ACT. I.

[Woodcut illustration of a crown.]

OUR SOVRAINE LORD, With advyse and consent of the ES­TATES of Parliament presently con­veined, ratifies and approves the Acts of the Generall Assembly of the Kirk, halden at Perth, the XXV. day of Au­gust the yeare of GOD J^ai V^ic and eigh­teen, and concluded the twenty sevēth of the same Moneth, Sessione secunda, Whereof the tenor followeth.

ACT. II.

IN the PARLIAMENT bolden at Edin­burgh, the fourth day of August, the yeare of God 1621. the ESTATES of parliament pre­sently conveined, considering the infinite expences and great burden which the Kings most sacred Maiestie their dread Lord and Soveraigne, hath been constrained by the straitest bonds of religion to vndergoe of late, and in all likelyhood shall lye under a long time; By procuring by Treatise or Armes, ease and libertie to those who suffer for the Gospell of Christ Jesus professed in this land: and therewithall calling to mynde the long peace floorishing with Religion and Justice, which they haue enioyed these many yeares past; and doe yet still enioy in this vniuersall combustion of the Christian world, and that by the wise; iust and happy governement of his sacred Maiestie: and that they haue nothing to bee retourned to so great a King for so exceeding greate and rare benefites, but heartie and zealous affections ceeding to no Nati­on and ever ready with their goods, landes, and liues, to maintaine true Religion, his Maiesties royall person and posteritie, their Honours and Crownes. Therefore in most humble manner, The sayd whole Estates of this Realme doe earnestly beseeke his most sacred Maiestie graciously to accept their offer of ane Taxation to bee imposed, collected, and payed to his Highnesse, by the sayd Estates in manner and at the foure [Page 3] Tearmes following: That is to say, The Earles, Lords, and Commissio­ners of Shyres, for the Temporall Estate, haue granted, That there shall be vp-lifted of every pound Land of auld extent, within this Realme, pertai­ning to Earles, Lords, Barons, Free-holders, and Fewars of his Maiesties proper Lands, the summe of Thirtie shillings money at every ane of the foure Tearmes following, (viz.) The summe of XXX. shillings at the Feast and Tearme of Candlemes next to come, in the yeare of GOD 1622. The summe of other XXX. shillings at the Feast and Tearme of Martinmes, in the yeare of GOD 1622. The summe of the XXX. shillings at the Feast and Tearme of Martinmes in the yeare of GOD 1623. And the summe of other XXX shillings at the Feast and Tearme of Martin­mes in the yeare of GOD 1624. The Arch-bishops, and Bishops for the Spirituall Estate, haue granted that there shall bee vp-lifted of all Arch­bishopricks, Bishopricks, Abbacies, Priories, and other inferior Benefices within this Realme, at every ane of the Foure Tearmes aboue specified, the just Taxation thereof, as they haue been accustomed to be taxed vnto at all time by-gone, whensoever the Temporall lands of this Realme were stented to thirtie Shillings of auld extent: and the same Taxation to be payed at every ane of the foure severall Tearmes aboue specified. And the Commissioners of Barrowes for their ESTATE, haue granted, that there shall bee vp-lifted of all Burrowes within this Realme, at everie ane of the Foure Tearmes aboue written, the iust Taxation thereof, as they haue been accustomed to be taxed in all time by-gone, whensoever the Temporall landes within this Realme were stented to thirtie shillings the pound land of auld extent. And the said Taxation to bee payed at every ane of the Foure severall Tearmes aboue-written. And in regard that his Maiestie hath erected sundry Prelacies in temporall Lordships, whereby the owners thereof may claime to be taxed with the Barons of the Temporall Estate, and there-throw his Highnesse would be defrauded of a great part of the same Taxation.

THEREFORE IT IS Statute and Ordained, that all Erections of Prelacies and other small Benefices, in whole or in part, in Temporall Lordships, shall in payment of the sayd taxation, pay to the Collectors thereof so mekle of the same Taxation [pro rata] as if they were no wyse erected, and as they were subiect to do before the erection of the same. And sicklike, IT IS Statute and Ordained, That all dissolved Benefices within this Realme, in whole or in part, shall bee subiect in payment of so mekle of the same Taxation [prorata] as they would haue been subiect to pay so the same had not been dissolved, and that the parties who haue got­ten any part or portion of any Prelacies, or other inferior Benefices dis­solved, and new securities made vnto them by his Maiestie, of that part and portion thereof so dissolved, shall be subiect to the payment of the Taxation thereof to the Prelate, or other beneficed person, for his reliefe of the same Taxation, as they would haue been, so the same had not been dissolved: Notwithstanding of any condition contained in the infeftments and securities made by his Maiestie to them in the contrarie hereof.

AND FOR DER, the said Estates Annulles and discharges all Pri­viledges and Immunities whatsoever, whereby any persons may thinke themselues free of payment of this present Taxation (the Priviledges gran­ted to the Ordinar Senators of the Colledge of Iustice, and the Taxation [Page] of the Benefices given, disponed, and mortified for the intertainment of the universities and Colledges within this Kingdome onely excepted.) AS ALSO the said Estates considering that besides the ordinarie charges which his Maiestie doth daily vndergoe for the maintainance of the Honor, Estate and Dignitie of his Highnes Kingdomes. The extraordinarie bur­dings which now lye vpon his Maiestie by the occasions before-written, are so great, and doe so neare concerne every Loyall and true hearted Sub­ject of this Kingdome, as members of that body whereof his Maiestie is the head: that in duetie they thinke themselves bound to beare a part of that burden, & to relieve his Maiestie thereof. Therefore besides the Or­dinar Taxation aboue-written, THE sayd Estates haue for the space of Foure yeares next and immediately following the Tearme of Martin­messe next to come, Voluntarly and freely granted to his Maiestie a year­lie extra-ordinar Taxation of the Twentie pennie of all Annuell-rentes, which any person or persons within this kingdome haue freely due and payable to them yearly or tearmly [their owne Annuell-rent wherein they are indebted to others, being first deduced] The first Tearmes payment whereof shall bee and begin at the said Feast and Tearme of Martinmesse next to come, and so forth yearly and tearmly at Whitsonday and Martin­messe, while the said Foure yeares, and the Eight Tearmes payment there­of be fully and compleatly out-run. AND for the better tryall of everie man his Annuel-rent which he hath yearly or tearmly due to him: IT IS ordeined, That this Act shal be published at the Marker-crosse of the Burgh of Edinburgh, and of the whole head Burrowes of the Shyreffdomes, Ste­wardries, Bailyeries, and Regalities, within this Kingdome, whereby all his Maiesties Lieges may haue true notice thereof, And therewithall the said Estates WILLES, Ordeines and Commands, all his Maiesties Lie­ges that haue any Annuell-rent payed to them, That they compeir with­in the said head Burgh of the Shirefdome, Stewardrie, Bailyrie, or Regali­tie, or the head Burgh in any of these Jurisdictions where the head Courts are halden, and where the said Annuell-renters dwell, or haue their ordinat residence, in any court day in ane of the last weekes immediately precei­ding Whitsonday or Martinmesse. At which time the Shyreffes, Stewards, Bailyes, and Bailyes of Regalities, and Provest and Bailyes of Burrowes; who are heretable Shyreffes within themselues, within the bounds of their Jurisdictions: shall bee oblished to hold courts weekly to the effect after­specified. And the Lieges resorting to the said Courts, shall giue vp Inven­tors to the Clerk thereof, of the whole summes of money for which Annuel is due to them yearly and tearmly, the names of the Debters: As also the whole summes of money for the which they are subiect in payment of annuell-rent to others, with the Names of their Creditors to whom the same is due, whether the same annuell rent bee in Victuall or Silver, The annuell-rent of victuall to be estimate according to the Stock of money for the which it is paid at Ten for ilk hundreth thereof, And shall cause the parties vp givers of the said Inventors, everie partie subscriue his owne Inventor himselfe if hee can write, and if hee cannot write, the Clerke of the said Court shall subscriue the said Inventor in face of Court, before the members thereof. And also the Shirefe, Steward, Bailye, Bailye of Re­galitie, Provest and Bailyes of Burrowes, who are heretable Shirefs with­in themselues, within the boundes of their Jurisdictions: And Clerkes [Page 4] themselues shall make and giue vp an Inventor of the debts owing vn­to themselues, and by themselues, as said is. IT IS alwayes provi­ded, that if any person, impeaded by reason of sicknesse, or distracted by some other just occasion, shall not bee present himselfe, to giue vp the said Inventor, It shall bee lawfull for him to cause any honest re­sponsible man, within the jurisdiction where hee dwelleth, compeir, and giue vp his Inventor: Providing the same bee subscribed by himselfe, or a Notar at his command, which the In-giver shall declare to bee a true Deede, and abide at the same, on the like hazard and danger as the principall partie should vnder-lye: which shall bee as sufficient as if the Inventor had been personally given vp by the principal partie himself. And an Inventor being once made, and given vp, shall still stand, and bee a ground to charge any person, during the time of the foure yeares of the said Taxation, vnlesse the partie change, or otherwayes employ his summes: And then hee shall giue vp a new Inventor, which shall bee a new ground of a charge, and the former shall cease. And the saide Clerke shall make a Record in his Register of the saydes whole Inven­tors: which Inventors being so recorded, shall be extracted by the sayd Clerke, and subscribed with his hand, and three Extractes made of the same: one to bee given to the partie, if hee require the same: another to bee sent, by the sayd Clerke, to the Collector of the same Taxation: and the third, to bee likewise sent, by the sayd Clerke, to the CLERKE of his MAJESTIES REGISTER, to bee still keeped amongst the recordes of His Highnes Exchecquer: to the effect it may bee knowne how farre every partie is lyable in the payment of the sayd ex­traordinerie Taxation, For the which Extract, and Note made in regi­ster, the said Clerke shall haue of every person, vp-giver of an Inven­the, the summe of foure shillinges Scots money. And if by slouth, or malice, the Clerke shall happen to delay, or shift the Lieges resorting to the sayd Courtes to the effect aforesayd, (Complaint being made there­of to the Lordes of His Maiesties Secret Counsell) the sayd Clerkes shall be punished accordingly, at the discretion of the said Lords. And at any Court day, preceeding any Tearme, it shall be lawfull for any person to compeare, and offer to giue vp his Inventor, which the Clerk and Iudge shall be astricted to receiue.

FURTHER, For the better observation of the said Statute, It is declared, That whosoever receiveth, retaineth, or conditioneth to re­ceiue any Annuell-rent, and concealeth the same, or any part thereof: or in giving vp of his Inventor of Debtes, and Annuels owing by him vnto his just Creditors, giveth vp more then hee is iustly addebted in­to, Whosoever first discovereth, and revealeth either the Annuell con­cealed, or Annuell which is more then the vp-givers iust debt, shall for his reward haue the halfe of that Tearmes concealed Annuell, and as much as the halfe of that Annuell which shall bee discovered to haue beene vnjustly given vp. And in case it shall happen any person what­soever, by vertue of his vp-given Inventor, to be charged for payment of his Taxation, and at the time of his charge to declare in presence of a Iudge, by his great Oath solemnedly sworne, that his Debtor is a Banke-rupt, whereby hee is disabled to make payment of his Taxation, and is contented that the Kings Maiestie shall haue the whole Annuell­rent [Page] addebted vnto him by his banke-rupt debter of that Tearme: His said declaration shall be a sufficient Liberation to him of the same. And for eschewing of malicious Dilatours of those who haue omitted or con­cealed their summes, IT IS ordained, That whensoever any per­son shall accuse or dilate another of concealing or omitting of Summes the time of making his Inventor, Hee shall condescend vpon some pro­bable cause of his dilation, and shall finde caution [de judicato solvi] in case he faile in proving that which he dilateth: And there shall not such actions of dilations bee lawfull against dead persons, their Heires, nor Exequutors: Neither shall it bee lawfull, after yeare and day, after the expiring of the sayd Taxation, to intend any such action. And in case any person purchase wed-sette of Lands, and set the same backe againe in tacke unto him who wed-set the same unto him, The Tacks-man, pos­sessour of the Landes, shall pay for the stent of the Landes, and the ha­ver of the wed-set shall pay for the Annuell-rent of his money which hee hath on the Land, as if the same were imployed for Annuell-rent. AT TOUR, IT shall not bee lawfull, by no manner of way, for any Creditour to get reliefe of his Debtor, of this Taxation which is impo­sed vpon Annuell-rents by this Statute, vnder the paines contained in the Actes of Parliament made against Usurers. And concerning Mi­nors, IT IS declared, That their Minorities shall no wayes priviledge them: But their Tutors and Curators shall giue vp the Inventors of their Annuell-rents in their names: which if the sayd Tutors and Curators faile to doe, the said Minores shall incurre the like danger as others, and at their perfect age shall haue action of Reliefe against their said Tutors and Curators for that cause. And in case any person depart our of this Kingdome, after the publication of this present Act, the same shall no wayes excuse him from giving vp of an Inventor of his Annuell­rentes, and payment of the said Taxation, and vnder-lying of the dan­ger contained in this present Act. But those who are presently foorth of this Realme, and shall not returne before the Tearme of Martinmesse next, they shall not come vnder the danger of this Act, vntill the Tearme of Whitsonday next: Providing that at that tearme they giue up their Inventor, and pay their Taxation, as if they had been present within this Realme before the foresaid Tearme of Martinmesse next. And for the vp-lifting of the foresayd Taxation, granted vpon Annuell­rentes, And to the effect his Maiesties generall Collector thereof may know now whom to craue and charge for the same, IT IS Statu­ted and Ordained, That within every Shyreffdome, Stewardrie. Bayllyrie, and Regalitie, where the Offices of Shyreffes, Stewardes, and Bayllies are heretable: and the Provests and Bayllies of Burrowes, who are hereta­ble Sheryffes within themselues: These heretable Officiers, and their De­puties, for whom they shall bee holden to answere, Shall collect the sayd Taxation, and make payment thereof to his Maiesties Collector Generall of the foresayd Taxations. And where these Offices are not heretable, but changeable, The Clerkes within the said Iurisdictions ha­ving their offices, [advitam] shall bee Collectors thereof. And in case the sayd Clerkes haue not already found sufficient Caution for dischar­ging of their duties in their Offices, they shall bee holden before they haue any intromission with the same Taxation, to finde sufficient Cau­tion [Page 5] for that effect. And where there are no heretable Officers, nor Clerkes, having their Offices [advitam] the sayd Collector Generall of His Maiesties Taxations (and his Deputies in his name, sufficiently au­thorized by him: and for whom hee shall bee holden to answere, and whose Natues hee shall cause publish at the Market Crosse of the head Burgh of that Iurisdiction where there is no heretable Officer nor Clerke [advitam] that his Maiesties Lieges may know unto whom they shall make payment) shall collect and up lift the same Taxation. Which pay­ment beeing made, the receiver thereof shall bee oblished to deliver unto the payer thereof an Acquittance upon the receipt of the same [gra­tis] without payment of any money for the same. IT IS likewise pro­vided, That the Fees of the Collectors, and receivers of the same Taxa­tion of annuell-rentes, shall bee, like as hereby they are remitted to the discretion and arbitriment of the Lordes of his Majesties Privie Counsell, to bee set downe, and agreed upon by them. And the sayde ESTATES hereby discerne and declare, That all Burgesses and Free-men within Burghes, albeit they bee taxed in the ordinarie Taxation aboue­written, with their Neighbours, conforme to the order prescribed for collecting of the Burrowes parte of the sayd ordinarie Taxation; Yet the same shall no wayes liberate, nor free them from payment of their parts of this extraordinarie Taxation also, according to the proportion of the twentie pennie of their annuell-rentes: but they shall be lyable in payment thereof, as others his Majesties Lieges are. AT TOUR, The sayde ESTATES annull and discharge all priviledges and immuni­ties whatsoever, whereby any persons may thinke themselues free of pay­ment of any parte of this present Extraordinarie Taxation: The Privi­ledges and Immunities granted to the Ordinarie Lords of Session, with the annuell-rentes due to be payed to Colledges, Schooles, and Hospi­talles, or mortified for sustentation and up-holding of Kirkes and Brid­ges, with the annuell-rentes which may bee claymed of poore people, whose stocke exceedeth not the summe of fiue hundreth markes onely excepted. AND the sayd ESTATES discerne and ordaine the extraor­dinary Lordes of the Session, togother with the whole Advocates, Clerks of the Session, Writers to the Signet, Privie and Great Seales, and other members of the Colledge of Justice, to contribute to the sayde Taxa­tions, such like as if they were not exemed: And that of their owne consentes, and conforme to their voluntary offer made by them to his Maiestie, and the sayd Estates, upon this speciall provision, That their sayd voluntarie offer shall not preiudge nor impaire their liberties, pri­viledges, and immunities in any time comming. Which offer the sayd Estates accepted, and accept: And will, and declare, That their sayde Of­fer shall no wayes derogate to their priviledges and immunities: But thet their sayd priviledges and immunities shall bee kept, and observed unto them and their successors in all times comming, unprejudged by the sayd Offer.

