I. ACT against separation and disobedience to Ecclesiastical Authority.

FOrasmuch as the King's Majesty, consi­dering the prejudices which did ensue to the Church and Protestant Religion, to the Prerogative of the Crown, to the Authority of Parliament, to the Liberties of the Subject, and to the publick Laws and Peace of the King­dom, by the invasions made upon Epis­copal Government during the late trou­bles; And finding that Government, to be the Church-government, most agreeable to the Word of GOD, most convenient and effectual for preservation of Truth, Order and Unity, and most suteable to Monarchy and to the [Page 4]Peace and Quiet of the State; Hath therefore, with advice and consent of His Estates of Parliament, by several Acts past in the second Session of this Parliament, restored the Church to it's an­cient and right Government by Archbishops and Bishops, and hath redintigrated the estate of Bishops to the exercise of their Episco­pal Function, and to all the Priviledges, Dignities, Jurisdictions and Possessions due and formerly belonging thereunto. And in fur­ther order to the settlement of the Church, and bringing the Mini­sters to a due acknowledgment of, and complyance with, the Government thereof thus established by Law, His Majesty, with advice foresaid, hath also Statute and Ordained, That all these Ministers, who entered to the Cure of any Paroch without Right or Presentations from the lawfull Patrons, in and since the year, one thousand six hundred and fourty nine, and should not betwixt and the twentieth of September last, obtain Presentations from their several Patrons, and Collation from the Bishop of the Diocess where they lived, should have no right to the uplifting the Rents of any Benefice or Stipend for the year, one thousand six hundred and sixty two, but that their Places, Benefices and Kirks should be ipso jure, vacand: And that what ever Ministers should, without a lawfull excuse to be admitted by their Ordi­nary, absent themselves from the diocesian Assembly, or who should not concur in all the Acts of the Church-discipline, as they should be thereunto required by the Archbishop or Bishop of the Diocess, should be for the first fault suspended from their Office and Benefice till the next diocesian Meeting; and if they amend not, should be deprived, and the Church and Benefice to be provided as in other cases of vacancies. And the King's Majesty, having resolved to conserve and maintain the Church in the present State and Government thereof by Archbishops and Bishops, and others bearing office therein, and not to endure nor give way or connivance to any variation therein in the least, Doth therefore, with advice and consent of His Estates conveened in this third Session of His Parliament, Ratifie and Approve the aforementioned Acts, and all other Acts and Laws made in the two former Sessions of Parliament, in order to the settling of Episcopal Dignity, Jurisdiction and Authority within this King­dom; and Ordains them to stand in full force as publick Laws of the Kingdom, and to be put to further execution in all points, conform to the tenor thereof. And in pursuance of His Ma­jesties Royal resolution herein, His Majesty, with advice afore­said, doth recommend to the Lords of His Majesties Privy Council, to take speedy and effectual course, that these Acts receive ready and due obedience from all His Majesties Sub­jects; And for that end, that they call before them all such Ministers, who, having entered in or since the year, one thou­sand six hundred and fourty nine, and have not as yet obtained [Page 5]Presentations and Collations, as aforesaid, yet dared to preach in contempt of the Law, and to punish them as seditious per­sons and contemners of the Royal Authority. As also, that they be carefull, that such Ministers, who keep not the dio­cesian Meetings, and concur not with the Bishops in the Acts of Church-discipline, being for the same suspended or deprived, as said is, be accordingly, after deprivation, removed from their Bene­fices, Glebs and Manses; and if any of them shall notwithstand­ing offer to retain the possession of their Benefices or Manses, that they take present course to see them dispossest; and if they shall thereafter presume to exercise their Ministry, that they be punished as seditious persons, and such as contemn the Authority of Church and State.

And as His Majesty doth expect, from all His good and dutifull Subjects, a due acknowledgment of, and hearty complyance with, His Majesties Government, Ecclesiasticall and Civil, as it is now established by Law within this Kingdom, and that in order there­unto they will give their chearful concurrence, countenance and assistance to such Ministers, as by publick Authority are or shall be admitted in their several Paroches, and attend all the ordinary Meetings for divine Worship in the same; So His Majesty doth Declare, That He will, and doth, account a with-drawing from, and not keeping and joyning in, these Meetings, to be seditious, and of dangerous example and consequence. And therefore, and for preventing the same for the future, His Majesty, with advice and consent of His Estates in Parliament, doth hereby Statute, Ordain and Declare, That all and every such person or persons, who shall hereafter ordinarily and willfully with­draw and absent themselves from the ordinary Meetings of divine Worship in their own Paroch Church on the Lords-day, (whether upon account of Popery or other disaffection to the present Government of the Church) shall thereby in­cur the pains and penalties under-written, viz. Each Noble­man, Gentleman and Heretor, the loss of a fourth part of ilk years Rent, in which they shall be accused and convicted; and every Yeoman, Tennent or Farmer, the loss of such a pro­portion of their free moveables (after the payment of their Rents due to their Master and Land-lord) as His Majesties Council shall think fit, not exceeding a fourth part thereof; and every Burgess to lose the liberty of Merchandizing, Trad­ing, and all other Priviledges within Burgh, and fourth part of their moveables. And His Majesty, with advice foresaid, doth hereby authorize and require the Lords of His Majesties Privy Council, to be carefull to see this Act put to due exe­cution; and for that end, to call before them all such per­sons as after admonition of the Minister, in presence of two sufficient witnesses, and by him so attested, shall be given up [Page 6]to the Council as transgressors of this Act, in with-drawing from their Paroch Churches as aforesaid; and the same, after hearing of the parties, being duly found, to decern and in­flict the censures and penalties above-mentioned, and such other coporal punishment as they shall think fit, and direct all execution necessary for making the same effectual, and to do every other thing they shall find necessary, for pro­curing obedience to this Act, and putting the same to pun­ctual execution, conform to the tenor and intent thereof.

II. Additional ACT concerning the Declaration to be signed by all persons in publick Trust.

FOrasmuch, as by an Act, past in the se­cond Session of this Parliament, on the fifth of September last, concerning the Declaration to be taken by all persons in publick Trust, It is remitted to His Majesties Commissioner to take such course as he should think fit, how these, who are presently in Office, may subscribe the Declaration; And the King's Majesty being resolved, that all in publick Trust, should, without further delay, sign the same; But considering, that in this vacand time, many of the Courts of Justice do not sit, so as some longer time must be allowed unto them. Therefore, the King's Majesty, with advice and consent of His Estates in Parliament, Statutes and Ordains all persons, who enjoy or possess any publick Trust or Office within this King­dom, as, Officers of State, Members of Parliament, Privy Coun­cellors, Lords of the Session, Commissioners in Exchequer, all Members of the Colledge of Justice, Sheriffs, Stewarts, Bailies of Regalities, Commissaries, Justices of Peace and their respective Deputes and Clerks, and all who enjoy any other publick Charge, Office or Trust within the Kingdom, to subscribe the Declara­tion hereunto subjoyned, in presence of the several Courts they relate to, betwixt and the eleventh of November next to come, or sooner, as they shall have occasion or be required thereto by His Majesties Council; Discharging hereby all such of them, who shall not sign the same, as said is, to exerce any publick Trust or Office within the Kingdom, after the said eleventh of Novem­ber. And that a speedy account may be returned hereof, It is hereby Ordained, that the Sheriffs in the several Shires be care­full in requiring due obedience to this Act, and that they and all others concerned therein, make report thereof to His Majesties [Page 7]Council, betwixt and the first of January next to come. And seing the election of the Magistrates and Council of Burghs will occur about Michaelmass next, and that some disaffected persons in Burghs, having none or small advantages by their Magistracy, may, upon account of this Declaration, refuse to accept any Charge or Trust; It is therefore, by His Majesty, with advice foresaid, Statute, That at the next ensuing election of Magistrates within Burgh, all such persons who shall continue in, or be of new elected to be Magistrates, Clerks, or of the Council of Burghs, shall at such their elections, if they be present, or otherwise, how soon thereafter they shall be required thereto by those who did elect them, sign the Declaration aforesaid; Declaring hereby, all who shall refuse or delay the same, to be from thenceforth not only in­capable of, and to have forfaulted, the priviledges of a Magistrate, but also all the priviledges of Merchandizing, Trading, and others belonging to a Burgess; And that the several Burghs make re­port of their proceedings therein to His Majesties Council, be­twixt and the foresaid eleventh of November, as they will be answerable upon their duty and alleagiance: And for such as shall hereafter be admitted to any publick Trust or Office, they are to sign the Declaration in the maner, and under the certifications, exprest in the former Act of Parliament of the fifth of September. And His Majesty doth hereby recommend to the Lords of His Majesties Privy Council, to be carefull that these Acts be put to due execution, and receive obe­dience conform to the tenor thereof.

III. ACT against Protections.

THe King's most Excellent Majesty being carefull, that the benefit of the Law in the administrations of Justice, be free to all His Majesties good Subjects; And considering the prejudices many have for­merly sustained, in the stopping of the course of Justice, by the too frequent granting of Protections against personal execution. Therefore, and for prevent­ing of the like for the future, His Majesty, with advice and con­sent of His Estates in Parliament, Doth Ratifie, Approve and Renew all former Acts of Parliament, made against the granting of Protections; And Dischargeth the Lords of His Majesties Privy Council, Session and Exchequer, to grant Protections to any persons against personal execution, certifying such as shall grant the same, they shall be liable for the debt against which they grant the Protection; and all execution shall pass against the havers thereof, as if the same had not been granted.

