LAWS and ACTS Past in the second SESSION of the first PARLIAMENT, Of our most High and Dread SOVEREIGN, CHARLES THE SECOND, By the Grace of GOD, King of Scotland, England, France and Ireland, Defender of the Faith. Holden at Edinburgh, from the eighteenth of June, 1663. to the ninth of October thereafter, on which day the Parliament was dissolved; By a Noble Lord, John Earl of Rothes, Lord Lesly and Bambreith, His MAJESTY'S Commissioner for holding of the same, by virtue of a COMMISSION under His Majesty's Great Seal of this Kingdom. With the special Advice and Consent of the Estates of Parliament. EDINBURGH, Printed by Evan Tyler, Printer to the Kings most Excellent MAjESTY, Anno Dom. 1663. CUM PRIVILEGIO. royal crest HONI SOIT QVI MAL Y PENSE LAWS and ACTS passed in the third Session of the first PARLIAMENT, of our most High and Dread Sovereign, CHARLES the Second, by the grace of GOD, King of Scotland, England, France and Ireland, Defender of the Faith. Begun at Edinburgh upon the eighteenth of June, 1663. and continued to the ninth of October thereafter. I. ACT against separation and disobedience to Ecclesiastical Authority. FOrasmuch as the King's Majesty, considering the prejudices which did ensue to the Church and Protestant Religion, to the Prerogative of the Crown, to the Authority of Parliament, to the Liberties of the Subject, and to the public Laws and Peace of the Kingdom, by the invasions made upon Episcopal Government during the late troubles; And finding that Government, to be the Church-government, most agreeable to the Word of GOD, most convenient and effectual for preservation of Truth, Order and Unity, and most suitable to Monarchy and to the Peace and Quiet of the State; Hath therefore, with advice and consent of His Estates of Parliament, by several Acts passed in the second Session of this Parliament, restored the Church to it's ancient and right Government by Archbishops and Bishops, and hath redintigrated the estate of Bishops to the exercise of their Episcopal Function, and to all the Privileges, Dignities, Jurisdictions and Possessions due and formerly belonging thereunto. And in further order to the settlement of the Church, and bringing the Ministers to a due acknowledgement of, and compliance with, the Government thereof thus established by Law, His Majesty, with advice foresaid, hath also Statute and Ordained, That all these Ministers, who entered to the Cure of any Paroch without Right or Presentations from the lawful Patrons, in and since the year, one thousand six hundred and forty nine, and should not betwixt and the twentieth of September last, obtain Presentations from their several Patrons, and Collation from the Bishop of the Diocese where they lived, should have no right to the uplifting the Rents of any Benefice or Stipend for the year, one thousand six hundred and sixty two, but that their Places, Benefices and Kirks should be ipso jure, vacand: And that what ever Ministers should, without a lawful excuse to be admitted by their Ordinary, absent themselves from the diocesian Assembly, or who should not concur in all the Acts of the Church-discipline, as they should be thereunto required by the Archbishop or Bishop of the Diocese, should be for the first fault suspended from their Office and Benefice till the next diocesian Meeting; and if they amend not, should be deprived, and the Church and Benefice to be provided as in other cases of vacancies. And the King's Majesty, having resolved to conserve and maintain the Church in the present State and Government thereof by Archbishops and Bishops, and others bearing office therein, and not to endure nor give way or connivance to any variation therein in the least, Doth therefore, with advice and consent of His Estates convened in this third Session of His Parliament, Ratify and Approve the aforementioned Acts, and all other Acts and Laws made in the two former Sessions of Parliament, in order to the settling of Episcopal Dignity, Jurisdiction and Authority within this Kingdom; and Ordains them to stand in full force as public Laws of the Kingdom, and to be put to further execution in all points, conform to the tenor thereof. And in pursuance of His Majesty's Royal resolution herein, His Majesty, with advice aforesaid, doth recommend to the Lords of His Majesty's Privy Council, to take speedy and effectual course, that these Acts receive ready and due obedience from all His Majesty's Subjects; And for that end, that they call before them all such Ministers, who, having entered in or since the year, one thousand six hundred and forty nine, and have not as yet obtained Presentations and Collations, as aforesaid, yet dared to preach in contempt of the Law, and to punish them as seditious persons and contemners of the Royal Authority. As also, that they be careful, that such Ministers, who keep not the diocesian Meetings, and concur not with the Bishops in the Acts of Church-discipline, being for the same suspended or deprived, as said is, be accordingly, after deprivation, removed from their Benefices, Glebs and Manses; and if any of them shall notwithstanding offer to retain the possession of their Benefices or Manses, that they take present course to see them dispossessed; and if they shall thereafter presume to exercise their Ministry, that they be punished as seditious persons, and such as contemn the Authority of Church and State. And as His Majesty doth expect, from all His good and dutiful Subjects, a due acknowledgement of, and hearty compliance with, His Majesty's Government, Ecclesiastical and Civil, as it is now established by Law within this Kingdom, and that in order thereunto they will give their cheerful concurrence, countenance and assistance to such Ministers, as by public Authority are or shall be admitted in their several parochs, and attend all the ordinary Meetings for divine Worship in the same; So His Majesty doth Declare, That He will, and doth, account a withdrawing from, and not keeping and joining in, these Meetings, to be seditious, and of dangerous example and consequence. And therefore, and for preventing the same for the future, His Majesty, with advice and consent of His Estates in Parliament, doth hereby Statute, Ordain and Declare, That all and every such person or persons, who shall hereafter ordinarily and wilfully withdraw and absent themselves from the ordinary Meetings of divine Worship in their own Paroch Church on the Lordsday, (whether upon account of Popery or other disaffection to the present Government of the Church) shall thereby incur the pains and penalties under-written, viz. Each Nobleman, Gentleman and Heretor, the loss of a fourth part of ilk years Rent, in which they shall be accused and convicted; and every Yeoman, Tennent or Farmer, the loss of such a proportion of their free moveables (after the payment of their Rents due to their Master and Landlord) as His Majesty's Council shall think fit, not exceeding a fourth part thereof; and every Burgess to lose the liberty of Merchandizing, Trading, and all other Privileges within Burgh, and fourth part of their moveables. And His Majesty, with advice foresaid, doth hereby authorise and require the Lords of His Majesty's Privy Council, to be careful to see this Act put to due execution; and for that end, to call before them all such persons as after admonition of the Minister, in presence of two sufficient witnesses, and by him so attested, shall be given up to the Council as transgressors of this Act, in withdrawing from their Paroch Churches as aforesaid; and the same, after hearing of the parties, being duly found, to decern and inflict the censures and penalties , and such other corporal punishment as they shall think fit, and direct all execution necessary for making the same effectual, and to do every other thing they shall find necessary, for procuring obedience to this Act, and putting the same to punctual execution, conform to the tenor and intent thereof. II. Additional ACT concerning the Declaration to be signed by all persons in public Trust. FOrasmuch, as by an Act, passed in the second Session of this Parliament, on the fifth of September last, concerning the Declaration to be taken by all persons in public Trust, It is remitted to His Majesty's Commissioner to take such course as he should think fit, how these, who are presently in Office, may subscribe the Declaration; And the King's Majesty being resolved, that all in public Trust, should, without further delay, sign the same; But considering, that in this vacand time, many of the Courts of Justice do not sit, so as some longer time must be allowed unto them. Therefore, the King's Majesty, with advice and consent of His Estates in Parliament, Statutes and Ordains all persons, who enjoy or possess any public Trust or Office within this Kingdom, as, Officers of State, Members of Parliament, Privy Councillors, Lords of the Session, Commissioners in Exchequer, all Members of the College of Justice, Sheriffs, Stewarts, Bailies of Regalities, Commissaries, Justices of Peace and their respective Deputes and Clerks, and all who enjoy any other public Charge, Office or Trust within the Kingdom, to subscribe the Declaration hereunto subjoined, in presence of the several Courts they relate to, betwixt and the eleventh of November next to come, or sooner, as they shall have occasion or be required thereto by His Majesty's Council; Discharging hereby all such of them, who shall not sign the same, as said is, to exerce any public Trust or Office within the Kingdom, after the said eleventh of November. And that a speedy account may be returned hereof, It is hereby Ordained, that the Sheriffs in the several Shires be careful in requiring due obedience to this Act, and that they and all others concerned therein, make report thereof to His Majesty's Council, betwixt and the first of January next to come. And seeing the election of the Magistrates and Council of burgh's will occur about Michaelmass next, and that some disaffected persons in burgh's, having none or small advantages by their Magistracy, may, upon account of this Declaration, refuse to accept any Charge or Trust; It is therefore, by His Majesty, with advice foresaid, Statute, That at the next ensuing election of Magistrates within Burgh, all such persons who shall continue in, or be of new elected to be Magistrates, Clerks, or of the Council of burgh's, shall at such their elections, if they be present, or otherwise, how soon thereafter they shall be required thereto by those who did elect them, sign the Declaration aforesaid; Declaring hereby, all who shall refuse or delay the same, to be from thenceforth not only incapable of, and to have forfaulted, the privileges of a Magistrate, but also all the privileges of Merchandizing, Trading, and others belonging to a Burgess; And that the several burgh's make report of their proceed therein to His Majesty's Council, betwixt and the foresaid eleventh of November, as they will be answerable upon their duty and allegiance: And for such as shall hereafter be admitted to any public Trust or Office, they are to sign the Declaration in the manner, and under the certifications, expressed in the former Act of Parliament of the fifth of September. And His Majesty doth hereby recommend to the Lords of His Majesty's Privy Council, to be careful that these Acts be put to due execution, and receive obedience conform to the tenor thereof. I Do sincerely affirm and declare, that I judge it unlawful to Subjects, upon pretence of Reformation or other pretence whatsoever, to enter into Leagues and Covenants, or to take up Arms against the King or these Commissionate by Him: and that all these Gatherings, Convocations, Petitions, Protestations, and erecting and keeping of Council-tables, that were used in the beginning, and for carrying on, of the late troubles, were unlawful and seditious. And particularly, that these Oaths, whereof the one was commonly called, The National Covenant, (as it was sworn and explained in the year one thousand six hundred and thirty eight, and thereafter) and the other entitled, A Solemen League and Covenant, were, and are, in themselves, unlawful Oaths, and were taken by, and imposed upon, the Subjects of this Kingdom, against the fundemental Laws and Liberties of the same: And that there lieth no obligation upon me, or any of the Subjects, from the said's Oaths, or either of them, to endeavour any change or alteration of the Government, either in Church or State, as it is now established by the Laws of the Kingdom. III. ACT against Protections. THe King's most Excellent Majesty being careful, that the benefit of the Law in the administrations of Justice, be free to all His Majesty's good Subjects; And considering the prejudices many have formerly sustained, in the stopping of the course of Justice, by the too frequent granting of Protections against personal execution. Therefore, and for preventing of the like for the future, His Majesty, with advice and consent of His Estates in Parliament, Doth Ratify, Approve and Renew all former Acts of Parliament, made against the granting of Protections; And Dischargeth the Lords of His Majesty's Privy Council, Session and Exchequer, to grant Protections to any persons against personal execution, certifying such as shall grant the same, they shall be liable for the debt against which they grant the Protection; and all execution shall pass against the havers thereof, as if the same had not been granted. It is always hereby Declared, That notwithstanding hereof, it shall be free to the Lords of His Majesty's Privy Council, Lords of Session and Exchequer, and to the Justice-general and his Deputes, when any person or persons are summoned and appointed to appear personally before them, to give order now, as they have been in use formerly to do, for suspending personal execution against the persons so summoned and appointed to appear, for such few days, as they may come to give their appearance, and during their stay, and some few days for their return, and that according as the said's respective Judges shall find reason, upon the particular applications to be made thereupon, iv ACT for the establishment and constitution of a National Synod. FOrasmuch as the ordering and disposal of the external Government of the Church, and the nomination of the persons, by whose advice matters relating to the same are to be settled, doth belong to His Majesty, as an inherent right of the Crown, by virtue of His Prerogative-royal, and supreme Authority in causes Ecclesiastical: And in prosecution of this Trust, His Majesty, considering how fit and necessary it is, for the honour and service of Almighty God, the good and quiet of the Church, and the better Government thereof in unity and order, that there be a National Synod and Assembly duly constitute within this Kingdom, Hath therefore Appointed and Declared, and by these presents Appoints and Declares, that there shall be a National Synod of the Church of Scotland: And that this Synod, for the lawful Members thereof shall consist and be constitute of the Archbishops of St. Andrews and Glasgow, and