ACT. III.

FOR AS MUCH as the ESTATES of this present Parliament, upon good and weightie considerations, which mooved them, haue freely and voluntarilie offered and graunted to the Kinges most Excel­lent Majestie, OUR SOVERAINE LORD, for supplying of a part of the great Charges and Expenses which His Majestie hath been constrayned, even by the strayrest bandes of Religion to under­goe of late, and by all likelyhood shall lye under a long time, by procuring by trea­tie, or Armes, ease and libertie to those who suffer for the Gospell of JESUS CHRIST, professed in this Land, A Taxation to bee payed, collected, and up-lifted, in manner, and at the foure Tearmes following: That is to saye, For the Barrons and Free-holders partes of the same Taxation, Thirtie shillings Scots money, to be up-lifted of every pound land of old Extent within this Realme: pertayning to Earles, Lordes, Barrons, Free-holders, and Fewares, of our Soveraigne Lordes proper landes, holden by them immediately of His Maiestie, and payed by them at everie one of the foure severall Tearmes following: THAT IS TO SAY, The summe of Thirrie shil­linges money, at the Feast and Tearme of Candlemesse next to come, in the yeare of GOD, one thousande, sixe hundreth, twentie and two yeares. The summe of other thirtie shillings money at the Feast and Tearne of Martinmesse, in the yeare of GOD 1622. yeares. The summe of other thirtie shillinges money, at the Feast and Tearme of Martinmesse, in the yeare of our GOD 1623 yeares. And the summe of other thirtie shillinges, money aforesayde, at the Feast and Tearme of Martinmesse, in the yeare of GOD 1624. yeares. And for the Spirituall men, and the Burrowes partes of the same Taxation, That there shall be up-lifeed of everie Archbishopricke, Bishopricke, Abbacie, Priorie, and other inferiour benefice: and of every free Burgh within this Realme, at every one of the sayde foure Tearmes of payment, the just Taxation thereof, and as they haue been accusto­med to bee taxed unto in all times by-gone, whensoever the Temporall landes within this Realme were stented to thirtie shillinges money the pound land of old extent: And the fame Taxation to bee payed at every one of the foure severall Tearmes aboue-written. AND for In-bringing of the Spirituall mens parts of the same Taxation, Ordaines letters to bee directed, charging all and sundry Archbishops, Bishops, Abbots, Priors, as likewise all Noblemen, and others, in whose favour the Erection of any Prelacie, or other inferiour Benefice, or any part or portion thereof, bee it in landes, Kirkes, or Teynds, or in whose fa­vour the patronage of any Benefice, Kirkes, or Teyndes, is past, and all [Page 6] other beneficed persons contayned in the Text Rolles, their Chalmerlains, factors and intromettours with their Rents and living to make payment of that summe that they and every one of them are taxt unto for everyone of the sayde foure Tearmes payment to the Collector Generall to bee appoynted by His Majestie, for receiving of the sayd whole Taxation, or to his Deputies, and Officiares in his name, having his power to receiue the same at the particular Tearmes aboue-written, under the payne of rebellion, and putting of them to the Horne. And if they fayle therein at the by-passing of every one of the sayde Tearmes, to denounce the Disobeyers Rebelles, and put them to the Horne: and to escheate, &c. And that the Prelates, and beneficed persons, and such Noble-men, and others, in whose favours the Erections and Patronages aboue-written, are past for their reliefe, haue Letters, charging their Vas­salles, Sub vassalles, Ladies of Terce, Conjunct-feears, Life renters, Fe­wardes, Tackes-men, and Pensioners, to make payment of their partes of the sayde Taxation, each one of them [pro rata] according to the summe that they shall be taxed unto: To the sayde Prelates, and other beneficed persons, and to the sayd Noble-men, and others, having po­wer to receiue the same, within twentie dayes next after the charge, un­der the payne of rebellion, &c. And if they fayle, to denounce, and Es­cheate, &c. And to poynd and distraine therefore, as they shall thinke most expedient: Providing alwayes, That the first Tearmes payment of the sayde Taxation bee ever past, before the next Tearmes payment be charged for. Alwayes declaring, that the production of sufficient Hor­ninges against the sayd Vassales, Fewars, Tackes-men, and Pensioners, shall bee a reliefe to the sayd Prelates, Lordes of Erections, and bene­ficed persons: And shall exoner them, [pro tanto] from payment of the sayd taxation: providing that the same Horninges, with their Taxed Rolles, autentickly made, and subscribed by the sayd Prelates Lordes of Erections, and beneficed persons, and by their Fewars, Vassalles, Tackes­men, and Pensioners, in manner hereafter prescribed, containing the particular summe which each one of them are taxed unto, bee delivered to the Collector of the same taxation, within the space of threescore dayes after every Tearme: Otherwayes he shall be no wayes oblished to receiue the same. Neyther shall the Prelate, Lord of Erection, and beneficed person, be exonered, by production of the same, at any time thereafter. AND FURTHER, That the sayde Prelates, and such Noble-men, and others, in whose favours the Erections and patronages aboue-written, are past, and all other beneficed persons, may haue their reliefe of their sayd Vassals, Sub-vassals, Ladies of Terce, Conjunct-feears, Life-renters, Fewars, Tackes-men, and Pensioners, to the greater ease, and lesse trouble of their sayd vassals, and others forelayd.

AND, to the effect that every one proportionally may paye his part of the sayde taxation, according to the quantitie and avayle of the free rent which he hath of his Beneficie, Landes, Pension, Kirkes, and Teynd sheaues pertayning to him, as well the Prelate, Lord of Ere­ction, Patron, and other beneficed persons, themselues, as the Fewar, Tackes-man, and pensioner. IT IS thought expedient, statute, and ordayned, That the sayd Prelates, and others aboue rehearsed, everie one of them severally shall conveane his whole Fewars, Vassalles, Tackes­men, [Page] and Pensioners, at the particular places hereafter designed: THEY ARE TO SAY, The Archbishop of SAINCT-ANDREWES, at the Citie of Sainct-Andrewes: The Archbishop of Glasgow, at the Citie of Glasgow: The Bishop of Orknay, at the Towne of Kirkewall: The Bishop of Caitnes, at the Towne of Durnoch: The Bishop of Ross, at the Towne of Chaunrie of Ross: The Bishop of Murray, at the Towne of Elgin: The Bishop of Aberdene, at the Burgh of Aberdene: The Bishop of Brechin, at the Burgh of Brechin: The Bishop of Dunkeld, at the Towne of Dunkeld: The Bishop of Dumblane, at the Towne of Dumblane: The Bishop of Galloway, at the Towne of Wigton: The Bishop of Argyle, at the Burgh of Inneraray: The Bishop of the Yles, at the Burgh of Rothsay in Bute: The Abbot of Icolmekill, at the Burgh of Innernesse: The Prior of Ardchattane, at the Burgh of Inne­raray: The Abbot of Ferne, at the Burgh of Thayne: The Lord of Bew­lie, at the Burgh of Innernesse: The Lord of Kinlosse, at the Burgh of Forres: The Prior of Pluscarden, at the Burgh of Elgin: The Lord of Deir, at the Towne of Peterhead: The Prior of Fyvie, at the Towne of Turreff: The Prior of Monymuske, at the Towne of Monymuske: the Lord of Arbroith, at the Burgh of Arbroith: the Lord of Scone, at the Burgh of Pearth: The Lord of Cowper, at the Towne of Cowper, in Angus: The Prior of Restenneth, at the Burgh of Forfar: the Collector of the Taxation, in place of the Prior of Charter house, the Seate now vacand, at the burgh of Pearth: the Prior of Elcho, at the same burgh of Pearth: the Prior of Straphillane, at the burgh of Inneraray: the Lord of Inchaffray, at the burgh of Pearth: the Prior of Inchmahomo, at the burgh of Sterling: the Prior of Sainct-Androis, at the Citie of Sainct-Androis: the Baylie of the Regalitie of Dumfermling, at the burgh of Dumfermling: the Lord of Balmerinoch, at the burgh of Cow­per in Fyfe: The Lord of Lindores, at the burgh of Cowper in Fyfe: The masters of Sainct Leonards Colledge, in Sainct Androis, for the Prior of Portmooke, at the burgh of Cowper in Fyfe: The Prior of Pet­tin-weyme at the burgh of Pettin-weyme: the Lord of Saint-Colmbe, at the burgh of Innerkething: the Lord of Culros, at the burgh of Cul­ros: the Abbot of Cambuskynneth, at the burgh of Sterling: the Lord of Torphichin, at the burgh of Linlithgow: the Prior of Manuell, at the burgh of Linlithgow: the Lord of Holy-Rud house, at the burgh of Edinburgh, the Lord of Newbottle, at the burgh of Edinburgh: The Prioresse of Hadington, at the burgh of Hadington: The Lord of the Temporall landes of the Priorie of North-berwicke, at the burgh of North berwicke: The Patron, and Parson, of the Kirke of Kynnewchar, dissolved from the Priorie of North berwicke, at the Towne of Ely: The Patron, and Parson, of the Kirke of Largo dissolved from North berwicke, at the Towne of Largo: The Patron and Parson, of the Kirke of May­boill, dissolved from North-berwick, at the burgh of Mayboill: The Pa­tron, and Parson, of the Kirke of Logy, dissolved from North-berwicke, at the burgh of Sterling: The Lord of Kelso, at the Towne of Kelso: The Lord of Coldinghame, at the Towne of Eymouth: The Lord of Dry­burgh, at the Towne of Dryburgh: The Prior of Ecclis, at the Towne of Dunss: The Prior of Cauld-streame, at the Towne of Dunss: The Lord of Jedburgh, at the burgh of Jedburgh: The Lord of Melros, at the [Page 7] Towne of Melros: The Lord of Paisley, at the Towne of Paisley: The Lord of Blantyre, at the Burgh of Glasgow: The Lord, and Baylie of the Temporall landes of Kilwynning, at the Burgh of Irwing: The Patrons, and Parsons, of the Kirks of Kilwynning, dissolved fron the Abbacie of Kil­wynning, at the sayde Burgh of Irwing: The Abbot of Corsraguell, at the Towne of Mayboill: The Prior of Whitehorne, at the Burgh of Whitehorne: The Abbot of Saulset, at the Burgh of Whitehorne: The Prior of Sainct-Marie Yle, at the burgh of Kirkeudbright: The Lord of Duudrenane, at the Burgh of Kirkchudbright: The Lord of Glenluce, at the Burgh of Wigton: The Abbot of Toungland, at the Burgh of Wig­ton: The Abbot of New-Abbey, at the Burgh of Dumfreis: The Ab­bot of Holywood, at the Burgh of Dumfreis: The Prior of Cannabie, at the Burgh of Annand: The Barron, and Baylie of the Barronie of Brouchton, dissolved from the Lordship of Holy-Rude house at the Burgh of Edinburgh: The Heritoures of the one hundreth pound Land of the Barronie of Monkland, dissolved from the Lordship of Newbottle, at the Citie of Glasgow: The Ministers of Felfoord, at Aire: Scotlandwell, at Sainct-Androis: Peibles, at Piebles: The Patron, and Parson, of the Kirke of Dundie, dissolved from the Abbacie of Lindores, at the Burgh of Dundie: And all other small beneficed Parsons, at the Paroch Kirkes of their particular Benefices. And that they conveane, to the effect aboue­written, upon the penult day of October next to come, in the yeare of GOD one thousand, sixe hundreth, twentie one yeares: which is decla­red to be the precise day appoynted for all their Vassalles, Fewars, Tacks­men, and Pensioners, to keepe the sayd Meeting. And that no farther Citation, nor Summonding, shall be requisire, than the Proclamation and publication of this present Act, at the Market Crosses of the Head Bur­rowes of this Realme.

AND HEREWITH it is resolved, by the sayde ESTATES, That if any Vassall, Sub-vassall, Fewar, Tackes-man of Teyndes, Pensio­ner, or any other, justly bound to make reliefe to the Prelate, Lorde of Erection, Patron, or other beneficed Parson, of any parte of the sayde Taxation: Shall send any procuratoures in his name, sufficiently autho­rized, to the sayde Meeting: The same shall not onely excuse the absence of the principall partie: but the procuratour in all thinges shall bee ad­mitted, and received, to doe, and performe, in the Distribution of the sayde Taxation, what could, or lawfully might haue been done by him who sent him. IT IS in like manner declared, That the Prelate, Lord of Erection, patron, or other beneficed person, impeded by disease, or distracted upon some other necessarie occasion, from attending that Meeting, having his absence supplyed that day, by any sufficient worthy person, whom hee shall appoynt, and authorize, to that effect, Shall bee as lawfull, as if hee were personally present himselfe. And the partie so authorized, shall bee admitted, and received, in all thinges to doe, and performe in the distribution of the same Taxation, what could, or law­fully might haue beene done, by him who sent him. IT IS Far­ther statuted, and ordayned, That at the sayde day of Meeting, the sayde Prelates, Lordes of Erections, Patrones, and other beneficed per­sons, shall by themselues, or their procuratours lawfully authorized, as sayde is, fense and holde a Court, call by Name, and Sur-name, upon [Page] every one of their Vassals, Sub-vassals, Fewars, Tackes-men of Teynds, pensioners, and others, oblished to relieue them of any part of the same Taxation: And lawfull time of day beeing bidden, shall shew to their sayd Vassalles, Fewars, Tackes-men, and pensioners, or their pro­curatours compeiring for them, the quantitie of the Taxation imposed upon their Prelacie, erected Lordship, or other benefice, autentickly sub­scribed by the Clerke of the same Taxation. And they all, at the least so many of them as shall conveine for this effect, with one consent, shall distribute the same to be payd by every man, as well as by the Prelate, Lord of Erection, and present possessour of small benefices, for the free rent that everie one of them hath of their prelacies, erected Lordships, and small benefices, as by the Vassall, Fewar, Tackes-man, and pensioner, according to the great or small quantitie of the free rent which everie one of them hath, eyther of their Landes, Teynds, or pensions. Which Certification to any of the sayd persons, Fewars, Vassalles, Tackes-man, or pensioner, that compeireth not by themselues, or their procuratours, at the day and places aboue specified, to the effect aforesayd: That such as shall conveine with the sayd Prelates, Lords of Erections, patrones, and other beneficed persons, or their procuratours, shall proceed in the equall distribution of the same Taxation, as well amongst them that are absent, as as present: And shall make, and subscribe, an autenticke Taxt­rolle thereupon. And, in case, that none of the sayd Vassalles, Fewars, Tackes-men, and pensioners, shall conveine at the day and places aboue­specified, to this effect, by themselues, or their procuratours, but shall wilfully absent themselues from the sayde Meeting, It shall bee lawfull for the sayd Prelates, Lordes of Erections, patrones, and other beneficed persons, being present by themselues, or their procuratours, at the daye and places aboue-specified, to make, set downe, and subscribe the same Taxt-Rolle. And in case any of the sayd Prelates, Lordes of Erections, patrones, and other beneficed persons, shall not conveine, by themselues, or by their procuratours, at the day and places aboue specified, particu­larly defigned to every one of them, It shall bee lawfull for the sayde Vassalles, Fewars, Tackes-men, and pensioners, at the least so many of them as shall conveine, by themselues, or their procuratours, to make, set downe, and subscribe the sayd Taxt-rolle. Which Taxt-rolle shall containe the particular summe that every one shall bee found iustly to bee addebred to pay, the parties name addebted to pay the same, and the cause wherefore the same ought to be payed. And being so set downe, eyther by the Prelate, Lord of Erection, patrone, or other beneficed per­son, or their lawfull procuratours, with so many of their Vassalles, Sub­vassalles, Fewars, Tackes-men of Teynds, pensioners, and others, oblished to relieue them of any part of the same Taxation, as shall conveine with them to this effect. And in case that none shall conveine with them, the same Rolle being then set downe by the Prelate, Lord of Erection, patron, or other beneficed person, or their lawfull procuratours: or in case of their absence, being set downe, made, and subscribed by so many of the sayde Vassalles, Fewars, Tackesmen, and pensioners, as by themselues, or their procuratours, shall conveine themselues for this effect. THE SAID ESTATES Decernes to bee as lawfull in all respects, as if the whole number of persons having entres therein, had conveined, made, set downe, [Page 8] and subscribed the same. Which Taxt-rolle being so set downe, made, and subscribed, in manner aboue-written (and no otherwayes) and delive­red to the Clerke of the Taxation, The sayde ESTATES ordaynes him to giue warrant for giving of letters of Reliefe there-upon, Dischar­ging him in any case to giue warrant for giving of letters of Reliefe upon any Rolle presented unto him, not made, and autentickly subscribed, in forme aboue-written, as hee will answer to the contrary, upon his perill.