It is alwayes hereby Declared, That notwithstanding hereof, it shall be free to the Lords of His Majesties Privy Council, Lords of Session and Exchequer, and to the Justice-general and his Deputes, when any person or persons are summoned and appointed to appear personally before them, to give order now, as they have been in use formerly to do, for suspending per­sonal execution against the persons so summoned and appoint­ed to appear, for such few dayes, as they may come to give their appearance, and during their necessar stay, and some few dayes for their return, and that according as the saids re­spective Judges shall find reason, upon the particular applica­tions to be made thereupon,

IV. ACT for the establishment and constitution of a National Synod.

FOrasmuch as the ordering and disposal of the external Government of the Church, and the nomination of the persons, by whose advice matters relating to the same are to be setled, doth belong to His Majesty, as an inherent right of the Crown, by vertue of His Prero­gative-royal, and supream Authority in causes Ecclesiastical: And in prosecution of this Trust, His Majesty, considering how fit and necessary it is, for the honour and service of Almighty God, the good and quiet of the Church, and the better Government thereof in unity and order, that there be a National Synod and Assembly duly constitute within this Kingdom, Hath therefore Appointed and Declared, and by these presents Appoints and Declares, that there shall be a National Synod of the Church of Scotland: And that this Synod, for the lawful Members thereof shall consist and be constitute of the Archbishops of St. Andrews and Glasgow, and the remanent Bishops of these two Provinces, of all Deans of Cathedral Churches, Arch-deacons, of all the Moderators of Meetings for exercise, allowed by the Bishops of the respective Diocesses, and of one Presbyter or Minister of each Meeting, to be chosen and elected by the Moderator and plurality of Presbyters of the same; and of one or two from the Univer­sity of St. Andrews, one from Glasgow, one from the Kings Col­ledge, one from Marshals Colledge, of Aberdeen, and one from the Colledge of Edinburgh; And this Synod, thus constitute, is to meet at such times and places as His Majesty, by His Proclama­tion, shall appoint; and is to debate, treat, consider, consult, conclude and determine upon such pious matters, causes and things, concerning the Doctrine, Worship, Discipline and Government, of this Church, as His Majesty shall from time to time, under His Royal hand, deliver, or cause be delivered, to the Archbishop of St. Andrews, President of the said National Assembly, to be by him offered to their consideration. The Estates of Parliament do humbly recognosce and acknowledge His Majesties Royal Power and Prerogative aforesaid, with the piety, justice and prudence of His Majesties resolution herein; Likeas His Majesty, with their advice and consent, doth hereby Establish, Ratifie and [Page 10]Confirm this constitution of a National Assembly, as the law­ful constitution of the National Synods and Assemblies of this Church, His Majesty, or His Commissioner (without whose presence, no National Synod can be kept) being al­wayes present: And Declares, That no Act, Canon, Order or Ordinance shall be owned as an Act of the National Synod of the Church of Scotland, so as to be of any effect, force or validity in Law, to be observed and keeped by the Archbi­shops and Bishops, the inferiour Clergy, and all other pesons within this Realm (as far as lawfully, being Members of this National Church, it may concern them) but that which shall be considered, consulted and agreed upon by the President and major part of the Members above-specified. It is alwayes hereby provided, that nothing be enacted or put in execution, by Authority of a National Synod within this Kingdom, which shall be contrary to His Majesties Royal Prerogative or the Laws of the Kingdom; And that no Act, Matter or Cause be debated, consulted and concluded upon, but what shall be allowed, approven and confirmed by His Majesty or His Com­missioner, present at the said National Synod.

V. ACT anent ruinous houses in Royal Burghs.

OUr Soveraign Lord being informed, that upon the high Streets of several of His Majesties Burghs-royal, and in the vennels and other pas­sages within the same, there be many houses in the publick view of all people resorting thereto, very ruinous and not inhabited these divers years by-gone, nor likely to be repaired by any, to the great opprobry of the said Burghs, and common scandal of the Kingdom, as being altogether defective of that policy and good order which is, and ever hath been, so earnestly intended in the many wholsom and laudable Laws already made, by His Majesty and His Royal Progenitors of most worthy memory. And finding the Burroughs very desirous to have these many dan­gers and inconveniences prevented and remeeded, which the inhabitants of these Burghs, and the rest of the Lieges fre­quenting the same, do continually fear from such ruinous build­ings; Doth therefore, with advice of His Estates of Parlia­ment, Ordain the Provost and Bailies of the Burgh where such ruinous houses are, to cause warn and charge all persons, that [Page 11]have or pretends right to the property of such Lands and Build­ings, or any Annual-rents forth thereof, to cause build and repair in a decent way, within year and day, such Houses and Buildings as have been wast and not inhabited three years be­fore the date of this present act, or shall be wast and not in­habited thereafter by the foresaid space of three years, or else to sell the same to others, to be builded within the same space of year and day: And to charge all known persons, per­sonally or at their dwelling places, and by open Proclama­tion at the Paroch-kirk or Mercat-cross of the Burgh; and all others by open Proclamation at the said Mercat-cross and Pa­roch-kirk. And in case of their absence out of this Realm, at the Cross of Edinburgh, and Peer and Shoar of Lieth, upon threescore dayes; with certification to them if they failzie, the said Provost and Bailies shall cause the said Lands and Tene­ment to be valued by certain persons, to be chosen and sworn by them for that effect, and sell the same to any person that will buy them, and pay the price of the same to these owners, if they be known; and if they be not known, to consign the prices thereof in the hands of the Provost, one of the Bai­lies, or Dean of Gild of the said Burgh, to be forth-coming to these who have interest thereto: And if no man will buy them, it shall be lawfull to the said Provost and Bailies, after apprising thereof, as said is, and payment or consignation of the prices of the same, to cast down the said ruinous Houses, and cause build the same of new. And His Majesty, with advice foresaid, Declares, That it shall not be lawfull in time com­ing, to any manner of person to pursue them nor their succes­sors therefore, nor pretend any right or interest therto, but that the said right shall be a perfect security to the builders thereof and their successors.

VI. ACT discharging the importation of Strong-waters, &c.

OUr Soveraign Lord and Estates of Parliament, un­derstanding, that there are divers Strong-waters, Mum-bear and other Beer for drinking, brought in­to this Kingdom from Forraign places, which might be more conveniently made within the Kingdom, to the benefit of the natives thereof. Therefore, His Majesty, with consent of the saids Estates, Discharges all in-bringing of Aqua-vitae or Strong-waters, Mum-beer and other Beer for drinking (except Black-beer, called Spruce-beer) within this Kingdom, under the pain of escheat thereof.

VII. ACT discharging the mixing of Tin with Lead.

OUr Soveraign Lord and Estates of this present Par­liament considering, the great hurt sustained by His Majesties Lieges, by the fraudulent dealing of Pewterers, in mixing the finer sort of Tin brought from England, France, Flanders and other parts beyond sea, with baser and courser mettal of Tin and Lead, and their exacting greater prices betwixt the new Pewter casten by them, and the old which they receive from the Lieges. For remeid thereof, it is Statute and Ordained, that the Pewterer or Founder of Tin, shall put the mark of the Thistle, and the Deacons mark; with his own name, upon every peece of work that he happens to cast, and that the same shall be of the finest of the Pewter marked with the Rose in England; And in case the same be under the finest of the said Pewter of England, that the same shall be confiscat, and he punished in his person at the discretion of the Magistrates of the Burgh where he dwels: And to that effect, that there be a Say-master appointed by the Magistrates in each Burgh, for trying of the same. As like­wayes, that he shall take, betwixt the pound of old Pewter and Tin, marked with the Rose foresaid, and the pound of new casten by him, two shillings Scots allanerly, under the pain foresaid.

VIII. ACT anent the discharging of Advocations for sums within two hundred merks.

OUr Soveraign Lord and Estates of Parliament con­sidering, the manifold prejudices and troubles aris­ing to divers of His Majesties Lieges, in pursuing of maters of small importance, by the too frequent granting of Advocations from inferiour Judges. Therefore, our said Soveraign Lord, with advice and consent of the saids Estates, Discharges the Lords of Session from giving and granting Letters of Advo­cation, of any actions intended or to be intended before whatso­ever inferiour Judicatories, which may competently, by the Laws of the Kingdom, be decided by the saids inferiour Judges, before whom the said Action is or shall be intended, for sums of money within two hundred Merks; or for any other cause, whereunto by the Laws of the Kingdom, the saids inferiour Judges are ex­presly appointed Judges.

IX. ACT in favours of Minors, anent the duties of the Lands comprised from them.

OUr Soveraign Lord considering, the favourable condition of Minors, who are often-times desti­tute of Tutors and Curators; and though they have them, yet in respect of their minority, they are not in capacity or credit to raise sums of money for satisfaction of their Creditors: And it being unreasonable, that their Creditors comprisers of their Estate, should, during the not expiring of the legall reversion, which, according to Law, continues during their minority, have more advantage by their Estate then corresponds to the Annual­rent of the true sums owing to them by vertue of their com­prisings; Doth, with advice and consent of His Estates of Par­liament, Ratifie and Approve the act of Parliament, made in August, one thousand six hundred and twenty one, Cap. 6. in so [Page 14]far as the same concerns Minors; And Declares, that the true meaning thereof was, and is, that Minors, having right to the legal reversion, should be no further oblieged during their mi­nority of twenty one years of age, but allanerly for the An­nual-rent of the sums contained in the comprisings; and that they lose not the right of the super-plus of the mailes and duties of the Lands, so far as the same exceeds the said Annual-rents, during their said minority.

