ACTS
PAST
AND
DONE
IN
THIS
PRESENT
Session
of
PARLIAMENT
,
the
eleventh
of
June
1640.
ACT
I.
ACT
ANENT
THE
CHOOSING
OF
Robert
Lord
Burghlie
to
be
President
in
this
Court
and
Session
of
Parliament
,
in
respect
of
the
absence
of
the
Kings
Commissioner
.
THE
Estates
of
Parliament
presently
conveened
by
His
Majesties
speciall
authoritie
,
Considering
,
that
in
respect
of
the
absence
of
His
Majesties
Commissioner
,
they
are
necessitate
to
make
choyse
of
one
of
their
number
to
be
President
in
this
present
Session
of
Parliament
,
And
understanding
the
sufficiencie
of
Robert
Lord
Burghlie
for
that
charge
,
They
all
in
one
voice
,
with
one
consent
,
did
nominate
,
elect
and
choose
the
said
Robert
Lord
Burghlie
,
to
bee
President
,
and
to
proceed
in
this
present
Session
and
Court
of
Parliament
,
for
discussing
and
handling
of
the
matters
to
be
determinat
thereintill
.
ACT
II.
ACT
ANENT
THE
CONSTITUTION
Of
the
Parliament
,
and
all
subsequent
Parliaments
.
THE
Estates
of
Parliament
presently
conveened
by
His
Majesties
speciall
authoritie
,
Considering
that
this
present
Parliament
was
indicted
by
His
Majestie
,
for
ratifying
of
such
Acts
as
should
be
concluded
in
the
late
Assemblie
of
the
Kirk
,
for
determining
all
Civill
matters
,
and
setling
all
such
things
as
may
conduce
to
the
publick
good
,
and
peace
of
this
Kirk
and
Kingdome
,
And
considering
the
severall
complaints
of
this
Kirk
unto
Parliaments
from
time
to
time
,
proceeding
from
her
continuall
experience
of
prejudice
and
ruine
,
through
many
persons
,
and
specially
of
Prelates
their
attempting
to
voyce
or
do
any
thing
in
name
of
the
Kirk
,
without
either
bearing
Office
in
the
Kirk
,
or
having
commission
from
the
Kirk
,
And
the
Acts
of
the
late
Generall
Assemblie
,
condemning
the
office
of
Bishops
,
Archbishops
,
and
other
Prelates
,
and
the
civil
places
and
power
of
Kirkmen
,
as
their
voycing
and
ryding
in
Parliament
;
and
craving
the
abolishing
of
these
Acts
of
Parliament
,
which
grants
to
the
Kirk
or
Kirkmen
vote
in
Parliament
,
to
be
abrogate
,
as
prejudiciall
to
her
Liberties
,
and
incompatible
with
her
spirituall
nature
;
Considering
also
that
there
are
conveened
in
this
present
Parliament
,
by
His
Majesties
speciall
indiction
,
warrant
,
and
authoritie
,
the
Nobilitie
,
Barons
,
and
Burgesses
,
the
Estates
of
this
Kingdome
,
who
have
a
full
and
undoubted
power
to
proceed
and
determine
in
all
matters
concerning
the
publick
good
of
this
Kingdome
,
and
that
notwithstanding
of
the
absence
of
the
Prelates
,
who
by
former
Lawes
were
appointed
to
bee
members
of
Parliament
;
And
to
the
effect
none
presume
to
move
any
question
there
anent
,
The
saids
Estates
now
conveened
,
as
said
is
,
have
declared
,
and
by
these
presents
declares
this
present
Parliament
holden
by
the
Nobilitie
,
Barons
,
and
Burgesses
,
and
their
Commissioners
;
the
true
Estates
of
this
Kingdome
,
to
be
a
complete
and
perfect
Parliament
,
and
to
have
the
famine
power
,
authority
and
jurisdiction
,
as
absolutely
and
fully
,
as
any
Parliament
formerly
hath
had
within
this
Kingdome
in
time
by-gone
;
And
ordaines
all
Parliaments
hereafter
,
to
be
so
constitute
,
and
to
consist
onely
in
all
time
comming
,
of
the
Noblemen
,
Barons
,
and
Burgesses
,
as
the
members
and
three
Estates
of
Parliament
:
And
rescindes
and
annulls
all
former
Lawes
&
Acts
of
Parliament
,
made
in
favours
of
whatsoever
Bishops
,
Archbishops
,
Abbots
,
Pryors
,
or
other
Prelates
or
Churchmen
whatsoever
,
for
their
ryding
,
sitting
,
or
voycing
in
Parliament
,
either
as
Churchmen
,
or
the
Clergie
,
or
in
name
of
the
Church
,
or
as
representing
the
Church
,
as
an
State
or
member
of
Parliament
,
by
reason
of
their
Ecclesiasticall
Offices
,
Titles
,
Dignities
,
or
Benefices
,
and
namely
,
the
231.
Act
,
Parl.
15.
K.
Ja.
6.1597
.
anent
the
Kirk
,
and
specially
parsons
and
prelates
,
representing
the
third
Estate
,
and
the
2.
Act
Parl.
18.
K.
Ja.
6.1606
.
anent
the
restitution
of
the
estate
of
Bishops
,
and
their
representing
the
third
Estate
,
with
all
Acts
and
Constitutions
of
Convention
,
Councell
,
or
Session
,
and
all
practises
and
customes
whatsoever
,
in
so
far
as
the
same
or
any
clause
thereof
,
tends
or
may
be
extended
to
the
effect
foresaid
,
as
being
found
and
declared
prejudiciall
to
the
Libertie
of
this
Kirk
and
Kingdom
,
and
to
the
puritie
of
the
true
reformed
Religion
therein
established
.
And
prohibites
all
persons
whatsoever
,
to
call
in
question
the
authoritie
of
this
present
Parliament
,
upon
whatsoever
pretext
,
under
the
pain
of
treason
.
ACT
III.
ACT
ANENT
THE
CHOOSING
of
Committees
out
of
every
Estate
.
THe
Estates
of
Parliament
presently
conveened
,
by
vertue
of
His
Majesties
speciall
authority
,
Considering
that
there
have
divers
questions
arisen
in
this
present
Parliament
,
anent
the
freedome
of
the
Parliament
,
either
to
choose
,
or
not
to
choose
Committees
for
Articles
,
&
when
they
resolve
to
choose
anent
the
manner
of
election
of
them
,
&
anent
their
use
and
power
:
By
reason
the
same
is
not
yet
determined
nor
set
down
by
any
Acts
of
former
Parliaments
;
for
removing
whereof
,
&
avoyding
the
great
prejudice
which
by
experience
they
find
will
hereby
redound
to
this
Kingdom
,
and
to
the
liberty
,
freedom
&
dignity
of
the
supreme
Courts
of
Parliament
,
They
have
thought
it
necessary
that
a
solid
Order
be
set
down
,
as
wel
declaring
the
Liberty
of
the
Parliament
,
in
the
manner
of
their
proceedings
by
themselves
alone
,
or
by
Committees
for
Articles
,
as
prescribing
the
form
and
manner
of
the
election
of
these
Committees
for
Articles
,
and
defining
their
use
,
power
,
and
manner
of
proceeding
to
be
observed
in
all
times
coming
.
AND
THEREFORE
have
statute
and
declared
,
That
according
to
the
Liberty
of
all
free
Judicatories
,
anent
their
own
preparatorie
Committees
,
all
subsequent
Parliaments
,
may
according
to
the
importance
of
Affairs
for
the
time
,
either
choose
,
or
not
choose
severall
Committees
for
Articles
,
as
they
shall
think
expedient
,
And
that
any
subsequent
Parliaments
making
election
of
Committees
for
Articles
,
to
prepare
matters
for
them
,
shall
proceed
in
manner
following
,
To
wit
,
That
these
of
the
Noblemen
,
shal
be
named
and
chosen
by
the
Noblemen
themselves
,
out
of
their
number
.
And
by
the
Barons
Commissioners
of
Shires
by
themselves
out
of
their
number
;
And
the
Burgesses
,
Commissioners
of
Burrowes
by
themselves
out
of
their
number
.
The
names
of
the
which
persons
so
named
and
chosen
out
of
every
Estate
,
(
not
exceeding
for
every
Committee
,
the
number
prescribed
by
the
Act
of
Parliament
,
1587.
)
being
openly
read
and
made
known
to
the
whole
Estates
sitting
in
plain
Parliament
,
The
said
Estates
having
received
any
propositions
(
which
are
ever
first
to
bee
presented
to
themselves
)
by
an
Act
,
shall
authorize
the
said
persons
with
power
to
treat
,
reason
,
and
consult
upon
the
expediencie
or
inexpediencie
of
such
Articles
allanerlie
as
shal
be
committed
and
recommended
unto
them
by
the
Estates
,
and
to
set
down
such
reasons
and
motives
,
as
they
can
devise
,
whereby
to
inforce
either
the
passing
or
rejecting
of
the
famine
in
Parliament
,
To
be
reported
,
with
the
said
Articles
,
to
the
remanent
of
the
said
Estates
assembled
in
Parliament
,
that
they
may
deliberate
and
advise
thereupon
,
and
that
after
discussing
of
the
reasons
given
in
either
for
,
or
against
the
famine
,
The
said
Estates
may
ordain
such
of
the
saids
Articles
as
they
find
to
deserve
consideration
to
bee
formed
the
saids
Articles
to
bee
voyced
in
plain
Parliament
.
And
in
case
it
shall
happen
them
to
omit
or
forget
to
make
report
to
the
Estates
,
as
said
is
,
of
any
of
the
saids
Articles
,
with
their
reasons
for
,
or
against
the
same
,
It
shal
be
lawfull
in
that
case
to
the
in-givers
of
the
saids
Articles
,
to
propone
the
famine
again
in
plain
Parliament
,
that
they
may
there
be
determined
and
decided
.
And
farther
,
to
the
effect
that
the
saids
Estates
may
be
in
readines
to
receive
all
Articles
which
shal
be
given
in
and
presented
to
the
Parliament
,
and
either
to
give
answer
thereunto
themselves
,
if
they
shall
think
it
expedient
,
or
otherwise
to
recommend
the
same
to
the
said
Committee
,
to
be
digested
by
them
,
and
reported
,
as
said
is
.
IT
is
thought
fit
and
declared
,
That
the
rest
of
the
Estates
,
by
and
beside
these
of
the
severall
Committees
to
the
Articles
shal
be
holden
continually
to
sit
for
receiving
,
advising
,
and
discussing
of
all
Articles
,
Propositions
,
Overtures
,
and
Matters
shall
be
presented
to
them
from
the
beginning
of
the
Parliament
to
the
closure
thereof
.
And
such
like
,
after
all
the
saids
Articles
are
past
and
discust
by
the
saids
Estates
in
manner
foresaid
,
That
they
shall
take
such
a
competent
time
as
they
shall
think
requisite
,
according
to
the
number
and
importance
of
the
Affaires
in
hand
,
To
revise
and
consider
the
famine
again
before
the
day
of
voycing
,
That
they
may
be
well
and
ripely
advised
thereanent
.
ACT
IV.
ACT
ANENT
THE
RATIFICATION
Of
the
Acts
of
the
Assembly
.
THE
Estates
of
Parliament
presently
conveened
by
His
Majesties
speciall
Authoritie
,
Ratifies
,
approves
and
perpetually
confirmes
the
Act
of
the
Generall
Assemblie
holden
at
EDINBURGH
in
the
moneth
of
August
last
by-past
,
made
upon
the
seventeenth
day
of
the
said
Moneth
,
and
in
the
eighth
Session
of
the
said
Assembly
,
intituled
,
Anent
the
six
causes
of
our
bygone
evils
;
whereof
the
tenour
followes
.
THE
Kings
Majestie
having
graciously
declared
,
that
it
is
His
Royall
will
and
pleasure
,
that
all
questions
about
Religion
,
and
matters
Ecclesiasticall
,
be
determined
by
assemblies
of
the
Kirk
,
having
also
by
publick
Proclamation
indicted
this
Free
Nationall
Assembly
,
for
setling
the
present
distractions
of
this
Kirk
,
and
for
establishing
of
a
perfect
peace
against
such
divisions
and
dis-orders
as
have
been
sore
displeasing
to
His
Majestie
,
and
grievous
to
all
his
good
subjects
.
And
now
his
Majesties
Commissioner
,
John
Earl
of
Traquaire
,
instructed
and
authorized
with
a
full
Commission
,
being
present
and
sitting
in
this
assembly
,
now
fully
conveened
and
orderly
constitute
in
all
the
members
thereof
:
according
to
the
order
of
this
Kirk
,
having
at
large
declared
His
Majesties
zeal
to
the
reformed
Religion
,
and
His
Royall
care
and
tender
affection
to
this
Kirk
,
where
His
Majestie
had
both
His
Birth
and
Baptisme
,
His
great
displeasure
at
the
manifold
distractions
and
divisions
of
this
Kirk
and
Kingdom
,
and
His
desires
to
have
all
our
wounds
perfectly
cured
with
a
faire
and
fatherly
hand
;
And
although
in
the
way
approven
by
this
Kirk
,
tryall
hath
been
taken
in
former
Assemblies
before
,
from
the
Kirk
Registers
,
to
our
full
satisfaction
,
yet
the
Commissioners
Grace
making
particular
inquirie
from
the
members
of
the
Assembly
,
now
solemnly
conveened
,
concerning
the
reall
and
true
causes
of
so
many
and
great
evills
,
at
this
time
past
,
had
so
sore
troubled
the
peace
of
this
Kirk
and
Kingdome
,
IT
was
represented
to
His
Majesties
Commissioner
,
by
this
Assembly
,
that
,
beside
many
other
,
the
main
and
most
materiall
causes
were
,
first
the
pressing
of
this
Kirk
by
the
prelates
,
with
a
Service
book
or
book
of
Common
prayer
,
without
warrant
or
direction
from
the
Kirk
,
and
containing
,
beside
the
popish
frame
thereof
,
divers
popish
errours
and
ceremonies
,
and
the
seeds
of
manifold
and
grosse
superstitions
and
idolatrie
;
With
a
book
of
Canons
,
without
warrant
or
direction
from
the
Generall
Assembly
,
establishing
a
tyrannicall
power
over
the
Kirk
,
in
the
persons
of
the
Bishops
,
and
overthrowing
the
whole
Discipline
and
Government
of
the
Kirk
by
Assemblies
;
With
a
book
of
Consecration
and
Ordination
,
without
warrant
of
authoritie
Civill
or
Ecclesiasticall
,
appointing
offices
in
the
house
of
God
,
which
are
not
warranted
by
the
word
of
God
,
and
repugnant
to
the
Discipline
and
Acts
of
our
Kirk
;
And
with
the
High
Commission
,
erected
without
the
consent
of
this
Kirk
,
subverting
the
jurisdiction
and
ordinary
Judicatories
of
this
Kirk
,
and
giving
to
persons
meerly
Ecclesiasticall
,
the
power
of
both
swords
,
and
to
persons
meerly
civill
,
the
power
of
the
keyes
and
kirk
censures
.
A
second
cause
was
the
Articles
of
Perth
,
viz.
the
observation
of
Festivall
dayes
,
kneeling
at
the
Communion
,
Confirmation
,
Administration
of
the
Sacraments
in
private
places
,
which
were
brought
in
by
a
null
Assembly
,
and
are
contrary
to
the
Confession
of
Faith
,
as
it
was
meant
and
subscribed
,
Anno
1580.
and
diverse
times
since
,
and
to
the
order
and
constitution
of
this
Kirk
.
