persons, one or more who shall give band or security foresaid, the whole heritors of the said presbytery, as well to burgh as landward, shall be bound, conform to the proportion of their rents and duties: and for that effect, shall have action of relief against them, in case of distresses: And such like, it is declared, That all the Bands, Contracts, and other oblishments for sums of money already borrowed for the public use, shall be relieved and paid by all the heritors within this Kingdom, as well to Burgh as land-ward, conform to the valuations proportionally: And that these who have subscribed the said's bands, contracts, and other oblishments foresaids, shall have their relief of the whole Shires and burgh's, conform to the several proportions, as well these who have subscribed, as these who have not subscribed the said's bands and other foresaids: And where the valuers and collectors, chosen, or to be chosen, refuse to go on and perfect the said's valuations, or collect the tenth part in manner above specified, in that case they or any of them shall be holden and repute as enemies to the common cause: without prejudice always, in case after their said refusal to the heritors and magistrates, to do any of the other two alternatives, and in case the said Heritors or Magistrates delay after the saids days respective, the foresaid certification to be valide against them in manner foresaid: And it is hereby declared, that if any person or persons within or without Burgh shall upon their oaths declare to the said's Valuers or Auditors, that they pay annual rent to strangers, dwelling without this Kingdom, of whom they cannot have the retention of the proportional part of the contribution due out of the said annual rent, in that case the said's valuers or auditors shall defaulk proportionally to the saids person or persons contribution of their trade, craft, rent, and estate, as they shall find agreeable to equity and reason. And such like, it is hereby declared that this present Act, nor no clause therein shall be any ground of Suspension to any debtor for retention of the principal sums adebted by him, and byrun annual rents: But that every creditor may suit, crave, and charge for the same after the day of payment, as accords of the law: As also it is statute and ordained, that these debtors who shall not pay their annual rents termly at least within six months after each term of payment of the said annual rent, shall have no retention of the said proportional part of the said contribution. And such like, it is hereby declared, that this present manner of stenting for the said collection and contribution shall no ways prejudge any person whatsoever in succeeding taxations; But that every man's right and claim anent the prejudice may arise concerning the same and manner thereof, whereby any man can instruct, enorm lesioun, and that he was unequally stented, Is hereby specially reserved hinc inde. And last, It is statute and ordained, that the Lords of Session shall be Judges to all Suspensions to be raised in the said collection and contribution in such form and manner as they are, and have been in matters of taxation. ACT XXXV. ORDAINING SUMMONS TO BE DIRECT and execute against the persons, who are culpable of the crimes and faults, contained in the Act, to compeare before the next Session of Parliament. THe Estates of Parliament convened by his Majesty's special Authority, Considering the present strait and exigency, menacing the ruin of this Kingdom, and how necessary it is, for preventing thereof, that these who have been the authors, or are the maintainers and assisters of these courses that are destructive to the liberties of this Kirk and Kingdom, and that either by their false suggestions and calumnious relations of the Estates of this Kingdom, and their proceed to his Majesty, or by their coming in Arms against this their mother Country, and contributing to further our Adversaries in their intended and professed plots and violences, for the subduing and destroying this Kingdom, or by their rising in Arms within the Country, fortifying and keeping of Castles, and houses against the Estates, who defend the Country against all foreign invasions and subjection, or by deserting their native Country in such an extreme necessity, and withdrawing from them all the assistance they can: That all these and others in the like condition be distinguished, and censured according to the several degrees of their transgression against the State and Kingdom, Therefore they grant full power and warrant to the Committee, which is to sit at Edinburgh, for to direct in their name precepts to the Lion King of Arms, and his brethren Heralds and Messengers, to pass, warn, and charge in name of the said's Estates, the persons under-written: And all others whom the said Committee upon like probable grounds can suspect to have been the Liesing-makers, and tellers, and false accusers of the States of this Kingdom, and their proceed to the King's Majesty, as seditious, rebellious and treasonable, to have been the instigatours, framers, and up-drawers of the strange Proclamations, and Declarations made against his Majesty's Subjects and Estates, as Rebels and Traitors, or to have risen, or rise in Arms, and concur with the adversaries, for subduing of this their native Country, or to fortify, keep, or detain Strengths, or Castles against the Estates of this Kingdom, who stand to their Covenant, for defending their Religion, Crown, and Country; Or wittingly and willingly to withdraw their assistance from their mother Country, in this extremity, and contribute their help and countenance to the adversaries, and all others who are either authors, abetters, maintainers, or suppliers, or art and part, or have any hand in countenancing and concurring with our adversaries, to the subduing and destroying of this Kingdom; and especially these that have seemed to join with us, and have subscribed the Covenant, for to compeare personally on _____ day at Edinburgh before the Parliament at the next Session thereof, to answer unto these and all other crimes of that kind, which may be laid to their charge, and that under the pain of treason and forefaultrie for their contumacy, in case of not compearance: Like as the Estates declares that these precepts being subscribed by the Praeses and Quorum of the Committee foresaid, shall be as sufficient, as if they were subscribed in Parliament. ACT XXXVI. IN FAVOURS OF THE KING'S VASSALS of ward-lands, recommending their prejudice by the Act Anno 1633. to the consideration of the next Parliament, and in the mean time while then, suspending the force and execution of that Act. THE Estates of Parliament presently convened by his Majesty's special Authority, Taking to their consideration the bounty and benevolence of the King's Majesties most noble Progenitors, King James the second, and King James the fourth, giving their Vassals liberty to set ward-lands few: And likewise considering how the King's Vassals of ward-lands are secluded from that benefit by the Act 1633. which seemeth to be done by misinformation of the King's Majesty, and contrary to the intention of the Parliament, to debar the Subjects of the bounty and benevolence of the King's Majesty towards them, which was formerly granted by his progenitors, Recommendeth the serious consideration hereof, with the meaning and intention of the Kings, and the Estates, in setting down of the foresaids Acts, and how fare the same Acts can be extended to the prejudice of the Vassals (the Act Anno 1633. being only a ratification of a former Act made in favours of the Subjects, and appointing the same to be extended to lands holden of the King and Prince, and not a direct Act for these lands) to the next meeting of the Parliament: And in the mean time, while the determination thereof, the Estates suppresses and suspends the force and execution of the Act 1633. against the King's Vassals of ward-lands, and exeemes them from that Act during the said interim. ACT XXXVII APPOINTING THE FEES FOR THE Procurator, the Clerk, and Agent for the Kirk. THe Estates of Parliament presently convened by his Majesty's special Authority, Taking to their consideration, the desire of the last Assembly, and the supplication of the Commissioners of the Kirk, craving that the Advocate for the Kirk, the Clerk of the Assembly, and the Agent for the Kirk may be provided to Fees and Pensions, for their service in that charge out of the Kirk rends belonging to the late Bishoprics, as they have had their Pensions paid to them out of the same, since the Reformation. For the Procurator of the Kirk had assigned to him four last, half last cost, extending to six chalders twelve; bowls meal and malt out of the readiest duties of the Bishopric of Orknay yearly: In place whereof, after the restitution of Bishop's Anno 1606. there was five hundreth pounds ordained to be paid out of the King's Chequer to the Advocate for the Kirk: Like as the Clerk of the general Assembly, since the Reformation, and before the restitution of Bishops, and by the Bishops themselves, conform to their Band in Janu. 1610. years, had five hundreth marks paid to him yearly, and the Agent for the Kirk had a continual pension paid to him out of the Kirk rents for his charge. And herewith also, the said Estates considering the necessity of the said's Officers of Advocate, Clerk, and Agent for the Kirks business, with the weight of that charge, and continual attendance requisite thereto, ordains, and appoints the sum of a thousand marks of Fee and Pension to be paid yearly to Master Archbald Johnstoun present Advocate for the Kirk, and to his successors, chosen and appointed by the Assembly in that place for the Fee of that charge, as Procurator for the Kirk, and the sum of five hundreth marks to be paid yearly to the said Master Archbald Johnstoun as present Clerk to the general Assemblies of the Kirk, for the Fee and Pension of that office, and to his Successors chosen and appointed by the Assembly in that place, for the discharge thereof and service thereintill: And the sum of other five hundreth marks of Fee and Pension yearly to be paid to Master Robert Dalgleish present Agent for the Kirk, and to his Successors chosen and appointed by the Assembly in that charge. And in respect, that the Advocate, Clerk, and Agent for the Kirk, must have their continual residence at Edinburgh, for attending the affairs of the Kirk, and that the said's Fees and Pensions ought to be paid out of the Bishop's rents, and that the said's officers, should be paid thereof, out of the nearest and most commodious rents, belonging to the said's Bishoprics, Therefore the said's Estates, ordains the saids fees and pensions to be paid to the said's present officers, and to their successors respective, in that charge out of the readiest of the few duties, and out of the quotes of Testaments of the diocese of S. Andrews, Glasgow, and Edibburgh, according to the proportion and division to be determinate and set down, by the Committee, from this present Parliament appointed to remain at Edinburgh: and ordains the foresaids' fees, to be paid conform to that division by the heritors, fewars, fermorers, and others adebted in payment of the few duties of the said's three Bishoprics, and by the collectors, and intrometters with the said's quotes of Testaments: And also ordains the Lords of Session to direct letters on this present Act, and upon the determination and division of the said Committee, at the instance of the Advocate, Clerk, and Agent for the Kirk, present and to come, for payment to them yearly, of their said's fees and pensions above-specified. And because that the present Procurator, Clerk, and Agent, have been serving the Kirk, in these places these two years bygone, without receiving their fees otherways due to them, and that the rents of the said's two years, are yet untaken up, by the pretended Bishops of Edinburgh, Glasgow, and S. Andrews, but are restand in the tenants and collectors hands, Therefore they ordain their entry of payment, to be to the crop and year of God, 1638. years. ACT XXXVIII ORDAINING THE WHOLE SUBJECTS And Liege's of this Kingdom to obey, maintain, and defend the Conclusions, Acts and Constitutions of this present session of Parliament, and to subscribe the band appointed for that effect. IN the Parliament holden at Edinburgh, the eleventh day of June 1640. years, the Estates of Parliament presently convened, by his Majesty's special authority, Considering that whereas, after many petitions and supplications given in and presented to his Majesty, and the Lords of his secret council, by divers of the Nobility, Barons, and Burgesses of this Kingdom, for granting a free General Assembly and Parliament, for reforming of many great abuses and novations, tending to the overthrow of the true reformed Religion, and undoing of this Kirk and Kingdom, devised and brought in by the late pretended Bishops, who by their subtle practices, during his Majesty's absence, these many years, had engrossed in their persons, all the Ecclesiastic and civil Power of this his Majesty's ancient and native Kingdom; It was granted by his Majesty, out of his Royal Justice, and accorded by the Articles of Pacification, made at his Majesty's camp in the month of June, 1639. years last bypast, that a free general Assembly and Parliament should be indicted by his Majesty, and that all matters Ecclesiastical should be determined by the Assemblies of the Kirk: and matters civil, by Parliaments, and other inferior Judicatories, established by Law: And that according thereunto, his Majesty did indict an Assembly to be holden at Edinburgh, the twelfth of August, and a Parliament for ratifying the Conclusions of the same assembly, and setting down such other things as might conduce to the peace and good of the Kingdom, To be holden at Edinburgh the twenty sixth of August last bypast. In the which assembly, the matters concerning the purity of the true reformed Religion, and peace of this Kirk, after great debate, delays, and protracting of time, made by John Earl of Traquaire, his Majesty's Commissioner, being at length concluded upon the _____ day of August, 1639. years; the Parliament sitting down, immediately thereafter, upon the penult day of the said month of August, the ratifications of the Conclusions of the same assembly, and many other matters of great importance, conducing necessarily to the settling of the peace of this Kingdom, being proponed in Parliament, were likewise shifted and delayed, and the closing of the Parliament protracted from time to time, unto the _____ day of November last bypast: At the which time, the said John Earl of Traquaire did take upon him without the consent of the Estates, to prorogate the foresaid Parliament, to the second day of June instant, not only contrary to the Articles of Pacification, but also to the prejudice of the Liberties of the Parliament: for preservation whereof, the said's Estates were forced to make a declaration in Parliament against the same: And that albeit since the said _____ day of November, unto this time, the said's Estates have used all possible means to give his Majesty full satisfaction, both by their peaceable carriage at home, and by sending their Commissioners to acquaint his Majesty with all their just desires, and the reasons thereof, yet they have not only received no answer, but upon the contrary, their proceeding in the said Parliament, being untruly related, by the said John Earl of Traquaire, have been condemned as Rebellious without hearing, And our Commissioners sent for clearing thereof, all restrained in private houses for a long time, and John Lord Lowdoun, being one of them committed to the Tower, where he is still detained prisoner: The Castles of Edinburgh, and Dumbartane have in the mean time been fortified and provided with all sort of Ammunition, in great abundance, and Garrisons of Soldiers, (not being natives of this Kingdom) put therein, the Garrison in the Castle of Edinburgh, daily killing divers of the inhabitants of this City, and spoiling their houses with muskets and great Ordnance: all ships belonging to this Kingdom arrested in England, and Ireland: and many of them coming from other places, laid wait for, and taken by the way: their owners and passengers spoilt of their goods and apparel, laid in the irons, and barbarously abused: A Commission granted to the General of the English forces by sea and land, to kill, destroy, and subdue this whole nation, a printed Declaration put forth, denouncing war against it, persuading, exhorting, and provoking the other two Kingdoms to grant subsidies, and take Arms against the inhabitants of this Kingdom as traitors and rebels: And the Parliament of Ireland hath proceeded so fare as to declare them to be such: All which they have hitherto endured patiently, and thereby given an evident demonstration to the world of the loyalty of their affections to their Sovereign, which no extremity shall ever make them to forget: And now being pressed by the present exigence of the Estate of this Kingdom, and bound by the necessity of that natural duty they own to themselves and their posterity, to provide for the safety of the Commonwealth, and their own, and timously to prevent the utter ruin of this Nation, which can no longer subsist under so great a burden, That time appointed being come, to the which the Parliament was prorogate, and no advertisement come from his Majesty to them anent any course to be taken, for remeeding of the great disorders, they being the great Council of the Kingdom, could not be altogether so forgetful of themselves, and deficient to their Country, as to suffer this Parliament which they had so often petitioned from his Majesty, which was conditioned and accorded by the saids Articles of Pacification, and indicted by his Majesty's Authority, to be deserted and expired without any conclusion to the good of the Commonwealth in so great extremity: But rather, thought themselves bound in conscience and duty to proceed to the determination of such matters as are necessary for the establishing of the peace of this Kirk and Kingdom, as being the express and special ends of all their Supplications, and agreeable to the said's Articles of Pacification, without trenching any ways on sovereignty, or derogating in any sort from his Majesty's Royal Authority: but on the contrary, only looking first upon the constitutions of the general Assembly, passed in presence of his Majesty's Commissioner, and the necessary consequences thereof, and then providing remedies for the present evils of the Kingdom, by removing the cause, and establishing necessary conclusions for preventing the like hereafter: In doing whereof, as they have proceeded uprightly in the way of Justice, and with all due reverence, and regard to his Majesty's Authority, and thereby have stopped the calumnious mouths of their adversaries, so they rest assured, that his Majesty after due examination of their proceed, finding the same agreeable to the fundamental laws and customs of this his ancient and native Kingdom, and no ways repugnant to Monarchical government, will out of his Royal Justice and goodness give his full consent thereunto; And thereby totally remove and extinguish all ground and occasion of controversy against his faithful and loyal Subjects, restore this Kingdom to a perfect and solid peace, which they pray the LORD to put in his Majesty's Royal Heart, that he may long and prosperously reign over them. And on the other part, considering from bygone experience how malicious and diligent their adversaries will be to calumniate these their proceed, and by their suggestions to the King's Majesty, and to the Liege's, to kindle and entertain factions and divisions thereanent, and how necessary it is for the safety and peace of this Kirk and Kingdom, that the members of both do unanimously with heart and hand testify by their subscription their resolution, and obligation to acknowledge this Parliament so often desired by their petitions and supplications, and convened by his Majesty's solemn indiction, according to the Articles of Pacification, to be a free, lawful, and necessary Parliament, and to obey, observe, and maintain the same for themselves constantly and faithfully, and to the uttermost of their power, to join and concur, in their several stations and callings, with others to advance, further, and assist the execution, obedience, and observing of the Acts and Constitutions of this present Parliament, as the most sit and necessary remedies of the bygone and present evils and distractions of this Kirk and Kingdom, and for preservation of the Religion, laws and liberties thereof, and of his Majesty's Authority, and that in the first Parliament which shall be holden hereafter within this Kingdom, and at all other occasions, against any opposition whatsoever, except in so fare as shall hereafter be thought sit and expedient by the common advice and consent of the Estates: They have ordained, and ordains the Band under-written, to be subscribed by all the Members of Parliament present and absent, and by all Noble men, Barons, Burgesses, and all other Subjects and inhabitants of the Kingdom, in their Shires, and burgh's, as they shall be directed by the Commissioners of Parliament left at Edinburgh, and to be reported to the Clerk, betwixt and the first day of September next, with certification, that such as refuse, or post-pone, and delay to subscribe the same, shall be holden as Enemies and Opposites to the common Cause, consisting in the maintenance of the true reformed Religion, and of the laws, and liberties of this Kingdom, and his Majesty's Authority. We Noblemen, Barons, Burgesses, and others, under subscribers, Considering how necessary it is to establish our Union in the preservation and maintenance of the Religion, Laws, and Liberties of this Kingdom, and of his Majesty's Authority, and to prevent all factions, contentions, and divisions, which may arise in prejudice thereof, from malicious suggestions and misinformations of our adversaries, do all, and every one of us with our heart and hand testify and declare our Resolution and Obligation, (for the reasons and causes at length expressed in the Act of Parliament immediately preceding) to acknowledge the foresaid Parliament to have been, and to be a free and lawful Parliament. Like as we bind and oblish us, and every one of us upon our honours and credit, and as we desire to be, and to be holden true lovers of our Country, and of the Religion, laws, and liberties thereof, effauldly and faithfully to the uttermost of our power, To join and concur with our persons and estates, every one of us according to our several stations and callings, in the maintenance of the freedom and lawfulness of the foresaid Parliament, and in the advancement, furtherance, and assistance of the execution, obedience, and observation of the Acts and Constitutions thereof, as the most sit and necessary remedies of the bygone and present evils and distractions of this Kirk and Kingdom, and for the preservation of Religion, laws, and liberties thereof, and of his Majesty's Authority, and that in the first Parliament, which shall be holdeu hereafter within this Kingdom, and at all other occasions, and against any opposition whatsoever, except in so far as shall be hereafter thought sit and expedient, by the common advice and consent of the Estates. In witness whereof we have signed and subscribed these presents with our hands, At, etc. ACT XXXIX. DECLARING THE PARLIAMENT Current, and continuing the same while the nineteenth of November next. THe Estates of Parliament presently convened by his Majesty's special Authority, Continues this present Parliament, and all matters and actions belonging thereto, while the nineteenth day of November next to come: At the which day, ordains the whole Estates to be present, and to attend at Edinburgh, or where it shall happen the same to be appointed to be holden for the time: And in the mean time declares the same Parliament to be current to the day foresaid: And ordains the whole Acts and Statutes concluded in this present Session of the said Parliament, to stand and have the force and strength of Laws, such like as any Acts and Statutes of any preceding Parliaments in any time bygone: And ordains the same to be published and printed, notwithstanding of the continuation thereof to the day foresaid. ACTS DONE AND PASSED AT EDINBURGH, NOVEMBER The nineteenth 1640. ACT ANENT THE ELECTION OF Robert Lord Burghly to be Prese of this meeting of Estates in Parliament. THE Estates of Parliament presently convened by his Majesty's special authority, this nineteenth day of November 1640. years. To the which day the Parliament was continued by the last Act of the last Session thereof, the 11. of June 1640. did unanimously elect and choose Robert Lord Burghly to be Precedent of this their meeting of Estates in Parliament. ACT I. ACT ANENT THE CONTINUATION Of the Parliament, to the 14. of Januarie 1641. years, with continuation of days. THE Estates of Parliament presently convened by his Majesty's special authority, yet as of before, continueth this present Parliament, and all summons and actions intended or depending, with all other matters belonging to the said Parliament, to the fourteenth day of Januarie next to come, with continuation of days. At the which day, or sooner, as the Committee of Estates and Quorums thereof, both in the Country and at the Army, shall appoint, Ordains the whole Estates to be present, and to attend at Edinburgh, or where it shall happen the famine to be appointed to be holden for the time. And in the mean time declares the said Parliament to be current to the day foresaid. And ordains the whole acts and statutes made and concluded in plain Parliament, in the last session thereof, in June last bypast, to stand and have the force and strength of laws and acts, conform to the tenours thereof, such like as any acts and statutes of any preceding parliaments in any time bygone: And namely (but prejudice of the generality foresaid) the act of Committee of the Estates, to stand in full force ay and while it be discharged by the Estates. And ordains the foresaid acts, with the act of election of the said Robert Lord Burghly to be Prese at this meeting of Estates, together with this present act of continuation, to be published and printed, conform to the last act of continuation, bearing date the eleventh of June last, notwithstanding of this present continuation of the Parliament to the day above-written. ACTS DONE AND PASSED AT EDINBURGH, Januarie 14. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be Prese of this meeting of Estates in Parliament. THE Estates of Parliament presently convened by his Majesty's special authority, this fourteenth day of Januarie 1641. years: To the which day the Parliament was continued by the last act of continuation thereof, dated the 19 of November 1640. years, did unanimously elect and choose Robert Lord Burghly to be Precedent of this their meeting of Estates in Parliament. ACT II. ACT ANENT THE CONTINUATION Of the Parliament to the 13. day of April, 1641. years, with continuation of days. THE Estates of Parliament presently convened by his Majesty's special authority, yet as of before, continueth this present Parliament, and all summons and actions intended or depending, with all supplications, grievances, and other matters belonging to the said Parliament, to the thirteenth day of April next to come, with continuation of days: And that for satisfaction of his Majesty's gracious desire, signified by his Majesty's letter directed to the Estates to that effect, bearing date the last of December 1640. And also for sundry grave and weighty considerations, concerning the weal of the Estate, Kirk, and Kingdom, known to the Estates. At the which 13. day of April, ordains the whole Estates to be present, and to attend at Edinburgh, or where it shall happen the famine to be holden for the time, But prejudice always of the power granted to the Committees of Estate, contained in the Act of this present Parliament made thereanent, dated the 11. day of June last, and mentioned in the last Act of continuation thereof, bearing date the 19 of November 1640. And in the mean time, the Estates declares the said Parliament to be current to the effect above-written unto the day foresaid, with continuation of days, and ordains the whole Acts and Statutes made and concluded in plain Parliament in that Session thereof in June last bypast, together with all former Acts of continuation made by the said Estates, to stand and have the force and strength of Laws and Acts, conform to the tenours thereof, such like as any Acts and Statutes of any preceding Parliaments in any time bygone: And namely (but prejudice of the generality foresaid) the Act of Committee of the Estates to stand in full force in all the clauses thereof, aye and while it be discharged by the Estates, And ordains the foresaids' Acts, with the Act of Election of Robert Lord Burghlie, to be prese at this meeting of Estates, together with this present Act of continuation, to be published and printed, conform to the last Act of continuation of the date foresaid, notwithstanding of this present continuation of the Parliament to the day above-written. ACTS DONE AND PASSED AT EDINBURGH, April 13. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be Precedent of this meeting of Estates in Parliament. THe Estates of Parliament presently convened by his Majesty's special Authority, this 13. day of April, 1641. years: To the which day the Parliament was continued by the last act of continuation thereof, of the date the 14. day of January 1641. years, Did unanimously elect and choose Robert Lord Burghly to be Precedent of this their meeting of Estates in Parliament. ACT III. ACT ANENT THE CONTINUATION OF The Parliament to the 25. day of May 1641. years, with continuation of days. THe Estates of Parliament presently convened by his Majesty's special authority, yet as of before, continueth this present Parliament, and all summons and actions intended or depending, with all supplications, grievances, and other matters belonging to the foresaid Parliament, to the twenty fifth day of May next to come, with continuation of days: And that for satisfaction of his Majesty's gracious desire signified by his Majesty's letter, direct to the Estates to that effect, bearing date 23. March 1641. And also for sundry grave and weighty considerations, concerning the weal of the Estate, Kirk, and Kingdom, known to the Estates. At the which twenty fifth day of May next to come, ordains the whole Estates to be present, and to attend at Edinburgh, or where it shall happen the famine to be holden for the time, But prejudice always of the power granted to the Committees of Estate, contained in the Act of this present Parliament made thereanent, dated the eleventh day of June last, and mentioned in the two last Acts of continuation thereof, the one bearing date the 19 of November 1640. and the other bearing date the 14. of January last bypast 1641. And in the mean time, the Estates declares the said Parliament to be current to the effect above-written unto the day foresaid, with continuation of days, and ordains the whole Acts and Statutes made and concluded in plain Parliament in that Session thereof in June last bypast, together with all former Acts of continuation made by the said Estates, to stand and have the force and strength of Laws and Acts, conform to the tenours thereof, such like as any Acts and Statutes of any preceding Parliaments in any time bygone: And namely (but prejudice of the generality foresaid) the Act of the Committee of Estates to stand in full force in all the clauses thereof, aye and while it be discharged by the Estates, And ordains the foresaids' Acts, with the Act of Election of Robert Lord Burghlie, to be prese at this meeting of Estates, together with this present Act of continuation, to be published and printed, conform to the last Act of continuation of the date foresaid, notwithstanding of this present continuation of the Parliament to the day above-written. ACTS DONE AND PASSED AT EDINBURGH, May 25. 1641. ACT ANENT THE ELECTION OF Robert Lord Burghly to be Precedent of this meeting of Estates in Parliament. THe Estates of Parliament presently convened by his Majesty's special Authority, this 25. day of May, 1641. years: to the which day the Parliament was continued by the last act of continuation thereof, of the date the 13. day of April 1641. year's foresaid, Did unanimously with one uniform consent, elect and choose Robert Lord Burghly to be Precedent of this their meeting of Estates in Parliament. ACT FOUR ACT ANENT THE CONTINUATION Of the Parliament, to the 15. day of July 1641. years, with continuation of days. THE Estates of Parliament presently convened by his Majesty's special authority, yet as of before, continueth this present Parliament, and all summons and actions intended or depending, with all supplications, grievances, and other matters belonging to the said Parliament, against all parties cited or desired to be sent home to Scotland as Incendiaries, or cited for other crimes or causes, and the former citations and continuations thereof, and this present continuation, to continue in the same force, strength and effect, as they were at the several days of compearances respectiuè, whereunto they were cited, and as if they had been called, or were now called per expressum, upon the said's several days whereunto they were cited respective, as said is, or upon the several days of continuation whereunto this Parliament was continued from time to time, notwithstanding of the not calling of them publicly in judgement at none of the said's days, which was no ways necessary to have been done, nor to be done, before insisting against them, in respect that they were both cited to several days of compearance, with continuation of days, & that the Parliament was continued from time to time to certain other days also, with continuation of days, to the fifteenth day of July next to come, with continuation of days, and that for satisfying his Majesty's gracious desire, signified by his Majesty's letter direct to the Estates for that effect, beating date the 18. of May, 1641. years, And also for sundry grave and weighty considerations: concerning the weal of the Estate, Kirk and Kingdom, known to the Estates, But prejudice always to the Estates of Parliament, of their undoubted liberty to sit without prorogation, except they consent to a prorogation: and that by reason that all Acts of prorogation of Parliament, are Acts of Parliament, and no Acts of Parliament can be made without consent of the Estates convened and sitting in plain Parliament: AT the which fifteenth day of July next to come, ordains the whole Estates to be present and to attend at Edinburgh, or where it shall happen the famine to be holden for the time: And such, like ordains his Majesty's Advocate and Procutors of Estate, all and every one of them to compeare and attend, and to insist as they shall be commanded by the Estates, against whatsoever persons indicted or to be indicted, And discharges the said Advocate and Procutors, & every one of them to consult with, or take upon hand, directly or indirectly, to defend any who shall seek their advice for pleading or maintaining them in any sort, against any pursuit moved, or to be moved against them in Parliament, for any crime against the public, or to give any information for that effect: And that because it is incumbent to the King's Majesty's Advocate and Procutors of Estate to pursue all who happens from time to time to be cited to the Parliament for any offence against the public, and no ways to take their Patrociny: but prejudice likewise of the power granted to the Cornmittees of Estate, contained in the Act of this present Parliament, made thereanent, dated the 11 of June last, and mentioned in the three last Acts of continuation thereof: The first dated the 19 November 1640. the second the 14. of January, 1641. and the third dated the 13. of April the same year, 1641. years; And in the mean time the Estates declares the said Parliament to be current, to the effect above-written, unto the day foresaid, with continuation of days, and ordains the whole Acts and Statutes made, and concluded in plain Parliament in that session thereof in June last bypast, together with all the former Acts of continuation made by the saids Estates, to stand and have the force and strength of Laws and Acts, conform to the tenours thereof, such like as any Acts and statutes of any preceding Parliaments in any time bygone: And namely (but prejudice of the generality foresaid) the act of the Committee of Estates, to stand in full force in all the clauses thereof, ay and while it be discharged by the Estates, and ordains the foresaids' Acts with the Act of election of Robert Lord Burghlie to be prese of this meeting of Estates, together with this present Act of continuation, to be published and printed, conform to the last act of continuation of the date foresaid, notwithstanding of this present continuation of the Parliament to the day above-written. ACTS DONE AND PASSED IN THE LAST SESSION OF THE SECOND PARLIAMENT OF OUR SOVEREIGN LORD, etc. Beginning the 15. day of June 1641. and ending the 17. of November, the same year, according to the several dates respective after specified prefixed thereto. ACT V ANENT THE OATH TO BE GIVEN BY Every member of Parliament. August 18. 1641. FORSOMUCH as the honour, greatness and happiness of the King's Royal Majesty, and the welfare of the Subjects depend on the purity of Religion, as it is now established in this Kingdom, the laws, liberties and peace thereof, which ought to be sought after by all good Christians, loyal Subjects, and true Patriots, And to be furthered and maintained by them against all such, as by any means, endeavour to shake, or subvert the same. THEREFORE We under-subscribers, and every one of Us, do in the presence of almighty God promise and vow, That in this present Parliament We shall faithfully and freely, speak, answer and express ourselves upon all, and every thing which is or shall be proponed, so fare as we think in our conscience may conduce to the glory of God, the good and peace of the Church, and State of this Kingdom, and employ our best endeavours to promove the same: And shall in no ways advise, voice nor consent to any thing, which to our best knowledge, we think not most expedient and conducible thereto: as also that we shall maintain and defend with our Life, Power, and Estate, His Majesty's Royal Person, Honour and Estate, as is expressed in our Nationall Covenant: And likewise the Power and Privileges of Parliament, and the lawful Rights and Liberties of the Subjects, and by all good means and ways, oppose, and endeavour to bring to exact trial, all such as either by force, practice, counsel, plots, conspiracies, or other ways, have done, or shall do any thing in prejudice of the purity of Religion, the Laws, Liberties, and Peace of the Kingdom: And further, that we shall in all just and honourable ways endeavour to preserve union and peace betwixt the three Kingdoms of Scotland, England, and Ireland, and neither for hope, fear, nor other respect shall relinguish this vow and promise. Read in audience of the King's Majesty and the Estates of Parliament, who approve the same, and appoint the said oath to be taken by all members of this Parliament, and in all Parliaments hereafter, before they proceed to any act, or determination. ACT VI ACT ANENT THE RATIFICATION OF The Articles of the Treaty, superscribed by the King, and subscribed by the Precedent of the Parliament. August 26. 