X. ACT against exportation of Money forth of the Kingdom.

THe Estates of Parliament considering, how much the Kingdom is impove­rished by the daily exportation of mo­ney forth of the same; and that the making use of our own native Com­modities, for furnishing us with these things which formerly were brought to us from Forraign places, is, by the commendable industry of several deserv­ing Countrey-men and ingenuous Artists, much improved: And that in order to their encouragement, and that our own native Commodities may go the better off, necessar it is, that some more severe restraint then formerly be laid upon the exporta­tion of money. Therefore, the King's Majesty, with advice and consent of His Estates of Parliament, Statutes and Ordains, That no person or persons whatsoever, shall trade or use mer­chandize with any other Nation, till first they take an Oath before the Lord Theasurer or Theasurer-depute, or before such persons as they shall appoint for that effect, that they shall not export by themselves or others, directly or indirectly, by Sea or Land, any Gold or Silver, coyned or un-coyned, except such a sum as they shall declare upon oath before the said Lord Thesaurer, Thesaurer-depute, or these appointed by them, as said is, to be necessar for making of their voyage to the Port where they are going; and that if he know any money trans­ported by any other person, he shall delate the same to the Lord Thesaurer, Principal or Depute, or to the foresaid persons appointed by them. As likewise, every Skipper shall, before he make any voyage after the publication hereof, to any other Kingdom or Nation, take an Oath before the said Lord The­saurer [Page 15]or Thesaurer-depute, or these appointed by them for that effect, that he shall not himself transport, nor suffer any Gold or Silver, coyned or un-coyned (except as is above-excepted, and except the sum of three score pounds at most, which every Passenger is hereby allowed to carry forth of the Countrey for his necessar spending) to be transported in the Ship wherein he is Master, and that he shall use his utmost endeavour for discovery of the same, if any be: And that if after he hath made sail, it shall come to his knowledge, that there is any money concealed in his Ship, or in any other Ship, he shall, at his return, delate the same to the Lord Thesaurer, Prin­cipal or Depute, or to these appointed by them for that ef­fect: and which persons appointed by them, are hereby re­quired, to give timous notice thereof to the said Lord The­saurer or Thesaurer-depute, under the penalty of the half of the money informed to have been transported. And sicklike, the saids Oaths shall be renewed and taken before the saids Lord Thesaurer or Depute, or these appointed by them, as said is, by all Skippers and Merchants, at the making of every par­ticular voyage; and both the saids Oaths shall be subscribed by the respective parties, and insert in the Books of Exche­quer, or in the Books of these persons appointed by the Lords Thesaurer or Depute for that effect; for which Extracts, they shall pay to the keepers of these Registers twelve shillings Scots allanerly, the one thereof to be carried to the Customer, and in­sert in their Books gratis; the other to be carried to the keeper of the Cocquet, and insert in his Books gratis. And it is fur­ther Statute and Ordained, That in case any Merchant or Skip­per, shall, after the publication hereof, trade with, or make any voyage to any other Kingdom or Nation, before the taking of the saids Oaths, and production of the Extracts thereof to the Customer and keeper of the Cocquet, that then they shall forfeit the fifth part of their moveables and be incapable, the Merchant of all trading, and the Skipper of having any charge of any Ship within this Kingdom in all time coming. Pro­vided alwayes, that the taking of the Oaths above-mentioned shall be without prejudice of search for, or seisure of, any export­ed money: And if any Gold or Silver, coyned or un-coyned, shall, after publication hereof, be discovered carrying out of the Kingdom, by any person who hath taken the said Oath, the same not only to be confiscat, but the person or persons owners thereof, to be proceeded against as perjured persons, and further lyable to six moneths imprisonment. As also, it is hereby De­clared, that notwithstanding of the said Oaths, if it shall at any time thereafter be legally proven, money hath been carried out of the Kingdom by the persons takers of the said Oath, the saids persons shall be proceeded against as perjured persons, and [Page 16]by and attour, be fined in the value of the money exported; and whatsoever money shall be discovered or seized upon, the one half thereof to be for His Majesties use, and the other half to the informer. And the Lord Thesaurer and Thesaurer-de­pute are hereby required, to appoint sufficient honest men, to be found at the respective Ports of this Kingdom, or Royal Burghs next adjacent thereto, for taking of the saids Oaths; And that they take Bond, with sufficient caution, from each of the persons so appointed, under the pain of six thousand pounds Scots, that they shall not suffer any Merchant or Skipper to use trade or merchandize with any Forraign Kingdom or Na­tion, before they have taken the said Oaths; and shall do their utmost endeavours for discovery and seizure of all money carryed out of the Kingdom: And that if it shall be informed to them, that any money hath been carryed out of the King­dom, they shall give speedy and timeous notice of their infor­mation to the said Lord Thesaurer or Thesaurer-depute, the one half of the foresaid sum of six thousand pounds, in case of failzie, to be for His Majesties use, and the other half to be given to the delator, and to be further liable to six moneths imprisonment for breach of their trust. And sicklike, the said Lord Thesaurer principal, and Thesaurer-depute, are hereby required, to cause the Farmerers and Collectors of the Custom, and keepers of the Cocquet, to take an Oath, that the saids Farmerers and Collectors of the Custom shall use their utmost endeavours, for the discovery and seizure of all money carrying out of the Kingdom by Sea or Land, either by Merchant, Skipper, or by any person of whatsoever quality or degree, ex­cept as is above excepted; and that they shall not give warrand to any Skipper to receive a Cocquet, unless they have received, both from the Skipper and Merchants in the Ship, extracts of the respective Oaths, as said is; and that the keepers of the Cocquets shall give no Cocquet, unless they have likewise received extracts of the Oaths above-mentioned, both from Skipper and Mer­chants; and both Customers and keepers of the Cocquet to give Bond, with sufficient Caution, under such sums of money as the said Lord Thesaurer principal, and Thesaurer-depute shall think fit, for fulfilling of the premisses. And in case the saids Farmerers, Collectors and keepers of the Cocquet, or either of them, shall refuse to compear, or compearing, refuse or delay to take the Oath, and give their Bond as aforesaid, then their Tack, Commission, Gift, or any other Title by which they enjoy their Places and Charges to be void and null, and they to be further lyable to such censures, as the said Lord Thesaurer principal, and Thesaurer-de­pute shall think fit for their contumacy. And if it shall be made appear to the said Lord Thesaurer principal, and Thesaurer-depute, that any of the Farmerers or Collectors of Custom, or keepers of [Page 17]Cocquet, shall transgress the Oath and Bond above-mentioned in any part, then their Tack, Commission, Gift, or any other Title by which they enjoy their saids Places, to be void and null, and they to have incurred the sums and penalties contained in their respective Bonds (the one half thereof to be given to the informer or delator) and to be further proceeded against as perjured persons; Discharging hereby, all granting of Licences for exporting of money; except to such persons allanerly as shall make faith in Exchequer, or these appointed by the Lord Thesaurer or Thesaurer-depute; and give sufficient Bond, that the money which they are to carry out, is to be bestowed upon Timber in Norway, or in order for bringing in of Victual in time of extream dearth, and that they shall return, in specie, what part of the money shall not be so bestowed.

XI. ACT for encouragement of Tillage and Pasturage.

OUR Soveraign Lord considering, how necessar it is, for the encouragement of the tillage of this Country, which is subject to so much toil and expence, though the improvement thereof be most advantagious to the whole King­dom, That liberty be granted for the exportation of Corns, after the Na­tives are sufficiently provided for. Therefore, the King's Majesty, with advice and consent of His Estates in Parliament, Statutes and De­clares, That it shall be lawful to export Corns of all sorts, when they are under the prices following, at the Ports or respective places of exportation; viz. ilk Boll of Wheat, under twelve pounds the Boll, Beir and Barley, under eight pounds the Boll, Oates and Pease, under eight merks the Boll; notwithstanding of any former Acts, Laws or Practice to the contrary, they pay­ing the usual Custom and Bullion as formerly: with this provisi­on, That when the Lords of His Majesties Secret Council shall judge it necessar, for the good of the Kingdom and preventing of dearth, they may discharge the exportation of Victual of all sorts, for so long time as they shall think fit. As also, for im­provement [Page 18]of the Pasturage of this Kingdom, and for encourage­ment of the breeders of the Bestial thereof, It is Statute and Ordained, with advice and consent foresaid, that the exportation by Sea, of all sorts of Bestial, either Nolt, Sheep or Swine, and barrelled Fleshes of all sort, shall be free of Custom, Bullion, and all other impositions, for the space of nineteen years next after the date hereof.

XII. ACT for a new Imposition upon English Com­modities.

THe Estates of Parliament considering, how much it concerns the credit and wealth of the Kingdom, that our own native Commodities be manufactured amongst our selves, and that the en­deavours of such persons as are setting up Manufacturies and Trades, have been, and are much retarded, by the importation of such forraign Commo­dities as may be made within the King­dom. Therefore, and for their due encouragement, the King's Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, That from and after the first day of Sep­tember next, twelve pounds Scots upon ilk ell of broad English Cloath; six pounds upon ilk ell of York-shire and all narrow Cloath; two pounds eight shillings upon ilk ell of Searge; thirty shillings upon ilk ell of Castilians; forty eight pounds upon ilk Beaver-hat; twenty four pounds upon ilk Demy-beaver and Vi­gon; and three pounds upon the peece of ilk common Hat; thirty six pounds upon the dozen of worstead Stockings; twenty four pounds upon the dozen of Stag-gloves; and twelve pounds upon the dozen of single Stags, Cordivans, Kid or Shiverings; and twenty four shillings upon ilk pound of Tobacco, imported either for sale or private use into this Kingdom from England, all Scots money; Be exacted, levied and collected; and fourscore per cent. upon all other sorts of Commodities imported into this King­dom from England, and not particulary named in this Act, and upon all the growth and Manufactury of that Kingdom, though imported from any other place, and that over and above all other impositions put upon the same already. And to the ef­fect this present Act may be the more exactly put to execu­tion, [Page 19]It is Statute and Ordained, That all Goods imported from England, or of the growth and manufactury of England, not above particularly exprest, shall be valued, after sighting, by two skilfull honest men, upon oath, to be nominate by the Dean of Gild or his Assessors, or Magistrates of the Burgh, or next adjacent Burgh to the Custom-office, where the saids Goods are entered, or by the oath of the party to whom the saids Goods belongs, and accordingly pay the said fourscore per cent. And the Lords Thesaurer and Thesaurer-depute, and Lords of His Majesties Exchequer, are hereby required to take an Oath, and Bond with sufficient Caution, from the Farmers or Col­lectors of the saids impositions, that they shall exactly collect the same, without any abatement thereof, directly or indirectly; and that they shall not suffer any of the saids Goods to pass or be conveyed away un-entred, and that under the penalty of the worth of the saids Goods, if the contrary shall be made appear, the one half thereof to His Majesties use, and the other half to the informer, and under the pain of forfaulting their Tacks and Commissions, and being declared incapable to farm or col­lect, in any time hereafter, any Custom, Excise, or other Impo­sition whatsoever within this Kingdom. And if any of the foresaids Goods or Commodities shall be informed and made appear to be brought in, or shall be seized upon, not being entered in the Custom-office, or any other Office appointed for that effect, then the same to be wholly confiscat, the one half to His Majesties use, and the other half to the first informer or seizer thereof.

XIII. ACT imposing a Custom upon Corn imported from Ireland into this Kingdom.

THe Estates of Parliament considering, what great sums of money are carryed out of the Kingdom, by persons, impor­ters of Corn hither from Ireland, who having sold their Corns, export the mo­ney without battering any of the Com­modities of this Kingdom; whereby the whole Nation, particularly those near adjacent parts of the Kingdom, are much impoverished of money: And that it is just and reasonable that the said Corns should bear Custom, toward the increase of His Majesties Revenue, proportionably with other imported [Page 20]Commodities, especially when the Corns of this Kingdom are sold at easie rates. Therefore, the King's Majesty, with advice and consent of His Estates of Parliament, Doth hereby impose three pounds Scots of Custom upon ilk boll, Linlithgow measure, of Corn imported into this Kigdom from Ireland, after the first day of Seplember next; and appoints thirty shillings Scots to be raised upon ilk boll already imported, and not yet retailed, con­form to an Act of the Committee of Estates made there-anent, in anno, one thousand six hundred and sixty. But, least the more indigent sort of people might be prejudged, by highting the prices of the saids Corns in time of dearth, under pretence of the said Custom; Therefore, the King's Majesty, with advice and consent foresaid, doth hereby give power to the Lords of His Privy Council, to remit and discharge the exacting of the said Custom, when they shall find the prices of the Victual of this Kingdom, Meal and Barley respective, to exceed eight pounds the boll; And appoints the Lords of His Exchequer to cause put this Act to full execution, and cause the foresaid Custom be ex­actly levied, with power to them to allow such fies to the Col­lectors thereof as they shall think fit.

