Woodcut ornamental head-piece featuring the royal blazon or coat of arms of King James I, surrounded by curling foliage, cornucopia, snails, rabbits, horses and fauns. THE XXIII PARLIAMENT OF OUR MOST HIGH AND DREAD sovereign JAMES BY THE GRACE OF GOD, KING OF SCOTLAND, ENGLAND, FRANCE, and IRELAND: Defender of the Faith; &c. Halden at Edinburgh, the 4. day of August 1621. by the Noble and Potent Lord JAMES Marquis of Hamilton, earl of Arrane, and Cambridge; Lord Aven, and Innerdail, &c.: Commissioner appointed for halding of the said Parliament, by virtue of his MAJESTIES Commission granted to him under the great seal of this kingdom: with the special advice, consent and assent of the ESTATES of this realm. Extracted forth of the Registers and the books of the Acts of Parliament of this kingdom of SCOTLAND, By SIR GEORGE HAY, of KINFAWNS, Knight: clerk of his majesties counsel, Register, and rolls. Woodcut printer's device of a crown (not in McKerrow). edinburgh, Printed by THOMAS FINLASON, His majesties Printer, 1621. decorative border jacobus REX. BEATI PACIFICI Woodcut portrait of King James I of England and IV of Scotland; he is crowned, and has an ermine mantle, sceptre and the emblems of England (a rose) and Scotland (a thistle); above a fiery cloud; below, the royal blazon or coat of arms. THE PRINTED ACTS AND laws past in the XXIII. Parliament, in what leaf, and page. the same are to be found. 1 A Ratification of the five Articles of the general assembly of the kirk, halden at Perth in the month of August 1618. Fol. 1 2 Anent the Taxation granted to his majesty, of xxx. shillings Tearmlie, vpon the pound Land: and the twenty penny of all annuell-rents. fol. 2. pag. 2. 3 Anent the Collecting and in-bringing of the Taxation, and a relief to Prelates. fol. 5. pag. 2. 4 one Act of Ratification in favour of the PRINCE his Highnesse. fol. 9. pag. 2. 5 Anent the plantation of Kirkes, as yet unplanted. fol. 10. 6 Act anent comprysings. fol. 14. 7 Anent Adjudications. fol. 15. 8 Anent the Extractes of Infeftments, past vpon Comprysinges, forth of the privy seal: where the same are not registrate at the Great seal. fol. 15. pag. 2. 9 Anent giving of Licence to Bishops, to set their Ward lands in Fiew Ferme. fol. 16. 10 Act declaring sums grass, given to the Ministers for their Gleibes to be Teynd-free. fol. 16. pag. 2. 11 Ratification and Addition to the Act of Parliament made anent Restitution of Chaptours. fol. 17. 12 Anent Packing and Peyling. fol. 17. 13 Anent the discharging of Protections. ibidem. 14 Anent playing at cards and dice, and Horse-Races. ibidem. 15 Act, declaring all tacks set for longer space then three yeares, without consent of the Patron, being persons under the degree of Prelates, since 1594. to be Null. fol. 18. 16 Anent Mettes and Measures. ibidem. 17 Anent the discharging of a peck to the Bow. ibidem. 18 A Ratification of the Act of the Lords of counsel and Session, made in July 1620. against unlawful Dispositions, and Alienations, made by Dyvours and Bankrupts. fol. 19. 19 Ratification of the Act of counsel, anent the prices of Writtes, seals, &c. made 1606. fol. 20. 20 Act, ordaining annuell-rent to bee due after Horning. fol. 27. 21 Anent servantes going louse, and leaving their Masters service. Fol. 28. 22 Anent counterfeitting and making of false writtes. ibidem. 23 A general pardon for deeds done against penal statutes( some few excepted.) and a discharge of james Cranston his commission. ibid. 24 Anent Evidentes past the great seal, which are not Registrated. Fol. 29. 25 Anent banqueting, and apparel. ibidem. 26 Anent Thaicking of Houses in Edinburgh, with Sklaite and Skayllie. fol. 30. 27 Anent comprising, from apparent Heires, extended as well unto mens own Debts, as their predecessors. fol. 31 28 Anent taking of annuell-reut before hand. ibidem. 29 Ratification of the Act of secret counsel, against Backsters, Browsters, Fleshers, and Candle-makers of Edinburgh. ibidem. 30 Act restraining the buying and selling of certain wild Fowles. fol. 32. 31 Anent Hunting, and Haulking. fol. 33. 32 Anent the harrying of Haulke nests: and, Hunting in snow. ibidem. 33 ACT SALVO JURE CUJUSLIBET. ibid. With a Table of the particular acts not Imprinted. Woodcut ornamental tail-piece. Woodcut ornamental head-piece featuring the royal blazon or coat of arms of King James I, surrounded by curling foliage, cornucopia, snails, rabbits, horses and fauns. THE XXIII PARLIAMENT OF OUR MOST HIGH AND DREAD sovereign JAMES BY THE GRACE OF GOD, KING OF SCOTLAND, ENGLAND, FRANCE, and IRELAND: Defender of the Faith; &c. Halden at Edinburgh, the 4. day of August 1621. by the Noble and Potent Lord JAMES Marquis of Hamilton, earl of Arrane, and Cambridge; Lord Aven, and Innerdail, &c.: Commissioner appointed for halding of the said Parliament, by virtue of his MAJESTIES Commission granted to him under the great seal of this kingdom: with the special advice, consent and assent of the ESTATES of this realm. ACT. I. A Ratification of the five Articles of the general Assembly of the kirk, halden at Perth in the month of August 1618. Woodcut illustration of a crown. OUR SOVRAINE LORD, With advyse and consent of the ESTATES of Parliament presently convened, ratifies and approves the Acts of the general Assembly of the Kirk, halden at Perth, the XXV. day of August the year of GOD Jai Vic and eighteen, and concluded the twenty seventh of the same month, Sessione secunda, Whereof the tenor followeth. I. SINCE We are commanded by GOD himself, that when wee come to worship him, wee fall down and kneel before the LORD our Maker; and considering withall, that there is no part of Divine worship more heavenly and spiritual, then is the holy receiving of the blessed body and blood of our LORD and Saviour JESUS CHRIST: like as the most humble and reverend gesture of the body in our meditation and lifting up of our hearts, best becometh so divine and sacred an Action. Therefore notwithstanding that our KIRK hath used since the reformation of Religion, to celebrate the holy Communion to the people sitting, by reason of the great abuse of kneeling used in the Idolatrous worship of the Sacrament by the Papists: Yet now, seeing all memory of bypassed superstition is past. In reverence of GOD, and in due regaird of so Divine a mystery, and in remembrance of so mystical one Union, as wee are made partakers of; The Assembly thinketh good, that, that blessed Sacrament be celebrated hereafter meeklie and reverently vpon their Knees. II. ITEM, if any good Christian visited with long sickness, and known to the Pastor; by reason of his present infirmity, unable to resort to the kirk, for receiving of the holy Communion, or being sick, shall declare to the Pastor vpon his conscience, that he thinks his sickness to be deadly, and shall earnestly desire to receive the same in his house: The Minister shall not deny to him so great a comfort, lawful warning being given to him vpon the right before, and that there bee three or four of good Religion and conversation, free of lawful impediments, present with the sick person to communicate with him, who must also provide a convenient place in his house; and all things necessary for the reverend administration thereof, according to the order prescrived in the kirk. III. ITEM, the Minister shall often admonish the people, that they differre not the baptizing of Infants, any longer then the next lords day after the child bee born, unless vpon a great and reasonable cause declared to the Minister, and by him approved. As also they shall warn them, that without great cause they procure not their children to be baptized at home in their houses, but when great need shall compel them to baptize in private houses( in which case, the Minister shall not refuse to do it, vpon the knowledge of the great need; and being timely required thereto) then baptism shall bee administered after the same form as it should haue been in the Congregatioun. And the Minister shall, the next lords day after any such private baptism, declare in the kirk; that the Infant was so baptized, and therfore ought to be received as one of the true flock of CHRISTS fold. IV. ITEM, forasmuch as one of the most special means for staying the increase of popery, and settling of true Religion in the harts of the People, is; That a special care bee taken in try all of young children their education, and how they are catechised: Which in time of the primitive KIRK was most carefully attended, as being most profitable to cause young children in their tender yeares, drink in the knowledge of GOD, and his Religion, but is now altogether neglected in respect of great abuse and errors which crept into the Popish kirk; by making thereof a Sacrament of Confirmation: Therefore that all superstitions built thereupon may bee rescinded, And that the matter itself being most necessary for the education of the youth, may be reduced to the primitive integrity. IT is thought good that the Minister in every parish shall catcchize all young chilldren of eight yeares of age, and see that they haue the knowledge, and bee able to make rehearsal of the Lords Prayer, Belief, and ten Commandements, with answers to the questions of the small catechism used in our kirk: And that every Bishop in his visitation shall censure the Minister who shall bee found remiss therein; And the said Bishops shall cause the said children to be presented before them, and bless them with prayer for the increase of their knowledge: and continuance of Gods heavenly graces with every one of them. V. ITEM, as Wee abhor the superstitious observation of festival dayes by the Papists, and detest all licentious and profane abuse thereof, by the common sort of Professors; So we think, that the inestimable benefits received from God, by our Lord JESUS CHRIST his Birth, Passion, Resurrection, Ascension, and sending down of the Holy Ghost, was commmendably and godly remembered, at certain particular dayes and times by the whole kirk of the world; and may bee also now. Therefore the Assembly ordains, that every Minister shall vpon these dayes haue the commemoration of the foresaid inestimable benefits, and make choice of several and pertinent Texts of Scripture, and frame their Doctrine and Exhortations thereto; and rebuk all superstitious observation, and licentious profanation thereof. Which Articles and Ordinances, OUR sovereign LORD with the advyse and consent of the ESTATES, Statutes and Ordeines to bee obeied and observed by all his majesties subjects as laws in time coming; Anulling and rescinding whatsomever other Acts of Parliament, Constitutions and customs; In so far as they are derogatiue to any of the Articles abouewritten. ACT. II. Anent the Taxation granted to his majesty of Threttie shillings termly, vpon the pound Land, and the twenty penny of all Annuel-rents. IN the PARLIAMENT bolden at Edinburgh, the fourth day of August, the year of God 1621. the ESTATES of parliament presently convened, considering the infinite expenses and great burden which the Kings most sacred majesty their dread Lord and sovereign, hath been constrained by the straightest bonds of religion to undergo of late, and in all likelihood shall lie under a long time; By procuring by Treatise or arms, ease and liberty to those who suffer for the gospel of Christ Jesus professed in this land: and therewithal calling to mind the long peace floorishing with Religion and Justice, which they haue enjoyed these many yeares past; and do yet still enjoy in this universal combustion of the Christian world, and that by the wise; just and happy government of his sacred majesty: and that they haue nothing to bee returned to so great a King for so exceeding great and rare benefits, but hearty and zealous affections ceeding to no Nation and ever ready with their goods, lands, and lives, to maintain true Religion, his majesties royal person and posterity, their Honours and Crownes. Therefore in most humble manner, The said whole Estates of this realm do earnestly beseeke his most sacred majesty graciously to accept their offer of one Taxation to bee imposed, collected, and payed to his Highnesse, by the said Estates in manner and at the four terms following: That is to say, The earls, Lords, and Commissioners of shires, for the temporal Estate, haue granted, That there shall be vp-lifted of every pound Land of old extent, within this realm, pertaining to earls, Lords, Barons, Free-holders, and Fewars of his majesties proper Lands, the sum of thirty shillings money at every one of the four terms following,( viz.) The sum of XXX. shillings at the Feast and term of Candlemes next to come, in the year of GOD 1622. The sum of other XXX. shillings at the Feast and term of Martinmes, in the year of GOD 1622. The sum of the XXX. shillings at the Feast and term of Martinmes in the year of GOD 1623. And the sum of other XXX shillings at the Feast and term of Martinmes in the year of GOD 1624. The Arch-bishops, and Bishops for the spiritual Estate, haue granted that there shall bee vp-lifted of all archbishoprics, bishoprics, Abbacies, Priories, and other inferior benefice within this realm, at every one of the four terms above specified, the just Taxation thereof, as they haue been accustomend to be taxed unto at all time by-gone, whensoever the temporal lands of this realm were stented to thirty Shillings of old extent: and the same Taxation to be payed at every one of the four several terms above specified. And the Commissioners of barrows for their ESTATE, haue granted, that there shall bee vp-lifted of all burrows within this realm, at every one of the four terms above written, the just Taxation thereof, as they haue been accustomend to be taxed in all time by-gone, whensoever the temporal lands within this realm were stented to thirty shillings the pound land of old extent. And the said Taxation to bee payed at every one of the four several terms aboue-written. And in regard that his majesty hath erected sundry Prelacies in temporal Lordships, whereby the owners thereof may claim to be taxed with the Barons of the temporal Estate, and there-throw his Highnesse would be defrauded of a great part of the same Taxation. THEREFORE IT IS Statute and Ordained, that all Erections of Prelacies and other small benefice, in whole or in part, in temporal Lordships, shall in payment of the said taxation, pay to the Collectors thereof so mickle of the same Taxation[ pro rata] as if they were no wise erected, and as they were subject to do before the erection of the same. And sicklike, IT IS Statute and Ordained, That all dissolved benefice within this realm, in whole or in part, shall bee subject in payment of so mickle of the same Taxation[ prorata] as they would haue been subject to pay so the same had not been dissolved, and that the parties who haue gotten any part or portion of any Prelacies, or other inferior benefice dissolved, and new securities made unto them by his majesty, of that part and portion thereof so dissolved, shall be subject to the payment of the Taxation thereof to the Prelate, or other beneficed person, for his relief of the same Taxation, as they would haue been, so the same had not been dissolved: Notwithstanding of any condition contained in the infeftments and securities made by his majesty to them in the contrary hereof. AND FOR DER, the said Estates Annulles and discharges all privileges and Immunities whatsoever, whereby any persons may think themselves free of payment of this present Taxation( the privileges granted to the Ordinar Senators of the college of Iustice, and the Taxation of the benefice given, disponed, and mortified for the entertainment of the universities and colleges within this kingdom onely excepted.) AS ALSO the said Estates considering that besides the ordinary charges which his majesty doth daily undergo for the maintenance of the Honor, Estate and dignity of his Highnes kingdoms. The extraordinary burdings which now lie vpon his majesty by the occasions before-written, are so great, and do so near concern every loyal and true hearted Subject of this kingdom, as members of that body whereof his majesty is the head: that in duty they think themselves bound to bear a part of that burden,& to relieve his majesty thereof. Therefore besides the Ordinar Taxation aboue-written, THE said Estates haue for the space of four yeares next and immediately following the term of Martinmesse next to come, Voluntarly and freely granted to his majesty a yearly extra-ordinar Taxation of the twenty penny of all Annuell-rentes, which any person or persons within this kingdom haue freely due and payable to them yearly or termly[ their own Annuell-rent wherein they are indebted to others, being first deduced] The first terms payment whereof shall bee and begin at the said Feast and term of Martinmesse next to come, and so forth yearly and termly at whitsunday and Martinmesse, while the said four yeares, and the Eight terms payment thereof be fully and completely out-run. AND for the better trial of every man his Annuel-rent which he hath yearly or termly due to him: IT IS ordained, That this Act shal be published at the Marker-crosse of the Burgh of Edinburgh, and of the whole head burrows of the Shyreffdomes, Stewardries, Bailyeries, and Regalities, within this kingdom, whereby all his majesties Lieges may haue true notice thereof, And therewithal the said Estates wills, Ordeines and Commands, all his majesties Lieges that haue any Annuell-rent payed to them, That they compear within the said head Burgh of the Shirefdome, Stewardrie, Bailyrie, or regality, or the head Burgh in any of these Jurisdictions where the head Courts are halden, and where the said Annuell-renters dwell, or haue their ordinat residence, in any court day in one of the last weekes immediately preceiding whitsunday or Martinmesse. At which time the sheriffs, Stewards, bailies, and bailies of Regalities, and Provest and bailies of burrows; who are heritable sheriffs within themselves, within the bounds of their Jurisdictions: shall bee oblished to hold courts weekly to the effect afterspecified. And the Lieges resorting to the said Courts, shall give up Inventors to the Clerk thereof, of the whole sums of money for which Annuel is due to them yearly and termly, the names of the Debters: As also the whole sums of money for the which they are subject in payment of annuell-rent to others, with the Names of their Creditors to whom the same is due, whether the same annual rent bee in victual or Silver, The annuell-rent of victual to be estimate according to the Stock of money for the which it is paid at Ten for ilk hundreth thereof, And shall cause the parties up givers of the said Inventors, every party subscriue his own Inventor himself if he can writ, and if he cannot writ, the clerk of the said Court shall subscriue the said Inventor in face of Court, before the members thereof. And also the Shirefe, Steward, Bailye, Bailye of regality, Provest and bailies of burrows, who are heritable Shirefs within themselves, within the bounds of their Jurisdictions: And Clerkes themselves shall make and give up an Inventor of the debts owing unto themselves, and by themselves, as said is. IT IS always provided, that if any person, impeaded by reason of sickness, or distracted by some other just occasion, shall not bee present himself, to give up the said Inventor, It shall bee lawful for him to cause any honest responsible man, within the jurisdiction where he dwelleth, compear, and give up his Inventor: Providing the same bee subscribed by himself, or a Notar at his command, which the In-giver shall declare to bee a true deed, and abide at the same, on the like hazard and danger as the principal party should vnder-lye: which shall bee as sufficient as if the Inventor had been personally given up by the principal party himself. And an Inventor being once made, and given up, shall still stand, and bee a ground to charge any person, during the time of the four yeares of the said Taxation, unless the party change, or otherways employ his sums: And then he shall give up a new Inventor, which shall bee a new ground of a charge, and the former shall cease. And the said clerk shall make a Record in his Register of the saydes whole Inventors: which Inventors being so recorded, shall be extracted by the said clerk, and subscribed with his hand, and three Extractes made of the same: one to bee given to the party, if he require the same: another to bee sent, by the said clerk, to the Collector of the same Taxation: and the third, to bee likewise sent, by the said clerk, to the clerk of his MAJESTIES REGISTER, to bee still keeped amongst the records of His Highnes exchequer: to the effect it may bee known how far every party is liable in the payment of the said extraordinerie Taxation, For the which Extract, and Note made in register, the said clerk shall haue of every person, vp-giver of an Inventhe, the sum of four shillings Scots money. And if by sloth, or malice, the clerk shall happen to delay, or shift the Lieges resorting to the said courts to the effect aforesaid,( Complaint being made thereof to the lords of His majesties Secret counsel) the said Clerkes shall be punished accordingly, at the discretion of the said Lords. And at any Court day, preceding any term, it shall be lawful for any person to compeare, and offer to give up his Inventor, which the Clerk and judge shall be astricted to receive. FURTHER, For the better observation of the said Statute, It is declared, That whosoever receiveth, retaineth, or conditioneth to receive any Annuell-rent, and concealeth the same, or any part thereof: or in giving up of his Inventor of debts, and Annuels owing by him unto his just Creditors, giveth up more then he is justly addebted into, Whosoever first discovereth, and revealeth either the annual concealed, or annual which is more then the vp-givers just debt, shall for his reward haue the half of that terms concealed annual, and as much as the half of that annual which shall bee discovered to haue been unjustly given up. And in case it shall happen any person whatsoever, by virtue of his vp-given Inventor, to be charged for payment of his Taxation, and at the time of his charge to declare in presence of a judge, by his great Oath solemnedly sworn, that his Debtor is a Banke-rupt, whereby he is disabled to make payment of his Taxation, and is contented that the Kings majesty shall haue the whole Annuellrent addebted unto him by his banke-rupt debtor of that term: His said declaration shall be a sufficient Liberation to him of the same. And for eschewing of malicious Dilatours of those who haue omitted or concealed their sums, IT IS ordained, That whensoever any person shall accuse or dilate another of concealing or omitting of sums the time of making his Inventor, he shall condescend vpon some probable cause of his dilation, and shall find caution[ de judicato solvi] in case he fail in proving that which he dilateth: And there shall not such actions of dilations bee lawful against dead persons, their Heires, nor Exequutors: Neither shall it bee lawful, after year and day, after the expiring of the said Taxation, to intend any such action. And in case any person purchase wed-sette of Lands, and set the same back again in tack unto him who wed-set the same unto him, The Tacks-man, possessor of the lands, shall pay for the stint of the lands, and the haver of the wed-set shall pay for the Annuell-rent of his money which he hath on the Land, as if the same were employed for Annuell-rent. AT tower, IT shall not bee lawful, by no manner of way, for any creditor to get relief of his Debtor, of this Taxation which is imposed vpon Annuell-rents by this Statute, under the pains contained in the acts of Parliament made against Usurers. And concerning