1641. OUR Sovereign Lord and Estates of Parliament, Ratifies and approves the articles of the large treaty concerning the establishing of the peace betwixt the King's Majesty, and his people of Scotland, and betwixt the two Kingdoms of Scotland and England: And for his Majesty and his successors perpetually confirms the same, ordaining the same in all time coming to have the full force and strength of perfect security, laws, and acts of Parliament: Like as his Majesty, for Himself and his Successors, promiseth, in verbo Principis, never to come in the contrary thereof, for any thing therein contained: but to hold the same firm and stable, and shall cause it to be truly observed by all his Majesty's Liege's according to the tenor & intent thereof for now & ever. Whereof the tenor follows: WHereas by his Majesty's Royal Wisdom, and Princely care of the Peace and Happiness of his Majesty's Dominions, a Treaty hath been appointed for removing of all differences raised betwixt the two Kingdoms, and betwixt the King and his Subjects of Scotland, and for settling and assuring a firm and blessed Peace for all time to come: and a Commission hath been given under the great Seal of England, with approbation of both Houses of Parliament, bearing date 23. of November in the 16. year of his Majesty's reign, and in the words following: CHARLES by the grace of God, King of Scotland, England, France, and Ireland, Defender of the Faith, etc. To our Right trusty, and right well-beloved Cousins, Francis Earl of Bedford, William Earl of Hartford, Robert Earl of Essex, And to our right trusty, and right well-beloved Cousin and Counsellor, William Earl of Salisbury, And to our right trusty, and right well-beloved Cousin, Robert Earl of Warwick, And to our right trusty, and right well-beloved Cousin, John Earl of Bristol, And to our right trusty, and right well-beloved Cousin and Counsellor, Henry Earl of Holland, And to our right trusty, and right well-beloved Cousin and Counsellor, Thomas Earl of Berks, And to our right trusty, and well-beloved, Philip Lord Wharton, William Lord Paget, Edward Lord Kimbalton, Robert Lord Brooke, John Lord Paulet, Edward Lord Howard of Estrick, Thomas Lord Savil, and Francis Lord Dunsmore, Greeting. Whereas divers of our Subjects of Scotland, have by their several Petitions humbly besought us, that we would be graciously pleased to grant unto them certain Demands, we reposing especial trust and confidence in your great wisdoms and fidelities, have named, assigned, and appointed you, and by these presents do name, assign, and appoint you to be our Commissioners: and do hereby give, and grant unto you, or any ten, or more of you, full power, and authority to treat with John Earl of Rothes, Charles Earl of Dumfermling, John Lord Loudoun, Sir Patrick Hepburne of Wauchton, Sir William Douglas of Cavers, William Drummond of Riccarton, John Smith Baily of Edinburgh, Alexander Wedderburne Clerk of Dundy, Hugh Kennedy Burgess of Air, Alexander Hendersone, and Archibald Johnstoun, or any of them, Or any other deputed, or to be deputed by our said Subjects of Scotland, or nominated on their behalf; and to take into your serious consideration the said Demands, and compose, conclude, and end all differences arising thereupon: Or otherways, as you, or any ten, or more of you, in your wisdoms shall think fit: And whatsoever you our Commissioners aforesaid, or any ten, or more of you shall do in the premises, We do by these presents ratify, and confirm the same. In witness whereof We have caused these our Letters to be made Patents. Witness ourself at Westminster the three and twentieth day of November, in the sixteenth year of our Reign. Per ipsum Regem. AND IN LIKE MANNER, A COMMISSION hath been granted by the Committees of the Parliament of Scotland, bearing date the last of October, and the 4 day of November, 1640. and in the words following: We the Commissioners of the Parliament of Scotland, being a full number of both the Quorums thereof, under-subscribing: Forsomuch as the King's Majesty, our dread Sovereign hath been graciously pleased, upon our humble supplications, to appoint a Treaty, and Conference at Rippon betwixt our Commssioners, chosen, and sent by Us for that effect, and a number of the Peers of England, who accordingly met, and have accorded upon certain Articles, as well anent the maintenance of our Army, as anent the cessation of Arms during the Treaty. And because the time for the ensuing Parliament of England could not permit the Treaty to come to the wished conclusion there, his Majesty was therefore likewise pleased to transfer the said Treaty to London, where the said Parliament is to hold, that there these entrusted by his Majesty, and Estates of Parliament, may have the better time and place to treat, and conclude thereanent. Therefore We the said Commissioners, being a full number of both Quorums thereof under-subscribing, by virtue, and conform to the Commission granted to us by the Estates of Parliament, do not only approve the said Articles already agreed upon, and subscribed by our said Commissioners at Rippon, but also do by these presents give full power, warrant & Commission to John Earl of Rothes, Lord Lesley, etc. Charles Earl of Dumfermling, Lord Urquhart and Fuby, etc. John Lord Londoun, Sir Patrick Hepburne of Wachtoun, Sir William Douglas of Cavers, William Drummond of Riccarton, John Smith of Edinburgh, Mr. Alexander Wedderburne of Dundy, and Hugh Kennedy, of Air, as members of the Estates of Parliament. And because many things may occur, concerning the Church, and Assemblies thereof: Therefore besides these of the Estates we nominate, and appoint Mr. Alexander Hendersone, and Mr. Archibald Johnstoun, whom we adjoin for that effect; With power to them, or any seven of them, there being always two of every Estate, to pass to the said City of London, and there, or at any other place convenient (mutually to be agreed upon) to meet, and conveen with any who shall be appointed by his Majesty, and Estates of Parliament of England for the foresaid Treaty, giving, granting, and committing; like as we by these presents give, grant, and commit to them in manner foresaid, full power, warrant, and commission to treat, consult, advise, determine, and agree, as well anent the satisfying, and granting of our Demands, as in obtaining, and securing a settled peace for all time coming, conform to the instructions given to them herewith, or which shall be sent to them hereafter by us, or any one of the said Quorums at the Camp of Edinburgh thereanent. With power to them, as said is, to do everything which may conduce for the better and easier obtaining of our said demands, and establishing a settled peace, conform to the said particular instructions, in such like manner as we might do if we were all personally present ourselves in full number, promising to hold firm and stable all, and every thing our said Commissioners in manner foresaid shall do in the Premises, conform to the said instructions. And in case it shall be found expedient, or necessary to add any more Commissioners to the foresaid persons, these who shall so be sent, authorized under our hands, or the full number of any of the said Quorums, shall have a like power, and Commission by virtue of these presents with the forenamed Commissioners, in such like manner, as if their names were particularly expressed herein. In witness whereof these presents are subscribed at Newcastle and Edinburgh the last of October, and 4. of November, 1640. SIC SUBSCRIBITUR. Rothes. Montrose. Cassils'. Lothian. Lyndesay Balmerino. Naper. Burghly. Jo. Cooper. Thomas Hope. Ricccarton. Caprinton. Gaitgirth. Dundas. Edward Edgar. Rich. Maxwell. James Scot Gorterfield. Hume. Hamilton. Mr. Will. More. Ja. Sword. Hue Kennedy. Rutherfoord. And forasmuch as by virtue of the said Commissions, the Commissioners therein authorised, have treated, and by the assistance and blessing of God have agreed upon the heads, and articles following. ARTICLES OF THE LARGE TREATY concerning the establishing of the peace betwixt the King's Majesty, and his people of Scotland, and betwixt the two Kingdoms, agreed upon by the Scottish and English Commissioners, at the City of Westminster, the seventh day of August. 1641. THe SCOTTISH COMMISSIONERS (having given in the Declaration following, viz. WE do still in all Loyalty, as becomes humble and dutiful Subjects, acknowledge our dependency upon his Majesty as our dread Sovereign, whether his Majesty live in Scotland or England, and shall always, and in all things witness our high respects and best affections to the Kingdom and Parliament of England, according to the strong bonds of nature and religion, by which the two Kingdoms are joined under one Head and Monarch: yet as we are fully assured that the Kingdom and Parliament of England, is for the present fare from any thought of usurpation over the Kingdom and Parliament of Scotland, or their Laws and Liberties: so, for the preventing the misunderstanding of the Posterity and of Strangers, and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of our proceed, which may arise upon our coming into England, and our treating in time of Parliament; We do by these declare and make known, that neither by our Treaty with the English, nor by seeking our peace to be established in Parliament, nor any other actions of ours, do we acknowledge any dependency upon them, or make them Judges to us or our Laws, or any thing that may import the smallest prejudice to our Liberties, but that we come in a free and brotherly way by our informations to remove all doubts, that may arise concerning the proceed of our Parliament, and to join our endeavours in what may conduce for the good and peace of both Kingdoms, no otherwise then if by occasion of the King his residence in Scotland Commissioners in the like exigence should be sent thither from England) DID DEMAND, that his Majesty would be graciously pleased to command that the Acts of the late Parliament may be published in his Highness' name as our Sovereign Lord, with consent of the Estates of Parliament convened by his Majesty's authority. WHEREUNTO it is answered and agreed, That for as much as the King's Majesty, at the humble desire of his Subjects, did call and conveen a Parliament to be holden at Edinburgh the 2. of June, 1640. wherein certain Acts were made and agreed upon, which Acts his Majesty (for the peace and good of his Kingdom) is pleased to publish in his own name with consent of the Estates, and therefore commands that the said Acts bearing date the 11. day of June, 1640. be published with the Acts to be made in the next Session of the same Parliament: and that all the said Acts, aswell of the precedent as of the next Session, to be holden, have in all time coming the strength of Laws, and to be universally received, and obeyed by all the Subjects of the Kingdom of Scotland. His Majesty doth in the word of a King promise the publishing of the said Acts in such sort as is above specified. As for the manner of publishing the said Acts, his Majesty approves that the Declaration of the Estates in the beginning of the Acts, and the conclusion at the end, may be passed in silence at the publishing of the Acts, and left out in the printed Copies: And if any thing shall further occur concerning the manner of publishing the said Acts, his Majesty's Commissioner may then offer it to the Estates to be considered of, his Majesty being most assured that the Estates of Parliament will have a great care not to suffer his Majesty's authority to be prejudiced in the managing of these great affairs. Tertio Decembris, 1640. THE SECOND DEMAND, that the Castle of Edinburgh, and other strengths of the Kingdom should, with the advice of the Estates of Parliament, according to their first foundation be furnished, and used for defence and security of the Kingdom. IS AGREED UNTO. THE THIRD DEMAND, that Scottish men within his Majesty's Dominions of England and Ireland, may be freed from censure for subscribing the Covenant, and be no more pressed with oaths and subscriptions unwarranted by their Laws, and contrary to their Nationall oath and Covenant approved by his Majesty. It is thereto answered and agreed in his Majesty's name, upon Decemb. 8. 1640. That as his Majesty hath granted your first and second Demands, so do we in his Majesty's name answer to the third: That all these who in his Majesty's Dominions of England or Ireland have been imprisoned, forfeited, or censured any other way for subscribing of the Covenant, or for refusing to take any other Oath contrary to the same, shall be freed of these censures, and shall be fully restored to their Liberties, Estates, and Possessions. And for time coming, that the Subjects of Scotland, as Subjects of Scotland, shall not be constrained to any oath contrary to the Laws of that Kingdom, and the Religion there established: but such of the Kingdom of Scotland as shall transport themselves into the Kingdom of England or Ireland, and there be settled Inhabitants, either by way of having inheritance or freehold, or by way of settled Trades (by which the way of trading of the Factors of Merchants, nor of Merchants themselves is not to be understood) shall be subject to the Laws of England or Ireland, and to the oaths established by the Laws, and Acts of Parliament in the said Kingdoms respectively, wherein they live, and have their ordinary and constant residence, and not otherways. And the English and Irish shall have the like Privilege in Scotland, 8. Decembris. 1640. To the fourth Demand, craving that his Majesty may be graciously pleased to declare, as an Act of Royal Justice, serving much to his own Honour, for the establishing of his Throne, and for the good and Peace of both Kingdoms, That whosoever shall be found upon Trial and Examination by the Estates of either of the two Parliaments (they judging against the Persons subject to their own Authority) to have been the Authors and Causers of the late and present troubles and combustion, whether by labouring to make, and forment Division betwixt the King and his People, or betwixt the two Nations, or any other way, shall be liable to the Censure and Sentence of the said Parliaments respectively, Conform to the Paper of Decemb. 9 1640. It is answered, upon the 11. of Decemb. 1640. That his Majesty believeth he hath none such about him; And therefore concerning that point, he can make no other Declaration, then that he is just, and that all his Courts of Justice are free and open to all men. His Parliament in this Kingdom is now sitting, and the current Parliament of Scotland near approaching the time of their meeting, To either of which, he doth not prohibit any of his Subjects to present their just grievances, and complaints, of whatsoever nature, each meddling, and judging against the Persons, subject to their own Authority. 11. Decembris 1640. It is further answered upon the said 11. of December, 1640. To your fourth Demand, Concerning Incendiaries, that his Majesty believeth, he hath none such about him: Therefore, concerning that point, he can make no other Declaration, then that he is just, and that all his Courts of Justice are to be free and open to all men. His Parliament in this Kingdom is now sitting, and the current Parliament of Scotland near approaching the time of their meeting; in either of which respective, he doth not prohibit the Estates to proceed in trying and judging whatsoever of his Subjects. And whereas it was further demanded, that as his Majesty would not hinder any of his Subjects to be tried and judged by the Parliament: so that none after the Sentence of the Parliament should have access to his Majesty, or be maintained, and enjoy Places or Offices, and have credit or authority to inform and advise his Majesty, Conform to the Paper of December 23. 1640. It is declared in his Majesty's name, upon December 30. 1640. Besides his Majesty's former Answers, His Majesty hath commanded us to declare in his Name, That he will not employ any Person or Persons in Office or Place that shall be judged incapable by sentence of Parliament: Nor will he make use of their service without the consent of Parliament, nor grant them access to his Person, whereby they may interrupt, or disturb that firm Peace, which he now so much desireth, he being confident that they will proceed in a fair & just way, and (according to their several professions) with that respect to his honour, which in reason he may expect from good and dutiful Subjects: 30. of Decemb. 1640. The fifth Demand, That their ships and goods, and all Damage thereof may be restored. Is condescended unto, and to be reciprocal, That all Ships and Goods taken at Sea or stayed in Ports, with damage be restored on both sides. And that some summary course be agreed upon for the performance thereof upon the Demands of the particulars on both sides, Conform to the Paper of December 30. 1640. And further it was agreed upon the 7. of Januarie, 1641. Stilo Scotico. That all Ships taken and stayed should be reciprocally restored on both sides, And that the Scottish Commissioners having informed that about fourscore Ships of Scotland are yet stayed in the Ports, and are like to suffer much further loss and damage, if they shall not be delivered into some hands who may have care of them: It is agreed, for the more speedy expedition of the Scottish Ships, and that the owners thereof be not longer damnifyed by the want of them, that warrants shall be presently granted for delivery of all their Ships, and that four thousand pounds be presently advanced for Cauking, Sails, Cordage, and other necessaries for helping the present setting forth of the said Ships: And for the rest of this Article, when it shall come in the sixth Demand, it shall be agreed unto, 7. of Januarie, 1641. Stilo Scotico. To the sixth Demand, concerning the losses which the Kingdom of Scotland hath sustained, and the vast charges they have been put unto by occasion of the late troubles, and the reparation desired from the Justice, and kindness of the Kingdom of England towards relief thereof, in manner, and upon the ground expressed in the Paper of the 7. of Januarie, 1641. Stilo Scotico. It is answered, that this House thinks fit that a friendly assistance, and relief shall be given, towards supply of the losses & necessities of the Scots, & that in due time this House will take into consideration the measure & manner of it, Conform to the paper 22. of Jan. 1641. Stilo Scotico. And further, the Parliament upon the 3. of February did declare, that they did conceive, that the sum of three hundred thousand pounds is a fit proportion for the friendly assistance, and relief formerly thought fit to be given towards supply of the losses, and necessities of their Brethren of Scotland, and that the House would in due time take into consideration the manner how, and the time when the same shall be raised, Conform to the Paper of the 3. of Febr. 1641. Stilo Scotico, and given in to the Treaty upon the 5. of the said Month. And whereas it was desired by the Scottish Commissioners, that the English Commissioners would let them know from the Parliament, the security, manner, and terms of Payment of the foresaid sum of three hundred thousand Pounds, and of the Arrears due for relief of the Northern Counties, It was agreed unto by warrant, and order of the Parliament, that they should have fourscore thousand Pounds, as a part of the foresaid sum of three hundreth thousand pounds, with the whole Arrears due to the Army, before the disbanding thereof, Conform to the Paper of the 26. of May, 1641. and given in to the Treaty upon the 27. of the said Month. And concerning the security for paying of the remnant of the said sum of three hundred thousand pounds, which is Arreare, extending to 200 and 20000 Pounds, It is resolved, and agreed unto by both Houses of Parliament, That an act of Parliament of public Faith shall pass for security thereof, And that one moiety, or equal half of the same, extending to one hundred and ten thousand Pounds, shall be paid at Midsummer, in Anno 1642. And the other moiety, or equal half thereof to be paid at Midsummer, in Anno 1643. as the order of the houses of Parliament, of the 19 & 25. days of June 1641. doth more fully purport. And in like manner, whereas it was desired by the Scottish Commissioners, that they might know to whom they should address themselves, for payment of the sums at the days appointed by the Parliament, Conform to the Parliaments determination of the 19 of June: Secondly, at what place the payment should be made: Thirdly, that a safe conduct may be granted for the secure transporting of the moneys to Scotland, at the times of the payment agreed upon. It is answered and resolved by the Parliament, That these Earls, Lords and Commissioners following, shall be the persons to whom the Scots shall address themselves for the receiving of the sums at the days appointed by the Parliament; Earl of Bedford, Earl of Essex, Earl of Warwick, Earl of Holland, Earl of Stanford, Lord Wharton, Lord Mandevill, Lord Brook, Mr. Martin, Sir Thomas Barrington, Mr. Capell, Sir Ar. Ingram, Sir Gilbert Gerrard, Sir Robert Pie, Mr. H. Bellasis, Sir Walter Earl, Sir William Litton, Sir Henry Mildmay, Sir Thomas Cheek, Sir John Strangewayes, Mr. Arthur Goodwin, Mr. Hampden, Alderman Soam, Alderman Pennington. Resolved upon the question, That the place of payment shall be the Chamber of London. Resolved upon the question, that a safe conduct shall be granted for the secure transporting of the monies to Scotland, at the terms of Payment agreed upon at the charge of the Scots, Conform to the Paper, June 22. 1641. years. To the seventh Demand, desiring that as his Majesty hath approved the acts of the late Parliament, wherein all such Declarations, Proclamations, Books, Libels, & Pamphlets as have been made, written, or published against his loyal and dutiful subjects of Scotland, are re-called, and ordained to be suppressed, and destroyed, So his Majesty may be pleased to give order that the same may be suppressed, recalled, & forbidden in England and Ireland, and that the loyalty, integrity, and faithfulness of his Majesty's subjects of Scotland towards his Majesty's Royal Person & Government, may at the closing of this Treaty of Peace, and at the time of public thanksgiving for the same, be made known in all places, and all Parish Churches of his Majesty's Dominions. This was the more earnestly desired, & confidently expected from his Majesty's Justice & goodness, Because no calamity or distress hath so sore vexed, or so deeply wounded the hearts of his Majesty's Subjects, as that their loyalty and love towards their Native King should have been controverted, & by the malignancy of bad Instruments brought into suspicion; And because they unfeignedly desire, & pray for his Majesty's happiness, and are resolved by all means, and at all occasions to deny themselves, and what they have for his Majesty's Honour: As is more fully contained in the Paper of the 8. of February 1641. Stilo Scotico. It is answered upon the 10. of February 1641. Stilo Scotico. We do agree, that all declarations, proclamations, acts, books, libels, and pamphlets that have been made, & published against the loyalty & dutifulness of his Majesty's subjects of Scotland, shall be recalled, suppressed, & forbidden in England & Ireland. And that this be reciprocal in Scotland, if any such have been made, or published there in prejudice of his Majesty's honour: And this upon diligent inquiry to be done by the authority of the Parliament next sitting in Scotland, of which the Commissioners of Scotland do promise to have an especial care: And we do also agree, that when it shall please Almighty God to grant a happy close of this Treaty of Peace, the loyalty of his Majesties said Subjects shall be made known at the time of public thanksgiving in all places, & particularly in the Parish Churches of his Majesty's Dominions. Unto which we are the rather induced, for that you express how deeply it hath wounded the hearts of his Majesties said Subjects, that their loyalty & love to his Ma.tie their native King should be brought in question, & suspicion: Whereas they unfeignedly desire & pray for his Majesty's happiness, & are resolved by all means, & at all occasions to deny themselves, & what they have, for his Majesty's honour, 10. Febr. 1641. stilo scotico. Concerning the eighth Demand, for an happy and durable Peace, which is the chiefest of all our desires, and unto which all the former seven Articles being now agreed upon, are as many Preparations. We do first of all desire, that all monuments, tokens, & shows of hostility upon the borders of the two kingdoms may be taken away, & that upon the reasons & considerations particularly expressed in the paper, of the 10. of Febr. 1641. stilo scotico. That not only the Garrisons of Barwick, and Carlisle may be removed, but that the works may be slighted, and the places dismantled. It is answered, and agreed upon the 14. of June, That his Majesty is desirous, that all things betwixt the Kingdoms of Scotland and England, be reduced into the same state they were in, before the beginning of the late troubles. And therefore He doth give his Assent to the advice of the two Houses of Parliament, that the Garrisons of Berwick and Carlisle, upon the disbanding of the Scottish Army now in England, and of all such Forces as are gathered together in Scotland, be likewise presently removed: And that the Fortifications of Barwick and Carlisle be also reduced to the same condition they were before the late troubles. So that all Fortifications in Scotland be likewise put in the same condition they were before the said troubles; And that the Works be not repaired, but suffered to decay, and that the Ordinance, and Ammunition be removed: And that it be without prejudice to his Majesty's former grant of the second Demand, Concerning the keeping of the Castles of the Kingdom of Scotland, 14. of June, 1641. To their desire concerning unity in Religion, & uniformity of Church-government, as a special means for conserving of Peace betwixt the two Kingdoms, upon the grounds and reasons contained in the Paper of the 10. of March given into the treaty and Parliament of England. It is answered, upon the 15. of June, That his Majesty, with the advice of both Houses of Parliament, doth approve of the affection of his Subjects of Scotland, in their desire of having Conformity of Church-government between the two Nations, and as the Parliament hath already taken into consideration the Reformation of church government, so they will proceed therein in due time, as shall best conduce to the glory of God, the peace of the Church, & of both Kingdoms; 11. of June 1641. To their desire of the King's Majesty, and the Prince their coming, and residing some times in Scotland, upon the reasons given in, February 16. 1641. Stilo Scotico. It is answered upon the 9 of June, that his Majesty doth take in good part the sense his Subjects of Scotland have of his absence, and the dutiful expression they make of their desire to have Him, and the Prince his Son frequently among them; and assuring himself that they have no other intention in this Demand, but merely to express their love to his Person, and the welfare of his ancient Kingdom, He declares unto them, that as he shall find the urgency of those affairs require his presence, and his other conveniences here permit, He will repair thither, and the Prince his Son, so fare as he may know and be acquainted with the People there, 9 of June 1641. To the desire concerning the manner of choosing and placing of the officers of State, Counsellors, and Sessioners, within the Kingdom of Scotland by advice of the Parliament, upon the grounds and reasons given in, March 15. 1641. Stilo Scotico. It is answered the 9 of June, in his Majesty's name; We intent nothing more hearty, and really then that our People shall be governed by the Laws of the Kingdom, and that all Judges in their several Judicatories should judge accordingly. Therefore we will never allow nor permit, that either Counsellors, officers of State, or Judges be exemed from our, & our Parliaments trial and censure, for the discharging of their duties in their several offices, and places; Likewise we conceive that nothing will more conduce to the good of our service, and the peaceable and happy government of the Kingdom, than that officers of State, places of Council and Session, and other Judicatories be provided with honest, able, and qualified men. For which end, and because of our necessary absence from that Kingdom, which maketh the qualification of Persons fit for places less known to us, We shall so far give ear to the Informations of our Parliament, and when our Parliament is not sitting, of our Council, and College of Justice, as that we shall make choice of some one of such, as they by common consent upon the vacancy of the place shall recommend unto us: Or if we shall conceive another person to be fit than any of these recommended, we shall make the same known to the Parliament, or in the time between Parliament, to out Council and Session, that from them we may be informed of the Qualification and Abilities of the person named by us, to the effect, that if by their Information it shall appear to us, that there is just exception against the life, and qualification of the said party, we may timely nominate some other, against whom there shall be no just exception. By which means we doubt not, but that we shall from time to time choose such honest men, as for their known Integrities and Abilities shall be fit to discharge their places, and Offices, with that duty and sufficiency which we and our Subjects may justly expect. Which intention of ours being now so clearly and fully expressed, we doubt not, but will give good satisfaction to our ensuing Parliament. And as we never intended to remove just and able men from their places in the College of Justice: So do we now declare for our people's full satisfaction, that their places shall provided unto them, Quam diu se bene gesserint. And if this our Answer cannot content the Scottish Commissioners, We do then remit the whole Answer to be considered by us, or our Commissioner, and the Parliament, at the next sitting thereof, 9 of June, 1641. To their desire of placing some Scottish men of respect about the King; and Queen's Majesties, and the Prince's Highness, upon the grounds and reasons given in the 9 of April, 1641. It is answered, His Majesty's goodness, and grace towards his Subjects of Scotland in placing them about his own Person, in places of greatest nearness and trust, hath been such, as aught to give them full satisfaction of His Royal Affection towards His Subjects of His Native Kingdom. Therefore, for this point, His Majesty needeth only to assure them that he shall continue the same care, which hitherto he hath done for their satisfaction in this particular: and not only so, but shall also recommend the same to the Prince his Son, that successively the Kingdom of Scotland shall so taste of the care of their Sovereigns, That by the Grace of God, they shall never want a sufficient number of honest, and sufficient persons of that Nation about the King's Person and Princes, against whom there shall be no just exception, the 9 of June, 1641. To their desire that none may have place about his Majesty, and the Prince, but such as are of the reformed Religion, in manner expressed in the paper. 1. April 1641. It is answered, His Majesty doth conceive, that his Subjects of Scotland have no intention by this proposition, (especially by way of demand) to limit, or prescribe unto him the choice of his Servants, but rather to show their zeal to Religion, wherein his own piety will make him do therein that which may give just satisfaction to his people, 9 June 1641. To their desire given in the first of April, concerning the Copper Coin. It is answered, Whereas the Scottish Commissioners have represented unto his Majesty, the great prejudice sustained by the Kingdom of Scotland, through the coining of Copper money, which hath passed there this long time bygone, for seven times and above as much as the true value and worth thereof, contrary to the continual custom of that Kingdom, And therefore desiring that no Copper money be coined hereafter, without consent of the Estates convened in Parliament, who may remedy the present prejudices the Country sustains thereby: And who upon good consideration of the necessity thereof in time to come, may appoint such a competent proportion as is fit, and as the Country shall require for the use of the poor, and for change in buying and selling of commodities, and that the same shall not pass, but according to the intrinsic value thereof, with the allowance of a tenth part or such a proportion as the Parliament shall think fit to allow for the impression, and workmanship in coining. His Majesty is graciously pleased to recommend to the ensuing Parliament of Scotland the whole matter of copper coin, and remits to their consideration to take such order therein as they shall think fitting, not only concerning the copper coin to be coined hereafter, but also the copper money already coined, how the same shall take vent, and pass in payment in time coming, Conform to the paper of the ninth of June, 1641. CONCERNING AN ACT OF Pacification and Oblivion. IT is agreed unto, that in the approaching Parliament of Scotland there shall be an Act of Pacification, declaring that the late commotions, and troubles arising from the innovations of Religion, and corruption of Church Government, by the mercy of God, and the King's Royal wisdom, and Fatherly care, are turned into a quiet calm and comfortable Peace, lest either his Majesty's love, or the constant loyalty of his Subjects in their Intentions and Proceed be hereafter called in question, and that such things as have fall'n forth in these tumultuous times, while Laws were silent, whether prejudicial to his Majesty's Honour and Authority, or to the Laws and Liberties of the Church and Kingdom, or to the particular interest of the Subject, (which to examine in a strict court of Justice might prove an hindrance to a perfect peace) may be buried in perpetual Oblivion: So it is expedient for making the Peace and Unity of his Majesty's Dominions the more firm and faithful, and that his Majesty's countenance against all fears may shine upon them all the more comfortably, that an Act of Pacification and Oblivion be made in the Parliaments of all the three Kingdoms, for burying in forgetfulness all Acts of hostility, whether between the King and his Subjects, or between subject and subject, or which may be conceived to arise upon the coming of any English Army against Scotland, or coming of the Scottish Army into England, or upon any Action, Attempt, Assistance, Counsel, or Advise having relation thereunto, and falling out by the occasion of the late troubles preceding the conclusion of the Treaty, and the return of the Scottish Army into Scotland, That the same, and whatsoever hath ensued thereupon, whether trenching upon the Laws and Liberties of the Church and Kingdom, or upon his Majesty's Honour and Authority, in no time hereafter may be called in question, nor resented as a wrong Nationall, or Personal, whatsoever be the quality of the person, or persons, or of whatsoever kind or degree, Civil or Criminal, the injury is supposed to be, and that no mention be made thereof in time coming, neither in judgement, nor out of judgement, But that it shall be held, and reputed, as though never any such thing had been thought, nor wrought. And this to be extended, not only to all his Majesty's subjects now living, but to their Heirs, Executors, Successors, and all others whom it may concern in any time to come. And for that end, that by the tenor of this Statute, all Judges, Officers, and Magistrates whatsoever, be prohibited and discharged of directing of Warrants for citation, processing, or executing any sentence or judgement upon Record, or any way molesting any of his Majesty's liege's concerning the premises in all time coming. Like as that his Majesty for himself and his Successors, promiseth in verbo Principis, never to come in the contrary of this Statute and Sanction, nor any thing therein contained, but to hold the same in all points, firm, and stable, And shall cause it to be truly observed by all His Majesty's Liege's, according to the tenor and intent thereof for now and ever, And that in all time coming these presents shall have the full force and strength of a true and perfect security, as if they were extended in most ample and legal form. Providing that the benefit of the said Statute shall no ways be extended to any of the Scottish Prelates, or to John Earl of Traquair, Sir Robert Spotswood, Sir John Hay, and Master Walter balcanqual, cited and pursued as Incendiaries betwixt the Kingdoms, and betwixt the King and his People, and for bribery, corruption, and many other gross crimes contained in their charges general and special, nor to any other persons, who are cited, and shall be found by the Parliament of Scotland, in his Majesty or his Commissioners their own hearing, to be so extraordinarily guilty of these and the like crimes, as they cannot in justice, and with the honour of the King, and Country, pass from them. Provided further that the benefit of this Act shall not be understood to extend to the favour of Thiefs, Robbers, Murderers, Broken men, Sorners, Outlaws, nor their Receptors, With reservation also of the legal pursuits and processes of the Scots in Ireland, for the reparation of their losses according to justice, against such who have illegally wronged and persecuted them, since by one of the Articles of the Treaty they are appointed to be restored to their means and estate. It is also to be understood, that nothing is meant hereby to be done in prejudice either of the payment of the debts owing upon promise or security, by the Scottish Army to any of the Counties, or to any person there, (the same being instructed before the removal of the Scottish Army) or of the Arrears due to the Scottish Army, or to that brotherly assistance granted them by the Parliament of England. That the great blessing of a constant and friendly conjunction of the two Kingdoms now united by allegiance, and loyal subjection to one Sovereign and Head, may be firmly observed, and continued to all Posterity, it is agreed that an Act be passed in the Parliament of England that the Kingdoms of England or Ireland, shall not denounce, nor make war against the Kingdom of Scotland, without consent of the Parliament of England, As on the other part it shall be enacted there, that the Kingdom of Scotland shall not denounce nor make war against the Kingdoms of England or Ireland, without consent of the Parliament of Scotland. No ships either of the Kings or Freebooters, or others, shall stop the trade of the Kingdom, or hinder, or harm their neighbour Kingdom without consent of Parliament declaring a breach of Peace, And if any armies shall be levied, or trade stopped and Neighbours harmed, or wronged, the States of the Country by which it is done to be obliged to pursue, take, and punish the offenders with all rigour, And if any of the Kingdoms assist, receive, or harbour them, they are to be punished as breakers of the Peace, And if after complaint and remonstrance to the Commissioners after mentioned, and to the Parliament, redress, and reparation be not made, then, and in that case, the same to be counted a breach of the Peace by the whole Kingdom, And in case any of the subjects of any of the Kingdoms shall rise in arms, or make war against any other of the Kingdoms, and subjects thereof, without consent of the Parliament of that Kingdom, whereof they are subjects, or upon which they do depend, that they shall be held, reputed, and demained as traitors to the States whereof they are subjects, And that both the Kingdoms in the cases aforesaid be bound to concur in the repressing of these that shall happen to arise in Arms, or make war without consent of their own Parliament, And that the way of convening Forces for suppressing such as levy war be as in case of Invasion, Provided that this be not extended to particular quarrels upon the borders, And that it be enacted that in such case, It shall be lawful for any of the subjects to convene to suppress such evil affected persons, And that each Kingdom shall be bound by public faith punctually to perform this Article: And if either parliament shall denounce war, they shall give three month's warning. That the Peace to be now established may be inviolably observed in all time to come, It is agreed, that some shall be appointed by his Majesty, and the Parliaments of both Kingdoms, who in the interim betwixt the sitting of the Parliaments may be careful that the peace, now happily concluded, may be continued, and who shall endeavour by all means to prevent all trouble and division: And if any debate or difference shall happen to arise to the disturbance of the common peace, they shall labour to remove, or compose them according to their power, It being supposed, that for all their proceed of this kind they shall be answerable to the King's Majesty, and the Parliaments: And if any thing shall fall forth, which is above their power, and cannot be remedied by them, they shall inform themselves in the particulars, and represent the same to the King's Majesty, and the ensuing Parliaments, that by their wisdom and authority all occasions, and causes of troubles being removed, the peace of the Kingdom may be perpetual to all Posterity. And it is declared, that the power of the Commission shall be restrained to the articles of peace in this treaty. Whereas it is desired, that an Act may be made in the Parliament of England for ratifying of the Treaty, and all the Articles thereof, which is likewise to be ratified in the Parliament of Ireland (which in all the Articles is comprehended under the name of England) and after the Treaty is confirmed in the said English Parliament, and all other necessary conditions performed, and Armies on both sides shall at a certain day to be appointed for that effect, remove and disband: So that when the Scottish Army shall remove from Newcastle, the English Army shall likewise be disbanded, and repair home to their several Countries, and places of their residence, and the Irish Army to disband before that time, that hereafter a quiet and durable peace may be kept according to the Articles. And that this Treaty and whole proceed thereof may be likewise ratified in the Parliament of Scotland, and a firm Peace established, It is desired, that his Majesty may be graciously pleased now to declare, That the ensuing Parliament of Scotland shall have full and free power, as the nature of a free Parliament of that Kingdom doth of itself import, to ratify and confirm the Treaty, and whole Articles thereof, and to receive account of all Commissions granted by them, examine their proceed, and grant exonerations thereupon, And to treat, deliberate, conclude and enact whatsoever shall be found conducible to the settling of the good and peace of that Kingdom. And that his Majesty's Commissioners shall be authorized with full power to approve whatsoever Acts and Statutes which upon mature deliberation shall happen to be accorded unto by the Estates in that behalf, and shall sit and continue without interruption or prorogation, while all things necessary for that effect be determined, enacted and brought to a final conclusion, unless for better conveniency of affairs his Majesty's Commissioner, with the special advice and consent of the Estates shall think fit to adjourn the same to any other time, which shall no ways derogate from the full and perfect concluding of the whole premises, before the said Parliament be dissolved. This whole Article is assented unto, but in so fare as concerns the days and circumstances of disbanding to be agreed upon. Forasmuch as the several jurisdictions, and administrations of Justice in either Realm may be deluded or frustrated by delinquents for their own impunity, if they shall commit any offence in the one Realm, and thereafter remove their persons, and make their abode in the other: Therefore that no person sentenced by the Parliament of either Nation as Incendiaries betwixt the Nations, or betwixt the King and his people, shall enjoy any benefit, Civil or Ecclesiastical, or have any shelter, or protection in any other of his Majesty's Dominions, Like as where Malefactors, and Criminals guilty of the crimes mentioned in the Act of Parliament 1612. Cap. 2. and others of that nature, and committed by Scottishmen within the Kingdom of England or Ireland, or any part thereof, are taken and apprehended in England or Ireland, that it shall be lawful to the Justiciars of England or Ireland to remand them to Scotland, as the Act bears: And further, if any Malefactors committing crimes in Scotland, England, or Ireland, being duly processed in the Kingdom where the crimes are committed, and being Fugitives, and remaining in any other of the Kingdom's foresaid, that the Judges of either Kingdoms shall be holden at the instance, and suit of the party offended, to take and remand the Criminals and Malefactors to the Kingdoms where the Crimes were committed, And the like Act to be made in Scotland, and this Act would be extended as well to debts as crimes: And what further is requisite concerning this and other particulars, for settling of Peace in the middle shires, and accelerating Justice upon delinquents, both Civil and Criminal, Is to be considered by the Committee to be appointed for that effect. It is answered, that such persons as shall be Natives in either Kingdom, and shall commit any offence in the Realm whereof they shall be Natives, and shall afterwards remove their persons into the other, and such persons as shall be inhabitants in either Kingdom, and shall commit any offence in the Realm, where they shall be inhabitants during the time of their habitation there, and shall afterwards remove their persons into the other, and shall be for that same censured by the Parliament of that Nation where the offence was committed, as Incendiaries betwixt the Nations, or betwixt the King and his people, shall not enjoy any benefit, Civil or Ecclesiastical, or have any protection in any other of his Majesty's Dominions, And that such Scotish Natives, incensing the King of England against the Kingdom of Scotland, shall be remanded at the desire of the Scottish Parliament into Scotland to abide their trial and censurethere, so that the same be reciprocal to both Nations, but other criminals and Debts to be referred to the Laws. THE PROPOSITIONS AND ARTICLES Given in by the Scots Commissioners, after the Lord Loudoun his return from the Parliament of Scotland. THat the Treaty of Peace may be brought to a speedy and happy close, we did offer to your Lordship's consideration the particulars following: 1 That so soon as the Scottish Army shall remove out of England to Scotland, the English Garrisons of Barwick and Carlisle should remove, simul & semel. 