Thirdly
,
the
change
of
the
Government
of
the
Kirk
,
from
the
Assemblies
of
the
Kirk
,
to
the
persons
of
some
Kirkmen
,
usurping
priority
and
power
over
their
Brethren
,
by
the
way
,
and
under
the
name
of
Episcopall
Government
,
against
the
confession
of
Faith
,
1580.
against
the
order
set
down
in
the
book
of
policie
,
and
against
the
intention
and
constitutions
of
this
Kirk
from
the
beginning
.
Fourthly
,
the
civill
places
and
power
of
Kirkmen
,
their
sitting
in
Session
,
Councell
,
and
Exchequer
,
their
ryding
,
sitting
,
and
voycing
in
Parliament
,
and
their
sitting
in
the
Bench
as
Justices
of
Peace
,
which
according
to
the
Constitutions
of
this
Kirk
,
are
incompatible
with
their
spirituall
function
,
lift
them
up
above
their
Brethren
in
worldly
pomp
,
and
doe
tend
to
the
hinderance
of
the
Ministerie
.
Fiftly
,
the
keeping
and
authorizing
corrupt
Assemblies
at
Linlithgow
1606.
1608.
at
Glasgow
,
1610.
at
Aberdene
1616.
at
S.
Andrewes
1617.
at
Pearth
1618.
which
are
null
and
unlawfull
as
being
called
and
constitute
quite
contrary
to
the
order
and
constitutions
of
this
Kirk
,
received
and
practised
ever
since
the
Reformation
of
Religion
,
and
withall
labouring
to
introduce
Novations
into
this
Kirk
,
against
the
Order
and
Religion
established
.
A
sixth
cause
is
,
the
want
of
lawfull
and
Free
Generall
Assemblies
,
rightly
constitute
of
Pastours
,
Doctours
,
and
Elders
,
yearely
,
or
oftner
,
pro
re
nata
,
according
to
the
Liberty
of
this
Kirk
,
expressed
in
the
book
of
policie
,
and
acknowledged
in
the
Act
of
Parliament
1592.
after
which
,
the
whole
Assembly
,
in
one
heart
and
voyce
,
did
declare
,
that
these
and
such
other
,
proceeding
from
the
neglect
and
breach
of
the
Nationall
Covenant
of
this
Kirk
and
Kingdome
,
made
anno
1580.
have
been
indeed
the
true
&
main
causes
of
all
our
evils
and
distractions
,
AND
therefore
ordain
,
according
to
the
Constitutions
of
the
Generall
Assemblies
of
this
Kirk
,
and
upon
the
grounds
respective
above-specified
,
That
the
foresaid
Service-book
,
books
of
Canons
,
and
Ordination
,
and
the
High
Commission
,
be
still
rejected
,
That
the
articles
of
Pearth
be
no
more
practised
,
That
Episcopall
government
,
the
civill
places
and
power
of
Kirkmen
,
bee
holden
still
as
unlawfull
in
this
Kirk
,
That
the
above-named
pretented
assemblies
at
Linlithgow
1606.
1608.
at
Glasgow
1610.
at
Aberdene
1616.
at
S.
Andrewes
1617.
at
Pearth
1618.
be
hereafter
accounted
as
null
,
and
of
none
effect
;
and
that
for
preservation
of
Religion
,
and
preventing
all
such
evils
in
time
comming
,
Generall
Assemblies
rightly
constitute
,
as
the
proper
and
competent
Judge
of
all
matters
Ecclesiasticall
,
hereafter
be
keeped
yearely
,
and
oftner
pro
re
nata
,
as
occasion
and
necessitie
shall
require
(
The
necessitie
of
these
occasionall
Assemblies
being
first
remonstrate
to
His
Majestie
by
humble
supplication
)
As
also
that
Kirk
Sessions
,
Presbyteries
,
and
Synodal
Assemblies
,
be
constitute
and
observed
according
to
the
Order
of
this
Kirk
;
Which
Act
,
with
all
and
sundrie
the
particular
heads
,
clauses
,
and
articles
therein
contained
,
The
Estates
now
conveened
by
His
Majesties
indiction
,
warrant
and
authoritie
foresaid
,
Ratifies
,
approves
,
and
confirmes
in
all
points
,
in
manners
as
the
same
proports
;
And
gives
thereunto
the
strength
of
a
Law
and
Act
of
Parliament
,
and
ordaines
execution
to
passe
thereupon
as
effeirs
;
And
rescindes
,
casses
,
and
annulls
all
Acts
and
Decrees
of
Parliament
and
Councell
formerly
made
,
contrair
and
in
prejudice
of
the
said
Act
,
or
any
part
thereof
.
ACT
V.
ACT
ANENT
THE
RATIFICATION
Of
the
Covenant
,
and
of
the
Assemblies
supplication
.
Act
of
Councell
,
and
Act
of
Assemblie
concerning
the
Covenant
.
THE
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
authoritie
,
considering
the
supplication
of
the
Generall
Assembly
at
Edinburgh
the
12.
of
August
1639.
to
his
Majesties
high
Commissioner
,
&
the
Lords
of
His
Majesties
Honourable
Privie
Councell
,
and
the
Act
of
the
Councell
the
30.
of
August
1639.
containing
the
answer
of
the
said
supplication
,
&
the
Act
of
the
said
General
Assembly
,
ordaining
by
their
Ecclesiasticall
constitution
,
the
subscription
of
the
Confession
of
Faith
&
Covenant
,
mentioned
in
their
Supplication
;
And
withall
,
having
supplicated
His
Majestie
to
ratifie
and
enjoyne
the
famine
by
His
Royall
authoritie
,
under
all
civill
paines
,
as
tending
to
the
glorie
of
God
,
preservation
of
Religion
,
the
Kings
Majesties
honour
,
and
the
perfect
peace
of
this
Kirk
and
Kingdome
,
Do
ratifie
and
approve
the
said
supplication
,
Act
of
Councell
,
and
Act
of
Assembly
,
and
conforme
thereto
,
Ordaines
and
commands
the
said
Confession
and
Covenant
,
to
be
subscribed
by
all
His
Majesties
Subjects
,
of
what
rank
and
qualitie
soever
,
under
all
civill
paines
,
And
ordaines
the
said
Supplication
,
Act
of
Councell
,
and
Act
of
the
Assembly
,
with
the
whole
Confession
and
Covenant
it selfe
,
to
bee
insert
and
registrate
in
the
Acts
and
books
of
Parliament
;
And
also
ordaines
the
famine
to
be
presented
at
the
entrie
of
every
Parliament
,
&
before
they
proceed
to
any
other
Act
,
That
the
same
bee
publickly
read
and
sworne
by
the
whole
members
of
Parliament
,
claiming
voice
therein
,
otherwise
the
refusers
to
subscribe
and
swear
the
same
,
shall
have
no
place
nor
voice
in
Parliament
.
And
such
like
ordaines
all
Judges
,
Magistrates
,
or
other
Officers
of
whatsoever
place
,
rank
or
qualitie
,
and
Ministers
at
their
entrie
,
to
sweare
and
subscribe
the
famine
Covenant
,
Whereof
,
and
of
the
said
Supplication
,
Act
of
Councell
,
and
Act
of
the
Assembly
,
the
tenour
followes
,
&c.
THE
SUPPLICATION
OF
THE
GEnerall
Assembly
conveened
at
EDINBURGH
the
12.
of
August
1639.
to
his
Majesties
high
Commissioner
,
and
the
Lords
of
his
Majesties
Honourable
Privie
Councell
.
WEe
the
Generall
Assembly
,
considering
with
all
humble
and
thankfull
acknowledgment
,
the
many
recent
favours
bestowed
upon
us
by
His
Majestie
,
and
that
there
resteth
nothing
for
crowning
of
His
Majesties
incomparable
goodnesse
towards
us
,
but
that
all
the
members
of
this
Kirk
and
Kingdome
be
joyned
in
one
and
the
same
Confession
and
Covenant
with
God
,
with
the
Kings
Majestie
,
and
amongst
our selves
:
And
conceiving
the
main
lett
and
impediment
to
this
so
good
a
work
,
and
so
much
wished
by
all
,
to
have
been
the
Informations
made
to
his
Majestie
,
of
our
Intentions
to
shake
off
civill
and
duetifull
obedience
due
to
Soveraignty
,
and
to
diminish
the
Kings
greatnes
and
authoritie
,
and
being
most
willing
and
desirous
to
remove
this
and
all
such
impediments
which
may
hinder
and
impede
so
full
and
perfect
an
Union
,
and
for
clearing
of
our
loyaltie
,
WEE
in
our
own
names
,
and
in
name
of
all
the
rest
of
the
Subjects
and
Congregations
whom
we
represent
,
do
now
in
all
humility
represent
to
your
Grace
,
His
Majesties
Commissioner
,
and
the
Lords
of
His
Majesties
most
Honourable
Privie
Councell
,
and
declares
before
God
and
the
world
,
that
we
never
had
,
nor
have
any
thought
of
with-drawing
our selves
from
that
humble
and
duetifull
obedience
to
his
Majestie
,
and
to
his
goverment
,
which
by
the
descent
and
under
the
reigne
of
107.
Kings
,
is
most
chearfully
acknowledged
by
us
and
our
predecessours
:
and
that
we
never
had
,
nor
have
any
intention
nor
desire
to
attempt
any
thing
that
may
tend
to
the
dishonour
of
God
,
or
the
diminution
of
the
Kings
greatnesse
and
authoritie
:
But
on
the
contrary
,
acknowledging
our
quietnes
,
stabilitie
and
happines
to
depend
upon
the
safety
of
the
Kings
Majesties
Person
,
and
maintenance
of
his
greatnes
and
royall
authoritie
who
is
Gods
Vice-gerent
set
over
us
,
for
the
maintenance
of
Religion
and
ministration
of
Justice
,
Wee
have
solemnly
sworn
and
do
sweare
,
not
only
our
mutuall
concurrence
and
assistance
for
the
cause
of
Religion
,
and
to
the
uttermost
of
our
power
,
with
our
meanes
and
lives
,
to
stand
to
the
defence
of
our
dread
Soveraigne
,
his
person
and
authority
,
in
the
preservation
and
defence
of
the
true
Religion
,
Liberties
and
Lawes
of
this
Kirk
and
Kingdome
,
but
also
in
every
cause
which
may
concerne
his
Majesties
honour
,
shall
according
to
the
Lawes
of
this
Kingdome
,
and
the
duties
of
good
Subjects
,
concurre
with
our
friends
and
followers
in
quiet
manner
,
or
in
Armes
,
as
we
shal
be
required
of
his
Majestie
,
his
Councell
,
or
any
having
his
authority
.
And
therefore
being
most
desirous
to
cleare
our selves
of
all
imputation
of
this
kinde
,
and
following
the
laudable
example
of
our
predecessours
,
1589.
do
most
humbly
supplicate
your
Grace
,
his
Majesties
Commissioner
,
and
the
Lords
of
his
Majesties
most
honourable
Privie
Councell
,
to
injoyn
by
act
of
Councell
,
that
this
Confession
and
Covenant
,
which
,
as
a
testimony
of
our
fidelity
to
GOD
,
and
loyaltie
to
our
King
,
wee
have
subscribed
,
be
subscribed
by
all
his
Majesties
Subjects
,
of
what
ranke
and
quality
soever
.
THE
ACT
OF
HIS
MAJESTIES
MOST
Honourable
Privie
Councell
at
Edinburgh
,
August
30.
Anno
1639.
containing
the
answer
of
the
Supplication
above-written
.
THe
which
day
in
presence
of
the
Lord
Commissioner
,
and
Lords
of
Privie
Councell
,
compeired
personally
John
Earle
of
Rothes
,
James
Earle
of
Montrose
,
John
Lord
Lowdoun
,
Sir
George
Stirling
of
Keir
Knight
,
Sir
William
Douglas
of
Cavers
Knight
,
Sir
Henry
Wood
of
Bonytoun
Knight
,
John
Smyth
Burgesse
of
Edinburgh
,
Mr.
Robert
Barclay
Provest
of
Irwing
,
Mr.
Alexander
Henderson
Minister
at
Edinburgh
,
and
Master
Archbald
Johnstoun
Clerk
to
the
Generall
Assembly
,
and
in
the
name
of
the
present
sitting
Generall
Assembly
,
gave
in
to
the
Lord
Commissioner
and
Lords
of
Privie
Councell
,
the
petition
above
written
;
which
being
read
,
heard
,
and
considered
by
the
saids
Lords
,
they
have
ordained
,
and
ordain
the
same
to
be
insert
and
registrate
in
the
bookes
of
Privie
Councell
,
and
according
to
the
desire
thereof
,
ordaines
the
said
Confession
and
Covenant
to
be
subscribed
in
time
comming
by
all
his
Majesties
Subjects
of
this
Kingdome
,
of
what
rank
and
quality
soever
.
THE
ACT
OF
THE
GENERALL
ASSEMBLY
,
Ordaining
by
Ecclesiasticall
authoritie
,
the
subscription
of
the
Confession
of
Faith
and
Covenant
.
THe
Generall
Assembly
considering
the
great
happinesse
which
may
flow
from
a
full
and
perfect
Union
of
this
Kirk
and
Kingdome
,
by
joyning
of
all
in
one
and
the
same
Covenant
with
God
,
with
the
Kings
Majestie
,
and
amongst
our selves
,
having
by
our
great
Oath
declared
the
uprightnes
and
loyalty
of
our
intentions
in
all
our
proceedings
,
and
having
withall
supplicated
his
Majesties
high
Commissioner
,
and
the
Lords
of
his
Majesties
honourable
Privie
Councell
,
to
injoyne
by
Act
of
Councell
,
all
the
Lieges
in
time
comming
to
subscribe
the
Confession
of
Faith
and
Covenant
,
which
as
a
testimony
of
our
fidelity
to
God
,
and
loyalty
to
our
King
,
wee
have
subscribed
;
And
seeing
his
Majesties
high
Commissioner
,
and
the
Lords
of
his
Majesties
honourable
Privie
Councell
,
have
granted
the
desire
of
our
Supplication
,
ordaining
by
civill
authority
,
all
his
Majesties
Lieges
in
time
comming
,
to
subscribe
the
foresaid
Covenant
,
that
our
union
may
be
the
more
full
and
perfect
,
We
by
our
act
and
constitution
Ecclesiasticall
,
doe
approve
the
foresaid
Covenant
,
in
all
the
Heads
and
Clauses
thereof
,
and
ordaines
of
new
,
under
all
Ecclesiasticall
censure
,
that
all
the
Masters
of
Universities
,
Colledges
,
and
Schooles
,
all
Schollers
at
the
passing
of
their
degrees
,
all
persons
suspect
of
Papistry
,
or
any
other
errour
;
and
finally
,
all
the
members
of
this
Kirk
and
Kingdome
,
subscribe
the
same
,
with
these
words
prefixed
to
their
subscription
:
The
Article
of
this
Covenant
,
which
was
at
the
first
subscription
referred
to
the
determination
of
the
generall
Assembly
,
being
determined
.
And
thereby
the
Five
Articles
of
Perth
,
the
governement
of
the
Kirk
by
Bishops
,
the
civill
places
and
power
of
Kirke-men
,
upon
the
reasons
and
grounds
contained
in
the
acts
of
the
Generall
Assembly
,
declared
to
be
unlawfull
within
this
Kirk
,
wee
subscribe
according
to
the
determination
foresaid
.