Minors, IT IS declared, That their Minorities shall no ways privilege them: But their Tutors and Curators shall give up the Inventors of their Annuell-rents in their names: which if the said Tutors and Curators fail to do, the said Minores shall incur the like danger as others, and at their perfect age shall haue action of relief against their said Tutors and Curators for that cause. And in case any person depart our of this kingdom, after the publication of this present Act, the same shall no ways excuse him from giving up of an Inventor of his Annuellrentes, and payment of the said Taxation, and vnder-lying of the danger contained in this present Act. But those who are presently forth of this realm, and shall not return before the term of Martinmesse next, they shall not come under the danger of this Act, until the term of whitsunday next: Providing that at that term they give up their Inventor, and pay their Taxation, as if they had been present within this realm before the foresaid term of Martinmesse next. And for the vp-lifting of the foresaid Taxation, granted vpon Annuellrentes, And to the effect his majesties general Collector thereof may know now whom to crave and charge for the same, IT IS Statuted and Ordained, That within every Shyreffdome, Stewardrie. Bayllyrie, and regality, where the Offices of sheriffs, stewards, and Bayllies are heritable: and the Provests and Bayllies of burrows, who are heritable Sheryffes within themselves: These heritable Officiers, and their Deputies, for whom they shall bee holden to answer, Shall collect the said Taxation, and make payment thereof to his majesties Collector general of the foresaid Taxations. And where these Offices are not heritable, but changeable, The Clerkes within the said jurisdictions having their offices,[ advitam] shall bee Collectors thereof. And in case the said Clerkes haue not already found sufficient Caution for discharging of their duties in their Offices, they shall bee holden before they haue any intromission with the same Taxation, to find sufficient Caution for that effect. And where there are no heritable Officers, nor Clerkes, having their Offices[ advitam] the said Collector general of His majesties Taxations( and his Deputies in his name, sufficiently authorised by him: and for whom he shall bee holden to answer, and whose Natues he shall cause publish at the Market cross of the head Burgh of that jurisdiction where there is no heritable Officer nor clerk[ advitam] that his majesties Lieges may know unto whom they shall make payment) shall collect and up lift the same Taxation. Which payment being made, the receiver thereof shall bee oblished to deliver unto the payer thereof an Acquittance upon the receipt of the same[ gratis] without payment of any money for the same. IT IS likewise provided, That the Fees of the Collectors, and receivers of the same Taxation of annuell-rentes, shall bee, like as hereby they are remitted to the discretion and arbitrament of the lords of his Majesties privy counsel, to bee set down, and agreed upon by them. And the said ESTATES hereby discern and declare, That all Burgesses and Free-men within Burghes, albeit they bee taxed in the ordinary Taxation abouewritten, with their Neighbours, conform to the order prescribed for collecting of the burrows parte of the said ordinary Taxation; Yet the same shall no ways liberate, nor free them from payment of their parts of this extraordinary Taxation also, according to the proportion of the twenty penny of their annuell-rentes: but they shall be liable in payment thereof, as others his Majesties Lieges are. AT tower, The said ESTATES annul and discharge all privileges and immunities whatsoever, whereby any persons may think themselves free of payment of any parte of this present extraordinary Taxation: The privileges and Immunities granted to the ordinary Lords of Session, with the annuell-rentes due to be payed to colleges, schools, and hospitals, or mortified for sustentation and up-holding of Kirkes and Bridges, with the annuell-rentes which may bee claimed of poor people, whose stock exceedeth not the sum of five hundreth marks onely excepted. AND the said ESTATES discern and ordain the extraordinary lords of the Session, togother with the whole Advocates, Clerks of the Session, Writers to the Signet, privy and Great seals, and other members of the college of Justice, to contribute to the said Taxations, such like as if they were not exemed: And that of their own consentes, and conform to their voluntary offer made by them to his majesty, and the said Estates, upon this special provision, That their said voluntary offer shall not prejudge nor impair their liberties, privileges, and immunities in any time coming. Which offer the said Estates accepted, and accept: And will, and declare, That their said Offer shall no ways derogate to their privileges and immunities: But thet their said privileges and immunities shall bee kept, and observed unto them and their successors in all times coming, unprejudged by the said Offer. ACT. III. Anent the Collecting and in-bringing of the Taxation, and relief to Prelates. FOR AS MUCH as the ESTATES of this present Parliament, upon good and weighty considerations, which moved them, haue freely and voluntarily offered and granted to the kings most Excellent majesty, OUR sovereign LORD, for supplying of a part of the great Charges and Expenses which His majesty hath been constrained, even by the strayrest bands of Religion to undergo of late, and by all likelihood shall lie under a long time, by procuring by treaty, or arms, ease and liberty to those who suffer for the gospel of JESUS CHRIST, professed in this Land, A Taxation to bee payed, collected, and up-lifted, in manner, and at the four terms following: That is to say, For the barons and Free-holders partes of the same Taxation, thirty shillings Scots money, to be up-lifted of every pound land of old Extent within this realm: pertaining to earls, lords, barons, Free-holders, and Fewares, of our sovereign lords proper lands, holden by them immediately of His majesty, and payed by them at every one of the four several terms following: THAT IS TO SAY, The sum of Thirrie shillings money, at the Feast and term of Candlemesse next to come, in the year of GOD, one thousand, six hundreth, twenty and two yeares. The sum of other thirty shillings money at the Feast and Tearne of Martinmesse, in the year of GOD 1622. yeares. The sum of other thirty shillings money, at the Feast and term of Martinmesse, in the year of our GOD 1623 yeares. And the sum of other thirty shillings, money aforesaid, at the Feast and term of Martinmesse, in the year of GOD 1624. yeares. And for the spiritual men, and the burrows partes of the same Taxation, That there shall be up-lifeed of every archbishopric, bishopric, abbacy, priory, and other inferior bnfice: and of every free Burgh within this realm, at every one of the said four terms of payment, the just Taxation thereof, and as they haue been accustomend to bee taxed unto in all times by-gone, whensoever the temporal lands within this realm were stented to thirty shillings money the pound land of old extent: And the famed Taxation to bee payed at every one of the four several terms aboue-written. AND for In-bringing of the spiritual mens parts of the same Taxation, ordains letters to bee directed, charging all and sundry Archbishops, Bishops, Abbots, Priors, as likewise all Noblemen, and others, in whose favour the Erection of any prelacy, or other inferior bnfice, or any part or portion thereof, bee it in lands, Kirkes, or Teynds, or in whose favour the patronage of any bnfice, Kirkes, or Teyndes, is past, and all other beneficed persons contained in the Text rolls, their Chalmerlains, factors and intromettours with their Rents and living to make payment of that sum that they and every one of them are taxed unto for everyone of the said four terms payment to the Collector general to bee appoynted by His majesty, for receiving of the said whole Taxation, or to his Deputies, and Officiares in his name, having his power to receive the same at the particular terms aboue-written, under the pain of rebellion, and putting of them to the horn. And if they fail therein at the by-passing of every one of the said terms, to denounce the Disobeyers Rebelles, and put them to the horn: and to escheat, &c. And that the Prelates, and beneficed persons, and such Noble-men, and others, in whose favours the Erections and Patronages aboue-written, are past for their relief, haue Letters, charging their vassals, Sub vassals, Ladies of Terce, Conjunct-feears, Life renters, Fewardes, Tackes-men, and Pensioners, to make payment of their partes of the said Taxation, each one of them[ pro rata] according to the sum that they shall be taxed unto: To the said Prelates, and other beneficed persons, and to the said Noble-men, and others, having power to receive the same, within twenty dayes next after the charge, under the pain of rebellion, &c. And if they fail, to denounce, and escheat, &c. And to poynd and distrain therefore, as they shall think most expedient: Providing always, That the first terms payment of the said Taxation bee ever past, before the next terms payment be charged for. always declaring, that the production of sufficient Horninges against the said vassals, Fewars, Tackes-men, and Pensioners, shall bee a relief to the said Prelates, lords of Erections, and beneficed persons: And shall exoner them,[ pro tanto] from payment of the said taxation: providing that the same Horninges, with their Taxed rolls, autentickly made, and subscribed by the said Prelates lords of Erections, and beneficed persons, and by their Fewars, vassals, Tackesmen, and Pensioners, in manner hereafter prescribed, containing the particular sum which each one of them are taxed unto, bee delivered to the Collector of the same taxation, within the space of threescore dayes after every term: otherways he shall be no ways oblished to receive the same. neither shall the Prelate, Lord of Erection, and beneficed person, be exonered, by production of the same, at any time thereafter. AND FURTHER, That the said Prelates, and such Noble-men, and others, in whose favours the Erections and patronages aboue-written, are past, and all other beneficed persons, may haue their relief of their said Vassals, Sub-vassals, Ladies of Terce, Conjunct-feears, Life-renters, Fewars, Tackes-men, and Pensioners, to the greater ease, and less trouble of their said vassals, and others forelayd. AND, to the effect that every one proportionally may pay his part of the said taxation, according to the quantity and avail of the free rent which he hath of his Beneficie, lands, Pension, Kirkes, and Teynd sheaves pertaining to him, as well the Prelate, Lord of Erection, Patron, and other beneficed persons, themselves, as the Fewar, Tackes-man, and pensioner. IT IS thought expedient, statute, and ordained, That the said Prelates, and others above rehearsed, every one of them severally shall conveane his whole Fewars, vassals, Tackesmen, and Pensioners, at the particular places hereafter designed: THEY ARE TO SAY, The Archbishop of SAINCT-ANDREWES, at the city of Sainct-Andrewes: The Archbishop of Glasgow, at the city of Glasgow: The Bishop of Orknay, at the town of Kirkewall: The Bishop of Caitnes, at the town of Durnoch: The Bishop of Ross, at the town of Chaunrie of Ross: The Bishop of Murray, at the town of Elgin: The Bishop of Aberdeen, at the Burgh of Aberdeen: The Bishop of Brechin, at the Burgh of Brechin: The Bishop of Dunkeld, at the town of Dunkeld: The Bishop of Dumblane, at the town of Dumblane: The Bishop of gallovvay, at the town of Wigton: The Bishop of Argyle, at the Burgh of Inneraray: The Bishop of the Yles, at the Burgh of Rothsay in Bute: The Abbot of Icolmekill, at the Burgh of innerness: The Prior of Ardchattane, at the Burgh of Inneraray: The Abbot of fern, at the Burgh of Thayne: The Lord of Bewlie, at the Burgh of innerness: The Lord of Kinlosse, at the Burgh of Forres: The Prior of Pluscarden, at the Burgh of Elgin: The Lord of Deir, at the town of Peterhead: The Prior of Fyvie, at the town of Turreff: The Prior of Monymuske, at the town of Monymuske: the Lord of Arbroith, at the Burgh of Arbroith: the Lord of Scone, at the Burgh of Pearth: The Lord of Cowper, at the town of Cowper, in Angus: The Prior of Restenneth, at the Burgh of Forfar: the Collector of the Taxation, in place of the Prior of Charter house, the seat now vacand, at the burgh of Pearth: the Prior of Elcho, at the same burgh of Pearth: the Prior of Straphillane, at the burgh of Inneraray: the Lord of Inchaffray, at the burgh of Pearth: the Prior of Inchmahomo, at the burgh of Sterling: the Prior of Sainct-Androis, at the city of Sainct-Androis: the Baylie of the regality of Dumfermling, at the burgh of Dumfermling: the Lord of Balmerinoch, at the burgh of Cowper in Fyfe: The Lord of Lindores, at the burgh of Cowper in Fyfe: The masters of saint Leonards college, in saint Androis, for the Prior of Portmooke, at the burgh of Cowper in Fyfe: The Prior of Pettin-weyme at the burgh of Pettin-weyme: the Lord of Saint-Colmbe, at the burgh of Innerkething: the Lord of Culros, at the burgh of Culros: the Abbot of Cambuskynneth, at the burgh of Sterling: the Lord of Torphichin, at the burgh of Linlithgow: the Prior of manuel, at the burgh of Linlithgow: the Lord of Holy-Rud house, at the burgh of Edinburgh, the Lord of Newbottle, at the burgh of Edinburgh: The prioress of Hadington, at the burgh of Hadington: The Lord of the temporal lands of the priory of North-berwicke, at the burgh of North berwicke: The Patron, and person, of the kirk of Kynnewchar, dissolved from the priory of North berwicke, at the town of Ely: The Patron, and person, of the kirk of Largo dissolved from North berwicke, at the town of Largo: The Patron and person, of the kirk of Mayboill, dissolved from North-berwick, at the burgh of Mayboill: The Patron, and person, of the kirk of Logy, dissolved from North-berwicke, at the burgh of Sterling: The Lord of Kelso, at the town of Kelso: The Lord of Coldinghame, at the town of Eymouth: The Lord of Dryburgh, at the town of Dryburgh: The Prior of Ecclis, at the town of Dunss: The Prior of Cauld-streame, at the town of Dunss: The Lord of Jedburgh, at the burgh of Jedburgh: The Lord of Melros, at the town of Melros: The Lord of Paisley, at the town of Paisley: The Lord of Blantyre, at the Burgh of Glasgow: The Lord, and Baylie of the temporal lands of Kilwynning, at the Burgh of Irwing: The Patrons, and Parsons, of the Kirks of Kilwynning, dissolved fron the abbacy of Kilwynning, at the said Burgh of Irwing: The Abbot of Corsraguell, at the town of Mayboill: The Prior of Whitehorne, at the Burgh of Whitehorne: The Abbot of Saulset, at the Burgh of Whitehorne: The Prior of Sainct-Marie Yle, at the burgh of Kirkeudbright: The Lord of Duudrenane, at the Burgh of Kirkchudbright: The Lord of Glenluce, at the Burgh of Wigton: The Abbot of Toungland, at the Burgh of Wigton: The Abbot of New-Abbey, at the Burgh of Dumfreis: The Abbot of Holywood, at the Burgh of Dumfreis: The Prior of Cannabie, at the Burgh of Annand: The baron, and Baylie of the barony of Brouchton, dissolved from the Lordship of Holy-Rude house at the Burgh of Edinburgh: The Heritoures of the one hundreth pound Land of the barony of Monkland, dissolved from the Lordship of Newbottle, at the city of Glasgow: The Ministers of Felfoord, at air: Scotlandwell, at Sainct-Androis: Peibles, at Piebles: The Patron, and person, of the kirk of Dundie, dissolved from the abbacy of Lindores, at the Burgh of Dundie: And all other small beneficed Parsons, at the Paroch Kirkes of their particular benefice. And that they conveane, to the effect abouewritten, upon the penult day of October next to come, in the year of GOD one thousand, six hundreth, twenty one yeares: which is declared to be the precise day appoynted for all their vassals, Fewars, Tacksmen, and Pensioners, to keep the said Meeting. And that no farther Citation, nor Summonding, shall be requisire, than the Proclamation and publication of this present Act, at the Market Crosses of the Head burrows of this realm. AND HEREWITH it is resolved, by the said ESTATES, That if any vassal, Sub-vassall, Fewar, Tackes-man of Teyndes, Pensioner, or any other, justly bound to make relief to the Prelate, lord of Erection, Patron, or other beneficed person, of any parte of the said Taxation: Shall sand any procuratoures in his name, sufficiently authorised, to the said Meeting: The same shall not onely excuse the absence of the principal party: but the procurator in all things shall bee admitted, and received, to do, and perform, in the Distribution of the said Taxation, what could, or lawfully might haue been done by him who sent him. IT IS in like manner declared, That the Prelate, Lord of Erection, patron, or other beneficed person, impeded by disease, or distracted upon some other necessary occasion, from attending that Meeting, having his absence supplied that day, by any sufficient worthy person, whom he shall appoint, and authorize, to that effect, Shall bee as lawful, as if he were personally present himself. And the party so authorised, shall bee admitted, and received, in all things to do, and perform in the distribution of the same Taxation, what could, or lawfully might haue been done, by him who sent him. IT IS Farther statuted, and ordained, That at the said day of Meeting, the said Prelates, lords of Erections, patrons, and other beneficed persons, shall by themselves, or their procurators lawfully authorised, as said is, fence and hold a Court, call by Name, and Sur-name, upon every one of their Vassals, Sub-vassals, Fewars, Tackes-men of Teynds, pensioners, and others, oblished to relieve them of any part of the same Taxation: And lawful time of day being bidden, shall show to their said vassals, Fewars, Tackes-men, and pensioners, or their procurators compeiring for them, the quantity of the Taxation imposed upon their prelacy, erected Lordship, or other bnfice, autentickly subscribed by the clerk of the same Taxation. And they all, at the least so many of them as shall conveine for this effect, with one consent, shall distribute the same to be paid by every man, as well as by the Prelate, Lord of Erection, and present possessor of small benefice, for the free rent that every one of them hath of their prelacies, erected Lordships, and small benefice, as by the vassal, Fewar, Tackes-man, and pensioner, according to the great or small quantity of the free rent which every one of them hath, either of their lands, Teynds, or pensions. Which Certification to any of the said persons, Fewars, vassals, Tackes-man, or pensioner, that compeireth not by themselves, or their procurators, at the day and places above specified, to the effect aforesaid: That such as shall conveine with the said Prelates, Lords of Erections, patrons, and other beneficed persons, or their procurators, shall proceed in the equal distribution of the same Taxation, as well amongst them that are absent, as as present: And shall make, and subscribe, an authentic Taxtrolle thereupon. And, in case, that none of the said vassals, Fewars, Tackes-men, and pensioners, shall conveine at the day and places abouespecified, to this effect, by themselves, or their procurators, but shall wilfully absent themselves from the said Meeting, It shall bee lawful for the said Prelates, lords of Erections, patrons, and other beneficed persons, being present by themselves, or their procurators, at the day and places aboue-specified, to make, set down, and subscribe the same Taxt-Rolle. And in case any of the said Prelates, lords of Erections, patrons, and other beneficed persons, shall not conveine, by themselves, or by their procurators, at the day and places above specified, particularly defigned to every one of them, It shall bee lawful for the said vassals, Fewars, Tackes-men, and pensioners, at the least so many of them as shall conveine, by themselves, or their procurators, to make, set down, and subscribe the said Taxt-rolle. Which Taxt-rolle shall contain the particular sum that every one shall bee found justly to bee addebred to pay, the parties name addebted to pay the same, and the cause wherefore the same ought to be payed. And being so set down, either by the Prelate, Lord of Erection, patron, or other beneficed person, or their lawful procurators, with so many of their vassals, Subvassalles, Fewars, Tackes-men of Teynds, pensioners, and others, oblished to relieve them of any part of the same Taxation, as shall conveine with them to this effect. And in case that none shall conveine with them, the same roll being then set down by the Prelate, Lord of Erection, patron, or other beneficed person, or their lawful procurators: or in case of their absence, being set down, made, and subscribed by so many of the said vassals, Fewars, Tackesmen, and pensioners, as by themselves, or their procurators, shall conveine themselves for this effect. THE SAID ESTATES Decernes to bee as lawful in all respects, as if the whole number of persons having entres therein, had convened, made, set down, and subscribed the same. Which Taxt-rolle being so set down, made, and subscribed, in manner aboue-written( and no otherways) and delivered to the clerk of the Taxation, The said ESTATES ordains him to give warrant for giving of letters of relief there-upon, Discharging him in any case to give warrant for giving of letters of relief upon any roll presented unto him, not made, and autentickly subscribed, in form aboue-written, as he will answer to the contrary, upon his peril. IT IS likewise statuted, and ordained, that Tackes-men of Teynds shall haue relief upon their Sub-tackes-men,[ pro tanto] respect being had to the gersome payed by the said Sub-Tackes-men. And for inbringing of the Barrones and Free-holders partes of the same taxation, and of the Fewars and Rentalles of our sovereign lords proper lands, their partes thereof, ordains letters to bee directed, charging all and sundry sheriffs, stewards, bailies, their Deputies, and Clerkes, Fewars, chamberlains, and Receivers of our sovereign lords proper lands, That they, and every one of them, within the bounds of their Offices, raise, and up-lift, the sum of thirty shillings, money of this realm, of every pound land of old Extent, lying within the bounds of their Jurisdictions, for every one of the four terms above specified: and in-bring, and deliver the same unto the Collector aforesaid, or to his Deputies, and Officiars in his name, having his power to receive the same, at the particular terms above specified, under the pain of rebellion, &c. And if they fail at the by passing of every one of the said terms, to denounce and eschate, &c. And for their relief, that letters bee directed, Charging all, and sundry earls, lords, Barrones, Free-holders, Fewars, and Rentallers, of our sovereign Lords proper lands, personally, or at their dwelling places: And by open proclamation, at the Market Crosses of the head Burgh of the Shyreffdome, Stewardrie, or Baylierie, where their lands lie, if they be within this kingdom: And if they bee without this kingdom, by open proclamation at the Market cross of Edinburgh, pier and shore of Leith, upon threescore dayes warning, to make payment unto the said sheriffs, stewards, and bailies, their Deputies, and Clerkes, chamberlains, and Receivers of our Severaine lords proper lands, every one of them for their own partes[ respective] of the said sum of thirty shillings money foresaid, for every pound land of old Extent pertaining unto them for every one of the said four terms payment, within twenty dayes next after they bee charged thereto, under the pain of