2 Lest Malefactors, who have committed Theft, Murder, and the like crimes, crave the benefit of the Act of Pacification and Oblivion, (for whom it is no ways intended) there would be an exception from the said Act of all Legal pursuit intended or to be intended within the space of an year after the date of the Treaty. Again, all Thiefs, Sorners; Outlaws, Fugitives, Murderers, Broken men, or their Receptors for whatsoever Theft, Reifs, Harships, Oppressions, Depredations, or Murder done or committed by them, and all lawful Decrees given, or to be given by the Parliament, or any Commissioners to be appointed by them for that effect, who shall have power to dignosce and take cognition, whether the same falls within the said Act of Pacification and Oblivion, or not. 3 It is desired, that the demand concerning the not making or denouncing of war with Foreigners, without consent of both Parliaments, may be condescended unto by the King and Parliament of England, which is ordinary and universally observed in all mutual Leagues which are both defensive and offensive. And because the wars denounced by one of the Kingdoms with Foreigners, although made without consent of the other Kingdom, will engage them by necessary consequence, or if the consideration of that Proposition shall require longer time than the present condition of the important affairs of the Parliament may permit, and lest the speedy close of the Treaty be thereby impeded, It is desired, that this Demand, with the two other Articles of the same nature, the one concerning Leagues and Confederations, and the other concerning mutual supply in case of foreign invasion, may all three be remitted to Commissioners, to be chosen by both Parliaments, who shall have power to treat and advise there upon for the good of both Kingdoms, and to report to the Parliaments respectiuè. 4. It is desired, That the Articles concerning Trade and Commerce, Naturalisation, mutual Privilege and Capacity, and others of that nature already demanded, may be condescended unto by the King and Parliament of England, And namely, that demand about the pressing of ships or men by Sea or Land: Or if shortness of time and exigency of affairs may not permit the present determination of these Demands, It is desired that the same (except so many of them as are already agreed unto by the Commissioners for Trade) may be remitted to the Commissioners to be chosen by both Parliaments, who shall have power to treat and advise thereof for the good of both Kingdoms, And to make report to the Parliaments respectively. And that the Charters or Warrants of the Scottish Nation for freedom of shipping in England or Ireland, from all Customs, Imposts, Duties, and Fees, more than are paid by the Natives of England and Ireland, granted by King James under the broad Seal of England, upon the eleventh of April, the thirteenth year of his Reign, and confirmed by King Charles, the nineteenth of April, the eighth year of his Reign, may be ratified and enacted in the Parliament of England. 5. That the extracts of Bands and Decreets put upon Record and Register in Scotland, may have the like faith and execution as the French Tabelliones have in England or Ireland, seeing they are of alike nature, and deserve more credit: and if this cannot be done at this time, that it be remitted to the former Commission from both Parliaments. 6. The manner of safe conduct for transporting the money from England to Scotland by Sea, or Land, would be condescended upon in such a way as the charges be not exorbitant. 7. The tenor of the Commission for conserving of peace would be condescended unto, together with the times and places of meetings, and whole frame thereof: the draught whereof, when it is drawn up in England, is to be represented to the Parliament of Scotland, that they may make like Commission, and name their Commissioners for that effect. 8. The Parliament of Scotland do join their earnest & hearty desire, and crave the Parliament of England's concurrence, that none be in place about the Prince his Highness, but such as are of the reformed religion. 9 That an Act of Parliament of public faith for payment of the 220000. pounds of the brotherly assistance which is arrear, may be presently framed, and expedited according to the terms agreed upon. 10. It is desired, that the Quorum to whom the Scots should address themselves for payment of 220000. pounds, be condescended upon. 11. That the order for recalling all Proclamations etc. made against his Majesty's subjects of Scotland, be drawn up, and intimated in due form and time, with the public thanksgiving at all the Parish Churches of his Majesty's Dominions. 12. It is desired, that the Articles concerning the Castle of Edinburgh, and other strengths of that Kingdom may be understood to be, that the same shall be disposed of for the weal of the Kingdom, as the King and Parliament shall think expedient. THE ENGLISH LORDS COMmissioners answer. THat upon the disbanding of the Scottish Army, the Garrisons of Barwick and Carlisle shall be removed, according to the Article of the Treaty on that behalf. The second Article is condescended unto, according to the provision added to the Act of Oblivion and Pacification. 3.4.5.6. The third demand concerning the making of war with foreigners, with the other two Articles concerning Leagues and Confederations, and concerning mutual supply and assistance against foreign invasion, is agreed to be referred to Commissioners to be chosen by his Majesty and the Parliaments. As likewise the 4.5. and 6. Articles, concerning Trade, Commerce, Naturalisation, mutual privilege and capacity, and others of that nature, and the demands concerning the extracts of Bands and Decreets, and the manner of safe conduct for transporting of moneys from England to Scotland, are all referred to be taken in consideration by the Commissioners to be appointed by both Parliaments, who shall have power to advise and treat thereupon, and report to the Parliaments respectively. 7 It is just that the tenor of the Commission for conserving of peace should be agreed upon by mutual consent, but the closing of the treaty not to stay hereupon, but to be left to the Commissioners to be named. 8 To that desire concerning such as should be placed about the Prince; the King hath already given a clear and satisfactory answer. 9 That there be an Act of Parliament of public faith, for securing the payment of 220000 pounds, which is arreare of the brotherly assistance, is just, and order is given for it accordingly. And it shall be communicated with the Scottish Commissioners that it may be a perfect security. 10 The tenth, for appointing a Quorum for attending the payment of the money, is already moved to the parliament, & will be done as is desired. 11 The eleventh article is very just, and order shall be given accordingly for recalling all Proclamations, etc. and for public Thanksgiving. 12 This Article for the Castle of Edinburgh and other strengths of Scotland, is to be settled betwixt his Majesty and the Commissioners of Scotland, or by his Majesty and Parliament of Scotland. All which Articles are assented unto, and approved by his Majesty, with advice of the Parliament of England, and by the Committees of the Parliament of Scotland, and are necessary, for public declaration of mutual consent, and for firm observation, to be confirmed and ratified in the Parliaments of both Kingdoms. BE it therefore enacted by his Majesty, with the assent of the Lords and the Commons in this present Parliament assembled, that the said Treaty, and all the Articles thereof, assented to, as aforesaid, be and stand for ever ratified, and established, and have the force, vigour, strength and authority of a Law, Statute, and Act of Parliament. Like as this afore-written Treaty, and whole Articles thereof, are by his Majesty and the States of the Parliament of Scotland, enacted and ordained to have in all time coming the full force and strength of a true and perfect security, and Act of the said Parliament. And his Majesty for himself, and his Successors doth promise, in verbo principis, never to come in the contrair of this Statute & Sanction, nor any thing therein contained, but to hold the same in all points firm & stable, and shall cause it to be truly observed by all his Majesty's Liege's, according to the tenor and intent thereof for now & ever. Like as the Parliament of both Kingdoms give full assurance, and do make public faith in name of both Kingdoms respectively, for the true and faithful observance of this Treaty, and whole Articles thereof inviolably, hinc inde, in all times to come. Like as his Majesty, with advice of the estates of Parliament, commands the clerk of Parliament, to insert and registate the same in the books of Parliament, and to give the extract of this Act under his hand to the director of the chancellary, Whom they command to write the same to the great Seal, and the keeper of the great Seal to append the great Seal thereto. And declares that the same being so sealed and returned to the Parliament of England, is and shallbe unto them a full and perfect security, By this their act, given at Edinburgh the 26. of August 1641. years. ACT. VII. ACT DISCHARGING JAMES BANNATINE His patent of the pearling. Ultimo Augusti, 1641. OUr Sovereign Lord and Estates of Parliament, having read and considered the reasons, grievances and prejudices given in, and complained upon in this present Parliament against the gift and patent granted to James Bannatine in leith anent the pearling, and finding the famine gift and patent hurtful and prejudicial to the country and liege's: Have therefore rescinded, retreited, cassed, annulled and discharged, and by the tenor hereof, rescinds, retreits, casses, annuls and discharges simpliciter, the foresaid gift & patent granted to the said James Bannatine anent pearling, And declares the famine gift and patent to be extinct, null and ineffectual in all time coming. And also our said Sovereign Lord, with advice and consent of the estates of Parliament, prohibits and discharges all importation and inbringing of foreign pearling within this kingdom in any time coming, under the pain of confiscation thereof to his Majesty's use. And siclike our said Sovereign Lord, with advice foresaid renews the act of Parliament made, in anno, one thousand six hundred twenty one years, Entitled anent banqueting and apparel, in the second head and article thereof, viz. That no person of whatsoever degree shall have pearling or ribbining upon their ruffs, bands, serkes, napkins and socks, except the persons privileged in that act: And the pearling and ribbining to be so wome by them (if any be) to be of these made within the kingdom of Scotland, under the pain of an hundred pounds toties quoties, as the said act in that article thereof bears: And ordains the famine act in that head and article foresaid, to have full strength, force and execution, and to stand as a Law, conform to the tenor thereof. ACT VIII. ACT DISCHARGING UNLAWFUL Marriages, 1. September, 1641. OUr Sovereign Lord and Estates of this present Parliament, considering the great abuse and dangerous evil that hath followed, and may follow upon frequent marriages of the persons Inhabitants within this kingdom, going to the neighbour Kingdoms for getting themselves married there, which they could not obtain in this Kingdom by the laws and constitutions thereof, Therefore, and for remedy of that evil, and for preventing such in time coming, prohibites and discharges all men and women, having both their ordinary residence within this Kingdom, to get marriage to themselves with others within the Kingdom of England, or Ireland, without Proclamation of Banes here in Scotland, and against the order and constitutions of this Church or Kingdom, under the pays following: viz. for ilk Nobleman so married, one thousand pounds, for ilk landed Gentleman one thousand marks, for ilk Burges five hundred pounds, and for ilk other substantious person five hundred marks, for a Yeoman one hundred pounds, for ilk person of inferior quality one hundred marks: The one half of the which penalties shall belong to the King, the other to the Parish or Parishes where the married parties did reside: And ordains the King and Kirks Advocate to pursue before the civil Judge therefore: And in case of the poor condition of any man married in manner foresaid, Ordains him to be punished by stocks or irons: Which pains corporal and pecunial shall no ways be prejudicial or derogate from the order and censures of the Kirk, to be inflicted against the delinquents. ACT IX. ACT ANENT NON-COVENANTING Patrons, 2. September 1641. OUR Sovereign Lord and Estates of Parliament, considering, that all his Majesty's subjects within this Kingdom are by Acts of Parliament ordained to subscribe their Nationall Oath and Covenant, Therefore his Majesty and Estates ratify and approve the Act of Parliament made by his Majesty's dearest Father of blessed memory, Parl. 1. c. 9 whereby it is ordained, that no person be Judge; Procurator, Notar, or Member of Court, who professeth not the true Religion, together with the Act of ratification thereof, with the addition and declaration thereof therein contained, made by his Majesties said umwhile Father, Parl. 20. cap. 3. And finds and declares, that the said's Acts shall be extended to all persons whatsoever, who have not subscribed, or refuse to subscribe the said National Oath and Covenant. And such like finds and declares, That where any of the said's refusers to subscribe have right to presentation of Kirks, that it shall not be lawful to them, to present any persons to the Kirks vacand, but that the planting of the said's Kirks and admitting of Ministers thereto, and to the stipends and provisions thereof, upon sure and calling of the Congregation, shall pertain pleno jure, to the Presbyteries, within the which the said's Kirks lie, ay and while the said's patrons subscribe the said's Nationall oath and Covenant. ACT X. ACT FOR FREEING OF VICCARAGES, Provided to Ministers for their stipends, of taxations. 2. September, 1641. OUr Sovereign Lord and Estates of Parliament, considering the distractions that Ministers are brought into, and other prejudices and losses sustained by them, by taxations craved of viccarages, which are assigned and provided to them as a part of their stipends, in so far as they are assigned and provided: and that it is against all reason and equity, and former Acts of Parliament, That Ministers stipends should be burdened with impositions and taxations: Therefore Statutes and Ordains (for eschewing of these inconveniences and prejudices) that no viccarages teinds, nor rents thereof assigned and provided, or to be assigned and provided to Ministers as a part of their stipends, be burdened or affected with any taxations of impositions bygone, resting, owing, unpayed, or in time coming, in so far as can be extended to the said's teinds, and rents of viccarages assigned, or to be assigned to them, and whereof they are, or shall be in possession by the saids assignations: But declares the same to be free thereof in all time coming. ACT XI. ACT ANENT RAISING OF MALICIOUS Suspensions, against Ministers, Colleges, Schools and Hospitals. 9 September 1641. OUr Sovereign Lord and Estates of Parliament, considering the great inconveniences that the Ministers of this Kirk are brought into, by malicious delays, or refusing of the payment of their stipends, by unreasonable suspensions, or by contempt of decreets obtained against persons oblished for payment of their stipends, and that the Ministers charges are so exorbitant in the suit of law, that their stipends craved will not defray the ●ame, and that they are exceedingly distracted from their callings, to the great prejudice of their congregations, and that they do suffer many other prejudices and losses: Therefore Statutes and Ordains, that no suspensions be hereafter granted against Ministers charging for their stipends, without consignation of the sums of money charged for, if the stipend consist in money: or of an hundreth marks for ilk chalder of victual, and of the just proportion of an hundreth marks for ilk quantity of victual under a chalder, if the stipend consist in victual, where the same is not converted: and where the same is converted, upon the consignation of these sums whereunto the victual is liquidate and converted. Which consignation of money for victual as abovesaid, is without prejudice to the judges, to decern the greater or lesser price for victual charged for, according to the probation: Providing always, that if the person charged make real and timous offer to the minister at his dwelling house, or (at the least) at the place where he is obliged or accustomed to deliver the said victual, before a notar and two witnesses, at the least, of the whole victual adebted or charged for, in good and sufficient stuff at the terms of payment thereof, lawful requisition being first made to the minister to receive the same before a notar and witnesses, as said is, than the person charged for, shall not be astricted to consign money for victual in manner foresaid. And such like it is provided, that the judge shall discern twenty marks of expenses for ilk hundred marks (at the least) against the malicious charger or suspender. And in case any person charged for ministers stipends shall contemptuously go to the horn and lie thereat, Our Sovereign Lord and Estates foresaid, Statutes and ordains, that the donators to the single or life-rent escheat of the rebel, having writ either from his Majesty or any Lords of regality, or any superiors whatsoever intrometters with the saids escheat, goods and geir, nails and duties of Lands, or Tithes falling within the compass of the said escheat, single or life-rent, and all and whatsoever intrometters shall be liable in payment of the ministers stipends, and of all charges, penalties and damage which the said rebel should have been liable to himself, and that actions shallbe competent therefore against them, Providing the causes of the horning, whereupon the gift is taken, and the expenses of the passing thereof be first satisfied, and that the donator hath intrometted or might have intrometted with as much as might have paid the ministers stipend: and that no suspension shallbe granted of decreets obtained against the said donators and intrometters but in the manner foresaid. And our Sovereign Lord and Estates foresaid declares, that this Act shallbe extended to universities, colleges, schools and hospitals, masters and members thereof, for the more ready and thankful payment to them of their stipends, provisions, mortifications, revenues, and their duties whatsoever. ACT XII. ACT FOR ABOLISHING OF MONUMENTS Of Idolatry. 10. September. 1641. OUr Sovereign Lord with consent of the Estates of Parliament, understanding, that the general Assembly of the Kirk hath by their special Act, made 30. July, 1640. Sess. 3. Ordained all Idolatrous Images, Crucifixes, Pictures of Christ, & all other Idolatrous Pictures, to be demolished and removed forth, and from all Kirks, Colleges, Chapels, and other public places. Therefore ordains all Presbyteries to take diligent trial of all idolatrous Pictures and Images, being within Kirkes', Colleges, Chapels, and other public places, and after trial intimate the same, first to the owners and parties themselves, that they may remove the fame: and in case they do neither appeal presently from the presbytery in the ordinary way to the Synod and general Assembly, nor remove them within the space of three months, then to intimate the same to all Sheriffs, Stewards, Bailiffs, Magistrates of burgh's or Regalities, within the which the same shall be found: and ordains them upon the requisition to be made to them by the saids Presbyteries, Moderator, or Brethren thereof, to raze, demolish, abolish, cast down or deface all these Idolatrous Images, Pictures, and other idolatrous monuments foresaids, according as they shall be enjoined and directed from the said's Presbyteries from time to time, ilk one of them, within their own bounds and jurisdiction respectiuè, except in the case of appellation aforesaid: And if the Presbyteries be negligent, that they be censured by the Synods and general Assemblies, and the Sheriffs, and other officers foresaid (in case of their negligence,) to be censured by the secret Council, as they shall think reasonable: And prohibites, and discharges all making of any such Images or idols, and all up-putting of the same in all time coming under all highest pains, to be inflicted upon the contraveeners thereof. ACT XIII. ACT ANENT NON-COMMUNICANTS And Excommunicate Persons. 10. September 1641. OUR Sovereign Lord and Estates of Parliament, Ratifies the two Acts of Parliament anent the escheats of excommunicate persons made by his Majesty's Father of blessed memory, one thereof Par. 14. cap. 197. and the other Par. 20. cap. 3. with the addition and declaration following, that no gift of escheat past or to be passed upon excommunication, or horning upon excommunication shall be vallid, but the 'samine is declared to have been, and to be null in all time coming, by way of exception or reply: and declares the said's two Acts ratified, as said is, with the addition foresaid made thereto, to be extended to all excommunication pronounced, or to be pronounced against whatsoever person or persons, and for whatsoever causes: And further, His Majesty and Estates foresaid, Ratifies and approves the Act made by his Majesty's Father, Par. 16. cap. 17. anent non-communicants every year once, with this declaration and addition, that the penalties of the contraveeners, modified in the said Act, be payable in all time coming to the several Presbyteries within the Jurisdiction, whereof the contraveeners dwell, to be applied by them ad pios usus: And that the said Presbyteries, or any they appoint, shall have power to crave, receive and pursue for the same. And further, Our Sovereign Lord and Estates foresaids, for the greater terror and the more effectual reclaiming of all excommunicate persons, declares that all persons whatsoever, according to the degrees and qualities mentioned in the said Act, lying under the sentence of excommunication, shall be liable to the pains and penalties therein contained, and that yearly after the sentence of excommunication, ay and while they be relaxed therefrom, and reconciled to the Kirk: And also declares, that the said yearly penalties against excommunicate persons shall pertain to every paroch Kirk, and Kirk session, in burgh or land-ward, within their own bounds, to be applied ad pios usus: And that they, or any person they appoint, shall have power to crave, receive, and pursue the famine, to be applied to the pious uses of the several paroch Kirk sessions, where the contraveeners dwell: And in case of the paroch church sessions their slackness, the Presbytery to exact after the expiration of year and day after the contraveening. And further declares the donators to the excommunicate persons their simple escheat and life-rent, and all other intrometters with their goods and geir and live, shall be liable to the payment of the said's pains and penalties in the 'samine manner, as the excommunicate persons are liable themselves. And because in the said Act there is no particular penalty modified against Burgesses, Therefore His Majesty and Estates foresaids, ordains every Burges that bears, or hath borne office of Magistracy, so oft as he shall contraveene the said Act, To pay the sum of two hundred marks, and every other burges the sum of forty pounds: And such like ordains the said persons, to be liable in the saids penalties respective, not only for their own personal contraveening of the said Act, but also so oft as the same shall be contraveened by their wives respective, and also so oft as the same shall be contraveened by their children, they shall incur the fift part of the said's pains, respective, for every bairne, not forisfamiliat, and of the age of fifteen years complete, and that toties quoties they shall contraveene the said Act: And such like, that every servant so oft as he shall contraveene the said Act, shall pay one year's fee, toties quoties, lawful requisition being always made to the said's Wives, Children and Servants by their Pastor or Presbytery to give obedience to the said Act. ACT XIIII. ACT ANENT THE BULLION. 10. September, 1641. OUR Sovereign Lord and Estates of Parliament, Considering that one of the chief ways for bringing in of money into this Kingdom, hath been bullion, which now for lack of the true way of managing thereof, is become unprofitable. Therefore our Sovereign Lord, with advice and consent of the said's Estates, Statutes and Ordains that in time coming all and every Merchant passing forth of this Kingdom with any Merchandise, or sending the same forth of this Country, at the customing of the saids goods, shall find sufficient security to the customers, for importing and inbringing such quantity and proportion of Bullion as by the Laws of this Kingdom is due for the saids goods transported by them, and shall accordingly deliver the same, and cause be delivered to the Master of the Coin house, and shall receive back again his Majesty's coin of this Kingdom: And shall make faith, that the same was brought by them from foreign parts, or by others in their name: and discharges all payment of Bullion before the hand, and all pactions made anent Bullion one with another, and paying of the same with his Majesty's coin, or with any silver that is within the Country already, under the pain of doubling of the said Bullion: As also because the Bullion is ordained to be paid to the master of His Majesty's coin house, who hath his only residence in Edinburgh, and that thereby many Merchants who dwell not within the said Burgh will be put to great and unnecessary charges, for a small matter of Bulion, Therefore it is declared, that it shall be lawful to the said's Merchants to send the famine to the said Master of the coin house, providing he send therewith an attestation under his oath and hand, if he can write, and under his mark if he cannot write, and both before two subscribing witnesses of Magistrates, or Council of the burgh's where they dwell, that the said Bullion due by him was brought within this Kingdom from foreign parts, and that the same was not acquired nor bought by him within the same. ACT XV. ACT ANENT THE ELECTION OF Officers of Estate, Counselors, and Sessioners. 16. September, 1641. OUR Sovereign Lord and the Estates of Parliament, considering, that whereas there was an Article in the Treaty anent the manner of choosing and placing of Officers of State, Counselors, and Sessioners, whereof the answer was remitted to be determined by his Majesty and this Parliament: And his Majesty being willing to give this his ancient and native Kingdom all satisfaction possible, That fit and qualified persons shall ever fill these places, And considering that his Majesty's residence (because of his great affairs) will be more ordinary in England then here, whereby the qualification of persons may not at all times be so well known to him: Therefore his Majesty, with advice and consent of the Estates of Parliament, Declares for himself and his Successors, That he will nominate and make choice of such able and qualified persons to fill these places, as shall be fittest for his service, and may give most contentment to the Estates of Parliament: Which nomination and choice His Majesty will make, with the advice and approbation of the said's Estates of Parliament, during their sitting: And if any of the said's places shall happen to vake, and must be provided in the interval betwixt Parliaments, his Majesty will choose and nominate Officers of State and Counselors, with the advice and approbation of the Council, all that number being warned upon 15. days calling to meet thereanent, and most part of the whole consenting: And in like manner the Sessioners, with the advice and approbation of the most part of that House. Which elections, made in the interval, shall be allowed or disallowed in the next ensuing Parliament, as the King's Majesty and the Parliament shall think expedient: And the Officers of State, Counselors, and Lords of Session, so nominated and chosen by his Majesty and the Parliament, or allowed by his Majesty and them, shall be provided ad vitam vel culparn, and they all shall be liable to the censure of the King's Majesty and Parliament. ACT XVI. ACT ANENT THE ELECTION OF THE Lord LOWDOUN to be Chancellor. Ultimo Septembris, 1641. THE which day the King's Majesty, with the advice and approbation of the Estates of Parliament, did nominate and elect John Lord Lowdoun to exerce and discharge the place and office of High Chancellor of this his Highness' ancient native Kingdom, and gave and disponed to him, during all the days of his life time, the said office, with all honours, dignities, profits, liberties, and privileges, which have been possessed and bruiked by any preceding Chancellors, and which may be now bruiked by the Laws of this Kingdom: Like as his Majesty, with advice and approbation foresaid, makes and constitutes the said John Lord Lowdoun, during all the days of his life time, High Chancellor of this his said Kingdom, to be bruiked and enjoyed by him, with all dignities, honours, commodities, liberties, and privileges, which have been possessed and bruiked by any preceding Chancellors, and which may be now bruiked by the Laws of this Kingdom: and ordains a gift and patent to be passed under His Highness' great Seal to the said John Lord Lowdoun thereupon. ACT XVII. ACT ANENT THE CHANGE OF THE Terms. 29. October, 1641. OUR Sovereign Lord and Estates of Parliament, Considering the great prejudice his Majesty's Liege's do sustain by the inconveniency of the present usual terms of payment of their debts and annual Rents at Whitsunday and Martinmas heretofore; Where as if the 'samine were altered and changed to Lammas and Candlemas yearly, they might get in their own rents and duties to pay their lawful creditors therewith, more easily at the said Terms of Lammas and Candlemas, then at the former terms of Whitsunday and Martinmas: Therefore Our Sovereign Lord and Estates of Parliament, have now altered and changed the foresaid former course of the Terms of payment from Whitsunday and Martinmas, to the Terms of Lammas and Candlemas, in all time hereafter, And ordains the same to be the usual Terms of payment of all debts and annual, and for using of all order of Redemption, & ordains all Premonitions & Requisitions to be made before the said Terms of Lammas and Candlemas, in place of the Terms of Whitsunday and Martinmas, in time coming: Notwithstanding of any clauses of Redemption, Premonition, or Requisition, contained in any Bands or other Writs, bearing the 'samine to be made or done, either before Whitsunday or Martinmas, in manner therein specified. Whereanent our Sovereign Lord and Estates of Parliament dispenses for ever, Beginning the first Term's Redemption, Premonition, or Requisition, at and before Candlemas next, in place of the Term of Martinmas, and the next Term at and before Lammas next, for and in place of Whitsunday, and so forth yearly and termly in all time coming, But prejudice to all creditors of all their just annual rents that shall be due to them from Martinmas next to Candlemas next to come, and from Whitsunday to Lammas, which is declared to be one quarters annual, And likewise but prejudice to them of all other bygone annual, resting, owing to them of whatsoever other years or terms preceding, which are and shall be paid at the Term of Candlemas next: And this Act to be understood only for borrowing and lending of moneys, upon band or infeftment, and payment of annual rents, and the former Terms of Whitsunday and Martinmas to stand for redemptions, proper woodsets, flitting and removing of Tenants, both in Burgh and Land. ACT XVIII. ACT ANENT THE CHARGES AND Expenses of the Commissioners for the Barons, 11. November, 1641. OUR Sovereign Lord and Estates of Parliament ratify and approve the Acts made by his Majesty's Predecessors, King James the first of worthy memory, in his 7. Parl. and 101. Act thereof: and the Act made by his Majesties umwhile dearest Father of worthy memory in his 22. Parl. anent the Commissioners of small Barons in Parliament, in the whole Heads, Clauses, and Articles thereof: And specially that Article of the said last Act, bearing, that all Freeholders' be taxed for the expenses of the Commissioners of the Shires, passing to Parliaments or General Counsels: And letters of horning and pounding to be direct for payment of the sums taxed for that effect, upon a simple charge of six days allanerly, With this addition for clearing of the quantity and manner of the said taxation, that there shall be allowed to every one of the said's Commissioners, for their whole charges and expenses, five pounds every day for their expenses upon any parliaments, or general counsels, counting the first and last days, from the down sitting and rising of the said's Parliaments: with such other days allowed for the Commissiòners of every shire, for their coming to the said's Parliaments or general Counsels, and returning therefrom, from time to time as they shall sit or be adjourned, viz. for the Commissioners of the sheriffdome of Edinburgh for their coming and going, one day: of Fife, two days: of Linlithgow, two days: of Clydesdail, four days: of Nithisdail, four days: of Dumbartane, four days: of Sterling, two days: of Hadingtoun, one day: of Bervik, four days: of Clakmannane, two days: of Kinroshire, two days: of Peiblis, two days: of Bute, six days: of Angus, four days: of Pearth, four days: of Mearnes, four days: of Air, four days: of Wigtoun, six days: of Kirkcudbryght, four days: of Roxburgh, four days: of Aberdene, eight days: of Renfrew, four days: of Selkirk, two days: of Bamff, eight days: of Elgine, ten days: of Narne, ten days: of Argyle, eight days: of Innernes, twelve days: of Caithnes, sixteen days: of Sutherland, fourteen days: of Orkney, thirty days: The which daily allowance, after the rising of the said Parliaments or general Counsels, shall be calculate and put in a sum by the Clerk of Parliament under his hand, to be divided and imposed proportionally upon the whole freeholders, heritors and liferenters, holding of the King's Majesty and the Prince, according to the proportion of their Lands and Rents, lying within the shire, Excepting always forth of this Act, all the Lands belonging to the Noblemen or their immediate Vassals: And therefore declares, that their Lands holden of his Majesty or Prince, and their Vassals, to be free of the said tax, notwithstanding of this present Act, or any Act preceding: And that letters be direct thereupon by the Lords of Session, to charge the Freeholders', heritors and liferenters holding of his Majesty and the Prince, to convene at the head Burgh of every shire, upon one special day, for dividing and setting down the proportion thereof in manner foresaid: With power also to stint the said's freeholders', heritors, and liferenters, for the tenth penny more of the said whole sum, so calculate for the expenses of the letters to be raised therefore, and others charges in the collection thereof, with certification that such as shall convene, shall have power to proceed, notwithstanding of the absence of the rest: And that letters of horning and pounding be direct thereupon, at the instance of the said Commissioners, for payment thereof, in manner above-written: And if payment be not made within the days contained in the charge, so that the Commissioners be forced to pound therefore, Then and in that case, it shall be lawful to pound for the double of the sum charged for, by and attour the Sheriff. And that no suspension pass thereupon, but upon consignation allanerlie, and if the suspension discuss against the suspender, in that case the suspender shall be ordained to make payment to the Commissioners of the double of the sum charged for by and attour the Commissioners others charges, and expenses in discussing the suspension, And this Act to take effect, for the commissioners of this present Parliament, and all Parliaments hereafter. ACT XIX. ACT IN FAVOURS OF THE COMMISsioners for the Sherifdome of Sutherland, 11. November, 1641. OUR Sovereign Lord and Estates of Parliament, considering that by an Act of the date of their presents made anent the expenses of Commissioners of Shires passing to Parliaments, or General Counsels and Conventions, allowance shall be given to the said's Commissioners for their whole charges and expenses, in manner specified in the said Act: And that the daily allowance appointed for ilk Commissioner, in manner mentioned and divided in the said Act, after the rising of the said's Parliaments, or general Counsels, shall be calculate and put in a sum by the Clerks of Parliament, under their hand, to be divided and imposed proportionally upon the whole Freeholders of the King's Majesty and the Prince, according to the stint of their lands lying within the Shire: And that letters be direct thereupon by the Lords of Session to charge the said's Freeholders of his Majesty and Prince, to conveen at the head Burgh of every Shire upon a special day, for dividing & setting down the proportion thereof, in manner foresaid, as the said Act made in favours of the said whole Commissioners of small Barons and Shires at more length bears. And his Majesty and the said's Estates, considering, that in the Parliament in the year of God 1633. a particular Act of Parliament was made in favours of the Free Barons, and others Inhabitants within the Sherifdome of Sutherland, giving power to them to elect and choose their own Commissioners for the said Sherifdome, to compeir at Parliaments, meetings, and general Conventions within this kingdom, at all occasions, And considering likewise, that by the said Act, made in favours of the said's whole Commissioners, the Commissioner chosen and attending this present Parliament for the Sherifdome of Sutherland, and the Commissioners who shallbe chosen and sent from the said Sherifdome of Sutherland to attend their Parliaments, General Counsels, and other General meetings and Conventions of Estates hereafter in all time coming, shall have no allowance of their expenses and charges to be depurst by them in the said service, albeit the said Shire be one of the remotest and farthest distance in the Kingdom: Because there is only two Inhabitants within the said Shire holding Lands of the King's Majesty, the whole remanent heritors being either Vassals to the Earl of Sutherland, or holding their Lands of some other Superior: And so according to the said general Act, the allowance of the Commissioner of that Shire cannot be divided, not imposed for payment and satisfaction of his charges and expenses, except the 'samine be extended against the Heritors, Fewars, and Freeholders within the said Sherifdome, holding lands of other Superiors in manner under written. Therefore His Majesty, and Estates of Parliament, ordains the allowance appointed by the said general Act, in favours of the Commissioners of the said Sherifdome of Sutherland, to be extended, divided, and imposed proportionally upon all and sundry Heritors, Fewars, Liferenters, and Freeholders within the said Shire, whether they be Vassals to his Majesty, or holding their lands of any other Superiors whatsoever, according to the stint of their lands lying within the said Shire: and that letters be direct thereupon by the Lords of Session, to charge all and sundry the Heritors, Fewars, Liferenters, and Freeholders' within the said Shire, holding of any Superior whatsoever, to convene at Dornoch, being the head Burgh of the said Shire, upon a special day, for dividing and setting down the proportion thereof, in manner foresaid: With power also to stint all and sundry the said's Heritors, Fewars, Liferenters, and Freeholders', holding of whatsoever, Superior within the said Shire, for the tenth penny more of the said's whole sums so calculted for the expenses of the letters to be raised therefore, and others charges in collecting thereof: With certification that such as shall convene, shall have power to proceed, notwithstanding of the absence of the rest: And that letters of horning and pounding be direct thereupon at the instances of the said's Commissioners for payment thereof, in manner above written: And if payment be not made within the days contained in the charge, so that the said Commissioners shall be forced to pound therefore, then, and in that case it shall be lawful to pound for the double of the sum charged for by and attour the Sheriff: And that no suspension pass thereupon, but upon consignation allanerly. And if the suspension shall discuss against the Suspender, in that case the Suspender shall be ordained to make payment to the Commissioners of the double of the sum charged for, by and attour the Commissioners others charges and expenses in discussing the suspension: And this Act to take effect for the Commissioners of this present Parliament, and all Parliaments hereafter. ACT XX. ACT ANENT THE NOMINATION And election of the Officers of Estate. 