And
ordaines
the
Covenant
,
with
this
declaration
,
to
be
insert
in
the
Registers
of
the
Assemblies
of
this
Kirk
,
Generall
,
Provinciall
,
and
Presbyteriall
,
ad
perpetuam
reimemoriam
;
and
in
all
humility
supplicates
his
Majesties
high
commissioner
,
and
the
honourable
Estates
of
Parliament
,
by
their
authority
,
to
ratifie
and
injoyne
the
same
,
under
all
civill
paines
,
which
will
tend
to
the
glory
of
God
,
preservation
of
Religion
,
the
Kings
Majesties
honour
,
and
perfect
peace
of
this
Kirk
and
Kingdome
.
The
Confession
of
Faith
,
subscribed
at
first
by
the
Kings
Majestie
and
his
Houshold
,
in
the
yeare
of
God
1580.
Thereafter
by
Persons
of
all
rankes
,
in
the
yeare
1581.
By
ordinance
of
the
Lords
of
the
secret
Councell
,
and
acts
of
the
Generall
Assembly
.
Subscribed
again
by
all
sorts
of
Persons
in
the
yeare
1590.
By
a
new
ordinance
of
Councell
,
at
the
desire
of
the
Generall
Assembly
:
with
a
generall
Band
for
maintenance
of
the
true
Religion
,
and
the
Kings
Person
.
And
subscribed
in
the
yeare
1638.
By
Us
,
Noblemen
,
Barons
,
Gentlemen
,
Burgesses
,
Ministers
,
and
Commons
,
then
under
subscribing
:
Together
with
our
resolution
and
promises
for
the
causes
after
specified
,
to
mainetaine
the
said
true
Religion
,
and
the
Kings
Majestie
,
according
to
the
Confession
foresaid
,
and
acts
of
Parliament
.
And
now
,
upon
the
Supplication
of
the
Generall
Assembly
to
his
Majesties
high
Commissioner
,
and
the
Lords
of
his
Majesties
honourable
Privy
Councell
,
subscribed
again
in
the
yeare
1639.
by
ordinance
of
Councell
,
and
Act
of
the
Generall
Assembly
.
WEe
all
,
and
every
one
of
us
under-written
,
protest
,
that
after
long
and
due
Examination
of
our
owne
consciences
,
in
matters
of
true
and
false
Religion
,
Wee
are
now
throughly
resolved
of
the
Trueth
,
by
the
word
and
Spirit
of
God
;
And
therefore
wee
believe
with
our
hearts
,
confesse
with
our
mouths
,
subscribe
with
our
hands
,
and
constantly
affirme
before
God
,
and
the
whole
World
,
that
this
onely
is
the
true
Christian
Faith
and
Religion
,
pleasing
God
,
and
bringing
Salvation
to
man
,
which
now
is
by
the
mercie
of
God
revealed
to
the
world
,
by
the
preaching
of
the
blessed
Evangel
,
and
received
,
beleeved
,
and
defended
by
many
and
sundry
notable
Kirks
and
Realmes
,
but
chiefly
by
the
Kirke
of
Scotland
,
the
Kings
Majestie
,
and
the
three
Estates
of
this
Realme
,
as
Gods
Eternall
Trueth
,
and
onely
ground
of
our
Salvation
,
as
more
particularly
is
expressed
in
the
Confession
of
our
Faith
,
stablished
,
and
publickly
confirmed
by
sundry
Acts
of
Parliaments
,
and
now
of
a
long
time
hath
beene
openly
professed
by
the
Kings
Majestie
,
and
whole
body
of
this
Realme
both
in
Burgh
and
Land
.
To
the
which
Confession
and
forme
of
Religion
,
wee
willingly
agree
in
our
consciences
in
all
points
,
as
unto
Gods
undoubted
Trueth
and
Veritie
,
grounded
onely
upon
his
written
Word
.
And
therefore
,
wee
abhorre
and
detest
all
contrarie
Religion
,
and
Doctrine
:
But
chiefly
,
all
kind
of
Papistrie
,
in
generall
and
particular
heads
,
even
as
they
are
now
damned
and
confuted
by
the
Word
of
God
,
and
Kirk
of
Scotland
:
But
in
speciall
,
we
detest
and
refuse
the
usurped
authoritie
of
that
Roman
Antichrist
upon
the
Scriptures
of
God
,
upon
the
Kirk
,
the
civill
Magistrate
,
and
consciences
of
men
,
all
his
tyrannous
lawes
made
upon
indifferent
things
against
our
Christian
libertie
:
His
erroneous
Doctrine
against
the
sufficiencie
of
the
written
Word
,
the
perfection
of
the
law
,
the
office
of
Christ
,
and
his
blessed
Evangel:
His
corrupted
Doctrine
concerning
originall
sinne
,
our
naturall
inabilitie
and
rebellion
to
Gods
Law
,
our
Justification
by
faith
only
,
our
imperfect
Sanctification
and
obedience
to
the
Law
,
the
nature
,
number
and
use
of
the
Holy
Sacraments
:
His
five
bastard
Sacraments
,
with
all
his
Rites
,
Ceremonies
,
and
false
Doctrine
,
added
to
the
ministration
of
the
true
Sacraments
without
the
word
of
God
:
His
cruell
judgement
against
Infants
,
departing
without
the
Sacrament
:
His
absolute
necessitie
of
Baptisme
:
His
blasphemous
opinion
of
Transubstantiation
,
or
reall
presence
of
Christs
Body
in
the
Elements
,
and
receiving
of
the
same
by
the
wicked
,
or
bodies
of
men
:
His
dispensations
with
solemne
Oaths
,
Perjuries
,
and
degrees
of
Marriage
,
forbidden
in
the
Word
:
His
crueltie
against
the
innocent
divorced
:
His
divellish
Masse
:
His
blasphemous
Priesthood
:
His
profane
Sacrifice
for
the
sins
of
the
dead
and
the
quicke
:
His
Canonization
of
men
,
calling
upon
Angels
or
Saints
departed
,
worshipping
of
Imagerie
,
Relicts
,
and
Crosses
,
dedicating
of
Kirks
,
Altars
,
Dayes
,
Vowes
to
creatures
;
His
Purgatorie
,
Prayers
for
the
dead
,
praying
or
speaking
in
a
strange
language
,
with
his
Processions
,
blasphemous
Letanie
,
and
multitude
of
Advocates
or
Mediators
:
His
manifold
Orders
,
Auricular
Confession
:
His
desperate
and
uncertain
Repentance
;
His
generall
and
doubtsome
Faith
;
His
satisfactions
of
men
for
their
sinnes
:
His
Justification
by
works
,
opus
operatum
,
works
of
Supererogation
,
Merits
,
Pardons
,
Peregrinations
,
and
Stations
:
His
holy-water
,
baptizing
of
Bells
,
conjuring
of
Spirits
,
crossing
,
saning
,
anointing
,
conjuring
,
hallowing
of
GODS
good
creatures
,
with
the
superstitious
opinion
joyned
therewith
;
His
wordly
Monarchie
,
and
wicked
Hierarchie
:
His
three
solemne
vowes
,
with
all
his
shavelings
of
sundry
sorts
:
His
erroneous
and
bloudie
decrees
made
at
Trent
,
with
all
the
subscribers
and
approvers
of
that
cruell
and
bloudie
Band
,
conjured
against
the
Kirk
of
GOD
:
And
finally
,
we
detest
all
his
vain
Allegories
,
Rites
,
Signes
and
Traditions
,
brought
in
the
Kirk
,
without
,
or
against
the
Word
of
GOD
,
and
Doctrine
of
this
true
reformed
Kirk
:
To
the
which
wee
joyne
ourselves
willingly
in
Doctrine
,
Faith
,
Religion
,
Discipline
,
and
use
of
the
holy
Sacraments
,
as
lively
members
of
the
same
in
Christ
our
Head
:
Promising
and
swearing
by
the
Great
Name
of
the
Lord
our
GOD
,
that
wee
shall
continue
in
the
Obedience
of
the
Doctrine
and
Discipline
of
this
Kirk
,
and
shall
defend
the
same
according
to
our
vocation
and
power
all
the
dayes
of
our
lives
,
under
the
paines
contained
in
the
Law
,
and
danger
both
of
Body
and
Soule
,
in
the
day
of
GODS
fearefull
Judgement
:
And
seeing
that
many
are
stirred
up
by
Sathan
,
and
that
Roman
Antichrist
,
to
promise
,
sweare
,
subscribe
,
and
for
a
time
use
the
holy
Sacraments
in
the
Kirk
deceitfully
,
against
their
own
consciences
,
minding
thereby
,
first
,
under
the
externall
cloak
of
Religion
to
corrupt
and
subvert
secretly
GODS
true
Religion
within
the
Kirk
,
and
afterward
,
when
time
may
serve
,
to
become
open
enemies
and
persecutors
of
the
same
,
under
vain
hope
of
the
Popes
dispensation
,
devised
against
the
Word
of
GOD
,
to
his
greater
confusion
,
and
their
double
condemnation
in
the
day
of
the
LORD
JESUS
:
Wee
,
therefore
,
willing
to
take
away
all
suspicion
of
hypocrisie
,
and
of
such
double
dealing
with
GOD
and
his
Kirk
,
Protest
,
and
call
The
Searcher
of
all
hearts
for
witnesse
,
that
our
mindes
and
hearts
doe
fully
agree
with
this
our
Confession
,
Promise
,
Oath
,
and
Subscription
,
so
that
Wee
are
not
moved
for
any
worldly
respect
,
but
are
perswaded
only
in
our
consciences
,
through
the
knowledge
and
love
of
GODS
true
Religion
,
printed
in
our
hearts
by
the
holy
Spirit
,
as
wee
shall
answere
to
him
in
the
day
,
when
the
secrets
of
all
hearts
shall
be
disclosed
:
And
because
wee
perceive
,
that
the
quietnes
and
stabilitie
of
our
Religion
and
Kirk
,
doth
depend
upon
the
safetie
and
good
behaviour
of
the
Kings
Majestie
,
as
upon
a
comfortable
instrument
of
Gods
mercy
,
granted
to
this
Countrey
,
for
the
maintaining
of
his
Kirk
,
and
ministration
of
Justice
amongst
us
,
we
protest
and
promise
with
our
hearts
,
under
the
same
Oath
,
Hand-writ
,
and
paines
,
that
wee
shall
defend
his
Person
and
Authoritie
,
with
our
goods
,
bodies
,
and
lives
,
in
the
defence
of
Christ
his
Evangel
,
Liberties
of
our
Countrey
,
ministration
of
Justice
,
and
punishment
of
Iniquitie
against
all
enemies
within
this
Realme
,
or
without
,
as
wee
desire
our
GOD
to
bee
a
strong
and
mercifull
defender
to
us
,
in
the
day
of
our
death
,
and
comming
of
our
Lord
JESUS
CHRIST
;
To
whom
with
the
Father
,
and
the
holy
Spirit
,
be
all
Honour
and
Glory
eternally
.
LIKE
AS
many
Acts
of
Parliament
not
only
in
generall
do
abrogat
,
annull
,
and
rescind
all
Laws
,
Statutes
,
Acts
,
Constitutions
,
Canons
,
civill
or
municipall
,
with
all
other
Ordinances
and
practique
penalties
whatsoever
,
made
in
prejudice
of
the
true
Religion
and
Professours
thereof
:
Or
of
the
true
Kirk
discipline
,
jurisdiction
,
and
freedome
therof
:
Or
in
favours
of
idolatrie
and
superstition
:
Or
of
the
Papisticall
Kirk
:
As
,
Act
3.
Act
31.
Parl.
1.
Act
23.
Parl.
11.
Act
114.
Parl.
12.
of
K.
James
the
sixt
,
That
Papistrie
and
Superstition
may
be
utterly
suppressed
according
to
the
intention
of
the
Acts
of
Parliament
repeated
in
the
5.
Act
,
Parl.
20.
K.
James
6.
And
to
that
end
they
ordaine
all
Papists
and
Priests
to
bee
punished
by
manifolde
Civill
and
Ecclesiasticall
paines
,
as
adversaries
to
Gods
true
Religion
,
preached
,
and
by
Law
established
within
this
Realme
,
Act
24.
Parl.
11.
K.
James
6.
as
common
enemies
to
all
Christian
Government
,
Act
18.
Parl.
16.
K.
James
6.
as
rebellers
and
gain-standers
of
our
Soveraigne
Lords
authority
,
Act
47.
Parl.
3.
K.
James
6.
and
as
Idolaters
,
Act
104.
Parl.
7.
K.
James
6.
But
also
in
particular
(
by
and
attour
the
Confession
of
faith
)
do
abolish
and
condemne
the
Popes
Authority
and
Jurisdiction
out
of
this
Land
,
and
ordain
the
maintainers
thereof
to
be
punished
,
Act
2.
Parl.
1.
Act
51.
Parl.
3.
Act
106.
Parl.
7.
Act
114.
Parl.
12.
K.
James
6.
do
condemn
the
Popes
erroneous
doctrine
,
or
any
other
erroneous
doctrine
repugnant
to
any
of
the
Articles
of
the
true
and
Christian
Religion
publikely
preached
,
and
by
Law
established
in
this
Realme
:
And
ordaine
the
spreaders
and
makers
of
Books
or
Libels
,
or
Letters
,
or
writs
of
that
nature
to
be
punished
,
Act
46.
Parl.
3.
Act
106.
Parl.
7.
Act
24.
Parl.
11.
K.
James
.
6.
do
condemn
all
Baptism
conform
to
the
Popes
Kirk
and
the
Idolatry
of
the
Masse
,
and
ordain
all
sayers
,
wilfull
hearers
,
and
concealers
of
the
Masse
,
the
maintainers
and
re-setters
of
the
Priests
,
Jesuits
,
traffiquing
Papists
,
to
bee
punished
without
any
exception
or
restriction
,
Act
5.
Parl.
1.
Act
120
Parl.
12.
Act
164.
Parl.
13.
Act
193.
Parl.
14.
Act
1.
Parl.
19.
Act
5.
Parl.
20.
K.
James
6.
do
condemne
all
erroneous
bookes
and
writs
containing
erroneous
doctrine
against
the
Religion
presently
professed
,
or
containing
superstitious
Rites
and
Ceremonies
Papisticall
,
whereby
the
people
are
greatly
abused
,
and
ordain
the
home-bringers
of
them
to
be
punished
;
Act
25.
Parl.
11.
K.
James
6.
do
condemn
the
monuments
and
dregs
of
by-gone
Idolatry
,
as
going
to
the
Crosses
,
observing
the
Festivall
dayes
of
Saints
,
and
such
other
superstitious
and
Papisticall
Rites
,
to
the
dishonour
of
GOD
,
contempt
of
true
Religion
,
and
fostering
of
great
errour
among
the
people
,
and
ordain
the
users
of
them
to
be
punished
for
the
second
fault
as
Idolaters
,
Act
104.
Parl.
7.
K.
James
6.
LIKE
AS
many
Acts
of
Parliament
are
conceived
for
maintenance
of
Gods
true
and
Christian
Religion
,
and
the
purity
thereof
in
Doctrine
and
Sacraments
of
the
true
Church
of
GOD
,
the
liberty
and
freedome
thereof
,
in
her
Nationall
and
Synodall
Assemblies
,
Presbyteries
,
Sessions
,
Policie
,
Discipline
,
and
Jurisdiction
thereof
,
as
that
purity
of
Religion
and
liberty
of
the
Church
was
used
,
professed
,
exercised
,
preached
,
and
confessed
according
to
the
Reformation
of
Religion
in
this
Realme
;
As
for
instance
,
the
99
Act
Parl.
7.
Act
23.
Parl.
11.
Act
114.
P.
12.
Act.
160.