IT IS likewise statuted, and ordayned, that Tackes-men of Teynds shall haue Reliefe upon their Sub-tackes-men, [pro tanto] respect being had to the gersome payed by the sayde Sub-Tackes-men. And for in­bringing of the Barrones and Free-holders partes of the same taxation, and of the Fewars and Rentalles of our Soveraine Lordes proper lands, their partes thereof, ordaynes letters to bee directed, charging all and sundry Shyreffes, Stewardes, Baylies, their Deputies, and Clerkes, Fe­wars, Chamberlaines, and Receivers of our Soveraine Lordes proper landes, That they, and every one of them, within the boundes of their Offices, rayse, and up-lift, the summe of Thirtie shillings, money of this Realme, of every pound land of old Extent, lying within the boundes of their Jurisdictions, for every one of the foure tearmes aboue specified: and in-bring, and deliver the same unto the Collector aforesayde, or to his Deputies, and Officiars in his name, having his power to receiue the same, at the particular tearmes aboue specified, under the payne of re­bellion, &c. And if they fayle at the by passing of everie one of the sayde tearmes, to denounce and eschate, &c. And for their reliefe, that letters bee directed, Charging all, and sundry Earles, Lordes, Barrones, Free-holders, Fewars, and Rentallers, of our Soveraine Lords proper landes, personally, or at their dwelling places: And by open proclamation, at the Market Crosses of the head Burgh of the Shyreff­dome, Stewardrie, or Baylierie, where their landes lye, if they be with­in this Kingdome: And if they bee without this Kingdome, by open proclamation at the Market Crosse of Edinburgh, Piere and shoare of Leith, upon threescore dayes warning, to make payment unto the sayd Shyreffes, Stewardes, and Baylies, their Deputies, and Clerkes, Cham­berlaines, and Receivers of our Severaine Lordes proper landes, everie one of them for their owne partes [respective] of the sayde summe of thirtie shillinges money foresayde, for everie pounde lande of olde Extent pertaining unto them for every one of the sayde foure tearmes payment, within twentie dayes next after they bee charged thereto, un­der the payne of Rebellion, &c. And if they fayle, To denounce, and escheate, &c. And if neede bee, that the sayd Shyreffes, Stewards, Bayllies, their Deputies, and Clerkes, Chamberlaines, and Receivers of our Soveraine Lordes proper landes, poynd and distraine the readiest Goods and Geare beeing upon the sayde landes therefore, as they shall thinke most meete and expedient. And that the sayde Earles, Lordes, Barrones, Free-holders, Fewars, and Rentallers of our Soveraine Lordes proper landes, haue letters for their reliefe, to charge their Vassals, Sub­vassalles, Ladies of Terce, Conjunct-feears, and Life-renters, to make payment of their partes of the sayde Taxation, within twentie dayes next after the charge, under the payne of rebellion, &c. And if they [Page] fayle, to denounce, and eschate, &c. And if neede bee, that they poynd, and distraine: providing alwayes, that the first tearmes payment of the sayd Taxation bee ever past before the next tearme bee charged for. And for in-bringing of the Burrowes parte of the same taxation, Ordaines letters to bee directed, Charging the and Bayllies of each Burgh, to make papment of the Taxt and Stent thereof, to the Col­lector Generall foresayde, his Deputies, and Officiares, in his name, ha­ving his power to receiue the same at the particular tearmes aboue spe­cified, under the payne of rebellion, &c. And if they fayle, to de­nounce, and escheate, &c. And for their reliefe, that letters bee dire­cted, charging all, and syndry inhabitantes within each Burgh, to con­veine, and elect certaine persons, to stent their neighbours. And the sayde Election being made, to charge the persons elected, to accept the charge upon them, in setting of the sayde Stent upon the Inhabitantes of every Burgh: and to conveine, and set the same, and make a Stent-rolle there-upon, as effcires, within twentie foure houres next after their charge, under the payne of rebellion, &c. And if they fayle, to de­nounce, and escheate, &c- And such like, the sayde Stent-rolle being made, and set downe, as sayde is, to charge the Burgesses, In-dwellers, and Inhabitantes, within each Burgh, to make payment of their partes of the sayd Stent, to the sayd Provest and Baylies, conforme to the Taxt­rolle, to bee given out there-upon, within three dayes next after the charge, under the paine of rebellion, &c. And if they fayle, to de­nounce, and escheate, &c. And if need bee, that the sayd Provest and Baylics poynd and distraine therefore, as they shall thinke most expedient. IT IS alwayes provided, That no person whatsoever, bee stented, or taxed, within Burgh, except according to the availe, and quantitie of his Rent, Living, Goods and Geare, which hee hath within Burgh: no wayes respecting his lands, nor possessions, which hee hath to Landward; for the which he will be oblished to pay taxation to other Officiars. Providing al­wayes, that the first tearmes payment of the sayd taxation be ever past, be­fore the next be charged for.

AT TOUR, His Highnesse, and His sayde ESTATES, De­cernes, and declares, That the charges to be given for payment of the sayde Taxation, shall bee executed before the tearmes of payment aboue specified, for every tearmes payment particularly by it selfe. And that the denunciation of Horning, following there-upon, shall not bee exe­cuted untill the tearmes of payment bee by-past. Which denunciation so following, upon the charges given before the sayde tearmes of pay­ment, the sayde ESTATES decernes, and declares, to be valide, and sufficient.

AT TOUR, His MAIESTIE, and the sayde ESTATES, Consi­dering the great abuse which hath beene used in all times by-gone, by sundry of the Lieges of this Realme, against all good conscience, in cau­sing thier poore Fermorers, Tennentes, and Labourers of their Ground, beeing removeable, who are subiect in payment of very deare Fermes, and other Duties, to relieue them of the whole burden of the by-gone Taxations: which hath beene the occasion of impoverishing of a great number of the sayde Fermorers, Labourers, and Tennentes, and brin­ging of them to utter wracke, and ruine: Whereas of reason they should [Page 9] bee altogether free from the payment of any Taxation, and the same should bee payed by such as haue free rentes, lands, and goods, of their owne. FOR REMEID whereof, it is statuted and ordained, That no persons whatsoever, exact or compell his Tennentes, or Fermo­rers, removeable, who pay Ferme, and other deare Duties, for the Landes occupied by them, to pay any part of this present Taxation, or to sure reliefe at their handes of the same. And if the same be found done by any persons, that they shall be called, and conveined therefore, before His Highnesse Justice, and his Deputies, as violent and masterfull Oppressoures of His Highnesse subiectes, and punished therefore, accor­ding to justice.

AS ALSO, the sayd ESTATES considering, that besides the ordinarie charges which His Maiestie doth dailye vndergoe, for the maintaynance of the Honour, Estate, and Dignitie of His Highnesse Kingdomes: the extraordinarie burthens, which now lyeth vpon His Maiestie, by the occasion before-written, are so great, and doeth so neare concerne everie Loyall and true hearted subiect of this Kingdome, as members of that body whereof his Maiestie is the head, that in due­tie they thinke themselues bound to beare a part of that burthen, and to relieue his Maiestie thereof. THEREFORE beside the ordi­dinarie Taxation aboue-written, the sayd ESTATES haue for the space of foure yeares, next and immediatly following the Tearme of Mar­tinmesse next to come, voluntarily, and freely granted vnto his Maie­stie, a yearly extraordinarie Taxation, of the twentie pennie of all an­nuell rentes, which any person or persons within this Kingdome, hath freely due and payable unto them vearly and tearmly, (their owne an­nuell rentes, wherein they are addebted to others, being first deduced.) The first tearmes payment whereof shall be, and beginne, at the sayd Feast and Tearme of Martinmesse next to come: and so forth, yearly and tearmly, at Whitsonday and Martinmesse, vntill the sayd foure yeares, and the eight tearmes payment thereof, be fully and compleatly out-runne.

AND WHEREAS The sayd ESTATES haue by, Act of Parliament, authorized all and sundry heretable Shyreffes, Stewards, Bailyes, and Bailyes of Regalities, and their Deputies, and the Provestes and Bailyes of Burrowes, who are heretable Shyreffes within themselues, within the boundes of their Iurisdictions: as likewise the Clerkes, with­in the Iurisdictions where these Offices are not heretable: which Clerkes haue their Offices [ad vitam] to collect the sayd extraordinarie Tax­ation, and make payment thereof to the Collector Generall, to be ap­poynted by His Maiesty for receiving of the same, THEREFORE, and for in-bringing of the same extraordinary Taxation, The sayd ESTATES Ordaines Letters to be directed, Charging all, and sun­dry the sayd heretable Shyreffes, Stewards, Bailyes, Bailyes of Re­galities, and their Deputies, and the said Provest and Bailyes, who are heretable Shyreffes within themselues, as likewise the Clerkes within the Iurisdictions where these Offices are not heretable, That they, and everie one of them, by North the river of Dee, within the space of fifteene dayes after everie Tearme of Martinmesse and Whitsonday: and that they, and everie one of them, by South the river of Dee, within the space [Page] of ten dayes after every Tearme of Martinmesse and Whitsonday, deli­ver to his Maiesties sayd Collector Generall, a true and iust Accompt and Inventor, of the whole summes of money due to be payed by any person within the boundes of their Iurisdiction, for his part of the sayd extraordinarie Taxation: And that they giue vp the same Compt and Inventor vpon their Oath, solemnedly sworne, that the same is iust and true: And make payment vnto his Maiesties sayd Collector Generall, or to his Deputies in his name: having his power to receive the same of the whole moneyes due to bee payed to his Maiestie, conforme to the sayd Compt and Inventor, within twentie dayes after each Tearme, vn­der the paine of rebellion, &c. And in case the sayd Shyreffes, Ste­wardes, Bailyes, Bailyes of Regalities, and Clerkes faile, to denounce and escheate, &c. For whose reliefe, that Letters bee directed, Char­ging all and sundry the sayd Annuell-renters, to make payment to the sayd Shyreffes, Stewardes, Bailyes, Bailyes of Regalities, Clerkes, Pro­vest and Bailyes of Burrowes, of the sayd twentie pennie of all Annuell­rentes, freely due and payable to them, within twentie dayes next after the charge, vnder the paine of rebellion, &c. And if they faile, to denounce, and escheate, &c. And if need bee, that the sayd Shyreffes, Stewardes, Bailyes, Bailyes of Regalities, Clerkes, Provest and Bailyes of Burrowes, poynd and distrayne therefore, as they shall think most meet and expedient.

AND His HIGHNES, and ESTATES foresayd, Ordaines the Lordes of Session to bee onely Iudges to all suspensions to bee cra­ved and suted by any of our Soveraigne Lordes Lieges, touching the said Taxations Which suspensions his Maiestie and Estates foresayd finds, may bee granted vpon lawfull and equitable reasons to bee considered by them, and discharges all other Judges within this Realme, of granting of any suspensions thereanent. With power to the said Lords to diligate fiue at the least of their ordinarie number, as they think expedient, To sit, cog­nosce, and decide the said suspensions, in time of vacance, if need be.

ACT. IIII.

OUR SOVERAINE LORD, With Advise and Consent of the ES­TATES of PARLIAMENT, Ratifies, Approues: and for Him and His Successors, perpetually confirmes all, & whatsoever Infeftments, Gifts, Donationes, and other Rightes, and Titles, made, or granted by his MA­JESTIE, or any others His most Noble Progenitoures to his High­nesle, CHARLES, PRINCE and STEWARD of SCOT­LAND, His MAIESTIES Dearest Sonne, or any others His [Page 10] Highnesse, the Prince, Predecessoures, Princes, and stewards of SCOTLAND, of whatsoever Lands, Lordships, Barronies, Su­periorities, Offices, Teyndes, Annuell-rents, Advocations, Do­nations and Rights of Patronage of Kirkes, Benefices, Chaplain­ries, Alterages, and others, whatsoever, where ever they lye with­in the Kingdome of SCOTLAND: together with all Actes of Parliament, other Actes, Lawes, Statutes, Consuetudes, Immuni­ties, Honours, Priviledges, Prerogatiues, and Liberties, whatso­ever made, introduced, or Joysed, by His Highnes, the Prince, or any His Highnes Predecessours, Princes of SCOTLAND, in any time by-gone. Notwithstanding whatsoever Actes of Parliament, other Actes, Lawes, or constitutions, which may ap­peare to derogate to the same, or that may or can bee extended, or bee interprete in the contrarie thereof, either speciall or gene­rall. AND FURTHER declares, that this generall Rati­fication shall bee as effectuall, as if all and sundry the sayd In­feftments, Giftes, Donations, Actes, Priviledges, Immunities, prerogatiues, and others foresaydes, were at length herein ex­pressed, named, and numbred. Anent the which His Maiestie, with advice and consent of the ESTATES, haue dispensed, and dispense, by these presents: Reserving alwayes the Landes, and others, assigned for the entertayment of the Castle of DUM­BARTANE, to bee applyed to that use, untill some other provi­sion bee made thereto, in place of the same.

ACT. V.