13. November, 1641. THe which day the King's Majesty, with advice and approbation of the Estates of Parliament, convened in Parliament, nominated and elected the persons underwritten to the places and offices of Estates of this Kingdom respective after mentioned, formerly possessed by them: viz. Robert Earl of Roxburgh, to the place and office of Privy Seal: William Earl of Lanerk, to the place and office of Secretary: Sir Thomas Hope of Craighall, to the place and office of his Highness' Advocate: Sir James Carmichaell, to the place and office of Treasurer depute: and Sir John Hamiltoun of Orbestoun, to the place and office of Justice Clerk, and that ad vitam vel culpam, conform to the Act of this present Parliament made anent the election of Officers of Estate, Counselors, and Sessioners, upon the sixteenth day of September last bypast, Like as his Majesty, with advice and approbation foresaid, gives and dispones to the forenamed persons, and ilk one of them, ad vitam vel culpam, as said is, the foresaids Offices respective above mentioned, whereunto they are nominate and elected in manner foresaid. Together with all honours, dignities, profits, benefits, liberties, and privileges, which have been possessed and bruiked by any preceding Officers of Estate, of the foresaids offices above written, and which may be now bruiked by the Laws of this Kingdom: And ordains a gift to be past and exped under his Highness' great Seal to ilk one of the persons above named, of the foresaid offices respective above written, whereunto they are nominate and elected, in manner before rehearsed. ACT XXI. ACT ANENT THE NOMINATION AND Election of Sir Alexander Gibson, to be Clerk Register. 13. November, 1641. THe which day the King's Majesty, with advice and approbation of the Estates of Parliament, nominated and elected Mr. Alexander Gibson younger of Durie, to the place and office of Clerk of Register of this his Highness' ancient and native Kingdom of Scotland, and that ad vitam vel culpam, conform to the Act of this present Parliament, made anent the election of Officers of Estate, Counsellors and Sessioners, upon the sixteenth day of September last bypast: Like as his Majesty, with advice and approbation foresaid, gives and dispones to the said Mr. Alexander Gibson younger of Durie, ad vitam vel culpam, as said is, the foresaid office of Clerk of Register, with all honours, dignities, privileges, profits, casualties and liberties, pertaining to the said office, conform to the foresaid Act, and to the gift to be granted to him of the 'samine office under his Highness' great Seal, to be bruiked and possessed by him as the 'samine hath been possessed and bruiked by any preceding Clerk of Register, and which may be now bruiked by the Laws of this Kingdom, And ordains a gift to be past and exped under his Highness' great Seal, to the said Mr. Alexander Gibson, of the foresaid office of Clerk of Register, with all honours, dignities, profits, casualties, liberties and privileges, belonging thereto. ACT XXII. ACT ANENT THE NOMINATION AND Election of the Councillors. 13. Novem. 1641. THe which day the King's Majesty, with advice and approbation of the Estates of Parliament, convened in plain Parliament, nominated and elected the Persons under-written, viz. Lord Lowdoun Chancellor, Duke of Lennox, Marques of Hammiltoun, Earl of Argyle, Earl Martial, Earl of Sutherland, Earl of Mar, Earl of Mortoun, Earl of Eglintoun, Earl of Cassils', Earl of Glencairne, Earl of Murray, Earl of Perth, Earl of Dumfermling, Earl of Wigtoun, Earl of Kinghorne, Earl of Roxburgh, Earl of Seaforth, Earl of Lauderdale, Earl of Lothian, Earl of Kynnowll, Earl of Southesk, Earl of Weymes, Earl of Dalhoussie, Earl of Findlater, Earl of Lanerk, Earl of Levin, Lord Angus, Lord Lindesay, Lord Yester, Lord Sinclare, Lord Elphingstoun, Lord Balmerino, Lord Burghlie, Lord Amont, Lord Balcarras, the Clerk of Register, Advocate, Justice Clerk, Thesaurer depute, Master of requests, Sir Robert Gordoun, Sir William Douglas of Cavers, Sir Patrick Hepburne of Wauchetoun, Laird of Dundas, Laird of Fintrie, Laird of Cambo, Laird of Dun, Laird of Inns, Laird of Morphie, and the Provest of Edinburgh, for the time being, To be of the Council ad vitam aut culpam, conform to the Act made in this present Parliament, upon the 16. day of September last bypast, anent the nomination and election of the Officers of Estate, Counsellors and Sessioners, and conform to the Commission to be granted by the King's Majesty, with the advice and approbation of the Estates of Parliament, to the said's Lords and others of his Majesty's secret Council above named, for government of this Kingdom in all affairs, concerning the peace, good and happiness thereof, which by the Laws and Custom of this Kingdom, pertain to his Majesty's secret Council: Like as his Majesty, with advice and approbation foresaid, likewise nominated and elected the Earl of Arrundel, the Earl of Pembroke, the Earl of Salisbury, and the Earl of Holland, to be supernumerary Counsellors of his Majesty's Privy Council of this Kingdom, and to be contained in the foresaid commission to be granted to the Council, as supernumerary there-intill: And his Majesty, with advice and approbation foresaid, gives and grants to the said's Counsellors above named, and every one of them, all honours, dignities, liberties, immunities, and privileges whatsoever belonging to the Lords and others of his Highness' Privy Council of this his ancient and native Kingdom, To be bruiked and possessed by them, siclike and with all respects, as the 'samine have been bruiked by any preceding Counsellors of his Majesty's Privy Council foresaid, and which may be now bruiked and enjoyed by them, by the Laws of this Kingdom, conform to the foresaid Act of the sixteenth day of September last bypast, and to the commission to be granted to the said's Lords, and others of his Majesty's Privy Council, as said is. ACT XXIII. ACT ANENT THE NOMINATION AND Election of the Lords of Session ordinary and extraordinary. 13 November 1641. THe which day the King's Majesty, with advice and approbation of the Estates of Parliament, convened in plain Parliament, nominated and elected, Sir George Erskene of Innerteil, Sir Alexander Gibson of Durie, Sir Andro Fletcher of Innerpeffer, Sir John Hamiltoun of Orbestoun, Justice Clerk, Sir James Carmichaell, of that ilk The saurer depute, Sir James Leirmonth of Balcomie, Sir James Macgill of Crastoun riddel, Sir George Halyburtoun of Fodderance, Sir John Hope of Craighall, Sir John Scot of Scottistatbet, Sir Alexander Falconer younger of Hackertoun, Sir John Leslie of Newtoun, and Sir Thomas Hope of Kerse, Knights, Mr. Archibald Johnstoun of Warristoun, and Mr. Adam Hepburne of Humbie: To be the fifteen ordinair Lords of Session, and Senators of the College of Justice, and that ad vitam vel culpam, and Judges for administration of Justice, to the liege's, conform to the foundation and erection of that Sovereign judicatory of the College of Justice: Like as his Majesty, with advice and approbation of the said's Estates of Parliament, gave and disponed, and hereby gives and dispones to the said's fifteen ordinair Lords of Session above named, and to ilk one of them, ad vitam vel culpam, as said is, the fifteen ordinary places of the said ordinair Lords and Senators of the College of Justice, with all fees, honours, dignities, profits, casualties, immunities, liberties, and privileges whatsoever, pertaining, and belonging to the ordinair Lords and Senators of the College of Justice, and their places thereof to be bruiked, and possessed by the persons above named, now nominate and lected thereto, as said is: And ilk one of them siclike, and with all respects and privileges, fees, casualties, immunities, liberties, and profits whatsoever, as the 'samine hath been possessed and bruiked by any preceding Lords and Senators of the said College of justice, and which the said's Lords and Senators foresaids may now bruike and enjoy by the Laws of this Kingdom, and that ad vitam vel culpam, conform to the Act of this present Parliament made hereanent upon the sixteenth day of September last bypast. Like as his Majesty, with advice and approbation foresaid, likewise nominated and elected Archibald Earl of Argyle, Archibald Lord Angus, John Lord Lindsay, and John Lord Balmerino, to be the four extraordinair Lords of Session, and Senators of the said College of justice, conform to the foresaid Act made anent the nomination and election of the Officers of Estate, Counselors, and Sessioners, of the date the 16. day of September last bypast. And His Majesty, with advice and approbation of the said's Estates, gave and disponed, and hereby gives and dispones to the said's four extraordinair Lords of Session above named, and to ilk one of them, the four extraordinair places of the said's extraordinair Lords and Senators of the College of justice, with all honours, dignities, immunities, liberties, and privileges whatsoever, belonging to the extraordinair Lords of Session, and their places thereof, to be bruiked and possessed by the foresaids four Lords above named, now nominated and elected thereto, siclike and with all respects as the famine have been possessed and bruiked by any preceding extraordinair Lords of the Session, and which may be now bruiked and enjoyed by them by the Laws of this Kingdom. ACT XXIV. COMMISSION FOR REGULATING The common burdens of the Kingdom. 15. November, 1641. OUR Sovereign Lord and Estates of Parliament, Considering, that during the time of the late troubles of this Kingdom, there were many great sums and burdens contracted, undertaken and advanced for the outreiking and maintenance of the Armies, and for other public affairs: As likewise considering that the courts of the common burdens of the Kingdom, and the accounts of the tenth penny, and of the other debts, resting due and payable to the public: Together with the accounts and intromissions of all Commissioners, Collectors, & others persons, who have had any charge or intromission with any thing pertaining to the public, aswell in the Country as at the Army, and other parts abroad, are not yet fully closed, cleared, counted for, paid, nor reduced in order: And seeing it is absolutely necessary, that all the debts contracted and advanced for the public use, either within the Kingdom or without the famine, be known, satisfied, paid, and relieved, As also that every thing resting to the public, be counted for, paid and brought in for relief of the common burdens, and that the whole counts of the Armies, and other counts within and without the Kingdom, together with the accounts of the monthly maintenance of the Army, and Brotherly assistance granted by the Parliament of England, for relief of the common burdens of this Kingdom, at least so much thereof, as is already paid, be all cleared, fitted and closed, and that the rest and superplus of the said brotherly assistance yet resting, may be craved, uplifted and received for the public use: And it being likewise necessary, that all and every person, who have had any trust and intromission with any thing pertaining to the public, either within the Country, or at the Army, or any other place, be called to an account, for their intromission: and that the General Officers, and others, who have served in the public be satisfied and recompensed for their service, according to their demerits, As also that the losses sustained, by the particular persons whose ships and goods were taken at Sea, either in England or Ireland, be taken to consideration, To the effect, that the whole burdens and debts resting by the public being known, and all that is due to the public being counted for, paid and brought in for relief of the common burdens, the estate and condition of the public affairs may be the better known, and according lie such course taken thereanent, as may best conduce for the good and weal of the country: And seeing the clearing and settling of the premises will necessarily draw to such a length of time, as his Majesty and the Estates of Parliament, cannot in this present Parliament receive, call for, nor examine the said's accounts and common burdens of the Kingdom, and settle and order every thing concerning the same; In respect whereof, Our said Sovereign Lord and Estates of Parliament, have found it necessary and expedient, that a select number of the several Estates of the Kingdom, be nominated, authorised and appointed, for clearing and settling of the whole premises, and for directing, settling and ordering of every thing which may concern the same, Or which may offer and come in consideration thereanent. Therefore His Majesty and Estates of Parliament presently convened, do by virtue of their presents, elect, nominate, choose, authorize and appoint the persons after specified, viz. John Earl of Lowdoun, High Chancellor of Scotland, Archbald Marquis of Argyle, Alexander Earl of Eglintoun, John Earl of Cassils', William Earl of Glencairne, John Earl of Lauderdaill, William Earl of Lothian, John Earl of Lindesay, David Earl of Southesk, james Earl of Findlater, john Lord Sinclair, john Lord Balmerino, Robert Lord Burghlie, George Lord Forester, Sir Charles Erskene of Bandeth, Sir David home of Wedderburne, Sir Robert Inns of that ilk, Sir George Dundas of that ilk, Sir William Cunyngham of Capringtoun, Sir john Wauchope of Nidrie, Sir Alexander Erskene of Dun, Sir Gilbert Ramsey of Balymayne, Sir Duncane campbel of Auchinbrek, Sir William Forbes of Craigievare, Sir Robert Greirsone of Lag, Master George Douglas of Bonjedburt, William Rig of Ethernie, Alexander Gordoun of Earlstoun, john Binnie Burges of Edinburgh, Thomas Durham Burges of Pearth, Patrick Leslie Burges of Aberdene, George Bell Burges of Linlithgow, Patrick Bell Burges of Glasgow, james Sword Burges of Saint Andrew's, john Kennedye Burges of Air, john Sempell Burges of Dumbartane, William Glendoning Burges of Kirkcudbright, james Scot Burges of Montrose, Master Robert Barclay Burges of Irving, james Anderson Burges of Couper, George Garden Burges of Bruntiland, and Master Alexander Dowglas Burges of Bamff, Together with Alexander Earl of Levin, and Sir Adam Hepburne of Humbie, one of the Senators of the College of Justice, whom His Majesty and Estates of Parliament add to the foresaid number, as ordinair members with the rest, to be Commissioners from his Majesty and the Parliament, to the effect above and after specified: Of the which persons, any twelve of them shall be a Quorum, there being always three of them of ilk Estate: To whom our said Sovereign Lord and Estates, and whole body of the present Parliament, giveth, grants, and commits full power, warrant and commission, to meet and conveen within the burgh of Edinburgh, or such other places as they shall think expedient, Betwixt and the _____ day of _____ next to come at farthest: and there to call for, examine, consider, clear, fit, allow and count the whole debts and burdens contracted, and undertaken, advanced, furnished and applied for the public use, And siclike, with power to them, to reduce the whole debts, counts and burdens resting by the public, either within the Kingdom or without the famine, to be a full and complete order: And for that effect, to call all persons interest and concerned therein before them, for the better trying, clearing and expeding of the famine, or of any difficulty which may offer and occur in the settling and clearing of the said's common burdens and debts: And with power to the said's Commissioners or Quorum foresaid of them, to fit, examine, close, settle, control and allow the whole counts and intromissions of all commissars, collectors and their deputes and substitutes, and of all other persons who have had any charge, trust, intromission or meddling with any thing pertaining to the public, or in any public trust and charge, either within the Kingdom, or without the famine, not already approven and allowed by the late Committees of Estate, or either of them: And for that effect Our said Sovereign Lord and Estates of Parliament, grants full power and warrant to the said's Commissioners, to call before them or their Quorum foresaid, all commissars, collectors and others, who have had any trust, intromission, or meddling, or who are resting any thing due, and pertaining to the public, at such diets and times, and in such manner as they shall prescribe and find expedient, And to call for, examine, control and allow the whole regiment counts, and other counts of the Army, within and without the Country, with the accounts of all Victual, Money, Goods, or other commodities and furniture furnished, received, expended and given out for making up, outreiking and entertainment of the armies, and of all other public expeditions and employments, and to allow and disallow of the famine as they shall find them to be just and reasonable, And with power to the said's Commissioners and their Quorum foresaid, to nominate and appoint Collectors, Commissars, and all other public servants necessary for clearing, ingathering and recovering of the public deuce, debts and rests due, and payable to the public, and to prescribe orders to them, and to call all others, either authorized already, or to be appointed by them, And to prescribe, direct, and give forth such orders, letters, execution, and other dispatches for clearing of the whole premises, and for recovery of the debts and burdens resting to the public, as they shall think expedient, And with power to the said's Commissioners or such as shall be authorized and warranted by them or their Quorum foresaid, to crave, receive, uplift and intromet with that sum of two hundred and twenty thousand pounds sterling yet resting, unpayed by the Parliament of England, of the foresaid brotherly assistance, promised and obliged to be paid by the Kingdom of England, for relief and defrayment of the said's common burdens of this Kingdom, and to grant discharges upon the receipt thereof, in whole, or in part, which shall be als sufficient as if the famine were granted by his Majesty, and the whole body of the parliament of this Kingdom, And with power to them to settle, accord and agree upon ways and means, how the said brotherly assistance may be most timously and commodiously paid and advanced for defrayment and relief of the said's common burdens, either by exchange, advancement, or any other manner of way, which may be most conducible for the relief and good of the public, And with power to the said's Commissioners or their Quorum foresaid, to take an exact count of the whole ammunition, artillery, arms, & other furniture, either brought home, made, or brought within this Kingdom for the use, and upon the common expenses of the public, and for the reiking out of the Armies and Regiments of foot and horse, and to take course and prescribe orders for keeping and preserving thereof, for the use and defence of the Kingdom, and to appoint and constitute such persons of trust and best experience for keeping and preserving of the famine, as they shall think expedient, and to appoint and allow to them convenient fees and maintenance for the same, As also with power to them to take consideration and course anent the saids losses sustained by particular persons in their ships and goods taken at Sea, either in England or Ireland, With power also to them to consider every man his losses, that they sustained for the public, and accordingly give them such satisfaction as they shall find just and reasonable, that they have sustained in spuilyes, robbery and hearships by the enemies of the country, And as monies and other commodities due to the public can be gotten in, With power to them, to give orders for distributing thereof for defraying of the said's common burdens: and where moneys cannot be gotten in timouslie for relief and payment foresaid, With power to the said's Commissioners or their Quorum, to borrow and lift moneys where ever the famine may be had, for relief and payment of such urgent debts and creditors of the public as cannot suffer delay. Which sums so to be lifted and employed for the use and effect foresaid, His Majesty and Estates of Parliament declares hereby to be the public debts and burdens of the country, and binds and obliges the estates and whole body of this Kingdom, to pay and defray the same, and to relieve the said's commissioners or any other persons who shall give bands or securities for the same, of the foresaids sums and bands, and of all peril and danger that may follow thereupon: and siclike, with power to the said's commissioners and their Quorum foresaid, to give orders, for valuing of all Presbyteries, parochs, Lands, and other Rents and trade not already valued, Conform to the preceding statutes, acts and orders made there anent, to the effect, that the tenth penny thereof may be known, and payment may be exacted accordingly. Like as his Majesty and Estates declares, that such persons, presbyteries, burghs and others, who are yet resting their said tenth penny, are and shall be liable in payment of annual rents for the same, from the term of Whitsunday, 1640. years, and in time coming, aye and while the complete payment of the famine: And in respect there was divers and sundry Commissions, Letters, and other execution and warrants, directed and given forth by the late Committees of Estates residing at Edinburgh, and by the Commissar principal, and Collector general, and others having power and warrant for that effect, to Collectors, Commissars, and other public Servants, for ingathering and recovering of payment of the debts and rests payable to the public: which letters and warrants are not yet fully execute, neither yet is there complete payment recovered, conform thereto. Therefore our said Sovereign Lord and Estates foresaids, ordains the famine Commissions, Letters, and other Warrants, emitted and given forth thereanent, to stand in full force: And the persons entrusted with the managing and executing thereof, to do their exact and best diligence thereanent, aye and while their warrants be recalled and discharged by the saids Commissioners, or their Quorum foresaid, It is hereby declared that amongst the rest of the common and public deuce and debts due to the public, that the whole rents of all Bishops and others beneficed persons, whether deposed, fugitives, or opposites to the common cause, for the full cropts and years of God 1639. and 1640. years, are and shallbe due to the public, Together with all rests of the said's rends preceding the said two cropts not truly paid nor discharged, where there are not true Creditors to affect the said's preceding rests: Which Creditors shall have preferance from the said's rests of the cropped 1638. and precedings allanerly. And farther, if there be any part of the said's rends uplifted by public order of the cropped 1641. years, his Majesty and Estates foresaids hereby dispenses therewith in favours of the public: And generally, our Sovereign Lord and Estates of Parliament do hereby grant full power, warrant, and commission to the said's Commissioners, and their Quorum foresaid, to do, act, exerce, prescribe, prosecute, and follow forth, all and every thing necessary and behooveful, as well for clearing, allowing, fitting, and closing of the whole common burdens and debts due by the country, and contracted and advanced for the public use foresaid, and for reducing them in order, and for relief, payment and defrayment of the famine, and for clearing the accounts of all others, who have had intromission or public charge either within or without the Country, and for calling of them and all others a debted to the public in any sums, goods, victual, or other commodities whatsoever, to a full account, and to do, act, and prescribe all other courses, orders and ways , concerning the whole premises, or concerning any thing which may come in consideration thereanent, or which may fall under the counts of the famine: And what ever debts and burdens shall be approven and allowed by the saids Commissioners or their Quorum, His Majesty and Estates finds and declares the famine to be lawful debts and burdens, To affect and burden the Estates of this Kingdom, and oblige the said's Estates, and whole body thereof, To pay, relieve and defray the same: Like as whatsoever counts shall be approven and allowed, or disallowed by them, the famine shall be sufficient for the exoneration and clearing of the persons comptars and others contained thereintill: And what ever discharges be is granted by them, or any others collectors, commissars, or others, to be substitute, authorized and warranted by them, shall be sufficient exonerations and securities to the receivers of the famine: It is hereby declared, That such counts as are already approved and allowed by the late Committees of Estate, or either of them, shall stand good and vallid, and shall not be quarrelled by the saids Commissioners, without prejudice to them, to call for, and peruse the famine accounts for the better ordering and clearing of the common counts and burdens of the Kingdom: And with power likewise to the forenamed Commissioners and their Quorum foresaid, to prescribe ways and rules to the particular shires, presbyteries and divisions for relief, stenting and payment amongst themselves, of all public debursments, advancements and engagements, contracted, undertaken, furnished, or debursed by the saids shires, presbyteries and divisions, or by their committees of war, or any particular persons among them, for the common use and behoof of the said's shires, divisions, and presbyteries, either for Arms, the twentieth penny, forty days, and Officers pay, or for any public use within the said's Shires or Divisions, to the effect that all the Heritors and Inhabitants within the famine may be equally stented and burdened with the common burdens of their own Shire and Division where they dwell, and to cause put the said's orders for the said common relief to due execution. And our Sovereign Lord and Estates of Parliament finding it just and equitable that the said's Commissioners, their charges and expenses in attending and exercing of the foresaid trust and commission put upon them, should be paid and defrayed by the public: Therefore our said Sovereign Lord and Estates foresaids do hereby modify and allow to the said's Commissioners, and ilk one of them, in their several degrees, according to the time and space of their attendance respective, the like fees and allowance as were formerly allowed by the Estates convened in January last, to the members of the late Committee of Estates, conform to an Act made thereanent of the date the _____ day of the said month of January last, Which fees and allowances shall be paid to them, and every one of them, according to the time and space of their exact attendance, to be cleared by the sederunt book of the diets of their meetings, testified or subscribed by the Clerk of the said Committee or his deputes, under their hands, testifying the time and space of ilk person their attendance, which shall be a sufficient warrant to the Commissars or Collectors of the public deuce, to pay the same allowance to the said's Commissioners, ilk one of them for their own parts: And shall be allowed to the said's Commissars, Collectors, or their Deputes in their accounts. And it being necessary that there be an able, qualified and trusty Clerk nominated and appointed for the foresaid Committee, and for keeping of all the papers, warrants, records, and registers concerning the whole premises, And his Majesty and Estates foresaids having the proof and experience of the trust and ability of Robert Hepburne Advocate, for discharging of the foresaid office and place as Clerk to the said Committee: Therefore our said Sovereign Lord and Estates foresaids do hereby nominate and constitute the said Robert Hepburne to be Clerk to the said Committee, and ordains the former fee and allowance appointed for the said Robert as Clerk to the said late Committee of Estates residing at Edinburgh, to continue and be paid to him during his service in the foresaid office: And with power to him to appoint substitutes and deputes, for whom he shall be answerable for serving in the foresaid place, Granting to him and them, all privileges, fees, liberties, and immunities belonging to the foresaid office: Which Clerk and his foresaids shall have the charge, trust, keeping and ordering of all the papers, warrants, records, and others which concern the premises: And the Acts, extracts, records, and warrants to be subscribed by the said Clerk and his substitutes, shall bear als full faith as the acts or extracts of any other Clerk within this Kingdom. And in like manner, with power to the said's Commissioners or their Quorum, to appoint, allow, and modify competent fees, allowances, and recompenses, to the general Officers and all others persons who have been employed in the public service, and whose fees and recompenses are not already allowed and appointed: And also with power to them to allow and appoint such fees and recompenses to all others who shall necessarily be employed and entrusted by them, as they shall find reasonable. And in case any of the above named Commissioners shall happen to departed this life during the endurance thereof, It shallbe leasome to the rest of the said's Commissioners of that Estate, or most part thereof, to elect, nominate, and appoint others in the place of these who shall happen to departed, ilk Estate choosing Commissioners in place of these who shall happen to decease of their own estate. Like as our said Sovereign Lord and Estates of Parliament do hereby require and command all and every person within this Kingdom, and all others whom the famine may concern, as they will answer at their highest peril, that they give exact and ready obedience to such orders, warrants, letters and directions, as shall be given forth, ordered, and directed by the saids Commissioners, or their quorum foresaid, anent the whole premises: Requiring also all Sheriffs of Shires, Magistrates of Burroughs, Stewards of Stewartries, Bailiffs of Regalities, Provosts and Bailiffs of burgh's, and all others persons whatsoever, upon their highest peril, as they shall be required, to assist and concur to the executing and obeying of such orders, warrants, and other dispatches, as shall be directed and given forth by the saids Commissioners to the effect above specified: With power likewise to the said's Commissioners, and their Quorum, to call for the assistance, advice, and information of any persons within this Kingdom, of whatsoever quality, for clearing of whatsoever questions, doubts, or scruples which may arise & occur in any particular concerning the premises, as occasion shall offer, who are hereby required to assist the said's Commissioners by their presence, counsel, information, and advice, as they shall be desired for that effect. And it is ordained, that horning, pounding, and caption, and all other manner of execution personal and real, shall be directed upon all warrants, acts, and orders of the said's Commissioners, and their Quorum, for the better obeying and executing of the famine: and for the more ready and timous payment of the said public deuce: Which Commissioners above named are and shall be liable and countable to his Majesty and the Parliament, for their exact diligence, and constant attendance, And for their carriage in the right discharging of this present Commission entrusted to them, and every part and particular thereof, Like as they shall be obliged to report and represent to the next Parliament a full account of their proceed and deportments anent the premises, Together with the true estate and condition of the burdens and affairs of the public, to the effect that his Majesty and the Parliament, after consideration of the premises, and of their proceed and carriage thereintill, may take such farther course thereanent, as shall be found expedient: And it is also hereby declared, That the nomination made by his Majesty and the Parliament of a Clerk to this Commission, is, and shall be but prejudice of the Clerk of the Registers right to depute Clerks to all other Commissions from the Parliament, seeing the present Clerk Register consented to the Parliaments choosing of a Clerk to this Commission, in respect the present Clerk Register being general Commissar to the late Army, is a principal party to count to this Commission for his charge and discharge, and so could not depute a Clerk to this judicatory, where he is to make his own counts. ACT XXV. ACT OF APPROBATION TO THE Committee of Estates. 15. November, 1641. OUr Sovereign Lord, with advice and consent of the Estates of Parliament, considering that forsameikle as the Estates of Parliament in June 1640. for the reasons and considerations at that time moving them, did nominate, elect, choose and appoint umwhile John Earl of Rothes, John Earl of Cassils', Charles Earl of Dumfermling, John Earl of Wigtoun, William Earl of Lothian, John Lord Lindesay, John Lord Balmerino, Robert Lord Burghlie, James Lord Couper, John Lord Louvre, Sir Alexander Gibson of Durie, Sir John Hope of Craighall, Sir John Scot of Scotistarbet, Senators of the College of Justice, Sir Patrick Hepburne of Wauchtoun, Sir David Home of Wedderburne, Sir Patrick Murray of Elibank, Sir Patrick Hamiltoun of Little-prestoun, Sir William Cunyngham of Capringtoun, Sir William Douglas of Cavers, Sir Thomas Nicholson of Carnok, James Chalmers of Gadgerth, Sir Thomas Hope of Kerse,— Drummond of Riccartoun, John Forbes of Leslie, Mr. George Dundasse of Manner, John Smyth, Edward Edgar, Thomas Paterson, Richard Maxwell, Burgesses of Edinburgh, Mr. Alexander Wedderburne Clerk of Dundie, Mr. Alexander Jaffray, Burgess of Aberdene, or Mr. William More, in his absence, William Hamiltoun, Bailiff of Linlithgow, James Sword, Burgess of Saint Andrew's, George Porterfield, Bailiff of Glasgow, Hugh kennedy, Bailiff of Air, James Scot, Burgess of Montrose, and John Rutherfurd, Provest of Jedburgh, and certain other persons to be Commissioners from the said's Estates, to whom they gave and granted full power, warrant, and commission, to do, order, direct, act, and put in execution every thing necessary, expedient and incumbent, as well for the preservation and maintenance of the Armies, both Horse and Foot, by Sea and Land, as for the ordering of the Country, and whole Body and Inhabitants thereof, deciding of questions and debates, which should happen to arise, or fall out in any business, which should occasion or offer within the Kingdom, concerning the peace and quiet thereof: But prejudice of the ordinary judicatories, established within this Kingdom, by Acts of Parliament, And with power to them to borrow, up-take, and levy moneys for the use of the public, and to give, and prescribe order and directions for disbursing thereof: And generality, did give them full power, To do all and sundry other things, requisite anent the ordering, directing, managing, prosecuting, and executing of all affairs and business of this Kingdom, which might or should conduce to the weal of the famine, or any part thereof, and which might, or could be needful to be done by them for maintenance, and preservation of the religion, and liberties of this Kingdom, anent the premises, as the said commission, of the date the 11. day of June, 1640. in the same at more length bears: And siclike, the said's Estates did nominate and constitute Mr. Adam Hepburne of Humbie, to be Clerk to the said Commission, and gave him power to substitute deputes, one or more: And his Majesty, and the said's Estates, now presently convened, having taken to consideration the pains taken by the saids Noblemen, Barons, Burgess, and other particularly above rehearsed, als well these who remained at Edinburgh, as these who went along with the Army, and resided at the Camp, or sent as Commissioners to Rippon and London, and of the said Mr. Adam Hepburne, and Robert Hepburne his Colleague, who served as Clerks in the said Commission: They find that they have walked uprightly, faithfully, diligently and carefully, in the discharge of the said Commission, answerable to the trust imposed upon them, And therefore his Majesty, with advice and consent of the said's Estates, hath approven, and by their presents approves their proceed and carriage therein, And declares them, and every one of them, to have done good service to his Majesty, and this Kingdom, and that they have behaved themselves as good Christians, loyal Subjects, and well deserving Patriots. ACT XXVI. ACT FOR RELIEF OF THOSE WHO Have given band for the use of the public. 