Rebellion, &c. And if they fail, To denounce, and escheat, &c. And if need bee, that the said sheriffs, Stewards, Bayllies, their Deputies, and Clerkes, chamberlains, and Receivers of our sovereign lords proper lands, poynd and distrain the readiest Goods and gear being upon the said lands therefore, as they shall think most meet and expedient. And that the said earls, lords, Barrones, Free-holders, Fewars, and Rentallers of our sovereign lords proper lands, haue letters for their relief, to charge their Vassals, Subvassalles, Ladies of Terce, Conjunct-feears, and Life-renters, to make payment of their partes of the said Taxation, within twenty dayes next after the charge, under the pain of rebellion, &c. And if they fail, to denounce, and eschate, &c. And if need bee, that they poynd, and distrain: providing always, that the first terms payment of the said Taxation bee ever past before the next term bee charged for. And for in-bringing of the burrows parte of the same taxation, ordains letters to bee directed, Charging the and Bayllies of each Burgh, to make papment of the taxed and stint thereof, to the Collector general foresaid, his Deputies, and Officiares, in his name, having his power to receive the same at the particular terms above specified, under the pain of rebellion, &c. And if they fail, to denounce, and escheat, &c. And for their relief, that letters bee directed, charging all, and syndry inhabitants within each Burgh, to conveine, and elect certain persons, to stint their neighbours. And the said Election being made, to charge the persons elected, to accept the charge upon them, in setting of the said stint upon the inhabitants of every Burgh: and to conveine, and set the same, and make a Stent-rolle there-upon, as effcires, within twenty four houres next after their charge, under the pain of rebellion, &c. And if they fail, to denounce, and escheat,& c- And such like, the said Stent-rolle being made, and set down, as said is, to charge the Burgesses, In-dwellers, and inhabitants, within each Burgh, to make payment of their partes of the said stint, to the said Provest and bailies, conform to the Taxtrolle, to bee given out there-upon, within three dayes next after the charge, under the pain of rebellion, &c. And if they fail, to denounce, and escheat, &c. And if need bee, that the said Provest and Baylics poynd and distrain therefore, as they shall think most expedient. IT IS always provided, That no person whatsoever, bee stented, or taxed, within Burgh, except according to the avail, and quantity of his Rent, Living, Goods and gear, which he hath within Burgh: no ways respecting his lands, nor possessions, which he hath to Landward; for the which he will be oblished to pay taxation to other Officiars. Providing always, that the first terms payment of the said taxation be ever past, before the next be charged for. AT tower, His Highnesse, and His said ESTATES, Decernes, and declares, That the charges to be given for payment of the said Taxation, shall bee executed before the terms of payment above specified, for every terms payment particularly by itself. And that the denunciation of Horning, following there-upon, shall not bee executed until the terms of payment bee bypassed. Which denunciation so following, upon the charges given before the said terms of payment, the said ESTATES decernes, and declares, to be valide, and sufficient. AT tower, His majesty, and the said ESTATES, Considering the great abuse which hath been used in all times by-gone, by sundry of the Lieges of this realm, against all good conscience, in causing thier poor Fermorers, Tennentes, and Labourers of their Ground, being removable, who are subject in payment of very dear Fermes, and other Duties, to relieve them of the whole burden of the by-gone Taxations: which hath been the occasion of impoverishing of a great number of the said Fermorers, Labourers, and Tennentes, and bringing of them to utter wrack, and ruin: Whereas of reason they should bee altogether free from the payment of any Taxation, and the same should bee payed by such as haue free rents, lands, and goods, of their own. FOR REMEID whereof, it is statuted and ordained, That no persons whatsoever, exact or compel his Tennentes, or Fermorers, removable, who pay Ferme, and other dear Duties, for the lands occupied by them, to pay any part of this present Taxation, or to sure relief at their hands of the same. And if the same be found done by any persons, that they shall be called, and convened therefore, before His Highnesse Justice, and his Deputies, as violent and masterfull Oppressoures of His Highnesse subiectes, and punished therefore, according to justice. AS ALSO, the said ESTATES considering, that besides the ordinary charges which His majesty doth daily undergo, for the maintaynance of the Honour, Estate, and dignity of His Highnesse kingdoms: the extraordinary burdens, which now lieth vpon His majesty, by the occasion before-written, are so great, and doth so near concern every loyal and true hearted subject of this kingdom, as members of that body whereof his majesty is the head, that in duty they think themselves bound to bear a part of that burden, and to relieve his majesty thereof. THEREFORE beside the ordidinarie Taxation aboue-written, the said ESTATES haue for the space of four yeares, next and immediately following the term of Martinmesse next to come, voluntarily, and freely granted unto his majesty, a yearly extraordinary Taxation, of the twenty penny of all annual rents, which any person or persons within this kingdom, hath freely due and payable unto them vearly and termly,( their own annual rents, wherein they are addebted to others, being first deduced.) The first terms payment whereof shall be, and begin, at the said Feast and term of Martinmesse next to come: and so forth, yearly and termly, at whitsunday and Martinmesse, until the said four yeares, and the eight terms payment thereof, be fully and completely outrun. AND WHEREAS The said ESTATES haue by, Act of Parliament, authorised all and sundry heritable sheriffs, Stewards, bailies, and bailies of Regalities, and their Deputies, and the Provestes and bailies of burrows, who are heritable sheriffs within themselves, within the bounds of their jurisdictions: as likewise the Clerkes, within the jurisdictions where these Offices are not heritable: which Clerkes haue their Offices[ ad vitam] to collect the said extraordinary Taxation, and make payment thereof to the Collector general, to be appoynted by His majesty for receiving of the same, THEREFORE, and for in-bringing of the same extraordinary Taxation, The said ESTATES ordains Letters to be directed, Charging all, and sundry the said heritable sheriffs, Stewards, bailies, bailies of Regalities, and their Deputies, and the said Provest and bailies, who are heritable sheriffs within themselves, as likewise the Clerkes within the jurisdictions where these Offices are not heritable, That they, and every one of them, by North the river of d'ye, within the space of fifteen dayes after every term of Martinmesse and whitsunday: and that they, and every one of them, by South the river of d'ye, within the space of ten dayes after every term of Martinmesse and whitsunday, deliver to his majesties said Collector general, a true and just account and Inventor, of the whole sums of money due to be payed by any person within the bounds of their jurisdiction, for his part of the said extraordinary Taxation: And that they give up the same count and Inventor vpon their Oath, solemnedly sworn, that the same is just and true: And make payment unto his majesties said Collector general, or to his Deputies in his name: having his power to receive the same of the whole moneys due to bee payed to his majesty, conform to the said count and Inventor, within twenty dayes after each term, under the pain of rebellion, &c. And in case the said sheriffs, stewards, bailies, bailies of Regalities, and Clerkes fail, to denounce and escheat, &c. For whose relief, that Letters bee directed, Charging all and sundry the said Annuell-renters, to make payment to the said sheriffs, stewards, bailies, bailies of Regalities, Clerkes, Provest and bailies of burrows, of the said twenty penny of all Annuellrentes, freely due and payable to them, within twenty dayes next after the charge, under the pain of rebellion, &c. And if they fail, to denounce, and escheat, &c. And if need bee, that the said sheriffs, stewards, bailies, bailies of Regalities, Clerkes, Provest and bailies of burrows, poynd and distrain therefore, as they shall think most meet and expedient. AND His HIGHNES, and ESTATES foresaid, ordains the lords of Session to bee onely Iudges to all suspensions to bee craved and suited by any of our sovereign lords Lieges, touching the said Taxations Which suspensions his majesty and Estates foresaid finds, may bee granted vpon lawful and equitable reasons to bee considered by them, and discharges all other Judges within this realm, of granting of any suspensions thereanent. With power to the said Lords to diligate five at the least of their ordinary number, as they think expedient, To sit, cognosce, and decide the said suspensions, in time of vacance, if need be. ACT. IIII. An Act of Ratication, in favour of the PRINCE His Highness. OUR sovereign LORD, With advice and Consent of the ESTATES of PARLIAMENT, Ratifies, approves: and for Him and His Successors, perpetually confirms all,& whatsoever Infeftments, Gifts, Donationes, and other rights, and Titles, made, or granted by his majesty, or any others His most Noble Progenitoures to his Highnesle, CHARLES, PRINCE and STEWARD of SCOTLAND, His majesties Dearest son, or any others His Highnesse, the Prince, Predecessoures, Princes, and stewards of SCOTLAND, of whatsoever Lands, Lordships, baronies, Superiorities, Offices, Teyndes, Annuell-rents, Advocations, Donations and Rights of Patronage of Kirkes, benefice, Chaplainries, Alterages, and others, whatsoever, where ever they lie within the kingdom of SCOTLAND: together with all acts of Parliament, other acts, laws, Statutes, Consuetudes, Immunities, Honours, privileges, prerogatives, and Liberties, whatsoever made, introduced, or Joysed, by His Highnes, the Prince, or any His Highnes predecessors, Princes of SCOTLAND, in any time by-gone. Notwithstanding whatsoever acts of Parliament, other acts, laws, or constitutions, which may appear to derogate to the same, or that may or can bee extended, or bee interpret in the contrary thereof, either special or general. AND FURTHER declares, that this general Ratification shall bee as effectual, as if all and sundry the said Infeftments, gifts, Donations, acts, privileges, Immunities, prerogatives, and others foresaydes, were at length herein expressed, name, and numbered. Anent the which His majesty, with advice and consent of the ESTATES, haue dispensed, and dispense, by these presents: Reserving always the lands, and others, assigned for the entertayment of the Castle of DUMBARTANE, to bee applied to that use, until some other provision bee made thereto, in place of the same. ACT. V. Anent the Plantation of Kirkes, as yet unplanted. OUR sovereign LORD, understanding, that there bee divers Kirkes within this kingdom, which by the late Commission appoynted for plantation of Kirkes, in the Parliament holden in weak 1617. were not settled nor provided with constant stipends: But which yet remain disfurnished, and vnprovided of competent means to be given to the Ministers, who shal be provided to the charge and function of the cure of the same. AND THERE WITH also His majesty considering, That there haue been heretofore sundry Kirkes united together, and conjoined in one: albeit vpon good considerations, it may bee found more expedient, That the same union bee dissolved, and that the said Kirkes bee provided severally, with distinct Functions, and separate services, at such places where the commodity may afford, in the same manner as if no such Union had been made. And such like, because there bee some Kirkes, whereof the Parochine is of so large bounds, that many of the Parochiners, dwelling in rooms of the Parochine so remote from the kirk: who for the great distance of the place, or for the interjecting of Waters betwixt their rooms and the Kirkes; which oftentimes, and especially in Winter, are not passable, or for some such other known impediment, cannot haue access and repair to the parish Kirkes at the ordinary times appointed for Divine Service and Worship, and enjoy the comfort of the Exercise thereof. AND OUR sovereign LORD, according to the princely and Godly Indewments, wherewith His majesty is singularly blessed, being most careful to establish all good, and propagate the Religious and true worship of GOD, universally throughout all this whole kingdom: Where thorough all His People may haue occasion to participate the benefit of the word, without feeling of any of these Prejudices, growing from the aboue-written occasions: Which His majesty, in his royal and Fatherly care over his People, is most desirous to haue removed: THEREFORE, His majesty, with express advice, and consent of the ESTATES of Parliament, Hath granted full power and Commission, to the Lord Chaunceller for the time: AND to the reverend Fathers in GOD, John, Arch-bishoppe of Sainct-Andrewes: James, Arch-bishop of Glasgow: Alexander, Bishop of Dunkell: Adam, Bishop of Dumblane: Andro, bishop of gallovvay: John, Bishop of Caitnesse: six persons nominate for the clergy, and Prelates. And in case of decease of any of them, to patrick, bishop of Rosse: and patrick, bishop of Aberdeen. Which two persons the ESTATES haue nominated, to supply, and become, in the place of any of the other six aforesaid, if any of them shall happen to decease before this Commission bee finished. TO WIT, The first of the two, in place of the first of the sixth deceasing: To John, earl of Winton: Robert, earl of Lowthiane: Thomas, earl of Mclrosse: John, viscount of Landerdaile: John, Lord Belmerino: David, Lord Carnagie: six persons nominate for the nobility. And in case of any of their decease, To John, earl of Wigton, nominate to become in the place of the first deceassing: And Walter, earl of buckcleuch, nominate to become in the place of the second. To the Commissioners vnder-written, nominate for the barons: To wit, Sir Richard Cockburne of Clerkington, Knight, Lord privy seal: Sir William Levingstoun of Kilsythe, Knight: Sir james Dondas, of Arneistoun, Knight: Sir Archebald Napier of Merchingstoun, Knight: Sir Andro Ker, of Phairnichrist: Alexander Lauder of Haltoune. And in case any of their decease, To David Crichtoun, of Lugtoun: and Sir John Hammiltoun of Prestoun, Persons nominate, to become in order, as they are name, in place of any of the six deceassing. And to John Byres, burgess of Edinburgh: Master William Fergussone, burgess of Dondie: Andro Bell, burgess of Linlithgow: Robert tailor, burgess of Sainct-Andrewes: Maiter james Cockburne, burgess of Hadingtoun: and Sir George Bruce of Carnock, Knight, burgess of Culros: six persons nominate for the burrows. And in case of any of their decease: To Alexander clerk, Merchant, burgess of Edinburgh: and Master Alexander Wedderburne, clerk of Dondie: persons nominate, to supply in order, any of the other six Commissioners foresaid deceassing. WHICH foresaid Commissioners, or any four of each Estate nominate, as said is, consenting and agreeing in one voice, shall haue power to consult, conveine, and determine, upon the matters, and in manner vnder-written: Providing always, That there is, and shall be requisite to the validite of any Act, Conclusion, Ordinance, and Determination of the said Commissioners, The conjunct assent of four of every one of the said four Estates, all agreeing together in voice. Without the which consent of the said four of every Estate so agreeing. The rest of the said Commissioners shall haue no power to make any valide, or effectual conclusion, by virtue of this present Commission: But whatsoever shall be otherways done, is declared to be of none avail, force, nor effect. THAT IS TO SAY, Our sovereign Lord, and Estates of Parliament, by the tenor hereof gives, grants, and commites, full power and authority to the said Commissioners, to meet, and conveine, in the town of Edinburgh, at such time, and times, as they shall appoint, and find convenient: And there-to call, and summonde before them, all patrons, Tackes-men of Teyndes, great and small, and others, having Right, by whatsoever Title to the Teyndes of any of the Kirkes within this kingdom, which are not already planted by the foresaid first Commission: and which shall any ways bee meddled with by this present Commission, as they shall think necessary, and expedient, To exhibit, and produce before them, their rights and Titles, whereby they claim the said Teyndes, to bee seen, and considered, by the said Commissioners: With power unto them, out of the said Teyndes, of every Parochine and kirk, not already planted: To appoint and assign, at their discretions, a perpetual local stipend to the Ministers present, and to come, at all the said Kirkes, unprovided, as said is: AND that notwithstanding any Right or Title pretended by the said Tackes-men, or others, in whole Favoures Teyndes haue been erected: With power also, to the said Commissioners, to dis-unite such Kirkes, one or more, as were united of before, and appoynted to bee served by one Minister. And as they upon good considerations shall find requisite to appoint the same to bee served by several functions, and charges, as distinct Parochines, after such manner as shall bee found by them most expedient. Providing always, That all parties having interest in the union, and dis-uniting of the said Kirkes, and plantation thereof, give their express warrant and consent thereunto. IN the which case of Plantation, and provision of the Kirkes which shall be dis-ioyned, as said is, the presentation of the Ministers shall bee appoynted by the said Commissioners, to pertain to the patrons, conform to their right thereof, to bee produced before them. And as the said lords Commissioners shall find most agreeable with reason and equity. With power likewise to the said Commissioners to appoint and set down such solid order, for erecting and building of new Kirkes, in any Parochines, where they shall find necessity, and conveniency to do the same, and where the Parochiners are not presently well and commodiously served at the present Kirkes of the Parochine, as they shall find most expedient. And the said Kirkes being erected, with power to the said Commissioners, to provide the same with such proportion of stipends, as they shall find may be with least prejudice, and best commodity, made out of the fruits of the said Parochines, to the Ministers, to be appointed to serve at the said new builded Kirkes, To the which building and making of new Kirks,& providing of the same with competent Stipends, The said Estates finds and declares, that it shall be expressly necessary, that the patrons, Tackes-men, and other parties, having interest in the Erection and building of the said new Kirkes, and in the planting and provision thereof foresaid, give their express warrant and consent there-unto. Which being so had, and obtained, With power to the said Commissioners, to proceed therein as is most agreeable with reason. IT IS always declared, that in all, and every one of the cases aboue-written: that is to say, either in providing of Kirkes not planted of before, or in dis-uniting of kirkes formerly joined: and appointing of several and distinct Stipends to the same: Or in the Erecting of new kirkes, and provision of them, with Ministers, and stipends. The said Commissioners shall haue express power and warrande, to determine, and appoint such proportion and quantity as they shall find expedient, either amounting over the sum of five hundreth marks, or beneath, and under the same, as they shall find may most conveniently and commodiously be had: after the consideration of the quantity and estate of the fruits of the kirk, and the case wherein the same is: and as may be with least prejudice spared out of the same. AND the said ESTATES finds and declares, That the said Commissioners shall haue no power, by virtue of this Commission, to alter, or meddle with any kirk which was settled by virtue of the foresaid Commission, granted in Anno 1617: yeares: Or to change the estate thereof in any ways: Or yet to erect, build, or provide any new kirk without the special and express consent of all parties, having interest, had, and obtaytayned there-unto: Without whose consents, it shall not bee lawful for the said Commissioners, in any ways, to touch the said Kirkes so provided. But the same are expressly excepted( Except in case of consent foresaid) out of this present Commission. AND ALSO, Forasmuch as the said ESTATES of Parliament, considering the particular Petitions and Supplications after specified, given in to them by the persons underwritten, to the effect following: To wit, A petition given in, by Thomas Burnet of Leyes, Desiring a new kirk to bee erected, and builded, within the Parochine of Fetteresso, upon any part within the same Parochine, most ewest for the instruction of the Parochiners of Fetteresso, who dwell most remote from the present kirk thereof. Item, a Supplication given in by the Gentlemen and Parochiners of the Parochine of Roisnethe; Desiring that the kirk of Roisnethe, for the causes specified in their Supplication, founded upon the incommodious situation of the said kirk, might be transported out of the Yle of Roisnethe, where it presently standeth, to that part of the main Land of the said Parochine, called the lands of Ardinconnell, as place most convenient, and indifferent for the whole Parochiners to resort unto. Item, a Petition given in, by John, earl of Wigton, Lord fleming, and Cumbernauld, and remanent Parochiners of the Parochine of Leinzie: craving licence to transport, found, build, and erect, the kirk of the said Parochine of Leinzie, presently standing at the West end of the Parochine thereof; to any other part of the same Parochine, near the midst thereof, most convenient for the ease of the whole Parochiners: And being builded, to bee declared to be the onely kirk of the said Parochine of Leinzie. Item, two Warrandes given in, under His HIGHNESS Hand, concerning the appointing and determinating, which of the two Kirkes of Larbaire and Donypace formerly united, should bee to ordinary place of public Divine Service of the said two Parochines. As in the same two patents containing their own several desires at more length is contained. Item, a petition given in, by the parochiners of the parochines of Kilcharrane, Kilmichaell, and Kilchuslane, united by the former Commission: and of the parochines of Kilcolmkill, and Kilblane, also united by the same Commission: all lying within Kintyre: Desiring liberty for building and erecting of a kirk for serving of the first three parochines, with another kirk for serving of the two last parochines, both united as said is. Item, a Supplication given in by John, Lord Hay, of Zester, and the possessors of the lands of Rodonno: Desiring, that the same lands of Rodonno, with the pertinents, should bee declared to haue been, and to be in time coming, a part of the parochine of Lyns, as also craving, that it might be lawful to the said John, Lord Hay, of Zester, to build a kirk upon the most commodious place of his lands of Rodonno, or Meggett, for serving of the inhabitants thereof, at such times as they should be impeded by storm of weather, from coming to the kirk of Lyns. Item, a supplication given in, to the said ESTATES, Desiring, that the dissolution of the forty pound land of Buchanane, from the kirk of Lusse, and