Parl.
13.
of
K.
James
6.
ratified
by
4.
Act
of
King
Charles
.
So
that
the
6.
Act
Parl.
1.
and
68.
Act
Parl.
6.
of
King
James
6.
in
the
yeare
of
God
1579.
declare
the
Ministers
of
the
blessed
Evangel
,
whom
GOD
of
his
mercie
had
raised
up
,
or
hereafter
should
raise
,
agreeing
with
them
that
then
lived
in
Doctrine
,
and
Administration
of
the
Sacraments
,
and
the
people
that
professed
Christ
,
as
hee
was
then
offered
in
the
Evangel
,
and
doth
communicate
with
the
holy
Sacraments
,
(
as
in
the
reformed
Kirks
of
this
Realme
they
were
publikely
administrate
)
according
to
the
Confession
of
Faith
,
to
bee
the
true
and
holy
Kirk
of
Christ
Jesus
within
this
Realme
,
and
discerne
and
declare
all
and
sundry
,
who
either
gain-say
the
Word
of
the
Evangel
,
received
and
approved
,
as
the
heads
of
the
confession
of
faith
,
professed
in
Parliament
,
in
the
yeare
of
God
1560
,
specified
also
in
the
first
Parliament
of
King
Iames
6.
and
ratified
in
this
present
Parliament
,
more
particularly
doe
specifie
,
or
that
refuses
the
administration
of
the
holy
Sacraments
,
as
they
were
then
ministrated
,
to
be
no
members
of
the
said
Kirk
within
this
Realme
,
and
true
Religion
,
presently
professed
,
so
long
as
they
keep
themselves
so
divided
from
the
societie
of
CHRISTS
Body
:
And
the
subsequent
Act
69.
Parl.
6.
of
King
Iames
6.
declares
,
that
there
is
none
other
Face
of
Kirk
,
nor
other
Face
of
Religion
,
then
was
presently
at
that
time
by
the
favour
of
GOD
established
within
this
Realme
,
which
therefore
is
ever
stiled
,
Gods
true
Religion
,
Christs
true
religion
,
the
true
and
Christian
Religion
,
and
a
perfect
Religion
,
Which
,
by
manifold
Acts
of
Parliament
,
all
within
this
Realme
,
are
bound
to
professe
to
subscribe
the
articles
thereof
,
the
Confession
of
Faith
,
to
recant
all
doctrine
and
errours
repugnant
to
any
of
the
said
Articles
,
Act
4.
and
9.
Parl.
1.
Act
45.46.47
.
Parl.
3.
Act
71.
Parl.
6.
Act
106.
Parl.
7.
Act
24.
Parl.
11.
Act
123.
Parl.
12.
Act
194.
and
197
Parl.
14.
of
King
Lames
6.
And
all
Magistrates
,
Sheriffs
,
&c.
on
the
one
part
are
ordained
to
search
,
apprehend
,
and
punish
all
contraveeners
.
For
instance
,
Act
5.
Parl.
1.
Act.
104.
Parl.
7.
Act
25.
Parl.
11.
K.
James
6.
and
that
notwithstanding
of
the
Kings
Majesties
licences
on
the
contrary
,
which
are
discharged
and
declared
to
be
of
no
force
,
in
so
far
as
they
tend
in
any
wayes
to
the
prejudice
and
hinder
of
the
execution
of
the
Acts
of
Parliament
against
Papists
and
adversaries
of
true
Religion
,
Act
106.
Parl.
7.
K.
Iames
6.
On
the
other
part
in
the
47.
Act
Parl.
3.
K.
Iames
6.
it
is
declared
and
ordained
,
seeing
the
cause
of
Gods
true
Religion
,
and
his
highnes
Authority
are
so
joyned
,
as
the
hurt
of
the
one
is
common
to
both
,
and
that
none
shall
be
reputed
as
loyall
and
faithfull
subjects
to
our
Soveraign
Lord
,
or
his
authority
,
but
be
punishable
as
rebellers
and
gain-standers
of
the
same
,
who
shall
not
give
their
Confession
,
and
make
their
profession
of
the
said
true
Religion
,
and
that
they
who
after
defection
shall
give
the
Confession
of
their
Faith
of
new
,
they
shall
promise
to
continue
therein
in
time
comming
,
to
maintaine
our
Soveraigne
Lords
Authority
,
and
at
the
uttermost
of
their
power
to
fortifie
,
assist
,
and
maintain
the
true
Preachers
and
Professours
of
Christs
Evangel
,
against
whatsoever
enemies
and
gain-standers
of
the
same
:
and
namely
,
against
all
such
(
of
whatsoever
nation
,
estate
,
or
degree
they
be
of
)
that
have
joyned
,
and
bound
themselves
,
or
have
assisted
,
or
assist
to
set
forward
and
execute
the
cruell
decrees
of
the
Councel
of
Trent
,
contrary
to
the
true
Preachers
and
Professours
of
the
Word
of
God
,
which
is
repeated
word
by
word
in
the
Articles
of
Pacification
at
Perth
the
23
of
February
1572.
approved
by
Parliament
the
last
of
April
1573.
ratified
in
Parliament
1587.
and
related
,
Act
123.
Parl.
12.
of
K.
Iames
6.
with
this
addition
,
that
they
are
bound
to
resist
all
treasonable
uproares
and
hostilities
raised
against
the
true
Religion
,
the
Kings
Majestie
,
and
the
true
Professors
.
LIKE
AS
all
Liedges
are
bound
to
maintain
the
K.
Majesties
Royall
Person
,
and
Authority
,
the
Authority
of
Parliaments
,
without
the
which
neither
any
lawes
or
lawfull
Judicatories
can
be
established
,
Act
130.
and
131
Parl.
8.
K.
Iames
6.
and
the
subjects
liberties
,
who
ought
only
to
live
and
be
governed
by
the
Kings
lawes
,
the
common
lawes
of
this
Realm
allanerly
.
Act
48.
Parl.
3.
K.
James
the
first
.
Act
79.
Parl.
6.
K.
James
4.
repeated
in
the
Act
131.
Parl.
8.
K.
James
6.
Which
,
if
they
be
innovated
or
prejudged
,
the
Commission
anent
the
Union
of
the
two
Kingdomes
of
Scotland
and
England
,
which
is
the
sole
Act
of
the
17.
Parl.
of
K.
James
6.
declares
such
confusion
would
ensue
,
as
this
Realm
could
be
no
more
a
free
Monarchie
,
because
by
the
fundamentall
lawes
,
ancient
priviledges
,
offices
,
and
liberties
of
this
Kingdom
,
not
onely
the
Princely
Authority
of
his
Majesties
Royall
descent
hath
beene
these
many
ages
maintained
,
but
also
the
peoples
security
of
their
Lands
,
livings
,
rights
,
offices
,
liberties
,
and
dignities
preserved
.
And
therefore
for
the
preservation
of
the
said
true
Religion
,
Lawes
,
and
Liberties
of
this
Kingdom
,
it
is
statute
by
the
8.
Act
,
Parl.
1.
repeated
in
the
99.
Act
,
Parl.
7.
Ratified
in
the
23.
Act
,
Parl.
11.
and
114.
Act
,
Parl.
12.
of
K.
James
6.
and
4.
Act
of
K.
Charles
,
that
all
Kings
and
Princes
at
their
Coronation
and
reception
of
their
Princely
authority
,
shall
make
their
faithfull
promise
by
their
solemne
Oath
in
the
presence
of
the
Eternall
GOD
,
that
,
enduring
the
whole
time
of
their
lives
,
they
shall
serve
the
same
eternall
GOD
to
the
uttermost
of
their
power
,
according
as
he
hath
required
in
his
most
holy
Word
,
contained
in
the
Old
and
New
Testament
:
And
according
to
the
same
Word
,
shall
maintain
the
true
Religion
of
Christ
Jesus
,
the
preaching
of
his
holy
Word
,
the
due
and
right
ministration
of
the
Sacraments
now
received
and
preached
within
this
Realme
(
according
to
the
Confession
of
Faith
immediatly
preceding
)
and
shall
abolish
and
gain-stand
all
false
Religion
contrary
to
the
sme
,
and
shall
rule
the
people
,
committed
to
their
charge
,
according
to
the
will
and
command
of
GOD
,
revealed
in
his
foresaid
word
,
and
according
to
the
laudable
Lawes
and
Constitutions
received
in
this
Realme
,
no
wayes
repugnant
to
the
said
will
of
the
eternall
GOD
,
and
shall
procure
,
to
the
uttermost
of
their
power
,
to
the
Kirk
of
GOD
,
and
whole
Christian
people
,
true
and
perfect
peace
in
all
time
comming
:
and
that
they
shall
be
carefull
to
root
out
of
their
Empire
all
Hereticks
,
and
enemies
to
the
true
worship
of
GOD
,
who
shall
be
convicted
by
the
true
Kirk
of
GOD
,
of
the
foresaid
crimes
,
which
was
also
observed
by
his
Majestie
,
at
his
Coronation
at
Edinburgh
,
1633.
as
may
be
seen
in
the
Order
of
the
Coronation
.
IN
OBEDIENCE
to
the
commandement
of
God
,
conform
to
the
practise
of
the
godly
in
former
times
,
and
according
to
the
laudable
example
of
our
Worthy
and
Religious
Progenitors
,
and
of
many
yet
living
amongst
us
,
which
was
warranted
also
by
Act
of
Councell
,
commanding
a
generall
Band
to
bee
made
and
subscribed
by
his
Majesties
Subjects
,
of
all
ranks
,
for
two
causes
:
One
was
,
for
defending
the
true
Religion
,
as
it
was
then
reformed
,
and
is
expressed
in
the
Confession
of
Faith
,
above-written
,
and
a
former
large
Confession
established
by
sundry
acts
of
lawfull
General
Assemblies
,
and
of
Parliament
,
unto
which
it
hath
relation
set
down
in
publick
Catechismes
,
and
which
had
beene
for
many
yeares
with
a
blessing
from
Heaven
preached
,
and
professed
in
this
Kirk
and
kingdom
,
as
GODS
undoubted
Truth
,
grounded
onely
upon
his
written
Word
.
The
other
cause
was
,
for
maintaining
the
Kings
Majestie
,
his
Person
,
and
Estate
,
the
true
worship
of
GOD
,
and
the
Kings
authority
being
so
straitly
joyned
,
as
that
they
had
the
same
friends
,
and
common
enemies
,
and
did
stand
and
fall
together
.
And
finally
,
being
convinced
in
our
minds
,
and
confessing
with
our
mouths
that
the
present
and
succeeding
generations
in
this
Land
,
are
bound
to
keep
the
foresaid
Nationall
Oath
and
Subscription
inviolable
,
Wee
Noblemen
,
Barons
,
Gentlemen
,
Burgesses
,
Ministers
,
and
Commons
under-scribing
,
considering
divers
times
before
,
and
especially
at
this
time
,
the
danger
of
the
true
reformed
Religion
,
of
the
Kings
honour
,
and
of
the
publick
peace
of
the
Kingdome
,
by
the
manifold
innovations
and
evils
generally
contained
,
and
particularly
mentioned
in
our
late
supplications
,
complaints
,
and
protestations
,
doe
hereby
professe
,
and
before
GOD
,
his
Angels
,
and
the
world
,
solemnly
declare
,
that
with
our
whole
hearts
wee
agree
and
resolve
all
the
dayes
of
our
life
constantly
to
adhere
unto
,
&
to
defend
the
foresaid
true
religion
,
and
(
forbearing
the
practise
of
all
novations
,
already
introduced
in
the
matters
of
the
worship
of
GOD
,
or
approbation
of
the
corruptions
of
the
publick
government
of
the
Kirk
or
civill
places
and
power
of
Kirkmen
,
till
they
be
tryed
and
allowed
in
free
assemblies
,
and
in
Parliaments
)
to
labour
by
all
meanes
lawfull
to
recover
the
purity
and
liberty
of
the
Gospel
,
as
it
was
established
and
professed
before
the
foresaid
novations
:
And
because
after
due
examination
,
wee
plainely
perceive
,
and
undoubtedly
beleeve
,
that
the
innovations
and
evills
contained
in
our
Supplications
,
Complaints
,
and
Protestations
have
no
warrant
of
the
word
of
GOD
,
are
contrary
to
the
articles
of
the
foresaid
Confessions
,
to
the
intention
and
meaning
of
the
blessed
reformers
of
Religion
in
this
Land
,
to
the
above-written
acts
of
Parliament
,
and
doe
sensibly
tend
to
the
re-establishing
of
the
Popish
religion
and
tyranny
,
and
to
the
subversion
and
ruine
of
the
true
reformed
religion
,
and
of
our
liberties
,
lawes
and
estates
,
Wee
also
declare
that
the
foresaid
confessions
are
to
be
interpreted
,
and
ought
to
be
understood
of
the
foresaid
novations
and
evills
no
lesse
than
if
every
one
of
them
had
been
expressed
in
the
foresaid
confessions
,
and
that
wee
are
obliged
to
detest
and
abhorre
them
amongst
other
particular
heads
of
Papistry
abjured
therein
.
And
therefore
from
the
knowledge
and
consciences
of
our
duty
to
GOD
,
to
our
King
and
Countrey
,
without
any
worldly
respect
or
inducement
,
so
farre
as
humane
infirmity
will
suffer
,
wishing
a
further
measure
of
the
grace
of
GOD
for
this
effect
;
Wee
promise
,
and
sweare
by
the
Great
Name
of
the
Lord
our
GOD
,
to
continue
in
the
Profession
and
obedience
of
the
foresaid
Religion
,
That
wee
shall
defend
the
same
and
resist
all
these
contrary
errours
and
corruptions
,
according
to
our
vocation
,
and
to
the
uttermost
of
that
power
that
GOD
hath
put
in
our
hands
,
all
the
dayes
of
our
life
.
And
in
like
manner
with
the
same
heart
,
wee
declare
before
GOD
and
Men
,
that
wee
have
no
intention
nor
desire
to
attempt
any
thing
that
may
turn
to
the
dishonour
of
GOD
,
or
to
the
diminution
of
the
Kings
greatnesse
and
authority
:
But
on
the
contrary
,
wee
promise
and
sweare
,
that
wee
shall
,
to
the
uttermost
of
our
power
,
with
our
meanes
and
lives
,
stand
to
the
defence
of
our
dread
Soveraigne
the
Kings
Majestie
,
his
Person
,
and
Authority
,
in
the
defence
and
preservation
of
the
foresaid
true
Religion
,
Liberties
and
Lawes
of
the
Kingdome
:
As
also
to
the
mutuall
defence
and
assistance
,
every
one
of
us
of
another
,
in
the
same
cause
of
maintaining
the
true
Religion
,
and
his
Majesties
authority
,
with
our
best
counsell
,
our
bodies
,
meanes
,
and
whole
power
against
all
sorts
of
persons
whatsoever
;
So
that
whatsoever
shall
be
done
to
the
least
of
us
for
that
cause
,
shall
be
taken
as
done
to
us
all
in
generall
,
and
to
every
one
of
us
in
particular
.
And
that
wee
shall
neither
directly
nor
indirectly
suffer
our selves
to
be
divided
or
withdrawn
by
whatsoever
suggestion
,
allurement
,
or
terrour
from
this
blessed
and
loyall
Conjunction
,
nor
shall
cast
in
any
let
or
impediment
,
that
may
stay
or
hinder
any
such
resolution
as
by
common
consent
shall
be
found
to
conduce
for
so
good
ends
.
But
on
the
contrary
,
shall
by
all
lawfull
meanes
labour
to
further
and
promove
the
same
.