15. November, 1641. OUR Sovereign Lord and Estates of Parliament, Considering that the members of the late Committees from the said's Estates of Parliament, to whom the furnishing of the Arms, and all other necessary expenses concerning the public was entrusted, conform to the power and commission given to them, as likewise others, who were not of the Committee, and also the general Commissar or his deputes, Having borrowed and undertaken great sums of money for the necessair use and behoof of the public, for the which sums and debts, contracted by the saids Committees, They have given security to the parties, partly by public acts, in name of the Estates, And where many persons were difficile and scrupulous, to advance and lend moneys, and other necessairs upon the public security, These of the said's Committees, and others foresaids, have given their own particular bands, and have moved divers others persons to give band and security to the lender's of the said's sums, bearing borrowed money without any relation to the public: Likeas divers Noblemen, Barons and Burrowes, and others, before the establishing of the said's Committees of Estates, did willingly, for advancement of the public service, give their particular bands for great sums of money for the public use, and which were given in to the Commissars and Collectors, and counted for by them in their accounts, whereby the forenamed persons who have granted such bands, may be distressed for payment of the said's sums, at the instance of the persons to whom they are bound, So as for their furtherance and affection to the advancement of the public service, their Estates and Credit may both be endangered, unless remeed be provided: And his Majesty & Estates foresaid, being careful that neither the members of the said's Committees, nor any others persons may suffer prejudice in their estates or credit, by or through any bands granted by them to any persons for lent money, silver plate, or any other necessary commodity, furnished and advanced for the public use, But that they and every one of them, their heirs and executors, be freed and relieved by the saids Estates of the famine, and of all damage, peril and danger which they may incur and sustain there through, It being made appear, that the sums of money, or other commodities, for the which they have given band, as said is, are counted for, or applied for the use of the public, and approven by public act, order and warrant: Therefore Our said Sovereign Lord and Estates of Parliament, by virtue of this present Act, do hereby bind and oblige the Estates of this Kingdom, to warrant and relieve the said's members of the said Committees of Estate, and all others persons whatsoever, who have given band and security for any sums of money, or other commodities for the use of the public, and whereof count and reckoning is, or shall be made and approven, whereby it may appear, that the famine are employed for the use of the public, by public warrant, as said is: And for their better relief of the same, The saids Estates of Parliament, binds and obliges them and the whole body of this Kingdom, to make payment to the persons creditors, to whom the said bands and securities are given of the same sums, and others commodities or prices thereof, and that at the terms of payment, appointed by the saids bands, with the interest thereof, conform thereto in all points, And to purchase and deliver to ilk person so bound, as said is, their said's bands given by them, or sufficient discharges of the famine, with all convenient diligence, and in the mean time to keep them harmless and skaithlesse of the famine bands, and of all execution, peril and danger which may follow thereupon: So being that the sums and goods contained in the saids bands have been applied to the public use, by public order and warrant, as said is, and are, or shall be counted for, & approven in the accounts of the common burdens of this Kingdom: Which bands so contracted and undertaken, are hereby declared to be public debts upon the Estates, and shall affect and burden them, notwithstanding that the famine be given by particular persons, without relation to the public, in manner foresaid. ACT XXVII. COMMISSION FOR RECEIVING OF THE Brotherly assistance from the Parliament of England, 15. November, 1641. OUR Sovereign Lord, and the Estates of this present Parliament, Considering that of the brotherly assistance promised, and obliged to be paid by the Parliament and Kingdom of England, to this Kingdom of Scotland, for relief and defrayment of the common burdens and losses of the famine, There is yet resting the sum of two hundreth and twenty thousand pounds sterling money, conform to the articles of the late treaty, and an act of public faith, granted by the Parliament of England, for payment thereof, at the terms therein contained: Therefore our said's Sovereign Lord and Estates of Parliament, Do hereby grant full power, warrant, and commission, and appoints, nominants, and authorises the persons particularly after nominated, viz. John Earl of Lowdoun, Chancellor of Scotland, Archbald Marquis of Argyle, Alexander Earl of Eglintoun, John Earl of Cassils', William Earl of Glencairne, John Earl of Lauderdail, William Earl of Lothian, John Earl of Lindesay, David Earl of Southesk, James Earl of Findlater, John Lord Sinclair, John Lord Balmerino, Robert Lord Burghlie, George Lord Forester, Sir Charles Erskene of Bandeth, Sir David Home of Wedderburne, Sir Robert Inns of that ilk, Sir George Dundas of that ilk, Sir William Cunyngham of Capringtoun, Sir John Wauchope of Nidrie, Sir Alexander Erskene of Dun, Sir Gilbert Ramsay of Balymayne, Sir Duncane campbel of Auchinbrek, Sir William Forbes of Craigievare, Sir Robert Griersone of Lag, Mr. George Douglas of Bonjedburgh, William Rig of Ethernie, Alexander Gordoun of Earlstoun, John Binnie Burgess of Edinburgh, Thomas Durham Burgess of Pearth, Patrick Leslie Burgess of Aberdene, George Bell Burgess of Linlithgow, Patrick Bell Burgess of Glasgow, James Sword Burgess of Saint Andrew's, John Kennedye Burgess of Air, John Semple Burgess of Dumbartane, William Glendoning Burgess of Kirkcudbright, James Scot Burgess of Montrose, Mr. Robert Barclay Burgess of Irving, James Anderson Burgess of Couper, George Garden Burgess of Bruntiland, and Mr. Alexander Dowglas Burgess of Bamff, Together with Alexander Earl of Levin, and Sir Adam Hepburne of Humbie, one of the Senators of the College of Justice, whom his Majesty and Estates of Parliament adds to the foresaid number as ordinair members with the rest, to be Commissioners from his Majesty and the Parliament, to the effect after specified, Granting and committing, like as his Majesty and Estates foresaids, do by virtue of their presents grant full power, warrant and commission to the forenamed persons, or to any twelve of them, who shall be a quorum, there being always three of them of ilk estate, either by themselves, or by such others persons, as shall be entrusted and authorised by them, or their Quorum foresaid, for that effect, to crave, receive, uplift, and intromet with the foresaid sum of two hundreth and twenty thousand pounds sterling money foresaid, yet resting unpayed of the said brotherly assistance, promised and obliged to be paid by the said Parliament of England, in manner foresaid: And with power to the said's Commissioners, or such as shall be appointed by them, as said is, to give and grant discharges upon the receipt of the said sum in whole, or in part, which shall be als vallid and sufficient, as if the famine were granted by his Majesty, and whole body of this present Parliament, And with power to them, to settle, accord and agree upon the best ways and courses how the said brotherly assistance may be most timously & conveniently paid at the terms of payment appointed for that effect, or otherwise, how the famine may be advanced, either by exchange or otherwise, for defrayment and relief of the said's common burdens, as may be most conducible for the relief and good of the public. And whatever acquittances or discharges the forenamed persons, or such other persons as shall be authorized by them, shall grant & subscribe upon the receipt of the said sum, or any part thereof, or whatever other course they shall accord and agree upon concerning the famine, his Majesty and the Estates of Parliament do by these presents approve and authorize the same, and if need be, shall ratify the famine in the next ensuing Parliament: And generally, our said Sovereign Lord and Estates foresaids, grants and commits full power and commission to the forenamed persons and their Quorum foresaid, and to these who shall be authorised by them, as said is, to do, exerce, accord, and agree upon all, and every thing necessary, anent the payment and recovery of the foresaids sums, and every thing else, which may concern the 'samine, in all respects needful and expedient, Whereanent our said Sovereign Lord and Estates of Parliament, declares that their presents shall be a good and sufficient warrant for them, and all others whom the 'samine may concern, the forenamed Commissioners, and these to be authorised and appointed by them for the effect above specified, being always comptable and answerable for their carriage and proceed in the premises. ACT XXVIII. ACT AGAINST GOING OF Salt-pans and Mills on the Lord's day, and other profanations of that day. 15. November, 1641. OUR Sovereign Lord and Estates of Parliament, Considering notwithstanding the Acts of the General Assembly, ratified in this present Parliament, June 1640. against the profaning of the Lords day, by going of Salt-pans, Salmond fishings, Kills, Mils, and hiring of shearers on the said day, yet the said's abuses are not left off, but rather increased: Therefore Our Sovereign Lord and Estates foresaids, for the better restraint of the said's abuses and profanations, do again inhibit and discharge all going of Salt-pans, or Mils, and all working of works thereintill upon the Lord's day, and all hiring and conditioning of shearers on the said day, and that under the pains and penalties following, to be paid to the particular Sessions of every paroch wherein the abuses before specified are committed, to be employed to pious uses, viz. The sum of twenty pounds for ilk day foresaid, working in manner foresaid, of ilk Salt pan; of ilk days fishing of Salmond; and of ilk Mill; to be paid by the heritors and possessors thereof, for the time, and the masters to be answerable for their servants, And the sum of ten pounds for ilk shearer and fisher of Salmond on the Lord's day; the one half to be paid by the hyrers and conducers, the other half by the persons hired, toties quoties: And ordains the magistrates of the town, to keep the transgressors in ward while they pay the said penalties, for the which the Magistrates shall be answerable to their sessions. And further, Our said Sovereign Lord and Estates, do hereby inhibit and discharge all Markets, using of Merchandise, carrying of loads upon the Lord's day, and all other profanations or abuses thereof whatsoever. And that under the same pain of ten pounds, to be paid by every transgressor to their Sessions respective, for the uses foresaid toties quoties: And ordains the saids penalties respective above specified, to be exacted, by and attour the confiscation of the salt, corn, merchandise, loads, and other goods whatsoever, employed, used, gained, or made and wrought, in the profaning and a busing of the said Lords day, which pain is also hereby ordained, And if the transgressors be not able to pay the penalties foresaids, ordains them to be punished exemplarly in their bodies, according to the merit of their fault, toties quoties. ACT XXIX. ACT ANENT THE NOMINATION AND Election of Sir James Galloway to be Master of Requests. 15. November. 1641. THe which day the King's Majesty, with advice and approbation of the Estates of Parliament, nominated and elected, Sir James Galloway, to be Master of Requests, of this His Highness' Ancient and Native Kingdom of Scotland, and that ad vitam vel culpam, conform to the Act of this present Parliament made anent the Election of Officers of Estate, Counsellors and Sessioners, upon the sixteenth day of September, last by past: Like as His Majesty, with advice and approbation foresaid, Gives and dispones to the said Sir James Galloway, ad vitam vel culpam, as said is, the foresaid office, To be Master of Requests of this His Majesty's Kingdom: With all Honours, Dignities, Privileges, Profits, Casualties and Liberties pertaining to the 'samine office, which have been possessed and bruiked by any preceding Master of Requests, and which may be now bruiked by the Laws of this Kingdom: And ordains a gift to be past and exped, under his Highness' great seal, to the said Sir James Galloway, of the foresaid office: With all Honours, Dignities, Profits, Casualties, Liberties and Privileges pertaining and belonging thereto, as said is. ACT XXX. ACT ANENT THE COMMISSION FOR Plantation of Kirks, and Valuation of teinds. 15. November, 1641. OUR Sovereign Lord and Estates of Parliament, Considering the humble Supplication of the general Assembly, presented by the Commissioners thereof, for planting of Kirks, uniting or dis-uniting of parochs, and for other pious and good works mentioned thereintill: For the which, and other causes after specified, It is necessair, That power & commission be given from His Majesty and Estates to the effect under-written, And therefore His Majesty and Estates foresaid, have granted, and by these presents grant full power & commission to the persons after following, viz. john Lord Lowdoun Chancellor, Archbald Earl of Argyle, Alexander Earl of Eglintoun, john Earl of Cassils', William Earl of Glencairn, john Earl of Lauderdail, William Earl of Lothian, David Earl of Southesk, james Earl of Findlater, john Lord Lindesay, john Lord Sinclair, John Lord Balmerino, Robert Lord Burghly, George Lord Forester, Sir George Dundas of that ilk, Sir john Wauchope of Nidrie, Sir David Home of Wedderburn, Sir William Forbes of Craigievare, Sir Gilbert Ramsay of Balymayn, Sir William Cunyngham of Caprintoun, William Rig of Ethernie, Sir Duncan Campbel of Auchinbrek, Sir Alexander Erskene of Dun, Sir Charles Erskene of Bandeth, Sir Robert Inns of that ilk, Alexander Gordoun of Earlstoun, Sir Robert Griersone of Lag, Master George Douglas of Bonjedburgh, john Binnie for Edinburgh, Thomas Durham for Pearth, Patrick Leslie for Aberdene, George Bell for Linlithgow, James Sword for Saint Andrews, Patrick Bell for Glasgow, John Kennedy for Air, John Semple for Dumbartan, William Glandoning for Kirkcudbright, james Scot for Montrose, Master Robert Barclay for Irving, james Anderson for Couper, George Garden for Bruntiland, Master Alexander Douglas for Bamff, Robert Earl of Roxburgh Lord Privie-Seal, Sir Alexander Gibson younger of Durie clerk Register, Sir Thomas Hope of Craighall Advocate, Sir James Carmichael, Thesaurer Depute, Sir John Hamiltoun Justice clerk, & Sir Andrew Fletcher of Innerpeffer, Sir Thomas Hope of Kers, and Sir Adam Hepburn of Humbie, three of the Senators of the College of Justice, To meet and convene at Halyrude-house, or Edinburgh, or such other places as shall be appointed by them, at such times and diets as they shall appoint, And to value, and cause value whatsoever teinds, great or small, Personage or Viccarage of whatsoever Lands, and others within this Kingdom, liable to the payment of teinds, of whatsoever nature and quality the famine be of, which are yet unvalued: Providing the Ministers serving the cure, who do lead tithes, be secured of good and thankful payment of so much victual, or money, answerable to the worth of the said's tithes, as the tithes shall be valued to: And als to receive the reports from the Sub-commissioners appointed within ilk Presbytery of the valuations of whatsoever teinds of lands and others, liable to teind, as said is, led and deduced before them, according to the tenor of the Sub-commissions direct to that effect, And to allow or disallow the famine, according as the same shall be found agreeable, or disagreeable from the tenor of their Sub-commissions, And for the better expeding, and advancing of the said's valuations, with power to appoint Committees or Sub-committees of their own number, to receive the reports of the said's valuations made, or to be made, and to receive, admit and examine witnesses, And to take parties oath with their depositions, where the same is referred to oath, and to give such farther power to the said's Committees or Sub-committees of their own number, as they shall think fit for the good of the work and speedy finishing of the same: And siclike, with power to them, if need be, to appoint Sub-commissioners who are not of their own number within any Parochine, or Presbytery of the Country, for leading and deducing of the said's valuations, and to receive the reports thereof, allow, or disallow of the 'samine: And generally, with power to them, to set down whatsoever other order or course, which shall be thought fit and expedient for dispatch of the faids valuations rectifiying thereof, and for final closing of the same: And siclike with power to the said's Commissioners, or any fifteen of them, there being four thereof for every Estate, after closing and allowance of the valuations of ilke Kirke and Parish, or at least the exact diligence of the Ministers done to that effect, to appoint, modify and set down a constant, and local stipend, and maintenance to ilke Minister (his present stipend being allowed in the first end thereof) to be paid out of the teinds thereof: And to grant augmentations to ilke Ministers of other Kirks nor Bishops Kirkes', who got not the benefit of the former Commission, and have not the full quantity of eight chalders victual, or eight hundred marks according to the tenor of the Acts of Parliament made, in anno 1633. wherein that is found to be the lowest proportion for the maintenance of the Ministers, except such particular Kirkes' occur, wherein there shall be just, reasonable, and expedient causes to go beneath the said quantity, which is hereby also referred to the conscionable consideration of the Commissioners before expressed, And to grant augmentations to Ministers of Kirkes', which were provided by the former Commission, but to a less quantity nor eight chalders victual or eight hundred marks in the cases after following allanerly, viz. where the teinds in whole or in part are fewed with the lands cum decimis inclusis, whereby the Ministers were debarred of the full quantity foresaid, or where the valuations already led, the time of the provision of these Kirkes' shall happen to be reduced as unjustly valued, or where it can be proved by writ or oath of party, that the less quantity foresaid proceeded from pactions betwixt the Titular and the Ministers, or Titular and Parochiners in prejudice of the Ministers Successors, or where the honest Incumbents for the time were impeded by the Prelates for their never practising conformity, to obtain the full quantity in the former Commission, albeit there was sufficiency of teinds within the Paroch: In the which cases, or any of them, it is hereby declared, that the Ministers provided by the former Commission, shall be supplied to the full quantity foresaid: Like as hereby it is declared, that all Bishops Kirkes', whether or not provided at all, or provided by the former Commission, but beneath the quantity foresaid, shall be supplied to the full quantity of eight chalders victual, or eight hundred marks, out of the tithes of their own Parish, and where the same cannot be had, then out of the teinds of the other Kirkes' of that Bishopric: And that all Kirks that had greater quantity of stipend before the restitution of Bishops nor they now have (except they have been diminished by just valuations) shall be supplied, and brought to the same quantity whereof they were in possession before the said restitution, to be paid out of their own Paroch, and where it is inlacking, to be paid out of the tithes of the Bishops Kirkes': For the which effect, the King's Majesty and Estates of Parliament grants power to the Commissioners foresaid or any Quorum of them, and als gives power to the said's Commissioners, to disjoin too large and spacious Kirks, and plant them severally, and to cause build, and erect new Kirks, and appoint competent provisions for the Ministers to change Kirks incommodiously situate, to a more commodious part of the Paroche, to disjoin and dismember such parts and portions of parochins lying contigue, and whereof ane part is fare distant from the proper Paroche Kirke, and more near and ewest to the next adjacent and contiguous Paroche Kirke, from their own proper paroch Kirke, from the which the parts and portions are farther distant, and to unite and adjoine them to the other paroch Kirk, to the which they are more ewest: And als to unite Kirks and parochines lying so near other, and being so little bounds, and small number of Parochiners, that the union of them shall be found more useful and conducible for the good and ease of the Parochiners of both the Kirks, and their edification: Providing that the dividing of large paroches, the dismembering of ane part of the said's parochines in case foresaid, and the uniting of Kirks and parochines of the quality above specified, be done upon the special recommendation of the Presbytery, Synod, or General Assembly, given-in in writ, and after the Commissioners have cited and heard the Parochiners of both Kirks thereanent, and no otherwise: And to set down a solid order, and take course for furnishing the elements to the Communion twice in the year, or oftener, where they are not provided at all, or not sufficiently provided: And als to take order for paying of the charges of the Commissioners to the general Assemblies, without burdening the Ministers stipends therewith. And siclike, with power to them to advise, take course, and determine in all things referred to them by any particular act or reference from the general Assembly to this Parliament, or from the Parliament to them: And because the King's Majesty, considering that the names and titles of Bishops and Bishoprics by the Acts and Statutes of Kirk and Kingdom, are abolished and suppressed, and that thereby the tithes, parsonage and viccarage, and teind duties of whatsoever Kirks or Titles, pertaining to the said's Bishoprics, are become in his Majesty's hands, and at his Majesty's disposing, And his Majesty being graciously pleased, out of his pious and royal affection to the maintenance of the true Religion, and purity thereof, presently established within this his Majesty's ancient Kingdom, to take such a course with the said's teinds and teind duties, pertaining to the said's Bishoprics, and of all teinds and Kirks annexed thereto, that the famine may be applied to the use and benefit of the Ministers serving the cure of the said's Kirks, and to the maintenance and supply of Universities, Colleges, and Schools: Like as his Majesty before his coming to this his ancient Kingdom, in his own royal person, sent and directed his letters to the General Assembly of the Kirk, convened at Edinburgh in July last, whereby his Majesty declared his constant purpose and resolution to employ the teinds of the said's Bishoprics to the uses above specified: And therefore his Majesty, according to his royal promise, and for performance thereof, hath declared, and by their presents declares, by advice and consent of the Estate, that the teinds and teind duties of all and whatsoever Kirkes', parsonage, and viccarage thereof, and teinds of whatsoever nature pertaining to the said's Bishoprics, shall be applied to the maintenance of the Ministry, and of the Universities and Colleges, and other pious uses, and to no othet use, and that according as the same shall be particularly distributed by the Commissioners foresaid, to whom his Majesty and Estates grants power for this effect, And declares all gifts granted, or to be granted by his Majesty, to whatsoever person or persons of the foresaid teinds and teind duties, or any part thereof, except to the uses foresaid, to be null in the self: Excepting always all gifts already granted by his Majesty to whatsoever person or persons of their own teinds, and to the maintenance of Universities and Colleges, they and every one of them always being liable to the plantation of the Kirks to the full quantity contained in the Acts made thereanent. Likeas it is declared hereby, that all teinds and teind duties which belonged to Chapters, Deans, Subdeans, and other dignities of the Chapters, shall be liable to the like provisions of the Kirks which were annexed thereto, according to the proportion of eight Chalders victual, or eight hundred marks, forth of the teinds of their own parochins allanerly, according to the Act of Parliament. And sicklike, with power to the said's Commissioners, as said is, to take order that every heritor and life-renter of land, having right thereto by infeftment of life-rent, right of terre, or by band for infeftment of life-rent, shall have the leading of their own teinds, personage, and viccarage thereof, they paying the price contained in the act above-specified, Incase they be willing to buy the same from the titular, having power to sell, or otherwise, Paying the rate of teind expressed in the acts made thereanent. And to that effect with power to the said's Commissioners, to set down, the price of sellable teinds, according to the worth thereof in each part of the country, where the famine grow and are bred. And als with power to them, to set down such good and ample securities as may stand by law, both for the buyers of the teinds, to the effect the titulars may be fully denuded in their favours, And also for security to the titulars and sellers of the price due to be paid to them for the said's teinds, And also to set down the security in favours of the titulars and of the ministers, so far as concerns the maintenance assigned to them for good, thankful, and timous payment of the rate of teinds where the famine are not or cannot be sold: And siclike, with power to the said's Commissioners, To discuss and determine all questions which may arise betwixt the titulars, and heritors, anent the price of teinds, according to the nature and quality of the rights to be sold, whether the same be heretable or temporal, and to proportionate the price accordingly: And also to divide the price of teind betwixt the heretors and liferenters thereof, & betwixt titulars and taksmen, and others who have several and distinct rights to the said's teinds, sellable according to the quality of the rights, And also with power to them to cause the titulars who sell their said's teinds, to exhibit their rights and titles, to the effect they may be lawfully denuded thereof, in favours of the said's heretors and liferenters respective, without prejudice always to his Majesty's annuity to be paid forth of the said's teinds, by the saids titulars of teinds or heretors or liferenters of lands, according to the tenor of the act of annuity: And generally, with power to the said's Commissioners to decide and determine in all other points which may concern the leiding and drawing of teinds, the selling and buying of the same, or payment of the rates thereof, contained in the acts of Parliament made thereanent: And whereas it may fall out that some of the Commissioners now appointed by his Majesty and Estates, may be unable to attend the service through death, sickness, or some other notar and known impediments, Therefore his Majesty and Estates declares such other persons shall fill their places as his Majesty shall think fit, by advice of the remanent Commissioners who must receive and admit them upon the said Commission, and take their oaths for faithful discharge of the same: And his Majesty and Estates ordains this present Commission to endure unto the _____ ay and while the famine be expressly discharged by his Majesty's warrant, with consent of the Estates for that effect: And his Majesty with consent of the Estates foresaid, finds, declares, and ordains the acts, decreets and ordinances of the Commissioners foresaid, and of the other persons who shallbe surrogate in their places by his Majesty in manner foresaid, in the whole particulars above specified, and every one of them, to have the force, strength and effect of a decree, sentence, and Act of Parliament: And ordains the Lords of Session, to grant and direct letters of horning, pounding, and others thereupon, upon a simple charge of ten days, or otherways as shall be found necessary: Attour for clearing of all doubts and difficulties, which may arise anent the rectifying of valuations, or other particular heads following, His Majesty and Estates have declared, and declares, that where valuations are lawfully led against all parties, having interest, and allowed by the former Commissioners, according to the order reserved by them, that the famine shall not be drawn in question, nor rectified upon pretence of enorm lesioun, at the instance of the Minister, not being titular, or at the instance of his Majesty's Advocate, for and in respect of his Majesty's annuity, except it be proved, that collusion was used betwixt the titular and heretor, or betwixt the Procutor fiscal, and heretors, and titular, which collusion is declared to be where the valuations are led, with diminution of the third of the just rent, presently paid: And which diminution shall be proved by the party's oaths: It is always declared, that the provisions of the former Commission, so far as they are conceived in favours of the Colleges, Hospitals, and Ministers, are herein renewed: As also that Ministers serving the cure, who lead their teinds: And that Colleges, Schools, and Hospitals, be not constrained to sell, set, nor dispone their teindes in prejudice of their successors, notwithstanding of the valuations thereof: Like as the King's Majesty and Estates, grants power to the said's Commissioners, to do every thing necessary, for settling and establishing the right of any teinds of the prelacies, appointed by them, in favours of the said's Kirks, Schools, Universities, and Colleges, according to their several divisions, as also to set down rules, and ways, how the same shall not thereafter be dilapidate, or made worse by the titulars for the time, And his Majesty and Estates declares, That all his Majesty's subjects, who are willing to buy their teinds, shall be oblisht to pay the price thereof contained in the Act made thereanent, within the space of two years after the famine beiss valued and approven before the saids Commissioners: And that after the expiring of the said time, the titular shall not be compelled to sell the famine, except they do it of their own good will, With this declaration always, that in case the impediment enduring the space foresaid, flow from the titular, by reason of his minority, or other inability, in that case the Heretor, who offereth himself ready to buy his own teind within the space foresaid, shall have place so soon as the impediment is removed, to buy his teinds notwithstanding of the expiring of the years, and space above expressed: And it is declared, that if the heretors be minor, and his tutors neglect the buying of his teinds within the space foresaid, The minor shall have action for two years after his minority to compel the titular for selling of the said's teinds. Likeas his Majesty and Estates of Parliament grants power to the said's Commissioners to give recompense to parties for the augmentation of stipends to be imposed by this present Commission in the same way as was done by some former Commissions, as 1617. years: Likeas it is hereby declared, that where by mistaking and wrong counting, there was a greater quantity assigned to the minister out of any man's teinds nor is due by proportion according to the valuation, that the Commissioners may rectify the same without diminishing the ministers stipend, or wronging his possession, until it be given out of other teinds in the paroch: Likeas it is declared, that where the assignations are made wrong in the quality that the same might be reduced to the just number of bols of meal, beire, and wheat, answerable to the valuation, With power also to the said's Commissioners to assign the few duties of the parts of land; called Parsons and Viccars gleibes, to the ministers and others serving the cure. ACT XXXI. COMMISSION ANENT THE ARTICLES Referred to Consideration by the Treaty. 16. November, 1641. OUr Sovereign Lord, with consent of the Estates of Parliament, Considering that there are sundry heads of the Articles of the Treaty of peace betwixt his Majesty and his Subjects, and betwixt his Majesty's Kingdoms of Scotland and England, which are referred to be taken in consideration by the commissioners, to be apppointed by his Majesty with consent of both Parliaments, who shall have power to advise and treat thereupon, and to report their proceed therein to his Majesty and to the Parliament of both Kingdom's respective, and specially the articles after specified: And his Majesty with consent foresaid being willing, that a Commission be exped on their part for advising and treating upon the saids Articles, with the Commissioners chosen, or to be chosen by his Majesty with consent of the Parliament of England, within which is included the Kingdom of Ireland: Therefore his Majesty, with advice and consent of the Estates, gives and grants full power and Commission to the persons after specified, William Earl of Lothiane, John Earl of Lindesay, Lord Parbrothe and Struther, John Lord Balmerino, Sir Thomas Myretoun of Cambo, Sir Thomas Hope of Kerse, Sir Archbald Johnstoun of Wariestoun, Sir John Smyth of Grottell Burgess of Edinburgh, Patrick Bell Merchant Burgess of Glasgow, and Mr. Robert Barclay Burgess of Irving, as also to John Earl of Lowdoun Chancellor of Scotland, and Archbald marquis of Argyle, Earl of Kintyre, Lord Lorne, or any of them two, who beiss at Court, To be of the Commission with the remanent Commissioners above named: With power to the said's whole Commissioners above named, or any five of them, there being one thereof at least of every Estate, to convene with the Commissioners chosen or to be chosen by his Majesty with consent of the Parliament of England (within which is included the Parliament of Ireland, as said is) at whatsoever places and times convenient to be accorded amongst them, and there to consult, advise, treat, and agree upon the special Heads and Articles following: viz. Anent the Demand concerning the making war with Foreigners, and anent Leagues and Confederations to be made with foreign Princes and Estates, and concerning mutual Supply in case of foreign Invasion, and also concerning mutual Trade and Commerce betwixt the Kingdom of Scotland, England, and Ireland, and anent the pressing of Ships, and men, by sea or land, and als anent Naturalisation and mutual Capacity of the Subjects of both Kingdoms, who either of them, respective, of all Dignities, Liberties, Privileges, and other Benefits Ecclesiastical or civil, and others of that nature, and concerning the lawfulness and solemnity of the extracts of Bands or Decreets in either of the said's Kingdoms: And als concerning the manner of safe conduct for transporting from England to Scotland by sea or land, in such a way as may be most secure and least chargeable to the estate of Scotland, of the moneys given and promitted by way of brotherly supply, and assistance to the Estate and Kingdom of Scotland by the Parliament of England: And concerning what assistance Scotland shall give to England for suppressing of the Rebellion in Ireland, or to the Prince Elector, conform to the instructions given, or to be given to them for that effect, by the Lords of secret Council, to whom his Majesty and Estates of Parliament remits the same: And what the said's Commissioners their treaties with the said's Commissioners of England and Ireland, resolves and concludes upon, that they may make timous and due report thereof to his Majesty and the Estates of this Kingdom. ACT XXXII. COMMISSION FOR CONSERVING OF The Articles of Treaty. 16. November, 1641. OUR Sovereign Lord, Considering, That by the late Articles of Treaty, concluded betwixt the Commissioners of His Majesty's Kingdom of Scotland and England, Ratified by Parliaments of both Kingdoms: It is thought fit and necessary for observing the said's Articles of Treaty, made for establishing a firm and constant peace, That Power and Commission be granted by his Majesty, by advice of the Estates of Parliament of both Kingdoms, to the effect contained in the said Articles of Treaty, for performance whereof upon the part of His Majesties said Kingdom of Scotland, His Majesty with consent of the Estates of the said Kingdom by their presents, giveth and grants power and Commission to the persons after-specified, viz. John Lord Lowdoun Chancellor, James Duke of Lennox, James marquis of Hammiltoun, Archbald Earl of Argyle, William Earl of Mortoun, Alexander Earl of Eglintoun, William Earl of Glencairne, Charles Earl of Dumfermling, Robert Earl of Roxburgh, William Earl of Lothian, John Earl of Lauderdaill, George Earl of Kynnowll, William Earl of Lanerk, Alexander Earl of Levin, John Lord Lindesay, John Lord Balmerino, James Lord Almond, Sir Patrick Hepburne of Wauchtoun, Sir George Dundas of that ilk, Sir Thomas Myretoun of Cambo, Sir Patrick Hammiltoun, Sir Thomas Hope of Kerse, Sir Robert Inns of that ilk, Sir Archbald Johnstoun, Sir Alexander Erskene of Dun, Sir David Home of Wedderburne, Sir Robert Griersone of Lag, Sir William Scot of Harden, Sir john Charters of Amisfeild, _____ Ruthven of Frieland, _____ campbel of Cessnok, Sir David Grahame of Morphie, Sir Harry Montgomrie of Giffen, Sir William Forbes of Craigievare, Sir William Douglas of Cavers, Edward Edgar, Patrick Bell, William Glendoning, john Smith, Master Robert Barclay, Thomas Durham, james Fletcher, Patrick Leslie, Thomas Bruce, George Bell, james Sword, john Rutherford, Master john Corser, Hugh Kennedye, john Semple, Master Robert Cunyngham, Master Alexander Douglas, Richard Maxwell, or any twelve of them, With power to them, or any twelve of them, as said is, there being at least two of every Estate at any time or times in the Interim betwixt the sitting of the Parliaments, To convene amongst themselves, or with the Commissioners chosen, or to be chosen to the same effect by His Majesty, with consent of the Parliament of England, within which is included the Kingdom of Ireland, at whatsoever places and times convenient to be accorded unto amongst themselves, And to be careful, that the peace, now happily concluded, may be continued, And to endeavour by all lawful means, for preserving and keeping of the said's Articles of peace concluded in the foresaid Treaty allanerly, And therewith to use all their care to preveen all trouble and division which may arise by the breaking and violating of any of the said's Articles, concluded in the said Treaty, as said is: And if any debate or difference shall happen to arise, to the disturbance of the said common peace, That they labour to remove or compose the famine, according to their power granted to them in manner foresaid, and no other ways: It being always provided, That for all their proceed in this kind, they shall be answerable for the lawfulness thereof to the King's Majesty and the Parliament respective: and if any thing fall forth beyond their power, and which cannot be remedied by them, that they inform themselves of the particulars thereof, and represent the same to his Majesty, and to the ensuing Parliaments respective, That by his Majesty's wisdom and authority, and theirs, all occasions and causes of troubles being removed, the peace of the Kingdom may be perpetual to all posterity: And it is declared, that the power of this Commission shall be restrained to the Articles of peace, concluded in the said Treaty, as said is, and shall endure for the interim betwixt Parliaments allanerly, and shall expire at the next ensuing Parliament, at the which the said Commissioners shall be holden, to give an account of their diligence and proceeding in the premises. ACT XXXIII. ACT ANENT THE FIVE INCENDIARIES And the Plotters, And the King's declaration there-anent. 