the remanent Bishops of these two Provinces, of all Deans of Cathedral Churches, Arch-deacons, of all the Moderators of Meetings for exercise, allowed by the Bishops of the respective Dioceses, and of one Presbyter or Minister of each Meeting, to be chosen and elected by the Moderator and plurality of Presbyters of the same; and of one or two from the University of St. Andrews, one from Glasgow, one from the King's College, one from Marshal's College, of Aberdeen, and one from the College of Edinburgh; And this Synod, thus constitute, is to meet at such times and places as His Majesty, by His Proclamation, shall appoint; and is to debate, treat, consider, consult, conclude and determine upon such pious matters, causes and things, concerning the Doctrine, Worship, Discipline and Government, of this Church, as His Majesty shall from time to time, under His Royal hand, deliver, or cause be delivered, to the Archbishop of St. Andrews, Precedent of the said National Assembly, to be by him offered to their consideration. The Estates of Parliament do humbly recognosce and acknowledge His Majesty's Royal Power and Prerogative aforesaid, with the piety, justice and prudence of His Majesty's resolution herein; Likeas His Majesty, with their advice and consent, doth hereby Establish, Ratify and Confirm this constitution of a National Assembly, as the lawful constitution of the National Synods and Assemblies of this Church, His Majesty, or His Commissioner (without whose presence, no National Synod can be kept) being always present: And Declares, That no Act, Canon, Order or Ordinance shall be owned as an Act of the National Synod of the Church of Scotland, so as to be of any effect, force or validity in Law, to be observed and keeped by the Archbishops and Bishops, the inferior Clergy, and all other pesons within this Realm (as far as lawfully, being Members of this National Church, it may concern them) but that which shall be considered, consulted and agreed upon by the Precedent and major part of the Members above-specified. It is always hereby provided, that nothing be enacted or put in execution, by Authority of a National Synod within this Kingdom, which shall be contrary to His Majesty's Royal Prerogative or the Laws of the Kingdom; And that no Act, Matter or Cause be debated, consulted and concluded upon, but what shall be allowed, approven and confirmed by His Majesty or His Commissioner, present at the said National Synod. V ACT anent ruinous houses in Royal burgh's. OUr Sovereign Lord being informed, that upon the high Streets of several of His Majesty's Burghs-royal, and in the vennels and other passages within the same, there be many houses in the public view of all people resorting thereto, very ruinous and not inhabited these divers years bygone, nor likely to be repaired by any, to the great opprobry of the said burgh's, and common scandal of the Kingdom, as being altogether defective of that policy and good order which is, and ever hath been, so earnestly intended in the many wholesome and laudable Laws already made, by His Majesty and His Royal Progenitors of most worthy memory. And finding the Burroughs very desirous to have these many dangers and inconveniences prevented and remeeded, which the inhabitants of these burgh's, and the rest of the Liege's frequenting the same, do continually fear from such ruinous buildings; Doth therefore, with advice of His Estates of Parliament, Ordain the Provost and Bailies of the Burgh where such ruinous houses are, to cause warn and charge all persons, that have or pretends right to the property of such Lands and Buildings, or any Annualrents forth thereof, to cause build and repair in a decent way, within year and day, such Houses and Buildings as have been waist and not inhabited three years before the date of this present act, or shall be waist and not inhabited thereafter by the foresaid space of three years, or else to sell the same to others, to be builded within the same space of year and day: And to charge all known persons, personally or at their dwelling places, and by open Proclamation at the Paroch-kirk or Mercat-cross of the Burgh; and all others by open Proclamation at the said Mercat-cross and Paroch-kirk. And in case of their absence out of this Realm, at the Cross of Edinburgh, and Peer and Shoar of Lieth, upon threescore days; with certification to them if they failzie, the said Provost and Bailies shall cause the said Lands and Tenement to be valued by certain persons, to be chosen and sworn by them for that effect, and sell the same to any person that will buy them, and pay the price of the same to these owners, if they be known; and if they be not known, to consign the prices thereof in the hands of the Provost, one of the Bailies, or Dean of Gilled of the said Burgh, to be forthcoming to these who have interest thereto: And if no man will buy them, it shall be lawful to the said Provost and Bailies, after apprising thereof, as said is, and payment or consignation of the prices of the same, to cast down the said ruinous Houses, and cause build the same of new. And His Majesty, with advice foresaid, Declares, That it shall not be lawful in time coming, to any manner of person to pursue them nor their successors therefore, nor pretend any right or interest thereto, but that the said right shall be a perfect security to the bvilders thereof and their successors. VI ACT discharging the importation of Strong-waters, etc. OUr Sovereign Lord and Estates of Parliament, understanding, that there are divers Strong-waters, Mum-bear and other Beer for drinking, 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, with consent of the said's Estates, Discharges all inbringing of Aquavitae or Strong-waters, Mum-beer and other Beer for drinking (except Black-beer, called Spruce-beer) within this Kingdom, under the pain of escheat thereof. VII. ACT discharging the mixing of Tin with Lead. 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 metal of Tin and Lead, and their exacting greater prices betwixt the new Pewter casten by them, and the old which they receive from the Liege's. For remeid thereof, it is Statute and Ordained, that the Pewterer or Founder of Tin, shall put the mark of the Thistle, and the Deacons mark; with 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 finest 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 Say-master appointed by the Magistrates in each Burgh, for trying of the same. As likeways, that he shall take, betwixt the pound of old Pewter and Tin, marked with the Rose foresaid, and the pound of new casten by him, two shillings Scots allanerly, under the pain foresaid. VIII. ACT anent the discharging of Advocations for sums within two hundred marks. OUr Sovereign Lord and Estates of Parliament considering, the manifold prejudices and troubles 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 two hundred Marks; or for any other cause, whereunto by the Laws of the Kingdom, the said's inferior Judges are expressly appointed Judges. IX. ACT in favours of Minors, anent the duties of the Lands comprised from them. OUr Sovereign Lord considering, the favourable condition of Minors, who are oftentimes destitute of Tutors and Curators; and though they have them, yet in respect of their minority, they are not in capacity or credit to raise sums of money for satisfaction of their Creditors: And it being unreasonable, that their Creditors comprisers of their Estate, should, during the not expiring of the legal reversion, which, according to Law, continues during their minority, have more advantage by their Estate then corresponds to the Annualrent of the true sums owing to them by virtue of their comprisings; Doth, with advice and consent of His Estates of Parliament, Ratify and Approve the act of Parliament, made in August, one thousand six hundred and twenty one, Cap. 6. in so far as the same 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 during their minority of twenty one years of age, but allanerly for the Annualrent of the sums contained in the comprisings; and that they lose not the right of the super-plus of the nails and duties of the Lands, so far as the same exceeds the said Annualrents, during their said minority. X. ACT against exportation of Money forth of the Kingdom. THe Estates of Parliament considering, how much the Kingdom is impoverished by the daily exportation of money forth of the same; and that the making use of our own native Commodities, for furnishing us with these things which formerly were brought to us from Foreign places, is, by the commendable industry of several deserving Countrymen and ingenuous Artists, much improved: And that in order to their encouragement, and that our own native Commodities may go the better off, it is, that some more severe restraint then formerly be laid upon the exportation of money. Therefore, the King's Majesty, with advice and consent of His Estates of Parliament, Statutes and Ordains, That no person or persons whatsoever, shall trade or use merchandise with any other Nation, till first they take an Oath before the Lord Theasurer or Theasurer-depute, or before such persons as they shall appoint for that effect, that they shall not export by themselves or others, directly or indirectly, by Sea or Land, any Gold or Silver, coined or uncoyned, except such a sum as they shall declare upon oath before the said Lord Thesaurer, Thesaurer-depute, or these appointed by them, as said is, to be for making of their voyage to the Port where they are going; and that if he know any money transported by any other person, he shall delate the same to the Lord Thesaurer, Principal or Depute, or to the foresaid persons appointed by them. As likewise, every Skipper shall, before he make any voyage after the publication hereof, to any other Kingdom or Nation, take an Oath before the said Lord Thesaurer or Thesaurer-depute, or these appointed by them for that effect, that he shall not himself transport, nor suffer any Gold or Silver, coined or uncoyned (except as is above-excepted, and except the sum of three score pounds at most, which every Passenger is hereby allowed to carry forth of the Country for his spending) to be transported in the Ship wherein he is Master, and that he shall use his utmost endeavour for discovery of the same, if any be: And that if after he hath made sail, it shall come to his knowledge, that there is any money concealed in his Ship, or in any other Ship, he shall, at his return, delate the same to the Lord Thesaurer, Principal or Depute, or to these appointed by them for that effect: and which persons appointed by them, are hereby required, to give timous notice thereof to the said Lord Thesaurer or Thesaurer-depute, under the penalty of the half of the money informed to have been transported. And sicklike, the said's Oaths shall be renewed and taken before the saids Lord Thesaurer or Depute, or these appointed by them, as said is, by all Skippers and Merchants, at the making of every particular voyage; and both the said's Oaths shall be subscribed by the respective parties, and insert in the Books of Exchequer, or in the Books of these persons appointed by the Lords Thesaurer or Depute for that effect; for which Extracts, they shall pay to the keepers of these Registers twelve shillings Scots allanerly, the one thereof to be carried to the Customer, and insert in their Books gratis; the other to be carried to the keeper of the Cocquet, and insert in his Books gratis. And it is further Statute and Ordained, That in case any Merchant or Skipper, shall, after the publication hereof, trade with, or make any voyage to any other Kingdom or Nation, before the taking of the said's Oaths, and production of the Extracts thereof to the Customer and keeper of the Cocquet, that then they shall forfeit the fifth part of their moveables and be incapable, the Merchant of all trading, and the Skipper of having any charge of any Ship within this Kingdom in all time coming. Provided always, that the taking of the Oaths shall be without prejudice of search for, or seizure of, any exported money: And if any Gold or Silver, coined or uncoyned, shall, after publication hereof, be discovered carrying out of the Kingdom, by any person who hath taken the said Oath, the same not only to be confiscate, but the person or persons owners thereof, to be proceeded against as perjured persons, and further liable to six month's imprisonment. As also, it is hereby Declared, that notwithstanding of the said Oaths, if it shall at any time thereafter be legally proven, money hath been carried out of the Kingdom by the persons takers of the said Oath, the said's persons shall be proceeded against as perjured persons, and by and attour, be fined in the value of the money exported; and whatsoever money shall be discovered or seized upon, the one half thereof to be for His Majesty's use, and the other half to the informer. And the Lord Thesaurer and Thesaurer-depute are hereby required, to appoint sufficient honest men, to be found at the respective Ports of this Kingdom, or Royal burgh's next adjacent thereto, for taking of the said's Oaths; And that they take Bond, with sufficient caution, from each of the persons so appointed, under the pain of six thousand pounds Scots, that they shall not suffer any Merchant or Skipper to use trade or merchandise with any Foreign Kingdom or Nation, before they have taken the said Oaths; and shall do their utmost endeavours for discovery and seizure of all money carried out of the Kingdom: And that if it shall be informed to them, that any money hath been carried out of the Kingdom, they shall give speedy and timeous notice of their information to the said Lord Thesaurer or Thesaurer-depute, the one half of the foresaid sum of six thousand pounds, in case of failzie, to be for His Majesty's use, and the other half to be given to the delator, and to be further liable to six month's imprisonment for breach of their trust. And sicklike, the said Lord Thesaurer principal, and Thesaurer-depute, are hereby required, to cause the Farmerers and Collectors of the Custom, and keepers of the Cocquet, to take an Oath, that the said's Farmerers and Collectors of the Custom shall use their utmost endeavours, for the discovery and seizure of all money carrying out of the Kingdom by Sea or Land, either by Merchant, Skipper, or by any person of whatsoever quality or degree, except as is above excepted; and that they shall not give warrant to any Skipper to receive a Cocquet, unless they have received, both from the Skipper and Merchants in the Ship, extracts of the respective Oaths, as said is; and that the keepers of the Cocquets shall give no Cocquet, unless they have likewise received extracts of the Oaths , both from Skipper and Merchants; and both Customers and keepers of the Cocquet to give Bond, with sufficient Caution, under such sums of money as the said Lord Thesaurer principal, and Thesaurer-depute shall think fit, for fulfilling of the premises. And in case the said's Farmerers, Collectors and keepers of the Cocquet, or either of them, shall refuse to compear, or