XIV. ACT for in-bringing of His Majesties Rents.

FOrasmuch, as His Majesty and Estates of Parlia­ment, taking to their consideration, the great contempt and neglect of the several Fewers and others lyable in payment of His Majesties Rents, where-through (notwithstanding of the dili­gence and endeavours of His Majesties Thesaurer principal, Thesaurer-depute, and others his Majesties Officers ap­pointed for the management of His Majesties Revenue) the same are not payed, or otherwise so unseasonably payed, that it proves a great hindrance and prejudice to His Majesties Affairs. And finding several Acts of Parliament made for the timeous and sea­sonable payment of His Majesties Rents, as well constituting the time and sitting of Exchequer, to the effect that the persons lyable in payment, might know both the time, place and persons, where, when, and to whom they should compt and make payment of the saids Duties, as also such censures and penalties as might induce them to due obedience thereto: Particularly, the sixty third Act, Par. eleventh, holden by His Majesties Grand­father [Page 21]of blessed memory, in anno, one thousand five hundred and eighty seven, Ordaining the Exchequer to sit down the first day of July yearly, and to continue to the last day of August thereafter; requiring not only the Thesaurer, Comptroller, Collector, their Deputes and other Officers, to be present and give their attendance during the said time; but also, all persons lyable in payment, who ought to make compt in Exchequer, to be charged by Precepts to compear thereat, under the pain of fourty pounds, to be uplifted by the Thesaurer; Ordaining Let­ters of Horning to be directed against them for payment there­of, and that the saids persons do attend for making of the saids accompts to the close thereof; and in case of disobedience to the said Precept, that they be charged of new at the Mercat-cross of Edinburgh, and in case of their disobedience to the said Charge, to be denounced Rebels at the said Cross; which denounciation is declared to be as sufficient, as if the same were at the head Burgh of the Shire where the person liveth, and that the Horn­ing be registrat in the Thesaurers Books or Sheriff Books of Edinburgh. And sicklike, by the sixty fifth Act of the said Parliament, All Chamberlains and other Receivers of His Majesties Rents, as well heretable as moveable, are ordained to find cau­tion to the Thesaurer in Edinburgh, for making compt at the or­dinar time of Exchequer, and payment within twenty dayes af­ter the terme. And also, by the eighty Act of the said Par­liament, it is Ordained, that Letters be directed, charging the Sheriffs, under the pain of rebellion; with certification, &c. to find caution, Burges Indwellers in Edinburgh, that they shall yearly make their accompts in Exchequer, and pay all things resting owing to the King's Majesty, by vertue of their Office. And sicklike, by the two hundred and thirty Act, Parliament fourteenth, anno, one thousand five hundred and ninety four; not only the foresaid Act is ratified and approven; but also, all Chamberlains, Fewers, Customers, Bailies of Burroughs, and Sheriffs, and others intromettors with the fore­saids Rents, are ordained to find caution Burgesses of Edin­burgh, for yearly compearing and making compt in Exchequer. And sicklike, by another Act, Parliament fifteen, Act two hun­dred and sixty two, for preventing of the prejudice that did then arise, through the not timeous payment of the foresaids Rents, payable out of the High-lands and Isles, the saids Fewers are Ordained to find caution to the Exchequer, for yearly and thank­full payment of the yearly Rents, Duties and Services due and payable forth of the Lands possest and occupied by them, or any other in their names; wherein if they failed, their pretended In­festments, and other Rights and Titles they have to any of their Lands, either property or superiority, are declared forfault and null. Which whole Acts of Parliament respective above-men­tioned, [Page 22]The King's Majesty and Estates of Parliament, taking of new to their consideration; and finding no means could have been more probable and conduceable, for preventing of these preju­dices and obstructions that have arisen to His Majesties Affairs, through the not timely payment of His Rents; and that the neglect of the exact putting of the saids Acts to execution, hath been the only fountain from whence these have sprung. Therefore, and for preventing of the same in the future, the King's Majesty, with advice and consent of the Estates of Par­liament, doth Revive, Renew, Ratifie and Approve the fore­saids Acts, respectively and particularly above-written, of the dates, tenors and contents thereof in all points, in so far as the same are or may be extended to the payment or securing of His Majesties Rents; and Ordains the same to have force, and be punctually obeyed and extended against all Chamberlains, Few­ers, Sheriffs, Stewards of Stewartries, Bailies of Regalities, Bailes of Burroughs, and others lyable in payment of any of His Ma­jesties Rents, for finding caution in Exchequer to the Thesaurer principal and Thesaurer-depute, who are hereby required to cause charge the foresaids persons, particularly above-mentioned, at the Mercat-cross of Edinburgh to compear before them, to the effect above-written; with certification, not only under the pains contained in the respective Acts of Parliament, but also, in case of their disobedience, to denounce them Rebels at the said Mer­cat-cross of Edinburgh, and to be registrate in the Thesaurers or general Registers of Hornings: Which charge, denounciation and registration respective, the King's Majesty and Estates of Par­liament Declares to be as sufficient, to all purposes and intents, as if the same charge were given to them personally at their dwelling-houses, and the denounciation at the head Burgh of the Shire where they live, and the same registrate in the Sheriff Books thereof. And sick like, His Majesty and Estates of Parliament taking to their consideration, that several of the saids Fewers, charged and de­nounced for not compearing, compting and paying of their saids Duties, do ly under the Process of Horning, apprehending them­selves (from the distance of the place) secure, both as to their persons and goods, to the great contempt of His Majesties Royal Authority, slighting, contemning and vilipending His Majesties Laws: And His Majesty and Estates of Parliament considering, by the nature, duty and office of each Sheriff, Stewart and Bai­lies of Regalities within their respective Jurisdictions, they as His Majesties Officers are oblieged, and by several Acts of Parliament, ( viz. the 30. Act JA. 4. Par. 3. Par. 6. Act 69. Act 97. JA. 5. Par. 7. Act 74. Par. 6. JA. 6. Act 75. JA. 6. Par. 6.) Ordained, to execute His Majesties Laws, and put Letters of Poinding and Caption to execution, take and apprehend the Rebels, uplift their estates and compt for the same to the Comptroller and The­saurer [Page 23]and to cause their Clerks give in the Registers of Horn­ings, and to uplift His Majesties retoured Duties, blench Duties, Taxations, and other Duties payable to His Majesty, as not only the saids Acts of Parliament, but also the several Rolls of Ex­chequer bears; Whereby it appears, both by Law, and the nature, and duty of their Office, that they ought to execute His Ma­jesties Letters, and cause His Majesty be payed of His Rents by the persons lyable on payment thereof within their bounds, and that the contemners of His Majesties Authority be duly puni­shed, and His Majesties Laws put to execution by them as His proper Officers. Therefore, the King's Majesty and Estates of Parliament Ordains, when any of the foresaids persons, for dis­obedience to the charges given to them for payment of the Mails, Farmes and Duties, as said is, are denounced Rebels and put to the horn, Letters be directed to charge the Sheriff of the Shire and his Deputes, Stewart of the Stewartry, Baily of the Regali­ty respective, within those bounds where the saids persons dwells or lands lyes, to take and apprehend their persons and put them in warde, ay and while payment be made to the Thesaurer and Thesaurer-depute, or others appointed by them, and an eque retired thereof, or to poind and destrinzie the readiest goods and geer, and make sale of so much thereof; and to cause His Majesties Thesaurer and Thesaurer-depute, and others appointed by them for that effect, to be compleatly payed of the said sum charged for, or to instruct sufficient and exact diligence for the same, with­in twenty one dayes next after they be charged: With certifi­cation, if they failzie, the saids twenty one dayes being by-past, Letters shall be directed to charge them or their respective cau­tioners to make payment thereof themselves, under the pain of rebellion and putting of them to the horn; and if they failzie, to denounce them rebels, &c. in manner above-specified.