And
if
any
such
dangerous
and
divisive
motion
be
made
to
us
by
word
or
writ
,
wee
,
and
every
one
of
us
,
shall
either
suppresse
it
,
or
,
if
need
bee
,
shall
incontinent
make
the
same
known
,
that
it
may
be
timously
obviated
.
Neither
doe
wee
fear
the
foul
aspersions
of
rebellion
,
combination
,
or
what
else
our
adversaries
from
their
craft
and
malice
would
put
upon
us
,
seeing
what
wee
doe
is
so
well
warranted
,
and
ariseth
from
an
unfained
desire
to
maintain
the
true
worship
of
God
,
the
Majesty
of
our
King
,
and
peace
of
the
Kingdome
,
for
the
common
happinesse
of
our selves
,
and
the
posterity
.
And
because
wee
cannot
look
for
a
blessing
from
God
upon
our
proceedings
,
except
with
our
profession
and
subscription
wee
joyne
such
a
life
and
conversation
as
beseemeth
Christians
,
who
have
renewed
their
Covenant
with
God
;
Wee
therefore
faithfully
promise
,
for
our selves
,
our
followers
,
and
all
others
under
us
,
both
in
publike
,
in
our
particular
families
,
and
personall
carriage
,
to
endeavour
to
keepe
our selves
within
the
bounds
of
Christian
libertie
,
and
to
be
good
examples
to
others
of
all
Godlinesse
,
Sobernesse
,
and
Righteousnesse
,
and
of
every
duty
wee
owe
to
God
and
Man
.
And
that
this
our
Union
and
Conjunction
may
bee
observed
without
violation
,
Wee
call
the
living
GOD
,
the
Searcher
of
our
Hearts
,
to
witnesse
,
who
knoweth
this
to
be
our
sincere
Desire
,
and
unfained
Resolution
,
as
wee
shall
answer
to
JESUS
CHRIST
,
in
the
great
Day
,
and
under
the
pain
of
GODS
everlasting
wrath
,
and
of
infamie
,
and
losse
of
all
honour
and
respect
in
this
World
,
Most
humbly
beseeching
the
Lord
,
to
strengthen
us
by
his
holy
Spirit
for
this
end
,
and
to
blesse
our
desires
and
proceedings
with
a
happy
successe
,
that
Religion
and
Righteousnesse
may
flourish
in
the
Land
,
to
the
glory
of
GOD
,
the
honour
of
our
King
,
and
peace
and
comfort
of
us
all
.
In
witnesse
whereof
wee
have
subscribed
with
our
hands
all
the
premisses
.
The
article
of
this
Covenant
,
which
was
at
the
first
subscription
referred
to
the
determination
of
the
Generall
Assembly
being
determined
,
And
thereby
the
Five
articles
of
Perth
,
The
governement
of
the
Kirk
by
Bishops
,
The
civill
places
and
power
of
Kirkmen
upon
the
reasons
and
grounds
contained
in
the
Acts
of
the
Generall
Assembly
declared
to
be
unlawfull
within
this
Kirk
,
Wee
subscribe
according
to
the
determination
foresaid
.
ACT
VI
ACT
RESCISSORIE
.
THE
Estates
of
Parliament
presently
conveened
by
his
Majesties
special
authority
,
Considering
that
the
office
of
Bishops
and
Archbishops
,
and
all
other
prelates
,
the
civil
places
and
power
of
Kirkmen
,
as
their
voycing
and
ryding
in
Parliament
,
are
condemned
by
the
Assemblies
of
this
Kirk
,
And
considering
the
severall
acts
and
complaints
of
this
Kirk
unto
Parliaments
from
time
to
time
against
any
persons
,
especially
of
prelates
their
attempting
to
vote
or
doe
any
thing
in
name
of
the
Kirk
,
without
either
bearing
Office
in
the
Kirk
,
or
having
Commission
from
the
Kirk
,
with
her
frequent
supplications
to
the
Parliament
,
for
dissolving
of
all
prelacies
;
Considering
also
the
petition
of
the
Commissioners
of
the
late
General
Assembly
,
humbly
craving
the
rescission
of
all
Acts
of
Parliament
,
which
grants
to
the
Kirk
or
Kirkmen
,
of
whatsoever
sort
allowed
or
disallowed
,
as
representing
her
,
or
in
her
name
,
the
priviledge
of
ryding
&
voting
in
parliament
,
as
prejudicial
to
her
liberties
,
and
incompatible
with
her
spirituall
nature
,
declares
that
the
sole
&
onely
power
and
jurisdiction
within
this
Kirk
,
stands
in
the
Kirk
of
God
as
it
is
now
reformed
,
and
in
the
General
,
Provincial
,
Presbyterial
Assemblies
,
with
the
Sessions
of
the
Kirk
,
established
by
act
of
Parliament
in
June
1592.
cap.
1140.
which
act
the
saids
Estates
now
conveened
by
his
Majesties
speciall
indiction
,
warrant
and
authority
,
revives
and
renewes
in
the
whole
heads
,
points
,
and
articles
thereof
(
with
this
expresse
declaration
,
that
according
to
the
last
clause
in
the
Act
of
the
late
Generall
Assembly
of
the
17.
of
August
,
the
necessitie
of
occasional
Assemblies
be
first
remonstrate
to
his
Majestie
by
humble
supplication
)
to
stand
in
full
strength
as
a
perpetuall
law
in
all
time
comming
,
notwithstanding
of
whatsoever
acts
&
statutes
made
in
the
contrair
thereof
,
in
whole
or
in
part
,
which
the
Estates
conveened
,
as
said
is
,
casses
and
annuls
in
all
time
comming
,
and
declares
,
that
it
is
and
shall
be
lawfull
to
the
Presbyteries
of
this
Kirk
,
to
exact
and
receive
from
subjects
of
all
qualities
,
their
Oath
of
the
Confession
of
Faith
and
Covenant
,
with
the
Subscription
thereof
,
to
examine
Pedagogues
of
the
sons
of
Noblemen
,
passing
out
of
the
Countrey
,
to
give
them
Testimonials
,
according
to
former
Acts
of
Parliament
,
to
give
and
direct
admonitions
,
private
or
publick
,
to
persons
joyned
in
marriage
for
adherence
,
to
designe
manse
and
gleibs
to
ministers
,
to
appoint
stent-masters
for
reparation
of
Kirks
and
Kirk-yards
,
and
for
maintenance
of
the
Masters
of
Schooles
,
and
to
stent
the
parochioners
,
conforme
to
the
Act
of
parliament
,
to
admit
Ministers
upon
the
presentations
from
the
lawfull
Patrons
,
or
Jure
devoluto
,
which
shall
happen
hereafter
.
Or
unto
Kirks
which
fall
not
under
patronages
suchlike
and
as
freely
as
they
did
or
might
have
done
off
before
.
And
to
doe
all
and
whatsoever
things
which
before
pertained
to
Presbyteries
,
and
were
usurped
by
the
prelates
,
And
that
notwithstanding
of
whatsoever
acts
or
statutes
made
in
the
contrair
in
favours
of
Bishops
,
Archbishops
,
or
other
prelates
,
which
the
Estates
authorized
in
manner
foresaid
,
casses
and
annuals
.
And
specially
the
Estates
foresaids
casses
and
annuls
the
23.
Act
1597.
anent
the
Kirk
and
speciall
persons
and
prelates
voycing
in
Parliament
,
and
representing
the
third
Estate
,
the
2.
Act
1606.
anent
the
restitution
of
the
state
of
Bishops
,
and
their
representing
the
third
estate
,
the
8.
Act
1607.
anent
the
Chapter
of
S.
Andrewes
,
the
6.
Act.
1609.
anent
the
Commissariats
and
jurisdiction
given
to
Bishops
and
Archbishops
,
the
first
Act
1612.
anent
the
ratification
of
the
Acts
of
the
pretended
Assembly
of
Glasgow
,
1610.
the
first
and
second
Acts
1617.
anent
the
election
of
Bishops
and
restitution
of
Chapters
,
without
prejudice
alwaies
to
the
Ministers
,
serving
the
cure
of
any
emoluments
allowed
to
them
in
part
of
their
stipend
,
the
first
Act
1621.
anent
the
ratification
of
the
Articles
of
the
pretended
Assemby
holden
at
Perth
.
And
finally
,
the
Estates
foresaid
,
conveened
by
authority
,
rescindes
and
annulls
all
and
whatsoever
Acts
of
Parliament
,
Lawes
,
and
Constitutions
,
in
so
far
as
they
derogate
,
and
are
prejudiciall
to
the
spirituall
nature
,
jurisdiction
,
discipline
,
and
priviledges
of
this
Kirk
,
or
of
her
Generall
,
Provinciall
,
Presbyteriall
Assemblies
,
and
Kirk-sessions
,
and
so
far
as
they
are
conceived
in
favours
of
Archbishops
,
Bishops
,
Abbots
,
Priors
,
and
others
,
Prelates
or
Kirkmen
whatsoever
,
their
dignity
,
title
,
power
,
jurisdiction
and
estate
in
this
Kirk
and
Kingdome
,
or
in
favours
of
the
civill
places
and
power
of
Kirkmen
,
of
whatsoever
sort
allowed
or
dis-allowed
,
for
their
riding
,
sitting
,
and
voycing
in
Parliament
,
either
as
Kirkmen
,
or
the
clergy
,
or
in
name
of
the
Kirk
,
or
as
representing
the
Kirk
,
either
in
regard
of
their
Ecclesiastick
titles
,
offices
,
places
,
and
dignities
,
or
in
regard
of
the
temporality
or
spirituality
of
their
Ecclesiastick
benefices
,
or
other
pretext
whatsoever
,
with
all
acts
and
constitution
of
convention
,
counsell
,
or
session
,
or
other
Judicatory
whatsoever
,
and
all
practises
and
customes
whatsoever
,
introduced
in
favours
of
the
saids
offices
,
titles
,
benefices
,
or
persons
provided
thereto
;
And
declares
all
persons
civill
or
ecclesiasticall
,
censured
,
deprived
,
confined
,
or
banished
,
by
vertue
of
whatsoever
acts
,
decreets
,
or
sentences
,
given
and
pronounced
by
the
saids
Archbishops
and
Bishops
,
or
others
their
colleagues
and
associats
in
their
Ecclesiasticall
courts
,
holden
by
vertue
of
the
acts
foresaids
,
or
any
of
them
,
or
by
vertue
of
the
pretended
high
Commission
,
and
all
acts
interponed
thereto
,
against
the
persons
foresaids
,
for
not
obedience
of
the
foresaids
Acts
,
or
any
of
them
which
are
now
repealed
,
as
said
is
,
or
for
not
acknowledging
their
saids
courts
;
or
for
their
pretended
contumacy
,
and
not
compearance
to
answer
before
them
,
To
be
null
,
and
of
none
avail
,
force
,
nor
effect
,
and
the
foresaids
persons
to
be
restored
and
reponed
against
the
same
,
such
like
as
if
the
samine
had
never
been
given
nor
pronounced
.
ACT
VII
ACT
FOR
PLANTING
OF
KIRKES
Unprovided
with
Ministers
through
the
Patrons
default
.
THE
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
authority
,
Considering
the
lamentable
condition
of
a
great
number
of
Congregations
,
lying
destitute
of
Ministers
,
since
the
assembly
at
Edinburgh
,
and
before
,
by
the
negligence
of
Patrons
and
others
,
having
interest
,
to
the
great
prejudice
of
the
Gospel
,
Therefore
do
require
the
Presbyteries
,
with
consent
of
the
Parochins
,
with
all
diligence
to
plant
these
vacant
Kirks
,
which
by
the
oversight
of
any
Patrons
whatsoever
,
have
lyen
six
moneths
unprovided
.
And
ordain
the
Lords
of
Session
to
give
forth
sentences
and
letters
in
the
ordinary
forme
,
for
payment
of
the
former
stipends
of
these
Kirks
,
to
such
as
the
Presbyteries
shall
admit
,
or
have
already
admitted
to
the
office
and
cure
of
the
ministery
in
these
Kirks
,
with
consent
of
the
Parochins
,
as
said
is
,
while
the
samine
former
stipends
of
these
Kirks
be
changed
by
the
Lawes
of
the
Countrey
.
And
it
is
alwaies
declared
,
that
this
admission
,
standing
good
for
the
present
intrants
their
time
,
is
and
shal
be
without
prejudice
to
the
right
of
patronage
belonging
to
his
Majesty
,
or
to
any
other
Kirk-patron
whatsoever
whensoever
their
Kirks
shall
fall
to
vaike
.
ACT
VIII
.
ACT
ANENT
ADMISSION
OF
Ministers
to
Kirks
which
belonged
to
Bishopricks
.
THE
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
authority
,
Considering
that
the
right
of
patronage
and
power
of
presenting
of
Ministers
to
divers
Kirks
within
this
Realme
,
have
been
acclaimed
and
possessed
by
the
sometime
pretended
Bishops
and
Archbishops
within
this
Kingdome
,
by
vertue
of
the
2.
Act
of
Parliament
1606.
anent
the
restitution
of
the
estate
of
Bishops
,
or
by
some
other
right
,
or
pretence
of
right
,
to
the
very
great
grief
and
prejudice
of
this
Kirk
,
her
just
liberty
and
possession
since
the
Reformation
,
by
Superintendents
,
and
the
Commissioners
of
the
Kirk
before
the
erection
of
Presbyteries
.
And
since
by
Presbyteries
themselves
,
who
have
been
respective
in
possession
,
for
providing
and
planting
of
all
Kirks
within
this
Kingdome
,
belonging
to
the
Bishopricks
,
And
that
even
since
their
annexation
1587.
upon
the
sute
and
calling
of
the
Congregations
and
Paroches
,
where
the
Ministers
were
to
serve
in
the
function
of
the
Ministerie
,
which
is
most
evident
by
the
7.
act
of
the
1.
Parliament
of
our
dearest
father
,
in
the
yeare
1567.
and
by
the
assignation
to
Ministers
of
stipends
,
out
of
the
thirds
of
benefices
,
and
letters
of
horning
constantly
used
to
bee
direct
by
deliverance
of
the
Lords
of
Session
upon
the
provisions
and
admissions
of
Ministers
to
the
saids
stipends
out
of
the
thirds
of
benefices
by
Superintendents
,
Commissioners
of
the
Kirk
and
Presbyteries
respectivè
without
any
presentation
at
all
,
both
before
and
since
the
act
of
annexation
1587.
whereby
the
Ministers
so
provided
and
admitted
did
brook
and
enjoy
the
fruits
and
rents
assigned
,
and
their
stipends
during
their
life
time
,
and
many
of
them
yet
living
doe
still
brook
and
enjoy
the
same
.
And
suchlike
,
the
foresaid
priviledge
and
the
right
of
the
Kirk
is
evident
by
divers
Acts
of
her
Generall
Assemblies
made
thereanent
,
and
by
her
frequent
grievances
against
the
usurpation
of
Prelats
and
others
,
upon
her
said
right
and
possession
,
and
especially
by
her
protestation
against
the
foresaid
two
Acts
of
Parliament
of
King
Iames
the
6.
his
Majesties
Umwhile
dearest
father
,
holden
in
the
yeare
1606.
whereby
the
Prelats
pretended
right
of
patronages
,
and
advocations
of
Kirks
,
and
defrauded
the
Kirk
thereof
.