compearing, refuse or delay to take the Oath, and give their Bond as aforesaid, than their Tack, Commission, Gift, or any other Title by which they enjoy their Places and Charges to be void and null, and they to be further liable to such censures, as the said Lord Thesaurer principal, and Thesaurer-depute shall think fit for their contumacy. And if it shall be made appear to the said Lord Thesaurer principal, and Thesaurer-depute, that any of the Farmerers or Collectors of Custom, or keepers of Cocquet, shall transgress the Oath and Bond in any part, than their Tack, Commission, Gift, or any other Title by which they enjoy their said's Places, to be void and null, and they to have incurred the sums and penalties contained in their respective Bonds (the one half thereof to be given to the informer or delator) and to be further proceeded against as perjured persons; Discharging hereby, all granting of Licences for exporting of money; except to such persons allanerly as shall make faith in Exchequer, or these appointed by the Lord Thesaurer or Thesaurer-depute; and give sufficient Bond, that the money which they are to carry out, is to be bestowed upon Timber in Norway, or in order for bringing in of Victual in time of extreme dearth, and that they shall return, in specie, what part of the money shall not be so bestowed. XI. ACT for encouragement of Tillage and Pasturage. OUR Sovereign Lord considering, how it is, for the encouragement of the tillage of this Country, which is subject to so much toil and expense, though the improvement thereof be most advantageous to the whole Kingdom, That liberty be granted for the exportation of Corns, after the Natives are sufficiently provided for. Therefore, the King's Majesty, with advice and consent of His Estates in Parliament, Statutes and Declares, That it shall be lawful to export Corns of all sorts, when they are under the prices following, at the Ports or respective places of exportation; viz. ilk Boll of Wheat, under twelve pounds the Boll, Beir and Barley, under eight pounds the Boll, Oates and Pease, under eight marks the Boll; notwithstanding of any former Acts, Laws or Practice to the contrary, they paying the usual Custom and Bullion as formerly: with this provision, That when the Lords of His Majesty's Secret Council shall judge it , for the good of the Kingdom and preventing of dearth, they may discharge the exportation of Victual of all sorts, for so long time as they shall think fit. As also, for improvement of the Pasturage of this Kingdom, and for encouragement of the breeders of the Bestial thereof, It is Statute and Ordained, with advice and consent foresaid, that the exportation by Sea, of all sorts of Bestial, either Nolt, Sheep or Swine, and barrelled Flesh's of all sort, shall be free of Custom, Bullion, and all other impositions, for the space of nineteen years next after the date hereof. XII. ACT for a new Imposition upon English Commodities. THe Estates of Parliament considering, how much it concerns the credit and wealth of the Kingdom, that our own native Commodities be manufactured amongst ourselves, and that the endeavours of such persons as are setting up Manufacturies and Trades, have been, and are much retarded, by the importation of such foreign Commodities as may be made within the Kingdom. Therefore, and for their due encouragement, the King's Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, That from and after the first day of September next, twelve pounds Scots upon ilk ell of broad English Cloth; six pounds upon ilk ell of Yorkshire and all narrow Cloth; two pounds eight shillings upon ilk ell of Serge; thirty shillings upon ilk ell of Castilians; forty eight pounds upon ilk Beaver-hat; twenty four pounds upon ilk Demy-beaver and Vigon; and three pounds upon the piece of ilk common Hat; thirty six pounds upon the dozen of worsted Stockings; twenty four pounds upon the dozen of Stag-gloves; and twelve pounds upon the dozen of single Stags, Cordivans, Kid or Shivering; and twenty four shillings upon ilk pound of Tobacco, imported either for sale or private use into this Kingdom from England, all Scots money; Be exacted, levied and collected; and fourscore per cent. upon all other sorts of Commodities imported into this Kingdom from England, and not particulary named in this Act, and upon all the growth and Manufacture of that Kingdom, though imported from any other place, and that over and above all other impositions put upon the same already. And to the effect this present Act may be the more exactly put to execution, It is Statute and Ordained, That all Goods imported from England, or of the growth and manufacture of England, not above particularly expressed, shall be valued, after sighting, by two skilful honest men, upon oath, to be nominate by the Dean of Gilled or his Assessors, or Magistrates of the Burgh, or next adjacent Burgh to the Custom-office, where the said's Goods are entered, or by the oath of the party to whom the saids Goods belongs, and accordingly pay the said fourscore per cent. And the Lords Thesaurer and Thesaurer-depute, and Lords of His Majesty's Exchequer, are hereby required to take an Oath, and Bond with sufficient Caution, from the Farmers or Collectors of the said's impositions, that they shall exactly collect the same, without any abatement thereof, directly or indirectly; and that they shall not suffer any of the saids Goods to pass or be conveyed away unentred, and that under the penalty of the worth of the saids Goods, if the contrary shall be made appear, the one half thereof to His Majesty's use, and the other half to the informer, and under the pain of forfaulting their Tacks and Commissions, and being declared incapable to farm or collect, in any time hereafter, any Custom, Excise, or other Imposition whatsoever within this Kingdom. And if any of the foresaids' Goods or Commodities shall be informed and made appear to be brought in, or shall be seized upon, not being entered in the Custom-office, or any other Office appointed for that effect, than the same to be wholly confiscate, the one half to His Majesty's use, and the other half to the first informer or seizer thereof. XIII. ACT imposing a Custom upon Corn imported from Ireland into this Kingdom. THe Estates of Parliament considering, what great sums of money are carried out of the Kingdom, by persons, importers of Corn hither from Ireland, who having sold their Corns, export the money without battering any of the Commodities of this Kingdom; whereby the whole Nation, particularly those near adjacent parts of the Kingdom, are much impoverished of money: And that it is just and reasonable that the said Corns should bear Custom, toward the increase of His Majesty's Revenue, proportionably with other imported Commodities, especially when the Corns of this Kingdom are sold at easy rates. Therefore, the King's Majesty, with advice and consent of His Estates of Parliament, Doth hereby impose three pounds Scots of Custom upon ilk bowl, Linlithgow measure, of Corn imported into this Kigdom from Ireland, after the first day of Seplember next; and appoints thirty shillings Scots to be raised upon ilk bowl already imported, and not yet retailed, conform to an Act of the Committee of Estates made there-anent, in anno, one thousand six hundred and sixty. But, lest the more indigent sort of people might be prejudged, by highting the prices of the said's Corns in time of dearth, under pretence of the said Custom; Therefore, the King's Majesty, with advice and consent foresaid, doth hereby give power to the Lords of His Privy Council, to remit and discharge the exacting of the said Custom, when they shall find the prices of the Victual of this Kingdom, Meal and Barley respective, to exceed eight pounds the bowl; And appoints the Lords of His Exchequer to cause put this Act to full execution, and cause the foresaid Custom be exactly levied, with power to them to allow such fies to the Collectors thereof as they shall think fit. XIV. ACT for inbringing of His Majesty's Rents. FOrasmuch, as His Majesty and Estates of Parliament, taking to their consideration, the great contempt and neglect of the several Fewers and others liable in payment of His Majesty's Rents, wherethrough (notwithstanding of the diligence and endeavours of His Majesty's Thesaurer principal, Thesaurer-depute, and others his Majesty's Officers appointed for the management of His Majesty's Revenue) the same are not paid, or otherwise so unseasonably paid, that it proves a great hindrance and prejudice to His Majesty's Affairs. And finding several Acts of Parliament made for the timeous and seasonable payment of His Majesty's Rents, as well constituting the time and sitting of Exchequer, to the effect that the persons liable in payment, might know both the time, place and persons, where, when, and to whom they should count and make payment of the said's Duties, as also such censures and penalties as might induce them to due obedience thereto: Particularly, the sixty third Act, Par. eleventh, holden by His Majesty's Grandfather of blessed memory, in anno, one thousand five hundred and eighty seven, Ordaining the Exchequer to sit down the first day of July yearly, and to continue to the last day of August thereafter; requiring not only the Thesaurer, controller, Collector, their Deputes and other Officers, to be present and give their attendance during the said time; but also, all persons liable in payment, who ought to make count in Exchequer, to be charged by Precepts to compear thereat, under the pain of forty pounds, to be uplifted by the Thesaurer; Ordaining Letters of Horning to be directed against them for payment thereof, and that the said's persons do attend for making of the said's accounts to the close thereof; and in case of disobedience to the said Precept, that they be charged of new at the Mercat-cross of Edinburgh, and in case of their disobedience to the said Charge, to be denounced Rebels at the said Cross; which denounciation is declared to be as sufficient, as if the same were at the head Burgh of the Shire where the person liveth, and that the Horning be registrat in the Thesaurers' Books or Sheriff Books of Edinburgh. And sicklike, by the sixty fifth Act of the said Parliament, All Chamberlains and other Receivers of His Majesty's Rents, as well heretable as movable, are ordained to find caution to the Thesaurer in Edinburgh, for making count at the ordinar time of Exchequer, and payment within twenty days after the term. And also, by the eighty Act of the said Parliament, it is Ordained, that Letters be directed, charging the Sheriffs, under the pain of rebellion; with certification, etc. to find caution, Burges Indwellers in Edinburgh, that they shall yearly make their accounts in Exchequer, and pay all things resting owing to the King's Majesty, by virtue of their Office. And sicklike, by the two hundred and thirty Act, Parliament fourteenth, anno, one thousand five hundred and ninety four; not only the foresaid Act is ratified and approven; but also, all Chamberlains, Fewers, Customers, Bailies of Burroughs, and Sheriffs, and others intromettors with the foresaids Rents, are ordained to find caution Burgesses of Edinburgh, for yearly compearing and making count in Exchequer. And sicklike, by another Act, Parliament fifteen, Act two hundred and sixty two, for preventing of the prejudice that did then arise, through the not timeous payment of the foresaids Rents, payable out of the Highlands and Isles, the said's Fewers are Ordained to find caution to the Exchequer, for yearly and thankful payment of the yearly Rents, Duties and Services due and payable forth of the Lands possessed and occupied by them, or any other in their names; wherein if they failed, their pretended Infestments, and other Rights and Titles they have to any of their Lands, either property or superiority, are declared forfault and null. Which whole Acts of Parliament respective , The King's Majesty and Estates of Parliament, taking of new to their consideration; and finding no means could have been more probable and conducible, for preventing of these prejudices and obstructions that have arisen to His Majesty's Affairs, through the not timely payment of His Rents; and that the neglect of the exact putting of the said's Acts to execution, hath been the only fountain from whence these have sprung. Therefore, and for preventing of the same in the future, the King's Majesty, with advice and consent of the Estates of Parliament, doth Revive, Renew, Ratify and Approve the foresaids Acts, respectively and particularly above-written, of the dates, tenors and contents thereof in all points, in so far as the same are or may be extended to the payment or securing of His Majesty's Rents; and Ordains the same to have force, and be punctually obeyed and extended against all Chamberlains, Fewers, Sheriffs, Stewards of Stewartries, Bailies of Regalities, Bails of Burroughs, and others liable in payment of any of His Majesty's Rents, for finding caution in Exchequer to the Thesaurer principal and Thesaurer-depute, who are hereby required to cause charge the foresaids persons, particularly , at the Mercat-cross of Edinburgh to compear before them, to the effect above-written; with certification, not only under the pains contained in the respective Acts of Parliament, but also, in case of their disobedience, to denounce them Rebels at the said Mercat-cross of Edinburgh, and to be registrate in the Thesaurers or general Registers of Hornings: Which charge, denounciation and registration respective, the King's Majesty and Estates of Parliament Declares to be as sufficient, to all purposes and intents, as if the same charge were given to them personally at their dwelling-houses, and the denounciation at the head Burgh of the Shire where they live, and the same registrate in the Sheriff Books thereof. And sick like, His Majesty and Estates of Parliament taking to their consideration, that several of the said's Fewers, charged and denounced for not compearing, counting and paying of their said's Duties, do lie under the Process of Horning, apprehending themselves (from the distance of the place) secure, both as to their persons and goods, to the great contempt of His Majesty's Royal Authority, slighting, contemning and vilipending His Majesty's Laws: And His Majesty and Estates of Parliament considering, by the nature, duty and office of each Sheriff, Stewart and Bailies of Regalities within their respective Jurisdictions, they as His Majesty's Officers are obliged, and by several Acts of Parliament, (viz. the 30. Act JA. 4. Par. 3. Par. 6. Act 69. Act 97. JA. 5. Par. 7. Act 74. Par. 6. JA. 6. Act 75. JA. 6. Par. 6.) Ordained, to execute His Majesty's Laws, and put Letters of Poinding and Caption to execution, take and apprehend the Rebels, uplift their estates and count for the same to the controller and Thesaurer and to cause their Clerks give in the Registers of Hornings, and to uplift His Majesty's retoured Duties, blench Duties, Taxations, and other Duties payable to His Majesty, as not only the saids Acts of Parliament, but