XV. ACT concerning Beggars and Vagabonds.

OUr Soveraign Lord, considering the many lau­dable Acts of Parliament, made by His Maje­sties Royal Predecessors for relief of the Poor, and for constraining of Beggars, Vagabonds and idle Persons to take themselves to lawful Cal­lings, that they might not be burdensom and dis-gracefull to the Kingdom; Especially the seventh Act of the sixth Parliament of His Majesties Royal Grand-father King James [Page 24]the sixth of happy memory; Ordaining the names of the Poor of ilk Paroch, and such as must be necessarily sustained by almes, to be taken up, and to tax and stint the persons within the Paroch according to the estimation of their substance, without excep­tion of persons, to such weekly charges and contributions, as should be thought sufficient to sustain the said poor People: And the hundred and sixty eight Act of the fifteenth Parlia­ment King James the sixth, Ratifying the former Act; with this addition, That strong Beggars, with their Bairns, be imployed in common Works, and that they shall continue servants there­in during their life times. And considering the tenth Act of the two and twentieth Parliament of His said Royal Grand­father King James the sixth, Recommending to all His good Subjects, to take into their service poor and indigent Children, declaring that they shall be subject to their said Masters, their Heirs and Assignes, in all kind of service that shall be enjoyned to them, untill they pass their age of thirty years compleat, and that they shall be subject to their Masters correction and cha­stisement in all manner of punishment (life and torture except­ed) and that if it shall happen, the said persons to absent them­selves from their Masters service without their licence, not on­ly to be lyable to bodily punishment at their Masters discre­tion, but that all recepters of them shall be oblieged to restore them to their Masters, within twenty four hours after they be required, otherwayes, to pay to their said Masters, ten shillings Scots for ilk dayes absence till they be restored. And His Majesty considering, that the chief cause, whereby the foresaids Acts have proven in-effectual, and that Vagabonds and idle Persons do yet so much abound, hath been, that there were few or no common works then erected in the Kingdom, who might take and imploy the said idle Persons in their service; and that now, by His Majesties Princely care, common Works for Ma­nufacturies of divers sorts, are setting up in this Kingdom; Therefore, His Majesty, with advice and consent of His Estates in Parliament, Ratifies and Approves the foresaids Acts of Par­liament; with this addition, That it shall be leisum to all Per­sons or Societies, who have or shall set up any Manufacturies within this Kingdom, to seize upon and apprehend the persons of any Vagabonds, who shall be found begging, or who being Masterless and out of service, have not wherewith to main­tain themselves by their own means or work, and to imploy them for their service as they shall see sit, the same being done with the advice of the respective Magistrates of the place where they shall be seized upon; And Ordains the Paroches where such Vagabonds or idle Persons, as shall be found begging, were born; or in case the place of their nativity be not known, the Paroches where they have any residence, haunt, or most resort, [Page 25]for the space of three years immediately preceeding their being so apprehended, who thereby are relieved of the burden of them, to make payment to the Persons or Societies that shall happen to imploy them, of two shillings Scots money per diem, for the first year after they be apprehended, and one shilling Scots per diem for the next three years thereafter; the one half thereof to be payed by the Heretors of the several Paroches respective, and the other half thereof to be payed by the Possessors and Inha­bitants dwelling upon the ground of each Heretor respective. Likeas, His Majesty, with advice and consent foresaid, Ordains the Heretors of each Paroch, or as many of them as shall happen to meet, upon publick intimation, made at the Paroch-kirk upon any Sabbath at the dissolving of the Church from the first Sermon, by any of the Heretors of the Paroch, or by the imployers of the Poor, to make up a stent Roll for maintenance of the Poor in their Paroch, who shall be employed, as said is, at the rate aforesaid, the one half thereof to be payed by the Heretors, either conform to the old extent of their Lands within the Paroch, or conform to the va­luation by which they last payed assessment; or otherwayes as the major part of the Heretors, so meeting shall agree, Life-renters and Wod-setters alwayes being lyable, during their Rights as Heretors; and the other half thereof to be laid upon the Tennents and Possessors, according to their means and substance. And in case the saids Heretors, being required by any Person or Society, imploying the Poor as said is, shall failzie to make up and deliver a stent Roll in manner foresaid, with power to the Per­sons, Society or others intrusted by them, to charge the Here­tors of each Paroch for the sum of two shillings Scots per diem, for each one of their Poor, whereof they shall be relieved in manner foresaid, conform to the old extent or valuation foresaid, at the option of the person or Society imploying, or these in­trusted by them; which stent Roll shall continue and stand for one year after the making up thereof, either by the Heretors, or in case of failzie, by the Persons or Societies imploying the Poor. as said is, and shall then be renewed from year to year, during the years above-written. Providing also, that the Heretors, in case they failzie to make a stent Roll, as said is, and be charged conform to the old extent or valuation of their Lands, that they shall have relief of the Tennents and Possessors of their Lands, for the one half of what they shall be distressed for. And His Majesty, with consent foresaids, Ordains Letters of Horning to be directed hereupon, at the instance of the Persons or Societies imployers of the Poor, or persons intrusted by them, against the Heretors and others for payment of the said daily allowance for the Poor, or against the recepters of them, being so imployed, for ten shillings Scots money per diem, upon fifteen dayes only: Pro­viding alwayes, that after examination of the case, the Lords of [Page 26]the Privy Council shall find cause for directing such Letters; And Ordains all Sheriffs, Stewarts, Bailies of Regality, Principality, Magistrates of Burroughs, or Justices of Peace and their Con­stables, to be assisting in the apprehending of the saids Vaga­bonds, or in the bringing of them back to their service, after they shall be employed: And strictly Prohibits and Discharges all persons whatsoever, to oppose or hinder the taking or bring­ing back of them in manner foresaid respective, under the pain of deforcement. Likeas, it is hereby Declared, That the Poor so imployed shall continue in the service of the employers, and under their direction and correction, in manner foresaid, not only during the space of the maintenance to be payed for them by their Paroches, in manner above-written; but also for the space of seven years thereafter for meat and cloath only; Declaring alwayes, likeas it is hereby expresly Declared, that the Burgh of Air nor their Inhabitants shall no wayes be comprehended here­in, but are excepted here-from in all points. And recommends to the Lords of the Privy Council, to see this Act, and all former Acts of Parliament made against sturdy Beggars and Vagabonds, put to execution, with power to them to supply by their order what shall be deficient, as to the execution of the saids Acts.

XVI. ACT anent the measure of Coal.

OUr Soveraign Lord considering, that several questions and debates do arise, betwixt the buyers of Coal, and the Customers and Re­ceivers of the Bullion, anent the measure of the Chalder, by which the Custom and Bul­lion imposed upon the Coal should be paid; Doth therefore, with advice and consent of His Estates of Par­liament, Statute and Declare, That the rates of Custom and Bul­lion, imposed upon the Chalder of Coal, is, and shall be under­stood of the Culross-chalder; and the saids rates exacted and paid according to that measure allanerly, notwithstanding of any for­mer Custom to the contrary.

XVII. ACT anent the Foot-measure.

THe Estates of Parliament considering, that not­withstanding by the ancient Laws of the King­dom, the ell is designed to be thirty seven inches, yet many use inches by which the ell is divided into fourty two inches, and of these small inches, make the Foot-measure of a smaller proportion then it ought to be, to the great preju­dice of the Lieges; and that the occasion of this Liberty hath been, because, that hitherto there hath no Standard been ap­pointed for Foot-measures, as well as other measures. There­fore, His Majesty, with advice and consent of His Estates of Parliament, Statutes and Ordains, That from and after the first day of June next, one thousand six hundred sixty four, no Work­man nor other person shall make use of any other Foot-mea­sure, then such as consists of twelve of these inches, whereof the ell contains thirty seven: And that this may be the bet­ter made practicable to the Lieges, Ordains an exact Standard­foot to be made by the Magistrates of Edinburgh, before the first of January, one thousand six hundred and sixty four, of Iron or Copper, and preserved by the City of Edinbugh for all time coming. And that all Burghs shall have a measure made according to it, and hung at their Tolbooth doors or upon their Mercat-crosses, before the first of March, one thousand six hun­dred and sixty four; and any Burgh that shall fail in this, shall be lyable to the penalty of one hundred pounds Scots. And Ordains, That all Wrights, Glasiers, Masons, and all other sorts of publick Workmen, shall work by this Foot-measure allanerly, that the Lieges may not be abused by variety of measures. Providing alwayes, that this do infer no further pri­viledge to the Burgh of Edinburgh, in justing of the Stan­dard to the Shires and Burghs within the Kingdom, then the keeping of the same; nor to any others that have Standards of the like nature.

XVIII. ACT discharging Monday and Saturday Mercats in Royal Burghs.

OUr Soveraign Lord considering, that there is much oc­casion given for profanation of the Lords-day in the Royal Burghs, by keeping their weekly Mercats on Monday and Saturday, and that the same may be as conveniently kept on other dayes of the week; Doth therefore, with advice and consent of His Estates in Parliament, Inhibit and Discharge, all the Royal Burghs, from keeping any Mercats, in time coming, upon the Monday or Saturday, under the pain of one hundred Merks, to be payed by each of the Royal Burghs for every contravention respective: And allows them to change and keep their Mercats on other dayes of the week as they have done formerly, since the year, one thousand six hundred and fourty four, and that they make time­ous intimation of the change to the next adjacent Burghs. It being alwayes Declared, that this Act is not to be extended against Fleshers in Royal Burghs, who may keep Mercat of Fleshes in their respective Burghs upon these dayes, this Act notwith­standing.

XIX. ACT anent Lint-seed, Hemp-seed and Steel.

THe Estates of Parliament, taking to consideration, the manifold mistakes and differences that do and may arise, betwixt the Farmers of Excise and Merchants, anent the exacting of Excise upon Lint-seed, Hemp­seed and Steel, which seems to be occasioned because these Com­modities are not particularly excepted, in the Act of the Annuity, from payment of Excise: And being certainly informed, that the pre­sent Farmers of Excise and their Collectors, do require and exact duty of Hemp-seed, Lintseed and Steel, contrary to the meaning of the said Act of Annuity, and of the fourtieth Act of this present Parliament, made for encouragement of Manufacturies. There­fore our Soveraign Lord, with advice and consent of His Estates of Parliament, Doth Declare, all Hemp-seed, Lint-seed and Steel, to be included in the generality of the proviso of the said Act of Annuity; as also of the said fourtieth Act, whereby all materials for Manufacturies are exempted from Excise.

XX. ACT anent Manses and Glebs, and poinding for Ministers Stipends.

OUr Soveraign Lord, considering the great diffi­culties which often-times the Ministers of the Gospel do meet with, in the due payment of their Rents and Stipends; So that they are sometimes forced to use legal execution by poinding, and in so doing are necessitate to carry the Goods poinded, to be apprised at the Mer­cat-cross of the head Burgh of the Shire, Stewartry, Bailery or Regality, many miles distant from the place where the Goods are poinded, to the great prejudice of the party and of the Goods also. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Declares, That it shall be sufficient to the Ministers foresaid, in poinding, apprising and destrenzying the Goods of the persons deficient in payment of their Rents and Stipends, to comprise the saids Goods, by honest sworn men, upon the ground of the Lands and place where the Goods are, which shall be as sufficient, as the same were done at the saids Mercat-crosses. And because, notwithstanding of divers Acts of Par­liament made of before, divers Ministers are not yet sufficiently provided with Manses and Glebs, and others do not get their Manses free at their entry: Therefore, our Soveraign Lord, with advice foresaid, Satutes and Ordains, That where competent Manses are not already built, the Heretors of the Paroach, at the sight of the Bishop of the Diocess, or such Ministers as he shall appoint, with two or three of the most knowing and dis­creet men of the Paroach, build competent Manses to their Mi­nister, the expences thereof not exceeding one thousand pounds, and not being beneath five hundred Merks: And where compe­tent Manses are already built, Ordains the Heretors of the Pa­roch to relieve the Minister and his Executors of all cost, charges and expences, for repairing of the foresaid Manses; De­claring hereby, that the Manses being once built and repaired, and the building or repairing satisfied and payed by the Here­tors in maner foresaid, the saids Manses shall thereafter be up­holden by the incumbent Ministers during their possession, and by the Heretors in time of vacancy, out of the readiest of the vacand Stipend. In like-maner Ordains, that every Minister have fewel, foggage, feal and devots, according to the Act of Parlia­ment, made in anno, one thousand five hundred and ninety three. [Page 30]As also, that every Minister (except such Ministers of Royal Bur­roughs, who have not right to Glebs) have grass for one horse and two kine, over and above their Gleb, to be designed out of Kirk-lands, and with relief according to the former Acts of Par­liament standing in force; And if there be no Kirk-lands lying near the Ministers Manse, out of which the grass for one horse and two kine may be designed, or otherwayes, if the saids Kirk-lands be arable Land, in either of these cases, Ordains the Heretors to pay to the Minister and his Successors yearly, the sum of twen­ty pounds Scots, for the said grass for one horse and two kine, the Heretors alwayes being relieved according to the Law standing, of other Heretors of Kirk-lands in the said Paroch. And because several Kirks have no Glebs as yet designed to them, it is here­by specially provided, that in all designations of Glebs, Incorpo­rat-acers, in Village or Town where the Heretor hath houses and gardens, the same shall not be designed, he alwayes giving other Lands nearest to the Kirk. And His Majesty, with advice fore­said, for special causes and considerations, Declares, that this pre­sent Act, as to the Manses, is to have force, as the same had been made and dated the fourteenth of March, one thousand six hun­dred and fourty nine.