16 November, 1641. THe Estates of Parliament, considering that whereas albeit John Earl of Traquhair, Sir Robert Spottiswood of Donipace knight, Sir John Hay of Baro knight, late Clerk register, Doctor Walter Balcanquell, and Mr. John Maxwell sometime, pretended Bishop of Rosse, are cited before them, and accused as guilty of divers heinous and treasonable crimes perpetrated and committed by them against the Common wealth, contained in their several ditties, which they have just reason to prosecute: Nevertheless the said's estates of Parliament, taking into their consideration his Majesty's gracious goodness towards this his native kingdom, and his fatherly care and wisdom in composing of all past differences, and providing for the future, to the great joy and happiness of all his Subjects, do in retribution thereof, with an unanimous consent to testify their high respect and thankfulness to his Majesty, and that his Majesty may joyfully return a contented prince from a contented people, to the settling of his royal affairs in his other dominions, believing that the famine will be acceptable to his Majesty, and conducible to the good and peace of the kingdom, Declare, that for acquitting themselves of their oath, they will only proceed to the exact trial of the said's parties by a committee to be appointed and authorized by the king and Parliament, in respect of the present necessity of their other affairs, And after trial shall be taken of the said's persons, and of the crimes whereof they are accused, the Parliament declares, that they will not proceed to a final sentence, nor insist upon the punishment of those persons, but that they do for the reasons foresaids freely remit them to his Majesty. The Estates of Parliament considering, that whereas albeit James Earl of Montrose, Archbald Lord Naper, Sir George Stirling of keir knight, Sir Archbald Stewart of Black hall _____ are cited before them, and accused as guilty of divers crimes & misdemeanours committed by them, to the just offence of the Estates of Parliament, and derogatory to the great trust & confidence had of them, And albeit the Parliament have just reason to prosecute their processes, yet nevertheless the said's Estates of Parliament, taking into their consideration his Majesty's gracious goodness towards this his native Kingdom, and fatherly care and wisdom in composing all past differences, and providing for the future, to the great joy and happiness of all his subjects, Do in retribution thereof, with an unanimous consent, to testify their high respect and thankfulness to his Majesty, and that his Majesty may joyfully return, a contented prince from a contented people, to the settling of his royal affairs in his other dominions, believing that the famine will be acceptable to his Majesty, and conducible to the good and peace of the kingdom, Declare, that for acquitting themselves of their oath, they will only proceed to the exact trial of the said's parties by a committee to be appointed and authorized by the King and Parliament, in respect of the present necessity of their other affairs, and after trial shall be taken of the said's persons, and of the crimes whereof they are accused, The Parliament declares, that they will not proceed to a final sentence, nor insist upon the punishment of the said's persons, but that they do for the reasons foresaids freely remit them to his Majesty. At Edinburgh the sixteenth day of November, the year of God 1641 years, the Parliament having expressed their respect and thankfulness to his Majesty, by remitting unto him these that are cited as Incendiaries, and others, according to their above written declaration, he was graciously pleased (the better to testify his Princely care, and to prevent any fears that may be conceived from the meddling of those persons in the affairs of State or Court) to make this Declaration following: I Taking in good part the respect and thankfulness of this Parliament, in remitting to me these who are cited as Incendiaries, and others, according to their Declarations, Do declare, that I will not employ any of these persons in offices or places of Court or State, without consent of Parliament, nor grant them access to my person, whereby they may interrupt or disturb the firm peace which is now so happily concluded. ACT XXXIV. ACT AND COMMISSION FOR TRYING The Incendiaries and Plotters. 16. November, 1641. OUR Sovereign Lord and Estates of Parliament, having taken to consideration, That in the Session of Parliament convened by his Majesty's authority upon the eleventh day of June 1640. years, full power and warrant was given and granted to the Prese and Quorum of the Committee of Estates therein appointed for directing, in the King's Majesty's name, and in name of the Estates of Parliament, summons and precepts to the Lion King at Arms, and his brethren Heralds, Pursuivants, and Maissars, to warn and charge the persons under written, viz. John Earl of Traquaire, Sir Robert Spottiswood of Donipace knight, Sir John Hay of Lands, late Clerk Register, Doctor Walter Balcanquell, and Master John Maxwell, sometime pretended Bishop of Rosse, to compeir personally before the Parliament at certain days and diets bygone: And that conform to the said warrant of Parliament, summons were raised and intended at the instance of Sir Thomas Hope of Craighall Knight baronet, his Majesty's Advocate; and at the instance of Sir Thomas Nicolson of Carnock, Knight Baronet; Masters, Roger Mowat, Alexander Peirson, James Baird, and Thomas Nicolson, Procutors of the Estate, to compeire before the King's Majesty and Estates of Parliament at certain days and diets now bygone, to answer for the crimes of Treason, and other crimes contained in the said summons and precepts, of the date the _____ day of _____ year's. And als our Sovereign Lord and Estates of Parliament, considering that summons and actions are depending before our said Sovereign Lord and the Estates of this present Parliament, against james Earl of Montrose, Archbald Lord Naper, Sir George Stirling of Keir, Knight, Sir Archbald Stuart of Blakhall _____ as having been plotters, devisers, and machinators of courses against the public weal, and as having been the committers of other several crimes and forefaults, particularly specified and contained in the said summons, raised and depending against the saids Earl of Montrose, Lord Naper, Lairds of Keir, and Blakhall _____ Before the King's Majesty and Estates of this present Parliament of the date the _____ day of _____ 1641. years, as the famine at more length bears, Therefore our Sovereign Lord and the Estates of this present Parliament, for the further examination and trial of the persons above specified their guiltiness of the points and crimes above written, contained in the summons particularly and respectively above mentioned, Gives and grants by their presents full power, authority and commission to the persons after mentioned, viz. john Lord Lowdoun Chancellor, John Earl of Lauderdaill, _____ Earl of Weymes, Robert Lord Burghly, James Lord Couper, George Lord Forester, Sir john Hammiltoun of Preston, Sir William Cokburne Lord Langtoun, Harry Montgomrie of Gifin, Sir George Dundas of that ilk, Sir john Wauchope of Nidrie, William Rig of Ethernie, George Bell for the town of Linlithgow, Thomas Bruce for Stirling, Mr. George Grace for Hadingtoun, George Garden for Bruntiland, and Robert Cunnyngham for Kinghorne, James Sword for Saint Andrew's, and Sir Alexander Gibson of Durie, and Sir Adam Hepburne of Humbie, two of the ordinary Senators of the College of justice, or to any Quorum of the said number of the said's persons, being present for the time, which Quorum shall consist of nine, two being for ilk estate, by the said's two Judges above named, to proceed in all further examination of the points of the said's crimes consisting in facto: And that by examination of witnesses, and by writ, or other probation competent of the Law against so many of the said's persons as are not compeiring, without all farther citation, in respect of their absence and contumacy: And als to call and convene before them the foresaids' persons above rehearsed in the said summons particularly and respectively above written, so many of them as are incarcerate, before them, at such days and diets as they most conveniently shall appoint at Edinburgh the fourth day of January next to come, which is appointed to be the first diet of their meeting: And ordains these who are incarcerate to be cited personally, and these who are out of the Country, at the Mercat Cross of Edinburgh, Peire and Shore of Leith, To answer before the saids persons Commissioners, appointed by their presents, for the crimes particularly and respective contained in the said Summons above written, to the effect they may be further examined by them, and may object against such witnesses as shall be cited to compeire to depone in the said matter, With full power and Commission to the said's persons, or Quorum foresaid, to proceed in the cognition and trial of the crimes particularly and respective above written, to the discussing of the relevancy of the Summons particularly and respective above written, and to the receiving of all lawful probation in the saids crimes above written against the saids persons, particularly summoned, as is above written: And to that effect, to direct their Precepts and Summons for summoning of witnesses in the particular crimes respective above specified, under the pain of horning, and generally, all and sundry other things to do for the exact trial of the said's persons: Providing always, that the said's persons Commissioners, as is above specified, apppointed by their presents, shall not proceed, Like as our Sovereign Lord and Estates of Parliament presently convened, by their presents discharges the saids Commissioners and Quorum foresaid, to proceed to any decision in the said points or crimes, or to pronounce any sentence convictive against the saids persons particularly above written, summoned to this present Parliament particularly and respective, as said is, but only that the Commissioners foresaids shall do their diligence in the points particularly above specified, committed to them, in discussing the relevancy of the said Summons particularly and respective above written, and in receiving all legal probation thereupon, And the Commissioners or Quorum foresaid to proceed with all diligence, and make their report concerning the relevancy, and how fare they shall find the same proved, or not, without pronouncing any farther sentence against them, or any of them, and that they finish the process and trial before the first day of March next to come. ACT XXXV. ACT ANENT THE PASSING FROM These who are cited to the Parliament as unfriends. 16. November, 1641. THe Estates of Parliament, Considering that whereas there are divers and sundry persons indicted and accused before this Parliament, as guilty of certain crimes committed by them, against the State, and to the prejudice of the peace of this Kingdom, Nevertheless the said's Estates of Parliament, considering that by God's mercy and providence, and by his Majesty's great wisdom, all our tempests are turned into the calm of an happy peace, And that trial is taken anent the persuits and processes for which the said's persons are cited to the Parliament, Do hereby, out of their respect to His Majesty, to whom they know the famine will be acceptable, Declare that they have acquitted and discharged, And hereby acquits and discharges, all other persons, cited and called to appear before them, To answer for whatsoever crime or misdemeanour committed, during the late troubles: And declares the Act of Pacification and Oblivion, and benefit thereof, to be extended to them, siclike as if they had not been cited before this present Parliament: And but prejudice always of the restitution to private parties, conform to the said Act of Pacification contained in the Treaty, And of all lawful sentences recovered against any of the said persons, before the Committee of Estates: And declares, that this Act doth not extend to the Incendiaries or plotters, but only to such others who are cited to the Parliament as unfriends. ACT XXXVI ACT FOR SELLING OF YARN BY WAIGHT. 16. November, 1641. OUR Sovereign Lord and Estates presently assembled, Understanding how and convenient it is, that all yarn be bought and sold by weight: Therefore Our Sovereign Lord, with advice and consent of the said's Estates, Ratifies and approves the Acts of His Majesty's Council, Ordaining the same to be sold by weight, in all the heads, clauses and articles thereof, dated at Halyrude-house the 28. of July, 1631. years, and ordains the famine to stand as a Law, and to take effect in all time coming. ACT XXXVII. ACT ANENT LINEN CLOTH And breadth thereof. 16. November 1641. OUr Sovereign Lord and Estates presently assembled, finding that linen cloth is become one of the prime commodities of this kingdom, whereby many peoare put to work, and money is brought within the same, which partly through the deceit used by the bleitchers, in lyming thereof, and partly by the incertainty of the breadth, is likely to come in contempt abroad, to the great prejudice of this kingdom: Therefore his Majesty, with consent of the said's Estates, Statutes and ordains that no makers of linen cloth, nor no others whatsoever, present to market, or other ways, make or sell any linen cloth of the price of ten shillings the elne or above, of less breadth than an elne, And all under the said price, to be of no less breadth than three quarters of ane elne, under pain of confiscation of all such linen presented to marker, or other ways sold, which shallbe found not to be of the breadth , And ordains the magistrates, within whose bounds and jurisdictons the said linen cloth, made contrair to this statute, shall happen to come, to confiscate and escheat the same, And for this effect, to search all the markets within their bounds: As also discharges and inhibites all our Sovereign Lords liege's and subjects, that none of them presume nor take upon hand to bleitch any cloth with lime, under pain to be punished in their persons and goods at the will of the Magistrate, within whose bounds they dwell: And last, it is stature and ordained, that all linen cloth shall be taken up by the selvedge and not by the rig, and so to be presented to the market, and ordains the sheriff of the shires and Magistrates within burgh, to put this statute to execution within their several jurisdictions. ACT XXXVIII. DIS CHARGING THE IMPORTATION Of strong waters. 16. November 1641. OUr Sovereign Lord and estates of Parliament, understanding, that there is divers strong waters brought into this kingdom from foreign places, which might be more conveniently made within the kingdom, to the benefit of the natives thereof: Therefore his Majesty, which consent of the said's Estates, discharges all inbringing of aquavitie or strong waters, within this Kingdom, under the pain of escheat thereof. ACT XXXIX. ACT ANENT THE EXSISE OF Herring. 16. November 1641. OUR Sovereign Lord and Estates of Parliament, considering that his Majesty's assize of all Herrings slain within the Reid-head, and Saint Tobs-head, is a thousand Herrings forth of ilk boat, ilk dreave that holds: And finding the collecting of these Herrings to be very hard and difficile, have thought expedient to modify the price of these Herrings, and convert the famine thousand Herrings into money, And therefore our said Sovereign Lord, with the advice of the Estates, modifies and converts the price of the said one thousand Herrings, payable for assize, to the sum of six pounds' money of this Realm, and declares that to be the constant price thereof in time coming, without respect of dear or cheap Herrings: And because the fisher's residents in the East Seas, and who dwell within the said's bounds, on the North and South side of Forth and Tay, bywest the Reid-head, and Saint Tobs-head, in respect of the great hazard and danger they are in, in venturing to the North Isles with their Ships and Barks, wherein they transport two Boats or Yolles, as pendicles of the said's Ships and Barks, and vehicles for their use and the better accommodating of their voyage, were in use to pay only the sum of five pound in satisfaction of the assize Herrings, ilk Tack that holds for ilk Ship or Bark, without having respect to Ship-boats and Yolles, which are only pendicles, and vehicles of the said's Ships and Barks: Therefore his Majesty, with advice of the Estates, being certainly persuaded, that it is impossible to the said's fishers to accomplish their voyages, unless they have two Ship-boats or Yolles carried in the saids Ships or Barks, as pendicles and vehicles thereto: Declares, that the said's fishers, are and shall only be liable in the said sum of six pounds, in full satisfaction of the assize in the North Iles, for ilk Ship or Bark, ilk Tack that holds, not having regard of the said's ship-boats or Yolles, there being but two Boats to ilk ship at the farthest, which they do hereby liberate and exeem from all payment of any duty: And discharges all our Sovereign Lords Liege's for exacting or uplifting any other assize from the said's fishers, nor the particular duties above specified: And ordains the collectors thereof to uplift the same legally, after ilk dreave, and to desist from troubling the fishers during the time thereof. ACT XL. ACT ANENT LOYAL PACKING OF Salmond. 16. November 1641. OUR Sovereign Lord and Estates presently assembled, Understanding that the Salmond fishings are one of the principal benefits whereby Trade is maintained, and money brought in the Kingdom, and that through the evil ordering thereof, both in the insufficiency of the Barrels, & 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, Ordains an act to be made, Ratifying and approving 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 Knappell, wherefore he shall be answerable, without worme-holes, and white wood of sufficient tichtnesse, for containing the pickle, and sufficient tichtnesse for enduring all kind of 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 Halyrude-house, the fifteenth day of July 1619. years, which His Majesty with consent foresaid, Ratifies and approves in all the heads, clauses and articles thereof, to be ratified in this present Parliament, under the pain of five pounds to be paid by the Couper for ilk unsufficient barrel, and escheat, of the famine barrel, and that the famine be well pined in the pickle before the packing thereof, and thereafter the said barrels, to be well tichted and double girted, before the transporting thereof to foreign Nations. And that no barrel be sooner made and blown, but the Coupers' birne 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 losses as happen to be laid on the fish at the Market, if it be found to be in the default of the Couper, by the insufficiency of the tree, or packing, or any other means in the Coupers' fault, and that they keep right jedge both in the length of the staves, the bilge girth, the wideness of the head, and deepness of the chin, The barrel being made, marked, and thrice gene in the packing, shall be marked with the marking iron, under a very particular merchands mark, as use is, and that no burgh, or any other trading with Salmond, shall presume to counterfeit the mark or birne of Aberdene, under the 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 Magistrates within burgh to put this act to execution. ACT XLI. ACT ANENT THE KING'S MAJESTY'S Rents, uplifted by warrant of the Committee of Estates for the public use. 16. November, 1641. OUR Sovereign Lord and Estates of Parliament, Considering that during the time of the late troubles of this Kingdom, there were some of his Majesty's rents, customs and impost, uplifted and intrometted with, for serving of the present necessities of the public affairs of this Kingdom, by warrant of the late Committee of Estates, and by other public orders, and that there were sundry bygone pensions and fees due to divers of His Majesty's Pensioners and Servants, satisfied and paid to them, conform to their rights and pensions by order of the late Committee of Estates, residing at Edinburgh: And His Majesty being graciously pleased to approve and allow of the foresaids intromissions had, and payment made in manner, and for the causes above-written, Therefore our said Sovereign Lord, with advice and consent of the said's Estates of Parliament, Ratifies, approves and dispenses with all such intromission with His Majesty's rents, customs and impost, as have been uplifted, paid and intrometted with, preceding the twenty ninth day of June last bypast, for the uses and causes foresaid: Together with the payment of the same made by public order, as said is: And declares that the famine payment made, and intromission had by warrant from the said Committee of Estates, or by other public orders, preceding the said twenty ninth day of June last bypast, are and shall be sufficient exoneration to the payers of the said's rents, customs and impost, and to the receivers of the famine, by virtue of the said's public orders, and to all others concerned therein, like as the discharges upon the payment thereof by public order foresaid, shall be allowed to the payers of the same, in the accounts of their intromission, with his Majesty's rents, customs and impost foresaid, to be made in His Majesty's exchequer, whereanent their presents shall be a sufficient warrant to all that are concerned therintill, and to the Lords and Commissioners of His Majesty's Exchequer, to allow and defray the famine in the saids accounts to be made in Exchequer by the chalmerlands, intrometters with, and receivers of his Majesty's rents, customs and impost foresaid, and ordains count to be made of the said intromission in Exchequer. ACT XLII. ACT ANENT THE DISCHARGING OF Advocations for sums within an hundred pounds. 16. November, 1641. OUR Sovereign Lord and Estates presently convened, considering the manifold prejudices and trouble arising to divers of his Majesty's Liege's, in pursuing of matters of small importance, by the too frequent granting of Advocations from inferior Judges: Therefore our said Sovereign Lord, with advice and consent of the said's Estates, discharges the Lords of Session from giving and granting Letters of Advocation of any actions intended or to be intended before whatsoever inferior Judicatories, which may competently, by the Laws of the Kingdom, be decided by the said's inferior Judges, before whom the said action is or shall be intended, for sums of money within an hundred pounds, or for any other causes, whereunto by the Laws of the Kingdom the said's inferior Judges are appointed Judges. ACT XLIII. ACT ANENT THE DIRECTING OF Cocquets within the Regality of Saint Andrew's, in the King's Majesty's Name. 16. November, 1641. OUR Sovereign Lord, with advice and consent of the three Estates of Parliament, statutes and ordains, That all Cocquets to be given forth within the Regality of Saint Andrew's, now holden of the King's Majesty, through the abolition of Bishops, be directed and granted by John Lord Lindsay, and his Deputes, Cocquet-keepers, within the Regality foresaid, in all time coming, in the King's Majesty's name, whereas the famine were before directed in name of the Archbishop of Saint Andrew's. ACT XLIV. ACT DISCHARGING THE TRANS. Portation of Eggs. 16. November, 1641. OUR Sovereign Lord and Estates of Parliament find that it is necessary and expedient, for the good of the public, that the transporting of eggs out of this Kingdom be restrained, in respect it brings not any considerable monies into the Country, no ways comparable to the loss, considering the diet of poor labouring servants, who eat only bread, and drink water, if eggs were restrained, might be bettered, by getting eggs to his meat at an easy rate, or of his own, The breed of Chickens, Hens, and Capons, would be in fare greater abundance, so that they might sell at two pence, a groat, and six pence, where they are now two groats, twelve pence, and eighteen pence: And where the eggs sell now at forty pennies, sometimes a groat, might be sold for twelve pennies, or eighteen pennies: And where they give five shillings six pence where the salt is made, they might sell their dearest for a two pence: Therefore to grant a restraint under the pain of confiscation of the eggs, and an hundred pound, toties quoties, to be incurred by the party transporter, to be proved by witnesses, or oath of party. ACT XLV. ACT AGAINST DESTROYER'S OF Planting, and others. 16. November, 1641. OUR Sovereign Lord, and Estates of Parliament, considering that Parks and Planting are great decorements, and much profitable to the Kingdom, and that the demolishing and down-casting of the dikes of either, and spoiling of the ground and planting enclosed within the famine, by these who are evil affected to policy, is a great discouragement to many who are virtuously disposed to Parking and Planting: Therefore his Majesty, with consent of the Estates, discharges all hawkers, hunters, travellers, and others persons whatsoever, to whom the 'samine Parking and Planting do not belong, from demolishing, down-casting, climbing, or any ways wronging of any of the Dikes foresaids, Parks and Planting within the famine, under the pain of five pounds toties quoties: Which fines, his Majesty and Estates foresaids declares to appertain to the owners of the said's Parks and Planting, they or their servants deprehending the failers: And if any other deprehend them, the one half to appertain to the deprehender, the other to the heritor, With power to the deprehender to pursue the contraveener before the ordinar Judge: And if it shall happen the heritors own tenant to contraveen the Act foresaid, with power to the heritors to unlaw them at their own pleasure, the penalty and unlaw always not exceeding the pain foresaid. ACT XLVI. ACT ORDAINING THE PURSUER OF The thief to be restored to his own goods. 16. November 1641. OUR Sovereign Lord and Estates of Parliament, understanding, that when any thiefs were taken and executed for theft, or declared fugitives for not entering and under-lying the law, therefore their whole escheat fell to the King's Majesty, and the goods stolen, pertaining to the pursuer of the said's thiefs, and so the said party wronged was prejudged of his own geir: Therefore, and for remeed whereof, our said Sovereign Lord and Estates of Parliament statutes and ordains, that any person, having any goods or geir stolen from them, and having pursued the stealer thereof, shall have their own goods again wherever the famine can be apprehended, although the thief stealer thereof suffer: And where the said's stolen goods cannot be had, ordains the pursuers of the said thief to have the just value, price, and avail of the goods and geir stolen from him, out of the readiest of the thiefs goods: Together with the expenses they shall wair in the said pursuit, the pursuers always pursuing the thief, usque ad sententiam, reserving to the taker and Sheriff the expenses bestowed by them in the taking and execution of the thief. ACT XLVII. ACT ANENT COALE-HEWERS. 16. November, 1641. OUR Sovereign Lord and Estates of this present Parliament, ratifies the eleventh Act of the eighteenth Parliament of King James the sixth of worthy memory, made anent Coale-hewers and Salters, with this addition, that because Watermens who laves and draws water in the coale-heuch-head in this Kingdom, and gaits-men who work the ways and passages in the saids heuches, are als to the owners and masters of the said coale-heuchs as the coale-hewers and bearers, It is therefore statute and ordained, that no person shall hire or seduce any watermens, and winds-men, and gaits-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 coale-hewers from their masters, It is therefore statute and ordained, that it shall not be lawful to any coale-masters in this Kingdom to give any greater fee nor the sum of twenty marks in fee, or bounteth, under any colour or pretext: And because the said's coale-hewers, and salters, and others workmen in coale-heuchs within this Kingdom, do lie from their work at Pasch, Yule, Whitsunday and certain other times in the year, which times they employ in drinking and deboishrie, to the great offence of God, and prejudice of their master, It is therefore statute and ordained, that the said's coale-hewers and salters, and others workmen of coale-heuchs in this Kingdom, work all the six days of the week, under the pains following, that is to say, That every coale-hewer or salter who lies idle, shall pay twenty shillings for every day, by and attour the prejudice sustained by their master, and other punishment of their bodies. ACT XLVIII. ACT DISCHARGING THE MIXING OF TIN With lead. 16. November 1641. OUR Sovereign Lord and Estates of this present Parliament, considering the great hurt sustained by his Majesty's Liege's by the fraudulent dealing of pewterers, in mixing the finer sort of tin brought from England, France, Flanders, and other parts beyond sea, with base and courser mettle of tin and lead, & their exacting greater prices betwixt the new cassin by them, and the old, which they receive from the liege's: For remeed whereof, it is statute and ordained, that the pewterer or founder of tin shall put the mark of the thrissle, and his own name upon every piece of work that he happens to cast, and that the same shall be of the finest of the pewter marked with the rose in England: And in case the same be under the finesse of the said pewter of England, that the same shall be confiscate, and he punished in his person at the discretion of the Magistrates of the Burgh where he dwells: And to that effect, that there be a visitor apppointed by the Magistrates for trying of the famine: As likewise that he shall take betwixt the pound of old tin and pewter, marked with the rose foresaid which he receives from the Liege's, and the pound of new cassin by him, eighteen pennies allanerly, under the pain foresaid. ACT XLIX. ANENT DOCQUETING AND PRESENTING Of Signators. 16. November, 1641. OUR Sovereign Lord, with advice and consent of the Estates of Parliament, Considering that by the twentieth Act of his Majesty's dearest Father King James the sixth his tenth Parliament, for avoiding the prejudice did then arise by the subscribing of sundry Signators and Letters at the importunate suit and desire of sundry persons, His Highness not being informed or timely warned to the effect and contents thereof, Therefore his Majesty, with the advice of the Estates convened in Parliament, did statute and ordain, that no Signator nor Letter whatsoever shall be presented to his Majesty in time coming, but by his ordinary officers, unto whom the famine properly belongeth, or who have power of docqueting and presenting by their patents, as the Act at more length beareth: And his Majesty, with advice and consent foresaid, also considering how prejudicial it is to his Majesty's honour, and the peace and good of his Majesty's Subjects, That Signators of one and the same thing without his Majesty's certain knowledge, shall pass his Majesty's hand in favours of several persons, or that Letters of contrary tenours shall be signed by his Majesty, and directed to Officers and Judges within this Kingdom, The only occasion thereof is, that others than the said Officers, or their Deputes, or others foresaid, to whom the famine may belong, Takes upon them to present Signators and Letters to his Majesty for their friends and acquaintance, either not knowing the former Signator or Letters of contrary strain, or of set knowledge to reverse what hath been done before, without giving true information or reasons to move his Majesty to sign these Signators, or wrest contrary Letters: For remeed whereof, his Majesty, with advice and consent foresaid, ratifies and approves the foresaid Act in all the points thereof, and declares that it shall not be leisome or permitted to any person or persons whatsoever, to present any Signator, Writ, Letters, or Warrant to be signed by his Majesty, except by the said's ordinary Officers, unto whose Office the famine properly belongs, and by others foresaids, having power and warrant, as said is: And that his Majesty may the better know what passeth his highness' hand, and upon what grounds and reasons he signs the famine, it is expedient, that any of the said's officers that shall present any signator, writ, letter, or warrant, to be signed by his Majesty, shall cause register the docquet of the same in a Register, and send the just and authentic double thereof, subscribed with their hand, to his Majesty's Secretary, who shall be obliged to give his Majesty notice and timous warning of any prior deed, different or contrair to the posterior, that his Majesty may either refuse the same, or specify his Majesty's certain knowledge for passing and signing thereof. ACT L. ACT ANENT THE ELECTION OF The Precedent of Parliament. 16. November 1641. OUR Sovereign Lord and Estates of Parliament, considering how necessary and expedient it is, that in every Parliament to be holden within this Kingdom, there be a Precedent of Parliament chosen by his Majesty, or his Commissioner, and Estates of Parliament, to proceed in all matters to be agitate in Parliament, Therefore his Majesty, with advice and consent foresaid, Statutes and ordains, that in all succeeding parliaments, after taking of the oath of Parliament by all the members thereof, they shall make choice of the Lord Chancellor, or any other the King, or his Commissioner, and the Estates shall appoint, to be Precedent of Parliament, who shall remain and continue Precedent als well in that Parliament wherein he is chosen, as in the next Parliament subsequent, until the said oath be taken, and another chosen to be Precedent in his room. ACT LI. ACT ANENT THE SUPERIORITY OF Lands, and others, which formerly held of Bishops and their Chapters, to be now holden of the King. 16. November 1641. OUr Sovereign Lord and Estates of Parliament, for removing all doubts and questions that may arise anent the superiorities of these lands, milnes, fishings, heritable offices, and others which held of the late pretended Bishops or of their chapters, by reason of the abolishing of Bishops and chapters foresaid, forth of this Kirke and Kingdom, and to the effect the subjects and vassals of these holdings may be put in assurance here-anent, have statute, ordained, and declared, and by their presents statutes, ordains and declares, That all these superiorities which formerly pertained to the said's pretended Bishops and their chapters, now abolished, as said is, do now pertain and belong, and shall hereafter pertain to our Sovereign Lord, & His Highness' Successors in all time coming: And that the Vassals of these Lands, Mills, Fishings, heritable Offices, and others, which formerly held of the famine Bishops and their chapters, do now, and shall in time coming hold the famine of our Sovereign Lord the King's Majesty and His Successors, in the same form and manner of holding, as they formerly held of the said's Bishops and their chapters, conform to the said's vassals their infestments and rights, made and pertaining to them, which are hereby declared to be unprejudged by the abolishing of the said's Bishops and their chapters, their former Superiors: And siclike, Our said Sovereign Lord and Estates of Parliament declare all these services of heirs to their defunct predecessors, to any of the Lands and others, holden of the said's Bishops (since the excommunication of Bishops,) whereby these heirs are served to the said's Lands to be holden of the King's Majesty, to be vallid and lawful services and rights led and done: And ordains all such services as are to be led & deduced hereafter, for serving of the heirs of the vassals of the lands and others foresaids, as heirs in the famine lands, to be served heirs thereintill, to be holden of the King's Majesty and His Successors foresaids, as their superiors of the famine Lands and others above mentioned, in all time coming, with this provision, that the few duties of these lands holden of the chapters now retained in titulo, shall pertain and be paid them, during the present titulars lifetimes: And it is declared, that this present act shall not be prejudicial to the infestment granted by his Majesty to the Duke of Lennox of the superiority of the whole Lands and Baronies which pertained to the temporality of the Archbishopric of Glasgow, but that the said infestment shall stand vallid in the self, and the vassals to hold their Lands of the said Duke of Lennox and his Successors, as their superiors thereof in time coming: And also declares their presents, neither act nor reservation foresaid, shall not be extended to the deanery or Sub-deanrie of Glasgow, nor nothing holden of the Dean or Subdean: As also but prejudice to the Earl of Lauderdaill, of his infestments of Stobo and Ettilstoun, which is no ways prejudged by this act nor reservation foresaid, Providing that this provision shall not better, nor strengthen the Earl of Lauderdails right and infestment foresaid, But the famine to be in that famine condition, as before the date of their presents. ACT LII. COMMISSION FOR REVISING OF The Registers. 16. November 1641. OUR Sovereign Lord and Estates of Parliament, considering that this long time bygone the Registers and Records of Parliament have not been visited, so that some of the ancient Records might have been abstracted, vitiate, or disordered: Therefore our Sovereign Lord and Estates foresaids, gives full power and Commission to the persons following, viz. the Lord Chancellor, the Earl of Argyle, Earl of Lauderdaill, and Clerk Register, to meet when the Lord Chancellor shall appoint To take inspection, and revise and look over all the whole Registers and Records of Parliament, aswell these in the Castle, as these in other men's custody, and to call for the old Inventars' thereof, and compare them with the Registers, and to make two new authentic Inventars' thereof, without copying of the said's Registers and Records: Which Inventars' shall be subscribed by the most part of the visitors, the one whereof shall be delivered to the Clerk Register, to be kept by him, the other Inventar shall be laid up, either with their Honours, or some other lockfast place, whereof the Lord Chancellor for the time shall keep the key, and to cause make presses, boxes, buists, or other necessaries fitting for keeping of the said's Registers and Records, And also to consider of the place and house where the said's Registers lie, and to advise and appoint the best ways and means for preserving and sure custody of the said's Registers and Records, With power also to them to mark and observe any defect or wants in the saids Registers and Records, and the vitiations thereof, if any be: And siclike, to mark, number, and put in perfect order, the said's Registers and Records, with power also to make a perfect Index of all the unprinted Acts of Parliament which do not concern particularly private persons, but such as import and concern only generally the whole liege's: And siclike, gives full power to the persons foresaids to lay up the principal late Treaty amongst the saids Records and Registers, and generally to do all and sundry other things, whereby the said's Registers and Records may be preserved, and their perfections or imperfections may be notified: And ordains them to make report of their faithful and exact diligence hereintill at the next Parliament. And our Sovereign Lord and Estates foresaid, declares their presents is no ways prejudicial to the Clerk Register of receiving, keeping, and using of the said's Registers, and keys thereof, in the mean time conform to his right and place. ACT LIII. ACT ANENT COCQUETS, AND ENTRIES of Ships, modifying the entry to 23. shillings 4. pennies, and the Cocquet to 40. shillings. 16. November, 1641. OUR Sovereign Lord and Estates presently convened, 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, 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. ACT LIV. ACT ANENT DISCHARGING THE Registration of comprisings, and appointing the recording and allowing of comprisings, and prices thereof. 16. November 1641. OUR Sovereign Lord and Estates of Parliament, having taken to their consideration, that the registration of Comprisings hath put the liege's to great, needless, and unnecessary charges and expenses, and that the famine doth neither add to the validity of the Comprisings, nor to the benefit of the Comprisers: And therefore have discharged, and by the tenor hereof discharges all registration of Comprisings, together with all gifts, Acts of Council, and others warrants, consuetude or custom whatsoever, granted or observed thereanent: And declares, that the famine Gifts, Acts of Council, and others warrants, consuetude or custom, to be null and of none avail, force nor effect, in all time coming. And siclike, our Sovereign Lord and Estates of Parliament, considering, that a short Record of all Comprisings of lands and rents, heritable bands, contracts, reversions, and others, and legals thereof, viz. of the comprisers names and designations, The defenders names, the debt for the which the comprising is used, the lands and others comprised, the Maissers and Clerks names, the times of the denunciations and executions, and witnesses thereto, and date of the comprisings, and of the superiors of the lands comprised, is very for the Liege's their informations: Therefore statutes and ordains, that all comprisers shall be obliged to bring their comprisings to the clerk of the Bills, within threescore days after the date of the comprisings, to the effect that the famine may be allowed by the Lords of Council and Session, At the which time, ordains the said clerk to the bills, to make a record of the said's comprisings in a book, wherein all comprisings shall be recorded in manner above written: for the which allowance and recording of the said comprising in manner above-written, the clerk shall have forty shillings for the whole record of ilk comprising and allowance: And siclike for the extract of ilk record of the said's comprisings that shall be extracted under the said clerk his hands, Our Sovereign Lord and Estates ordains the sum of twenty shillings for every extract, to be paid to the said clerk of the bills, as due price competent to him therefore, Which sum, the said clerk shall not transcend, under the pains contained in the acts of Parliament. ACT LV. ACT DISCHARGING THE LORDS OF Session, to exact twelve pennies for the pound, and all other exactions. 