union thereof, to the kirk and parochine of Inschcalzicoche, done by the former Commission, might be now ratified: and the same forty pound land, declared to remain in time coming, as part of the parochine of Inschcalzieoche. Item, a petition given in, by patrick, bishop of Aberdeen, Desiring the ESTATES, to give power to the foresaid Commissioners, to ratify and approve the voluntary Dissolutions of the former unions of these Kirkes within his Diocie, to the several provisions, whereof the parties having interest thereintill, haue consented, and to admit these who make offer at the sight of the Bishop and presbytery, where the Kirkes lie, To provide the same severally, Albeit they shall not make out the full rate and stipend appoynted by the last Commission. And last, a petition given in, by the Minister at the kirk called Christs kirk, at Udney: craving the same kirk to be sufficiently planted, and provided, with a constant and local stipend, and the same made sure to the Minister serving the cure at the said kirk, as the foresaid Supplications, Petitions, and Patents[ respective] aboue-written, in themselves more fully proports. AND Finding the Desires foresaid reasonable, Our said sovereign LORD, and ESTATES of Parliament, gives, grants, and commits, full power and authority to the said Commissioners, to appoint, determine, and set down, such solid Order anent the whole particulars aboue-mentioned, and every one of them, as they after consideration and trial had, and taken, by them there-anent, shall find most expedient, and agreeable with reason. To the doing whereof, in every one of the particulars foresaid,( Except anent the building of a new kirk within the Parochine of Fetteresso, as is desired by the Laird of Leyes) THE ESTATES finds, and Declares, That it shall be onely necessary to summonde all patrons, Tackes-men, and other parties whatsoever, having interest in the particulars foresaid, to hear, and see order taken in the premises thereanent: That after citation, the Commissioners may consider of the interest and prejudice, if any shall bee qualified by any person before them, anent the particulars aboue-mentioned: and may then proceed therein, as they shall find most expedient. But the ESTATES finds, and declares, That in the settling and determination of the first particular aboue-mentioned, anent the building of a new kirk within the Parochine of Fetteresso, There shall bee expressly requisite, the special and express consent and warrant of the parties, having interest there intill: By, and beside the citation and summonding of them to that effect: AND finds, and declares, That the decreet and Sentence of the said Commissioners, to bee given by them in all the particulars foresaid, and every one of them shall haue the strength, force, and authority of a Sentence, and Act of Parliament, such like as the same had been done, and determined by the said Estates themselves. AND Because Reason and equity craveth, That recompense should bee made unto the Tackes-men, and other persons whatsoever, who shall bee by the sentence of the said Commissioners, hurt and preiudged of their present profit, which they may lawfully bruike, by virtue of their Titles and Rights, established in their persons: and upon whom, by virtue of the said Sentence, any burden of the Sustentation and provision of the said Kirkes and Ministers is to be imposed: THEREFORE, Our sovereign LORD, and ESTATES of Parliament, gives full power, and commission, to the said Commissioners, so to proceed in the determining of the said recompense, that in case the Lord, or any other, having right to erected Prelacies, who shall bee cited before them, refuse to take the burden of plantation of any Kirkes belonging to the said erected Prelacies, which are in any of the cases aboue-written: And that vpon their refusal,( The same refusal being first found reasonable by the said Commissioners) the burden of the said plantation shall be laid and imposed by the said Commissioners, in whole or in part, either upon the principal Tackes-men of any of the fruits of the said Kirkes: Or in case of the Tackes-mens refusal, the burden bee imposed upon the Sub-Tackes-men thereof: The said Commissioners shall haue power to decern, appoint, and ordain, such particular recompense to be given unto the said Tackes-men, or Sub-Tackes-men, by reniewing of their tacks, or Sub-Tackes, after the expyring thereof, upon such conditions, as the said Commissioners shall find reasonable. Respect being had to the quality and proportion of the burden to be imposed upon them, within the time of their tacks and Rights, farther than they are astricted by their said rights: or by appointing such other reasonable satisfaction, as they shall find the said burden and distress under-gone by any of them, shall deserve, and require. LIKE AS the said Commissioners shall haue such like power to determine, decern, and appoint such particular satisfaction, and recompense, to bee given either to the Laicke-patrones, or to the Tackes-men of the fruits of the Kirkes, belonging to the like patronages and Sub-Tackes-men thereof, as they shall think may bee answerable to the burden to be imposed upon either of them, for the cause aboue-written proportionally. IN THE prescribing of the which recompense, The said Commissioners shall haue special respect, what consideration they find reasonable to bee given to the said patrons, for their consentes to the tacks, if any shall bee appoynted, and decerned to bee set, and given unto the said Tackes-men, for recompense foresaid. AND if any beneficed person, upon just and reasonable causes, refuse to provide any kirk belonging to their bnfice, according to the order hereby prescribed, whereby the burden of plantation, or farther provision for the kirk, must necessary lie upon the Tackes-men, or Sub-Tackes-men of the fruits thereof: The said Commissioners, in that case also, shall decern such recompense to bee given to the said Tackes-men, and Sub-Tackes-men, for their loss and prejudice sustained, as the said Commissioners shall find the same shall merit, by renewing of tacks unto them, vpon such conditions as may requited their loss: Or by finding out some other reasonable mean, which may repair the same. AND OUR said sovereign LORD, with advice and consent of the said ESTATES, Declares, statutes, and ordains, that all tacks, which shall bee decerned by the said Commissioners, to bee given in recompense to any perfon whatsoever, for the causes abouewritten: and which shall bee set for obedience, and conform to the said decreet, and sentence, whatsoever yeares, or long space the said tacks shall comprehend, shall bee good, lawful, and sufficient securities, to the persons in whose favours the same are appoynted to bee given, and conceived. neither shall the same bee any ways preiudged, by the Act made in the Parliament holden in Anno 1617. By the which it is statuted, THAT no Arch-bishop, Bishop, or Prelate, should set in tack any part of their patrimony, for longer space nor nineteen yeares: AND, That no inferior beneficed persons shall set in tack any part of their bnfice for longer space nor their own life times, and five yeares there after, as the said statute proports: From the which statute the said tacks so appoynted to bee set, and given in recompense, are, and shall bee excepted, and reserved, and shall no ways come under the compass of the same Act and statute, nor in any thing therein contained. But the same shall remain, and abide, valide, and sufficient rights, for the whole space and yeares appoynted therein, according to the tenor thereof: notwithstanding of the said Act and Statute. And because it may fall forth, That in the recompense to bee appoynted, by the said Commissioners, to the patrons, Tackes-men, and Sub-Tackes-men, for the aforesaid burden to bee imposed upon them, more yeares may bee assigned for prorogation of their present tacks, nor may lawfully, or conveniently be set, by the present beneficed persons, to whom by Law the setting of Tacks of Teynds belongs. FOR REMEID Thereof, Our sovereign LORD, with advice and consent of the said ESTATES, Declares, Statutes, and ordains, that it shall bee lawful for the Commissioners foresaid, to appoint as many yeares after the expyring of the present tacks, to the Tackes-men of the said Kirkes, and Teyndes: Or to the patrons or Sub-Tackes-men( respective) for bruicking of the said Teyndes, for recompense of the said burden, as they shall think reasonable: Which shall bee as good, valide, and sufficient Rights, to the said patrons, Tackes-men, or Sub-Tackesmen.( respective) and unto their heirs and assigns, for bruicking, possessing, and disponing on the said Teyndes, during the said yeares of prorogation: As if good, lawful, and valide tacks and Rights of the said Teyndes had been set, and made to them, by the Titulares of the benefice, to whom the same belonged: With consent of all parties having interest: WITH express provision and declaration, That at the expyring of all the said yeares; the right of the said Teyndes, and power to set tacks thereof, shall return, and appertain to the aforesaid Titulares of the foresaid benefice, as they did before the making of this present Act. AND OUR said sovereign LORD, with advice of the ESTATES, Declares, and ordains this present Commission to begin upon the tenth day of january, next to come: with continuation of dayes: and to last and endure, during the space of year and day thereafter. After the which time, the same shall cease and expire: And ordains the decreet, and Sentence of the said Commissioners, in all the particulars foresaid, and every one of them, to haue the strength, force, and authority of a decreet, Sentence, and Act of Parliament. For obedience whereof, the lords of Session shall direct and grant Letters in form as effeires, and according as shall bee necessary. Which Commission aboue-written, taking force, and full effect, in all the said particulars therein contained, as the same are set down, and comprehended therein, by pronunciation of decreet and sentence vpon the same, conform to the power therein comprehended, given unto the said Commissioners. OUR sovereign LORD, with express consent, and assent, of the ESTATES, in that case, finds, and declares, That no person, in whose favours the Teyndes of Kirkes, and benefice, are erected: nor no other, whatsoever, bruicking Teyndes, by virtue of rights lawfully made to them of the same, according to the laws of this realm then standing, shall bee ever farther altered, or quarreled in any of their said rights in any time to come, further then shall be appoynted by the said decreet and sentence to follow vpon this present Commission. But the said rights and securities in case foresaid, shall remain in their own strength, force, and effect: as good, lawful, and sufficient rights, and securities, unto them, and every one of them, for their own parts, for bruicking and enjoying of the said Teyndes, conform to the tenor of the said rights, for now, and for ever. ACT. VI. Act anent Comprisings. OUR sovereign LORD, and ESTATES of Parliament, considering that his majesties Lieges are greatly damnified, and prejudged, by the abuse and evil custom, which heretofore hath been observed in Comprisings: whereby Lordships, Baronies, and other great portions of lands are comprised for small sums of money: and thereby the compriser hath right to the mailes, duties, and profits of the lands: notwithstanding that they far exceed the profit of that sum of money for the which the said lands are comprised. FOR remeide whereof, It is statuted, and ordained, That the compriser shall haue no further right to the mailes, fermes, and duties of the comprised lands, by virtue of the comprising led at his instance, during the yeares and space that the same is redeemable, but onely to such parte and quantity thereof as will corresponde to the Annuell-rent of the sum, at ten for the hundreth, for the which comprising is led with this provision always, and express declaration, That if the mailes and duties of comprised lands exceed the proportion of the annuell-rent of the foresaid sums, for the which the comprising is deduced, and that the compriser please to intromet therewith, and according thereunto, that he haue intromission with the same, in that case his foresaid further intromission, which shall extend to any greater quantity then will justly satisfy him of the foresaid annuell-rent, shall be ascribed in payment and satisfaction of his principal sums,[ pro tanto.] LIKE AS THE ESTATES finds, and declares, That the same further intromission shall bee ascribed in that payment of the said principal sum: So that if it shall happen, that the quantity of the mailes and duties to bee intromitted with by the compriser, to extend unto as much as will satisfy the whole principal sums, with the ordinary annuell-rent thereof, according to ten for each hundreth, and the expenses bestowed by the Compriser, in passing, and obtaining Infeftment of the superior, of whom the lands are holden: together with the annuell-rent of the said sums, so given by the Compriser to the superior, for entering of him to comprised lands, and the necessary expenses and charges waired and bestowed by the said Compriser, in leading and deducing the said comprising, in that case, thereafter the comprising to expyre[ ipso facto] and to cease in all times following. AND IF that the person against whom comprising is lead, be Minor, and of lesser age, IT IS statuted and ordained, That it shall bee lawful to him at any time within his perfect age of twenty five yeares complete, to redeem the said comprised lands, by payment of the sums, for the which the said comprising was led, and of the lawful annuell-rentes thereof, according to ten for each hundreth, Together with the expenses bestowed in passing and obtaining of the Infeftment from the superior, and ordinary annuell-rent of the same: together also, with the necessary expenses bestowed in leading and deducing of the said comprising, as is aboue-written. And that notwithstanding of the preceding laws, and practic of this kingdom, by the which the legal reversion of comprised lands, expired within seven yeares after the leading of the comprising: From the which His majesty and Estates hath, by this present Act, and Statute, excepted Minors, in all times coming, declaring the same no ways to run against them. BUT IT IS Declared, that if a Minor redeem not lands comprised,( the right of reversion whereof is competent in his person) within seven yeares after the leading of the said comprising, but according to the benefit granted unto him by this present Act, suffer the comprised lands to remain vnredeemed, with the compriser, during all the yeares of his minority, and less age: then, and in that case, the compriser shall haue good right, to meddle, and intromet, with the whole Mailes and Dueties of the comprised lands of all these yeares subsequent, after the expyring of the said seven yeares, and interveining betwixt them, and the said yeares of his Maioritie, and perfect age of twenty five yeares complete: Notwithstanding that the dueties of the lands extend to more then will answer to the annuell-rent of the money, for the which the land is comprised. And if it shall happen a Minor, having right to redeem comprised lands, as said is, decease before he bee of perfect age of twenty five yeares, and that another Minor bee heir, or succeed unto him in his right of reversion, and title, competent to him, for the redemption of the said comprised lands: that Minor so succeeding in the rights, shall haue the same liberty and privilege aboue-written, for redemption of the said lands, such like, and in the same manner, as if they had been comprised from himself, wherein he shall no ways be preiudged by the yeares which ran after the comprising, in the life time of that person Minor in whose right he succeedeth, but that he may such like lawfully redeem the same at any time before his Maioritie, as said is. AND IT IS Declared, That in case any Minor, having the right of the said reversion competent unto him, shall happen to decase after the expyring of seven yeares outrun, after the said comprising, and that a person of perfect yeares succeed to the same Minor, in the right of his reversion aforesaid: in that case the said person Maior so succeeding, shall bee holden and astricted to redeem the said comprised lands, within the space of year and day after the decease of the said Minor, in whose right he succeedeth. otherways, the said redemption not being used by him within that space, he shall bee perpetually secluded from all benefit which he may claim by the reversion and succession thereunto foresaid, and all power of redemption of the said lands, by virtue thereof. But if at the time of the Minors decease, all the said seven yeares were not expired, It shall bee lawful for his said Successor( being Maior) to redeem, within the space of so many of the said seven yeares, as were not outrun the time of the Minors decease: such like as if the said lands had been comprised from the said Minor himself. Which time being expired, and he doing no diligence, he shall bee excluded from the benefit of his reversion. AND IT IS specially provided, That in all the aboue-written cases, if the comprised lands bee not worth such yearly quantity of mail and duty, as will proportionally effeire to the Annuell-rent of the said Money, as ten for every hundreth, for the which comprising is led: or being worth that the same is exhausted by other lawful deeds: which may render the same unprofitable to the compriser, and unaunswerable to the Annuell-rent of the sums, for the which he hath comprised, either in whole, or in part: then, and in that case, the redeemer( whether he be mayor, or Minor) shall be holden, before he can redeem, or out-quite the said lands, from the compriser, to refound and pay to him, the full Annuell-rent and profit of the sums, for the which the lands were comprised, so far as he wanteth, and inlacketh, by the benefit of his said comprising. And if the rent of the Land so comprised, consist in victual, The estimation and consideration thereof, shall bee had according to the common prices of victual in those shires where the comprised lands lie: according as the same giveth betwixt Zuile and Candlemesse. AND the said ESTATES Declares, That this aboue-written Statute shall no ways extend, nor bee prejudicial to comprisings, which are already prescribed, before the date of this present Act. ACT. VII. Anent Adiudications. OUR sovereign LORD, AND ESTATES OF PARLIAMENT, Considering the great prejudice sustained by divers and sundry Creditours, by decease of their Debtors: who being preveined by the diligence of their Concreditors, by obtaining of Sentences of Adiudication of their defunct Debtors, Lands, and Estate, In respect of the refusal of the nearest of Kin, to enter heirs to them, are secluded from participation of any part of the lands and goods pertaining to their said defunct debtors: they being common debtors to the said whole Creditors, contrary to all equity and reason. FOR REMEID Whereof, It is Statuted, and Ordained, THAT All Adjudications to be obtained by any person at any time hereafter, of any of their defunct debtors lands, and Estate whatsoever, with all rights and Infeftments following thereupon, shall bee redeemeable from the party obtayner of the said Sentences of Adjudication, their heirs and assigns at any time after the pronouncing of the same, AT the instance of any Concreditor of the said defunct debtor, or of any Creditor of the said person, who renounceth, To be heir to his predecessors, who shall happen thereafter to obtain decreet of Adjudication, against the appearing heirs of the defunct debtor: And that within the space of seven yeares, next and immediately following the obtaining of the said Sentences of Adiudication, by payment of the sums of money specified in the said Sentences: Together with the Annuell-rent of the same sums, according to ten for each hundreth thereof, during the time of the not-redemption of the same: and of the expenses sustained by them in obtaining of the said Sentences, to be taxed, and modified, by the Lords of counsel and Session. By payment of the which sums, the said Concreditor shall come in the place and right of the party from whom he redeemeth: And shall bruicke the same by virtue thereof, perpetually thereafter: Except it shall happen another Concreditor, who shall obtain the like sentence of Adjudication, to redeem the same from him, within the space above written. In the which case, it is declared, That the party redeemer, in the second, third, or fourth room, and so forth, so long as there are any Concreditors, shall be oblished not onely to pay the sums contained in the Adjudication, obtained at the instance of the party from whom he redeemeth: But also the whole sums, which were payed by him unto the former Concreditors, for redemption of their Adjudications, with the Annuell-rent, and expenses in manner above specified. IT IS always declared, That if the party from whom the said Adjudications shall be redeemed, did up-lift the Fermes, and dueties of the lands, and others, contained in the Adjudications: That then, and in that case, the party redeemer shall not be holden to pay any annuell-rentes, or expenses: but in so far as the same annuell-rents, and expenses, exceed, and are more, than the Mailes, Fermes, and dueties, intrometted with by the party from whom the same is redeemed. AND if the said Mailes, Fermes, and Dueties, exceed both the annual rent and expenses, IT IS declared, That the super-plus shall be allowed in the principal sum, by the sight of the Lords of counsel, Consideration being had of the prices of the Fermes, and victual, as the same were commonly sold betwixt Zuile and Candlemesse, in the Shyreffdome where the lands lie. IT IS always declared, That these presents shall no ways be extended to Decreetes, and Sentences of Adjudication already recovered. AND such like, it is declared, That in case any Minor, who hath renounced in his minority, be reponed[ in integrum] against the same renunciation: That then, and in that case, he shall haue place to redeem, from the whole Creditours, by payment of the said whole sums owing unto them, and whereupon they obtained Adiudication in manner, and with the provisions above specified. And all the rest of the privileges granted to Minors, in Comprisings, to be likewise granted in Adjudications: which are here holden as repeated. ACT. VIII. Anent the Extracts of Infeftments, past vpon Comprisings, forth of the privy seal: where the same are not registratsd at the Great seal. OUR sovereign LORD, and ESTATES of this present Parliament, Understanding that sundry His majesties Lieges, who for great sums haue comprised their debtors lands, are heavilie prejudged, through the fraudfull abstracting, or destroying of the Writtes, Infeftments, or Confirmations of the said comprised lands: the said Writtes, Infeftments, and Confirmations, not being registered in the Register of the Great seal. HEEREFORE, whereas any creditor hath comprised lands, holden of His majesty, and cannot recover forth of the persons hands, from whom the same are comprised, the kings right, and confirmation of the same Infeftment, given unto them therof, Lest the negligence of the party, not registrating the Infeftment, or Confirmation, after the passing thereof at the Great seal: Secunded with the subsequent fraud, in abstracting and destroying the principal Right and Confirmation, should unjustly indamnage the true Creditor, and Compriser. HIS majesty, with and consent of the said ESTATES, wills, and declares, That if the said Infeftments, and Confirmations of the