XXI. ACT anent comprisings.

OUr Soveraign Lord, considering, that since the first day of January, one thou­sand six hundred and fifty two, before the making of the sixty two Act of the first Session of this Parliament, enti­tuled, Act for ordering the paiment of Debts betwixt Creditor and Debitor, di­vers persons, having right by posterior Comprisings to the legal reversion of the first Comprising deduced of their Debitors Estate, have, according to the Law then in force, re­deemed or satisfied the first Comprising, and acquired the right thereof for their own better security, lest the legal reversion of the first Comprising should have expired to their prejudice. And whereas, by an Clause of the foresaid Act of Parliament, it is Ordained, That all Comprisings, led since the said first day of January, one thousand six hundred and fifty two, within year and day of the first effectual Comprising, shall come in pari passu to­gether, [Page 31]in maner, and upon the provisions, mentioned in the said Act: Which Clause, as it is most just as to all Comprisings led, and standing un-redeemed and un-satisfied by the subsequent Comprisers having right to the legal reversion; So it were un­just to prejudge those, who, for their own security, have redeemed or satisfied the first Comprising, as said is, according to the Law then standing. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Declares, That albeit the foresaid Act was made ad praeterita, to regulate the diligence used by Com­prisings at the instance of the Creditors: Yet, it was no wayes their meaning to prejudge posterior Comprisers, who, bona side, for their own security, and for preventing the hazard of the ex­piration of the legal reversion of the first Comprising, did re­deem or satisfie the same; And therefore it is Statute and Or­dained, That the saids second Comprisers shall no wayes be pre­judged of the right of the foresaid first Comprising, redeemed and satisfied by them; Declaring nevertheless, that as to the second or posterior Comprising, standing in the parties person who satisfied the first, the same shall only come in with the rest of the Comprisers, pari passu, as it is provided by the fore­said Act. As likewayes Declaring, That these presents be no wayes extended to any Comprisings satisfied by the second Com­prisers, since the making of the foresaid Act of Parliament, or to be satisfied in time coming.

XXII. ACT anent Sentences of Excommunication.

OUr Soveraign Lord considering, that the pro­viso in the twenty fifth Act of the first Ses­sion of Parliament, entituled, Act for denounce­ing of excommunicate persons, anent the exhi­biting the Process and Sentence of excommu­nication before the Lords of Session, to the end they might consider the legality of the Process, and grounds whereupon the Sentence proceeded, before any Letters of de­nunciation should pass against excommunicat persons, was con­cluded before the restauration of the Bishops, and is prejudi­cial and derogatory to the jurisdiction of Ecclesiastical Authority, as it is now established; Doth therefore, with advice and consent of His Estates of Parliament, Retreat and Rescind the said pro­viso, and Declares the same to be void and null.

XXIII. ACT for additional provision in favours of the Ʋniversities.

OUr Soveraign Lord, and the Estates of Parliament, taking into serious con­sideration, the condition of the several Universities of this Kingdom; And finding, that the present mean and in­competent provision of the Masters and Professors thereof, is so prejudi­cial to the flourishing of these Semi­naries of Church and State, that un­less some considerable Augmentation be setled upon them for their encouragment, the ablest and fittest persons of ingenious spirits and education, will shun and avoid the undertaking of Functions in Universities, for want of such in­genuous means as should invite, entertain, encourage and obliege men sufficient for such laborious imployments, to the great de­cay of Learning, and detriment of all ranks of Persons in the Kingdom: For preventing and remeeding whereof, there be­ing an expedient proposed, that the Archbishops and Bishops, and the rest of the inferiour Clergy, may allow some part yearly of their Rents, Benefices and Maintenance, for the space of five years to come, as an exemplary testimony of their piety and zeal, for the advancement of Learning and Religion. Therefore, His Majesty, with advice and consent of the Estates of Parliament, Doth Statute and Ordain, That for the cropts and years, one thousand six hundred and sixty four, one thousand six hundred and sixty five, one thou­sand six hundred and sixty six, one thousand six hundred and sixty seven, and one thousand six hundred and sixty eight, there be raised yearly, out of the Rents of ilk Archbishop and Bishop, the sum of fifty pounds for every thousand merks of the said Revenues, and the sum of fourty pounds out of every thousand merks of the Sti­pends or Benefices of every Minister, and so proportionable six of the hundred, as the Benefice or Stipend shall be valued to be more or less by the Bishops of the Diocesses; And that the saids se­veral proportions, payable by the Bishops, shall be yearly given in to the Archbishops of the respective Provinces, or such as shall have warrand from them; and that the saids several pro­portions, payable by Ministers, shall be yearly given in to the Bishops of the respective Diocess, or such as shall have warrand from them, and for whom the saids Bishops shall be countable: [Page 33]Which sums so to be raised, shall be distributed to the several Uni­versities, according to those proportions which shall be assigned by His Majesty, by a Committee to sit at Edinburgh, consist­ing of the Archbishops of St. Andrews and Glasgow, and the Bi­shops of Edinburgh and Aberdeen, and four others, whereof one to be nominate by the Visitors of the University of St. Andrews, and another by the Visitors of the University of Glasgow, the third by the Visitors of Aberdeen, the fourth by the Council of Edinburgh; Hereby authorizing the Archbishop of St. Andrews, and in his absence the Archbishop of Glasgow, to preside in the said Committee, and to appoint their diets of meeting from time to time; and the Committee to take care, that the sums thus allotted, shall be put into a Stock and setled upon Land or other­wayes, by advice of the respective Bishops, who are Chancellors of the saids Universities; and Ordains the Annual-rent of the said Stock to be proportioned to the Masters and Professors of each University, as the Visitors thereof shall appoint. And fur­ther, His Majesty and Estates foresaid, do Ordain, that Stipends, and all Benefices of Kirks that shall vaik after the first day of February, in this following year of God, one thousand six hun­dred and sixty four, for the space of seven years next there-after, shall be up lifed by

Collector thereof, and imployed by him in the maner, and accor­ding to the proportions above-specified, for encreasing of the Stock of each University: Declaring, that the fifty two Act of the first Session of this Parliament, Concerning the disposal of vacand Stipends, shall be of no force during the space of the years foresaid; And Ordains Letters of Horning and Poinding, and all other execution necessary, to be directed at the instance of the saids Bishops, or any to be appointed by them; and at the instance of the said Collector, for the more speedy in-bringing of the sums respective above-mentioned. Further, His Majesty and the Estates of Parliament, do recommend to the Lords of the Privy Council, to entertain and promote any voluntary offer or con­tribution, for the ends aforesaid, to be made by Noble-men or Gentelemen, for a work so worthy of the publick wisdom, piety and honour of this Kingdom. It is alwayes Declared, that this Act shall be without prejudice of Acts past in this Parliament, for allowing the vacand Stipends of the Diocess of Isles and Ar­gyl for breeding of young Schollars, the sum being regulate by the Committee above-named; and that this Act shall be no pre­parative for laying on any burdens on the Clergy hereafter, with­out their own consent.

XXIV. ACT regulating the proportions of Excise in the several Shires and Burghs.

THe Estates of Parliament, taking to their consideration, the grievances represented to them by several Shires and Burghs, anent the excessive proportions of Ex­cise laid upon them by the late Act of Parliament, and what great burthen the Land-rent of the saids Shires and Burghs lyes under, for making up the saids pro­portions, and the great ease which se­veral other Shires have in their proportions; And it being just and reasonable, that all publick impositions of that nature, should be equally distributed upon those lyable in payment thereof. There­fore, the King's Majesty, with advice and consent of the Estates of Parliament, Statutes and Ordains, that the several Shires and Burghs of this Kingdom, shall, for the moneths of November and December next, one thousand six hundred and sixty three, and January, one thousand six hundred and sixty four years, and in all time thereafter, be lyable in the monethly payment of the re­spective proportions under-written, viz. The Shire of Edin­burgh principal, in the sum of two thousand one hundred and fourty pounds Scots money; The Town of Edinburgh, in the sum of two thousand nine hundred thirty two pounds; The Shire of Haddingtoun, in the sum of one thousand two hundred fourscore and eleven pounds; The Shire of Berwick, in the sum of six hundred and ten pounds sixteen shillings; The Shire of Roxburgh, in the sum of seven hundred threescore twelve pounds sixteen shillings; The Shire of Selkirk, in the sum of one hundred fourty seven pounds ten shillings; The Shire of Peebles, in the sum of one hundred thirty seven pounds ten shillings; The Shire of La­nerick, in the sum of nine hundred threescore eight pounds eight shillings; The Town of Glasgow, in the sum of one thousand threescore sixteen pounds four shillings; The Shire of Dumfriese, in the sum of six hundred fifty six pounds; The Shire of Wig­toun and Kirkcudburgh, in the sum of seven hundred thirty two pounds twelve shillings, whereof the Stewartry of Kirkcudburgh is to pay the sum of four hundred threescore one pounds, and the Shire of Wigtoun the sum of two hundred threescore eleven pounds twelve shillings; The Shire of Air, in the sum of one [Page 35]thousand six hundred thirty nine pounds sixteen shillings; The Shire of Dumbartoun, in the sum of two hundred fifty four pounds; The Shire of Bute, in the sum of fifty seven pounds; The Shire of Renfrew, in the sum of four hundred fifty seven pounds four shillings; The Shire of Stirling, in the sum of nine hundred and threescore pounds eight shillings; The Shire of Linlithgow, in the sum of seven hundred fourscore nine­teen pounds four shillings; The Shire of Perth, in the sum of two thousand three hundred threescore fourteen pounds six­teen shillings; The Shire of Kincardin, in the sum of three hun­dred threescore three pounds twelve shillings; The Shire of Aber­deen, in the sum of two thousand four hundred and eighteen pounds nineteen shillings; The Shire of Bamff, in the sum of four hundred fourty seven pounds three shillings; The Shire of Innerness, in the sum of seven hundred fourscore fourteen pounds eight shillings; The Shires of Elgin and Nairn, in the sum of five hundred fourscore sixteen pounds four shillings; The Shire of Cromarty, in the sum of twenty four pounds; The Shire of Argyl, in the sum of four hundred fourty three pounds sixteen shillings; The Shire of Fife and Kinross, in the sum of three thousand six hundred and eight pounds eight shillings; The Shire of Forfar, in the sum of one thousand twenty four pounds four shillings; The Town of Dundee, in the sum of seven hundred and eighteen pounds four shillings; The Shire of Sutherland, in the sum of threescore twelve pounds twelve shillings; The Shire of Caithness, in the sum of one hundred fifty three pounds four shillings; The Shire of Orknay and Zetland, in the sum of two hundred fourty three pounds sixteen shillings; The Shire of Clackmannan, in the sum of two hundred and six pounds two shillings; And the Shire of Ross, in the sum of two hun­dred and four pounds, money foresaid; Any thing in the said Act of Parliament to the contrary notwithstanding, which is hereby Declared to be of no force or effect, as to the pro­portions of the said Excise, after the said first day of November next.