16. November 1641. OUr Sovereign Lord, with advice and consent of the Estates of Parliament, Considering that the Senators of the College of Justice, are sufficiently provided by His Majesty and Estates, for serving their places without further burden of the Liege's: Therefore His Majesty and Estates foresaids, discharges in all time coming, all sentence silver, twelve pennies of the pound, and other exactions imposed upon sentences and decreets to be pronounced by the saids Judges: And discharges all Acts, Statutes and Ordinances, made for payment thereof: With power always to the said's Judges, to modify such charges to the parties in whose favours the said's decreets and sentences shall be pronounced, as in equity and conscience they shall think reasonable, and as the malicious and wilful pleyars, pursuers, or defenders shall deserve. ACT LVI. ACT ANENT PARDON OF PENAL Statutes. 16. November, 1641. 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 insupportable, 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 the Estates of Parliament, to discharge freely, pardon and remit, and by these presents discharges freely, pardons, and remitts all contraveeners of any of the said penal Statutes, for all deeds done by them, contrary to the tenor of the same Statutes in time bygone, Except only the Statutes concerning the unlawful taking of usury, transporting of money and gold, slaying of red and black fish, with the penalties incurred by the concealers of annual rents, and wrongous up-givers of the inventars of their money, which are no ways discharged by this present Act nor comprehended under the same. ACT LVII. ACT IN FAVOURS OF ORPHANS, Fatherless, and others. 16. November 1641. OUR Sovereign Lord, with the advice and consent of the Estates of this present Parliament, Understanding many pitiful effects daily found and increasing, Anent the misery and poverty of Orphans and Fatherless children, to have been occasioned in this manner, That many ignorant people, the time of the acquiring to them of bands, contracts, and other securities for payment of sums of money, takes the famine to them, their herres, executors, and assigns, with clause and condition of payment of annual rent therefore during the not payment of the said principal sum, meaning thereby, that the famine should no ways remain unprofitable during the not payment thereof, And no ways that the said clause or condition should make the said sums and securities thereof to pertain to the heir in prejudice of their bairnes and others nearest of kin by the heir, whereas by the contrary by the interpretation now observed, all such sums and securities bearing annual or profit, are exponed to be heretable after the term of payment, and to pertain to the heir, so that thereby the rest of the children nearest of kin, and others having interest, are altogether therefrom secluded, and left pitifully unprovided of any means to live on, As also the said's bands and contracts, are very oft fraudfully concealed and abstracted, and never known to the true owner thereof, that in due time they might make use of the same, Which is against both equity and conscience, and the intention of the party acquirer of the said's securities, whereby great number of orphans, fatherless children and others that are so prejudged of that's due to them, eitherby their natural portion or otherways adebted, are brought to great poverty, and misery, and forced to become beggars, which is oft found by pitiful experience. For remeed whereof, our said Sovereign Lord, with advice of the said's Estates, statutes and ordains, That all contracts, or bands, for sums of money payable to parties, with condition of payment of annuallrent or profit made at any time hereafter, shallbe holden, and estimate, to pertain to the bairnes and nearest of kin to the defunct, except seizing follow thereupon in the life time of the creditor acquirer thereof, or that by the tenor of the band or contract, the famine be conceived to be payable to the heirs and assigns, secluding the executors, or other ways that the said band or contract bear per expressum, oblishment to infest, in either of the which excepted cases ordains the saids sums to be heretable, and pertain to the heir, and out with the said's excepted cases, ordains the said sums to be confirmed by the executor without payment of any quote for the famine, And that to the end the nearest of kin and others having interest, as said is, be no ways frustrate of what may be due to them, nor yet the said bands or contracts fraudfully concealed and abstracted from them, every one of them for their own parts, Providing always that by virtue of this present act, The bands or contracts hereby ordained to pertain to the nearest of kin to the defunct, and to be confirmed, shall not fall under the compass of escheat, nor yet any part thereof pertain to the relic jure relictae, But shall remain in the own nature quo ad siscum et relictam, as they were before the making of this act. ACT LVIII ACT ON FAVOURS OF THE VASSALS Of ward Lands, holding of the King and Prince. 16. November, 1641. OUr Sovereign Lord and Estates of Parliament, Taking to consideration the bounty and benevolence of his Majesty's most noble progenitors, King James the 2. and King James the 4. in giving their vassals Liberty to set their ward lands few, and herewith also remembering that by the 16. act of his Majesty's first parliament, anno 1633. his Majesty and the prince his highness their vassals of ward lands, are altogether secluded from that benefit of his Majesty's bounty and benevolence foresaid, which prejudice is by the 37. act of the session of this present parliament holden in June, 1640. years, recommended to be considered at the next meeting thereafter of the said parliament, and during that interim the force and execution of the said act 1633. is suspended and suppressed, And now his Majesty being graciously pleased of his royal favour and bounty that the vassals of ward lands holding of his sacred Majesty and of the Prince his highness, may enjoy their former liberty, with the benefit of his Majesty and his most noble progenitors their bounty and benevolence foresaid, unprejudged or empared by foresaid act, 1633. Therefore our said Sovereign Lord and Estates of Parliament rescinds and annuls the foresaid 16. Act of his Majesty's first Parliament, in anno 1633. years, intitulate, Anent vassals holding ward, And declares the famine Act to be null, of none avail, force, strength, nor effect in all time coming, in so fare as the famine Act is, or may be extended to the lands holden ward of the King or Prince, as said is: And declares the vassals of the ward lands foresaids, and others his Majesty's Liege's and Subjects, to be in that same estate and condition, and have the same liberty concerning ward lands, which they had before the making of the said Act, and as if the famine had never been made, Which our said Sovereign Lord & Estates of Parliament declares to be extinct, and of none avail, force, nor effect in all time hereafter. ACT LIX. ANENT THE BREADTH OF PLAIDING. 16. November, 1641. WHereas our Sovereign Lord and Estates presently assembled, understanding that the plaiding of this Kingdom is one of the most ancient & prime commodities thereof, which of late through the inconstancy of the breadth, is likely to become of no estimation abroad. Therefore our Sovereign Lord, with advice of the said Estates, ordains the makers thereof to make the same of no less breadth then of three quarters of an elne, under pain of confiscation of all that shallbe found of a lesser breadth, And farther, understanding that the Lords of his Majesty's Council had, for eschewing of the deceit in making thereof, ordained the same to be presented in Folds and not in Rolls to the market, as it was used of before, Therefore his Majesty, with consent and advice foresaid, ratifies and approves the said Act of Council dated at Edinburgh the twenty fourth day of March, 1635. years, in all the heads, clauses, and circumstances thereof, and ordains the same to takefull execution, and to stand as a law in all time coming. ACT LX. ACT IN FAVOURS OF LAIC PATRONS Of Provestries, Prebandries, Chaplandries and Alterages. 16. November 1641. OUR Sovereign Lord and Estates of Parliament, Ratifies and approves the Act of Parliament made by King James the sixth His Majesty's Father of eternal memory, Par. 1. cap. 12. anent Provestries, Prebandries, Alterages, Chaplandries and collegiall Kirks, pertaining to laic Patroness, together with the act of Parliament 12. cap. 158. ratifying the famine, and ordains the said 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, Prebanders, 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, Prebandries, Chaplandries, 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 farthest that they can know by any registers, is the infeftments and seasings made to these who are laic Patrons holding of His Majesty: Therefore for securing of the vassals, who hold Lands, Mills, Fishings, Tenements, annual rents of others whatsoever of the said's Provestries, Prebandries of collegiall Kirks, or of Chaplandries, Alterages and others of that nature, at any time of before: It is Stature and ordained that the entry of the said's vassals by retour precept of clare constat, resignation, comprysing, or other ways whatsoever, shall pertain to the laic Patroness and their successors, who stands infest in the said laic patronages holding immediately of His Majesty, and that the entry of the vassals by them, shall be als vallid and sufficient to the said's vassals receivers thereof, as if they were entered by the Titulars of the said's Provestries, Prebandries, Alterages, Chaplandries, and others foresaids, and that the said laic Patrons shall be in all time coming in their places 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 other 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 Prebandries of collegiall Kirks, Alterages, Chaplandries, or others titulars of collegiall Kirks, and also without consent of the chapter or convent of the said Prebandries 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, Prebandries, Alterages, Chaplandries, and others foresaids, the fruits, rents, and emoluments of the said's Provestries, Prebandries and others foresaids, which are no ways prejudged by this present Act. It is hereby father statute and ordained, where there is any Prebandries, Chaplandries, Alterages, or others foundations of that nature above mentioned, founded and situate within any burgh royal of this Kingdom, that the Provest, Bailiffs, and Council of that Burgh where the famine are founded, are and shall be in all time coming only indoubted Superiors, by whom, and by no others, the vassals and tenants, enter in manner above specified, the Provest and Bailiffs being always Patrons. ACT LXI. ACT DISCHARGING QUOTES OF Testaments. 16. November 1641. OUR Sovereign Lord, with advice and consent of the Estates of Parliament, taking to consideration the great burden, hurt, and prejudice his Majesty's liege's have sustained their many years bygone, by exacting of great quote the time of the confirmation of the defuncts Testaments, to the wasting and consuming of the means and estates of Minors in special, and to the general grievance of persons of all sorts: Therefore our Sovereign Lord, with consent foresaid, out of his Highness' gracious care, and fatherly affection to the weal and ease of all his Majesty's subjects, statutes and ordains, that no quote shall hereafter be paid by any of his Majesty's subjects, for any Testament of whatsoever quality, to be confirmed by them: And for that effect discharges all Commissars, Commissars Clerks, Fischals, and others whom it effeirs, not to exact nor uplift any quote, for whatsoever Testament to be confirmed hereafter, the party confirmer paying allanerly the other ordinar deuce as appertain. ACT LXII. COMMISSION FOR REGULATING OF Commissariates. 16. November, 1641. OUr Sovereign Lord, with advice and consent of the Estates of Parliament, hath given and granted, and by the tenor hereof gives and grants full power and Commission to these persons, who shall be nominate by the Lords of secret Council, to whom his Majesty and Estates of Parliament remits and refers the nomination of the Commissioners to the effect after specified, or any five of the said's Commissioners, to be nominate by the saids Lords of Secret Council, as said is, for ordering the Commissars jurisdiction, and clearing the bounds and limits thereof, that there be no occasion of question betwixt them and other inferior Judges, with power to the said's Commissioners to regulate their judicatories, and set down prices upon the Seals, Testaments, Summons, Acts, Decreets, and all other Writs concerning that Office, to be taken by Commissars, their Clerk, or Procutor Fischall, all quotes of Testaments being specially discharged to be exacted in any time coming, and to settle and establish the fees of the Commissars of Edinburgh: and for that effect to meet and conveen at Edinburgh the _____ day of _____ with power to them to appoint diets as oft as they shall think fit, until the said Commission take effect anent the particulars foresaid: And whatsoever the said's Commissioners, or their Quorum, shall determine and conclude thereanent, our Sovereign Lord, with advice foresaid, ratifies and approves, and ordains the same to have the strength, force, and authority of an Act of Parliament. ACT LXIII. ACT DISCHARGING MONOPOLIES. 16. November 1641. OUR Sovereign Lord and Estates of Parliament, considering the great hurt and prejudice sustained by sundry his Majesty's liege's, by the Monopolies used and exacted within this Kingdom, and which have been conferred to the use of any particular person or persons, to the great hurt and prejudice of others his Majesty's liege's, and specially the gift for selling Tobacco, granted to Sir James Lesley, and Thomas Dalmahoy, the Patent of the Leather granted to the Earl of Marre, the Patent of Pearling granted to _____ Bannatine, the Patent of Pearl granted to Robert Buchane, the Patent of Armoury granted to Harrie Mauld, Therefore our Sovereign Lord and Estates of Parliament, by the tenor hereof annuls, rescinds, and simply discharges the particular gifts foresaids, granted to the persons above written, and all that may follow, or hath followed thereupon, And ordains the same and all other Patents of that nature, purchased or to be purchased for the benefit of particular persons, in prejudice of the public, to cease and be ineffectual in all time coming. ACT LXIV. COMMISSION FOR MANUFACTORIES. 16. November, 1641. OUR Sovereign Lord and Estates of Parliament, considering how necessary, expedient, and profitable the erecting and maintaining of Manufactories will be for this kingdom, as well in keeping great quantities of money within the same, which is now daily exported for wrought commodities, as in setting poor ones on work, restraining of idle beggars, increase of virtue, and bringing of monies into the Country: And this being a matter of so great goodness, wished by every man, and oft times aimed at, to be brought to some perfection, as witness many several acts of Parliament, acts of Convention and Council, especially King James the sixth his seventh Parliament, cap. 113. Item King James 6. his 15. Parliament, cap. 250. and 252. Item the acts of Council, May 1597. July 1600. November 1601. December 1601. May 1612. Octob. 1614 August 1616. July 1620. Feb. 1623. July 1623. Item the acts of Convention, June 1605. November 1625. August 1626. yet the famine hath not as yet made any considerable progress, for want of cherishing, entertainment, and right order for prosecution thereof: In consideration whereof, His Majesty and Estates of Parliament, being resolved to use all ordinar means for erecting, cherishing, and maintaining of Manufactories within this Kingdom, And His Majesty, with advice and consent foresaid, being graciously pleased to grant all Liberties, Privileges and Immunities to the erectors thereof, Therefore His Majesty and Estates foresaid, gives, grants and commits to these persons, or Quorum thereof, who shall be nominate by the Lords of secret Council, (to whom the King's Majesty and Parliament hereby gives the nomination of the said's Commissioners, and Quorum thereof foresaid, to the effect after specified,) full power, warrant and commission, to meet and conveen at Edinburgh, or any other place or places, at such days and times they or the said Quorum shall think fitting, and there to consult, advise and determine upon the best rules, overtures and propositions, and ways for erecting and maintaining of the said's manufactories of all sorts: With power to them, or the said Quorum To call and conveen before and with them, any person or persons who can give them information or assistance in the saids businesses: As also with power to them, or their said Quorum to appoint correction-houses in such parts of the Kingdom, as they shall think most conducible for the good of the said's Manufactories, and restraint of idle and masterless beggars: As also with power to them to prescribe rules and ways for assisting, supplying, and maintaining of these who have already, or shall, during the time of this Commission, erect and entertain any of the said's Manufactories, and to direct letters against masterless people, and their receptars, as well to burgh as land-ward, commanding them to work at such reasonable rates, as the said Commissioners, or Quorum thereof, shall appoint: With power likewise to them to make Corporations, and to grant them privileges, conform to the laws of the Kingdom. And sicklike, his Majesty, with advice foresaid, out of his gracious favour and bounty, doth hereby, for the better encouragement to all these who have undertaken, or shall undertake the erecting and maintaining of the said's Manufactories, or any one thereof, gives and grants to them the privileges and immunities following, viz. all Spanish and foreign fine wool, for making of fine cloth, shall be custom free: Item, all litster ware, oil, and others necessaries for the use of the said's works allanerly, shall be free of all Customs and Impost: Item, all parcels of cloth, Seyes, and others, made by any who have erected, or shall erect any of the said's works, shall be Custom and Impost free for the space of fifteen years after the erecting thereof: Item, the workers of the said's works erected, or to be erected, shall be free of any taxation or imposition to be imposed on the Kingdom for any occasion bygone or to come: Item, it shall not be leasome to any in the Kingdom to hire, reset, or entertain any of the servants of the said works, without consent of the Masters thereof. ACT LXV. COMMISSION BY THE KING AND Parliament, to the Lords of secret Council. 16. November, 1641. OUr Sovereign Lord, with advice and consent of the Estates of Parliament, Considering that his Majesty being now actually present in his royal person in this his native and ancient Kingdom, and willing before his return to England (where his Majesties more ordinat residence hath been heretofore, and will apparently be in time coming) to leave behind him such a pledge and testimony of his tender respect, royal care, and fatherly affection for establishing the good and happy government of this his Majesty's ancient Kingdom, as in some measure may supply the want of his royal presence amongst them, Hath to this effect, out of his native goodness, condescended to an Act made in this present Session of Parliament with consent of the Estates, whereby his Majesty for himself and his Successors, hath willed, enacted, and ordained, that now and in all time coming, the Officers of State, Lords of secret Council, and Lords of Session, on whose care, wisdom, and fidelity in their several judicatories (which next unto the supreme Court of Parliament are the chief and principal judicatories) depends the weal and happiness of the government, shall be chosen now and in all time coming, by His Majesty and his Successors, with advice and approbation of the Estates of Parliament when they are sitting, and for the interim, with advice of the Lords of secret Council and Session respective, as in the said Act of Parliament at more length is contained: Therefore His Majesty hath, with special advice and approbation of the said's Estates, nominated, elected and chosen the persons after following, Lord Loudoun Chancellor, Duke of Lennox, marquis of Hammiltoun, Earl of Argyle, Earl Martial, Earl of Sutherland, Earl of Mar, Earl of Mortoun, Earl of Eglintoun, Earl of Cassils', Earl of Glencairn, Earl of Murray, Earl of Pearth, Earl of Dumfermling, Earl of Wigtoun, Earl of Kinghorne, Earl of Roxburgh, Earl of Sea-forth, Earl of Lauderdaill, Earl of Lothian, Earl of Kinnowl, Earl of Southesk, Earl of Weymes, Earl of Dalhoussie, Earl of Finlater, Earl of Lanerk, Earl of Levin, Lord Angus, Lord Lindesay, Lord Yester, Lord Sinclair, Lord Elphingstoun, Lord Balmerino, Lord Burghlie, Lord Almond, Lord Balcarras, Clerk Register, Advocate, Justice Clerk, Thesaurer Depute, Master of Requests, Sir Robert Gordoun, Sir William Douglas, Sir Patrick Hepburne, Lord Dundas, Lord Fintrie, Lord Cambo, Lord Dun, Lord Inns, Lord Morphie, The Provest of Edinburgh for the time being, and their supernumerary Councillors English, viz. _____ Earl of Arundall, _____ Earl of Pembroke, Earl of Salisbury, _____ Earl of Holland, To whom, or any nine of them, by these supernumerary above named, His Majesty with advice and consent of the said Estates hath committed, and commits the administration and government of this his Majesty's native Kingdom in all affairs concerning the peace, good, and happiness thereof, which by the Laws and Custom of this Kingdom, pertains to the judgement, cognition, and determination of his Majesty's privy Council, with power to them, or any nine of them, as said is, to meet and conveen at the place apppointed for the ordinair residence of his Majesty's privy Council within the burgh of Edinburgh, or at any other place or places, which by common consent in case of any necessity or urgent occasion thereof, shall be found most fit and convenient, and there to advice, consult, deliberate, conclude, decern, and determine upon all and sundry affairs, purposes, and actions, which may concern the good and peace of the Kingdom, according to the Laws and Acts of Parliament established, or to be established within the famine, and to hear, decide, and determine upon all causes and actions betwixt Subject and Subject proper to be decided by the Lords of his Majesty's privy Council, and that none be present at their meetings but such as are of the privy Council, with the clerk of the privy Council, whom his Majesty with advice foresaid continues in his place as of before: His Majesty with advice and consent foresaid hath likewise given and granted, and by the tenor hereof gives and grants full power and Commission to the said Council and every one of them upon any interveening occasion of disorder or trouble in such parts of the Country, where they shall remain for the time, To command and charge the person or persons committers of such disorders to observe and keep his Majesty's peace, and to charge the contraveeners thereof to enter their persons in ward, in such part or places, or within such a short space, as the said Counsellor shall think meet, there to remain till order be taken by a full number of the Council in the matter wherein they have offended, Providing always he be comptable to his Majesty and the rest of the Council, and that no just cause of complaint be heard against him: And if the person or persons so charged to ward, shall happen to disobey and contemn the charge, his Majesty with advice and consent of the said's Estates declares, that upon report thereof to the Council, a pecunial sum shall be imposed upon the offender, according to the quality of his person and nature of his offence, and the Council is to cause apprehend the offenders, and commit them to ward, with power likewise to the said Council to make and set down Acts and Ordinances for government of the Kingdom, and suppressing of disorders within the same, With power likewise to the said Council, to give and appoint Assessors to the Justice general and his Deputies in case of necessity, and to give warrant to the said Justice, his Deputes, and Assessors, for continuing execution after conviction, or for mitigating the punishment of the Law in criminal causes, if the nature and quality of the crimes shall require, & to grant Commissions of justiciary in matters criminal, & other Commissions in matters concerning the weal of the Kingdom, and als with power to them to give warrant to the said Justice general, his Deputes and others Commissioners foresaids, for imponing of fines or pecunial sums upon the crimes of Adultery, bearing and wearing of Hagbuts and Pistolets, usury, and such other transgressors of the acts of Parliament, where the punishment by the Law is inflicted upon body or goods, or left to the arbitrament of the Judge: And likewise with power to them, to grant exemptions from hosts, raids, assizes and licences, for departing out of the Kingdom, according to the conditions contained in the act of Parliament: And also with power to the said Council, in case an open and avowed rebellion shall happen to be raised within the said Kingdom, which cannot be redressed but by force, To give commission of Lieutenantrie and justiciary for repressing of the said rebellion, and to direct charges to such parts of the country as they shall think fit for concurrence to be given in execution of the said commission, and to give order and direction to furnish and advance the sums of money that shall be requisite in such expeditions: With power likewise to the said Council to raise the Session upon any interveening occasion or necessity, and to appoint times and places of their down sitting: And generally, with power to the said Council, to do, use and exerce all and every thing, which the Council of the said Kingdom did, or might have done the time of his Majesty's late Father: Providing always, like as his Majesty expressly provides, with advice and consent foresaid, that this Commission shall no ways be prejudicial to the commission of Exchequer: And it is declared that any nine of the said Council shall be a sufficient number and make a Session, providing the Lord Chancellor be one of the nine: and in case of the absence of the said Lord Chancellor, it is declared that it shall be lawful to any nine or moe of the Council convened in the ordinar place, and at the indicted time of meeting, to choose one of the number convened, who shall preside at the meeting als oft as the Lord Chancellor shall be absent. And his Majesty and Estates, considering that the often absence of the most part of the Council, and their not attendance upon the charge and trust concreded unto them, will be a great impediment and hindrance to his Majesty's service, Therefore his Majesty, with advice foresaid, declares, that it is his special pleasure and command, that the Lord Chancellor, or Precedent of the Council, to be elected as said is, do see and provide that the Council be frequent, specially in great and weighty matters of Estate: And if upon occasion that requires the number of the Council to be more full than the said Quorum, the Lord Chancellor, or Precedent to be elected in manner foresaid, shall write to such others of the Council as they think fit to be present, and give their attendance: In which case, if any disobey, without a licence obtained from his Majesty, or the Quorum of the Council, or without some reasonable cause (either of which shall excuse their absence) then and in that case his Majesty, with advice foresaid, wills, that the absent shall be censured by the said Council, as a neglecter of his Majesty's service, and that his Majesty be advertised thereof. And it is declared, that if any of the said's Counsellors places vaiks by decease, dimission, or deprivation, that his Majesty in the interim shall nominate another of the same degree and quality in the vacant place, with advice of the most part of the Lords of Privy Council, they being all present at the said election, at the least lawfully warned to that effect, upon fifteen day's warning, conform to the Act of Parliament made thereanent: Which election made in the interim, as said is, shall be allowed or disallowed by his Majesty, with consent of the Estates in the next ensuing Parliament, as they shall think expedient. And als his Majesty, with consent of the said's Estates, gives power to the said's Lords of Secret Council, or any nine of them, as said is, to set down such rules and orders for their meetings and attendance, and spaces and times thereof, as they shall resolve, appoint, and ordain amongst themselves: And wills and declares, that the said's Lords of Secret Council, now nominate, as said is, and these who shall be surrogate in their places in the interim, in manner foresaid, shall have, bruik, and enjoy their places ad vitam vel ad culpam, and shall be liable to the censure of his Majesty and the Estates of Parliament, anent their proceed therein, firm and stable, holding whatever by the saids Lords, or any nine of them, as said is, shall be lawfully done in the premises: And decernes and ordains all his Majesty's liege's and subjects to reverence, acknowledge and obey the said's Lords of his Majesty's council in all things concerning the charge and trust committed to them, as said is, under all highest pain and charge which after may follow: And this Commission to endure to the next Parliament and longer, ay and while the same be expressly discharged. ACT LXVI. ACT DISCHARGING THE CUSTOM Of two and an half of the hundred, and the Impost of four pounds on the Tun. 17. November 1641. OUR Sovereign Lord and Estates of Parliament, considering that the prices of all Merchandise do daily rise to exceeding great dearths, which is alleged to be occasioned through extraordinary Customs and Impositions: For remeed whereof his Majesty, with advice and consent of his said's Estates, doth discharge all and sundry whatsoever Customs and Impositions exacted by the Customers, which are not allowed and approved by the Acts of Parliament, and especially the late Custom of two and an half per Centum, and late new Imposition of four pound 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 Merchant estate, and drawing of Masters and Mariners from their ordinary charges, doth much impede the trade: Therefore his Majesty, with advice and consent foresaid, 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, therefore his Majesty, with consent foresaid, declares, that all goods and Merchandise imported from foreign places to this kingdom and out, paying inward Custom, shall be free of all outward Custom, according as is used in England and Ireland. Like as 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 Burrowes: Whereupon the Burrowes having advised, they made choice to be ruled by 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 and Estates of Parliament ordain 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 said Sovereign Lord and Estates of Parliament, ordains the Act above mentioned to stand as a law in manner, and to the effect before rehearsed. ACT LXVII. ACT IN FAVOURS OF MINORS ANENT The duties of the lands comprised from them. 17. November 1641. OUR Sovereign Lord, with advice of Estates of Parliament, ratifies and approves the Act of Parliament made in August 1621. cap. 6. in so fare as the famine concerns Minors, and declares, that the true meaning thereof was and is, that Minors, having right to the legal reversion, should be no further obliged, than during their minority of 21 years of age, but allanerly for the annual rent of the sums contained in the comprisings, and that they tyne not the right of the superplus of the nails and duties of the lands, so fare as the famine exceeds the said annual rents enduring their said minority. ACT LXVIII. ACT ORDAINING THE COMMISSIONERS For the Thesaurarie. 17. November 1641. OUR Sovereign Lord, Considering that His Majesty was lately pleased to condescend to the humble desire of His Majesty's Estates of Parliament, to nominate by their advice and approbation, His Officers of Estate, of whom his Majesty's high Thesaurer is one, And that His Majesty for the present is not resolved upon the nomination of any particular person, to enjoy the said place, but hath with advice of the said's Estates, taken present course to supply the want of a principal Thesaurer, by a Committee, Therefore His Majesty with consent of the said's Estates, makes, nominates and constitutes, John Earl of Loudoun, High Chancellor of this Kingdom, Archbald Earl of Argyle, Lord campbel and Lorne, William Earl of Glencairne Lord Kilmars, John Lord Lindesay of Struther, and Sir James Carmichael of that ilk Knight, Thesaurer Depute, his Majesty's Commissioners to the effect under-written: And gives and grants to them or any three of them, the full place and power of His Majesty's high Thesaurer, controller, Collector and Thesaurer of his Majesty's new augmentations, with all liberties, privileges, immunities, benefits and emoluments whatsoever pertaining to the said place of high Treasurer, controller, Collector and Thesaurer of his Majesty's new augmentations, and that in as ample manner and quality, as the famine was in the Persons of any of His Majesty's high Thesaurers, in any time of before: With power to them, or any three of them, to uplift, gather, and intromet with all and sundry His Majesty's rents, revenues, customs, imposts, casualties, commodities, duties, and others whatsoever, any ways belonging to his Majesty within this Kingdom, or to his Majesty's dearest Son the Prince, and that of all years and terms bygone, and yearly in time coming, and with power to them, or any three of them, with advice of the remanent Commissioners of Exchequer, contained in his Majesty's Commission under the great Seal, and according to the tenor thereof, to compone, pass and subscribe signators, gifts, confirmations, escheats, liferents, remissions, tutories, gifts by forfeiture, recognition, wards, marriages, relief, non-entresses, legittimations, presentations, takes, rentals, licences, dispensations and others dispositions, writs and securities whatsoever, pertaining to the said's Offices, or any of them, or to the power and privileges thereof, But prejudice always to the said Sir James Carmichael Thesaurer Depute, of his gifts of the office of Thesaurary Depute, whole liberties, power and privileges therein contained, which are holden, as herein expressed, but adding or paring to him in the point of receiving, and without derogation in any sort to this present act and commission: And it is declared that the yearly fees and other casualties due to his Majesty's principal Thesaurer, and especially the sum of four thousand pounds scots money shall be divided equally amongst the said's first four of the said commissioners by the said Thesaurer Depute, who hath right to his own fee and casualties, by virtue of his gifts granted to him thereupon, And His Majesty with consent foresaid, ordains the Lords of His Majesty's Privy Council, Session or Exchequer, to grant and direct letters at the instance of the said's Commissioners, for answering and obeying them, their chalmerlands, under receivers and officers of all and sundry of His Majesty's rents, casualties, customs, imposts and duties belonging to the said office, and that enduring the time of this present Commission which shall endure to the next Parliament. ACT LXIX. ACT ANENT RESTITUTION OF HORSE And Arms, to the Owners, out-putters thereof. 17. November 1641. OUR Sovereign Lord and Estates of Parliament, Considering that divers Soldiers, aswell foot as horse, who were employed, reiked out & sent forth with the Armies and Regiments levied during the time of the late troubles, Having at their going forth and outreiking, received trouphorses, arms, ammunition, horses, and baggage horses from the heritors of lands and others who did reik and send them forth, and that the said's Soldiers keepers up, and withholders, or have put away the said's horses and arms entrusted to them from the owners thereof: Therefore Our said Sovereign Lord and Estates of Parliament, do hereby grant full power and warrant to the Committee appointed from the Parliament for regulating and settling of the common burdens and debts of the Kingdom, and to all other Judges ordinair, aswell to Burgh as Land within this Kingdom, within whose bounds any such persons dwell, or can be found, who have keeped or detained either horses or arms. That the said's Judges do forthwith upon complaint of the party, owner of the said's horses and arms, call the receivers and detainers or out-putters of them, before them, and to discern and ordain them to deliver the said's horses and arms, to the said's owners or the prices of same, their receipt of them being lawfully proven: And with power to the said's judges, to do every thing as lawful and necessair, anent the premises agreeable to Justice, and the Laws of the Country. ACT LXX. ACT SALVO JURE CUIUSLIBET. 17. November, 1641. OUR Sovereign Lord and Estates of Parliament, Considering that in the present Parliament there are many particular Acts, and Acts of ratifications made in favours of particular persons, which may be prejudicial to parties having interest, and not heard, albeit the meaning of the Estates be at this time, as it was ever in all preceding Parliaments, That by no particular Act, or Act of ratification granted to any particular person, any other parties should be hurt or prejudged of their lawful rights and defences, competent to them of the Law: For remeed whereof, it is statute and ordained, that no ratification, nor other particular Act whatsoever, made in favours of any particular person, in this present Parliament, be prejudicial to any other parties rights or defences competent to them of the law: But that the said's particular Acts, and Acts of Ratification made in favours of particular persons, be always understood salvo jure cujus●ibet. ACT LXXI. ACT APPOINTING THE NEXT PARliament to conveen the first Tuesday of June 1644. 17. November 1641. OUR Sovereign Lord and Estates of Parliament, Considering, that forsameikle as by the Act of Parliament made in the Session of this present Parliament holden at Edinburgh in June 1640. anent triennial Parliaments: It is statute and ordained, that before the closure of every Parliament, the day of the next subsequent Parliament shall be condescended upon. And because this present Parliament is this day, by the assistance of God Almighty, and his Majesty's great wisdom, to be brought to an happy conclusion: Therefore his Majesty and Estates foresaids, appoint and ordain the first Tuesday of the month of June in Anno 1644. years, to be the day of meeting and conveening of the next triennial Parliament, But prejudice always to his Majesty to appoint any diets of Parliament betwixt and that day, as his Majesty shall think fitting: And ordains all the Members of Parliament to meet and convene at Edinburgh the said first Tuesday of June 1644. and all other persons interessed, without any other or farther warning and premonition to be made for that effect: declaring hereby, that the publication of this Act, with the rest of the Acts of this present Session, shall be als sufficient for meeting and conveening of the whole Members of Parliament, as if all former solemnities were used, whereanent his Majesty and Estates hereby dispenses. FINIS. A TABLE OF THE PRINTED ACTS DONE IN THE SESSION Of the second Parliament of our Sovereign Lord King CHARLES. etc. Holden at EDINBURGH upon the eleventh day of June 1640. And in what Leaf and Page the same is to be found. 1ACT anent the choosing of Robert Lord Burghly, to be Precedent in this Court and Session of Parliament, in respect of the absence of the King's Commissioner. pag. 3. 2 Act anent the constitution of the Parliament, and all subsequent Parliaments. pag. 4. 3 Act anent the choosing of Committees out of each Estate. pag. 5. 4 Act anent the ratification of the acts of the assembly. pag. 6. 5 Act anent the ratification of the Covenant, and of the Assemblies Supplication, act of Council, and act of Assembly concerning the Covenant. pag. 9 6 Act Recissorie. pag. 20. 7 Act for planting of Kirks unprovided with Ministers through the Patron's default. pag. 22. 8 Act anent admission of Ministers to Kirks which belonged to Bishoprics. pag. ib. 9 Act discharging the going of Salt-pans and Mills on the Sunday. pag. 24. 10 Act discharging Salmond fishing on the Sunday. pag. ibid. 11 Act against Papists. pag. 25. 12 Act discharging Zule vacance, and appointing the Session to sit down the first day of November, and rise the last of February, and thercafter to sit down the first of June, and rise the last of July yearly. pag. 26. 13 Act discharging the Monday Market in Edinburgh, Jedburgh, Drumfreis, Brechin, and Glasgow. pag. 27. 14 Act for taking order with the abuses committed on the Sunday by the confluence of people for hiring of Shearers. pag. 28. 15 Act for directing Letters of Horning and Caption by the Lords of Session against excommunicate Prelates, and all other excommunicate persons. pag. 29. 16 Act anent the large Declaration or Manifesto. pag. ibid. 17 Act statutarie appointing Parliaments to be holden once every three year. pag. 30. 18 Act anent the keepers of the Castles of Edinburgh, Striviling, and Dumbartane. pag. ibid. 19 Act anent the Production of the Registers, and Records of Parliament to the first Session of each Parliament. pag. 31. 