OUR SOVERAIGNE LORD, vnderstanding, that there bee divers Kirkes within this Kingdome, which by the late Commission appoynted for plantation of Kirkes, in the Parliament holden in Iunij 1617. were not setled nor provided with constant Stipendes: But which yet remaine disfurnished, and vnprovided of competent meanes to be given to the Ministers, who shal be provided to the charge and function of the cure of the same. AND THERE WITH also His Maie­stie considering, That there haue been heretofore sundrie Kirkes vnited together, and conioyned in one: albeit vpon good considerations, it may bee found more expedient, That the same union bee dissolved, and that the sayd Kirkes bee provided severally, with distinct Functions, and separate services, at such places where the commoditie may affoorde, in the same manner as if no such Union had beene made. And such like, because there bee some Kirkes, whereof the Parochine is of so large boundes, that many of the Parochiners, dwelling in rowmes of the Pa­rochine [Page] so remote from the Kirke: who for the great distance of the place, or for the interjecting of Waters betwixt their rowmes and the Kirkes; which oftentimes, and especially in Winter, are not passable, or for some such other knowne impediment, cannot haue accesse and repaire to the Paroche Kirkes at the ordinarie times appointed for Divine Service and Worship, and enjoy the comfort of the Exercise thereof. AND OUR SOVERAIGNE LORD, according to the Princelie and Godly Indewments, wherewith His Majestie is singularlie bles­sed, being most carefull to establish all good, and propagate the Re­ligious and true worshippe of GOD, vniversally throughout all this whole Kingdome: Where thorow all His People may haue occasion to participate the benefite of the Worde, without feeling of any of these Prejudices, growing from the aboue-written occasions: Which His Maiestie, in his Royall and Fatherly care over his People, is most desirous to haue removed: THEREFORE, His Maiestie, with ex­presse advice, and consent of the ESTATES of Parliament, Hath graun­ted full power and Commission, to the Lord Chaunceller for the time: AND to the reverend Fathers in GOD, John, Arch-bishoppe of Sainct-Andrewes: James, Arch-bishop of Glasgow: Alexander, Bishop of Dunkell: Adam, Bishop of Dumblane: Andro, bishop of Galloway: John, Bishop of Caitnesse: Sixe persons nominate for the Clergie, and Prelates. And in case of deceasse of any of them, to Patricke, bishop of Rosse: and Patricke, bishop of Aberdene. Which two persons the ES­TATES haue nominated, to supply, and become, in the place of any of the other sixe aforesayd, if any of them shall happen to deceasse be­fore this Commission bee finished. TO WIT, The first of the two, in place of the first of the sixt deceasing: To John, Earle of Win­ton: Robert, Earle of Lowthiane: Thomas, Earle of Mclrosse: John, Vicount of Landerdaile: Iohn, Lord Belmerino: David, Lord Carna­gie: Sixe persons nominate for the Nobilitie. And in case of any of their deceasse, To John, Earle of Wigton, nominate to become in the place of the first deceassing: And Walter, Earle of buckcleuch, nominate to be­come in the place of the second. To the Commissioners vnder-written, nominate for the Barrons: To wit, Sir Richard Cockburne of Cler­kington, Knight, Lord Privie Seale: Sir William Levingstoun of Kil­sythe, Knight: Sir Iames Dondas, of Arneistoun, Knight: Sir Archebald Napier of Merchingstoun, Knight: Sir Andro Ker, of Phairnichrist: Ale­xander Lauder of Haltoune. And in case any of their deceasse, To David Crichtoun, of Lugtoun: and Sir Iohn Hammiltoun of Prestoun, Persons nominate, to become in order, as they are named, in place of any of the sixe deceassing. And to Iohn Byres, burgesse of Edinburgh: Master William Fergussone, burgesse of Dondie: Andro Bell, burgesse of Lin­lithgow: Robert Taylor, burgesse of Sainct-Andrewes: Maiter Iames Cockburne, burgesse of Hadingtoun: and Sir George Bruce of Carnock, Knight, burgesse of Culros: Sixe persons nominate for the Burrowes. And in case of any of their decease: To Alexander Clerke, Merchant, bur­gesse of Edinburgh: and Master Alexander Wedderburne, Clerke of Dondie: persons nominate, to supplie in order, any of the other sixe Commissioners foresayd deceassing. WHICH foresayd Com­missioners, or any foure of each Estate nominate, as sayd is, consenting [Page 11] and agreeing in one voyce, shall haue power to consult, conveine, and determine, upon the matters, and in manner vnder-written: Providing al­wayes, That there is, and shall be requisite to the validite of any Act, Con­clusion, Ordinance, and Determination of the sayd Commissioners, The conjunct assent of foure of every one of the sayd foure Estates, all agree­ing together in voyce. Without the which consent of the sayd foure of eve­ry Estate so agreeing. The rest of the sayd Commissioners shall haue no power to make any valide, or effectuall conclusion, by vertue of this pre­sent Commission: But whatsoeuer shall be otherwayes done, is declared to be of none availe, force, nor effect.

THAT IS TO SAY, Our Soveraine Lord, and Estates of Parliament, by the Tennor hereof giues, grauntes, and commites, full power and authoritie to the sayd Commissioners, to meete, and conveine, in the Towne of Edinburgh, at such time, and times, as they shall appoint, and finde convenient: And there-to call, and summonde before them, all Patrones, Tackes-men of Teyndes, great and small, and others, having Right, by whatsoever Title to the Teyndes of any of the Kirkes within this Kingdome, which are not already planted by the fore­sayde first Commission: and which shall any wayes bee medled with by this present Commission, as they shall thinke necessarie, and expe­dient, To exhibite, and produce before them, their Rightes and Titles, whereby they claime the sayde Teyndes, to bee seene, and considered, by the sayd Commissioners: With power unto them, out of the sayde Teyndes, of every Parochine and Kirke, not already planted: To appoint and assigne, at their discretions, a perpetuall locall Stypend to the Mini­sters present, and to come, at all the sayd Kirkes, unprovided, as sayd is: AND that notwithstanding any Right or Title pretended by the sayd Tackes-men, or others, in whole Favoures Teyndes haue beene erected: With power also, to the sayd Commissioners, to dis-unite such Kirkes, one or moe, as were united of before, and appoynted to bee served by one Minister. And as they upon good considerations shall finde requi­site to appoynt the same to bee served by severall functions, and charges, as distinct Parochines, after such manner as shall bee found by them most expedient. Providing alwayes, That all parties having interesse in the union, and dis-uniting of the sayd Kirkes, and plantation thereof, giue their expresse warrand and consent thereunto.

IN the which case of Plantation, and provision of the Kirkes which shall be dis-ioyned, as sayd is, the presentation of the Ministers shall bee appoynted by the sayd Commissioners, to pertaine to the Patrones, con­forme to their right thereof, to bee produced before them. And as the sayd Lordes Commissioners shall finde most agreable with reason and equitie. With power likewise to the sayd Commissioners to appoynt and set downe such solide order, for erecting and building of new Kirkes, in any Parochines, where they shall finde necessitie, and conveniencie to doe the same, and where the Parochiners are not presently well and commodiously served at the present Kirkes of the Parochine, as they shall finde most expedient. And the sayd Kirkes being erected, with power to the sayd Commissioners, to provide the same with such pro­portion of Stypendes, as they shall finde may be with least preiudice, and best commoditie, made out of the fruites of the sayd Parochines, to [Page] the Ministers, to be appointed to serue at the sayd new builded Kirkes, To the which building and making of new Kirks, & providing of the same with competent Stipends, The sayd Estates findes and declares, that it shall be expresly necessarie, that the Patrones, Tackes-men, and other parties, ha­ving Interesse in the Erection and building of the sayde new Kirkes, and in the planting and provision thereof foresayd, giue their expresse war­rand and consent there-unto. Which being so had, and obtained, With power to the sayd Commissioners, to proceede therein as is most agree­able with reason.

IT IS alwayes declared, that in all, and everie one of the ca­ses aboue-written: that is to say, Eyther in providing of Kirkes not planted of before, or in dis-uniting of kirkes formerly ioyned: and ap­pointing of severall and distinct Stipends to the same: Or in the Ere­cting of new kirkes, and provision of them, with Ministers, and stipends. The sayd Commissioners shall haue expresse power and warrande, to determine, and appoint such proportion and quantitie as they shall finde expedient, eyther amounting over the summe of fiue hundreth Markes, or beneath, and under the same, as they shall finde may most conveniently and commodiously be had: after the consideration of the quantity and estate of the fruits of the Kirke, and the case wherein the same is: and as may be with least preiudice spared out of the same. AND the sayd ESTATES findes and declares, That the sayd Commissioners shall haue no power, by vertue of this Commission, to alter, or meddle with a­ny Kirke which was setled by vertue of the foresayd Commission, graun­ted in Anno 1617: yeares: Or to change the estate thereof in any wayes: Or yet to erect, builde, or provide any new Kirke without the spe­ciall and expresse consent of all parties, having Interesse, had, and obtay­tayned there-unto: Without whose consents, it shall not bee lawfull for the sayd Commissioners, in any wayes, to touch the sayd Kirkes so provi­ded. But the same are expresly excepted (Except in case of consent fore­sayd) out of this present Commission.

AND ALSO, Forasmuch as the sayde ESTATES of Par­liament, considering the particular Petitions and Supplications after specified, given in to them by the persons under-written, to the effect following: To wit, A petition given in, by Thomas Burnet of Leyes, Desiring a new Kirke to bee erected, and builded, within the Parochine of Fetteresso, upon any part within the same Parochine, most ewest for the instruction of the Parochiners of Fetteresso, who dwell most remote from the present Kirke thereof. Item, a Supplication given in by the Gentlemen and Parochiners of the Parochine of Roisnethe; Desiring that the Kirke of Roisnethe, for the causes specified in their Supplica­tion, founded upon the incommodious situation of the sayd Kirke, might be transported out of the Yle of Roisnethe, where it presently standeth, to that part of the mayne Land of the sayd Parochine, called the Landes of Ardinconnell, as place most convenient, and indifferent for the whole Parochiners to resort vnto. Item, a Petition given in, by John, Earle of Wigton, Lord Flemming, and Cumbernauld, and remanent Parochiners of the Parochine of Leinzie: craving licence to transport, found, build, and erect, the Kirke of the sayd Parochine of Leinzie, presently standing at the West end of the Parochine thereof; to any other part of the [Page 12] same Parochine, neare the middest thereof, most convenient for the ease of the whole Parochiners: And being builded, to bee declared to be the onely Kirke of the sayd Parochine of Leinzie. Item, two Warrandes given in, under His HIGHNESS Hand, concerning the appointing and determinating, which of the two Kirkes of Larbaire and Donypace formerly united, should bee toe ordinarie place of publicke Divine Ser­vice of the sayd two Parochines. As in the same two Patentes contay­ning their owne severall desires at more length is contayned. Item, a petition given in, by the parochiners of the parochines of Kilcharrane, Kilmichaell, and Kilchuslane, united by the former Commission: and of the parochines of Kilcolmkill, and Kilblane, also united by the same Commission: all lying within Kintyre: Desiring libertie for building and erecting of a Kirke for serving of the first three parochines, with ano­ther Kirke for serving of the two last parochines, both united as sayd is. Item, a Supplication given in by John, Lord Hay, of Zester, and the possessours of the landes of Rodonno: Desiring, that the same landes of Rodonno, with the pertinents, should bee declared to haue been, and to be in time comming, a part of the parochine of Lyns, as also cra­ving, that it might be lawfull to the sayd John, Lord Hay, of Zester, to build a Kirke upon the most commodious place of his landes of Ro­donno, or Meggett, for serving of the Inhabitantes thereof, at such times as they should be impeded by storme of weather, from comming to the Kirke of Lyns. Item, a supplication given in, to the sayd ESTATES, Desiring, that the dissolution of the fourty pound land of Buchanane, from the Kirke of Lusse, and union thereof, to the Kirke and parochine of Inschcalzicoche, done by the former Commission, might be now ra­tified: and the same fourty pound land, declared to remaine in time comming, as part of the parochine of Inschcalzieoche. Item, a peti­tion given in, by Patricke, Bishoppe of Aberdene, Desiring the ES­TATES, to give power to the foresayd Commissioners, to ratifie and approve the voluntarie Dissolutions of the former unions of these Kirkes within his Diocie, to the severall provisions, whereof the parties having Interesse thereintill, haue consented, and to admit these who make offer at the sight of the Bishop and Presbyterie, where the Kirkes lye, To provide the same severally, Albeit they shall not make out the full rate and stipend appoynted by the last Commission. And last, a petition given in, by the Minister at the Kirke called Christs Kirke, at Udney: craving the same Kirke to be sufficiently planted, and provi­ded, with a constant and locall stipend, and the same made sure to the Minister serving the cure at the sayd Kirke, as the foresayd Supplicati­ons, Petitions, and Patents [respective] aboue-written, in themselves more fully proports.

AND Finding the Desires foresayd reasonable, Our sayd So­veraine LORD, and ESTATES of Parliament, Giues, Graunts, and commits, full power and authoritie to the sayd Commissioners, to appoynt, determine, and set downe, such solid Order anent the whole particulars aboue-mentioned, and every one of them, as they af­ter consideration and tryall had, and taken, by them there-anent, shall finde most expedient, and agreeable with reason. To the doing where­of, in every one of the particulars foresayd, (Except anent the building [Page] of a new Kirke within the Parochine of Fetteresso, as is desired by the Laird of Leyes) THE ESTATES Findes, and Declares, That it shall be onely necessarie to summonde all Patrones, Tackes-men, and other parties whatsoever, having Interesse in the particulars foresayd, to heare, and see order taken in the premisses thereanent: That after ci­tation, the Commissioners may consider of the Interesse and preiudice, if any shall bee qualified by any person before them, anent the particulars aboue-mentioned: and may then proceede therein, as they shall finde most expedient. But the ESTATES findes, and declares, That in the setling and determination of the first particular aboue-mentioned, a­nent the building of a new Kirke within the Parochine of Fetteresso, There shall bee expresly requisite, the speciall and expresse consent and warrand of the parties, having Interesse there intill: By, and beside the citation and summonding of them to that effect: AND findes, and declares, That the Decreete and Sentence of the sayd Commissioners, to bee given by them in all the particulars foresayd, and every one of them shall haue the strength, force, and authoritie of a Sentence, and Act of Parliament, such like as the same had been done, and determined by the sayd Estates themselves.

AND Because Reason and Equitie craveth, That recompense should bee made unto the Tackes-men, and other persons whatsoever, who shall bee by the sentence of the sayd Commissioners, hurt and preiudged of their present profite, which they may lawfully bruike, by vertue of their Titles and Rights, established in their persons: and up­on whom, by vertue of the sayde Sentence, any Burthen of the Su­stentation and provision of the sayd Kirkes and Ministers is to be im­posed: THEREFORE, Our Soveraine LORD, and ES­TATES of Parliament, Giues full power, and commission, to the sayd Commissioners, so to proceede in the determining of the sayd recompense, that in case the Lord, or any other, having right to erected Prelacies, who shall bee cited before them, refuse to take the Burthen of plantation of any Kirkes belonging to the sayd erected Prelacies, which are in any of the cases aboue-written: And that vpon their refu­sal, (The same refusall being first found reasonable by the sayde Com­missioners) the burthen of the sayde plantation shall be layd and im­posed by the sayd Commissioners, in whole or in part, eyther upon the principall Tackes-men of any of the fruites of the sayd Kirkes: Or in case of the Tackes-mens refusall, the burthen bee imposed upon the Sub-Tackes-men thereof: The sayd Commissioners shall haue power to decerne, appoynt, and ordaine, such particular recompense to be gi­ven unto the sayd Tackes-men, or Sub-Tackes-men, by reniewing of their Tackes, or Sub-Tackes, after the expyring thereof, upon such con­ditions, as the sayd Commissioners shall finde reasonable. Respect being had to the qualitie and proportion of the burthen to be imposed upon them, within the time of their Tackes and Rights, farther than they are astricted by their sayd rights: or by appointing such other reasonable satisfaction, as they shall finde the sayd burthen and distresse under-gone by any of them, shall deserue, and require.