said persons, from whom the said lands are comprised, haue past the privy seal, and be registrated in the Register thereof: That notwithstanding the want of the Infeftment and confirmation under the Great seal, or the Extract thereof: the Extract of the said Infeftment, or Confirmation, forth of the Register of the privy seal: The same thereafter being past the Great seal, at any time shall be a sufficient right to the Compriser, whereby to possess and enjoy the lands comprised: conform to the laws made anent Comprisings: as freely in all respects, as if the said Infeftments and Confirmations were extant, and registrated in the Register of the Great seal. Providing always. That this present Act shall no ways hurt nor prejudge any third person, who hath Infeftment or Confirmation of the said comprised lands, past the Great seal of an anteriour date to the said Infeftment, so past the Great seal, in manner aforesaid: but shall be onely of force and effect against that person, from whom the lands are comprised, his heirs, and successors. ACT. IX. Anent giving of Licence to Bishops to set their ward Lands in Fiew Ferme. OUR sovereign LORD, and ESTATES of Parliament, Understanding, That a good number of kirk lands, pertavning unto bishoprics, and their Chaptours, are disponed of old to bee holden by Service of ward, and relief: Which form of holding yields no present nor constant rent and commodity: but is onely a casuality which vaketh not often: and when it vaketh, is gifted and disponed by the present Titulars, to their own particular use, without any benefit to their successors. WHEREAS, if the said kirk lands were set in Fiew Ferme fro a competent yearly duty, the same would not onely augment, and meliorate the estate of the bnfice; but also diminish the occasion of applying of kirk rents to particular uses. AND HIS majesty, out of his royal case, and Princely disposition, intending the preservation of the estate of the said bishoprics, and their Chaptrous: and therefore being most earnest to avoid and remove this evil: HIS majesty, and ESTATES, statutes and ordains, That it shall bee lawful for all bishops, and Members of Chaptours, who haue Lands holden of them by Service of ward and relief, to set the same in Fiew Ferme, for payment of a competent Fiew Ferme duty, and doubling the same at the entry of the heir: Providing thrt the said Fiew Ferme duty be answerable to the retoured duty of the lands: And where the lands haue not been retoured, that the retoure be ruled according to the custom of retoures of lands in the country of the like valour, where the said lands lie: And declares, That this present Statute shall remain in full force and effect, for the space of three yeares after the date hereof onely, and no longer, while farther order bee taken there anent. ACT. X. Act declaring sums grass, given to the Ministers, for their Gleybes to bee Teynd-free. OUR sovereign LORD, And ESTATES of this present Parliament, considering in the fifth Parliament holden by his majesty, upon the twenty five day of Julie, in Anno one thousand, five hundreth, threescore, and eighteen yeares: Cap. 62. His Highnesse, with advice and consent of the ESTATES, Found, and declared, That the Ministers and Readers ought and should pay no Teynd for their Gleybss, and kirk lands, extending to four Ackers of Land, designed unto them conform to the Act of Parliament: But decersted and declared them to he free of their said Teyndes, and discharged them[ Simpliciter] thereof in all time coming. LIKE as in the Parliament holden at Perth, the ninth of Julie, in Anno one thousand, six hundreth, and six yeares: Cap. 7. It is ordained, That there shall be designed to the Ministers serving the cure at Kirkes, where there is no arable land adjacent there unto, the number of four sums grass for every Acker, of four Ackers of Gleybe, extending to sixteen sums grass, for the four ackers of land, and that of the most commodious and best pasturage of any kirk lands, lying next adjacent, and most ewest to the kirk: And ordained letters to be directed, for removing the possessors there from: in such like form as against the possessors of Manss and Gleybes. And in respect that the Ministers Gleybes are Teynd-free, and that by consequence the sums grass above mentioned, designed in stead thereof, where no arable land is adjacent unto Kirkes, ought likewise of all equity and reason to be Teynd free, in respect the same is dedicated and appointed adpios usus. here FORE, Our said sovereign LORD, with advice and consent of the whole Estates of this present Parliament, by the tenor hereof, declares, That the Ministers and Readers ought, and should pay no Teynd for their sums grass, designed unto them in place of their Gleybe, where no arable lands are adjacent to Kirkes. And decernes and declares them to be free of their Teynds: and discharges them[ Simpliciter] of all payment thereof, in all time coming. ACT. XI. Ratification and addition, to the Act of Parliament made anent Restitution of Chaptours. OUR sovereign LORD, and ESTATES of this present Parliament, ratifies, and approves the Act of Parliament made in the month of Junij, in the year of GOD one thousand, six hundreth, seventeen yeares, anent restitution of Chaptours of Cathedrall Kirkes, in all the Heads, Clauses, Exceptions, Limitations, and Restrictions thereof. And further, ordains, and declares, That all deeds done since the date of the said Act, or to bee done hereafter, whereby any member of any Cathedrall kirk, being an Office or dignity, hath, or shall be suppressed, or any Land, Parsonage, Vicarage, or other Living, belonging to the said dignity dissolved from the same, without an express warrant from his majesty, and consent of Parliament: are, and shall bee, with all that haue followed, or shall follow thereupon, Null, and of no force, nor effect: and shall bee so found in all time hereafter, by way of Action, exception, or reply. Providing always the marquis of HAMILTON His right to the Parsonage of Hamilton and Dalsorffe: The earl of mar His right to the Parsonage of Carnwoth: and any other person having lawful rights conform to the laws of the country, before the Act of Parliament, in Anno one thousand, six hundreth, and seventeen yeares, be no ways hurt, or preiudged herein. ACT. XII. Anent Packing, and peyling. FOR AS MUCH As by divers acts of Parliament it is statuted and ordained, That no person use Packing nor Peyling of wool, hides, nor skins, loss nor laid out with Free burrows, and privileges of the same: Notwithstanding whereof, divers strangers, and other inhabitants, within this realm, do continually resort to the Yles, and other places thereabout, with their ships, barks, and Crears, and other Vessels: and do not onely pack and peyle skins and hides; but also do transport from thence Butter, Tallone, and other forbidden Goods, to the great contempt of the said laws, and manifest defraud of our sovereign Lord his customs. For remedy whereof, Our sovereign LORD, With advice and consent of the ESTATES of this present Parliament, statutes, and ordains, that no strangers, nor Inhabitants within this realm, take vpon hand to pack or peyle any hides or Skins in the said places of the Yles, out-with the Free burrows: nor that they transport, take away, or carry forth of this country, any Butter, Tallone, or other forbidden Goods, under pain of tinsel and confiscation of the hides and skins so packed and peyled by them: and of tinsel and confiscation of the ship, and whole goods that the owner of the said forbidden goods hath within the same. AND ordains The sheriffs of the shires and their Deputies, and Over-Lordes, of the lands where the said skins and hides are packed, and peyled, or from whence the said forbidden goods are transported, To put this present Act to execution, as they will answer unto his majesty, upon their Office and Obedience. ACT. XIII. Anent the discharging of Protections: OUR sovereign LORD, and ESTATES of Parliament, Understanding that there may sundry Protections bee sought by Banckruptes, and others, who are addebted in great sums of money: whereby the execution due unto the Creditor, by the laws of the country, against the Debtor, may bee frustrate, To the great damage of the creditor. FOR remedy Whereof, IT IS Statuted, and Ordained, That hereafter the lords of Session shall grant no protection from any Execution due and competent against any man of the Law. AND Declares, That if any shall bee hereafter granted, the granter of the same shall bee subject and liable of the Law to the Creditor for the sum, from the which he hath granted protection. ACT. XIIII. Anent playing at cards and dice, and Horse-races. OUR sovereign LORD, And ESTATES of Parliament, Considering the manifold evils and inconveniences, which ensue upon Carding and dicing, and Horse-races, which are now over-much frequented in this country, to the great prejudice of the Lieges. And because honest men ought not to expect that any winning had at any of the games aboue-written, can do them good, or prospet; HAUE, therefore, statuted and ordained, That no man shall play at cards nor dice in any common-house, town, Hostelrie or Cookes houses, under the pain of forty pounds, money of this realm: to be exacted of the keeper of the said inns, or common houses, for the first fault: and loss of their liberties for the next. Moreover, That it shall not bee lawful to play in any other private mans house, but where the Master of the family playeth himself. And if it shall happen any man to win any sums of money, at Carding or dicing, attour the sum of an hundreth marks, within the space of twenty four houres: or to gain at Wagers upon Horse-races, any sum attour the said sum of an hundreth marks; The super-plus shall bee consigned within twenty four houres thereafter, in the hands of the Thesaurer for the kirk, if it bee in Edinburgh: Or in the hands of such of the kirk Session in the country Parochines, as collects and distributes money for the poor of the same. To bee employed always upon the poor of the parish, where such winning shall happen to fall out. And to the effect, that either excess in play may bee thus restrained: Or at the least, that excessive winning may bee employed as said is. OUR sovereign LORD, by acts of his supreme Court of Parliament, gives full power, and commission, to the bailies and Magistrates of burrows, the sheriffs and Justices of Peace, in the country, to pursue, and conveine all such persons, for all winning at cards, dice, and Horse razes, which shall happen to bee made by any person, by and attour the said sum of an hundreth marks, money aforesaid. And in case the Magistrate informed thereof refuse to pursue for the same, The party informer shall haue action against the said Magistrate, for double the like sum: The one half whereof to bee given to the poor, and the other half to the party informer, ACT. XV. Act declaring all Tacks set for longer space nor three yeares, without consent of the Patron, being persons under the degree of Prelates, since 1594. to be Null. OUR sovereign LORD, and the ESTATES of this present Parliament, Understanding, That divers beneficed persons, under the degree of Prealtes, haue taken occasion upon an Act made in our late Parliament, holden at Edinburgh, the twenty eight day of Junij, one thousand, six hundreth, and seventeen yeares, entitled, Anent the setting of tacks by Prelates, and other beneficed persons: To set tacks and Assedations of lands and Teyndes of their said benefice, or some partes and portions thereof, unto divers and sundry persons, for the said beneficed person his life time: and for the space of five yeares after his decease: without consent of the patron. Albeit the said Act of Parliament giveth no such liberty to any beneficed persons, under the degree of a Prelate, to set such tacks. But onely declareth, for what spaces a Bishop or other Prelate, may set: and for what spaces a beneficed man, under the degree of a Prelate, may set. Which was done by the ESTATES, to restrict the unbounded liberty used in setting of tacks for many life-rents, and nineteen yeares. And the said declaration no ways taketh away the lawful solemnities, required to the setting of the said tacks, either by consent of the Chaptour, or patron. Which still remaineth in the own force, underogate. otherways, it should bee lawful for a Prelate to set Ttckes for nineteen yeares, without consent of the Chaptour: which is altogether absurd. And seeing by an express Act, made in our sovereign lords fourteenth Parliament, holden at Edinburgh, the eight day of Junij, 1594. IT IS found, and declared, That no beneficed man, under a Prelate, within this realm, may in time thereafter, set longer tacks of Teyndes, or other pertinents of their bnfice, without consent of their patrons, but for the space of three yeares onely. Which Act standeth in full force, strength, and effect: and is no ways annulled, nor taken away, by the said posterior Act above specified. THEREFORE, His majesty and Estates foresaid, for eschewing of all controversy that may arise vpon the said last Act, Declares, That the said last Act makes no derogation unto the said first Act: And that all tacks set by beneficed persons under the degree of Prelates, since the said eight day of weak, 1594. of any part of their said benefice, longer then for the said space of three yeares, without consent of their patrons, are null, and of none avail, conform unto the said first Act above specified. ACT. XVI. Anent Mettes and Measures. OUR sovereign LORD, and ESTATES of Parliament, considering, That by the Act of Parliament holden in weak, 1617. there was a Commission granted unto certain persons therein nominate, for appointing and establishing a constant met and Measure, for buying and selling of victual within this realm. Which Commissioners gave out their sentence and determination, declaring the Measure and Furlot of Linlithgow, to bee the just and onely Furlot, which should bee used by all majesties Lieges, in buying and selling of victual. Notwithstanding whereof, there are many and great abuses committed in this kingdom, contrary to the said Act and determination of the said Commissioners: To the prejudice of His majesties Lieges. FOR remeide whereof, His majesty, and Estates foresaid, haue ratified, and approved: and by the tenor hereof, ratifies, approves, and confirms, the Act and Statute[ respective] above written, in the whole Heads and Conditions of the same: after the form and tenor thereof. And commands, and charges, all his majesties Liegas, and subiectes, To aclowledge, embrace, obey, and observe the same Act and statute,[ respective] in the whole heads and conditions of the same, in form and manner specially and particularly mentioned and set down thereintill, after the forms and tenors thereof, under all highest pain, charge, and offence, which they may incur, through their disobedience, and as they will be answerable thereanent. ACT. XVII. Anent the discharging of a perk to the Bow. OUR sovereign LORD, and ESTATES of Parliament, Understanding of the sraude, and frequent abuse, committed by many of His majesties subiectes, Buyers and Blockers of victual: who knowing that there are constant and settled measures, lawfully established, by the laws and statutes of this kingdom: By the which all sorts of victual universally ought to be bought and sold, according to the quantity appointed by the said mettes, without adding of any quantity to the same, or diminishing there-from. Yet not the less, when they make their bargains and conditions anent the buying of any particular quantity of victual, they by their vndirect dealing, many times cause the Seller agree to super-adde, and deliver unto them, by and attour the true quantity which is bought and sold at the prices convened vpon, some certain father quantity of victual, less or more, as they may best move the seller to condescend to, and for the which they are not subject in payment of any price, to the great prejudice of the Lieges and the manifest abuse and elusion of the Law. FOR REMEIDE Whereof, It is statuted and ordained, That it shall not be lawful for any of his majesties subiectes, to block, or agree, vpon the price of victual, more or less, except they first agree and condescend vpon the price of the first boll of the bargain: which being so agreed vpon, the said price shall rule the whole quantity of the rest of the bowls to be received by the buyer, who shall haue no eik, or addition of any further quantity, except vpon the payment of that same price, as is conditioned for the said first boll: And if any person contraveine this present Act, he shall pay the sum of forty shillings for every boll of victual received by him contrary to the tenor of this Act: and that by and beside the prices of the victual: the half of the said sum to his majesty and his Thefaurer, and the other half thereof to the party delator of the same. ACT. XVIII. A Ratification of the Act of the Lords of counsel and Session, made in Julie 1620. against unlawful Dispositions and Alienations, made by Divours and Banck-rupts. OUR sovereign LORD, with advice and consent of the ESTATES, convened in this present Parliament, ratifies, approves, and for his Highnesse, and His successors, perpetually confirms the Act of the Lords of counsel and Session, made against Dyvours and bankrupts, at Edinburgh, the 12. day of Julie, 1620. and ordains the same to haue, and take full effect, and execution, as a necessary and profitable Law, for the weal of all his Highnesse Subiectes, Of the which Act the tenor followeth. THE lords Of counsel and Session understanding, by the grievous and just complaints of many of his majesties good subiects, that the fraud, malice, and falsehood of a number of Divours and bankrupts, is become so frequent, and ayowed, and hath already taken such progress, to the over-throw of many honest mens fortunes, and estates, that it is likely to dissolve trust, commerce, and faithful dealing amongst Subiectes: Whereupon must ensue the ruin of the whole Estate, if the godless deceits of those bee not prevented, and remedied; who by their apparent Wealth in lands and goods, and by their show of Conscience, Credite, and honesty; drawing into their hands upon trust the Money, merchandise, and Goods, of well-meaning and credulous persons, do no ways intend to repay the same: but either to live ryetously, by wasting of other mens substance: or to enrich themselves, by that subtle stealth of true mens goods, and to withdraw themselves, and their goods, forth of this realm, to elude all execution of Justice: And to that effect, and in manifest defraud of their Creditors, do make simulate and fraudfull alienations, dispositions, and other securities, of their lands, Reversions, Teyndes, Goods, Actions, Debts, and others, belonging unto them, to their wives, children, Kinsmen, alleys, and other confident and interposed persons: without any true, lawful, or necessary cause: and without any just or true price interveining in their said bargains: Whereby their just Creditors, and Cautioners, are falsely and godlesly defrauded of all payment of their just debts: and many honest Families likely to come to utter ruin. FOR remedy whereof, the said lords, according to the power given unto them by His majesty, and His most Noble Progenitors, to set down Orders for administration of Justice: meaning to follow and practise the good and commendable laws, Civill and Canon, made against fraudfull alienations, in prejudice of creditors, and against the atuhors and partakers of such fraud; Statutes, ordains, and declares, That in all actions, and causes, depending, or to bee intended by any true creditor, for recovery of his just debt, or satisfaction of his lawful action and right: They will, decreet, and decern, all alienations, dispositions, assignations, and translations whatsoever, made by the debtor, of any of his lands, teyndes, reversions, actions, debts, or goods whatsoever, to any coniunct or confident person, without true, just and necessary causes, and without a inst price really payed, the same being done after the contracting of lawful debts from true creditors: To haue been from the beginning, and to bee in all times coming, Null, and of none avail, force, nor effect: at the instance of the true and just creditor, by way of action, exception, or reply: without further declarator. And in case any of His majesties good subiectes( no ways partakers of the said fraudes) haue lawfully purchased any of the said Bankruptes lands, or goods, by true bargains, for just and competent prices, or in satisfaction of their lawful debts, from the interposed persons, trusted by the said dyvours. In that case, the right lawfully acquired by him who is no ways partaker of the fraud, shall not be annulled in manner foresaid. But the receiver of the price of the said lands, goods, and others, from the buyer, shall be holden and oblished to make the same forthcoming to the behooue of the bankruptes true creditors, in payment of their lawful debts. And it shall bee sufficient probation of the fraud intended against the creditors, if they, or any of them, shall bee able to verify by writ, or by oath, of the party receiver of any security from the divour or bankrupt, that the same was made without any true, just, and necessary cause, or without any true and competent price: Or that the lands and goods of the dyvour and bankrupt being sold by him who bought them from the said dyvour, the whole, or the most part of the price thereof was converted, or to bee converted to the bankruptes profit and use. Providing always, that so much of the said lands and goods, or prices thereof so trusted by bankrupts to interposed persons, as hath been really paid, or assigned by them to any of the bankruptes lawful creditors, shall be allowed unto them, they making the rest forthcoming to the remanent creditors, who want their due payments. And if in time coming any of the said dyvours, or their interposed partakers of their fraud, shall make any voluntary payment, or right, to any person, in defraud of the lawful, and more timely diligence of another creditor, having served Inhibition, or used horning, arrestment, comprising, or other lawful mean, duly to affect the dyvours lands, or goods, or price thereof to his behooue. In that case the said dyvour, or interposed person, shall bee holden to make the same forthcoming to the creditor, having used his first lawful diligence: who shall likewise bee preferred to the concreditor, who being posterior unto him in diligence, hath obtained payment by partial favour of the debtor, or of his interposed confident: and shall haue good action to recover from the said creditor that which was voluntarily payed in defraud of the pursuers diligence. Finally, THE lords declares all such banckruptes, and dyvours, and all interposed persons, for covering or executing their frauds, and all others, who shall give counsel, and wilful assistance unto the said banckruptes, in the devising and practising of their said fraudes, and godless deceits, to the prejudice of their true creditors, shall bee reputed and holden dishonest, false, and infamous persons, incapable of all honours, dignities, benefice, and offices: Or to pass vpon inquests, or assizes: Or to bear witness in Iudgement, or out-with in any times coming. ACT. XIX. Ratification of the Act of counsel, anent the prices of Writtes, seals, &c. made 1606. OUR sovereign LORD, With advice and consent of the ESTATES of Parliament, Having considered the Act and Ordinance of Secret council, made anent prices, set down to bee taken by all Writers, Clerkes. Keepers of seals, and others, particularly expressed in the said Act. Which is of the date at Edinburgh, the fourth day of february, one