20. Act discharging all Proxies to be admitted in Parliament, and that no foreign Noblemen shall have place and voice in Parliament, unless they have ten thousand marks of land-rent within this Kingdom. pag. 32. 21. Act discharging the granting of Protections by the Lords of Council and Exchequer. pag. 33. 22. Act anent the Exchequer, declaring the same, to be only Judges to matters concerning the managing of the King's rents and casualties. pag. 34. 23 Act in favours of those who held their lands of Archbishops, Bishops, or of their chapters. pag. 35. 24. Act anent Vassals of erections, that they be not subject in double payment, nor the Superiors defrauded of their few duties. pag. 36. 25. Act appointing all grievances to be given in plain Parliament. pag. 37. 26. Act for suppressing the distinction of spiritual and temporal Lords of Session. pag. ibid. 27. Act against liesing-makers, of whatsoever quality, office, place or dignity. pag. 38. 28. Act anulling all unlawful and unjust Proclamations made under the pain of treason, against the disobeyers. pag. 39 29 Act explaining the preceding Acts of Parliament made against Bands and Conventions amongst the Subjects: as also declaring the Bands and Conventions made and keeped since the beginning of the present troubles to be legal and lawful. pag. ibid. 30. Act anent the ward and marriage of these who shall happen to be killed in the defence of the Religion, and liberties of Kirk and Kingdom. pag. 40. 31 Act ratifying the act of the Lords of Session, made for supplying of the absence of the Signet, and discharging the transporting thereof, or any other Seal in time coming. pag. 41. 32. Act discharging all custom of Ammunition brought home to the Liege's, to their own use, for defence of Religion, and liberties of Kirk and Kingdom. pag. 43. 33. Act for the Committees of Estates. pag. ibid. 34. Act anent the common relief. pag. 48. 35. Act ordaining Summons to be direct, and execute against the persons who are culpable of the crimes and faults, contained in the Act, to compeare before the next Session of Parliament. pag. 52. 36. Act in favours of the King's Vassals of ward-lands, recommending their prejudice by the Act anno 1633. to the consideration of the next Parliament, and in the mean time, while then, suspending the force and execution of that Act. pag. 53. 37. Act appointing the fees for the procurator, the Clerk and Agent for the Kirk. pag. 54. 38 Act ordaining the whole Subjects and Liege's of this Kingdom to obey, maintain and defend the Conclusions, Acts and constitutions of this present Session of Parliament, and to subscribe the band appointed for that effect. pag. 55. 39 Act declaring the Parliament current and continuing the same while the nineteenth day of November next. pag. 59 A TABLE OF THE PRINTED ACTS WHICH WERE DONE IN THIS Session of the Parliament which began the 15. of July 1641. and concluded the 17. of November 1641. With the Acts of continuation of the said Parliament interveening betwixt the last Session thereof holden in June 1640. and the said 15. day of July 1641. 19 November 1640. 1ACT of continuation of the Parliament from the 19 of November 1640. to the 14. of January 1641. 61 14. Januarie 1641. 2 Act of continuation of the Parliament to the 13. of April, 1641. 62 13. April 1641. 3 Act continuing the Parliament to the 25. of May 1641. 64 25. May 1641. 4 Act continuing the Parliament to the 15. of july 1641. 65 18. August 1641. 5 Act containing the Oath ordained to be taken by every Member of Parliament before they proceed to any act or determination. 67 26. August 1641. 6 Act ratifying the Articles of the Treaty. 68 Ultimo Augusti 1641. 7 Act discharging James Bannatines' Patent of pearling, and wearing thereof. 87 1. September 1641. 8 Act discharging unlawful marriages. 88 2 September 1641. 9 Act anent non-covenanting Patroness, appointing the right of presentation to their Kirks to pertain to the Presbytery ibid. 10 Act for freeing of Viccarages provided to Ministers for their stipends of all payment of taxations. 89 9 September 1641. 11 Act against suspensions for Ministers stipends, duties of Colleges, Hospitals and Schools. ibid. 10. September 1641. 12 Act for abolishing the monuments of idolatry. 91 13 Act anent non-communicants, and excommunicate persons. 92 14 Act anent the Bullion. 93 16. September 1641. 15 Act anent the election of the Officers of Estate, Counselors, and Sessioners. 94 Ultimo Septembris 1641. 16 Act anent the nomination and election of the Lord Lowdoun to be Chancellor. 95 29 October 1641. 17 Act anent the change of the terms from Whitsunday and Martinmas to Candlemas and Lammas. ibid. 11 November 1641. 18 Act anent the charges of the Commissioners for the Barons. 96 19 Act anent the charges of the Commissioners for the Sherifdome of Sutherland. 98 13. November 1641. 20 Act anent the nomination and election of these Officers of Estate retained in their places. 99 21 Act anent the nomination and election of Sir Alexander Gibson younger of Durie to be Clerk Register. 100 22 Act anent the nomination and election of the Counselors. 101 23 Act anent the nomination and election of the ordinair and extraordinair Lords of the Session. 102 15. November 1641. 24 Act anent the Commission for the common burdens of the Kingdom. 103 25 Act of approbation in favours of the Committee of Estates. 110 26 Act for relief of these who have given band for the use of the public. 112 27 Act for receiving of the remainder of the brotherly assistance from the Parliament of England. 113 28 Act discharging the ganging of Salt-pans, Mills, fishings, Kills, and other profanations on the Lord's day. 115 29. Act anent the nomination and election of Sir James Galloway to be Master of Requests. 116 30 Commission for plantation of Kirks. 117 16. November 1641. 31 Commission anent the Articles of the Treaty, referred to consideration by the Treaty. 123 32 Commission for conserving the articles of the Treaty. 124 33 Act anent the five Incendiaries and Plotters, with the King's declaration thereanent. 126 34 Commission for trying the Incendiaries and Plotters. 127 35 Act for passing from these who are cited to the Parliament as unfriends. 130 36 Act anent selling yarn by weight. ib. 37 Act anent linen cloth and breadth thereof. 131 38 Act discharging the importation of strong-waters. ib. 39 Act anent the excise of herring. 132 40 Act anent loyal packing of Salmond. 133 41 Act dispensing with the Kings rends uplifted by warrant of the Committee for the public use. 134 16. November 1641. 42 Act discharging advocations for sums within a hundred pound. 135 43 Act for directing of cocquets within the regality of Saint Andrew's in the King's name. ib. 44 Act discharging transportation of eggs. 136 45 Act against destroyers of Planting, Parks, and others. ibid. 46 Act ordaining the pursuer of the thief to be restored to his own goods. 137 47 Act anent coale-hewens. 138 48 Act discharging the mixing of tin with lead. ibid. 49 Act anent presenting and docquetting of signators, letters, and others. 139 50 Act anent the election of the Precedent of Parliament. 140 51 Act anent superiority of lands which held of Bishops and their Chapters. ibid. 52 Commission for revising of the Registers. 142 53 Act anent Cocquets and entries of Ships. 143 54 Act discharging the registration of Comprisings, and appointing only recording and allowing thereof, and modifying 40. shillings for both. ib. 55 Act discharging the Lords of the Session to exact twelve pennies for the pound, and all other exactions imposed upon sentences to be pronounced by them. 144 56 Act anent the pardon of penal Statutes. 145 57 Act in favours of Orphans, fatherless children, and others. ibid. 58 Act in favours of the vassals of ward lands holding of the King and Prince. 146 59 Act anent the breadth of plaiding. 147 60 Act in favours of the Laicke Patrons of Provostries, Prebendaries, Chaplainries, and Altarages. ibid. 61 Act discharging the quotes of Testaments. 149 62 Commission for regulating the Commissariats. ibid. 63 Act discharging Monopolies. 150 64 Commission for the Manufactories. ibid. 65 Commission for the Secret Council. 152 17. November 1641. 66 Act discharging the Custom of two and an half on the hundred, and the impost of four pound on the Tun. 155 67 Act in favours of Minors, anent the duties of the lands comprised from them. 156 68 Commission for the Thesaurarie. 157 69 Act anent the restitution of the horse and arms to the owners out-putters thereof. 158 70 Act Salvo jure cujuslibet. 159 71 Act appointing the next Parliament to convene the first Tuesday of june 1644. ibid. THE TABLE OF THE VNPRINTED ACTS AND RATIFICATIONS PAST IN This Parliament which began the last day of August 1639. and did conclude the 17. of November 1641. 1 DEclaration by the Estates of Parliament premitted by them to their acts and proceed made in that session of Parliament holden 11. of June 1640. 2 Act in favours of the Lady Loudoun and her children, 11. of June 1640. 3 Act and declaration anent the closure of that Session of Parliament 11. of June 1640. 4 Ratification of General Lesleys Commission to be General. 5 Act approving his proceed as General, in anno 1639. 6 Ratification of Colonel Hammiltouns commission to be General of the Artillery. 7 Ratification of General Major Baily his commission. 8 Ratification of General Major Munros' gift. 9 Ratification of the General Commissars gift. 10 Act against the Keepers of the Castle of Dumbartan, 11 Act against the Keepers of the Castle of Thrave. 12 Decreet of forfeiture against General Ruthven, and others therein contained. 13 Reference in favours of Robert Scot of Dryhoip to the Committee of Estates. 14 Reference Laird of Kinhilt to the Committee of Estates. 15 Reference for James Arnot to the Committee of Estates. 16 Reference for Master William Cunnyngham to the Committee of Estates. 17 Protestation by William Dick Provest of Edinburgh anent the custom of ammunition. 18 Reference in favours of Sir John Hammiltoun of Reidhouse to the Committee of Estates. 19 Instrument and protestation for the Queenes-ferrie. 20 Declaration of the Estates anent the Earl of Glencairne his sitting and voicing in this session of Parliament. 21 Articles for ordering the house of Parliament. 22 Act to the King's Advocate and Procutors for the Estate, for raising summons against the Earl of Montrose, Lord Naper, Lairds of Keir and Blakhall. 23 Commission for concluding and subscribing the treaty at London. 24 Supplications Constable of Scotland and Town of Edinburgh, with the Parliaments deliverance thereupon. 25 Declaration of the Assembly anent a Band subscribed by some Noblemen, which is now canceled. 26 Warrant for the King's Advocate his incoming to the Parliament house. 27 Ratification of the act of Exchequer for relief of these who are bound for the 100000. marks therein contained. 28 Act in favours of the Laird of Lochend, for entering of him to his Lands gratis. 29 Act in favours of Sir William Dik against Laird Aickin. 30 Protestation by the King's Advocate anent his place, liberties and privileges. 31 Declaration by the Paraliament anent the King's Manifest concerning the Prince Elector Palatine. 32 Act and warrant for publishing and printing of the Acts made in June 1640. 33 Act and warrant for causing print his Majesty's Manifest anent the Prince Elector, with the Parliaments approbation and remonstrance thereupon to the King, with the King's answer. 34 Act in favours of the Prince Elector for restraint of Levies and recrues of Soldiers. 35 Ratification of the profession of Theology in the University of Glasgow. 36 Commission for the accounts of the three Regiments, viz. Lord Sinclaire, Munro and Cochrane. 37 Act of approbation and exoneration in favours of the Lord Loudun. 38 Act of exoneration and approbation Earl of Rothes. 39 Act of approbation and exoneration Earl of Dumfermling. 40 Act of exoneration Master Robert Barclay. 41 Act of exoneration Adam Blair. 42 Act of approbation and exoneration Sir John Smith. 43 Act of approbation and exoneration Sir Archbald Johnstoun. 44 Act of approbation and exoneration Laird of Wauchtoun. 45 Act of approbation and exoneration Sheriff of Teviotdail. 46 Act of approbation and exoneration Laird of Riccardtoun Drummond. 47 Act of approbation and exoneration Master Alexander Wedderburne. 48 Act of approbation and exoneration Hugh Kennedye. 49 Commission for trial of Helen Moses anent the murder of her Bainn. 50 Act of approbation and exoneration Master Alexander Hendersone. 51 Act anent Master Alexander Pitcairne and the Laird of Ogill Ramsay. 52 Declaration by the Lord Ker concerning the marquis of Hammiltoun. 53 Act and declaration by the King and Parliament in favours of the marquis of Hamiltoun. 54 Exoneration to the Marquis of Hammiltoun anent his keeping and delivering of the great Seal. 55 Act of exoneration and approbation in favours of the Lord Amont. 56 Commission for hearing the General Commissars accounts. 57 Act in favours of Bannatyne of Kames, reponing him against the Commissars decreet. 58 Ratification and election of the new Kirk of Kilmarnock. 59 Commission by the King and Parliament to the Committee for trial of the late incident concerning the Marquis of Hammiltoun, and the Earl of Argyle. 60 Ratification and act in favours of the Schoolmaster of Megle. 61 Commission to the Lord Almond and his Bailiff anent the trial of John Jervie. 62 Act in favours of Lieutenant General King. 63 Act and ratification to the University of Saint Andrews of the rents of the Priory and Bishopric of Saint Andrews. 64 Act in favours of the Burgh of Dornoch anent the change of their Fair. 65 Act rescinding general Ruthvens' forfeiture. 66 Orders of the Parliament concerning the Irish business, with a warrant to the secret Council to give instructions to the Commissioners for the remainder of the Treaty. 67 Act in favours of the Prince Elector Palatine anent ten thousand men to be sent to Germany. 68 Act and warrant in favours of the Earl of Rothes and others, for letters of reprisal against the Hamburgers. 69 Commission for trial of the murder of Isabel Drymmie. 70 Ratification, exoneration and approbation in favours of the marquis of Argyle. 71 Warrant for putting Lieutenant Colonel John Munro to liberty. 72 Warrant to the Earl of Crafford for his enlargement. 73 Warrant for putting M. John Guthrie to liberty. 74 Warrant to sir Robert Spottiswood and Sir John Hay for their liberty. 75 Commission for visitation of the College of Saint Andrews. 76 Act in favours of the Burrows, ratifying the act of the Committee for the relief of the gilders therein mentioned. 77 Act in favours of the Burgh of Glasgow anent their liberty to nominate and elect their Magistrates. 78 Act for recalling the marquis of Hamiltoun and marquis of Argyle to the Parliament. 79 Ratification in favours of the Town of Saint Andrew's. 80 Act in favours of Alexander Cunnyngham for four hundred and thirty pounds sterling. 81 Act to the Earl of Montrose, Lord Naper, Lairds of Keir and Blakhall for their liberation. 82 Act in favours of Captain William Stewart. 83 Act anent the keeping of the Castle of Edinburgh to the Earl of Levin. 84 Act in favours of the Earl of Levin for 100000. marks. 85 Act of approbation and exoneration to the Earl of Levin Lord General, and sundry other general Officers. 86 Act anent the liberation of the Earl of Montrose, Lord Naper, L. Keir, L. Blakhall, Sir Robert Spotiswood, Sir John Hay, and Lieutenant Colonel Water Stewart, with the Act of caution found by them, containing also a warrant to the Council to take the like caution of the Incendiaries. 87 Reference to the Council anent the incarceration of poor people. 88 Act in favours of the Officers of fortune within the Country, with a reference to the Commission for the common burdens. 89 Reference in favours of the Lord Forbes to the famine Commission. 90 Act in favours of the Procutors for the Estate, with a reference to the said Commission. 91 Reference in favours of George Foules to the Exchequer. 92 Act anent the prices of Writts, Seals, and Registers remitted to the Council, with power to do therein as the King and Parliament might, and their determination to have toe authority of an Act of Parliament. 93 Reference in favours of Master Alexander colvil, and Master James Robertoune Justice Deputes to the Exchequer. 94 Reference Master Alexander Pitcarne minister to the Commission for the common burdens. 95 Reference for these soldiers of fortune who were incarcerate at Newcastle to the Commission for the common burdens. 96 Referene for the General of artillery to the said Commission. 97 Reference for the Earl of home and Countess of home to that Commission. 98 Supplication for the British Subjects remitted to the King's Majesty. 99 Reference for the Earl of Nithisdaile to the Council. 100 Reference for the L. of Edzell to the Commission for the common burdens. 101 Reference L. Moynes contra Glengarie to the Council. 102 Reference in favours of Sir William Dik to the Exchequer. 103 Reference for the Lord Sinclare to the Commission for the common burdens. 104 Reference for Sir James Ramsay to the Commission for the common burdens. 105 Act and Reference in favours of the Earls of Mar and Linlithgow to the Council, for recompense of their charges and expenses anent the works contained in their patents for making powder and tanning leather. 106 Supplication L. Blair anent his ward and marriage granted. 107 Supplication L. of Cauldwell anent his ward and marriage granted. 108 Supplication in favours of the Lady Stormonth granted. 109 Supplication L. Mynto Turnble for his ward and marriage granted. 110 Supplication L. of Cromlix for his ward and marriage granted. 111 Act and warrant for transporting of John and Thomas Blaks from Drumfreis to the tolbuiths of Edinburgh. 112 Act discharging the confluence of people to Edinburgh in this time of Parliament not being members nor having attendance on Parliament, and appointing strong guards to be kept. 113 Ratification in favours of Sir William Scot of Clarkintoun, of the lands, teinds, and Kirke thereof. 114 Ratification in favours of the Burgh of Forres of their infeftment. 115 Ratification in favours of the Laird of Kilbirnie of his infeftments of the Barronnie thereof, and others therein contained. 116 Ratification in favours of John Hammiltoun of Boghall of the lands of Boghall, and others therein specified. 117 Ratification in favours of James Melvil of Hall hill for the lands of Nether-Grange of Kinghorne, Wester-Mills, and Castle of Bruntiland. 118 Ratification in favours of Sir John Prestoun of his gift of pension. 119 Ratification in favours of the Earl of Lindsay of the Signator granted by the King to him of the lands, offices, and others therein contained, with the precept and seizing to follow thereupon. 120 Ratification in favours of the Burgh of Kirkcudbright. 121 Ratification in favours of James Sinclare of Skallaway. 122 Ratification in favours of William Maxwell of Kirkhouse. 123 Ratification in favours of the Laird of Grenok. 124 Act in favours of the Burgh of Lawder, appointing a Fair therein yearly, 22. of July. 125 Act in favours of the town of Jedburgh for two Fairs yearly. 126 Ratification in favours of Mart Stewart of her letters of rehabilitation. 127 Ratification in favours of Thomas Forbes of Watertoun. 128 Ratification in favours of the Earl of home of his infeftment of the barony of Dunce. 129 Ratification in favours of the Laird of Tofts for the lands of Easter and Wester plew-lands. 130 Ratification in favours of Sir Andrew Skene for the barony of Auchtertuill. 131 Ratification in favours of Sir Thomas Nicolson of the barony of Carnok. 132 Ratification in favours of Master John Skene of the barony of Halyiars. 133 Act in favours of the Weavers freemen Burgesses of Edinburgh. 134 Ratification in favours of the Town of Edinburgh anent the augmentation of their Ministers stipends out of the house-meales thereof. 135 Ratification in favours of Heriots' hospital. 136 Ratification in favours of the Lord General Leslie Earl of Levin for the barony of Balgonie and others therein contained. 137 Ratification in favours of Master James Baird for the lands of Little Fiddes. 138 Ratification in favours of David Carnagie of Ethie of the barony of Craig-ethie. 139 Ratification in favours of Robert Pringle, and Master John Pringle his son for the lands of Templehall, teinds thereof, and lands of Woodheid. 140 Ratification in favours of the Masons and wright's of Edinburgh. 141 Ratification in favours of the Burgh of Dumbartane, anent their Fairs and Markets. 142 Ratification in favours of the laird of Swintoun anent the Baronnies of Swintoun and Cranshaws, teinds thereof, and patronage of the Kirk of Cranshaws. 143 Ratification in favours of the Lord Forester for Torwoodheid. 144 Ratification in favours of the Laird of Glenbervie for the lands and barony thereof. 145 Ratification in favours of the Burgh of Renfrew. 146 Ratification in favours of the Burgh of Montrose. 147 Ratification in favours of the Burgh of Dundie. 148 Two Ratification in favours of the Earl of Lothian, of his rights and infeftments of the lands and others therein contained. 149 Ratification in favours of the Laird of Colingtoun, anent the lands, teinds, and barony of Colingtoun. 150 Ratification in favours of John Arnot of Wodmylne, of his right thereof. 151 Act in favours of the house and family of Ruthven of Bandeane to their surname of Ruthven. 152 Ratification in favours of the burgh of Linlithgow. 153 Ratification of the decreet arbitral given by the King's Majesty betwixt the Earl of Buckleugh and Francis Stewart. 154 Ratification in favours of John Moodie of his right of some tenements in Leith 155 Ratification of the gift granted by the King's Majesty to the Ministers at halyrudehouse of the impost of all wines vented in the Cannongate. 156 Ratification in favours of John Earl of Traquhair of his right of the lands and others therein contained. 157 Ratification in favours of Master James Lawson of a taken of the teinds of the Parochins of Badreule. 158 Ratification in favours of the sheriff of Teviotdaill for the Kirk lands of Cavers. 159 Ratification in favours of the laird of Frendrant of the two charters and infeftments therein contained, of the lands and barony of Frendrant and others therein specified, containing a declaration by the King and Parliament in his favours. 160 Ratification in favours of Sir John Smith of his rights of his lands in Crawmond. 161 Ratification in favours of Master James Scot of his infeftments of the lands of Bonytoun. 162 Act anent the erection of the Kirk of Elie. 163 Act for establishing a particular Register of seasings for the shire of Argyle at Innerara. 164 Ratification and act anent the erection of the Kirk of Anstruther wester. 165 Act anent the dis-uniting of the Kirk of Dennie from Falkirk. 166 Ratification in favours of the Burgh of Glasgow, of their infeftment thereof. 167 Ratification in favours of John Dikson of his infeftments and rights of the lands of Hartrie and Kilbocho, with the patronage of the Kirk and taken of the teinds thereof, and annuity of the 'samine. 168 Ratification in favours of the Earl Martial of his taken of the customs of Aberdene and Bamff. 169 Ratification in favours of the old and new colleges of Aberdene, of the mortification to them, of the rents of the Bishopric thereof. 170 Ratification in favours of Master Peter Ewat of the taken of the abbacy of Croceragnell. 171 Ratification in favours of the university of Glasgow, of the rents of the Bishopric of Galloway. 172 Ratification in favours of Sir John Seytoun of his pension of two hundred pound stirling. 173 Ratification in favours of the schoolmaster at Auchtertuill of the few duty thereof. 174 Ratification in favours of the Minister at the North Kirk of Leith, of the mortification to them of the victual therein mentioned. 175 Act of erection of the Kirk of Carrestoun in favours of the laird of Balnamoone. 176 Ratification of the mortification of the teinds of Over-carestoun and Pitforkie, etc. 177 Ratification to Master Thomas Michael of his gift of the rents of the Bishopric of Rosse, unpayed cropts, 1638.1639.1640. and 1641. 178 Ratification in favours of the Earl of Dumfermling of the patronage of the Kirks of May and Dyke. 179 Ratification in favours of the Earl of Mortoun anent Dalkeith, Lugtoun, and Sheriff-hall. 180 Ratification in favours of the Earl of Dumfermling of his taken of the Lordship thereof. 181 Ratification to John Semple of his infeftment of the Corn Milne therein mentioned. 182 Commission to the Earls of Murray and Dumfermling, and the Laird of Inns, etc. for keeping of the water of Spey. 183 Ratification in favours of the Earl of Kinghorne of the right of his lands within the territory of Glames, and others therein contained. 184 Ratification to the Town of Muscleburgh of their infeftment granted by the King's Majesty. 185 Ratification in favours of the Burgh of Glasgow, of the new gift and mortification granted to them by the King's Majesty. 186 Ratification in favours of Patrick Ruthven, brother to the sometime Earl of Gowrie, ratifying the signator and gift granted to him by the King's Majesty. 187 Ratification in favours of Robert Leslie of his taken of the Bishopric of Orkney. 188 Ratification in favours of the Minister of Culros of his gift and mortification therein mentioned. 189 Ratification and Commission in favours of the Burgh of Pearth, anent the Bridge thereof, and of his Majesty's new gift granted to them thereanent. 190 Ratification in favours of the Burgh of Whithorne. 191 Ratification to the Lord Amont of his rights of the Barony of Falkirk and others. 192 Ratification to Master Laurence Scot of his rights of the lands of Bavelaw. 193 Ratification in favours of the Earl of home of the contract and disposition to him of the living and estate of home. 194 Ratification in favours of the Burgh of Dumbar. 195 Ratification to the marquis of Hammiltoun of his infeftment of the Barony of Monkland, and patronage of the Kirks of Calder and Monkland. 196 Ratification in favours of the Town of Dunkeld. 197 Ratification in favours of James Maxwell and the Laird of Barnes anent the light upon the May. 198 Ratification to the Earl of Dalhoussie of his taken of the teind sheaves of Abbotshall. 199 Ratification in favours of Alexander Gordoun of Earlestoun anent the right of his lands therein specified. 200 Ratification to the Earl of Rothes of his pension of ten thousand pound Scots yearly. 201 Ratification to the Surgeons and Barbers of Edinburgh of their liberties. 202 Ratification in favours of the Burgh of Pebbles, 203 Ratification to the L. of of the two takes set to him of the Customs of Montrose. 204 Act in favours of the Hat-makers of Edinburgh, anent th●●●bertie of an Overseer or Quartermaster. 205 Ratification to John Forbes of Leslie of his decreet against the Laird of Haddo. 206 Ratification to the Lord Fraser of his decreet against the Laird of Haddo. 207 Ratification of the Sheriff-clerkship of Stirling, in favours of John Williamson, and Master David Forrester. 208 Ratification in favours of the Burgh of Aberdene, of the gift granted to them of the Kirk of Saint Nicolas teinds and patronage thereof. 209 Ratification of the decreet dis-uniting Kirkmabrek and Kirkdail from Anveth. 210 Ratification to the Laird of Keir of his taken of the teinds therein specified. 211 Ratification to Master William Wardlaw of the gift of chalmerlanrie therein contained. 212 Ratification to William Gordoun of Kirkconnell of his right of the lands of Drumconkrie. 213 Ratification to the Minister at Donoone of the mortification of twelve hundred marks yearly. 214 Ratification to the Duke of Lennox of his gift and right of the temporality of the Bishopric of Glasgow, Barony and Regality thereof. 215 Ratification in favours of the Minister of Dornoch of the gift of eight hundred marks yearly out of the rents of the Bishopric of Caithnes. 216 Ratification in favours of the Earl of Findlater of the Signatour granted to him of the office of Bayliarie of the Barony of Strathzlay. 217 Ratification in favours of the Burgh of Aberdene, of their rights and infeftments. 218 Ratification of the mortification of 1000 marks to the Minister at Glenluce, and 200 marks to the Schoolmaster thereat. 219 Ratification to John Malcome of the gift of Chalmerlanrie of the Stewartrie of Fife. 220 Ratification in favours of Colonel John Leslie of his infeftment of the Mires. 221 Act anent the election of the Hospital of the Barony of Barhalgardie. 222 Ratification in favours of Alexander Maxwel of the lands of Dechmont. 223 Ratification to master Harry Chaip of his infeftment of the lands of Ormestoun. 224 Ratification in favours of the Town of Edinburgh of the gift granted to them of the patronage of the Kirks of Halyrudhouse and North Leith. 225 Ratification in favours of the Laird of Balfore of his infeftment of the teinds of Kilrinnie and others therein contained. 226 Ratification in favours of John Inns of Lenchars, of his gift of the bailliarie of Spiny and constabularie of the Castle thereof. 227 Ratification to the minister of Dunkell of the King's gift of a thousand Marks yearly. 228 Ratification in favours of James Gordoun of his infeftment of the lands of Seatoun. 229 Ratification in favours of the Parochioners of Markinsche of a decreet before the Commissioners for surrenders and teinds. 230 Ratification in favours of the L. of Kinhalt of the lands of Drummoir, and patronage of Kirkmadine. 231 Ratification in favours of the burgh of Rutherglen. 232 Ratification to Colonel Hammiltoun of his gift to be general of the Artillery and gift of pension. 233 Ratification to the beidmen of the Magdalene chapel of the mortification to them of an hundred and nine pounds sterling yearly out of the Bishopric of Dunkell. 234 Ratification to the Earl of Tullibardine of his rights and infeftments of the lands therein contained. 235 Ratification to Master Alexander Wedderburne of his taken of the customs of Dundie. 236 Ratification in favours of Sir William Dik of his right and infeftment of the lands and teinds of the barony of Northbervik. 237 Ratification to Sir William Dik of his taken of the viccarage, teinds, salmond, herring, and other fish teind betwixt Tyne and Skaitraw. 238 Ratification to the L. of Wedderburne of his taken of the teind sheaves of kello, etc. 239 Ratification of the contract betwixt the King's Majesty and the Earl Martial, anent the woodset of the Lordship of Deire. 240. Act anent the erection of the Kirk of Longsyd. 241 Ratification in favours of the laird of Panmure of his infeftment of the Lordship of Briechen and Navarre, and others therein contained. 242 Ratification in favours of the Earl of Kinnoull of his infeftment of the barony of Duplin with a dissolution. 243 Ratification in favours of the Earl of Kinnoull of his infeftment of the barony of Kinfawms. 244 Ratification to the Earl of Kinnoull of a taken set by the King's Majesty to him of the teinds of Consland. 245 Ratification in favours of the Earl of Sea-forth, of his barony of the Lewes, with a dissolution. 246 Ratification in favours of James Pierson of his infeftment of the lands of Auchtermeggets. 247 Ratification in favours of Sir John Hammiltoun of Orbestoun knight Justice Clerk of the lands of Orbestoun, and others therein contained. 248 Ratification in favours of William Grace of his infeftment of the Baronnies of Fouls and Forgund, and of the patent of honour, in favours of William master of Grace his son. 249 Commission to the Earl of Montrose, and Laird of Panmure of the justiciary of the fishings of the waters of North and Southesks. 250 Ratification of an Infeftment in favours of the town of Cromarty. 251 Ratification of an Infeftment in favours of the town of Innernes. 252 Ratification of an Infeftment in favours of the town of Rosmarkie. 253 Ratification in favours of the town of Breichen of their infeftment with a novo damus. 254 Ratification in favours of the town of Lanerk of their infeftment. 255 Reference in favours of the Parishioners of Bers to the Commission for plantation of Kirkes'. 256 Ratification in favours of the Lord Couper of his lands of Cassiltown and Englishtown, and others therein contained. 257. Act in favours of the burgh of Selkirk, anent a Fair to be holden therein yearly on the fourth of July. 258 Ratification in favours of Sir James Balfoure of his infeftment of the barony of Kinnaird. 259 Ratification in favours of the laird of pluscardine of his infeftment of the lands of pluscardine, and others therein contained. 260 Ratification of the infeftment of the erection of the Lordship of Cardrose. 261 Ratification in favours of Sir William Stewart younger of Gaimtullie of his infeftment of the lands of Strabrand. 262 Ratification in favours of the L. of Nidrie, of his infeftment of the lands of Nidrie, marshal and others therein contained. 263 Ratification in favours of William Seytoun of Grange of his gift of general postmaster of Scotland, containing an exception in favours of the burghes of Bruntiland and Kinghorne. 264 Ratification in favours of the town of Weik of their infeftment, with a declaration, declaring the said town to be the head burgh of the sheriffedome of Caithnes. 265 Commission to the Earl of Erroll anent the justiciary of the fishings upon the water of Ithane. 266 Ratification in favours of the town of Bruntiland, of an act of exchequer, with a declaration that Sir James Melvill his assuming of the style of Bruntiland shall no ways be prejudicial to their liberties. 267 Ratification in favours of the Earl of Erroll of a pension granted to him by the King's Majesty. 268 Ratification in favours of the Earl of Kinoull, of his right of the lands of Erroll. 269 Ratification of the immutuall band amongst the heritors adjacent the Pow of Inchaiffray. 270 Ratification in favours of William Grace of Pittindrum, and William Master of Grace his son, of a taken set by the King's Majesty to them of the teinds of their lands, lying within the Parochin of Fowls, and others therein contained. 271 Ratification in favours of the minister of Brechin, 272 Ratification in favours of the Minister of Navar. 273 Ratification in favours of Sir Alexander Gibson of Durie, one of the Senators of the College of justice. 274 Ratification in favours of the Master John Cant. 275 Ratification in favours of the Fewars of Kylismure. 276 Ratification in favours of the James Dumbar. 277 Ratification in favours of the Lord Lorne. 278 Two ratifications in favours of the Laird Ackine. 279 Two ratifications in favours of Sir James Macgill, of Cranstoun Riddle Knight, one of the Senators of the College of Justice. 280 Two Ratifications in favours of Sir James Scot of Rossie. 281 Ratification in favours of the Earl of Eglintoun. 282 Ratification in favours of the Earl of Queensberry. 283 Ratification in favours of the rights of the Canongate. 284 Ratification in favours of my Lord Advocate. 285 Ratification in favours of Somervell of Drum. 286 Ratification in favours of Robert Pringle of Stichell. 287 Ratification in favours of John carstair's. 288 Ratification in favours of the Laird of Houstoun. 289 Ratification in favours of Doctor Chalmers. 290 Ratification in favours of James Maxwell of Innerweek. 291 Ratification in favours of the Earl of Lawderdaill. 292 Ratification in favours of Master William Cochrane of Cowdoun. 293 Ratification in favours of the Town of Irving. 294 Ratification in favours of the Laird of Dalmahoy. 295 Ratification in favours of the South Queensferrie. 296 Ratification in favours of Sir Richard Grahame. 297 Ratification in favours of William Scot and his brethren. 298 Protestation Earl of Sutherland anent his place. 299 Protestation Lord Borthwik anent his place. 300 Protestation L. of Cambo, as Commissioner for the Sherifdome of Fife. 301 Protestation L. of Cesnok in name of the whole Barons. 302 Protestation L. of Wedderburne, as Commissioner for the Sherifdome of Bervik. 303 Commission and warrant by the King and Parliament to the Exchequer for regulating the Book of Rates. 304 Warrant by the King and Parliament to the Council to dis-band the companies yet on foot, and to provide for moneys for that effect 305 Protestation Town of Kinghorne and Robert Hepburne for the Earl of Dumfermling against Halhils' Ratification. 306 Protestation for the King's Veallers against James Sinclars Ratification. 307 Protestation Town of Renfrew against the Laird of Grenocks Ratification. 308 Protestation wright's of the Cannongate against the wright's of Edinburgh their Ratification. 309 Protestation Earl of Argyle against the Ratification for the town of Dumbartan. 310 Protestation Town of Glasgow against the same Ratification. 311 Protestation Town of Glasgow against the Ratification for the Burgh of Renfrew. 312 Protestation Town of Renfrew against the Ratifications of the Burgh of Glasgow. 313 Protestation Town of Dumbartan against the Ratifications of the said Burgh of Glasgow. 314 Protestation L. Dun against the Ratification of the Town of Montrose. 315 Protestation L. of Houstoun against the Ratification of Renfrew. 316 Protestation L. of Newwarke against the Ratification of Renfrew. 317 Protestation marquis of Hammiltoun against the Ratification of the Town of Linlithgow. 318 Protestations Earls of Buckleugh and Hadingtoun, and Bailiff of Lochend, against the Ratification in favours of Francis Stuart. 319 Protestation Town of Pebbles against the Ratification of the Earl of Traquair. 320 Protestation Lord Amond against the Act for the Kirk of Denny. 321 Protestation L. of Minto against the Ratification of the Town of Glasgow. 322 Protestation Town of Renfrew against the Ratification in favours of the L. of Houstoun. 323 Protestation Kirk of Anster against the Ratification of the Kirk of Kilrinnie. 324 Protestation Sir William Dik, and the whole fishers against the Ratification in favours of the L. Aickine. 325 Protestation Town of Edinburgh against the Ratification in favours of the wright's of the Canongate. 326 Protestation Town of Edinburgh against Robert Lesleys ratification. 327 Protestation Earl of Galloway against the Ratification in favours of the University of Glasgow. 328 Protestation Earl of Pearth against the Town of Newburgh. 329 Protestation and declaration Earl of Dumfermling against the Ratification for the Queenes-ferrie. 330 Protestation Town of Air against the Town of Irving Ratification. 331 Protestation for _____ home against John carstair's Ratification. 332 Protestation Town of Brechin against the act of erection of the church of Carrestoun. 333 Protestation Earl of Lauderdail against the Town of Muscleburghs Ratification. 334 Protestation and declaration Earl of Kinnoull contra Patrick Ruthvens Ratification. 335 Protestation Town of Edinburgh against the act in favours of the Hat-makers. 336 Protestation L. of Haddo against the Ratifications in favours of the L. Fraser, and L. Lesley, and their protestation in the contrair. 337 Protestation Laird Lesley for the shire against the Town of Aberdenes Ratification of their infeftment. 338 Protestation Lord Maitland against the Earl of Hooms ratification. 339 Protestation Lord Yester against the ratification of the Town of Pebbles. 340 Protestation and declaration by the King and Parliament in favours of the Procutor and agent for the Kirk for their fees against the Ratification in favours of the Duke of Lennox of his right to the Bishopric of Glasgow. 341 Protestation Marks of Hammiltoun against the Duke of Lennox Ratification. 342 Protestation College of Glasgow against the Town of Glasgows Ratification. 343 Protestation Earl of Lanerk for Robert Lesley against the Ratification of the gifts of the Bishop's rents of Orknay, with his Majesty's declaration abiding by the gift of Robert Lesley, as being first done, and preferring the 'samine to all other gifts. 344 Protestation L. Giffan against the Ratification in favours of the town of Glasgow, of the Bishopric of Galloway, & their gift thereof. 345 Protestation Earl of Murray against Inns of Leuchars Ratification. 346 Protestation Town of Glasgow against the Town of Rutherglens' Ratification. 347 Protest. L. of Balymayne against the L. of Panmures Ratification. 348 Protestation Earl of Argyle against the Earl of Seaforths' Ratification of the Lewes. 349 Protestation Earl of Sutherland against that Ratification. 350 Protestation marquis of Hamiltoun against the Town of Lanerks Ratification. 351 Protestation and declaration Town of Dumbartan against Renfrew their Ratification. 352 Protestation and declaration Renfrew against the Town of Dumbartan their Ratification. 353 Protest. L. of lawyers against the Earl of Tullibardans' Ratification 354 Protestation Earl of Seaforth against the Ratification of the town of Weik. 355 Protestation Earl of Southesk against the Ratification in favours of the Minister of Brechin, with the Commissioners of Brechins protestation in the contrary. 356 Protestation Alexander Urchart against the Ratification in favours of the Town of Cromartie. 357 Protestation Marks of Hammiltoun against the Ratification in favours of the Town of Glasgow. 358 Protestation Lord Yester against the Ratification in favours of the Earl of Kinnoul. 359 Protestation Earl Marshal against the Ratification in favours of the Earl of Kinnoull. 360 Protestation in favours of the Earl of Erroll. FINIS.