LIKE AS the sayd Commissioners shall haue such like power to determine, decerne, and appoint such particular satisfaction, and recom­pense, [Page 13] to bee given eyther to the Laicke-patrones, or to the Tackes-men of the Fruites of the Kirkes, belonging to the like patronages and Sub-Tackes-men thereof, as they shall thinke may bee answerable to the burthen to be imposed upon eyther of them, for the cause aboue-writ­ten proportionally. IN THE prescribing of the which recom­pense, The sayde Commissioners shall haue speciall respect, what con­sideration they finde reasonable to bee giuen to the sayd Patrones, for their consentes to the Tackes, if any shall bee appoynted, and decerned to bee sette, and given vnto the sayde Tackes-men, for recompense fore­sayd. AND if any beneficed person, upon iust and reasonable cau­ses, refuse to provide any Kirke belonging to their benefice, according to the order hereby prescribed, whereby the burthen of plantation, or farther provision for the Kirke, must necessarily lye upon the Tackes-men, or Sub-Tackes-men of the fruites thereof: The sayde Commissioners, in that case also, shall decerne such recompense to bee given to the sayde Tackes-men, and Sub-Tackes-men, for their losse and preiudice sustained, as the sayd Commissioners shall finde the same shall merite, by renewing of Tackes vnto them, vpon such conditions as may requite their losse: Or by finding out some other reasonable meane, which may re­payre the same.

AND OUR sayde Soveraine LORD, with advise and consent of the sayd ESTATES, Declares, statutes, and ordaines, that all Tackes, which shall bee decerned by the sayd Commissioners, to bee given in recompense to any perfon whatsoever, for the causes aboue­written: and which shall bee set for obedience, and conforme to the sayde Decreete, and sentence, whatsoever yeares, or long space the sayd Tackes shall comprehende, shall bee good, lawfull, and sufficient secu­rities, to the persons in whose favours the same are appoynted to bee given, and conceaved. Neyther shall the same bee any wayes preiud­ged, by the Act made in the Parliament holden in Anno 1617. By the which it is statuted, THAT no Arch-bishop, Bishop, or Prelate, should sette in Tacke any part of their patrimonie, for longer space nor nineteene yeares: AND, That no inferiour beneficed persons shall sette in Tacke any part of their Benefice for longer space nor their owne life times, and fiue yeares there after, as the sayd statute proports: From the which statute the sayde Tackes so appoynted to bee set, and given in recompense, are, and shall bee excepted, and reserved, and shall no wayes come under the compasse of the same Act and statute, nor in any thing therein contained. But the same shall remaine, and abide, valide, and sufficient rights, for the whole space and yeares ap­poynted therein, according to the Tennor thereof: notwithstanding of the sayde Act and Statute. And because it may fall foorth, That in the recompence to bee appoynted, by the sayd Commissioners, to the Pa­trones, Tackes-men, and Sub-Tackes-men, for the aforesayd burthen to bee imposed upon them, Moe yeares may bee assigned for prorogation of their present Tackes, nor may lawfully, or conveniently be set, by the present beneficed persons, to whom by Law the setting of Tacks of Teynds belongs.

FOR REMEID Thereof, Our Soveraine LORD, with advise and consent of the sayd ESTATES, Declares, Statutes, and Or­daynes, [Page] that it shall bee lawfull for the Commissioners foresayd, to appoynt as many yeares after the expyring of the present Tackes, to the Tackes-men of the sayde Kirkes, and Teyndes: Or to the patrones or Sub-Tackes-men (respective) for bruicking of the sayde Teyndes, for recompense of the sayde burthen, as they shall thinke reasonable: Which shall bee as good, valide, and sufficient Rights, to the sayde Patrones, Tackes-men, or Sub-Tackesmen. (respective) and vnto their Heyres and Assignes, for bruicking, possessing, and disponing on the sayde Teyndes, during the sayde yeares of prorogation: As if good, lawfull, and valide Tackes and Rights of the sayde Teyndes had beene sette, and made to them, by the Titulares of the Benefices, to whom the same belonged: With consent of all parties having Interesse: WITH expresse provision and declaration, That at the expyring of all the sayde yeares; the right of the sayde Teyndes, and power to sette Tackes thereof, shall returne, and appertaine to the aforesayde Titulares of the foresayde Benefices, as they did before the making of this present Act. AND OUR SAYD SOVERAINE LORD, with ad­vise of the ESTATES, Declares, and Ordaines this present Com­mission to beginne upon the tenth day of Januarie, next to come: with continuation of dayes: and to last and endure, during the space of yeare and day thereafter. After the which time, the same shall cease and expire: And ordaines the Decreete, and Sentence of the sayde Com­missioners, in all the particulars foresayde, and everie one of them, to haue the strength, force, and authoritie of a Decreete, Sentence, and Act of Parliament. For obedience whereof, the Lordes of Session shall di­rect and grant Letters in forme as effeires, and according as shall bee necessarie. Which Commission aboue-written, taking force, and full ef­fect, in all the sayde particulars therein contained, as the same are set downe, and comprehended therein, by pronunciation of decreete and sentence vpon the same, conforme to the power therein comprehended, given unto the sayd Commissioners.

OUR SOVERAINE LORD, with expresse consent, and as­sent, of the ESTATES, in that case, findes, and declares, That no person, in whose favours the Teyndes of Kirkes, and Benefices, are ere­cted: nor no other, whatsoever, bruicking Teyndes, by vertue of rights lawfully made to them of the same, according to the Lawes of this Realme then standing, shall bee ever farther altered, or quarreled in any of their sayde rights in any time to come, further then shall be appoynted by the sayde decreet and sentence to follow vpon this present Commis­sion. But the sayd rights and securities in case foresayd, shall remaine in their owne strength, force, and effect: as good, lawfull, and sufficient rights, and securities, unto them, and every one of them, for their owne parts, for bruicking and enioying of the sayd Teyndes, conforme to the tennour of the sayd rights, for now, and for ever.

ACT. VI.

OUR SOVERAINE LORD, and ESTATES of Parliament, considering that his Maiesties Lie­ges are greatly damnified, and prejudged, by the abuse and evill custome, which heretofore hath beene observed in Comprisings: whereby Lord­ships, Baronies, and other great portions of Landes are comprised for small summes of money: and thereby the compriser hath right to the mailes, duties, and profites of the Landes: notwithstanding that they farre exceede the profite of that summe of money for the which the sayde Landes are comprised. FOR remeide whereof, It is statuted, and ordained, That the compriser shall haue no further right to the mailes, fermes, and duties of the compri­sed landes, by vertue of the comprising ledde at his instance, during the yeares and space that the same is redeemable, but onely to such parte and quantitie thereof as will corresponde to the Annuell-rent of the summe, at ten for the hundreth, for the which comprising is ledde with this provision alwayes, and expresse declaration, That if the mailes and duties of comprised landes exceede the proportion of the annuell-rent of the foresayd summes, for the which the comprising is deduced, and that the compriser please to intromet therewith, and according thereunto, that he haue intromission with the same, in that case his foresayd further intromis­sion, which shall extend to any greater quantitie then will iustly satisfie him of the foresayd annuell-rent, shall be ascribed in payment and satis­faction of his principall summes, [pro tanto.]

LIKE AS THE ESTATES findes, and declares, That the same further intromission shall bee ascribed in that payment of the sayd principall summe: So that if it shall happen, that the quantitie of the mailes and duties to bee intromitted with by the compriser, to extend unto as much as will satisfie the whole principall summes, with the or­dinarie annuell-rent thereof, according to ten for each hundreth, and the expenses bestowed by the Compriser, in passing, and obtaining Infeft­ment of the Superiour, of whom the Landes are holden: together with the annuell-rent of the sayd summes, so given by the Compriser to the Superiour, for entring of him to comprised lands, and the necessarie expenses and charges waired and bestowed by the sayd Compriser, in leading and deducing the sayd comprising, in that case, thereafter the comprising to expyre [ipso facto] and to cease in all times following.

AND IF that the person against whom comprising is led, be Mi­nor, and of lesser age, IT IS statuted and ordained, That it shall bee lawfull to him at any time within his perfect age of twentie fiue yeares compleate, to redeeme the sayd comprised landes, by payment of the summes, for the which the sayd comprising was ledde, and of the lawfull annuell-rentes thereof, according to ten for each hundreth, Together with the expenses bestowed in passing and obtaining of the In­feftment from the Superiour, and ordinarie annuell-rent of the same: toge­ther also, with the necessarie expenses bestowed in leading and deducing [Page] of the sayd comprysing, as is aboue-written. And that notwithstanding of the preceeding Lawes, and Practique of this Kingdome, by the which the Legall reversion of comprised Landes, expired within seaven yeares after the leading of the comprising: From the which His Maiestie and Estates hath, by this present Act, and Statute, excepted Minors, in all times comming, declaring the same no wayes to runne against them. BUT IT IS Declared, that if a Minor redeeme not Landes com­prised, (the right of reversion whereof is competent in his person) with­in seaven yeares after the leading of the sayde comprysing, but ac­cording to the benefite granted vnto him by this present Act, suffer the comprysed Landes to remaine vnredeemed, with the compriser, during all the yeares of his Minoritie, and lesse age: then, and in that case, the compriser shall haue good right, to meddle, and intromet, with the whole Mailes and Dueties of the comprised Landes of all these yeares subsequent, after the expyring of the sayd seaven yeares, and intervei­ning betwixt them, and the sayde yeares of his Maioritie, and perfect age of twentie fiue yeares compleate: Notwithstanding that the dueties of the landes extende to more then will answere to the annuell-rent of the money, for the which the land is comprised. And if it shall hap­pen a Minor, having right to redeeme comprised landes, as sayd is, de­ceasse before hee bee of perfect age of twentie fiue yeares, and that ano­ther Minor bee Heyre, or succeede unto him in his right of reversion, and title, competent to him, for the redemption of the sayde comprised landes: that Minor so succeeding in the rights, shall haue the same li­bertie and priviledge aboue-written, for redemption of the sayd landes, such like, and in the same manner, as if they had been comprised from him­selfe, wherein he shall no wayes be preiudged by the yeares which ran af­ter the comprising, in the life time of that person Minor in whose right hee succeedeth, but that hee may such like lawfully redeeme the same at any time before his Maioritie, as sayd is.

AND IT IS Declared, That in case any Minor, having the right of the sayde reversion competent unto him, shall happen to decase after the expyring of seaven yeares out-runne, after the sayde comprising, and that a person of perfect yeares succeede to the same Minor, in the right of his reversion aforesayde: in that case the sayd person Maior so suc­ceeding, shall bee holden and astricted to redeeme the sayde comprised Landes, within the space of yeare and day after the deceasse of the sayde Minor, in whose right hee succeedeth. Otherwayes, the sayd re­demption not being used by him within that space, hee shall bee perpe­tually secluded from all benefite which hee may clayme by the reversion and succession thereunto foresayde, and all power of redemption of the sayde Landes, by vertue thereof. But if at the time of the Minors de­ceasse, all the sayde seaven yeares were not expyred, It shall bee lawfull for his sayde Successor (being Maior) to redeeme, within the space of so many of the sayde seaven yeares, as were not out-runne the time of the Minors deceasse: such like as if the sayde Landes had beene com­prised from the sayd Minor himselfe. Which time being expyred, and hee doing no diligence, hee shall bee excluded from the benefite of his reversion.

AND IT IS specially provided, That in all the aboue-written [Page 15] cases, if the comprised Landes bee not worth such yearly quantitie of Maile and Dutie, as will proportionally effeire to the Annuell-rent of the sayd Money, as ten for every hundreth, for the which comprising is ledde: or being worth that the same is exhausted by other lawfull deeds: which may render the same unprofitable to the compriser, and unaun­swerable to the Annuell-rent of the summes, for the which he hath compri­sed, either in whole, or in part: then, and in that case, the redeemer (whether he be Major, or Minor) shall be holden, before hee can re­deeme, or out-quite the sayd Landes, from the compriser, to refound and pay to him, the full Annuell-rent and profite of the summes, for the which the landes were comprised, so farre as hee wanteth, and inlac­keth, by the benefite of his sayde comprising. And if the rent of the Land so comprised, consist in victuall, The estimation and consideration thereof, shall bee had according to the common prices of Victuall in those Shyres where the comprised landes lye: according as the same giueth betwixt Zuile and Candlemesse. AND the sayd ESTATES Declares, That this aboue-written Statute shall no wayes extend, nor bee preiudiciall to comprisings, which are already prescribed, before the date of this present Act.

ACT. VII.

OUR SOVERAINE LORD, AND ES­TATES OF PARLIAMENT, Considering the great preiudice sustained by diverse and sundry Creditours, by decease of their Debtors: who being preveined by the diligence of their Concredi­tors, by obtayning of Sentences of Adiudication of their defunct Debtors, Lands, and Estate, In respect of the refusall of the nearest of Kin, to enter Heyres to them, are secluded from participation of any part of the landes and goods pertayning to their said defunct debtors: they beeing com­mon debtors to the sayd whole Creditors, contrarie to all equitie and reason. FOR REMEID Whereof, It is Statuted, and Ordained, THAT All Adjudications to be obtayned by any person at any time hereafter, of any of their defunct debtors landes, and Estate whatso­ever, with all rights and Infeftments following thereupon, shall bee redeemeable from the partie obtayner of the sayd Sentences of Adju­dication, their heyres and assignes at any time after the pronouncing of the same, AT the instance of any Concreditor of the sayd defunct debtor, or of any Creditor of the sayd person, who renounceth, To be heyre to his predecessors, who shall happen thereafter to obtayne decreete of Adjudication, against the appearing Heyres of the defunct debtor: And that within the space of seaven yeares, next and imme­diately following the obtayning of the sayd Sentences of Adiudica­tion, by payment of the summes of money specified in the sayd Sen­tences: Together with the Annuell-rent of the same summes, according to ten for each hundreth thereof, during the time of the not-redemption of the same: and of the expenses sustayned by them in obtayning of the [Page] sayd Sentences, to be taxed, and modified, by the Lords of Counsell and Session. By payment of the which summes, the sayd Concreditor shall come in the place and right of the partie from whom hee redeemeth: And shall bruicke the same by vertue thereof, perpetually thereafter: Except it shall happen another Concreditor, who shall obtaine the like sentence of Adjudication, to redeeme the same from him, within the space aboue writ­ten. In the which case, it is declared, That the partie redeemer, in the se­cond, third, or fourth rowme, and so foorth, so long as there are any Con­creditors, shall be oblished not onely to pay the summes contained in the Adjudication, obtayned at the instance of the partie from whom he redee­meth: But also the whole summes, which were payed by him unto the for­mer Concreditors, for redemption of their Adjudications, with the An­nuell-rent, and expenses in manner aboue specified.

IT IS alwayes declared, That if the partie from whom the sayd Adjudications shall be redeemed, did up-lift the Fermes, and dueties of the lands, and others, contayned in the Adjudications: That then, and in that case, the partie redeemer shall not be holden to pay any annuell-rentes, or expenses: but in so farre as the same annuell-rents, and expenses, exceede, and are more, than the Mailes, Fermes, and dueties, intrometted with by the partie from whom the same is redeemed. AND if the sayde Mailes, Fermes, and Dueties, exceede both the annuall rent and ex­penses, IT IS declared, That the super-plus shall be allowed in the principall summe, by the sight of the Lords of Counsell, Consideration being had of the pryces of the Fermes, and Victuall, as the same were commonly sold betwixt Zuile and Candlemesse, in the Shyreffdome where the lands lye. IT IS alwayes declared, That these presents shall no wayes be extended to Decreetes, and Sentences of Adjudication alrea­dy recovered.