also the several Rolls of Exchequer bears; Whereby it appears, both by Law, and the nature, and duty of their Office, that they ought to execute His Majesty's Letters, and cause His Majesty be paid of His Rents by the persons liable on payment thereof within their bounds, and that the contemners of His Majesty's Authority be duly punished, and His Majesty's Laws put to execution by them as His proper Officers. Therefore, the King's Majesty and Estates of Parliament Ordains, when any of the foresaids persons, for disobedience to the charges given to them for payment of the Nails, Farms and Duties, as said is, are denounced Rebels and put to the horn, Letters be directed to charge the Sheriff of the Shire and his Deputes, Stewart of the Stewartry, Baily of the Regality respective, within those bounds where the said's persons dwells or lands lies, to take and apprehend their persons and put them in ward, ay and while payment be made to the Thesaurer and Thesaurer-depute, or others appointed by them, and an eque retired thereof, or to poind and destrinzie the readiest goods and gear, and make sale of so much thereof; and to cause His Majesty's Thesaurer and Thesaurer-depute, and others appointed by them for that effect, to be completely paid of the said sum charged for, or to instruct sufficient and exact diligence for the same, within twenty one days next after they be charged: With certification, if they failzie, the said's twenty one days being bypast, Letters shall be directed to charge them or their respective cautioners to make payment thereof themselves, under the pain of rebellion and putting of them to the horn; and if they failzie, to denounce them rebels, etc. in manner above-specified. XV. ACT concerning Beggars and Vagabonds. OUr Sovereign Lord, considering the many laudable Acts of Parliament, made by His Majesty's Royal Predecessors for relief of the Poor, and for constraining of Beggars, Vagabonds and idle Persons to take themselves to lawful Callings, that they might not be burdensome and disgraceful to the Kingdom; Especially the seventh Act of the sixth Parliament of His Majesty's Royal Grandfather King James the sixth of happy memory; Ordaining the names of the Poor of ilk Paroch, and such as must be necessarily sustained by alms, to be taken up, and to tax and stint the persons within the Paroch according to the estimation of their substance, without exception of persons, to such weekly charges and contributions, as should be thought sufficient to sustain the said poor People: And the hundred and sixty eight Act of the fifteenth Parliament King James the sixth, Ratifying the former Act; with this addition, That strong Beggars, with their Bairns, be employed in common Works, and that they shall continue servants therein during their life times. And considering the tenth Act of the two and twentieth Parliament of His said Royal Grandfather King James the sixth, Recommending to all His good Subjects, to take into their service poor and indigent Children, declaring that they shall be subject to their said Masters, their Heirs and Assigns, in all kind of service that shall be enjoined to them, until they pass their age of thirty years complete, and that they shall be subject to their Master's correction and chastisement in all manner of punishment (life and torture excepted) and that if it shall happen, the said persons to absent themselves from their Master's service without their licence, not only to be liable to bodily punishment at their Master's discretion, but that all recepters of them shall be obliged to restore them to their Masters, within twenty four hours after they be required, otherways, to pay to their said Masters, ten shillings Scots for ilk days absence till they be restored. And His Majesty considering, that the chief cause, whereby the foresaids Acts have proven in-effectual, and that Vagabonds and idle Persons do yet so much abound, hath been, that there were few or no common works then erected in the Kingdom, who might take and employ the said idle Persons in their service; and that now, by His Majesty's Princely care, common Works for Manufacturies of divers sorts, are setting up in this Kingdom; Therefore, His Majesty, with advice and consent of His Estates in Parliament, Ratifies and Approves the foresaids' Acts of Parliament; with this addition, That it shall be leisum to all Persons or Societies, who have or shall set up any Manufacturies within this Kingdom, to seize upon and apprehend the persons of any Vagabonds, who shall be found begging, or who being Masterless and out of service, have not wherewith to maintain themselves by their own means or work, and to employ them for their service as they shall see sit, the same being done with the advice of the respective Magistrates of the place where they shall be seized upon; And Ordains the parochs where such Vagabonds or idle Persons, as shall be found begging, were born; or in case the place of their nativity be not known, the parochs where they have any residence, haunt, or most resort, for the space of three years immediately preceding their being so apprehended, who thereby are relieved of the burden of them, to make payment to the Persons or Societies that shall happen to employ them, of two shillings Scots money per diem, for the first year after they be apprehended, and one shilling Scots per diem for the next three years thereafter; the one half thereof to be paid by the Heretors of the several parochs respective, and the other half thereof to be paid by the Possessors and Inhabitants dwelling upon the ground of each Heretor respective. Likeas, His Majesty, with advice and consent foresaid, Ordains the Heretors of each Paroch, or as many of them as shall happen to meet, upon public intimation, made at the Paroch-kirk upon any Sabbath at the dissolving of the Church from the first Sermon, by any of the Heretors of the Paroch, or by the employers of the Poor, to make up a stint Roll for maintenance of the Poor in their Paroch, who shall be employed, as said is, at the rate aforesaid, the one half thereof to be paid by the Heretors, either conform to the old extent of their Lands within the Paroch, or conform to the valuation by which they last paid assessment; or otherways as the major part of the Heretors, so meeting shall agree, Liferenters and Wodsetters always being liable, during their Rights as Heretors; and the other half thereof to be laid upon the Tenants and Possessors, according to their means and substance. And in case the said's Heretors, being required by any Person or Society, employing the Poor as said is, shall failzie to make up and deliver a stint Roll in manner foresaid, with power to the Persons, Society or others entrusted by them, to charge the Heretors of each Paroch for the sum of two shillings Scots per diem, for each one of their Poor, whereof they shall be relieved in manner foresaid, conform to the old extent or valuation foresaid, at the option of the person or Society employing, or these entrusted by them; which stint Roll shall continue and stand for one year after the making up thereof, either by the Heretors, or in case of failzie, by the Persons or Societies employing the Poor. as said is, and shall then be renewed from year to year, during the years above-written. Providing also, that the Heretors, in case they failzie to make a stint Roll, as said is, and be charged conform to the old extent or valuation of their Lands, that they shall have relief of the Tenants and Possessors of their Lands, for the one half of what they shall be distressed for. And His Majesty, with consent foresaids, Ordains Letters of Horning to be directed hereupon, at the instance of the Persons or Societies employers of the Poor, or persons entrusted by them, against the Heretors and others for payment of the said daily allowance for the Poor, or against the recepters of them, being so employed, for ten shillings Scots money per diem, upon fifteen days only: Providing always, that after examination of the case, the Lords of the Privy Council shall find cause for directing such Letters; And Ordains all Sheriffs, Stewarts, Bailies of Regality, Principality, Magistrates of Burroughs, or Justices of Peace and their Constables, to be assisting in the apprehending of the said's Vagabonds, or in the bringing of them back to their service, after they shall be employed: And strictly Prohibits and Discharges all persons whatsoever, to oppose or hinder the taking or bringing back of them in manner foresaid respective, under the pain of deforcement. Likeas, it is hereby Declared, That the Poor so employed shall continue in the service of the employers, and under their direction and correction, in manner foresaid, not only during the space of the maintenance to be paid for them by their parochs, in manner above-written; but also for the space of seven years thereafter for meat and cloth only; Declaring always, likeas it is hereby expressly Declared, that the Burgh of Air nor their Inhabitants shall no ways be comprehended herein, but are excepted here-from in all points. And recommends to the Lords of the Privy Council, to see this Act, and all former Acts of Parliament made against sturdy Beggars and Vagabonds, put to execution, with power to them to supply by their order what shall be deficient, as to the execution of the said's Acts. XVI. ACT anent the measure of Coal. OUr Sovereign Lord considering, that several questions and debates do arise, betwixt the buyers of Coal, and the Customers and Receivers of the Bullion, anent the measure of the Chalder, by which the Custom and Bullion imposed upon the Coal should be paid; Doth therefore, with advice and consent of His Estates of Parliament, Statute and Declare, That the rates of Custom and Bullion, imposed upon the Chalder of Coal, is, and shall be understood of the Culross-chalder; and the said's rates exacted and paid according to that measure allanerly, notwithstanding of any former Custom to the contrary. XVII. ACT anent the Foot-measure. THe Estates of Parliament considering, that notwithstanding by the ancient Laws of the Kingdom, the ell is designed to be thirty seven inches, yet many use inches by which the ell is divided into forty two inches, and of these small inches, make the Foot-measure of a smaller proportion than it ought to be, to the great prejudice of the Liege's; and that the occasion of this Liberty hath been, because, that hitherto there hath no Standard been appointed for Foot-measures, as well as other measures. Therefore, His Majesty, with advice and consent of His Estates of Parliament, Statutes and Ordains, That from and after the first day of June next, one thousand six hundred sixty four, no Workman nor other person shall make use of any other Foot-measure, than such as consists of twelve of these inches, whereof the ell contains thirty seven: And that this may be the better made practicable to the Liege's, Ordains an exact Standardfoot to be made by the Magistrates of Edinburgh, before the first of January, one thousand six hundred and sixty four, of Iron or Copper, and preserved by the City of Edinbugh for all time coming. And that all burgh's shall have a measure made according to it, and hung at their Tolbooth doors or upon their Mercat-crosses, before the first of March, one thousand six hundred and sixty four; and any Burgh that shall fail in this, shall be liable to the penalty of one hundred pounds Scots. And Ordains, That all wright's, Glasiers, Masons, and all other sorts of public Workmen, shall work by this Foot-measure allanerly, that the Liege's may not be abused by variety of measures. Providing always, that this do infer no further privilege to the Burgh of Edinburgh, in just of the Standard to the Shires and burgh's within the Kingdom, than the keeping of the same; nor to any others that have Standards of the like nature. XVIII. ACT discharging Monday and Saturday Mercats in Royal burgh's. OUr Sovereign Lord considering, that there is much occasion given for profanation of the Lordsday in the Royal burgh's, by keeping their weekly Mercats on Monday and Saturday, and that the same may be as conveniently kept on other days of the week; Doth therefore, with advice and consent of His Estates in Parliament, Inhibit and Discharge, all the Royal burgh's, from keeping any Mercats, in time coming, upon the Monday or Saturday, under the pain of one hundred Marks, to be paid by each of the Royal burgh's for every contravention respective: And allows them to change and keep their Mercats on other days of the week as they have done formerly, since the year, one thousand six hundred and forty four, and that they make timeous intimation of the change to the next adjacent burgh's. It being always Declared, that this Act is not to be extended against Fleshers in Royal burgh's, who may keep Mercat of Flesh's in their respective burgh's upon these days, this Act notwithstanding. XIX. ACT anent Lint-seed, Hempseed and Steel. THe Estates of Parliament, taking to consideration, the manifold mistakes and differences that do and may arise, betwixt the Farmers of Excise and Merchants, anent the exacting of Excise upon Lint-seed, Hempseed and Steel, which seems to be occasioned because these Commodities are not particularly excepted, in the Act of the Annuity, from payment of Excise: And being certainly informed, that the present Farmers of Excise and their Collectors, do require and exact duty of Hempseed, Lintseed and Steel, contrary to the meaning of the said Act of Annuity, and of the fourtieth Act of this present Parliament, made for encouragement of Manufacturies. Therefore our Sovereign Lord, with advice and consent of His Estates of Parliament, Doth Declare, all Hempseed, Lint-seed and Steel, to be included in the generality of the proviso of the said Act of Annuity; as also of the said fourtieth Act, whereby all materials for Manufacturies are exempted from Excise. XX. ACT anent Manses and Glebs, and poinding for Ministers Stipends. OUr Sovereign Lord, considering the great difficulties which oftentimes the Ministers of the Gospel do meet with, in the due payment of their Rents and Stipends; So that they are sometimes forced to use legal execution by poinding, and in so doing are necessitate to carry the Goods poinded, to be apprised at the Mercat-cross of the head Burgh of the Shire, Stewartry, Bailery or Regality, many miles distant from the place where the Goods are poinded, to the great prejudice of the party and of the Goods also. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Declares, That it shall be sufficient to the Ministers foresaid, in poinding, apprising and destrenzying the Goods of the persons deficient in payment of their Rents and Stipends, to comprise the saids Goods, by honest sworn men, upon the ground of the Lands and place where the Goods are, which shall be as sufficient, as the same were done at the said's Mercat-crosses. And because, notwithstanding of divers Acts of Parliament made of before, divers Ministers are not yet sufficiently provided with Manses and Glebs, and others do not get their Manses free at their entry: Therefore, our Sovereign Lord, with advice foresaid, Satutes and Ordains, That where competent Manses are not already built, the Heretors of the Paroach, at the sight of the Bishop of the Diocese, or such Ministers as he shall appoint, with two or three of the most knowing and discreet men of the Paroach, build competent Manses to their Minister, the expenses thereof not exceeding one thousand pounds, and not being beneath five hundred Marks: And where competent Manses are already built, Ordains the Heretors of the Paroch to relieve the Minister and his Executors of all cost, charges and expenses, for repairing of the foresaid Manses; Declaring hereby, that the Manses being once built and repaired, and the building or repairing satisfied and paid by the Heretors in manner foresaid, the said's Manses shall thereafter be upholden by the incumbent Ministers during their possession, and by the Heretors in time of vacancy, out of the readiest of the vacand Stipend. In likemaner Ordains, that every Minister have fuel, foggage, feal and devots, according to the Act of Parliament, made in anno, one thousand five hundred and ninety three. As also, that every Minister (except such Ministers of Royal Burroughs, who have not right to Glebs') have grass for one horse and two kine, over and above their Gleb, to be designed out of Kirk-lands, and with relief according to the former Acts of Parliament standing in force; And if there be no Kirk-lands lying near the Ministers Manse, out of which the grass for one horse and two kine may be designed, or otherways, if the said's Kirk-lands be arable Land, in either of these cases, Ordains the Heretors to pay to the Minister and his Successors yearly, the sum of twenty pounds' Scots, for the said grass for one horse and two kine, the Heretors always being relieved according to the Law standing, of other Heretors of Kirk-lands in the said Paroch. And because several Kirks have no Glebs' as yet designed to them, it is hereby specially provided, that in all designations of Glebs', Incorporat-acers, in Village or Town where the Heretor hath houses and gardens, the same shall not be designed, he always giving other Lands nearest to the Kirk. And His Majesty, with advice foresaid, for special causes and considerations, Declares, that this present Act, as to the Manses, is to have force, as the same had been made and dated the fourteenth of March, one thousand six hundred and forty nine. XXI. ACT anent comprisings. OUr Sovereign Lord, considering, that since the first day of January, one thousand six hundred and fifty two, before the making of the sixty two Act of the first Session of this Parliament, entitled, Act for ordering the payment of Debts betwixt Creditor and Debtor, divers persons, having right by posterior Comprisings to the legal reversion of the first Comprising deduced of their Debtors Estate, have, according to the Law then in force, redeemed or satisfied the first Comprising, and acquired the right thereof for their own better security, lest the legal reversion of the first Comprising should have expired to their prejudice. And whereas, by an Clause of the foresaid Act of Parliament, it is Ordained, That all Comprisings, led since the said first day of January, one thousand six hundred and fifty two, within year and day of the first effectual Comprising, shall come in pari passu together, in manner, and upon the provisions, mentioned in the said Act: Which Clause, as it is most just as to all Comprisings led, and standing un-redeemed and un-satisfied by the subsequent Comprisers having right to the legal reversion; So it were unjust to prejudge those, who, for their own security, have redeemed or satisfied the first Comprising, as said is, according to the Law then standing. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Declares, That albeit the foresaid Act was made ad praeterita, to regulate the diligence used by Comprisings at the instance of the Creditors: Yet, it was no ways their meaning to prejudge posterior Comprisers, who, bona side, for their own security, and for preventing the hazard of the expiration of the legal reversion of the first Comprising, did redeem or satisfy the same; And therefore it is Statute and Ordained, That the said's second Comprisers shall no ways be prejudged of the right of the foresaid first Comprising, redeemed and satisfied by them; Declaring nevertheless, that as to the second or posterior Comprising, standing in the party's person who satisfied the first, the same shall only come in with the rest of the Comprisers, pari passu, as it is provided by the foresaid Act. As likeways Declaring, That these presents be no ways extended to any Comprisings satisfied by the second Comprisers, since the making of the foresaid Act of Parliament, or to be satisfied in time coming. XXII. ACT anent Sentences of Excommunication. OUr Sovereign Lord considering, that the proviso in the twenty fifth Act of the first Session of Parliament, entitled, Act for denounceing of excommunicate persons, anent the exhibiting the Process and Sentence of excommunication before the Lords of Session, to the end they might consider the legality of the Process, and grounds whereupon the Sentence proceeded, before any Letters of denunciation should pass against excommunicate persons, was concluded before the restauration of the Bishops, and is prejudicial and derogatory to the jurisdiction of Ecclesiastical Authority, as it is now established; Doth therefore, with advice and consent of His Estates of Parliament, Retreat and Rescind the said proviso, and Declares the same to be void and null. XXIII. ACT for additional provision in favours of the Universities. OUr Sovereign Lord, and the Estates of Parliament, taking into serious consideration, the condition of the several Universities of this Kingdom; And finding, that the present mean and incompetent provision of the Masters and Professors thereof, is so prejudicial to the flourishing of these Seminaries of Church and State, that unless some considerable Augmentation be settled upon them for their encouragement, the ablest and fittest persons of ingenious spirits and education, will shun and avoid the undertaking of Functions in Universities, for want of such ingenuous means as should invite, entertain, encourage and oblige men sufficient for such laborious employments, to the great decay of Learning, and detriment of all ranks of Persons in the Kingdom: For preventing and remeeding whereof, there being an expedient proposed, that the Archbishops and Bishops, and the rest of the inferior Clergy, may allow some part yearly of their Rents, Benefices and Maintenance, for the space of five years to come, as an exemplary testimony of their piety and zeal, for the advancement of Learning and Religion. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Doth Statute and Ordain, That for the cropts and years, one thousand six hundred and sixty four, one thousand six hundred and sixty five, one thousand six hundred and sixty six, one thousand six hundred and sixty seven, and one thousand six hundred and sixty eight, there be raised yearly, out of the Rents of ilk Archbishop and Bishop, the sum of fifty pounds for every thousand marks of the said Revenues, and the sum of forty pounds out of every thousand marks of the Stipends or Benefices of every Minister, and so proportionable six of the hundred, as the Benefice or Stipend shall be valued to be more or less by the Bishops of the Dioceses; And that the said's several proportions, payable by the Bishops, shall be yearly given in to the Archbishops of the respective Provinces, or such as shall have warrant from them; and that the said's several proportions, payable by Ministers, shall be yearly given in to the Bishops of the respective Diocese, or such as shall have warrant from them, and for whom the said's Bishops shall be countable: Which sums so to be raised, shall be distributed to the several Universities, according to those proportions which shall be assigned by His Majesty, by a Committee to sit at Edinburgh, consisting of the Archbishops of St. Andrews and Glasgow, and the Bishops of Edinburgh and Aberdeen, and four others, whereof one to be nominate by the Visitors of the University of St. Andrews, and another by the Visitors of the University of Glasgow, the third by the Visitors of Aberdeen, the fourth by the Council of Edinburgh; Hereby authorising the Archbishop of St. Andrews, and in his absence the Archbishop of Glasgow, to preside in the said Committee, and to appoint their diets of meeting from time to time; and the Committee to take care, that the sums thus allotted, shall be put into a Stock and settled upon Land or otherways, by advice of the respective Bishops, who are Chancellors of the said's Universities; and Ordains the Annualrent of the said Stock to be proportioned to the Masters and Professors of each University, as the Visitors thereof shall appoint. And further, His Majesty and Estates foresaid, do Ordain, that Stipends, and all Benefices of Kirks that shall vaik after the first day of February, in this following year of God, one thousand six hundred and sixty four, for the space of seven years next thereafter, shall be up lifted by Collector thereof, and employed by him in the manner, and according to the proportion's above-specified, for increasing of the Stock of each University: Declaring, that the fifty two Act of the first Session of this Parliament, Concerning the disposal of vacand Stipends, shall be of no force during the space of the years foresaid; And Ordains Letters of Horning and Poinding, and all other execution necessary, to be directed at the instance of the said's Bishops, or any to be appointed by them; and at the instance of the said Collector, for the more speedy inbringing of the sums respective . Further, His Majesty and the Estates of Parliament, do recommend to the Lords of the Privy Council, to entertain and promote any voluntary offer or contribution, for the ends aforesaid, to be made by Noblemen or Gentelemen, for a work so worthy of the public wisdom, piety and honour of this Kingdom. It is always Declared, that this Act shall be without prejudice of Acts passed in this Parliament, for allowing the vacand Stipends of the Diocese of Isles and Argyl for breeding of young Scholars, the sum being regulate by the Committee ; and that this Act shall be no preparative for laying on any burdens on the Clergy hereafter, without their own consent. XXIV. ACT regulating the proportions of Excise in the several Shires and burgh's. THe Estates of Parliament, taking to their consideration, the grievances represented to them by several Shires and burgh's, anent the excessive proportions of Excise laid upon them by the late Act of Parliament, and what great burden the Land-rent of the said's Shires and burgh's lies under, for making up the saids proportions, and the great ease which several other Shires have in their proportions; And it being just and reasonable, that all public impositions of that nature, should be equally distributed upon those liable in payment thereof. Therefore, the King's Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, that the several Shires and burgh's of this Kingdom, shall, for the months of November and December next, one thousand six hundred and sixty three, and January, one thousand six hundred and sixty four years, and in all time thereafter, be liable in the monthly payment of the respective proportions under-written, viz. The Shire of Edinburgh principal, in the sum of two thousand one hundred and forty pounds Scots money; The Town of Edinburgh, in the sum of two thousand nine hundred thirty two pounds; The Shire of Haddingtoun, in the sum of one thousand two hundred fourscore and eleven pounds; The Shire of Berwick, in the sum of six hundred and ten pounds sixteen shillings; The Shire of Roxburgh, in the sum of seven hundred threescore twelve pounds sixteen shillings; The Shire of Selkirk, in the sum of one hundred forty seven pounds ten shillings; The Shire of Peebles, in the sum of one hundred thirty seven pounds ten shillings; The Shire of Lanerick, in the sum of nine hundred threescore eight pounds eight shillings; The Town of Glasgow, in the sum of one thousand threescore sixteen pounds four shillings; The Shire of Dumfriese, in the sum of six hundred fifty six pounds; The Shire of Wigtoun and Kirkcudburgh, in the sum of seven hundred thirty two pounds twelve shillings, whereof the Stewartry of Kirkcudburgh is to pay the sum of four hundred threescore one pounds, and the Shire of Wigtoun the sum of two hundred threescore eleven pounds twelve shillings; The Shire of Air, in the sum of one thousand six hundred thirty nine pounds sixteen shillings; The Shire of Dumbartoun, in the sum of two hundred fifty four pounds; The Shire of Bute, in the sum of fifty seven pounds; The Shire of Renfrew, in the sum of four hundred fifty seven pounds four shillings; The Shire of Stirling, in the sum of nine hundred and threescore pounds eight shillings; The Shire of Linlithgow, in the sum of seven hundred fourscore nineteen pounds four shillings; The Shire of Perth, in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings; The Shire of Kincardin, in the sum of three hundred threescore three pounds twelve shillings; The Shire of Aberdeen, in the sum of two thousand four hundred and eighteen pounds nineteen shillings; The Shire of Bamff, in the sum of four hundred forty seven pounds three shillings; The Shire of Innerness, in the sum of seven hundred fourscore fourteen pounds eight shillings; The Shires of Elgin and Nairn, in the sum of five hundred fourscore sixteen pounds four shillings; The Shire of Cromarty, in the sum of twenty four pounds; The Shire of Argyl, in the sum of four hundred forty three pounds sixteen shillings; The Shire of Fife and Kinross, in the sum of three thousand six hundred and eight pounds eight shillings; The Shire of Forfar, in the sum of one thousand twenty four pounds four shillings; The Town of Dundee, in the sum of seven hundred and eighteen pounds four shillings; The Shire of Sutherland, in the sum of threescore twelve pounds twelve shillings; The Shire of Caithness, in the sum of one hundred fifty three pounds four shillings; The Shire of Orknay and Zetland, in the sum of two hundred forty three pounds sixteen shillings; The Shire of Clackmannan, in the sum of two hundred and six pounds two shillings; And the Shire of Ross, in the sum of two hundred and four pounds, money foresaid; Any thing in the said Act of Parliament to the contrary notwithstanding, which is hereby Declared to be of no force or effect, as to the proportions of the said Excise, after the said first day of November next. XXV. An humble Tender to His Sacred Majesty, of the duty and loyalty of His ancient Kingdom of Scotland. FOrasmuch, as the Estates of Parliament, upon consideration of the great blessings this Kingdom enjoyeth, under the protection of His Majesty's Authority and the administrations of His Royal Government; being thereby not only delivered from their former troubles, and all