thousand, six hundreth, and six yeares, Hath ratified and confirmed the same, in every point and Article thereof. Which all and sundry the premises, Our sovereign Lord, with advice and consent foresaid, ratifieth, and approveth, in all poyntes, in manner as the same proportes: and gives unto them the strength of laws, and acts of Parliament: and ordains execution to pass vpon the same as effeires. Apud EDINBURGH, quarto die mensis Februarij 1606. THE lords Of secret counsel and Session, considering the great extortion used by the Writers and Clerkes of all Judicatories within this realm, in extorting from the subiectes of the country, such unreasonable and exorbitant prices, for their Writtes, as ought not to bee suffered in a well-governed Common-wealth: Procuring thereby not onely private grudges, but public exclamations, against the with-gate and liberty granted unto such shameful scafferie and extortion, highly to his majesties offence, and contempt, hurt and prejudice of His majesties good subiectes, and to the reproach and slander of the Judges, under whose Office and judicatories the said Clerkes and Writers serve. FOR Remeide whereof in times coming, The lords of secret counsel and Session, haue set down the prices of all Letters, acts, Infeftments, and Writtes, proper unto whatsoever Clerkship within this realm: together with the prices of the Signet, privy and Great seals. Whereby the subiectes of the country may know, and understand, what prices they ought to give for every Letter, writ, Extract, and seal hereafter, and bee no ways subject to the vndiscretion of the Writers, and Keepers of the seals. Which prices now set down, by the said lords, for the ease, benefit, and relief of the subiectes of the country, The said lords ordains, and commands, all, and sundry Writers, and Clerkes, and the Keepers of the seal: every one in their own several Charge and Office, To observe and keep, and in no ways to exceed the said prices, vpon whatsoever colour or pretence: under the pain of Deprivation of the contravener from the Office, and seal, which he possesseth. And ordains, and commands, the said Clerkes, and Writers, To writ all their Letters, acts, Writs, Registers, and such other things as pass thorough their Office and hands, compactlie, and in no ways to abuse the People with disperse writing: under the pain to be censured and punished, as abusers of His majesties subiectes, and as contraveners of the said lords Ordinance, now set down anent the said prices. commanding and charging also all, and sundry Clerkes and Writers, bearing public Function and Charge within this kingdom, That they, and every one of them, within the space of a month after the date hereof, haue the just and authentic of this Act, and of the prices following thereupon, affixed in some public and patent place of their Buith, and chamber where they writ: where thorough all his majesties subiects having ado with them, may haue inspection of the same: and accordingly, know what to pay. And that the said Writers, and Clerkes, shall writ vpon the backs of all Writs to bee given out by them, the just and ordinary price which they receive from the party for their pains: and subscribe the same with their hands, under the said pain of deprivation of the contravener. The prices set down to the Clerkes of our sovereign lords Signet, to be taken hereafter for all Signatures, to be formed, and written by them. one Signature of Escheat to pay Ten shillings. one Signature of Escheat and Life-rent, xx. shall. one signature of Ward, Non entres, relief, and marriage, xx. shillings. one signature of Marraige onely, Non entres onely, or relief onely. x. shillings one signature of whatsoever Infeftment, Resignation, or Confirmation, or Erection, for the first sheet thereof, xxx. shillings And for every sheet more, beside the first sheet, xx. shillings The Precepts upon the signatures to pay accordingly as the signature payeth. A Remission, or Respite, x. shall. The Precept upon the Remission, x. shall. one presentation to a Parsonage and Vicarage, xiii. shall. iiii. d. one signature of a bishopric, or abbacy, containing a sheet of paper, xxx. shillings And for every sheet more than one, which the signature contains, xx. sh. The Precept thereof to pay accordingly Other common signatures of Pensions, Prebendaries, Chaplainries, or gifts of Offices. xiii. shillings, iiii. pennies prices set down to the Keepers of the Theasaurers Register, to be taken hereafter of all such Gifts and Signatures as pass the said Register. THE Escheat of any common man, vi shillings. viii. pennies And for every person more that shall bee contained in the signature, iii. shillings, iiii. pennies. Providing that the payment[ per capita] exceed not ten persons. Their escheat and Life-rent to pay the double of the same sums. The escheat of a baron, xiii, shillings, iiii. pens. And for every person of that rank, contained in the signatur, vi. sh. viii. d. Providing that the payment[ per capita] exceed not ten persons: and their escheat and Life-rent, to pay the double of the same sums. The escheat of a Lord of parliament, xl. shillings. And for every person more of that rank, contained in the signature, xx. shillings. Providing that the payment[ per capita] exceed not ten persons: Their escheat and Life-rent to pay the double of these sums. one legitimation, xiii. shillings, iiii. pennies. one Remission, or respite to a common man, vi. shillings, viii pennies. And for every person more of that rank, contained in the said signature, iii. shillings, iiii. pennies. The remission, or respite, of a baron, xiii. shillings, iiii. pennies. And for every person more of that rank, contained in the signature, vi. shillings, viii. pennies. The remission, or respite of a Lord of parliament, xl. shillings. And for every person more of that rank, contained in the same signature, xx. shillings. one signature of Infeftment of a five pound land, or under, xx. shall. one signature of Infeftment of a Ten pound land, or under, xxx. shall. one signature of Infeftment of all other lands, under a barony, or thirty pound land, xl. shillings. The Infeftment of a barony, l. shillings. The Infeftment of an earldom, or Lordship, iiii. pounds. The ward, Non entres, relief,& Marraige of a Yeoman. xiii. sh. iiii. d. Of a Barrone, xxvi. shillings, viii. pennies. Of a Lord of parliament, iiii. pounds. prices set down to the Keepers of the Collectors Register, to bee taken hereafter of all such Letters as pass that Register. one Infeftment of a five pound land, or under, xx. shall. one Infeftment of a Ten pound land, or under, xxx. skill. one Infeftment of all other lands, under a thirty pound land, or barony, xl. shillings. The Infeftment of a barony, l. shillings. The Infeftment of a Lordship of parliament, iiii. pounds. prices set down to the Keepers of the Register of benefice, to bee taken hertafter of all such Letters as pass that Register. PRESENTATIONS to a Vicarage, with the Act of Caution, xx. shillings. Presentation unto a Parsonage, with the Act of Caution, xl. shillings. one abbacy, iiii. pounds. one bishopric, vi. pounds. prices set down to the Writers to the privy seal, to bee taken hereafter of all such Letters and writtes as pass that Office. THE escheat of a Common man, xiii. shillings, iiii. pen. And for every person more of that rank, contained in the signature, vi. shillings, viii. pennies. Providing that their payment( per capita) exceed not ten persons: Their escheat, and Life-rent, to pay the double of these sums. The Extract of the said escheat and Life rent, xiii. shall. iiii. pennies. The Escheat of a baron, xxvi. shillings, viii. pennies. And for every person more of that rank, contained in the signature, xiii. shillings, iiii-pennies. Providing always that the payment( per capita) exceed not ten persons. Their escheat, and Life-rent to pay the double of this sum. The Extract of this escheat, and Life-rent, xx. shillings. The escheat of a Lord of parliament, iiii. pounds. And for every person more of that rank, contained in the signature, xl. shillings. Providing that the payment( per capita) exceed not ten persons. Their escheat, and Life-rent to pay the double of the said sum. The Extract of this escheat, and life-rent, to pay xl. shillings. Signature of a Vicarage, xx. shillings. Signature of a Parsonage, xl. shillings. Signature of a bishopric, x. pounds. Signature of an abbacy, vi. pounds. one legitimation, xx. shillings. one remission, or respite, to a common man, x. shillings. And for every person more of that rank, contained in the signature, v. shillings. A remission, or respite, to a baron, xx. shillings. And for every person more of that rank, contained in the signature, x. shillings. one remission, or respite, to a Lord of parliament, iii. pounds. And for every person more of that rank, contained in the signatur, xxx. sh. one Infeftment of a five pound land, or under, xxx. shillings. one Infeftment of a Ten pound land, or under, xl. shillings. one Infestment of all other lands, under a thirty pound land, or baronies, iii. pounds. one Infeftment of a barony, iiii. pounds. one Infeftment of a Lordship of parliament, vi. pounds. The ward, Non entress, Marriage, and relief, of a common man, xx. shillings. Of a Barrone, xl. shillings. Of a Lord of parliament, v. pounds, vi. shillings, viii. pennies. prices set down to the Director of the chancellary, to bee taken hereafter of all such Letters and writtes as pass that Office. LEgittimations, xl. shillings. Remissions to a Yeoman, xl. shillings. And for every person more then one contained therein, xx. shillings. Remission to a baron, iiii. pounds. And for every person of that rank, more than one contained therein, xl. shillings. Remission to a Lord of Parliament, vi. pounds. And for every person of that rank, more than one contained therein, iii. pounds. The writing and registering of a Confirmation, or Infeftment, of a five pound land, or under, with the Precept of seizing thereupon: duly and orderly past the Quarter seal, iiii. pounds The writing and registering of a Confirmation or Infeftment of a Ten pound Land, or under, with the precept of seizing following thereupon, duly and orderly past the Quarter seal. v. pounds. The writing and registering of a Confirmation, or Infeftment, of all other lands, under a barony, or thirty pound land, with the precept of seizing following thereupon, duly& orderly past the Quarter seal, vi. pound The writing and registering of an Infeftment of a barony, with the precept of seizing, past the Quarter seal. x. pounds. And for every barony, more then one contained therein, v. pounds. Providing that the whole payment exceed not xx. pounds. The writing and registering of an Infeftment of a Lordship, or earldom, with the precept of seizing past the Quarter seal, xx. pounds. And for every barony, more then one contained therein, v. pounds. Providing that the whole payment exceed not l. pounds. Commissions orderly past the Quarter seal, for serving of Brieues in favour of a Yeoman, xl. shillings. Commissions sealed in favours of of a baron. iii. pounds. Commissions sealed in favours of a Lord of Parliament, vi. pounds. Tutorie Datiues, duly and orderly sealed, xl. shillings. For the whole persons contained in the Tutorie. Presentations vpon forfaulter, or bastardrie of small Annuell-rents, or lands within Burgh: and of small pieces of lands, for the writing and Quarter seal, xl. shillings. And of other lands of greater avail, v. pounds. one Brieue, v. shillings. one attorney, ii. shillings. The registering of a Retour to a common man, xiii. shall. iiii. pennies To a baron, xxvi. shall. viii. pennies To a Lord of Parliament, xl. shillings. Precepts upon the Retour for lands, under a Ten pound land, xl. shall. And if the lands bee above a Ten pound, to pay accordingly: providing that the highest price exceed not iiii. pounds. The second and third Precepts, xx. shillings. The fourth Precept, conform to the first Precept. summons of error, past the Quarter seal, iiii. pounds. And in case it contain many remissions, not to exceed vi. pounds. prices set down to the Writers to the Signet, to bee taken hereafter, of all Letters, summons, and Writtes, which pass their hands.( Excepting always Signatures, the prices whereof are already set down.) ADvocations, and Suspensions, xiii. shillings, iiii. pennies. For the first sheet: and for every sheet more which it containeth, besides the first sheet, x. shillings. All common Letters, x. shillings. contracts for the first sheet, xxx. shillings. And for every sheet more, which it containeth, xx. shillings. summons of a sheet of paper, xiii. shillings, iiii. pennies. And for every sheet more which it containeth, x. shillings. prices set down to the ordinary Clerkes of the Session, to be taken hereafter of all such Letters, acts, and Writtes, as pass that Office. THE registering of an Obligation, xiii. shillings, iiii. pennies. The Extract thereof, xiii. shillings, iiii. pennies. Act, and Letters, xx. shillings. An Act of Litis Contestation, in summare and common causes, for every sheet of the Act, and of the Decreet, xx. sh. And in matters of contentious Disputation, heard in presence of the said lords, The price of the Act of Litis Contestation, to bee at the discretion of the party. Common& ordinary Extracts, for every sheet extracted, xiii. sh. iiii. d. The registration to pay as much. Prices set down to the clerk of the bills, before the Session, to bee taken hereafter, of all bills and acts proper to that Office. bills, iiii. pennies. acts of Caution, with the relief, xx. shillings. Commissions, xiii. shillings, iiii, pennies. Dispensations in favours of a party, iiii. pennies. And for a Shyreffdome, Stewardrie, or Burgh, vi. sh. viii. d. acts of Lawe-boorrowes, For every person contained in the Act. vi. shillings, viii. pennies. Advocations, xx. shillings. Relaxations( per se) vi. shillings, viii. pennies. And for every person contained therein accordingly. prices set down to the clerk of the privy counsel, to bee taken hereafter of all such Letters and writtes as pass that Office. LEtters of Complaint, containing a sheet of paper. xx. shall. And for evehie sheet attour the first sheet, x shillings. Letters of Law borrows, xiii. shillings, iiii. pennies. An act of Caution, with the relief, xx. shillings. An act of Law-Borrowes, for every person contained inahe act. vi. shillings, viii. pennies. Decreetes of a sheet of paper, xxvi. shillings, viii. pennies. prices set down to the Clerkes of the Exchequer, to bee taken hereafter of all writs which pass that Office. ITEM, for writing, rolling, and extracting of a sheriffs count, iii. pounds, vi. shillings, viii. pennies. Item, for writing, rolling, and extracting of a chamberlains count, iii. pounds, vi. shillings, viii. pennies. Item, for writing, rolling, and extracting of a Burrow count, xx. shillings. Item, for writing an Extract of a Rentall, vi. shillings. viii. pennies. Item, For writing of a count unto any person, forth of the controller, or Thesaurers counts, vi. shillings, viii. pennies. Item, for allowance of a Gift in the Exchequer, vi. shillings, viii. pen. Item, for writing, rolling, and extracting of a custom count, xx. shall. Prycees set down to the Keeper of our sovereign lords Signet, to bee taken hereafter, for all Letters, and writtes, which pass the Signet. FOr Summondes, of whatsoever quality, x. shillings. For letters of Inhibition, and arrestment, xvi. shall. viii. pen. For letters of Law-Borrowes, and criminal letters, how many persons soever bee insert, x. shillings. For Ministers letters, x. shillings. For all letters of Horning, of whatsoever quality: Except letters of Law-Borrowes, and criminal letters. xxxi. shillings, viii pennies. A Relaxation, x. shillings. And accordingly for every person relaxed: or composition at the discretion of the Keeper of the Signet. For a legitimation, xx. shillings. For one Infeftment, or Confirmation, of a five pound land, or under. xxx. shillings. For one Infeftment, or Confirmation, of a Ten pound land, or under, xl. shillings. For one Infeftment, or Confirmation of other lands, under a thirty pound land, or barony, l. shillings. For a Infeftment of one barony, iii. pounds. And of so many more different baronies as are contained in the Signature, iii. pounds. For an Infeftment of an earldom,& Lordship of dignity, vi. pounds. And for every barony beside, contained in the Signature, iii. pounds. For comprysings, xl. shillings. For an abbacy, vi. pounds. For a bishopric, x. pounds. For an Arch-bishopricke, xii. pounds. And if an abbacy bee included, to pay vi. pounds. For a Remission to a common man, xx. shillings. And accordingly for every person contrined in the same remission, and for every crime. For a Remission unto a baron, xl. shillings. And accordingly, for every person of that rank, and for every crime contained in the Signature. For a Remission to a Lord of parliament, iii. pounds. And accordingly, for every person of that rank, and for every crime contained in the Signature. For a Remission to a Lord of parliament, iii. pounds. And accordingly, for every person of that rank, and for every crime contained in the Signature. A patronage being insert in a barony, to pay the half price that the barony payeth at the Signet. A taxed ward being insert, to pay likewise the half price that the lands or barony payeth at the Signet. A regality to pay the whole price that a barony payeth at the Signet. prices set down to the Keepers of the privy seal, to be taken hereafter, for all letters and Writtes that pass the seal. FOr the escheat of a common Man, xxvi. skill. viii. d. And for every peson more contained in the Signature, xiii. shillings, iiii. pennies. The life-rent, and escheat to pay the double of this sum. For the Escheat of a baron. liii. shillings, iiii. pennies. And for every person more of that rank, contained in the Signature, xxvi. shillings, viii. pennies. Their escheat and life-rent to pay the double of this sum. The Eeheate of a Lord of parliament, viii. ponnds. And for every person more of that rank: contained in the Signature, iiii. pounds. Their escheat and life-rent to pay the double of this sum. For a Vicarage, xl. shillings. For a parsonage, iiii. pounds. For an abbacy, xii. pounds. For a bishopric, xx. pounds. For an archbishopric, xxiiii. pounds. And if an Abbaeie be included, to pay xii. pounds. For a legitimation, xl shillings. For a Remission, or Respite, to a common man, xl shillings. And accordingly, for every person, and every crime, contained in the Signature. For a remission, or respite, to a Barrone, iii. pounds. And accordingly, for every person more of that rank, and for every crime contained in the signature. For a respite, or remission, to a Lord of Parliament, vi. pounds. And accordingly, for every person of that rank, and for every crime contained in the signature. For one Infeftment, or Confirmation, of a five pound Land, or under, iii pounds For the Infeftment, or Confirmation of a ten pound Land, or under, iiii pounds. For the Infeftment, or Confirmation, of all other lands, under a thirty pound land, or barony, v. pounds. For an infeftment, or confirmation of a barony, vi. pounds. And for every barony more contained in the said Infeftment, iii pounds. For an Infeftment, or Confirmation, of an earldom, or Lordship of dignity, xii. pounds. And for every barony Beside, contained in the Infeftment, vi. pounds. For a comprising, iiii. pounds. For a Patronage, insert in a barony, the half price of the privy seal. For a taxed Ward, the half price that the Land or barony payeth at the privy seal. For one regality, the whole price that the Barrone payeth at the privy seal. For the ward, Non entress, relief, and Marriage of men under Barrones. xl shillings For the ward, Non entress, relief, and Marriage of a Barrone, iiii. pounds. For the ward, Non entress, relief, and Marriage of a lord of Parliament, x. pounds. For the ward onely of a mean man, xxx. shillings. For the ward onely of a Barrone, iii. pounds. For the ward onely of a Lord of Parliament, v. pounds. For the Non entress onely of men under Barrones, xx. shillings. For the Non entress onely of Barrones, xl shillings. For the Non entress onely of earls and Lords, iii. pounds. For the Marriage onely of Men under Barrones, xxx. shillings. For the Marriage onely of Barrones, iii. pounds. For the Marriage onely of Lords of Parliament, v. pounds. For common gifts of Prebendaries, Chaplainries, Pensions, or Offices, xxx. shillings. prices set down to the Great seal, to betaken hereafter, for all such Infeftments and Writtes as pass that seal. THAT The Keeper of the Great seal exceed not the Quadruple of the privy seal: but conform himself thereunto in all poyntes. Anent Chamber Fees. THE lords of secret counsel, and Session, finds, That in times by gone, when the duty of the Chamber Fees first came in custom, That no Infeftment, or Signature payed Chamber Fee: except onely Resignations made in the KINGS Hands. And therefore the said Lords declare, statute, and ordain, That in all time coming, no Infeftment, nor Signature, shall pay Chamber fee: Except onely Resignations of lands holden of his majesty. And that the duty of the Chamber fee to be taken for the said Resignations, shall bee equal, and proportional unto the duty and price due to the privy seal for the lands which shall bee resigned. commanding hereby, His majesties Usheares, and their Deputies, appoynted for collecting of their said Fee: That they in no ways violate this present Act: but conform themselves thereunto in all points, as they will answer upon their obedience. And that the Keeper of the Signet, and privy seal, in no ways stay nor hinder any Letter, or writ, at their seals, for alleged not payment of the Chamber Fee, under pain of Deprivation. prices set down to the Procurators fiscal, to bee taken hereafter for forming of Testaments. FOR small Testaments, wherein there is little gear, and a mean Quote, xiii. shillings, iiii. pennies. For Testaments wherein there is much gear, and a great Quote, xx. shillings. For the Testament of earls, lords, and great Barrones, for every sheet xxx. shillings. prices set down te the commissary Clerks, to be taken hereafter of all such Letters and Writs as pass their Office. one Summondes( Ad Instantiam) with the Signet, viii. pennies. one libeled summons, not exceeding half a sheet of paper, compactly written, ii. shillings. The libeled summondes, exceeding half a sheet of paper, iii. shillings. The putting of an Act into the book, iiii. pennies. And further, as the writing shall bee of quantity, at the discretion of the Judge. And the Extract of the same as much: and further, at the discretion of the said Judge. The summons, to summoned Witnesses: whether the party, or his procurator be warned,[ apud acta] or not, viii. pennies. For pronouncing of sentences in small actions, of the avail of twenty pounds, or within: which were wont to bee called Decreetes, iii. shillings, iiii. pennies. For pronouncing of sentences in causes of greater avail, vi. sh. viii. d. The precept Executoriall upon the sentence, ii. shillings. The Inhibition, ii. shillings. Precepts of arrestment, ii. shillings. For summondes to hear Executors( Datives) given, ii. shillings. For registering of contracts, Obligations, or such like Evidents, not exceeding half a sheet of paper, iii. shillings, iiii. pennies. For registering of the same, exceeding half a sheet of paper, vi. sh. viii. d. The Extract thereof subscribed by the principal clerk, half as much. The Transumpt of Evidents, or Writings, under the seal of Office, xiii. shillings. iiii. pennies. The Extracting of process, written compactly: each leaf on both the sides, ii. shillings. The registering