AND such like, it is declared, That in case any Minor, who hath re­nounced in his Minoritie, be reponed [in integrum] against the same renun­ciation: That then, and in that case, he shall haue place to redeeme, from the whole Creditours, by payment of the sayd whole summes owing unto them, and whereupon they obtayned Adiudication in manner, and with the provisions aboue specified. And all the rest of the Priviledges granted to Minors, in Comprisings, to be likewise granted in Adjudications: which are here holden as repeated.

ACT. VIII.

OUR SOVERAINE LORD, and ESTATES of this present Parliament, Understanding that sun­drie His Maiesties Lieges, who for great summes haue comprised their debtors landes, are heavilie prejudged, through the fraudfull abstracting, or de­stroying of the Writtes, Infeftments, or Confirma­tions of the sayde comprised Landes: the sayde [Page 16] Writtes, Infeftments, and Confirmations, not beeing registred in the Register of the Great Seale. HEEREFORE, whereas any Credi­tour hath comprised landes, holden of His Maiestie, and cannot reco­ver foorth of the persons hands, from whom the same are comprised, the KINGES right, and confirmation of the same Infeftment, given vnto them therof, Lest the negligence of the partie, not registrating the Infeft­ment, or Confirmation, after the passing thereof at the Great Seale: Se­cunded with the subsequent fraude, in abstracting and destroying the principall Right and Confirmation, should unjustly indamnage the true Creditor, and Compriser. HIS MAJESTIE, with and con­sent of the sayd ESTATES, willes, and declares, That if the sayd In­feftments, and Confirmations of the sayd persons, from whom the sayd lands are comprised, haue past the Privie Seale, and be registrated in the Register thereof: That notwithstanding the want of the Infeftment and confirmation under the Great Seale, or the Extract thereof: the Extract of the sayd Infeftment, or Confirmation, foorth of the Register of the Privie Seale: The same thereafter being past the Great Seale, at any time shall be a sufficient right to the Compriser, whereby to possesse and en­joy the landes comprised: conforme to the Lawes made anent Compri­sings: as freely in all respectes, as if the sayd Infeftments and Confirmati­ons were extant, and registrated in the Register of the Great Seale. Pro­viding alwayes. That this present Act shall no wayes hurt nor prejudge any third person, who hath Infeftment or Confirmation of the sayd com­prised lands, past the Great Seale of an anteriour date to the sayd Infeft­ment, so past the Great Seale, in manner aforesayd: but shall be onely of force and effect against that person, from whom the lands are comprised, his Heyres, and successours.

ACT. IX.

OUR SOVERAINE LORD, and ESTATES of Parliament, Understanding, That a good number of Kirke landes, pertavning unto Bishoprickes, and their Chaptours, are disponed of olde to bee holden by Service of Warde, and Reliefe: Which forme of holding yeeldes no pre­sent nor constant rent and commoditie: but is onely a casuality which vaketh not often: and when it vaketh, is gifted and disponed by the pre­sent Titulars, to their owne particular use, without any benefite to their successours. WHEREAS, if the sayd Kirke Landes were sette in Fiew Ferme fro a competent yearely Duetie, the same would not onely augment, and meliorate the estate of the Benefice; but also diminish the occasion of applying of Kirke rentes to particular uses. AND HIS MAJESTIE, out of his Royall case, and Princely disposition, inten­ding the preservation of the estate of the sayd Bishoprickes, and their Chaptrous: and therefore beeing most earnest to avoyde and remoue this evill: HIS MAJESTIE, and ESTATES, statutes and or­daynes, That it shall bee lawfull for all Bishoppes, and Members of Chaptours, who haue Lands holden of them by Service of Warde and [Page] Reliefe, to set the same in Fiew Ferme, for payment of a competent Fiew Ferme dutie, and doubling the same at the entry of the heyre: Providing thrt the sayd Fiew Ferme dutie be answerable to the retoured duetie of the lands: And where the lands haue not been retoured, that the retoure be ru­led according to the custome of retoures of landes in the countrey of the like valour, where the sayd lands lye: And declares, That this present Sta­tute shall remaine in full force and effect, for the space of three yeares af­ter the date hereof onely, and no longer, while farther order bee taken there anent.

ACT. X.

OUR SOVERAINE LORD, And ESTATES of this present Parliament, considering in the fifth Par­liament holden by his Maiestie, upon the twentie fiue day of Julie, in Anno one thousand, fiue hundreth, three­score, and eighteene yeares: Cap. 62. His Highnesse, with advise and consent of the ESTATES, Found, and declared, That the Ministers and Readers ought and should pay no Teynd for their Gleybss, and Kirke landes, extending to foure Ackers of Land, designed vnto them conforme to the Act of Parliament: But decersted and declared them to hee free of their sayd Teyndes, and dis­charged them [Simpliciter] thereof in all time comming. LIKE as in the Parliament holden at Perth, the ninth of Julie, in Anno one thousand, sixe hundreth, and sixe yeares: Cap. 7. It is ordayned, That there shall be designed to the Ministers serving the cure at Kirkes, where there is no arrable land adjacent there unto, the number of foure Summes Grasse for every Acker, of foure Ackers of Gleybe, extending to sixteen summes Grasse, for the foure ackers of land, and that of the most commodi­ous and best pasturage of any Kirke landes, lying next adjacent, and most ewest to the Kirke: And ordained letters to be directed, for re­moving the possessours there from: in such like forme as against the possessours of Manss and Gleybes. And in respect that the Ministers Gleybes are Teynd-free, and that by consequence the summes Grasse aboue mentioned, designed in steade thereof, where no arrable land is adjacent unto Kirkes, ought likewise of all equitie and reason to be Teynd free, in respect the same is dedicated and appointed adpios usus.

HEERE FORE, Our sayd Soveraine LORD, with advise and consent of the whole Estates of this present Parliament, by the tenour hereof, declares, That the Ministers and Readers ought, and should pay no Teynd for their summes Grasse, designed unto them in place of their Gleybe, where no arrable landes are adjacent to Kirkes. And decernes and declares them to be free of their Teynds: and discharges them [Sim­pliciter] of all payment thereof, in all time comming.

ACT. XI.

OUR SOVERAINE LORD, and ESTATES of this present Parliament, ratifies, and approues the Act of Parliament made in the moneth of Junij, in the yeare of GOD one thousande, sixe hundreth, seaven­teene yeares, anent restitution of Chaptours of Cathedrall Kirkes, in all the Heads, Clauses, Exceptions, Limitations, and Restrictions thereof. And further, Ordaines, and declares, That all Deedes done since the date of the said Act, or to bee done hereafter, whereby any member of any Cathedrall Kirke, being an Office or Dig­nitie, hath, or shall be supprest, or any Land, Parsonage, Vicarage, or other Living, belonging to the said dignitie dissolved from the same, without an expresse warrand from his Maiestie, and consent of Parlia­ment: are, and shall bee, with all that haue followed, or shall follow thereupon, Null, and of no force, nor effect: and shall bee so founde in all time hereafter, by way of Action, exception, or replye. Providing alwayes the Marquesse of HAMILTON His right to the Parsonage of Hamilton and Dalsorffe: The Earle of MARRE His right to the Parso­nage of Carnwoth: and any other Parson having lawfull rights conforme to the Lawes of the countrey, before the Act of Parliament, in Anno one thousand, sixe hundreth, and seaventeene yeares, be no wayes hurt, or preiudged herein.

ACT. XII.

FOR AS MUCH As by divers Actes of Parliament it is statuted and ordained, That no person use Packing nor Peyling of Wooll, Hydes, nor Skinnes, losse nor layd out with Free Burrowes, and Priviledges of the same: Not­withstanding whereof, divers strangers, and other Inhabi­tantes, within this Realme, doe continually resort to the Yles, and other places thereabout, with their Shippes, Barkes, and Crears, and other Vessels: and doe not onely packe and peyle Skinnes and Hydes; but also doe transport from thence Butter, Tallone, and other forbidden Goods, to the great contempt of the said Lawes, and mani­fest defraud of our Soveraigne Lord his customes.

For remedie whereof, Our Soveraigne LORD, With advise and consent of the ESTATES of this present Parliament, statutes, and ordaines, that no strangers, nor Inhabitants within this Realme, take vpon hand to packe or peyle any Hydes or Skins in the said places of the Yles, out-with the Free Burrowes: nor that they transport, take away, or carrie forth of this countrey, any Butter, Tallone, or other forbidden Goods, under paine of tinsell and confiscation of the Hydes and Skinnes so packed and peyled by them: and of tinsell and confiscation of the shippe, and whole goods that the owner of the sayd forbidden goods hath within the same. AND ORDAINES The Shyreffes of the [Page] Shyres and their Deputies, and Over-Lordes, of the Landes where the sayde Skinnes and Hydes are packed, and peyled, or from whence the sayde forbidden goods are transported, To put this present Act to ex­ecution, as they will answere unto his Maiestie, upon their Office and Obedience.

ACT. XIII.

OUR SOVERAINE LORD, and ESTATES of Parliament, Understanding that there may sun­drye Protections bee sought by Banckruptes, and others, who are addebted in great summes of mo­ney: whereby the execution due unto the Credi­tor, by the Lawes of the countrey, against the Debtor, may bee frustrate, To the great dammage of the Creditour. FOR REMEDIE Whereof, IT IS Sta­tuted, and Ordained, That hereafter the Lordes of Session shall grant no protection from any Execution due and competent against any man of the Law. AND Declares, That if any shall bee hereafter graun­ted, the graunter of the same shall bee subiect and lyable of the Law to the Creditor for the summe, from the which hee hath granted pro­tection.

ACT. XIIII.

OUR SOVERAINE LORD, And ESTATES of Parliament, Considering the manifold evils and incon­veniences, which ensue upon Carding and Dycing, and Horse-races, which are now over-much frequented in this Countrey, to the great preiudice of the Lieges. And be­cause honest men ought not to expect that any winning had at any of the games aboue-written, can doe them good, or prospet; HAUE, therefore, statuted and ordained, That no man shall play at Cardes nor Dyce in any common-house, Towne, Hostelrie or Cookes houses, under the paine of fourtie pounds, money of this Realme: to be ex­acted of the keeper of the sayd Innes, or common houses, for the first fault: and losse of their liberties for the next. Moreover, That it shall not bee lawfull to play in any other private mans house, but where the Ma­ster of the family playeth himselfe. And if it shall happen any man to winne any summes of money, at Carding or Dycing, attour the summe of an hundreth Markes, within the space of twentie foure houres: or to gaine at Wagers upon Horse-races, any summe attour the sayd summe of an hundreth Markes; The super-plus shall bee consigned within twen­tie foure houres thereafter, in the handes of the Thesaurer for the Kirke, if it bee in Edinburgh: Or in the handes of such of the Kirke Session in the Countrey Parochines, as collectes and distributes money for the poore of the same. To bee imployed alwayes upon the poore of the Paroche, where such winning shall happen to fall out. And to the ef­fect, [Page 18] that either excesse in play may bee thus restrained: Or at the least, that excessiue winning may bee employed as sayde is. OUR Sove­raigne LORD, by Actes of his Supreame Court of Parliament, Giues full power, and commission, to the baylies and Magistrates of Burrowes, the Shyreffes and Justices of Peace, in the Countrey, to pursue, and con­veine all such persons, for all winning at Cardes, Dyce, and Horse ra­ces, which shall happen to bee made by any person, by and attour the sayde summe of an hundreth Markes, money aforesayde. And in case the Magistrate informed thereof refuse to pursue for the same, The partie informer shall haue action against the sayd Magistrate, for double the like summe: The one halfe whereof to bee given to the poore, and the other halfe to the partie informer,

ACT. XV.

OUR SOVERAIGNE LORD, and the ES­TATES of this present Parliament, Under­standing, That diverse beneficed persons, under the degree of Prealtes, haue taken occasion up­on an Act made in our late Parliament, holden at Edinburgh, the twentie eight day of Junij, one thousand, sixe hundreth, and seaventeene yeares, Intituled, Anent the setting of Tackes by Pre­lates, and other beneficed persons: To sette Tackes and Assedations of Landes and Teyndes of their sayde Benefices, or some partes and portions thereof, vnto diverse and sundry persons, for the sayde beneficed person his life time: and for the space of fiue yeares after his deceasse: without consent of the Patrone. Albeit the sayde Act of Parliament giveth no such libertie to anie beneficed persons, un­der the degree of a Prelate, to sette such Tackes. But onely decla­reth, for what spaces a Bishop or other Prelate, may sette: and for what spaces a beneficed man, under the degree of a Prelate, may set. Which was done by the ESTATES, to restrict the unbounded li­bertie used in setting of Tackes for many life-rents, and nineteene yeares. And the sayde declaration no wayes taketh away the lawfull solemni­ties, required to the setting of the sayde Tackes, either by consent of the Chaptour, or Patrone. Which still remaineth in the owne force, underogate. Otherwayes, it should bee lawfull for a Prelate to sette Ttckes for nineteene yeares, without consent of the Chaptour: which is altogether absurd.

And seeing by an expresse Act, made in our Soveraigne Lordes fourteenth Parliament, holden at Edinburgh, the eight day of Junij, 1594. IT IS found, and declared, That no beneficed man, under a Prelate, within this Realme, may in time thereafter, set longer Tackes of Teyndes, or other pertinents of their Benefice, without consent of their Patrones, but for the space of three yeares onely. Which Act standeth in full [Page] force, strength, and effect: and is no wayes annulled, nor taken away, by the sayd posterior Act aboue specified.

THEREFORE, His Majestie and Estates foresayd, for eschew­ing of all controversie that may arise vpon the sayd last Act, Declares, That the sayd last Act makes no derogation unto the sayd first Act: And that all Tackes set by beneficed persons vnder the degree of Pre­lates, since the sayd eight day of Iunij, 1594. of any part of their sayd benefices, longer then for the sayd space of three yeares, without consent of their patrones, are null, and of none avayle, conforme vnto the sayd first Act aboue specified.

ACT. XVI.

OUR SOVERAINE LORD, and ESTATES of Parliament, considering, That by the Act of Parlia­ment holden in Iunij, 1617. there was a Commission granted unto certaine persons therein nominate, for appoynting and establishing a constant Mette and Mea­sure, for buying and selling of Victuall within this Realme. Which Commissioners gaue out their sentence and determi­nation, declaring the Measure and Furlot of Linlithgow, to bee the just and onely Furlot, which should bee vsed by all Maiesties Lieges, in buying and selling of Victuall. Notwithstanding whereof, there are many and great abuses committed in this kingdome, contrarie to the sayd Act and determination of the sayd Commissioners: To the pre­iudice of His Maiesties Lieges.

FOR remeide whereof, His Maiestie, and Estates foresayd, haue ratified, and approved: and by the tennor hereof, ratifies, approues, and confirmes, the Act and Statute [respective] aboue written, in the whole Heads and Conditions of the same: after the forme and tennour thereof. And commaunds, and charges, all his Maiesties Liegas, and subiectes, To acknowledge, imbrace, obey, and obserue the same Act and statute, [respective] in the whole heads and conditions of the same, in forme and manner specially and particularly mentioned and set downe thereintill, after the formes and tenours thereof, vnder all highest paine, charge, and offence, which they may incurre, through their disobedience, and as they will be answerable thereanent.