the evils which attend such usurpations, but being fully restored to, and possessed of, all the liberties and privileges of a free people; Have, by their several addresses to His Sacred Majesty, made offer of their lives and fortunes, and all that is dearest to them, for the advancement of His Royal Honour, Authority and Greatness. And this Kingdom being still more and more sensible of this their happiness, by the often and renewed expressions of His Majesty's grace and favour, and of His tenderness and care of their preservation, in the peaceable and secure enjoyment of their Religion, Laws, Liberties and Properties; Do find themselves the more obliged to renew the expressions of their duty and loyalty to His Majesty. And therefore, the Estates of Parliament, of this His Majesty's ancient Kingdom of Scotland, do, in name and behalf of all His Majesty's good Subjects within the same, by these presents, renew the dutiful tender of their lives and fortunes, for the promoving of His Majesty's Service and the advancement of His Royal Authority. And as they do cheerfully recognosce His Majesty's Royal Prerogative and undoubted Right, of the sole power of raising, arming and commanding of His Subjects; So, in a further acknowledgement of their duty, they do make humble and hearty offer to His Majesty, of twenty thousand Footmen and two thousand Horsemen, sufficiently armed, and furnished with forty day's provision, to be raised from the several Shires of the Kingdom, according to the proportions following, viz. From the Shires of Roxburgh and Selkirk, one thousand three hundred thirty three Foot, and one hundred forty eight Horse. From the Shire of Berwick, eight hundred Foot, and seventy four Horse. From the Shire of Edinburgh, eight hundred Foot, and seventy four Horse. From the Shire of Haddingtoun, eight hundred Foot, and seventy four Horse. From the Shire of Peebles, two hundred sixty six Foot, and twenty nine Horse. From the Shire of Linlithgow, three hundred thirty three Foot, and forty two Horse. From the Burgh of Edinburgh, Lieth and Canongate, eight hundred Foot. From the Shire of Dumfries, eight hundred Foot, and eighty eight Horse. From the Shire of Wigtoun, eight hundred Foot, and eighty eight Horse. From the Shires of Air and Renfrew, one thousand three hundred thirty three Foot, and one hundred seventy six Horse. From the Shire of Lanerick, one thousand Foot, and one hundred forty eight Horse. From the Shires of Stirling and Clackmannan, six hundred sixty six Foot, and eighty eight Horse. From the Shires of Fife and Kinross, one thousand six hundred Foot, and one hundred seventy six Horse. From the Shire of Perth, one thousand six hundred Foot, and one hundred seventy six Horse. From the Shire of Forfar, one thousand Foot, and one hundred and three Horse. From the Shire of Kincardin and Marshals part of Aberdeen, eight hundred Foot, and seventy four Horse. From the rest of Aberdeen and Shire of Bamff, one thousand sixty six Foot and one hundred seventy six Horse. From the Shires of Elgin, Nairn, and this side of Ness, one thousand Foot, and eighty eight Horse. From the Earl of Seafort and Lord Lovat, their division of Innerness, six hundred sixty six Foot, and eighty eight Horse. From the Shires of Sutherland and Caithness, and the rest of Innerness, one thousand sixty six Foot, and eighty eight Horse. From the Shires of Argyl, Dumbartoun and Bute, eight hundred Foot. From the Shire of Orknay, six hundred sixty six Foot. Which Forces are to be in readiness, as they shall be called for by His Majesty, to march to any part of His Dominions of Scotland, England or Irland, for suppressing of any foreign invasion, intestine trouble or insurrection, or for any other service, wherein His Majesty's Honour, Authority or Greatness may be concerned. And for the better prosecution hereof, the Estates of Parliament do humbly entreat, His Majesty may be graciously pleased to give Commissions to such persons to be general Officers, Colonels, Lieutenant colonels, Majors and Rute-masters, as His Majesty in His Royal judgement, shall think sit; and for the other Officers, or any other thing fitting to be done for perfecting of the Levies and carrying on of this business, they do humbly recommend to His Majesty, to give His direction therein to His Privy Council, who are hereby impowered with Commission and Authority, for the ordering, disposing and sole managing of this Affair, in such a way, as this dutiful offer of the Parliament of His Majesty may be made most effectual, and according to the instructions and commands they shall receive from His Majesty. And the Estates of Parliament do Declare, that if His Majesty shall have further use of their service, this Kingdom will be ready, every man betwixt sixty and sixteen, to join and hazard their lives and fortunes, as they shall be called for by His Majesty, for the safety and preservation of His sacred Person, Authority and Government. XXVI. ACT asserting His Majesty's Prerogative in the ordering and disposal of Trade with foreigners. THe Estates of Parliament considering, that during the late troubles, divers invasions were made upon the Royal Prerogatives of the Crown; and that in a just abhorrence thereof, and in a due sense of the happiness they enjoy under His Majesty's Government, they are obliged in all occasions to vindicate and assert the same, in the several branches thereof: And since the ordering and disposal of Trade with foreign Countries, and the laying of restraints and impositions upon foreign imported Merchandizes, is, by the Law of Nations, acknowledged to be proper to, and inherent in, the persons of all free Princes, as an undoubted Prerogative of the Crown. They therefore, in a dutiful and humble recognizance of His Majesty's Prerogative-royal, do Declare, That the ordering and disposal of Trade with foreign Nations, and the laying of restraints and impositions upon foreign imported Commodities, doth belong to His Majesty and His Successors, as an undoubted Privilege and Prerogative of the Crown; and that by virtue thereof, they may lay such impositions and restraints upon imported foreign Commodities, and so order and dispose upon the Trade of them, as they shall judge fit for the good of the Kingdom. Likeas, the King's Majesty, with advice and consent of His Estates in Parliament, doth hereby Rescind and Annul all Acts, Statutes, Constitutions and Customs to the contrary; and Declares the same void and null in all time coming. XXVII. COMMISSION for the plantation of Kirks and valuation of Teinds. THe King's most Excellent Majesty, being desirous to prosecute the work of valuation of Teinds and plantation of Kirks, in reference to His own interest for the annuity, and the universal good of His people, especially for the encouragement of the Ministers of the Gospel; Doth, with advice and consent of His Estates of Parliament, Ratify and Approve the nineteenth Act of the Parliament, holden at Edinburgh by His Royal Father of blessed memory, in anno, one thousand six hundred and thirty three, (entitled, Commission for valuation of Teinds,) in the whole heads, clauses and conditions thereof, except in so far as there hath been any alterations made therein, by Acts and Commissions made and granted by His Majesty since the date of the said Act, or granted by any pretended Parliaments since, and which are Ratified, Salved or Reserved by this present Parliament; and which alterations are not destructive of, and contrary to, this present Act, or any clause thereof. And sicklike, Ratifies and Approves the sixty one Act of the first Session of this present Parliament, entitled, Commission for plantation of Kirks, etc. in the whole Heads, Articles and Clauses thereof, except in so far as the same may be contrary to this present Act, as said is. And His Majesty, with advice and consent foresaid, gives full power and commission to James Archbishop of St. Andrews; William Earl of Glencairn, Chancellor; John Earl of Rothes, Thesaurer; Alexander Archbishop of Glasgow; William Earl Marshal, Privy-Seal; Duke of Hamiltoun; Marquis of Montrose; Earl of Landerdail, Secretary; Earl of Eglinton; Earl of Linlithgow; Earl of Kelly; Earl of Haddington; Earl of Annandail; Earl of Leiven; Earl of Tweddail; George Bishop of Edinburgh; james Bishop of Galloway; George Bishop of Dunkell; _____ Bishop of Aberdeen; john Bishop of Ross; Robert Bishop of Dumblane; _____ Bishop of Orknay; William Lord Bellenden, Thesaurer-depute; Sir john Gilmore, Precedent of the Session; Sir Archibald Primrose, Clerk Register; His Majesty's Advocate; Sir john Home of Renton, Justice Clerk; Sir james Lockart of Lee; Sir john Scougal of Whitkirk; Charles Maitland of Halton; Sir Thomas Hamiltoun of Preston; Sir john Wachop of Nidrie; Sir Robert Fletcher of Salton; Sir Henry Wardlaw of Pitrevy; William Scot of Ardross; Sir Andrew Ramsay, Provost of Edinburgh; Sir Robert Murray there; Sir Archibald Sydserf; Sir Alexander Wedderburne; Sir William Thomson; John Miln; Robert Lentron, Provost of St. Andrews; Mr. John Paterson, Provost of Perth; William Seatoun, Provost of Haddington; or any fifteen of them; whereof three of the Clergy, three of the Nobility, three Officers of State, three Commissioners of Shires, and three of burgh's; of which number, the Archbishop of St. Andrews, or the Chancellor, or the Thesaurer, or the Archbishop of Glasgow, or the Privy. Seal, or the Secretary, or the Duke of Hamiltoun, or the Earl of Haddingtoun, or any of them, being always one, to meet and conveen at Edinburgh, the _____ day of _____ one thousand six hundred and sixty _____ year; and at such other place or places, times and diets as they shall appoint, to value, and cause be valued, whatsoever Tends, great or small, Personage or Vicarage, of whatsoever Lands within this Kingdom, liable to the payment of Teinds, which are yet un-valued; Excepting always the Teithes of the Archbishops, Bishops and other beneficed persons, whereof they were in real and actual possession, by leading and collecting the same, in the year, one thousand six hundred and twenty eight; and with provision, that they be not prejudged of the Fruits and Rents of their several Benefices, as the same was possessed by them, anno, one thousand six hundred and thirty seven, conform to the Submission made by the Bishops to His Majesty in the said year, and Decreet arbitral following thereupon: With power to the said's Commissioners, or quorum foresaid, to appoint Sub-commissioners, conform to the former Acts and Commissions for valuation of Teinds, and receive reports from them. And with power to them, where Ministers are not already sufficlently provided, or have not Localities assigned to them for their Stipends, out of the Teinds within the Paroch where they serve the Cure, to modify, settle and appoint constant local Stipends to ilk Minister, out of the Teinds of the Paroch where they serve the Cure, in so far as the same will amount to, according to the quantities of victual or money mentioned in the saids Acts and Commissions, and to decide and proportion the said's Localities. And with power to dis join too large and spacious parochs, to cause erect and build new Churches, to dismember and annex Kirks, as they shall think just; and to take order, that every Heretor and Life-renter shall have the leading and buying of their own Teinds, if they be willing, according to the rates prescribed by former Commissions; Particularly, by the Commission granted by His Majesty, with consent of the Estates of Parliament, in anno, one thousand six hundred and thrity three; with power to them to determine all questions concerning the prices of Teinds, betwixt Titulars and others having right thereto, and the Heretors; and to appoint such securities, in favours of the Titulars and others having right to the Teind, for the prices to be granted by the Heretors, payers of the valued duties, or buyers of the said's Teinds; and in favours of the Ministers, as to their maintenance, as the said's Commissioners shall think fitting, according to the rule set down in the said's former Acts, namely in the said Act, anno, one thousand six hundred and thirty three. Declaring, That where the Vicarage of any Paroch is a several Benefice and Title from the Personage, the same shall be severally valued; to the effect, the Titulars or Ministers serving the Cure, having right to the said Vicarage, be not frustrate of the true worth thereof; And that Titulars, and others having right to Teinds, shall not be forced to dispone any Teinds, valued or to be valued, which shall be assigned, disponed and allocat to the Minister serving the Cure of the Paroch. As also, with power to the said's Commissioners or quorum foresaid, to rectify whatsoever Valuations, led or to be led, to the enorm prejudice of the Titulars, and to the hurt and detriment of the Kirk, and prejudice of the Ministers maintenance and provisions, or of His Majesty's Annuity. Provided always, likeas it is hereby expressly provided, that where Valuations are lawfully led, against all parties having interest, and allowed by former Commissions, the same shall not be drawn in question, nor rectified upon the pretence of enorm lesion, at the instance of the Minister (not being Titular) or at the instance of His Majesty's Advocate, in respect of His Majesty's Annuity; except it be proven, that collusion was used betwixt the Titulars and Heretors, or betwixt the Proctor-fiscal and Heretors and Titulars; which collusion is declared to be, where the Valuations are led with the diminution of the third of the just Rent, which diminution shall be proven by the party's oaths. And albeit all the Acts of the pretended Parliaments, in the years, one thousand six hundred and forty, one thousand six hundred and forty one and thereafter, are declared, by an Act of this Parliament, null and of no avail in all time coming: Yet, it is hereby Declared, That all and whatsoever Valuations, Acts, Sentences and Decreets, done and passed by any Commissions granted by the said's pretended Parliaments, with all executions used or to be used thereupon, are and shall be as valide in all time coming, as if the said's Valuations, Acts, Sentences and Decreets, had been given and pronounced by persons legally impowered to that effect, any thing in the foresaid rescissory Act to the contrary notwithstanding; Excepting such Decreets of valuation, modification of Stipends, or augmentations thereof, past and granted since the year, one thousand six hundred and thirty seven, whereby the said's Archbishops or Bishops are prejudged of any part of their Rents, whereof they were in possession in the said year thirty seven. And although, by a special Act of this present Parliament, the pretended Parliament, holden in anno, one thousand six hundred and forty nine, and in the beginning of the year, one thousand six hundred and fifty, is, from the beginning, Declared void and null, and all that hath followed thereupon Yet nevertheless, His Majesty doth, with advice foresaid, autho rise all Valuations, Acts, Decreets and Sentences, led, deduced and pronounced by the