XXV. An humble Tender to His Sacred Majesty, of the duty and loyalty of His ancient King­dom of Scotland.

FOrasmuch, as the Estates of Parliament, upon con­sideration of the great blessings this Kingdom enjoyeth, under the protection of His Majesties Authority and the administrations of His Royal Government; being thereby not only deliver­ed from their former troubles, and all the evils which attend such usurpations, but being fully restored to, and pos­sest of, all the liberties and priviledges of a free people; Have, by their several addresses to His Sacred Majesty, made offer of their lives and fortunes, and all that is dearest to them, for the advancement of His Royal Honour, Authority and Greatness. And this Kingdom being still more and more sensible of this their happiness, by the often and renewed expressions of His Majesties grace and favour, and of His tenderness and care of their perservation, in the peaceable and secure enjoyment of their Religion, Laws, Liberties and Properties; Do find themselves the more oblieged to renew the expressions of their duty and loyalty to His Majesty. And therefore, the Estates of Parliament, of this His Majesties an­cient Kingdom of Scotland, do, in name and behalf of all His Majesties good Subjects within the same, by these presents, re­new the dutifull tender of their lives and fortunes, for the pro­moving of His Majesties Service and the advancement of His Royal Authority. And as they do chearfully recognosce His Majesties Royal Prerogative and undoubted Right, of the sole power of raising, arming and commanding of His Subjects; So, in a further acknowledgement of their duty, they do make humble and hearty offer to His Majesty, of twenty thousand Foot-men and two thousand Horse-men, sufficiently armed, and furnished with fourty dayes provision, to be raised from the several Shires of the Kingdom, according to the proportions following, viz. From the Shires of Roxburgh and Selkirk, one thousand three hundred thirty three Foot, and one hundred fourty eight Horse. From the Shire of Berwick, eight hundred Foot, and seventy four Horse. From the Shire of Edinburgh, eight hundred Foot, and seventy four Horse. From the Shire of Haddingtoun, eight hundred Foot, and seventy four Horse. From the Shire of Peebles, two hundred sixty six Foot, and twenty nine Horse. From the Shire of Linlithgow, three hundred thirty three Foot, [Page 37]and fourty two Horse. From the Burgh of Edinburgh, Lieth and Canongate, eight hundred Foot. From the Shire of Dum­fries, eight hundred Foot, and eighty eight Horse. From the Shire of Wigtoun, eight hundred Foot, and eighty eight Horse. From the Shires of Air and Renfrew, one thousand three hun­dred thirty three Foot, and one hundred seventy six Horse. From the Shire of Lanerick, one thousand Foot, and one hun­dred fourty eight Horse. From the Shires of Stirling and Clack­mannan, six hundred sixty six Foot, and eighty eight Horse. From the Shires of Fife and Kinross, one thousand six hundred Foot, and one hundred seventy six Horse. From the Shire of Perth, one thousand six hundred Foot, and one hundred seventy six Horse. From the Shire of Forfar, one thousand Foot, and one hundred and three Horse. From the Shire of Kincardin and Mar­shals part of Aberdeen, eight hundred Foot, and seventy four Horse. From the rest of Aberdeen and Shire of Bamff, one thousand sixty six Foot and one hundred seventy six Horse. From the Shires of Elgin, Nairn, and this side of Ness, one thousand Foot, and eighty eight Horse. From the Earl of Seafort and Lord Lovat, their division of Innerness, six hundred sixty six Foot, and eighty eight Horse. From the Shires of Sutherland and Caithness, and the rest of Inner­ness, one thousand sixty six Foot, and eighty eight Horse. From the Shires of Argyl, Dumbartoun and Bute, eight hundred Foot. From the Shire of Orknay, six hundred sixty six Foot. Which For­ces are to be in readiness, as they shall be called for by His Ma­jesty, to march to any part of His Dominions of Scotland, Eng­land or Irland, for suppressing of any forreign invasion, intestine trouble or insurrection, or for any other service, wherein His Ma­jesties Honour, Authority or Greatness may be concerned. And for the better prosecution hereof, the Estates of Parliament do humbly entreat, His Majesty may be graciously pleased to give Commissions to such persons to be general Officers, Colonels, Lieutenant colonels, Majors and Rute-masters, as His Majesty in His Royal judgment, shall think sit; and for the other Officers, or any other thing fitting to be done for perfecting of the Levies and carrying on of this business, they do humbly recommend to His Majesty, to give His direction therein to His Privy Council, who are hereby impowered with Commission and Authority, for the ordering, disposing and sole managing of this Affair, in such a way, as this dutifull offer of the Parliament of His Majesty may be made most effectual, and according to the instructions and com­mands they shall receive from His Majesty. And the Estates of Parliament do Declare, that if His Majesty shall have further use of their service, this Kingdom will be ready, every man betwixt sixty and sixteen, to joyn and hazard their lives and fortunes, as they shall be called for by His Majesty, for the safety and preser­vation of His sacred Person, Authority and Government.

XXVI. ACT asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners.

THe Estates of Parliament considering, that during the late troubles, divers invasions were made upon the Royal Prerogatives of the Crown; and that in a just abhor­rence thereof, and in a due sense of the happiness they enjoy under His Maje­sties Government, they are oblieged in all occasions to vindicate and assert the same, in the several branches thereof: And since the ordering and disposal of Trade with forraign Coun­tries, and the laying of restraints and impositions upon forraign imported Merchandizes, is, by the Law of Nations, acknow­ledged to be proper to, and inherent in, the persons of all free Princes, as an undoubted Prerogative of the Crown. They therefore, in a dutifull and humble recognizance of His Majesties Prerogative-royal, do Declare, That the ordering and disposal of Trade with forraign Nations, and the laying of restraints and im­positions upon forraign imported Commodities, doth belong to His Majesty and His Successours, as an undoubted Priviledge and Prerogative of the Crown; and that by vertue thereof, they may lay such impositions and restraints upon imported forraign Commodities, and so order and dispose upon the Trade of them, as they shall judge fit for the good of the Kingdom. Likeas, the King's Majesty, with advice and consent of His Estates in Par­liament, doth hereby Rescind and Annull all Acts, Statutes, Con­stitutions and Customs to the contrary; and Declares the same void and null in all time coming.