And
now
seeing
the
said
Act
of
that
Parliament
in
the
yeare
1606.
is
rescinded
,
cassed
,
and
annulled
in
this
present
Parliament
,
and
it
is
most
reasonable
,
that
the
Kirk
be
restored
now
after
the
abolition
of
the
Estate
of
Bishops
,
to
the
wonted
rights
,
priviledges
and
liberties
which
she
had
,
and
was
in
possession
of
before
the
restitution
of
Bishops
;
Therefore
the
saids
Estates
of
Parliament
conveened
,
as
said
is
,
decernes
,
statutes
and
ordaines
,
that
according
to
the
said
7.
Act
of
the
first
Parliament
of
the
Kings
Majesties
Umwhile
dearest
father
,
the
full
power
of
providing
of
all
Ministers
to
Kirks
,
which
the
saids
pretended
Bishops
have
been
in
use
to
provide
,
since
the
said
Act
of
their
restitution
1606.
shall
hereafter
belong
and
appertaine
to
the
Kirk
:
and
that
in
all
time
coming
,
Presbyteries
(
who
are
now
in
place
of
Superintendents
and
Commissioners
of
the
Kirk
)
within
their
severall
jurisdictions
,
shall
provide
and
admit
Ministers
to
all
these
vacand
Kirks
,
which
before
were
acclaimed
by
the
foresaids
Bishops
,
by
the
said
Act
of
restitution
1606.
to
the
fruits
and
stipends
thereof
,
but
prejudice
alwayes
to
any
patronages
of
Kirks
,
which
belong
either
to
the
Kings
Majesty
,
or
to
any
Laick
patron
,
or
to
any
Nobleman
,
Baron
,
or
Burgesse
right
and
possession
before
these
late
troubles
,
and
but
prejudice
of
the
interest
of
the
paroches
,
according
to
the
Acts
and
practise
of
the
Kirk
since
the
Reformation
:
And
declares
that
the
said
provision
and
admission
with
collation
and
institution
following
thereupon
,
shall
be
a
sufficient
right
and
title
for
the
Intrant
to
possesse
and
enjoy
the
whole
fruits
,
rents
and
stipends
whatsoever
belonging
to
the
Kirk
,
and
to
the
Ministers
serving
the
cure
thereat
.
And
ordaines
the
Lords
of
Session
,
and
all
other
Judges
competent
,
to
give
out
decreets
and
sentences
,
letters
conforme
,
horning
,
and
inhibition
,
and
all
other
executorialls
upon
the
said
provision
and
admission
of
Ministers
by
Presbyteries
,
collation
and
institution
following
thereupon
,
suchlike
as
they
are
in
use
to
doe
upon
collation
and
institution
,
following
upon
presentations
from
lawfull
patrons
.
ACT
IX
.
ACT
DISCHARGING
THE
GOING
OF
Salt-pans
and
Mylnes
upon
the
Sabbath
day
.
FOrsamekle
as
the
Estates
of
Parliament
presently
conveened
by
His
Majesties
speciall
authority
,
Considering
that
GODS
publick
worship
upon
the
Sabbath
day
is
hindered
,
and
the
Sabbath
day
prophaned
by
the
going
of
Mylnes
and
Salt-pans
upon
the
Sunday
;
For
remeed
hereof
,
the
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
authority
,
discharges
and
prohibites
all
Salt-pans
and
Mylnes
within
this
Kingdom
,
from
all
going
,
grinding
,
making
of
Salt
,
or
any
wayes
working
upon
the
Sunday
in
any
time
hereafter
:
And
ordaines
the
Salters
,
Millers
,
and
other
servants
in
the
saids
Mylnes
and
Salt-pans
,
to
attend
GODS
publick
worship
every
Sunday
hereafter
,
under
the
paines
and
censures
contained
in
the
Acts
of
the
Assembly
,
or
other
Kirk-Acts
set
down
hereanent
.
To
the
which
Acts
,
the
saids
Estates
of
Parliament
interpones
the
civil
sanction
and
authority
of
Parliament
for
the
better
execution
thereof
.
ACT
X.
ACT
DISCHARGING
SALMOND-fishing
on
Sunday
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
authority
,
Considering
the
great
abuse
and
prophanation
of
the
Sabbath
day
,
occasioned
by
the
fishing
of
Salmond
upon
that
day
,
whereby
many
people
are
with-holden
from
divine
exercise
,
&
are
imployed
in
the
ordinary
works
of
their
calling
,
or
other
wayes
have
opportunity
to
mis-spend
their
time
in
unlawfull
actions
,
contrary
to
the
Law
of
GOD
,
and
Acts
of
this
reformed
Kirk
:
Therefore
,
for
remeed
thereof
in
all
time
comming
,
inhibites
and
discharges
all
manner
of
Salmond-fishing
upon
the
Sabbath
day
,
under
the
paine
to
the
contraveeners
,
to
be
punished
as
breakers
of
the
Sabbath
day
,
by
the
confiscation
of
the
nets
and
fish
to
the
behoofe
of
the
poore
.
ACT
XI
.
ACT
AGAINST
PAPISTS
.
THE
Estates
of
Parliament
now
presently
conveened
by
his
Majesties
speciall
authority
,
ratifies
and
approves
all
and
whatsoever
acts
and
statutes
of
Parliament
,
Convention
,
or
Secret
Councell
,
made
against
Papists
,
against
sayers
and
hearers
of
Masse
,
and
against
Jesuits
,
Seminary
Priests
,
and
against
excommunicate
persons
for
papistry
,
or
for
resetting
of
Jesuits
and
excommunicate
Papists
,
and
against
the
resetters
of
the
foresaids
persons
,
or
any
of
them
,
in
the
whole
heads
and
articles
thereof
;
And
specially
but
prejudice
of
the
generality
foresaid
,
ratifies
and
approves
the
Act
of
Parliament
made
by
his
Majesties
Father
of
blessed
memory
,
Parl.
13.
cap.
164.
and
Parl.
14.
cap.
193.194
.
and
the
Act
made
Parl.
20.
cap.
5.
in
the
whole
heads
and
articles
thereof
;
And
declares
,
that
witting
and
wilfull
resetting
of
the
persons
foresaids
,
shall
be
understood
to
be
committed
by
these
,
who
(
after
lawful
intimation
to
be
made
at
the
head
Burgh
of
the
Shire
where
they
dwell
and
make
their
residence
for
the
most
part
,
and
at
the
market
Crosse
of
Edinburgh
,
of
the
names
of
the
Jesuits
,
Seminary
Priests
,
and
excommunicate
persons
for
the
causes
foresaid
)
resets
the
persons
foresaids
by
the
space
of
three
nights
together
,
or
three
nights
at
several
times
(
which
is
the
manner
of
intimation
prescribed
by
the
said
13.
Parl.
cap.
164.
and
by
the
said
Parl.
20.
cap.
59.
and
that
the
persons
resetters
in
manner
foresaid
,
shall
be
lyable
to
the
paine
and
punishment
contained
in
the
said
Acts
,
without
farther
verifying
of
their
notice
and
knowledge
except
the
intimation
foresaid
.
And
also
declares
,
that
the
saids
Acts
of
Parliament
ratified
,
as
said
is
,
shall
comprehend
not
onely
men
,
but
women
of
all
quality
,
and
that
they
and
their
resetters
shall
be
lyable
to
the
paines
therein
contained
.
And
such
like
,
the
Estates
ratifies
and
approves
the
act
of
Parliament
made
by
his
Majesties
Father
,
Parl.
16.
Cap.
17.
intituled
Act
anent
non-Communicants
,
and
ordaines
every
person
non-communicant
,
to
be
lyable
to
the
paines
therein
contained
.
And
wills
and
ordaines
all
Ministers
within
their
Parochins
,
and
all
Presbyters
within
their
Presbyteries
to
take
tryall
and
cognition
of
the
premisses
,
and
that
as
fully
as
the
Bishops
or
Archbishops
might
have
done
by
the
foresaids
acts
or
any
of
them
;
And
abrogates
the
saids
acts
in
so
far
as
any
power
is
thereby
granted
to
the
said
Archbishops
and
Bishops
anent
the
premisses
.
ACT
XII
.
ACT
DISCHARGING
THE
ZULE
VAcance
,
and
appointing
the
Session
to
sit
downe
the
first
of
November
,
and
rise
the
last
of
February
;
and
thereafter
to
sit
downe
the
first
of
June
,
and
rise
the
last
of
July
yearely
.
THE
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
authoritie
,
Understanding
that
the
Kirke
within
this
Kingdome
,
is
now
purged
of
all
superstitious
observation
of
dayes
;
And
herewith
also
considering
that
the
keeping
of
the
Zule
vacance
hath
not
only
relation
to
that
superstition
,
and
may
serve
to
keep
the
famine
in
memory
,
but
also
that
the
keeping
of
the
said
Zule
vacance
,
hath
interrupted
the
course
of
Justice
in
this
Kingdome
,
to
the
hinderance
&
heavie
prejudice
of
the
lieges
therof
.
Therefore
the
saids
estates
have
discharged
,
and
simply
discharges
the
foresaid
Zule
vacance
,
and
all
observation
thereof
in
time
comming
,
and
rescindes
and
annulls
all
acts
,
statutes
,
warrants
and
ordinances
whatsoever
,
granted
at
any
time
heretofore
,
for
keeping
of
the
said
Zule
vacance
,
with
all
custome
of
observation
thereof
,
And
findes
and
declares
the
famine
to
be
extinct
,
voyde
,
and
of
no
force
nor
effect
in
time
comming
.
And
ordaines
the
Court
and
Session
of
the
Colledge
of
Justice
,
and
Senatours
and
members
thereof
,
to
conveene
and
sit
for
the
administration
of
Justice
,
without
any
interruption
by
the
foresaid
Zule
vacance
,
from
the
first
day
of
November
to
the
last
day
of
February
thereafter
inclusive
yearely
.
And
ordaines
the
saids
Senatours
and
remanent
members
of
the
Colledge
of
Justice
,
to
rise
the
said
last
day
of
February
,
and
to
conveene
,
and
sit
downe
againe
for
administration
of
Justice
to
the
Lieges
,
the
first
day
of
June
yearly
,
and
to
rise
the
last
day
of
July
next
thereafter
inclusive
.
And
also
ordaines
the
whole
remanent
Judges
of
inferiour
Courts
within
the
Kingdome
,
to
proceed
in
the
administration
of
Justice
within
their
severall
jurisdictions
,
without
any
respect
to
the
said
Zule
vacance
,
and
without
any
interruption
or
vacation
by
the
same
Zule
vacance
,
notwithstanding
of
any
by-gone
custome
of
observation
of
the
said
Zule
vacance
,
seeing
the
famine
is
now
discharged
in
manner
foresaid
.
ACT
XIII
.
ACT
DISCHARGING
THE
MUNDAY
Market
in
Edinburgh
,
Jedburgh
,
Drumfreis
,
Brechin
,
and
Glasgow
.
FOrsameekle
as
the
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
authority
,
are
informed
and
understand
,
that
travelling
upon
the
Sunday
,
and
the
prophanation
of
that
day
is
greatly
occasioned
by
the
Markets
holden
weekly
upon
the
Munday
in
Edinburgh
,
Jedburgh
,
Drumfreis
,
Brechin
,
and
Glasgow
,
and
that
the
Leiges
resorting
from
the
Countrey
to
the
saids
Markets
upon
the
Munday
,
are
distracted
from
Gods
publick
worship
and
service
upon
the
Sunday
,
and
are
constrained
to
travell
all
the
Sunday
,
for
keeping
of
the
Munday
Markets
respective
foresaids
;
For
remeed
whereof
,
the
saids
Estates
of
Parliament
have
discharged
,
and
simply
discharges
all
Markets
upon
Munday
,
to
be
any
wayes
keeped
in
the
Burghs
of
Jedburgh
,
Drumfreis
,
and
Brechin
in
time
comming
.
And
appoints
,
changes
and
ordaines
the
famine
Markets
which
were
in
time
by-gone
keeped
and
holden
weekly
upon
the
Munday
in
the
saids
Burghs
of
Jedburgh
,
Drumfreis
,
and
Brechin
,
to
be
hereafter
keeped
and
holden
in
Jedburgh
weekly
upon
Tuesday
,
and
in
Drumfreis
and
Brechin
weekly
upon
Wednesday
.
And
also
the
saids
Estates
of
Parliament
foresaids
,
discharges
all
Markets
within
the
Burgh
of
Glasgow
,
to
be
keeped
or
holden
hereafter
upon
the
Munday
,
or
selling
,
buying
,
and
making
Market
of
Horses
,
and
other
quick
bestiall
,
Meale
brought
to
Glasgow
Market
upon
Munday
from
Burrows-townes
,
as
Stirling
,
Falkirk
,
and
other
remote
places
,
where
men
may
not
come
from
their
owne
houses
in
the
morning
to
the
houre
of
the
Market
with
their
saids
Commodities
.
Item
,
the
Beere-Market
,
and
all
crafts-mens
work
brought
to
be
sold
in
Market
,
aswel
by
free
as
unfree
persons
.
Item
,
all
Market
for
Salt
,
brought
from
the
Salt-pans
upon
Forth
,
the
Market
for
salt
Butter
,
keeping
Cheese
,
and
Timber
of
all
sorts
,
which
is
brought
up
the
river
of
Clide
to
the
town
of
Glasgow
,
And
ordains
and
appoints
the
Market
for
the
particular
goods
foresaids
,
to
be
keeped
hereafter
weekly
within
the
Burgh
of
Glasgow
upon
the
Wednesday
.
And
in
like
manner
,
the
saids
Estates
of
Parliament
,
discharges
all
Market
to
be
keeped
and
holden
hereafter
within
the
Burgh
of
Edinburgh
upon
the
Munday
,
for
Wool
,
Butter
,
Cheese
,
Skinnes
,
Hides
,
Shoone
.
And
generally
discharges
all
markets
in
Edinburgh
upon
Munday
of
all
unfree-mens
work
,
brought
in
to
bee
sold
in
Edinburgh
upon
the
Munday
in
any
time
hereafter
,
but
ordaines
and
appoints
the
market
of
these
goods
and
marchandise
particularly
and
generally
before
rehearsed
,
to
bee
kept
and
holden
weekly
upon
the
Wednesday
within
the
said
Burgh
of
Edinburgh
in
time
comming
,
in
the
same
manner
,
and
as
freely
in
all
respects
,
as
the
market
thereof
hath
beene
kept
on
the
Munday
in
times
bygone
.
And
therefore
ordaines
the
Leiges
to
keep
and
attend
the
saids
market
dayes
respective
before
rehearsed
,
as
the
samine
are
now
appointed
to
bee
kept
within
the
Burghs
of
Edinburgh
,
Glasgow
,
Jedburgh
,
Drumfreis
,
and
Brechin
,
and
to
resort
and
repaire
thereto
weekly
as
they
shall
have
occasion
,
suchlike
and
in
the
same
manner
as
they
were
in
use
to
repaire
to
the
Munday
markets
within
the
saids
Burghes
before
the
discharging
thereof
:
And
also
ordains
the
Magistrates
of
the
saids
Burghes
,
to
see
the
markets
kept
and
holden
in
their
saids
Burghs
,
upon
the
dayes
hereby
appointed
,
and
that
no
markets
bee
kept
upon
the
Mundayes
for
the
goods
hereby
discharged
in
time
coming
.