of a Testament, containing a sheet of paper, xxvi. sh. viii. d. And if it exceed a sheet, xxxiii. shillings, iiii. pennies. prices set down to the sheriff Clerkes, Steward and Baylie Clerks, and Clerks of regality: and to Clerks in Services, by Commission, to bee received by them, for all such Letters, acts, and Writs, as pass their Offices. FOR a libeled precept, being formed by the clerk, sealed, and subscribed, xiii. shillings, iiii. pennies. And if it be not formed by the clerk, for the subscribing and sealing, vi. shillings, viii. pennies. For a precept of arestment, with the seal therof, vi. sh. viii. d. For an act of lowsing of arrestment, vi. shillings, viii. pen. For the act of Law-borrowes, taken at the bar, vi. skill. viii. pennies. For an act of Curatorie, with the Edict, process, and Extract thereof, xxvi. shillings, viii. pennies For an act of Revocation, or Renunciation, given in writ to bee registrated, vi. shillings, viii. pennies. And the lords of secret counsel expressly prohibit, and discharge, THAT no act of revocation or renunciation, bee received by judicial compearance, without a warrant in writ, bearing registration. For Extract of the revocation, or renunciation, vi. shall. viii. pennies. For act and precept of Continuation, in all causes, vi. shall. viii. pen. For one act of Litis Contestation, with the precept of Diligence, containing a sheet of paper, or within, x. shillings. And in case it be more then a sheet, that the payment exceed not xx. sh. For booking and extracting of every Decreet, within a sheet, x. sh. And for every sheet more that exceeds the first sheet, written compactly, vi. shillings, viii. pennies. Providing always that the decreet exceed not how long soever the decreet bee. xl. shillings. For a precept to poynd, eject, and remove, x. shillings. For deducing of a process, to serve a general heir: and for extracting and sealing the retour thereof, xxx. shillings. For the process of a special service to lands, with the retour extracted, and sealed thereupon, comprehending herein the opening and proclaiming of the Brieves, Forming of the claims, and all things to bee done in the process, if the lands extend to a forty pound land, or within, iiii. pounds. And if it exceed a forty pound land, to pay xii. pounds. For an Instrument of seizing upon the retour, iiii. pounds. And if it bee a barony, and Lordship of land, dispensing with the seizing, to bee taken at a place, and if the lands lie discontigue, and far from the sheriffs residence: that they exceed not x. pounds For registering of Letters of Horning, upon a simplo charge, or four forms, as well in the books of the Clerkes foresaid, as in the clerk of Registers books, for every sheet thereof vi. shillings, viii. pennies. And not to exceed how long soever the horning be. xx. shillings For Inhibitions, and Relaxations, how long soever they be, xx. shall. For every sheet of all extracted processes, which the Writer shall bee holden to writ compactly, under pain to bee punished, in case he fail. x. shillings, prices set down to the Clerkes of the Admiralitie, to be taken hereafter, for all Letters, Acts, and Writtes, as pass that Office. FOR a libeled precept, being formed and written by the clerk, and sealed, and subscribed, xiii. skill. iiii. pennies, And if it be not formed by the clerk, for the subscribing, and sealing thereof, vi. shillings, viii. pennies. For the precept of arrestment, with the seal thereof, vi shillings, viii. pennies For the act of lowsing of arrestment, vi. shillings, viii. pennies. For an act and process of continuation, in all causes, vi. shall. viii. pen. For an act of Litis Contestation, with the precept of Diligence, containing a sheet of paper, o. within, x. shillings. And in case it be more then a sheet, that the payment exceed not xx. shall. For Booking and extracting of every decreet, within a sheet of paper, x. shillings. And for every half sheet more that exceedeth the first sheet, which the Lords ordain to be compactly written, vi. shillings, viii. pennies. It is always ordained, and commanded, by the said Lords, That the payment exceed not xl. shillings. how long soever the decreet bee. For a precept to poynd, x. shillings. For every sheet of all extracted Processes, which the Writer shall bee holden to wrlte compactly, under the pain to bee punished, in case he fail, x. shillings. prices set down to the Keepers of the Secretaries Register, to bee taken hereafter, for all such Letters as pass that Office. THE Lords of secret counsel and Session, command, and ordain the Clerkes, Keepers of the said Registers of the secretary, That they and every one of them conform themselves in their prices, to the acts of Parliament, made anent the the prices of such Letters and Writtes, as pass through their Registers: And, that they in no ways presume to exceed the said prices, under the pain of deprivation. prices set down unto the Clerkes within Burgh, to bee taken hereafter, for all such Letters, acts, and Writtes, as pass the Office of common Clerkship within Burgh. THE claim of debt, in matters of small importance, xii. d. The Act of Court, The first Day, and all acts, before Litis Contestation, viii. pennies. The Act of Interloquutor, or Litis Contestation, xii. pennies. The Acts of probation,( usque ad sentent iam) xii. pennies. The Extract thereof, for calling the action, and warning the party, and Witnesses, xii. pennies. The sentence pronouncing in small causes, ii. shillings. And in great causes not to exceed vi. shillings, viii. pennies. The Extract thereof, vi. shillings, viii. pennies. In great causes, exceeding xl. pounds. the claim being made by libeled precept, for every precept forming, and subscribing, vi. shillings, viii. pennies. The acts thereof, xii pennies. The Act of Interloquutor booking, xii. pennies. The Extract thereof, iii. shillings, iiii. pennies. The sentence pronouncing and booking, vi. shillings, viii. pennies. The extract of each sheet thereof, compactly written, vi. shall. viii. pen. All the acts in the process: every act xii. pennies. The precept of poynding, ii. shillings. The Booking of Goods comprised by Officers, vi. shillings, viii. pennies. The process of comprising of lands, or annuell-rentes, each sheet compactly written, viii. shillings, viii. pennies. Every act thereof, xii. pennies. Every claim of injury, which passeth not unto an Assyse, but Witnesses examinate thereupon, xii pennies. every ditty of strokes, and blood, xii. pennies. The depositions of witness: every person xii. pennies. Commission for examination of witness, direct to other Iudges, vi. sh. viii. d For proclaiming of the Brieue, vi. shillings, viii. pennies. For endorsing of the Brieue, iii. shillings, iiii. pennies. For making of the claim in a general service, iii. shillings, iiii. pennies. For making of the claim in a special service, vi. shillings, viii. pennies. For the acts of objecting, and replies, xii. pennies. For Booking and Extracting of a general service, and directing of the retour, xx. shillings. For Booking and Extracting of a special service, and directing of the retour, for a tenement, xxx. shillings. For two tenements, xl. shillings. And if there bee more tenements, the whole payment not to exceed, iii. pounds. For an Instrument of seizing upon a general service, iii. pounds. For an Instrument of seizing upon a special service, iiii. pounds. A Charter of Alienation, xl. shillings. And for every Land more than one contained in the Charter, vi. sh. viii. d. Providing that the whole payment exceed not iii. pounds. A Procuratorie of Resignation, iii. pounds. And for each land more than one contained in the Procuratorie, vi. sh. viii. d And the whole payment not to exceed xlvi. shillings, viii. pennies An Instrument of Resignation, xxx. shillings. A Conrract of Alienation, containing a sheet of paper, xx. shillings. And for every sheet more than one, x. shillings. The registering of every sheet thereof, x. shillings. The extract and subscribing of every sheet, x. shillings. For a Reversion, written upon parchment, xl. shillings. And in case of more lands, not to exceed liii. shillings, iiii. pennies. The booking and extracting of every sheet of whatsoever contract, x. shall. Charter parties, of each party of two, vi. shillings, viii. pennies. Indentures of each party of two, vi. shillings, viii. pennies. Booking of prentices, ii. shillings. The Extract thereof, ii. shillings. Act of Creating of a burgess, and Extract thereof, xii. shillings. The guild Ticquets, xii. shillings. The Entry of Ships and boats, and extract thereof, iii. shillings, iiii. pen. THE lords Of Secret counsel, and Session, ordains and commands, That no process be granted before inferior Iudges in the first summons: but upon libeled Precepts, and Citation of fifteen dayes warning, conform to the Act of Parliament. And ordains these presents to be published, and Imprinted. ☞ ATTOUR, Our sovereign Lord, with consent foresaid, hath[ simpliciter] discharged the whole Subiects and Lieges of this realm, of all such by-gone penalties, unlawes, and punishments, which they, or any of them haue incurred through breaking and violating of the said Act of counsel in any time by gone, preceding the date hereof: and decernes the same, to bee of strength, force, and effect, against the transgressors thereof, in all time coming onely. AND FURTHER, Our sovereign Lord, with consent foresaid, Giveth, and granteth, full power and commission, unto the Lords of His Highnesse privy counsel, To take order for setting down and appointing of such particular prices, as are omitted to be set down by the said Act of counsel. And whatsoever the said Lords of privy counsel, shall determine and ordain in the premises, Decernes the same to haue the strength and force of an Act of Parliament, in all time thereafter. ACT. XX. Act, ordaining Annuell-rent to be due after Horning. OUR sovereign LORD, and ESTATES of Parliament, considering the great prejudice which divers of His majesties Lieges sustain by the want of their money, lent and given forth upon Band, or Contract, or other ways justly owing unto them, by their Debtors: who having used all Execution competent to them by Lawe, against their debtors, by charging, and putting of them to horn: are forced, after many yeares, to receive their principal sum, and penalty, without any satisfaction of their annuell-rent, and interest of their money in the mean time. Which, as it is a prejudice unto the true Creditors: so it is an occasion to the debtors to contemn His majesties charges, and Letters of Horning: who resolve in end to pay no more for relief of the Horning, after many yeares delay, than they were oblished unto at the beginning. FOR remeide whereof, His majesty, with advice and consent of the Estates of Parliament, statuteth and ordaineth, That whensoever any person is denounced rebel, and put to the horn, for not payment of sums of money, owing by him, by band, contract, or otherways: That after the said denunciation, the said person so denounced, shall bee subject in payment of of Annuell-rent for the said sums for the which he is put to the horn, and that of all yeares and terms from the date of the said denounciation, unto the time of the payment of the same: and that notwithstanding there bee no paction, nor condition of annuell-rent made betwixt the said parties, which may bind the said party who is denounced rebel, unto the payment thereof. And such persons as are now standing rebels, and at the horn, This Act shall not work against them,( quo ad praeterita,) But shall haue strength and force against them in time coming, From the Feast of Martinmesse next in this instant year of GOD, one thousand, six hundreth, twenty and one yeares: and they shall begin to bee subject in payment of annuellrent at that time, and yearly and termly thereafter, until the payment of the principal sum. ACT. XXI. Anent Servants, going louse, and leaving their Masters service. OUR sovereign LORD, And ESTATES of Parliament, understanding the great straytes and necessities, whereunto to poor Labourers of the Ground are driven, and constrained: Especially by the fraud and malice of Servants, who either refuse to be hired, without great and extraordinary Wages promised unto them: Or otherways hire themselves onely from Martinmesse to whitsunday: after the which term of whitsunday, they cast themselves louse, of purpose and intention, to make their gain and advantage by the extraordinary works which befall in that season, betwixt whitsunday and Martinmesse: such as casting and winning of Peats, Turfs, fuel, Divots, building of Fold dikes, shearing in the harvest. For doing whereof they know the said Husband-men, who haue necessary ado therewith, will be forced to hire them at daily and weekly wages, and such high rate as they please, to the great harm of the Labourers of the Ground, and all his majesties subiects. FOR remeide whereof it is statuted, and ordained, That it shall not be lawful for any hired servant, from Martinmesse to whitsunday, To leave his Master at the said term of whitsunday, and to run louse in that service: Except he bee able to verify to the Justice of Peace, or Constable of the bounds, That he is hired unto another Master, from the said Feast of whitsunday to Martinmesse thereafter. And if it be found, that he is not hired to another Master: Then, and in that case, it is declared. That it shall be lawful unto his present master to keep, and detain him, from the said Feast of whitsunday, unto Martinmesse, for payment to him of such Wages as he payed unto him of before. And if he refuse to serve, that the Justice of Peace shall haue power to compel him thereunto. And if the said servant of the quality foresaid, break louse from his Master, It shall bee lawful for his Master to take and apprehended him, wheresoever he findeth him, and present him unto the Constable, or Justice of Peace, upon the ground where he shall be found; who shall haue power to compel the Servant to return unto his former Master,( if it be found that he be masterless, and none otherways) AND such like, His majesty, and Estates, finds, and declares, That it shall be lawful unto all His majesties Lieges, who haue necessary ado with Labour, To take, apprehend, and employ, in their Works, whatsoever louse and masterless Men, and Women, whom they shall find within their own Bounds. And suchlike, that the Justices of Peace, and Constable, shall haue power, at the instance and desire of whatsoever person His majesties Lieges, to force, and compel all, and whatsoever louse Men and Women, to serve for competent hire and Wages. ACT. XXII. Anent Connterfeyting, and making of false Writtes. FOR Eschewing the danger wherein many of His Majesties Lieges stand, by counterfeiting and falsifying of Evidents: IT IS statuted, and ordained, That whosoever maketh and useth a false Writ, or is accessory to the making thereof, shall bee punished shith the pains due unto committers of false-hood. AND it shall not be lawful for any person, counterfeyter, falsifier, or accessory, whatsoever, to declare in judgement, that he passeth from the Writ quarreled of falsehood. But if after the trial, the Writ quarreled be found false, the passing from, or declaration of the party, that he will not use the same, shall no ways free him from the punishment which is due unto those who commit falsehood. ACT. XXIII. A general pardon for deeds done against penal statutes:( some few excepted) And a discharge of james Cranston his Commission. OUR sovereign LORD, and ESTATES of this present Parliament, considering the complaint made by the barons, sheriffs, stewards, bailies, and other Free-holders within this kingdom, concerning the danger which all our sovereign Lords Lieges do daily under-lye, for having transgressed penal Statutes, which haue a pecunial, or arbitrary pain adjected thereunto: And the great hurt and prejudice sustained, by granting Commissions unto private persons, for execution of the same statutes, which haue been used amongst the common people, at sundry times, with intolerable rigour, and exaction, of before: HAUE discharged, freely pardonned, and remitted: DISCHARGES, freely pardons and remits, all contraveners of any of the said penal statutes, for all deeds done by them contrary to the tenor of the same statutes, in times by-gone. Except onely the statutes concerning wearing and bearing of Hagbuts and Pistolets: Taking of unlawful usury: Transporting of Money and Gold: And slaying of read and black Fish: Which are no ways discharged by this present Statute, nor comprehended hereintill. AS ALSO, Our said sovereign Lord, with advice and consent of the said Estates, Statutes, and declares, That hereafter Commission for putting of penal Statutes to execution, shall onely bee granted to honest men, of good quality: who shall be sufficiently authorised by the Lords of Secret counsel, for discharging of their Office. And absolutely discharges in time coming, James Cranston, his Deputies, or Officers, to call, or conveine any person or persons, for slaying of read or black Fish. And from henceforth declares, The power of his Commission granted unto him to that effect, to be quiter extinguished, and abolished. ACT. XXIIII. Anent Evidents past the greale seal, which are not registrated. OUR sovereign LORD, and ESTATES of Parliament, understanding, That there are sundry Infeftments, and other Writtes, which pass his Highnesse Great seal, That in time by gone, after the expeading thereof, and appending of the seal thereunto: Haue, through the over-sight, and negligence of the Receivers thereof, in the not returning of the same to the Director of His Highnesse chancellary, and his Deputies, Been omitted, to be registrated, in their books, and Registers appoynted for that effect And considering, that the not registration of the same Infeftments and Writs, tendeth to the great hurt and prejudice of the persons unto whom the same are gramed, and pertain. THEREFORE, Our said sovereign Lord, and Estates of Parliament, for remeide hereof, statutes and ordains, THAT in time coming, when any Infeftment, or other Writ, or Evident, which passeth his Highnesse Great seal, shall bee formed and written by the Director of his Highnesse chancellary, or his Deputies. The same after the writing thereof, shall bee delivered by them unto the party, In-giver of the said Infeftments, or other Writtes foresaid: To the effect he may get His Highnesse Great seal thereunto appended. At the delivery whereof, the party receiver of the same, shall onely be holden and astricted to pay at that time to the Director of the chancellary, or his Deputes, That one half of the prices allowed unto him by the book of Rates for writing of Evidents to the great seal: And that onely in consideration of the pains taken in forming and writing of the said Writs and Evidents, without paying before hand, the other half of the said prices, which hereby is appoynted to bee reserved unpayed while the same bee registrat in maner after mentioned. Which Infeftments and Evidents being delivered to the Keeper of the great seal, and he having appended the same seal thereto, and being satisfied of the price due to him therefore: ordains the Keeper of the Great seal, to return and redeliver the same Infeftment, or other Writ foresaid, so sealed by him back again, to the Director of His Highnesse chancellary, or his Deputies: To the effect the same Infeftments, Evidents, or other Writs foresaid, may bee registrated by him in the Registers, and books appoynted for that effect. Which being so registrated, ordains the Director of His Highnesse chancellary, and his Deputies: to deliver the same to the party: he being satisfied of the other half of the price foresaid, retained by the party, and unpayed by him, at the time of the writing of the said Evidents to the Great seal, as due for the registration thereof, in manner aboue-written. AND ALSO, Our said sovereign Lord, statutes and ordains, all, and whatsoever persons, who haue any Infeftments, Writs, or Securities, granted unto them, and already past the Great seal, and which are not as yet registrated, to return the same back again, unto the Director of His Highnesse chancellary, within the space of a year after the publication of this present Act. To the effect the said Infeftments, and Writs, may be registrated by the said Director of His Highnesse chancellary, and his Deputies: and that( gratis) and without any payment to be given unto him therefore. ACT. XXV. Anent banqueting, and apparel. OUR sovereign LORD, and ESTATES Of Parliament, Considering the great hurt coming unto this country, by the superfluous usage of unnecessary sumptuousness in Meat, apparel, and otherways: and that by all sorts of people, promiscuously, without distinction of persons, of ranks or quality. For repressing of the said abuse in time coming, do statute and ordain, THAT None of Our sovereign Lords Lieges, of whatsoever quality or degree, shall wear any clothing of gold or Silver clothe, or any Gold or Silver Lace upon their Apparels, or any part of their Bodies hereafter. And that no manner of person shall haue any apparel of Velvet, satin, or other stuffs of silk, except Noble men, Lords of Parliament, prelates, His majesties counsellors, Lords of Session, barons, of quality, having of free yearly rent fourscore Chalders victual, or six thousand marks of silver: and the Provests of the principal burrows, within this kingdom, or those who haue been Provests: with such also as shall happen to be, or haue been, Provests, bailies, dean of guild, and Theasaurer, within the town of Edinburgh: Excepting also Rectors of Universities. AND IT IS statuted, and ordained, That these persons which are permitted to wear the said appareling of silk, shall no ways haue Embrdring, or any Lace or Passements upon their clothes: except onely a plain Welting Lace of silk upon the seams, or borders of their clothes: with Belts, and Hat-bands embrodred with silk: and such like, That the said apparel of silk bee no ways cut out upon other stuffs of silk: except upon a single Taffatie. AND, that the wives of the said privileged persons, their eldest sons, and eldest daughters, unmarried, and the children of all Noble Men, be licentiate to wear their apparel in manner aforesaid onely, under the pain of thousand pounds,( Toties, quoties.) ITEM, That no person, of whatsoever degree, shall haue Pearling, or Ribbening vpon their ruffs, Sarkes, Napkins, and socks: Except the persons before privileged. And the Pearling and Ribbening to be so worn by them,( if any be) to be of those made within the kingdom of SCOTLAND, under the pain of an hundreth pounds,( toties, quoties.) 3. ITEM, That none wear upon their Heads, or Buskings, any Feathers. And notwithstanding, it is permitted, That any person may wear chains, or other goldsmiths work, having no stones, nor pearls, within the same. And that no person wear any pearls, nor precious stones: Except the persons before privileged: under the pain of a thousand marks, to be payed by the contraveners,( totiies, quoties.) 4. And it is statuted, That no person, nor persons,( Except the privileged persons foresaid) wear lawns, or Cambricke. And that no person whatsoever wear upon their Bodies, Tiffinies, Cobwebbe-Launes, or Slyres, under the pain of an hundreth pounds,( toties, quoties) 5. nevertheless, The Kings majesties, Prince, and their ordinary House-holde servants, are exemed from this Act, and all the clauses thereof. 6. It is moreover statuted, That no servants, Men or Women, wear any clothing, except those that are made of Cloath, Fusteans, Canves, or stuffs, made in the country. And that they shall haue no silk upon their clothes: Except silk Buttones, and Button holes: and silk Garters, without pearling, or roses, under the pain of an hundreth marks,( toties, quoties.) 