ACT. XVII.

OUR SOVERAINE LORD, and ESTATES of Parliament, Understanding of the sraude, and frequent abuse, committed by many of His Maiesties subiectes, Buyers and Blockers of Victuall: who knowing that there are constant and setled measures, lawfully establi­shed, by the Lawes and statutes of this Kingdome: By the which all sortes of Victuall universally ought to be bought and sold, according to the quantitie appointed by the sayd mettes, without ad­ding [Page 19] of any quantitie to the same, or diminishing there-from. Yet not the lesse, when they make their bargaines and conditions anent the buy­ing of any particular quantitie of Victuall, they by their vndirect dealing, many times cause the Seller agree to super-adde, and deliver vnto them, by and attour the true quantitie which is bought and sold at the pryces conveined vpon, some certaine farder quantitie of Victuall, lesse or more, as they may best moue the seller to condiscend to, and for the which they are not subiect in payment of any price, to the great preiudice of the Lie­ges and the manifest abuse and elusion of the Law.

FOR REMEIDE Whereof, It is statuted and ordained, That it shall not be lawfull for any of his maiesties subiectes, to blocke, or agree, vpon the price of Victuall, more or lesse, except they first agree and condiscend vpon the price of the first boll of the bargaine: which being so agreed vpon, the said price shall rule the whole quantitie of the rest of the bolles to be received by the buyer, who shall haue no eik, or addition of any further quantitie, except vpon the payment of that same price, as is conditioned for the said first boll: And if any person con­traveine this present Act, hee shall pay the summe of Fourtie shillings for everie boll of Victuall received by him contrarie to the tenour of this Act: and that by and beside the prices of the victuall: the halfe of the said summe to his Maiestie and his Thefaurer, and the other halfe there­of to the partie delator of the same.

ACT. XVIII.

OUR SOVERAINE LORD, with advise and consent of the ESTATES, convened in this pre­sent Parliament, ratifies, approues, and for his High­nesse, and His Successours, perpetually confirmes the Act of the Lords of Counsell and Session, made against Dyvours and banckrupts, at Edinburgh, the 12. daye of Julie, 1620. and ordaines the same to haue, and take full effect, and execution, as a necessarie and profitable Law, for the weale of all his Highnesse Subiectes, Of the which Act the tenor followeth.

THE LORDES Of Counsell and Session vn­derstanding, by the grievous and iust complaints of many of his maiesties good subiects, that the fraude, malice, and falshood of a number of Divours and bankrupts, is become so frequent, and ayowed, and hath already taken such pro­gresse, to the over-throw of many honest mens fortunes, and estates, that it is likely to dissolue trust, commerce, and faithfull dealing amongst [Page] Subiectes: Whereupon must ensue the ruine of the whole Estate, if the godlesse deceites of those bee not prevented, and remedied; who by their apparent Wealth in Landes and Goodes, and by their showe of Con­science, Credite, and Honestie; drawing into their hands upon trust the Money, Merchandize, and Goods, of well-meaning and credulous per­sons, doe no wayes intend to repay the same: but either to liue rye­tously, by wasting of other mens substance: or to enrich themselues, by that subtill stealth of true mens goods, and to withdraw themselues, and their goods, foorth of this Realme, to elude all execution of Justice: And to that effect, and in manifest defraud of their Creditors, doe make simulate and fraudfull alienations, dispositions, and other securities, of their Landes, Reversions, Teyndes, Goods, Actions, Debts, and others, belonging unto them, to their wiues, children, Kinsmen, alleyes, and other confident and interposed persons: without any true, lawfull, or ne­cessarie cause: and without any iust or true price interveining in their sayd bargaines: Whereby their iust Creditors, and Cautioners, are falsly and godlesly defrauded of all payment of their iust debts: and many honest Families likely to come to utter ruine.

FOR remedie whereof, the sayde LORDES, according to the power given unto them by His Maiestie, and His most Noble Proge­nitors, to set downe Orders for administration of Justice: meaning to fol­low and practise the good and commendable Lawes, Civill and Canon, made against fraudfull alienations, in preiudice of creditors, and against the atuhors and partakers of such fraude; Statutes, ordaines, and de­clares, That in all actions, and causes, depending, or to bee intended by any true creditor, for recoverie of his iust debt, or satisfaction of his lawfull action and right: They will, decreete, and decerne, all alienations, dispositions, assignations, and translations whatsoever, made by the deb­tor, of any of his landes, teyndes, reversions, actions, debtes, or goods whatsoever, to any coniunct or confident person, without true, iust and necessarie causes, and without a inst price really payed, the same beeing done after the contracting of lawfull debts from true creditors: To haue beene from the beginning, and to bee in all times comming, Null, and of none availe, force, nor effect: at the instance of the true and iust cre­ditor, by way of action, exception, or reply: without further declara­tor. And in case any of His Maiesties good subiectes (no wayes par­takers of the sayde fraudes) haue lawfully purchased any of the sayde Bankruptes landes, or goods, by true bargaines, for iust and competent pryces, or in satisfaction of their lawfull debts, from the interposed per­sons, trusted by the sayd dyvours. In that case, the right lawfully ac­quired by him who is no wayes partaker of the fraude, shall not be anul­led in manner foresayd. But the receiver of the pryce of the sayde lands, goods, and others, from the buyer, shall be holden and oblished to make the same forth-comming to the behooue of the bankruptes true creditors, in payment of their lawfull debtes. And it shall bee sufficient probation of the fraud intended against the creditors, if they, or any of them, shall bee able to verifie by writte, or by oath, of the partie recei­ver of any securitie from the divour or bankrupt, that the same was made without any true, iust, and necessarie cause, or without any true and competent price: Or that the landes and goods of the dyvour and [Page 20] banckrupt beeing sold by him who bought them from the sayd dyvour, the whole, or the most part of the price thereof was converted, or to bee converted to the bankruptes profite and use. Providing alwayes, that so much of the sayd landes and goodes, or prices thereof so trusted by bankrupts to interposed persons, as hath beene really payd, or assig­ned by them to any of the bankruptes lawfull creditors, shall be allowed unto them, they making the rest forth-comming to the remanent credi­tors, who want their due paymentes. And if in time comming any of the sayde dyvours, or their interposed partakers of their fraude, shall make any voluntarie payment, or right, to any person, in defraude of the lawfull, and more timely diligence of another creditor, having ser­ved Inhibition, or used horning, arrestment, comprizing, or other law­full meane, duely to affect the dyvours landes, or goods, or price there­of to his behooue. In that case the sayd dyvour, or interposed per­son, shall bee holden to make the same forth-comming to the creditor, having used his first lawfull diligence: who shall likewise bee preferred to the concreditor, who being posterior unto him in diligence, hath ob­tayned payment by partiall favour of the debtor, or of his interposed confident: and shall haue good action to recover from the sayde cre­ditor that which was voluntarily payed in defraude of the pursuers di­ligence.

Finally, THE LORDES declares all such banckruptes, and dy­vours, and all interposed persons, for covering or executing their frauds, and all others, who shall giue counsell, and wilfull assistance unto the sayd banckruptes, in the devising and practising of their sayde fraudes, and godlesse deceites, to the prejudice of their true creditors, shall bee re­puted and holden dishonest, false, and infamous persons, incapable of all honours, dignities, benefices, and offices: Or to passe vpon Inquestes, or Assyses: Or to beare witnesse in Iudgement, or out-with in any times comming.

ACT. XIX.

OUR SOVERAIGNE LORD, With ad­vise and consent of the ESTATES of Parlia­ment, Having considered the Act and Ordinance of Secret Councell, made anent pryces, set downe to bee taken by all Writers, Clerkes. Keepers of Seales, and others, particularly expressed in the sayde Act. Which is of the date at Edinburgh, the fourth daye of Februarie, one thousand, sixe hundreth, and sixe yeares, Hath ratified and con­firmed the same, in every poynt and Article thereof. Which all and sun­dry the premisses, Our Soveraine Lord, with advise and consent foresayd, ratifieth, and approveth, in all poyntes, in manner as the same proportes: and giues unto them the strength of Lawes, and Actes of Parliament: and ordaines execution to passe vpon the same as effeires.

ACT. XX.

OUR SOVERAINE LORD, and ESTATES of Parliament, considering the great prejudice which diverse of His Maiesties Lieges sustayne by the want of their money, lent and given foorth up­on Band, or Contract, or other wayes iustly owing unto them, by their Debtors: who having used all Execution competent to them by Lawe, against their debtors, by charging, and putting of them to Horne: are forced, after many yeares, to receiue their principall summe, and penaltie, without any satisfaction of their annuell-rent, and in­teresse of their money in the meane time. Which, as it is a preiudice vnto the true Creditors: so it is an occasion to the debtors to contemne His Maiesties charges, and Letters of Horning: who resolue in end to pay no more for reliefe of the Horning, after many yeares delay, than they were oblished unto at the beginning.

FOR remeide whereof, His Maiestie, with advise and consent of the Estates of Parliament, statuteth and ordayneth, That whensoever any person is denounced Rebell, and put to the Horne, for not payment of summes of money, owing by him, by band, contract, or otherwayes: That after the sayd denunciation, the sayde person so denounced, shall bee subiect in payment of of Annuell-rent for the sayd summes for the which hee is put to the Horne, and that of all yeares and tearmes from the date of the sayde denounciation, unto the time of the payment of the same: and that notwithstanding there bee no paction, nor condition of annuell-rent made betwixt the sayd parties, which may binde the sayd partie who is denounced rebell, unto the payment thereof. And such persons as are now standing rebels, and at the Horne, This Act shall not worke against them, (quo ad praeterita,) But shall haue strength and force against them in time comming, From the Feast of Martinmesse next in this instant yeare of GOD, one thousand, sixe hundreth, twentie and [Page 28] one yeares: and they shall begin to bee subiect in payment of annuell­rent at that time, and yearly and tearmly thereafter, untill the payment of the principal summe.

ACT. XXI.

OUR SOVERAINE LORD, And ES­TATES of Parliament, understanding the great straytes and necessities, whereunto to poore La­bourers of the Ground are driven, and constray­ned: Especially by the fraud and malice of Ser­vants, who eyther refuse to be hyred, without great and extraordinarie Wages promised unto them: Or otherwayes hyre themselues onely from Mar­tinmesse to Whitsonday: after the which Tearme of Whitsonday, they cast themselues lowse, of purpose and intention, to make their gayne and advantage by the extraordinary workes which be­fall in that season, betwixt Whitsonday and Martinmesse: such as casting and winning of Peats, Turfs, Fewell, Divots, building of Fold dykes, shea­ring in the harvest. For doing whereof they know the sayd Husband-men, who haue necessarily adoe therewith, will be forced to hyre them at daylie and weekly wages, and such high rate as they please, to the great harme of the Labourers of the Ground, and all his Maiesties subiects.

FOR remeide whereof it is statuted, and ordayned, That it shall not be lawfull for any hyred servant, from Martinmesse to Whitsonday, To leaue his Master at the sayd Tearme of Whitsonday, and to runne lowse in that service: Except hee bee able to verifie to the Justice of Peace, or Constable of the boundes, That hee is hyred unto another Master, from the sayd Feast of Whitsonday to Martinmesse thereafter. And if it be found, that he is not hyred to another Master: Then, and in that case, it is declared. That it shall be lawfull unto his present master to keepe, and detayne him, from the sayd Feast of Whitsonday, unto Martinmesse, for payment to him of such Wages as hee payed unto him of before. And if he refuse to serue, that the Justice of Peace shall haue power to com­pell him thereunto. And if the sayde servant of the qualitie foresayde, breake lowse from his Master, It shall bee lawfull for his Master to take and apprehend him, wheresoever hee findeth him, and present him unto the Constable, or Justice of Peace, upon the ground where he shall be found; who shall haue power to compell the Servant to returne unto his former Master, (if it be found that he be Masterlesse, and none otherwayes)

AND such like, His Maiestie, and Estates, findes, and de­clares, That it shall be lawfull unto all His Maiesties Lieges, who haue necessarie adoe with Labour, To take, apprehende, and employ, in their Works, whatsoever lowse and Masterlesse Men, and Women, whom they shall find within their owne Bounds. And suchlike, that the Justices of Peace, and Constable, shall haue power, at the instance and desire of whatsoever person His Maiesties Lieges, to force, and compell all, and whatsoever lowse Men and Women, to serue for competent hyre and Wages.

ACT. XXII.

FOR Eschewing the danger wherein many of His Majesties Lieges stand, by counterfeyting and falsify­ing of Evidents: IT IS statuted, and Ordayned, That whosoever maketh and useth a false Writ, or is accessorie to the making thereof, shall bee punished shith the paynes due unto committers of false-hood. AND it shall not be lawfull for any person, counter­feyter, falsifier, or accessorie, whatsoever, to declare in judgement, that he passeth from the Writ quarrelled of falsehood. But if after the tryall, the Writ quarrelled be found false, the passing from, or de­claration of the party, that hee will not use the same, shall no wayes free him from the punishment which is due unto those who commit falshood.

ACT. XXIII.

OUR SOVERAINE LORD, and ESTATES of this present Parliament, considering the com­plaint made by the Barrons, Shyreffes, Stewardes, Baylies, and other Free-holders within this King­dome, concerning the danger which all our Sove­raine Lords Lieges doe daylie under-lye, for having transgressed penall Statutes, which haue a Pecuniall, or arbitrarie payne adjected thereunto: And the great hurt and prejudice sustayned, by granting Commissions unto private persons, for execution of the same statutes, which haue been used amongst the common people, at sundry times, with intollerable rigour, and exacti­on, of before: HAUE discharged, freely pardoned, and remitted: DIS­CHARGES, freely pardons and remits, all contraveners of any of the sayd penall statutes, for all deeds done by them contrary to the tenor of the same statutes, in times by-gone. Except onely the statutes concerning wearing and bearing of Hagbuts and Pistolets: Taking of unlawfull usu­rie: Transporting of Money and Gold: And slaying of red and black Fish: Which are no wayes discharged by this present Statute, nor comprehen­ded hereintill.

AS ALSO, Our sayd Soveraine Lord, with advise and consent of the sayd Estates, Statutes, and declares, That hereafter Commission for putting of penall Statutes to execution, shall onely bee granted to honest men, of good qualitie: who shall be sufficiently authorized by the Lords of Secret Counsell, for discharging of their Office. And absolutely dischar­ges in time comming, James Cranston, his Deputies, or Officers, to call, or conveine any person or persons, for slaying of red or blacke Fish. And from henceforth declares, The power of his Commission granted unto him to that effect, to be quite extinguished, and abolished.

ACT. XXIIII.

OUR SOVERAINE LORD, and ESTATES of Parliament, understanding, That there are sundry Infeftments, and other Writtes, which passe his High­nesse Great Seale, That in time by gone, after the ex­peading thereof, and appending of the Seale thereunto: Haue, through the over-sight, and negligence of the Re­ceivers thereof, in the not returning of the same to the Director of His Highnesse Chancellarie, and his Deputies, Been omitted, to be registra­ted, in their Bookes, and Registers appoynted for that effect And consi­dering, that the not registration of the same Infeftments and Writs, ten­deth to the great hurt and prejudice of the persons unto whom the same are gramed, and pertaine.