Commissions, one or moe, appointed by the said pretended Parliament, for plantation of Kirks and valuation of Teinds, and all execution competent thereupon; Excepting such Decreets and Sentences, given in favours of Ministers for their Stipends, or for dividing, uniting, annexing or building of Kirks, which shall be found to have been unjustly or exorbitantly discerned: The determination whereof is hereby referred by His Majesty, with consent foresaid, to the said's Commissioners, that they, after hearing of parties and consideration of particulars, may take such course, for altering, annulling or allowing of the said's Acts, Decreets and Sentences, as they shall think fitting, conform to the Laws, Practic and Custom observed preceding the year, one thousand six hundred and forty nine; And Ordains Processes, upon supplications, to be summarily granted, parties always being cited, and that without any reduction. And it shall be lawful to the said's Commissioners, or quorum foresaid, to proceed in all Summons and Actions to be intended for that effect, within the space of two years after the first down-sitting of the Commission. And whereas it may fall out, that some of the said's Commissioners may be un-able to attend the service, through death, sickness, or other known impediment; Therefore, His Majesty Declares, that He shall be careful to fill their places with other persons qualified, whose oaths for faithful discharge of the same shall be taken by the Lord Chancellor, or in his absence, by the Precedent of the said Commission for the time; And Ordains this present Commission to endure ay and while the same, be discharged by His Majesty; and the Acts, Decreets and Sentences thereof, to have the force, strength and effect of a Decreet and Sentence of Parliament, and the Lords of Session to grant and direct Letters of Horning, Poinding and others requisite, in manner contained in the foresaids' Commissions. And considering, that it was the will and pleasure of His Majesty's Royal Father, that all Heretors, who should be willing to buy, should have their own Teinds at reasonable rates; therefore, His Majesty, with advice foresaid, Statutes and Ordains, That all Heretors, whose Teinds are not valued, (excepting as is formerly excepted in this Commission) shall have liberty to value and buy the same, at such rates as is contained in the Acts of Parliament, one thousand six hundred and thirty three. With power to the said's Commissioners, to augment the said's rates according to the burden of augmentation, and others sustained by the Titulars since the said's Acts; and the said's Heretors to have the liberty of buying, as said is, within the space of three years after the valuation. With this Declaration always, That in case the impediment, during the time foresaid, flow from the Titular, by reason of his minority or other inability, in that case, the He retor who offers himself ready to buy his own Teind, within the space foresaid, shall have place, so soon as the impediment is removed, to buy his Teinds, notwithstanding of the expiring of the years and space above-exprest. And it is Declared, that if the Heretor be Minor, and his Tutors neglect the buying of his Teinds within the foresaid space, the Minor shall have action for two years after his minority, to compel the Titular for selling of his said's Teinds; And His Majesty, with consent foresaid, hereby discharges all former Commissions, Declaring the same to be expired. XXVIII. ACT annent penal Statutes. THe King's most Excellent Majesty, having, out of His grace and goodness to His Subjects, granted an full and free Act of Indemnity, Pardon and Oblivion, for all crimes and offences committed by them, relating to the late troubles, and more fully expressed in the tenth Act of the second Session of this Parliament. And considering, that besides these, there be divers arbitrary and pecunial pains adjected to penal Statutes, which being strictly exacted, would prove an heavy burden to the Subjects who may be liable thereto. And His Majesty being desirous, now at the close of this His first Parliament, that all His good Subjects may find the effects of His mercy, as to exceed all former precedents, so to be beyond their own expectation; Hath therefore thought fit, with the advice and consent of His Estates of Parliament, by these presents, to Discharge, Pardon and Remit all contraveeners of any penal Statutes, for all deeds heretofore done by them, contrary to the tenor thereof; Excepting the Statutes concerning the unlawful taking of Usury, transporting of Silver and Gold, slaying of red and black Fish, and all Acts and Statutes passed in this present Parliament, which are no ways discharged by this present Act. XXIX. ACT Salvo jure cujuslibet. OUr Sovereign Lord and Estates of Parliament, considering, that in this last Session of this present Parliament, many particular Acts and Ratifications have been past, wherein divers Clauses may be inserted, prejudicial to the rights and interests of several persons, albeit it hath always been His Majesty's purpose and meaning, and the purpose and meaning of the Estates of Parliament, in this, as in all preceding Parliaments, That all particular Acts and Ratifications, general or special, howsoever conceived (where persons concerned have not been heard for their Interest before the passing thereof) should not prejudge private Rights of parties. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, That all particular Acts and Ratifications whatsoever, passed in this last Session of this present Parliament, shall be interpreted Salvo jure cujuslibet; Excepting always, an Act and Ratification passed in this Session of Parliament, in favours of the Duke and Duchess of Buccleuch, of their Contract of Marriage, which is Declared by His Majesty and Estates of Parliament, no ways to be comprehended herein. Extracted from the Records of Parliament, by me Sir ARCHIBALD PRIMEROSH of Chester, Knight and Baronet, Clerk of His Majesty's Council, Registers and Rolls. A. Primrose, Cls. Reg. ATABLE of the Printed ACTS. 1. ACt against separation and disobedience to Ecclesiastical Authority. Page 3 2. Additional Act concerning the Declaration to be signed by all persons in public Trust. Page 6 3. Act against Protections. Page 8 4. Act for the establishment and constitution of a National Synod. Page 9 5. Act anentruinous houses in Royal burgh's. Page 10 6. Act discharging the importation of Strong-waters, etc. Page 12 7. Act discharging the mixing of Tin with Lead. ibid. 8. Act anent the discharging of Advocations for sums within two bundred marks. Page 13 9 Act in favour of Minors, anent the duties of the Lands comprised from them. ibid. 10. Act against exportation of money forth of the Kingdom. Page 14 11. Act for encouragement of Tillage and Pasturage. Page 17 12. Act for a new Imposition upon English Commodities. Page 18 13. Act imposing a Custom upon Corn imported from Ireland into this Kingdom. Page 19 14. Act for inbringing of His Majesty's Rents. Page 20 15. Act concerning Beggars and Vagabonds. Page 23 16. Act anent the measure of Coal. Page 26 17. Act anent the Foot-measure. Page 27 18. Act discharging Monday and Saturday Mercats in Royal burgh's. Page 28 19 Act anent Lint-seed, Hempseed and Steel. ibid. 20. Act anent Manses and Glebs, and poinding for Minister's Stipend. Page 29 21. Act anent Comprisings. Page 30 22. Act anent Sentences of Excommunication. Page 31 23. Act for additional provision in favours of the Universities. Page 32 24. Act regulating the proportions of Excise in the several Shires and burgh's. Page 34 25. An humble Tender to His Sacred Majesty, of the duty and loyalty of His ancient Kingdom of Scotland. Page 36 26. Act asserting His Majesty's Prerogative, in the ordering and disposal of Trade with foreigners. Page 38 27. Commission for plantation of Kirks and valuation of Teinds. Page 39 28. Act anent penal Statutes. Page 43 29. Act Salvo jure cujuslibet. Page 44 A Table of the special Acts and Ratifications, passed in the several Sessions of this Parliament, which are not printed. FIRST SESSION. PRotestations by some Noblemen, Commissioners from Shires and burgh's, concerning their precedencies in the Rolls of Parliament. Act discharging Sir Archibald Johnstoun of all public Trust. Act concerning the Burial of the Corpse of the late Marquis of Montrose and Laird of Dalgety. Commissions for the Lords of the Articles and Bills. Exoneration to Mr. John Young, concerning the Registers. Record of the production of the Patents granted by His Majesty to His Officers of State, and their Admissions. Record of the production of some Patents of Honour. Decreet Earl of Dalhousie and others, against Mr. Robert Hodge. Act in favours of the Laird of Mackclean. Precognition in favours of the Master of Bamff. Commission to Mr. John Wilkie, to collect the vacand Stipends. Act rescinding the pretended forfeiture of the Marq; of Montrose. Act allowing Messengers to execute Summons of Treason. Exoneration in favours of the Earl of Crawfurd and Lindsay. Act concerning the Magistrates of Kirkwall. Act for an Imposition at the Bridge of Musleburgh. Commission for visiting the University of Aberdeen. Act anent the election of the Magistrates of Monross. Decreet Archibald Lamont contra Campbel. Act for an Imposition at the Calsees of Cowie-month. Reference Mackenzie contra Mackpherson. Decreet Earl of Perth contra Sir George Movat. Acts in favours of some Ministers for their Stipend. Act in favours of Col. Weymes, Col. Lesly and James Scot Letter and Act in favours of the Laird of Renton. Act for a Bridge at Ramal-well-craig on Clyd. Act in favours of the Town of Wigtoun concerning a Bridge. Decreet Lockhart contra Bonar. Decreet Mackenzie of Redcastle, contra Gilbert Ker and others. Decreet Elizabeth Duchy contra Henry Dennistoun. Act annent the Custom and Price of imported Tobacco-pipes. Decreet Carnaigie contra Carnaigie. Ratification to the Earl Martial of the Sheriff-ship of Aberdeen. Protestation by the Earl of Roxburgh, in name of the Marquis of Huntly, against the same. Ratification in favours of Mr. Adam Cunningham of Wood-hall, of the Commissariot of Dumfries. Ratification in favours of the new College of Aberdeen. Protestation by the Town of Aberdeen against it. Ratification in favours of Sir John Urqhuart of Cromarty. Rat. Mr. Harry Hay, of the Commissar-clerkship of Edinburgh. Ratification to John Ramsay of his Office from the Lord Register. Ratification in favours of the Burgh of Elgin. Ratification in favours of Thomas Manson. Ratification of the erection of the Kirk of Kinlosse. Rat. to Mr. Tho Young. of the Commissar-clerkship of Lauder. Rat. of the erection of the Town of Findorn in a Burgh of Barony. Protestation Town of Forres against it. Ratification in favours of _____ Wat. Rat. to Mr. James Nicholson of the Commissariot of Brichen. Ratification to John Newel. Ratification in favours of Harry Blaickwood. Ratification to Alexander Monro of the Commissariot of Stirling. Act concerning the Town of Kirkwall. Rat. to the Town of Edinburgh of the regality of the Cannongate. Rat. to the Town of Edinburgh of the mark upon the Tun. Rat. Town of Edinb. of the Land called The King's work in Leith. Rat. Town of Edinb. of the Customs at the house in the Mure. Rat. of the Town of edinburgh's new Charter of Confirmation. Act in favours of Mr James Daes. Commission for trial of the burning the Gates of Drumlanrig. Act concerning the Earl of Perth and Lord drummond's losses. Act concerning Sir Thomas Hamiltoun of Prestoun his Writes. Act rescinding the pretended forfeiture of the Marquis of Huntly. Act rescinding the pretended forfeiture of Mackdonald of Largy. Act rescinding the pretended forfeitur of Sir John Gordoun of Haddo. Act for a contribution for repairing the Harbour of Peterhead. Act in favours of the Town of Dunce. Act in favours of George Campbel. Modifications to suffering Ministers out of the vacand Stipends. Ratification in favours of the Eail of Mar. Ratification in favours of the Town of Nairn, and Protestation by the Laird of Caddel against it. Ratification in favours of the Earl of Panmure, and Protestation by the Burgh of Arbroth against it. Ratification in favours of the Burgh of Innerness, and Protestation for Redcastle Dunean, and the burgh's of Forteross, Cromarty and Dingwal against it. Ratification in favours of the Earl of Linlithgow. Ratification to the Earl of Callander. Ratification to the Town of Musleburgh. Ratification in favours of Robert Thomson, and Protestation by the Earl of Athol against it. Ratification in favours of Mr. Thomas Murray. Ratification in favours of Mr. John Finlay. Ratification in favours of the Burgh of Wigtoun. Act for a weekly Mercat and two Fairs yearly in Bouden. Ratification in favours of the Royal Burroughs. Ratification in favours of the Earl of Weymes. Ratification in favours of the Burgh of Kirkcaldy. Commissions for trying some persons suspected of witchcraft. His Majesty's nomination of the Lords of Sess. and their Admission. Act for the sitting and diets of the Session. The Lord Registers nomination of the Clerks to the Session, to the registration of Seasings and admission of Notars, and their admission, conform to their Gifts from the Lord Register. Act establishing the Sheriffdom of Ross and the bounds of it. Commissions for the Fishings on the waters of Ugie and Itham. Act to James Weymes for a new invention of Milnes, etc. Act in favours of the Earl of Lauderdaile, anent the Lordship and Regality of Musleburgh, and Superiority thereof. Protestation by the Lord Colintoun, that the said Act should not prejudge him of his Right to the Teind of the Paroch of Hales. Act in favours of the Earl of Laudeidaile. Act in favours of the Earl of Lauderdaile, concerning the Writes and Securities of his Lands. Act concerning the Earl of Cassils'. Act anent the Lights on the May. Act rescinding the pretended forfeiture of the Laird of Glengairy. Act rescinding the pretended forfeiture of Macklean of Lochbovy. Act rescinding the pretended forfeiture of Macklean of Kingerloch. Decreet Earl Southesk and Lord Burghly, against the Shire of Fife. Decreet Marquis of Montrose against the Marquis of Argly. Decreet Laird of Dury, contra Duke Hamiltoun. Act in favours of the Burgh of Aberdeen. Act for two Fairs and a weekly Mercat in Strathaven. Act in favours of Patrick Dumbar. Act in favours of the Laird of Edgerstoun. Act for three Fairs to the Town of Lesly. Act for a weekly Mercat and two Fairs in the Town of Tullith. Act for a yearly Fair in Aldeir. Decreet Pluscarden contra Mackpherson and others. Act in favours of the Clan- Gregor. Decreet E. Roxburgh con. E. Lothian, anent the Title of Lord Ker. Decreet Earl of Airly against Mackenzie and others. Act for repairing the Bridge of Sanchar. Act for two fairs and a weekly Mercat in Hamiltoun. Act rescinding the pretended forfeiture of David Graham of Gorthy. Act in favours of Doctor Gleg. Record of the losses of some Noblemen for their loyalty. Acts for ordering the precedency of the Officers of State. Decreet of forfeiture against Sir