And
last
,
the
saids
Estates
of
Parliament
discharges
and
prohibits
all
markets
and
trysts
to
be
kept
hereafter
upon
Sunday
throughout
all
this
kingdome
,
and
discharges
all
the
Lieges
from
all
keeping
thereof
upon
Sunday
hereafter
,
and
ordaines
this
Act
to
stand
in
full
force
as
a
law
while
the
next
assembly
,
that
the
inconveniences
redounding
hereby
to
the
Lieges
,
being
represented
to
that
Assembly
,
the
Assembly
may
consider
thereof
,
and
as
they
finde
the
same
sufficient
,
they
may
supplicate
the
next
ensuing
Parliament
,
to
rescind
this
Act
in
whole
,
or
in
part
,
as
after
triall
it
shall
be
found
hurtful
to
the
Lieges
.
ACT
XIV
.
ACT
FOR
TAKING
ORDER
WITH
THE
Abuses
committed
on
the
Sunday
by
the
confluence
of
people
for
hyring
of
shearers
on
Sunday
.
FOrsamekle
as
the
prophanation
of
the
Sunday
is
greatly
occasioned
in
the
time
of
harvest
by
the
great
confluence
of
people
to
publick
places
;
as
ports
,
or
streets
of
townes
,
and
paroch
Kirkes
of
Landward
everie
Sunday
,
from
morning
to
preaching
time
,
for
hyring
shearers
the
week
following
,
whereof
there
ariseth
also
sundry
tumults
,
disorders
,
swearing
,
drinking
,
and
often
fighting
,
on
the
Sabbath
day
;
For
remeed
hereof
the
Estates
of
Parliament
presently
conveened
by
his
Majesties
special
authority
refers
and
remits
the
samine
to
be
taken
order
with
,
to
the
Justices
of
peace
,
and
Kirk
Sessions
,
where
the
abuse
shall
be
committed
hereafter
by
the
coufluence
of
the
said
people
and
hyring
of
the
saids
shearers
upon
the
Sunday
,
as
said
is
,
as
the
saids
Justices
of
peace
and
Kirk
Sessions
shall
find
the
saids
abuses
then
to
be
committed
,
to
deserve
.
ACT
XV.
FOR
DIRECTING
LETTERS
OF
HORNING
And
Caption
by
the
Lords
of
Session
against
the
excommunicate
Prelates
,
and
all
other
excommunicate
persons
.
THe
Estates
of
Parliament
conveened
by
his
Majesties
speciall
authoritie
,
Considering
the
necessitie
of
reviving
and
putting
in
execution
the
53.
Act
of
the
third
Parliament
of
King
Iames
the
sixth
,
Anent
Letters
of
horning
and
caption
to
follow
upon
excommunication
of
the
Kirk
after
fourtie
daies
,
Renews
and
revives
the
said
Act
of
Parliament
,
and
ordaines
the
Lords
of
Session
to
grant
Letters
and
other
Executorials
against
the
excommunicate
Prelates
,
and
all
other
excommunicate
persons
.
ACT
XVI
ANENT
THE
LARGE
DECLARATION
,
Or
,
MANIFESTO
.
THe
Estates
of
Parliament
conveened
by
his
Majesties
speciall
Authoritie
,
Considering
that
the
supplication
of
the
late
generall
Assembly
to
his
Majesties
Commissioner
,
against
a
book
called
,
A
large
Declaration
,
as
followeth
,
was
presented
unto
Us
by
the
Commissioners
of
the
Kirk
,
and
recommended
to
his
Majesties
Commissioner
,
for
obtaining
from
his
Majesties
Justice
and
Goodnesse
the
desire
thereof
:
And
as
the
said
Book
was
examined
by
the
appointment
of
the
Assembly
,
and
found
to
be
dishonourable
to
God
and
his
true
Religion
,
to
this
Kirk
and
Kingdome
,
to
the
Kings
Majesty
,
and
to
the
Marques
of
Hammiltoun
then
his
Majesties
Commissioner
,
and
divers
others
persons
therein
,
and
to
be
full
of
lies
,
in
averring
known
untruths
,
in
wilfull
concealing
and
perverting
many
truths
,
in
wresting
of
intentions
,
words
,
and
actions
,
as
is
particularly
contained
in
the
censure
of
the
book
,
registrate
in
the
Registers
of
Assembly
:
So
they
having
re-examined
the
same
,
declares
their
judgement
to
be
the
same
there-anent
:
And
therefore
ordaines
the
Authours
and
Spreaders
thereof
to
bee
most
severely
punished
according
to
the
Lawes
of
this
Kingdome
,
against
liesing-makers
betwixt
the
Kings
Majesty
and
his
Subjects
,
slanderers
of
the
King
and
Kingdome
,
and
raisers
of
sedition
and
discord
betwixt
them
,
that
all
others
may
be
deterred
from
such
dangerous
courses
,
Gods
honour
may
be
vindicate
,
the
innocencie
of
this
Kirk
and
Kingdome
,
and
his
Majesties
Justice
and
goodnesse
may
appeare
,
not
onely
in
censuring
such
Malefactors
,
but
in
discouraging
all
such
underminers
of
his
Majesties
Throne
,
and
abusers
of
his
Royall
Name
,
by
prefixing
the
same
to
such
scandalous
and
dishonourable
Treatises
.
ACT
XVII
STATUTARIE
APPOINTING
PARLIAments
to
be
holden
once
every
three
yeare
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authoritie
;
Considering
that
by
reason
of
his
Majesties
ordinary
residence
forth
of
this
his
ancient
and
native
Kingdome
,
the
grievances
and
complaints
of
his
good
Subjects
cannot
have
so
free
and
easie
accesse
to
his
Majesties
eares
,
as
the
same
may
be
conveniently
represented
to
his
Majesties
Commissioners
,
and
the
Estates
of
Parliament
from
time
to
time
,
and
how
necessary
it
is
that
frequent
Parliaments
be
keeped
within
this
Kingdome
for
preservation
of
the
puritie
of
the
true
Religion
now
by
Gods
providence
established
within
the
same
,
and
for
the
equall
and
impartiall
administration
of
Justice
to
all
his
Majesties
Subjects
,
and
maintaining
of
peace
and
concord
amongst
them
,
by
applying
of
the
true
and
lawfull
remedies
to
their
grievances
and
complaints
,
and
timous
suppressing
of
all
abuses
and
corruptions
,
which
otherwayes
from
small
beginnings
will
grow
to
great
disorders
,
(
which
frequent
Parliaments
were
continually
observed
in
this
Kingdome
before
his
Majesties
Father
,
of
happie
memorie
,
went
into
England
;
)
Have
statute
and
ordained
that
every
three
yeare
,
once
at
least
a
full
and
free
Parliament
shall
be
holden
(
and
oftner
as
his
Majestie
shall
be
pleased
to
call
them
)
within
the
bounds
of
this
Kingdome
,
in
the
most
commodious
place
and
convenient
time
to
be
thought
upon
,
appointed
and
affixed
by
his
Majestie
or
his
Commissioner
for
the
time
,
and
the
Estates
of
Parliament
,
before
the
ending
and
closing
of
every
Parliament
,
and
to
be
the
last
Act
thereof
.
And
the
whole
Estates
wisheth
,
that
as
it
was
their
happinesse
to
have
his
Majesties
presence
at
all
Parliaments
,
while
the
King
had
his
residence
in
this
Kingdome
,
so
that
his
Majestie
would
be
pleased
to
be
present
at
each
Parliament
,
and
they
humbly
supplicate
his
Majestie
for
that
effect
.
ACT
XVIII
.
ANENT
THE
KEEPERS
OF
THE
CASTLES
Of
Edinburgh
,
Striveling
,
and
Dumbartane
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authority
;
Considering
that
the
commandement
of
the
Castle
of
Edinburgh
,
wherein
the
most
part
of
the
publike
Registers
and
Records
,
and
the
Honours
of
the
Kingdome
are
keeped
;
and
siclike
the
commandement
of
the
Castle
of
Striviling
and
Dumbartane
,
being
a
charge
of
great
weight
and
importance
,
concerning
as
well
the
Kings
Majesties
honour
and
safetie
,
as
the
securitie
and
safetie
of
this
whole
Kingdome
,
ought
not
to
be
committed
but
to
such
persons
,
as
are
knowne
and
approved
by
the
whole
course
of
their
life
,
to
be
true
and
faithfull
Subjects
to
his
Majesty
,
and
trustie
and
well
affected
Countrey-men
,
loving
,
and
tendering
the
peace
,
prosperitie
,
and
good
of
this
whole
Kingdome
,
and
the
preservation
and
advancement
of
the
true
reformed
Religion
,
now
therein
by
Gods
providence
established
and
professed
,
and
intertaining
of
Unitie
betwixt
the
King
and
his
good
Subjects
:
Have
therefore
statute
and
ordained
,
and
hereby
statutes
and
ordains
that
the
custody
and
keeping
of
the
saids
Castles
shall
be
only
intrusted
to
such
persons
as
are
natives
,
borne
and
bred
within
this
Kingdome
,
known
and
esteemed
to
be
of
the
qualitie
foresaid
,
without
exception
,
and
who
before
their
entrie
and
admission
to
whatsoever
charge
,
place
,
or
service
within
the
said
Castles
,
or
any
of
them
,
either
as
Captaines
,
Constables
,
Commanders
,
Souldiers
,
or
Servants
within
the
same
,
shall
be
bound
and
oblisht
by
a
solemne
oath
to
be
given
and
made
by
them
,
and
every
one
of
them
,
to
make
faith
that
they
shall
faithfully
employ
whatsoever
power
,
charge
,
or
service
committed
,
or
that
shall
be
committed
to
them
within
the
saids
Castles
,
or
any
of
them
,
so
far
as
they
can
,
or
in
them
lyes
,
to
the
Kings
Majesties
honour
and
safetie
,
to
the
peace
,
safetie
,
good
,
and
prosperitie
of
this
Kingdome
,
and
common-wealth
,
and
to
the
preservation
and
advancement
of
the
true
reformed
Religion
therein
presently
established
and
professed
,
as
they
will
answere
to
God
:
Like
as
incase
it
shall
happen
any
of
the
persons
foresaids
,
to
doe
or
attempt
any
thing
contrarie
to
the
premisses
,
or
any
part
thereof
;
It
is
statute
and
declared
that
they
shall
be
punished
with
all
rigour
,
as
Traitours
and
common
enemies
to
the
King
and
Countrey
:
And
farther
,
That
the
Captaines
and
Commanders
of
the
saids
Castles
,
shall
be
chosen
by
his
Majestie
from
time
to
time
by
advice
of
the
Estates
of
Parliament
,
and
that
such
as
shall
happen
to
be
placed
therein
betwixt
Parliaments
,
shall
be
first
tryed
and
found
by
his
Majesties
Councell
to
be
of
the
qualitie
above-exprest
,
and
shall
have
the
charge
thereof
only
,
to
the
next
ensuing
Parliament
,
by
the
which
they
shall
of
new
be
tryed
and
allowed
,
or
otherwise
his
Majestie
shall
place
others
therein
by
the
advice
of
the
Estates
,
as
said
is
:
Alwayes
without
prejudice
of
the
Earle
of
Mar
his
heritable
right
of
the
keeping
of
the
Castle
of
Striviling
.
ACT
XIX
.
ANENT
PRODUCTION
OF
THE
REGIsters
and
Records
of
Parliament
to
the
first
Session
of
each
Parliament
.
THe
Estates
of
Parliament
now
presently
conveened
by
his
Majesties
speciall
Authoritie
,
Considering
that
for
the
better
clearing
and
resolving
of
all
doubts
and
difficulties
,
which
may
arise
in
Parliaments
,
anent
such
matters
as
shall
be
brought
in
before
them
,
It
is
very
necessar
that
they
have
inspection
of
the
Books
,
Registers
,
and
Records
of
Parliaments
,
as
they
shall
have
occasion
to
make
use
thereof
;
Have
statute
and
ordained
that
in
all
times
comming
the
Clerke
of
Register
and
his
Deputes
,
and
such
others
,
who
for
the
time
shall
happen
to
have
the
charge
,
keeping
,
or
power
of
any
of
the
saids
Registers
or
Records
,
shall
be
holden
to
exhibite
and
produce
the
same
,
as
they
shall
be
required
by
the
Estates
in
time
of
Parliament
,
that
they
may
have
the
use
and
inspection
thereof
upon
all
occasions
,
as
they
shall
thinke
expedient
for
clearing
of
whatsoever
difficulties
:
And
siclike
that
the
Clerk
of
Register
,
or
some
having
power
from
him
,
and
intrusted
with
the
keeping
of
the
Registers
,
shall
be
present
at
all
times
,
and
shall
be
ready
to
give
extracts
to
the
Lieges
in
their
particular
affaires
,
upon
their
reasonable
charges
,
and
expenses
,
and
both
these
under
the
paine
of
deprivation
of
the
party
contraveening
any
of
the
saids
members
of
the
Acts
,
or
to
be
otherwayes
more
mildely
or
severely
punished
,
as
the
Parliament
shall
finde
the
fault
to
demerit
.
ACT
XX.
DISCHARGING
ALL
PROXIES
TO
BE
Admitted
in
Parliament
,
and
that
no
forraine
Noble-man
shall
have
place
and
voice
in
Parliament
,
unlesse
they
have
ten
thousand
merkes
of
land
-
rent
within
the
Kingdome
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authoritie
,
Considering
how
farre
the
dignity
,
honour
▪
and
authoritie
of
the
high
and
supreme
Court
of
Parliament
,
which
is
the
great
Councel
of
this
Kingdom
,
hath
been
and
is
yet
likely
to
be
farther
diminished
&
weakened
by
two
reasons
,
one
is
,
the
giving
of
power
of
voicing
and
reasoning
to
Proxies
and
Procurators
in
absence
of
such
as
are
als
much
tyed
to
give
their
personall
judgement
,
as
their
personall
presence
,
and
hath
all
these
honours
,
riding
,
sitting
,
reasoning
,
and
voicing
in
Parliament
,
only
onferred
on
them
and
their
Successours
personally
;
so
that
it
is
as
absurd
that
they
should
give
power
to
any
,
to
reason
or
voice
for
them
,
as
to
give
any
power
to
ride
and
to
sit
in
their
place
of
honour
,
and
dignitie
:
And
it
might
tend
to
the
weakning
and
utter
overthrow
of
Parliaments
:
For
thus
the
absence
of
the
most
part
of
the
best
qualified
,
and
experienced
might
be
supplied
by
Proxies
granted
to
a
few
,
and
of
lesse
abilities
.
The
other
is
,
the
granting
to
strangers
,
having
titles
of
honour
conferred
on
them
without
any
other
interest
in
this
Kingdome
,
power
of
sitting
,
riding
,
reasoning
,
consulting
,
and
voicing
in
this
Court
of
Parliament
,
whereas
none
should
be
members
of
this
Court
but
such
as
have
enterest
by
Birth
,
Bloud
,
or
Inheritance
within
this
Kingdom
,
and
so
may
be
sensible
of
the
prejudice
or
advantage
following
the
lawes
and
constitutions
thereof
:
Therefore
the
saids
Estates
statutes
&
ordains
,
that
hereafter
all
Noblemen
,
viz.
Dukes
,
Marquesses
,
Earles
,
Vicounts
,
and
Lords
,
shall
give
their
personal
presence
in
all
Parliaments
,
&
so
being
personally
present
,
reason
,
and
advise
,
&
voice
,
and
no
wayes
by
proxies
or
procurators
:
but
dischargeth
any
such
procurator
and
commissions
in
all
time
comming
:
and
that
no
persons
shal
hereafter
have
any
place
or
voice
in
Parliament
,
as
said
is
,
but
such
Noblemen
before
specified
;
and
Commissioners
from
Shyres
and
Burrows
,
as
have
enterest
,
either
by
Birth
,
Bloud
,
or
by
Inheritance
within
this
Kingdome
,
and
that
proportional
to
the
honor
and
dignity
they
carry
,
which
in
the
least
proportion
for
every
Nobleman
must
be
ten
thousand
marks
by
yeare
of
land
rent
.