THEREFORE, Our sayde Soveraine Lord, and Estates of Par­liament, for remeide hereof, statutes and ordaynes, THAT in time comming, when any Infeftment, or other Writ, or Evident, which pas­seth his Highnesse Great Seale, shall bee formed and written by the Di­rector of his Highnesse Chancellarie, or his Deputies. The same after the writing thereof, shall bee delivered by them unto the partie, In-giver of the sayd Infeftments, or other Writtes foresayd: To the effect he may get His Highnesse Great Seale thereunto appended. At the deliverie whereof, the partie receiver of the same, shall onely be holden and astri­cted to pay at that time to the Director of the Chancellarie, or his De­putes, That one halfe of the pryces allowed unto him by the Booke of Rates for writing of Evidents to the great Seale: And that onely in con­sideration of the paynes taken in forming and writing of the sayd Writs and Evidents, without paying before hand, the other halfe of the sayd pry­ces, which hereby is appoynted to bee reserved unpayed while the same bee registrat in maner after mentioned. Which Infeftments and Evidents being delivered to the Keeper of the great Seale, and hee having appen­ded the same Seale thereto, and being satisfied of the price due to him therefore: Ordaynes the Keeper of the Great Seale, to returne and rede­liver the same Infeftment, or other Writ foresayd, so sealed by him backe againe, to the Director of His Highnesse Chancellarie, or his De­puties: To the effect the same Infeftments, Evidents, or other Writs foresayd, may bee registrated by him in the Registers, and Bookes ap­poynted for that effect. Which being so registrated, Ordaines the Dire­ctor of His Highnesse Chancellarie, and his Deputies: to deliver the same to the partie: Hee being satisfied of the other halfe of the pryce foresayd, retayned by the partie, and unpayed by him, at the time of the writing of the sayd Evidents to the Great Seale, as due for the registration thereof, in manner aboue-written.

AND ALSO, Our sayde Soveraine Lord, statutes and or­daynes, all, and whatsoever persons, who haue any Infeftments, Writs, or Securities, graunted unto them, and already past the Great Seale, and which are not as yet registrated, to returne the same back againe, unto [Page] the Director of His Highnesse Chancellarie, within the space of a yeare after the publication of this present Act. To the effect the sayd Infeft­ments, and Writs, may be registrated by the sayd Director of His High­nesse Chancellarie, and his Deputies: and that (gratis) and without any payment to be given unto him therefore.

ACT. XXV.

OUR SOVERAINE LORD, and ESTATES Of Parliament, Conside­ring the great hurt comming unto this Countrey, by the superfluous usage of unnecessarie sumptuousnesse in Meat, Ap­parrell, and otherwayes: and that by all sortes of people, promiscuously, without distinction of persons, of rankes or quali­tie. For repressing of the sayd abuse in time comming, Doe statute and Or­dayne, THAT None of Our Sove­raine Lords Lieges, of whatsoever quali­tie or degree, shall weare any cloathing of Golde or Silver Cloathe, or any Gold or Silver Lace upon their Ap­parels, or any part of their Bodies hereafter. And that no manner of person shall haue any Apparrell of Velvet, Sattin, or other stuffes of silke, except Noble men, Lords of Parliament, Praelates, His Maiesties Coun­sellers, Lords of Session, Barrons, of qualitie, having of free yearly rent fourescore Chalders Victuall, or sixe thousand Markes of silver: and the Provests of the principall Burrowes, within this kingdome, or those who haue beene Provests: with such also as shall happen to be, or haue been, Provests, Baylies, Deane of Guilde, and Theasaurer, within the Towne of Edinburgh: Excepting also Rectors of Universities.

AND IT IS statuted, and ordayned, That these persons which are permitted to weare the sayde apparelling of Silke, shall no wayes haue Embrdring, or any Lace or Passements upon their cloathes: ex­cept onely a plaine Welting Lace of Silke upon the seames, or borders of their cloathes: with Belts, and Hat-bands embrodred with silke: and such like, That the sayde apparell of silke bee no wayes cut out upon other stuffes of silke: except upon a single Taffatie. AND, that the Wiues of the sayd priviledged persons, their eldest sonnes, and eldest daughters, unmarried, and the children of all Noble Men, be licentiate to weare their apparell in manner aforesayd onely, under the payne of thousand pounds, (Toties, quoties.)

ITEM, That no person, of whatsoever degree, shall haue Pear­ling, or Ribbening vpon their Ruffes, Sarkes, Napkins, and Sockes: Except the persons before priviledged. And the Pearling and Ribbe­ning to be so worne by them, (if any be) to be of those made within the Kingdome of SCOTLAND, under the payne of an hundreth poundes, (toties, quoties.)

3. ITEM, That none weare upon their Heads, or Buskings, any Fea­thers. And notwithstanding, it is permitted, That any person may weare Chaines, or other Gold-smiths worke, having no stones, nor pearles, with­in the same. And that no person weare any pearles, nor precious stones: Except the persons before priviledged: under the payne of a thousand Markes, to be payed by the contraveners, (totiies, quoties.)

4. And it is statuted, That no person, nor persons, (Except the privi­ledged persons foresayd) weare Launes, or Cambricke. And that no person whatsoever weare upon their Bodies, Tiffinies, Cobwebbe-Launes, or Slyres, under the paine of an hundreth poundes, (toties, quoties)

5. Neverthelesse, The Kings Maiesties, Prince, and their ordinarie House-holde servants, are exeemed from this Act, and all the clauses thereof.

6. It is moreover statuted, That no servants, Men or Women, weare any cloathing, except those that are made of Cloath, Fusteans, Canves, or stuffes, made in the countrey. And that they shall haue no silke upon their cloathes: Except silke Buttones, and Button holes: and silke Gar­ters, without pearling, or roses, under the paine of an hundreth Markes, (toties, quoties.)

7. It is rlwayes declared, That it may be lawfull for them to weare their Masters, or Mistresses old cloathes.

8. It is hereby ordayned, That no cloathes bee guilded with Gold.

9. It is also declared, That Heraults, Pursevants, and likewise Trumpet­ters, be exeemed from this Act.

10. Item, it is such like statuted, That Minstrels be exeemed.

11. IT IS farther statuted, That none, except the priviledged per­sons foresayd, use Damaske Naprie, brought from beyond sea, under the paine of an hundreth pounds, (toties, quoties

12. IT IS likewise statute, that no moe deule weedes bee made at the death of any Earle, or Countesse, but twentie foure at the most: Or for ane Lord of Parliament, or ane Lords wife, but sixteene onely and for all other priviledged persons before named, twelue at the most: And that none (except the priviledged persons) haue any honours caryed, and these according to their qualities; and that no deule weeds be given to Heraulds, Trumpetters, or Saullies, Except by the Earles and Lords, and their wines. And the number of the Saullies to be according to the number of the deule weedes, under the payne of ane thousand pounds, (toties, quoties.)

13. IT IS statuted, That the fashion of Cloathes now pre­sently used, not to bee chaunged by Men or Women, and the wearers thereof: under the payne of forfaultrie of the cloathes, and of an hundreth [Page] pounds, to be payd by the wearers, and as much by the makers of the sayd cloathes, (toties, quoties.)

14. It is ordayned, That no Castor Hats bee used nor worne, but by the priviledged persons: under the payne of an hundreth poundes, (toties, quoties.)

15. It is further inacted, That no cloathes shall bee made after the publication of the Act, but according to the manner and condition be­fore expreemed. And that none of the former discharged Cloathing bee worne by no person after Martinmesse, the yeare of GOD, one thou­sande, sixe hundreth, twentie, and three yeares: under the paynes [respective] aboue set downe, (toties, quoties.

16. ITEM, It is ordayned, That the Husband-men, and Labourers of the Ground, weare no cloathing, but Grayes, White, Blew, and selfe Blacke Cloath, made in SCOTLAND: And that their Wiues and Children weare the like: under the payne of fourtie poundes, (toties, quoties.)

17. IT IS Further statuted and ordayned, That no person use any manner of Desert of Wette and dry Confections, at Banquetting, Mar­riages, Baptismes, Feastings, or any Meales: Except the Fruites growing in SCOTLAND: As also Figs, Raisins, Plumbe-damies, Almondes, and other unconfected Fruites: under the paine of a thousand Markes, (toties, quoties.) Excepting such like the use of the foresayde for­bidden confections to bee lawfull for the entertaynment of his Ma­jestie, Prince, and their Traynes, being within the countrey, and for Am­bassadours, or strangers of great qualitie.

18. And it is statuted moreover, That no person, of whatsoever qualitie, use any Feasting at Burials, or offer of other Meats, except bread and drinke. As likewise, no person use any eating or drinking at Night-wakings, or Lieke-wakes: under the payne of a thousand Markes. (toties, quoties.)

ACT. XXVI.

OUR SOVERAINE LORD, and ESTATES of this present Parliament, considering, that sundry per­sons of meane qualitie, acquire unto themselues the heretable right of sundry ruinous Lands, and Wastes, within the Towne of Edinburgh. And for want of meanes to build the same sufficiently, thaickes the same with Strawe, and Deales, Whereby the Landes next adjacent un­to the same, builded upon the great charges and expences of the he­retors, are oftentimes brought in great hazard, and sometime to decay, in time of sudden Fyre. THEREFORE, and for further decoration [Page 31] of the sayde Burgh, beeing the Head-burgh of this Realme, Our Sove­raine Lord, with consent of the sayde Estates, statutes and ordaynes, That in all time to come, no manner of person, nor persones, shall bee suffered, or permitted to builde any houses within the sayde Burgh of Edinburgh: But such as shall be covered with Sklaite, or Skallie, Lead, Tylde, or Thacke-stone. AND also, statutes, and ordaynes, That the heretors of such houses as are already thaicked with Thack and Straw, (if the same Thacke, and Straw Roofs, shall hereafter at any time become ruinous) shall bee astricted to thicke the same againe with Sklaite, or Skaillie, Lead, Tylde, or Thacke-stone. AND, Ordaynes, Letters of Horning to be directed hereupon, against the heretors of the sayd lands, in forme as effeires. AND such like, Ordaines the Provest and Bayllies of the sayd Burgh, To put this Act to Execution.

ACT. XXVII.

OUR SOVERAINE LORD, And ESTATES of this present Parliament, Ratifies, approves, and con­firmes, the 106. Act of the seaventh Parliament of King JAMES the fifth, of worthy memory: Intituled, The Creditor may pursue him, who is charged to enter, and entreth not, in all the Heads, Articles, and Clauses thereof. With the addition and explanation following: THAT the same shall bee extended vnto Debts owing by any person himselfe, as well as to those which are addebted by his predecessors. For the which debt, it shall bee as lawfull for a Creditor, to charge any person to enter Heyre to his predecessor, and with the like certification, as if the prede­cessor had been debtor thereintill. Whereupon comprising may follow in manner specified, in the sayd Act.

ACT. XXVIII.

OUR SOVERAINE LORD, and ESTATES of this present parliament, considering, that notwith­standing usurie, and taking unlawfull Annuell, more than ten for each hundreth, hath been by sundry Actes of before discharged, and forbidden: Yet it hath been usuall, by an evill and corrupt custome, to take, or re­tayne, the Annuell-rent, the time of the borrowing the Money: Which in effect is eleven of each hundreth, at least. FOR Avoyding whereof, statutes, and ordaines, That no person, who lendes, or giues out Money, and receiues Annuell therefore, shall retayne the time of the lending, exact, craue, or receiue, from their Debtors, the An­nuell of their lent summes, untill the tearme of payment appoynted by their Bandes, bee first come. And it shall bee lawfull, at the time of [Page] lending of Money, and making of Bands, to adde the annuell unto the principall summe: providing alwayes, neither principall nor annuell be exacted, or craved, before the tearme of payment appoynted to the sayde Band. And the contraveners of this present statute shall be punished as unlawfull usurers.

ACT. XXIX.

OUR SOVERAINE LORD, With advise and consent of the ESTATES of this pre­sent Parliament, By the Tenor hereof, Ratifies, Ap­proues, and confirmes, The Act of Secret Coun­sell, of the date the seaventeenth day of Februarie, one thousand, sixe hundreth, and eighteene yeares: Made, and set downe, by his Majestie, with con­sent of the Lordes of His Highnesse Secret Coun­sell, against the Backsters, Browsters, Fleshers, Candle-makers, and others therein contayned, In-dwellers within Edinburgh: With the publication and proclamation following thereupon, In all and sundry heads, poynts, passages, circumstances, and others, specified there-intill: conforme to the Tenor thereof, in all poynts. AND Willes, and Declares, The same to haue beene, in all time by-gone, since the making and publication thereof: And to bee, and stand, in all time comming, good, valiable, and effectuall in the sellfe: and to haue the due, benefite, and execution there­of, conforme thereunto: Against all who haue transgressed: or shall happen to transgresse, and contraveine the Tenor of the same. Where­of the Tenor followeth:

ACT. XXX.

OUR SOVERAINE LORD, with Advise and Consent of the ESTATES of Parliament, Considering the great abuse and libertie, which hath beene used these diverse yeares by gone, by the Subiectes of this Realme, in buying and sel­ling of wylde Fowles, of the particular spaces fol­lowing: to wit, Of Pouttes, Partrickes, Maire­fowles, Blacke-cockes, Gray hennes, Termigantes, Quayllies, Caperkayllies, &c. For restrayning of which abuse in time comming, Our Soveraine Lord, with advise and consent foresayd, statutes and ordaynes, That no person whatsoever within this Realme, presume, nor take upon hand, to buy nor sell, at any time hereafter, any Wylde fowles of the spaces foresayd: under the payne of an hundreth pounds money to be incurred by the contravener thereof, buyer or seller. AND Ordaynes this present Act to haue the strength and force of an Act of parliament, to be inviolably observed in all time hereafter, after, aye, and while the same be lawfully discharged, or altered.

ACT. XXXI.

OUR SOVERAINE LORD, And ESTATES of this present Parliament, statutes and ordaines, That no man Hunt nor Haulke at anytime hereafter, who hath not a Plough of land in Heritage: under the payne of an hundreth pounds. ORDAINES His Maiestie to haue the one halfe of the pe­naltie of the Contraveners of this present Act: and the Dilator to haue the other halfe of the sayd penaltie.

ACT. XXXII.

OUR SOVERAINE LORD, And ESTATES of this present parliament, Ratifice, and Approues the Act of parliament, made by King JAMES the Third, of worthy memorie, in the seaventh parliament anent the unlaw of stealing of Haulkes, Houndes, Partrickes, and Duickes: in all and sundry poynts, heads, articles, and clauses thereof. With this addition, That the payne and penaultie of ten pounds therein contayned: SHALL BEE Now in all time com­ming augmented against the contraveners of the sayd Act: under the payne of an hundreth pounds money of this Realme AND ALSO, ratifies, ratifies, and approves, all Actes of parliament, made of before by His Maiesties most Noble progenitours, anent the slaying and hunting of Hares, Does, and Rhoes in time of snow: And statutes, and ordaynes, the paine and penaltie against the contraveners thereof: to be vnder the paine of an hundreth pounds money, (toties, quooies) as they shall happen to con­travene the same. And ordaynes the one halfe of the payne to be in­curred by the contraveners of this present Act, to bee given to His Ma­iestie: and the other halfe to the persons Dilators of the contraveners of the same.

ACT. XXXIII.

FOR AS MUCH, As in this present Session of Parlia­ment, there are many Ratifications and Actes, in favoures of particular persons past: wherein diverse and new Clauses are insert, which may be preiudiciall to particular parties rights, and derogatiue unto many and sundry Lawes lawfully made, and established of before: albeit the meaning of the Estates be at this time, as it was ever in all preceeding parliaments, That by no Act of Ratificati­on, or Act granted unto any particular person, any other partie should bee hurt or prejudged. For remeid whereof, it is statuted and ordayned, That no Ratification, nor other Act, made in favours of any particular person, shall bee preiudiciall to any private parties right: But that the sayd Ratifi­cations and Acts, made in favours of particular persons, bee alwayes un­derstood, SALVO JURE CUJUSLIBET.