7. It is rlwayes declared, That it may be lawful for them to wear their Masters, or Mistresses old clothes. 8. It is hereby ordained, That no clothes bee guilded with Gold. 9. It is also declared, That Heraults, pursuivants, and likewise trumpeters, be exemed from this Act. 10. Item, it is such like statuted, That Minstrels be exemed. 11. IT IS farther statuted, That none, except the privileged persons foresaid, use damask Naprie, brought from beyond sea, under the pain of an hundreth pounds,( toties, quoties 12. IT IS likewise statute, that no more deule weeds bee made at the death of any earl, or countess, but twenty four at the most: Or for one Lord of Parliament, or one Lords wife, but sixteen onely and for all other privileged persons before name, twelve at the most: And that none( except the privileged persons) haue any honours carried, and these according to their qualities; and that no deule weeds be given to heralds, trumpeters, or Saullies, Except by the earls and Lords, and their wines. And the number of the Saullies to be according to the number of the deule weeds, under the pain of one thousand pounds,( toties, quoties.) 13. IT IS statuted, That the fashion of clothes now presently used, not to bee changed by Men or Women, and the wearers thereof: under the pain of forfaultrie of the clothes, and of an hundreth pounds, to be paid by the wearers, and as much by the makers of the said clothes,( toties, quoties.) 14. It is ordained, That no Castor Hats bee used nor worn, but by the privileged persons: under the pain of an hundreth pounds,( toties, quoties.) 15. It is further enacted, That no clothes shall bee made after the publication of the Act, but according to the manner and condition before expreemed. And that none of the former discharged clothing bee worn by no person after Martinmesse, the year of GOD, one thousand, six hundreth, twenty, and three yeares: under the pains[ respective] above set down,( toties, quoties. 16. ITEM, It is ordained, That the Husband-men, and Labourers of the Ground, wear no clothing, but Grayes, White, Blew, and self black Cloath, made in SCOTLAND: And that their wives and Children wear the like: under the pain of forty pounds,( toties, quoties.) 17. IT IS Further statuted and ordained, That no person use any manner of Desert of wet and dry Confections, at banqueting, Marriages, baptisms, Feastings, or any Meales: Except the fruits growing in SCOTLAND: As also Figs, Raisins, Plumbe-damies, almonds, and other unconfected fruits: under the pain of a thousand marks,( toties, quoties.) Excepting such like the use of the foresaid forbidden confections to bee lawful for the entertainment of his majesty, Prince, and their trains, being within the country, and for ambassadors, or strangers of great quality. 18. And it is statuted moreover, That no person, of whatsoever quality, use any Feasting at Burials, or offer of other Meats, except bread and drink. As likewise, no person use any eating or drinking at Night-wakings, or Lieke-wakes: under the pain of a thousand marks.( toties, quoties.) ACT. XXVI. Anent Thaicking of Houses in Edimburgh, with Sklaite and Skaillie. OUR sovereign LORD, and ESTATES of this present Parliament, considering, that sundry persons of mean quality, acquire unto themselves the heritable right of sundry ruinous Lands, and Wastes, within the town of Edinburgh. And for want of means to build the same sufficiently, thaickes the same with straw, and deals, Whereby the lands next adjacent unto the same, builded upon the great charges and expenses of the heritors, are oftentimes brought in great hazard, and sometime to decay, in time of sudden fire. THEREFORE, and for further decoration of the said Burgh, being the Head-burgh of this realm, Our sovereign Lord, with consent of the said Estates, statutes and ordains, That in all time to come, no manner of person, nor persons, shall bee suffered, or permitted to build any houses within the said Burgh of Edinburgh: But such as shall be covered with Sklaite, or Skallie, led, Tylde, or Thacke-stone. AND also, statutes, and ordains, That the heritors of such houses as are already thaicked with Thack and Straw,( if the same Thacke, and Straw Roofs, shall hereafter at any time become ruinous) shall bee astricted to thick the same again with Sklaite, or Skaillie, led, Tylde, or Thacke-stone. AND, ordains, Letters of Horning to be directed hereupon, against the heritors of the said lands, in form as effeires. AND such like, ordains the Provest and Bayllies of the said Burgh, To put this Act to Execution. ACT. XXVII. Anent Comprising from apparent heirs, extended as well unto Mens own Debts, as their Predecessors. OUR sovereign LORD, And ESTATES of this present Parliament, Ratifies, approves, and confirms, the 106. Act of the seventh Parliament of King JAMES the fifth, of worthy memory: entitled, The Creditor may pursue him, who is charged to enter, and entereth not, in all the Heads, Articles, and Clauses thereof. With the addition and explanation following: THAT the same shall bee extended unto Debts owing by any person himself, as well as to those which are addebted by his predecessors. For the which debt, it shall bee as lawful for a Creditor, to charge any person to enter heir to his predecessor, and with the like certification, as if the predecessor had been debtor thereintill. Whereupon comprising may follow in manner specified, in the said Act. ACT. XXVIII. Anent taking of Annuell-rent before hand, to be usury. OUR sovereign LORD, and ESTATES of this present parliament, considering, that notwithstanding usury, and taking unlawful annual, more than ten for each hundreth, hath been by sundry acts of before discharged, and forbidden: Yet it hath been usual, by an evil and corrupt custom, to take, or retain, the Annuell-rent, the time of the borrowing the Money: Which in effect is eleven of each hundreth, at least. FOR avoiding whereof, statutes, and ordains, That no person, who lends, or gives out Money, and receives annual therefore, shall retain the time of the lending, exact, crave, or receive, from their Debtors, the annual of their lent sums, until the term of payment appoynted by their bands, bee first come. And it shall bee lawful, at the time of lending of Money, and making of Bands, to add the annual unto the principal sum: providing always, neither principal nor annual be exacted, or craved, before the term of payment appoynted to the said Band. And the contraveners of this present statute shall be punished as unlawful usurers. ACT. XXIX. Ratification of the Act of Secret counsel, Against Backsters, Browsters, Fleshers, and Candle-makers of Edinburgh. OUR sovereign LORD, With advice and consent of the ESTATES of this present Parliament, By the Tenor hereof, Ratifies, approves, and confirms, The Act of Secret counsel, of the date the seaventeenth day of february, one thousand, six hundreth, and eighteen yeares: Made, and set down, by his majesty, with consent of the lords of His Highnesse Secret counsel, against the Backsters, Browsters, Fleshers, Candle-makers, and others therein contained, In-dwellers within Edinburgh: With the publication and proclamation following thereupon, In all and sundry heads, points, passages, circumstances, and others, specified there-intill: conform to the Tenor thereof, in all points. AND wills, and Declares, The same to haue been, in all time by-gone, since the making and publication thereof: And to bee, and stand, in all time coming, good, valiable, and effectual in the sellfe: and to haue the due, benefit, and execution thereof, conform thereunto: Against all who haue transgressed: or shall happen to transgress, and contraveine the Tenor of the same. Whereof the Tenor followeth: Apud Edinburgh, Decimo septimo Die Mensis Februarii, Anno Domini Millesimo, Sexcentisimo, decimo octavo. FOR AS MUCH, As The kings majesty, And lords of His privy counsel, Considering the dangerous and fearful abuse, which hath been of continuance these many yeares by-gone, within the Burgh of Edinburgh, by the Tolerance, Connivance, and over sight, which hath been given unto Backsters, Browsters, and others, to build, and keep stacks of Hather, broom, whins, and other fuel, in the heart of the said Burgh, and in the Vennalles and Cloasses of the same: Where sundry of His majesties good subiectes, Inhabitants of the said Burgh, haue, with great charges and expenses, builded many goodly Houses, and buildings: to the credit of the said Burgh, and for the policy and decoration of the same. By the which stacks of Hather, broom, whins, and other fuel, builded, and kept, within the said Burgh, not onely are the neighbours of the next adjacent parts thereunto, holden in continual fear, and dreadour, and are in very great hazard, and danger, if either by negligence, or wilful malice,( as GOD forbid) Fire should bee set in the said stacks: as fell out by the firing of some stacks in Peibles wind, in the 1584. year of GOD, But a great number of people who are inclined, and disposed, to bestow some part of their Estate upon building within the said Burgh, are withholden there-from, for fear of the said stacks. And besides this abuse, which is both fearful, dangerous, and hath produced many inconveniences, and great scathe, from time to time, to the said Burgh: there is another shameful abuse therein: which although it bee not altogether so fearful and dangerous as the other, yet it is noisome to the whole civill and honest Neighbours, and to all the nobility, and country people, which come hither for their private adoes: And with that, it is detestable in the sight of strangers: corrupteth the air, and carrieth many disgraceful and shameful imputations against the said Burgh, as being a puddle of filth and filthiness: To wit, the oversight which is given unto Candle-makers, to keep their shops and houses where they melt their Tallone, and Cracklinges, within the Heart of the said Burgh: And to Fleshers, to keep their Slaughter-shopes within the town, and to tuime the filth of the slaughtered Goods upon the high streets, and in open Vennalles, and Cloasses: whereby it often times faileth out, that in many streets and Vennalles of the said Burgh, the filth of slaughtered Goods is in such abundance exposed unto the view of the people: and the cloasses and streets are so filled therewith, as there can no passage be had thorough the same. FOR removing of the which two abuses, so dangerous and disgraceful to the said Burgh, The Kings majesty, with advice of the lords of his secret counsel, hath resolved, concluded, commanded, and ordained, That from the first day of May next to come, there shall bee no stacks of Hather, broom, whins, nor other fuel, kept, nor suffered to bee in any of the Vennalles, winds, or Cloasses of the said Burgh, nor within Houses, nor upon the streets of the same: and that no Fleshers shall bee suffered, by themselves, their servaunts, or others in their names, to keep any slaughter-houses within this Burgh, nor in any wind, Cloasse, or Vennall of the same: nor to tuime the blood, and filth of their slaughtered goods upon the streets, or in Cloasses, or Vennalles: Nor that no Candle-makers keep their melting Honses within the said Burgh: But that the said stacks of Hather, broom, whins, and other fuel, shall bee carried, and set at some remote partes of the said Burgh, beside the ports, walls, or North-Loch side, where there are no Houses. And that the said Fleshours shall provide themselves of Slaughter-houses, at the North Loch side, where they may haue the use of the water for the away-taking of the filth of their slaughter goods. And that the Candle-makers provide themselves of houses, for melting of their Tallone and Cracklinges, at some remote partes of the town, from the common streets, cloasses, and vennalles of the same: AND ordains Letters to bee directed, to make publication hereof, by open proclamation at the Market cross of Edinburgh: wherethorow none pretend ignorance of the same: and to command, charge, and inhibit, all and sundry persons, Inhabitants within the said Burgh, of what Trade on Calling soever they bee: That they, nor none of them, nor none by their command, and direction, Found, build, or keep, any stacks, or ruckes, of Hather, broom, Whins, or other fuel, within any of the Cloasses, Vennalles, or waste places of the said Burgh, nor within their houses: ANd that they remove the stacks which they already haue, and build the same at some remote places, about the ports and walls of the said Burgh, where there are no houses, or at the North Loch side: Betwixt and the first day of May, next to come: under the pain of confiscation of the same Hather, broom, and whins, so to be staeked, against the meaning and intent of this Act, and further: under the pain of five hundreth pounds, to bee paid by them, so oft as they shall happen to fail. And such like, to command all and sundry Fleshours, Inhabitants within the said Burgh, That they prepare themselves of Slaughter-houses, at the North Loch side: where they may haue the commodity of water for their use: and that they in no wise presume, nor take upon hand, after the said day, to tuime the filth, or blood of their slaughtered Goods, upon the streets, nor in the vennalles, cloasses, and winds of this Burgh. As also, To charge all Candle makers, That they, betwixt and the day foresaid, provide themselves of houses, for melting of their Tallone, and Cracklinges, at some remote partes of the town, from the common streets, cloasses, and vennalles of the same: under the pain of five hundreth pounds money, to bee incurred by every person, Fleshour, or Candle-maker, so often as they shall fail. AND such like, to command, and charge the Provest and Bayllies of Edinburgh, That they haue a special care and regard, to see this present Act to be precisely and inviolably kept: as they will answer to his majesty, and the said Lords, upon the dutiful discharge of their Office. ACT. XXX. Act restraining the buying and selling of certain wild Fowles. OUR sovereign LORD, with advice and Consent of the ESTATES of Parliament, Considering the great abuse and liberty, which hath been used these divers yeares by gone, by the Subiectes of this realm, in buying and selling of wild Fowles, of the particular spaces following: to wit, Of Pouttes, Partrickes, Mairefowles, Blacke-cockes, Gray hens, Termigantes, Quayllies, Caperkayllies, &c. For restraining of which abuse in time coming, Our sovereign Lord, with advice and consent foresaid, statutes and ordains, That no person whatsoever within this realm, presume, nor take upon hand, to buy nor sell, at any time hereafter, any wild fowles of the spaces foresaid: under the pain of an hundreth pounds money to be incurred by the contravener thereof, buyer or seller. AND ordains this present Act to haue the strength and force of an Act of parliament, to be inviolably observed in all time hereafter, after, ay, and while the same be lawfully discharged, or altered. ACT. XXXI. Anent Hunting, and Haulking. OUR sovereign LORD, And ESTATES of this present Parliament, statutes and ordains, That no man Hunt nor Haulke at anytime hereafter, who hath not a Plough of land in Heritage: under the pain of an hundreth pounds. ordains His majesty to haue the one half of the penalty of the Contraveners of this present Act: and the Dilator to haue the other half of the said penalty. ACT. XXXII. Auent the harrying of Haulke Nests, and Hunting in Snow. OUR sovereign LORD, And ESTATES of this present parliament, Ratifice, and approves the Act of parliament, made by King JAMES the Third, of worthy memory, in the seventh parliament anent the unlaw of stealing of Haulkes, hounds, Partrickes, and Duickes: in all and sundry points, heads, articles, and clauses thereof. With this addition, That the pain and penaultie of ten pounds therein contained: SHALL BEE Now in all time coming augmented against the contraveners of the said Act: under the pain of an hundreth pounds money of this realm AND ALSO, ratifies, ratifies, and approves, all acts of parliament, made of before by His majesties most Noble progenitors, anent the slaying and hunting of Hares, Does, and Rhoes in time of snow: And statutes, and ordains, the pain and penalty against the contraveners thereof: to be under the pain of an hundreth pounds money,( toties, quooies) as they shall happen to contravene the same. And ordains the one half of the pain to be incurred by the contraveners of this present Act, to bee given to His majesty: and the other half to the persons Dilators of the contraveners of the same. ACT. XXXIII. ACT SALVO IVRE CVIVSLIBET. FOR AS MUCH, As in this present Session of Parliament, there are many Ratifications and acts, in favoures of particular persons past: wherein divers and new Clauses are insert, which may be prejudicial to particular parties rights, and derogatiue unto many and sundry laws lawfully made, and established of before: albeit the meaning of the Estates be at this time, as it was ever in all preceding parliaments, That by no Act of Ratification, or Act granted unto any particular person, any other party should bee hurt or prejudged. For remeid whereof, it is statuted and ordained, That no Ratification, nor other Act, made in favours of any particular person, shall bee prejudicial to any private parties right: But that the said Ratifications and Acts, made in favours of particular persons, bee always understood, SALVO JURE CUJUSLIBET. one TABLE OF THE PARTICVLAR acts AND OTHERS, Not Printed, past in the xxiij. Parliament, holden at Edinburgh, the 4. of August, 1621. 1 COmmission anent moneys. 2 Commission anent the taxed roll, within the Shyreffdome of Kincardin. 3 Commission anent coals, and Coale-heughes. 4 Commission for modifying of Blench Dueties▪ and Ministers Stipends, in erected Prelacies. 5 Reference to the Secret counsel, anent Maultsters. 6 Another anent the In-bringing of Water to Edinburgh. 7 Reference to the Secret counsel anent the Clangregor. 8 Reference to the secret counsel, anent the Taxation of the Shyreffdome of Linlithgow. 9 Reference to the Secret counsel, anent the Professors of Medicine. 10 A Ratification in favours of the Marquis of Hamilton. 11 An Act uniting the Provestrie of Kirke-heugh, unto the archbishopric of Sainct-Andrewes, with divers exceptions. 12 Ratification in favours of the earl of Angus. 13 An Act in favours of the earl of Nithisdaile. 14 Act, in Favours of the earl of Winton, anent the regality of saint▪ Andrewes, on the South side of Forth. 15 Protestation made for John Murray of Lochmaben, anent Tunninghame. 16 Ratification, and new dissolution in of Iedburgh and Cannabie, in favours of the earl of Hume. 17 Ratification in favours of the earl of Lowthian. 18 Ratification in favours of the earl of Roxburgh, anent Kelso and Lesmahago, with a new dissolution. 19 Ratification in favours of the earl of Kellie. 20 Ratification in favours of the earl of Melros, of his Infeftment of Binning. &c. 21 Another of the earl of Melros, of his Infeftment of Melros, with a new dissolution. 22 Act in favours of the viscount Lawderdaile, anent Boltoun. 23 Dissolution of the priory of Haddingtoun, in favours of the Master of Lawderdaile. 24 Dissolution of the priory of Cauld-streame in favours of sir John Hamilton of Trabroune, Knight. 25 Annexation of the chapel▪ royal to the bishopric of Dumblane. 26 Ratification to Alexr Bishoy of Dunkeld, of his Infeftment of Baltroddie. 27 Ratification to the Bishop of Dumblaee, of his Infeftment of Kinnuchar. 28 Protestation made for the Lord of Lorne. 29 Dissolution of the Kirk of Kilmachormuk, from the abbacy of Kilwinning, and an union thereof to the bishopric of Argyle. 30 Act in favours of the Lord Kilmawers, anent the kirk of Dreghorne. 31 Ratification in favorrs of the Lord spiny. 32 Ratification in favours of the Lord Loudoun, of his Infeftment of Kylesmuire, &c. 33 Ratification to the Lord of Scone, of his Infeftment of Drunduffe, &c. 34 Act in favours of Sir Andro Ker. 35 Ratification to the Lord of Carnegie, of his barony of fern, &c. 36 Act in favours of John Stewart, anent his Rehabilitation. 37 Erection of Coldinghame, in favours of John Stewart. 38 divers Protestations, against the said Act, made in favours of John Stewart. 39 Act in favours of Sir Richard Cockburne, Lord privy seal. 40 Ratification to Sir Richard Melvill, of his Infeftment of Lethun, Monimaile, &c. 41 Ratification to Sir Geurge Hay, of his Infeftment of Kilfawnes, &c. 42 Ratification to Sir William Oliphant, and his sonoes, of their Infeftments of diverse lands. 43 Act in favours of Sir Andro Hamiltoun, of Reidhouse. 44 Ratification in favours of John Murray, of Lochmaben, of two Infeftments. 45 Ratification in favours of John Levingstoun, of his Infeftment of Kinnaird. 46 Ratification in favours of John Achmutie, of his Infeftment of Scougall. 47 Ratification of divers Infeftments, granted to the town of Edinburgh. 48 Ratification to the town of Edinburgh, of the liberty of bearing a Sword of Iusticiarie, of Peace, of Vnlawes, the Exsyse of Wine, the Iadgerie, &c. 49 Ratificatitn of divers Infeftments granted to the town of Edinburgh, for sustentation of college, Ministers, and Hospitals. 50 Act disjoining the parts lying within the Ports of Edinburgh, from saint Cuthbert, and Holy-Rood-House. 51 Act in favours of the Keepers of the Kings Castles. 52 Protestation made for the earl of Errole, Great Constable. 53 Protestation made by the earl Marshall. 54 Protestation made by the earl of Monteith, and Lord of Rosse. 55 Protestation of the town of Lieth. 56 Declaration in favours of other Burrtwes, anent the acts granted in favours of Edinburgh. 57 Ratification in favours of Master Alexander Gibson, Laird of Durie. 58 Ratification in favours of the Laird of Waichtoun. 59 Act in favours of the Laird of Lochinvar. 60 Act in favours of the Laird of caddel. 61 Act in favours of the Laird of Whittinghame. 62 Act in favours of the Laird of Corstorphin. 63 Act in favours of the Laird of Buchanane. 64 Act in favours of the Laird of Saint Monans. 65 Act in favours of Sir John Scot, of Scots-Tarvet. 66 Two acts in favours of Alexander Cranstoun of Morestoun. 67 Act in favours of the Laird of Ruchlaw. 68 Act in favours of William Barcklay, of Innergellie. 69 Ratification to Master Thomas Hope, of Craighall, of his Infeftment of Arnydie. 70 Act anent the union of the lands of Kinninmonth, &c. unto the kirk of ceres. 71 Act in fovours of the university of Sainct-Andrewes. 72 Act in favour of Master William Forbes, of Craigievar. 73 Licence to Sir George Hay, anent selling of his iron. 74 Ratification to William Maxwell, of his Infeftment of Justing Leys, and Vicarage of Kirkbeane. 75 Ratification in favours of the Laird of Corstorphin. 76 Ratification of the Gift of the Chamberlainrie of Fyffe, granted unto umwhile Sir James Hay. 77 Commission to the lords of Session, in favours of the Lord of spiny. 78 Act in favours of James Winrame. 79 Act in favoures of Master Walter Wheitfurde, anent the Minister● of Fanfarde. 80 Act in favours of Sir George Hume, of Manderstoun. 81 Act in favours of Master William Kellie. 82 Act in favours of William Dowglas, of Cavers. 83 Ratification in favours of the town of Elgin. 84 Act in favours of Sir John campbel, anent the kirk of Loudun. 85 Ratification in favours of the town of Elgin. 86 Acceptation by the Parliament of the Offer made by the extraordinary Lords of Session, anent their Taxation. 87 An Act, and Commission, granted by Parliament, vpon the offer made by the Advocates, and other Members of the college of Iustice, anent their Taxation. ☞ The end of the XXiij. and last Parliament, of Good King James the Sexth. Woodcut ornamental tail-piece featuring cherubs.