Archibald Johnstoun. Act rescinding the pretended forfeiture of the Lord Heries. Ratification in favours of the Earl of Roxburgh. Ratification in favours of the University of St. Andrews. Ratification in favours of the Burgh of Lauder. Ratification in favours of Major Ramsay. Ratification in favours of the Laird of Hayning. Ratification in favours of John Stirling of Orther-field. Ratification in favours of the Earl of Leiven. Ratification in favours of John Campbel of Ardchattan. Ratification in favours of the Burgh of Linlithgow. Ratification in favours of the old Town of Aberdeen. Rat. of the mortification of a Hospital in the Paroch of Largo. Ratification in favours of the Laird of Monymusk. Protestation by the Earl of Aboyn, in name of the Marquis of Huntly, against it. Ratification in favours of the Burgh of Dumbartoun. Protestation of the Town of Glasgow against it. Ratification in favours of the Town of Glasgow. Protestation by the Dukes of Lennox and Hamiltoun, and the burgh's of Dumbartoun and Renfrew, against it. Ratification in favours of the Burgh of Forterose, and Protestation by the Town of Innerness against it. Ratification in favours of the Officers of the Mint. Protestation for the Burgh of Edinburgh against it. Act for coining of Copper-money. Act for providing a Stock to the Mint-house. Decreets of forfeiture against William Dundass of Magdallans, and John Home of Kello. Act anent the redemption of Infeftments of Fee granted under reversion. Act rescinding the pretended forfeiture of Robert Spotswood. Act rescinding all Decreets of forfeiture against Archibald and Mackgilespik Mackdonal of Colinsay. Act rescinding the forfeiture of Archibald Mackdonal of Sands. Protestation by the Creditors of the Marquis of Argyl, that they be not prejudged by any sentence to be given against him. Decreet and Sentence of forfeiture against the Marquis of Argyl. Decreet and Sentence of forfeiture against Mr. James Guthry. Decreet and Sentence of forfeiture against William Govan. Decreet L. Cochran, against the Executors of the Earl of Buccleuch. Act for Two Fairs to the Burgh of Ruthglen. Act for Imposition for upholding a Bridge on the Water of Fleet. Acts concerning the Town of Edinburgh and their Annuity out of the House-mails, and the Imposition granted to them of two pence upon the pint of Ale, etc. Decreet Duke of Hamiltoun contra Ardkinlass. Commission for a Council of Trade. Decreet in favours of the E. of Callander against the E. of Leiven. Act for changing an Highway at Abbotshall. Act in favours of William Purvess. Decreet Sir William Baily of Lamintoun contra Mrs. Whaley. Act for the ordinar allowance of the Clerk Registers Subscription. Ratification in favours of the Marquis of Montrose. Act ratifying the union of the parochs of Logy-montrose and Perth. Act anent slaying of Fish in forbidden time. Act in favours of the Earl Cassils', Earl Lothian, Brody, etc. Commission concerning the Annualrents due by persons forfeited by the Usurpers. Decreet in favours Mackintosh against Lochyel. Decreet Murdoch Mackclean against John Mackallester, etc. Protestations by the Earl of Arrol, Earl Craufurd and Lindsay, the General of the Mint, and the Provost of Edinburgh in name of the Royal Burroughs, against the power of the Justices of Peace. Act in favours of the Commissars of Edinburgh. Act in favours of the Earl of Middleton and Sir John Smith. Act in favours of the Earl of Middleton and Sir John Weymes. Act for two Fairs to the Burgh of Culross. Act for raising a month's maintenance, imposed in the year, one thousand six hundred and fifty one, for the King's use, and eighty thousand marks due by the Burroughs. Act in favours of the Earl of Dundee. Act in favours of the Hat-makers in Edinburgh, and Protestation by the Town of Edinburgh against it. Decreet John Mackdowgal contra Campbel. Decreet of forfeiture against John Swintoun. Act rescinding the pretended forfeiture of the Earl of Branfurd. Ratification in favours of the Earl of Panmure. Commission for the Fishings of North and Southesks. Ratification in favours of the Lord Rollo. Ratification in favours of the Earl of Murray. Ratification of the Rights and Liberties of the Burgh of Dundee. Ratification in favours of the Burgh of Kintor. Ratification in favours of the Earl of Tweddal. Ratification in favours of Alexander Thomson. Ratification in favours of the Earl of Athol. Ratification to Sir John Gilmor, Precedent of the Session, of his Rights of the Barony of Craigmillar. Ratification in favours of the Burgh of Dunkell, and Protestation by the Town of Perth against it. Two Ratifications to the Earl of Craufurd and Lindsay. Ratification to the Earl of Lauderdaile of the regality of Thirlstane and Lordship of Musleburgh. Rat. to the Earl of Lauderdaile of the gift of Swintouns forfeiture. Ratification in favours of Mr. James Douglass. Ratification to Sir John Gilmor of his gift of Pension. Ratification to Sir James Hope of his rights to the Mines. Ratification in favours of the Laird of Calder. Ratification in favours of the Burgh of Aberdeen. Ratification in favours of Mr. John Herbertson. Ratification in favours of the Earl of Home. Ratification in favours of Sir Alexander Home. Ratification in favours of Mr. John Cunningham. Ratification in favours of James Innes. Ratification in favours of Sir James Cunningham. Ratification in favours of Sir Robert Murray of Camron. Ratification in favours of the Earl Marshal. SECOND SESSION. ACt for calling in the Bishops to the Parliament. Act for settling the Orders in the . Act concerning Members of Parliament who do not attend. Recommendation for the Creditors of the late Marquis of Argyl. Commission for trial of the burning the Gates of Drumlanrig. Modification and Recommendations for some suffering Ministers. Proclamation for the anniversary . Act concerning the Earl of Mortoun and Town of Kirkwall. Act for yearly Fairs in Corstorphin. Act in favours of Lord Fraser, for his Title of Lord Fraser. Act betwixt the Lord Burghly and Shire of Fife. Act in favours of Alexander Bruce, Brother to the E. of Kincarden. Act anent the Chapter of Argyl, and Glenorchies Protestation against it. Act in favours of the Inhabitants of Orknay. Act for relief of those who were over-burdened in their Levies, in anno, 1649. for their concurrence in the Engagement, in anno, 1648. Act concerning the Ministers of Edinburgh. Act rescinding the pretended forfeiture against Harthill. Act in favours of the Earl of Perth and others, and some moneys due to them by the Shire of Perth. Commission for the Creditors of forfeited persons. Act for keeping the Registers of Session in the . Decreet Marquis of Huntly cont. Inns Cromarty, Rob. Foulis, etc. Decreet Laird of Haddo contra Lesly. Act of dissolution of the Earldom of Orknay. Decreet Mackclaud contra Mr. David Drummond, etc. Decreet Sir James Mackdonald contra Mackconochie Inera. Act for changing the Way betwixt the south Ferry and Cramond. Act in favours of the Town of Edinburgh. Decreet against Archibald Campbel. Decreet of forfeiture against Ardkinlass and Ormsay. Act in favours of the Lord Lyon. Act for an Arch-deanry in the Isles. Act in favours of Sir Robert Fletcher. Decreet Mrs. Whaley contra Lamintoun. Act for changing the Market-day in Aberdeen. Act in favours of the Town of St. Andrews. Act for yearly Fairs to the Earl of Kinghorn, the Lord Tarbet, the Lairds of Glenorchie and Haddo. Act for two Fairs yearly, and a weekly Mercat in Dalmeny. Act in favours of the Earls of Queensberry and Annandail. Decreet in favours of Mr. Thomas Mackenzie. Act for building a Meal-mercat in Dumfries. Act concerning the Declaration. Act containing exceptions from the Act of Indemnity, for Fines. Act anent the Children and Posterity of forfeited Persons. Act in favours of the Countess of Branfurd and Lady Forrester. Act in favours of the Lord Mackdonald. Act in favours of Lamont. Act freeing Bishops Vassals from the charge of Commissioners to the Parliament. Commission for rectifying the Valuations of Aberdeen Shire. Recommendation in favours of John Mein. Decreet Dunolich against Campbel. Suspension of public Debts, with References in favours of the Lord Burghly and Lord Carden. Ratification in favours of the Archbishop of St. Andrews. Ratification in favours of the Bishop of Edinburgh. Ratification in favours of the Bishop of Galloway. Ratification in favours of the Bishop of Brichen. Ratification in favours of the Bishop of Argyl. Ratification in favours of the Earl of Craufurd and Lindsay. Two Ratifications in favours of the Duke of Lenox. Two Ratifications in favours of the Earl of Athol. Ratification in favours of the Earl of Tullibarden. Ratification to Sir John Gilmor of his Lands of Craiglockhart. Ratification to the Laird of Morphie. Ratification to the Laird of Allardice. Ratification to the Laird of Glenorchie. Two Ratifications to the Laird of Cromarty. Ratification to John Beaton. Ratification to the Burgh of Linlithgow. Ratification to Sir John Strachan. Ratification to Paul Symer. Ratification to the Earl of Annandail. Ratification to the Earl of Newburgh. Ratification to Sir Robert Inns of Muretoun. THIRD SESSION. ACt concerning the constitution and election of the Lords of the Articles. Warrants for personal Protections against Captions, for some time, to the Lord Sinclar and others. Commission for trying of the contrivance and carrying on of the Act of Billeting. Decreet and Sentence of forfeiture against Archibald Johnstoun, some time of Waristoun. Act ratifying the Remission granted to George Campbel. Act for annexing some Kirks to the Deanery of St. Andrews. Record of the production of the Duke of Monmouth's Patent to be Duke of Buccleuch. Act allowing to the Ministers who served before and in the year, one thousand six hundred and sixty two, the half of the Stipend due for that year. Ratification in favours of Sir Peter Wedderburn. Act rescinding a former Act passed in the last Session of Parliament, annent some Fees acclaimed as due to the Lions Office. Act concerning the matter of Billeting, and a Letter directed to His Majesty thereupon. Act for repairing the Highways at the Town of Prestoun. Warrant for three Fairs to the Town of Newburgh. Act concerning the pardoning and restoring the Children of forfeited persons. Angus and Donald Mackclauds declared Fugitives. An Imposition for repairing and upholding a Bridge in Clidsdail. Warrant for changing the Fair-day of the Town of Clackmannan. Reference to His Majesty concerning the Process against Assint. Act concerning the Imposition laid on English Commodities. Act past in favours of Printers, Stationers, Silk weavers, etc. Act for changing of the name of Souter, of late used by some of name of Johnstoun. Act for an Imposition for repairing the Highway betwixt Corstorphin and the Cow-bridge. Warrant for changing the Fair-day of the Town of Nairn. Commission concerning the Annualrents due by persons forfeited by the Usurpers. Act Rescinding, Annulling, and for Razing out of the Records, two Acts passed in the second Session of this Parliament; one for excepting persons from public Trust, and the other for the manner of voting it by Billets. Act in favours of Doctor Colvil. Act concerning the riding of the Parliament, and the Penalties of such as shall be absent from it. Decreet betwixt Sir Arthur Forbess and the Lord Cochran. Act in favours of Mr. John Wilkie. Act anent the vacand Stipends in Argyl and Isles. Act for repairing the Bridge of Tullibody. Act for the disposal of some vacand Stipends. Act for the Bridge of Dalkeith. Act for upholding the Bridge of Kippon, and for two Fairs at the Kirk of Kippon. Act for changing the weekly Mercat of Pettenweym. Act in favours of John Halybrunton, concerning his Writes. Act appointing the Fines to be paid in to any person His Majesty shall appoint. Act in favours of the Captain of Dunstaffnage and others. Two Fairs yearly to be kept in the Barony of Preston. The Fairs ganted to the Town of Whitehorn changed in the days and diets thereof. Decreet the Earl of Roxburgb contra Sir John Weymes. Act for two Fairs and a weekly Mercat in Stanehyve. Act concerning the making of Cairds. Recommendation in favours of the Marquis of Montrose. Warrant for two Fairs and weekly Mercat to the Laird of Drum. Warrant for paying of some debt due by the Shire of Dumfries. An Act and Ratification of the Contract of Marriage betwixt the Duke and Duchess of Buccleuch, and Warrant for registrating the Contract. Act concerning the Stipend of the Ministers of the Cannongate. Remit the Duke of Hamiltoun contra Lady Forrester. Warrant for two Fairs, and for changing the Market-day of the Barony of Skirling. Warrant for a yearly Fair on the Brae of Athol. Act for a Fair and weekly Mercat on the Lands of Kinudy. Act concerning Broomhalls Writes. Act for an Imposition, for repairing and keeping up the Bridges of Sauchtonhall and Clegorn. Remit to the Session concerning the eighty thousand marks claimed from the Burroughs. Lamonts Process against George Campbel remitted to the Session. Recommendation in favours of some suffering persons. Commission for ordering the prices of Offices, Writes and Seals. Act suspending execution for public Debts until the next Parliament. Act concerning the Zetland Company of White-fishing, remitted to the Council. Act for a yearly Fair in Paisla. Act for a yearly Fair in the Barony of Caskibon. Remit to the Council anent the Act for Trade. Warrant for changing a Way near Ledintoun. Act for renewing the Justices of Peace. Ratification in favours of Sir Andrew Aiton. Ratification in favours of the Lords of the Session. Ratification in favours of David Souter. Ratification in favours of Mr. Alexander Foulis of Ratho. Ratification in favours of the Bishop of Aberdeen. Ratification in favours of Sir Robert Sinclar of Steinstoun. Ratification in favours of Mr. Robert Sinclar of Longformacur. Ratification in favours of Thomas Hamiltoun of Bathgate. Ratification in favours of William Prestoun of Valifield. Ratification in favours of Mr. Robert Prestoun of that ilk. Ratification in favours of Michael Balfour of Pitmedden. Ratification in favours of James Campbel and his Son. Ratification in favours of John Malcolm. Ratification of a mortification in Perth. Ratification in favours of George Home of Kames. Ratification in favours of the Earls of Craufurd and Lauderdaile, the Lord Parbroth, the Lairds of Hatton and Ardross, Colonel Lesly and James Scot, of their Gifts of Mines and Minerals. Ratification in favours of James Dickson. Ratification in favours of the Burgh of Whitehorn. Ratification in favours of Sir John and Mr. Alexander Gibson. Ratification in favours of the Earl of Rothes. Ratification in favours of the Earl of Dumfermline. Ratification in favours of Sir John Home of Rentoun, Lord Justice Clerk, and Protestation for Sir Alexander Home and Wedderburne against it. Ratification in favours of Charles Maitland of Haltoun. Ratification in favours of William Scot of Ardross. Rat. to the Town of Edinburgh of their right to the Citadel. Ratification in favours of Captain Lockhart. FINIS.