XXVII. COMMISSION for the plantation of Kirks and valuation of Teinds.

THe King's most Excellent Majesty, being desirous to prosecute the work of valuation of Teinds and plantation of Kirks, in reference to His own interest for the annuity, and the universal good of His people, especially for the incouragement of the Ministers of the Gospel; Doth, with advice and consent of His Estates of Parliament, Ratifie and Ap­prove the nineteenth Act of the Parliament, holden at Edinburgh by His Royal Father of blessed memory, in anno, one thousand six hundred and thirty three, (entituled, Commission for valuation of Teinds,) in the whole heads, clauses and conditions thereof, except in so far as there hath been any alterations made therein, by Acts and Commissions made and granted by His Majesty since the date of the said Act, or granted by any pretended Parliaments since, and which are Ratified, Salved or Reserved by this present Parliament; and which alterations are not destructive of, and con­trary to, this present Act, or any clause thereof. And sicklike, Ra­tifies and Approves the sixty one Act of the first Session of this pre­sent Parliament, entituled, Commission for plantation of Kirks, &c. in the whole Heads, Articles and Clauses thereof, except in so far as the same may be contrary to this present Act, as said is. And His Majesty, with advice and consent foresaid, gives full power and commission to James Archbishop of St. Andrews; William Earl of Glen­cairn, Chancellor; John Earl of Rothes, Thesaurer; Alexander Archbishop of Glasgow; William Earl Marshal, Privy-Seal; Duke of Hamiltoun; Marquess of Montrose; Earl of Landerdail, Secretary; Earl of Eglinton; Earl of Linlithgow; Earl of Kelly; Earl of Haddington; Earl of Annan­dail; Earl of Leiven; Earl of Tweddail; George Bishop of Edinburgh; Iames Bishop of Galloway; George Bishop of Dunkell; [...] Bishop of Aberdeen; Iohn Bishop of Ross; Robert Bishop of Dumblane; [...] Bishop of Orknay; William Lord Bellenden, Thesaurer-depute; Sir Iohn Gilmore, President of the Session; Sir Archibald Primrose, Clerk Register; His Majesties Advocat; Sir Iohn Home of Renton, Justice Clerk; Sir Iames Lockart of Lee; Sir Iohn Scougal of Whitkirk; Charles Mait­land of Halton; Sir Thomas Hamiltoun of Preston; Sir Iohn Wachop of Nidrie; Sir Robert Fletcher of Salton; Sir Henry Wardlaw of Pitrevy; William Scot of Ardross; Sir Andrew Ramsay, Provost of Edin­burgh; Sir Robert Murray there; Sir Archibald Sydserf; Sir Alex­ander Wedderburne; Sir William Thomson; John Miln; Robert Lentron, Provost of St. Andrews; Mr. John Paterson, Provost of Perth; Wil­liam Seatoun, Provost of Haddington; or any fifteen of them; where­of [Page 40]three of the Clergy, three of the Nobility, three Officers of State, three Commissioners of Shires, and three of Burghs; of which number, the Archbishop of St. Andrews, or the Chan­cellor, or the Thesaurer, or the Archbishop of Glasgow, or the Pri­vy. Seal, or the Secretary, or the Duke of Hamiltoun, or the Earl of Haddingtoun, or any of them, being alwayes one, to meet and con­veen at Edinburgh, the [...] day of [...] one thousand six hundred and sixty [...] years; and at such other place or places, times and diets as they shall appoint, to value, and cause be valued, whatsoever Tends, great or small, Personage or Vi­carage, of whatsoever Lands within this Kingdom, lyable to the paiment of Teinds, which are yet un-valued; Excepting al­wayes the Teithes of the Archbishops, Bishops and other bene­ficed persons, whereof they were in real and actual possession, by leading and collecting the same, in the year, one thousand six hun­dred and twenty eight; and with provision, that they be not prejudged of the Fruits and Rents of their several Benefices, as the same was possest by them, anno, one thousand six hundred and thirty seven, conform to the Submission made by the Bishops to His Majesty in the said year, and Decreet arbitral following thereupon: With power to the saids Commissioners, or quorum foresaid, to appoint Sub-commissioners, conform to the former Acts and Commissions for valuation of Teinds, and receive re­ports from them. And with power to them, where Ministers are not already sufficlently provided, or have not Localities assigned to them for their Stipends, out of the Teinds within the Paroch where they serve the Cure, to modifie, settle and appoint con­stant local Stipends to ilk Minister, out of the Teinds of the Pa­roch where they serve the Cure, in so far as the same will amount to, according to the quantities of victual or money mentioned in the saids Acts and Commissions, and to decide and proportion the saids Localities. And with power to dis joyn too large and spacious Paroches, to cause erect and build new Churches, to dis­member and annex Kirks, as they shall think just; and to take order, that every Heretor and Life-renter shall have the leading and buying of their own Teinds, if they be willing, according to the rates prescribed by former Commissions; Particularly, by the Commission granted by His Majesty, with consent of the Estates of Parliament, in anno, one thousand six hundred and thrity three; with power to them to determine all questions con­cerning the prices of Teinds, betwixt Titulars and others having right thereto, and the Heretors; and to appoint such securities, in favours of the Titulars and others having right to the Teind, for the prices to be granted by the Heretors, payers of the va­lued duties, or buyers of the saids Teinds; and in favours of the Ministers, as to their maintenance, as the saids Commissio­ners shall think fitting, according to the rule set down in the [Page 41]saids former Acts, namely in the said Act, anno, one thousand six hundred and thirty three. Declaring, That where the Vica­rage of any Paroch is a several Benefice and Title from the Per­sonage, the same shall be severally valued; to the effect, the Titulars or Ministers serving the Cure, having right to the said Vicarage, be not frustrat of the true worth thereof; And that Titulars, and others having right to Teinds, shall not be forced to dispone any Teinds, valued or to be valued, which shall be as­signed, disponed and allocat to the Minister serving the Cure of the Paroch. As also, with power to the saids Commissioners or quorum foresaid, to rectifie whatsoever Valuations, led or to be led, to the enorm prejudice of the Titulars, and to the hurt and detriment of the Kirk, and prejudice of the Ministers mainte­nance and provisions, or of His Majesties Annuity. Provided alwayes, likeas it is hereby expresly provided, that where Valua­tions are lawfully led, against all parties having interest, and al­lowed by former Commissions, the same shall not be drawn in question, nor rectified upon the pretence of enorm lesion, at the instance of the Minister (not being Titular) or at the in­stance of His Majesties Advocat, in respect of His Majesties An­nuity; except it be proven, that collusion was used betwixt the Titulars and Heretors, or betwixt the Proctor-fiscal and Here­tors and Titulars; which collusion is declared to be, where the Valuations are led with the diminution of the third of the just Rent, which diminution shall be proven by the parties oaths. And albeit all the Acts of the pretended Parliaments, in the years, one thousand six hundred and fourty, one thousand six hun­dred and fourty one and thereafter, are declared, by an Act of this Parliament, null and of no avail in all time coming: Yet, it is hereby Declared, That all and whatsoever Valuations, Acts, Sen­tences and Decreets, done and past by any Commissions granted by the saids pretended Parliaments, with all executions used or to be used thereupon, are and shall be as valide in all time com­ing, as if the saids Valuations, Acts, Sentences and Decreets, had been given and pronounced by persons legally impowered to that effect, any thing in the foresaid rescissory Act to the contrary notwithstanding; Excepting such Decreets of valuation, modi­fication of Stipends, or augmentations thereof, past and granted since the year, one thousand six hundred and thirty seven, where­by the saids Archbishops or Bishops are prejudged of any part of their Rents, whereof they were in possession in the said year thirty seven. And although, by a special Act of this present Parliament, the pretended Parliament, holden in anno, one thou­sand six hundred and fourty nine, and in the beginning of the year, one thousand six hundred and fifty, is, from the beginning, Declared void and null, and all that hath followed thereupon Yet nevertheless, His Majesty doth, with advice foresaid, autho [Page 42]rize all Valuations, Acts, Decreets and Sentences, led, deduced and pronounced by the Commissions, one or moe, appointed by the said pretended Parliament, for plantation of Kirks and va­luation of Teinds, and all execution competent thereupon; Ex­cepting such Decreets and Sentences, given in favours of Mini­sters for their Stipends, or for dividing, uniting, annexing or building of Kirks, which shall be found to have been unjustly or exorbitantly decerned: The determination whereof is hereby re­ferred by His Majesty, with consent foresaid, to the saids Com­missioners, that they, after hearing of parties and consideration of particulars, may take such course, for altering, annulling or allowing of the saids Acts, Decreets and Sentences, as they shall think fitting, conform to the Laws, Practick and Custom observed pre­ceeding the year, one thousand six hundred and fourty nine; And Ordains Processes, upon supplications, to be summarily granted, parties alwayes being cited, and that without any reduction. And it shall be lawfull to the saids Commissioners, or quorum foresaid, to proceed in all Summons and Actions to be intended for that effect, within the space of two years after the first down-sitting of the Commission. And whereas it may fall out, that some of the saids Commissioners may be un-able to attend the service, through death, sickness, or other known impediment; Therefore, His Majesty Declares, that He shall be carefull to fill their places with other persons qualified, whose oaths for faithfull discharge of the same shall be taken by the Lord Chancellor, or in his ab­sence, by the President of the said Commission for the time; And Ordains this present Commission to endure ay and while the same, be discharged by His Majesty; and the Acts, De­creets and Sentences thereof, to have the force, strength and effect of a Decreet and Sentence of Parliament, and the Lords of Session to grant and direct Letters of Horning, Poinding and others requisit, in maner contained in the foresaids Commissions. And considering, that it was the will and pleasure of His Maje­sties Royal Father, that all Heretors, who should be willing to buy, should have their own Teinds at reasonable rates; there­fore, His Majesty, with advice foresaid, Statutes and Ordains, That all Heretors, whose Teinds are not valued, (excepting as is for­merly excepted in this Commission) shall have liberty to value and buy the same, at such rates as is contained in the Acts of Par­liament, one thousand six hundred and thirty three. With power to the saids Commissioners, to augment the saids rates according to the burden of augmentation, and others sustained by the Ti­tulars since the saids Acts; and the saids Heretors to have the liberty of buying, as said is, within the space of three years after the valuation. With this Declaration alwayes, That in case the impediment, during the time foresaid, flow from the Titular, by reason of his minority or other inability, in that case, the He [Page 43]retor who offers himself ready to buy his own Teind, within the space foresaid, shall have place, so soon as the impediment is re­moved, to buy his Teinds, notwithstanding of the expiring of the years and space above-exprest. And it is Declared, that if the Heretor be Minor, and his Tutors neglect the buying of his Teinds within the foresaid space, the Minor shall have action for two years after his minority, to compell the Titular for selling of his saids Teinds; And His Majesty, with consent foresaid, here­by discharges all former Commissions, Declaring the same to be expired.

XXVIII. ACT annent penal Statutes.

THe King's most Excellent Majesty, having, out of His grace and goodness to His Subjects, granted an full and free Act of Indempnity, Pardon and Oblivion, for all crimes and offences com­mitted by them, relating to the late troubles, and more fully exprest in the tenth Act of the second Session of this Parliament. And considering, that besides these, there be divers arbitrary and pe­cunial pains adjected to penal Statutes, which being strictly ex­acted, would prove an heavy burden to the Subjects who may be lyable thereto. And His Majesty being desirous, now at the close of this His first Parliament, that all His good Subjects may find the effects of His mercy, as to exceed all former presidents, so to be beyond their own expectation; Hath therefore thought fit, with the advice and consent of His Estates of Parliament, by these presents, to Discharge, Pardon and Remit all contraveeners of any penal Statutes, for all deeds heretofore done by them, contrary to the tenor thereof; Excepting the Statutes concer­ning the unlawfull taking of Usury, transporting of Silver and Gold, slaying of red and black Fish, and all Acts and Statutes past in this present Parliament, which are no wayes discharged by this present Act.

XXIX. ACT Salvo jure cujuslibet.

OUr Soveraign Lord and Estates of Par­liament, considering, that in this last Session of this present Parliament, many particular Acts and Ratifications have been past, wherein divers Clauses may be inserted, prejudicial to the rights and interests of several per­sons, albeit it hath alwayes been His Majesties purpose and meaning, and the purpose and meaning of the Estates of Parliament, in this, as in all preceeding Parliaments, That all par­ticular Acts and Ratifications, general or special, howsoever con­ceived (where persons concerned have not been heard for their Interest before the passing thereof) should not prejudge private Rights of parties. Therefore, His Majesty, with advice and con­sent of the Estates of Parliament, Statutes and Ordains, That all particular Acts and Ratifications whatsoever, past in this last Session of this present Parliament, shall be interpreted Salvo jure cujuslibet; Excepting alwayes, an Act and Ratification past in this Session of Parliament, in favours of the Duke and Dutchess of Buccleuch, of their Contract of Marriage, which is Declared by His Majesty and Estates of Parliament, no wayes to be comprehended herein.