And
that
notwithstanding
any
gifts
or
patents
granted
,
or
to
be
granted
to
any
person
whatsoever
.
Such-like
the
estates
foresaid
,
casses
and
annulls
all
acts
and
constitutions
any
wayes
derogatory
to
this
present
Act
or
any
part
thereof
.
ACT
XXI
.
ACT
DISCHARGING
THE
GRANTING
Of
Protections
by
the
Lords
of
Councell
and
Exchequer
.
FOrsameekle
as
the
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authoritie
,
Considering
the
great
prejudice
and
hurt
sustained
by
his
Majesties
Highnesse
lieges
,
by
the
frequent
granting
of
Protections
and
Supersederes
,
and
remembring
herewithall
,
that
his
Highnesse
Umwhile
dearest
Father
of
worthie
memorie
,
by
the
47.
Act
of
his
eleventh
Parliament
,
anno
1587.
intituled
,
All
Supersederes
,
as
contrair
to
the
furtherance
of
justice
,
are
forbidden
:
Of
the
which
Act
the
tenour
followeth
.
Forsameekle
as
our
Soveraign
Lord
,
and
the
Estates
of
this
present
Parliament
,
understanding
great
contempt
to
be
done
to
his
Highnesse
Lawes
,
and
great
hurt
to
his
lieges
,
by
passing
of
Licences
and
Supersederes
,
which
daily
uses
to
be
granted
to
such
as
either
by
themselves
,
or
other
friends
,
have
credit
of
his
Majesty
,
they
being
at
his
Highnes
Horne
,
either
for
causes
of
Treason
,
or
not
satisfying
of
their
debts
to
their
creditours
,
for
not
obtempering
decreets
and
charges
,
Therefore
our
Soveraigne
Lord
with
advice
foresaid
,
statutes
and
ordaines
,
that
no
such
Licences
and
Supersederes
be
granted
in
any
time
comming
.
And
in
case
any
happens
to
be
purchased
,
declares
the
same
to
be
null
of
the
Law
,
and
not
admissable
by
any
Judge
,
nor
effectuall
to
the
purchaser
in
any
wayes
,
And
ordaines
all
Judges
within
this
Realme
,
to
proceed
and
doe
justice
to
all
parties
,
suchlike
and
in
the
same
manner
,
as
if
the
saids
Supersederes
had
never
been
purchased
nor
produced
.
And
also
by
the
13.
Act
of
his
23.
Parliament
,
in
anno
1621
,
intituled
,
Anent
the
discharging
of
Protections
:
Of
the
which
Act
also
the
tenour
followes
.
Our
Soveraigne
Lord
and
Estates
of
Parliament
understanding
that
there
may
sundry
Protections
be
sought
by
bankrupts
and
others
,
who
are
adebted
in
great
summes
of
money
,
whereby
the
execution
due
unto
the
creditours
by
the
Lawes
of
the
Countrey
against
the
debter
may
bee
frustrate
,
to
the
great
damage
of
the
creditour
.
FOR
REMEED
whereof
it
is
statute
and
ordained
,
that
hereafter
the
Lords
of
Session
shall
grant
no
Protection
from
any
execution
due
and
competent
against
any
man
of
the
Law
.
And
declares
,
that
if
any
shall
bee
hereafter
granted
,
the
granter
of
the
same
shall
be
subject
and
lyable
of
the
Law
for
the
summe
from
the
which
hee
hath
granted
Protection
.
And
the
saids
Estates
of
Parliament
foresaid
,
being
carefull
that
the
prejudices
and
evills
incurred
and
sustained
by
his
Highnesse
Lieges
,
by
the
granting
of
the
saids
Protections
,
be
helped
and
remeeded
,
Have
therefore
renewed
,
ratified
,
and
approven
,
and
by
these
presents
renewes
,
ratifies
and
approves
the
foresaids
two
particular
Acts
of
Parliament
above
mentioned
,
in
the
whole
heads
and
clauses
thereof
before
rehearsed
,
conforme
to
the
tenour
of
the
samine
,
which
are
insert
hereintill
ad
longum
,
ut
supra
.
And
ordaines
the
saids
Acts
,
and
every
one
of
them
to
have
the
strength
of
a
Law
,
with
full
force
and
execution
,
conform
to
the
tenour
thereof
in
all
time
comming
,
with
this
addition
,
That
the
certification
of
the
foresaid
last
Act
made
in
anno
1621.
against
the
Lords
of
Session
,
shall
also
be
extended
against
the
Lords
of
Secret
Councell
and
Exchequer
;
AND
THEREFORE
of
Estates
of
this
present
Parliament
statutes
and
ordaines
,
that
hereafter
the
Lords
of
Privie
Councell
,
Session
,
or
Exchequer
,
shall
grant
no
protection
from
any
Execution
,
due
and
competent
against
any
man
of
the
Law
,
and
declares
,
that
if
any
shall
be
hereafter
granted
,
the
granter
of
the
same
shall
bee
subject
and
lyable
of
the
Law
to
the
Creditor
for
the
summe
,
from
the
which
he
hath
granted
protection
.
And
ordaines
all
Sheriffes
,
Stewarts
,
Bailiffs
of
Regalities
,
Provests
and
Bailiffs
of
Burrows
,
and
other
Officiars
of
Justice
in
all
time
comming
,
to
proceed
in
discharge
of
their
duty
and
execution
of
the
command
of
our
Soveraign
Lords
Letters
,
notwithstanding
of
any
Protection
or
Supersedere
.
ACT
XXII
.
ACT
ANENT
THE
EXCHEQUER
,
DECLARING
The
famine
to
be
onely
Judges
to
matters
concerning
the
managing
of
the
Kings
Rents
and
Casualities
.
THe
Estates
of
Parliament
now
presently
conveened
by
his
Majesties
speciall
authority
,
for
the
explanation
of
the
18.
Act
of
the
late
Parliament
holden
at
Edinburgh
,
in
the
moneth
of
June
1633.
year
,
intituled
,
Anent
the
Exchequer
,
Finds
,
declares
,
statutes
,
and
ordaines
,
that
the
validity
or
invalidity
of
Infeftments
of
his
Highnesse
property
,
or
of
any
other
Infeftments
,
may
not
be
discust
nor
decided
in
Exchequer
,
neither
by
way
of
Action
,
Exception
,
or
Reply
,
but
that
the
discussing
and
decision
thereof
,
is
onely
proper
to
the
Lords
of
Session
.
It
is
added
,
that
the
Exchequer
are
onely
Judges
to
matters
concerning
the
managing
of
the
Kings
Rents
and
Casualities
.
ACT
XXIII
.
IN
FAVOURS
OF
THESE
WHO
HELD
their
lands
of
Arch-bishops
,
Bishops
,
or
of
their
Chapters
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
special
Authority
;
considering
that
the
Offices
of
Arch-bishops
,
Bishops
,
Archdeanes
,
Deanes
,
and
others
the
members
of
their
Chapters
are
now
abolished
out
of
this
Kirke
and
Kingdome
:
And
herewith
also
taking
to
their
consideration
that
there
is
sundrie
Noble-men
;
Gentle-men
,
and
others
within
this
Realme
,
who
held
their
lands
of
the
saids
Archbishops
,
Bishops
,
Archdeanes
,
Deanes
,
and
others
,
members
of
Chapters
(
who
are
now
abolished
forth
of
this
Kirke
and
Kingdome
,
as
said
is
)
for
payment
of
certaine
yearely
few
dueties
,
and
fulfilling
of
certain
clauses
irritant
,
and
performing
of
other
conditions
contained
in
their
Infeftments
,
Takes
,
and
Rights
:
And
who
not
knowing
to
whom
they
shall
now
pay
their
saids
dueties
,
and
fulfill
the
other
conditions
of
their
Infeftments
and
Rights
,
may
be
prejudged
by
incurring
of
the
failyie
,
and
danger
of
the
clause
irritant
of
their
saids
Rights
for
not
payment
of
their
few
and
other
dueties
therein
specified
:
And
by
the
incurring
of
the
certification
contained
in
the
Acts
of
Parliament
set
downe
anent
the
payment
by
Vassels
of
their
few
dueties
to
their
Superiours
:
The
saids
Estates
for
remeed
hereof
,
and
for
eschewing
of
the
prejudice
and
danger
that
may
come
hereby
,
Findes
and
declares
,
that
these
Noble-men
,
Gentle-men
,
and
others
who
by
their
Infeftments
,
Takes
,
and
Rights
,
are
adebted
in
payment
of
few
and
Take
dueties
,
or
oblisht
in
fulfilling
of
any
other
conditions
to
the
saids
Archbishops
,
Bishops
,
Archdeanes
,
Deanes
,
or
other
beneficed
persons
,
members
of
their
Chapters
now
abolished
,
as
said
is
,
are
not
,
and
shall
not
be
in
mora
,
for
not
payment
of
their
saids
dueties
,
and
not
fulfilling
of
the
other
conditions
of
their
Rights
:
And
that
the
clause
irritant
of
their
Infestments
,
Takes
,
and
other
Rights
shall
not
runne
against
them
;
Nor
yet
the
certification
of
the
saids
Acts
of
Parliament
militat
against
them
,
for
not
payment
of
their
saids
dueties
,
and
not
fulfilling
of
the
other
clause
of
the
Rights
during
the
intervall
of
time
,
betwixt
the
first
day
of
April
1638.
yeares
,
and
sensyne
,
and
in
time
coming
,
while
order
be
taken
by
the
Estates
of
Parliament
,
anent
the
way
and
manner
of
payment
of
the
foresaids
few
and
other
dueties
for
the
sayds
Noble-men
,
Gentlemen
,
and
others
foresaids
,
their
security
for
the
payment
thereof
,
and
while
the
same
order
so
to
be
taken
by
the
Estates
hereanent
,
be
publickly
notified
to
all
the
Lieges
,
notwithstanding
of
any
clause
irritant
,
contained
in
the
foresaids
Infeftments
and
Rights
:
And
notwithstanding
of
the
certification
of
the
Acts
of
Parliament
set
downe
against
these
who
payes
not
their
few
dueties
to
their
Superiours
.
ACT
XXIIII
.
ANENT
VASSALS
OF
ERECTIONS
,
THAT
They
be
not
subject
in
double
payment
,
nor
the
superiours
defrauded
of
their
few
dueties
.
THE
Estates
of
Parliament
conveened
by
his
Majesties
speciall
Authoritie
:
Considering
that
whereas
by
the
generall
surrender
of
Kirke
lands
and
erections
,
made
by
the
Superiours
and
Titulars
thereof
,
in
favours
of
the
Kings
Majestie
:
It
is
specially
provided
,
that
the
saids
Superiours
and
Titulars
notwithstanding
their
surrender
foresaid
,
shall
have
right
to
the
Few-fermes
,
and
duties
of
the
Vassals
and
Fewars
of
the
said
Kirk
lands
and
erections
,
till
the
Kings
Majesty
make
paiment
to
them
of
the
prices
of
the
said
Few-firmes
,
and
duties
modified
by
the
Lords
,
and
others
of
the
Commission
for
surrenders
and
teinds
.
And
siclike
the
Fewars
and
Vassals
of
the
said
Kirk
lands
and
erections
,
are
obliged
by
their
new
infeftments
under
the
great
Seale
,
to
pay
the
saids
Few-fermes
and
duties
to
the
Kings
Majestie
and
His
Successours
:
And
so
are
lyable
to
double
payment
thereof
,
without
remeed
bee
provided
.
It
is
therefore
statute
and
ordained
by
the
saids
Estates
,
that
the
saids
Fewars
and
Vassals
of
Kirke
lands
and
erections
,
their
heirs
and
successours
,
shall
bee
obliged
to
make
thankfull
payment
of
the
saids
Few-fermes
,
and
duties
,
and
services
used
and
wont
,
contained
in
their
Infeftments
and
whereof
the
saids
Superiours
and
Titulars
have
beene
in
possession
preceding
that
surrender
foresaid
to
the
saids
Superiours
and
Titulars
,
their
heirs
and
successours
,
aye
and
while
they
get
payment
of
the
prices
modified
by
the
saids
Lords
,
and
others
of
the
Commission
foresaid
:
And
that
Letters
of
horning
and
poinding
shall
be
granted
to
that
effect
,
without
prejudice
alwayes
to
his
Majestie
and
his
Successours
,
of
the
Superiority
of
the
saids
Fewars
and
Vassals
surrendred
in
manner
foresaid
,
and
without
prejudice
to
them
of
their
infeftments
,
taken
to
be
holden
of
his
Majestie
and
his
successours
:
Like
as
it
is
declared
,
that
the
saids
Fewars
and
Vassals
of
Kirke
lands
and
erections
,
have
beene
in
bona
fide
in
payment
of
the
saids
Few-fermes
and
dueties
to
the
saids
Superiours
and
Titulars
of
all
termes
by-gone
,
according
to
the
provision
contained
in
the
said
generall
surrender
.
ACT
XXV
.
APPOINTING
ALL
GRIEVANCES
TO
Be
given
in
plaine
Parliament
.
THE
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authority
,
considering
that
the
Act
of
Parliament
made
in
Anno
1594.
in
the
14.
Parliament
of
King
James
the
6.
cap
218.
whereby
all
matters
and
grievances
to
be
given
in
to
Parliament
,
are
appointed
to
be
given
to
his
Majesties
Clerk
of
Register
,
and
by
him
presented
to
the
Estates
,
Hath
bred
great
hurt
,
and
prejudice
to
the
liberties
,
and
freedome
of
this
Kirke
and
Kingdome
,
and
Subjects
thereof
in
time
bygone
,
as
is
evident
by
experience
of
the
evils
that
hath
flowed
therefrom
.
Therefore
,
the
saids
Estates
for
remeed
hereof
,
retreats
,
rescinds
,
casses
,
and
annuls
the
foresaid
Act
of
Parliament
,
and
declares
the
same
to
be
null
and
of
none
availe
,
force
,
nor
effect
in
all
time
comming
:
And
ordaines
and
appoints
all
grievances
,
and
other
matters
that
are
to
be
handled
and
treated
of
in
Parliament
hereafter
,
to
be
given
in
,
and
presented
in
open
and
plaine
Parliament
in
all
time
comming
.
ACT
XXVI
.
FOR
SUPPRESSING
THE
DISTINCTION
Of
spirituall
and
temporall
Lords
of
Session
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authority
,
casses
,
annulls
,
and
rescinds
that
Article
of
the
first
Act
of
the
fifth
Parliament
holden
by
King
James
of
fifth
,
of
worthy
memory
,
Anent
the
institution
of
the
Colledge
of
Justice
,
bearing
,
That
the
Lords
of
Councell
and
Session
shall
be
chosen
halfe
spirituall
,
halfe
temporall
:
And
decernes
and
ordaines
the
whole
number
to
be
temporall
and
none
of
them
spirituall
:
And
the
foresaid
distinction
of
spirituall
and
temporall
to
be
supprest
and
forgotten
in
all
time
comming
.
ACT
XXVII
.
ACT
AGAINST
LIESING-MAKERS
OF
Whatsoever
qualitie
,
office
,
place
,
or
dignitie
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authoritie
,
Considering
the
Honour
,
Dignitie
and
Authoritie
of
the
supreme
Court
of
Parliament
,
over
the
Councell
and
Session
,
and
all
other
civill
Judicatories
of
this
Kingdome
,
which
have
their
originall
,
their
power
and
antiquitie
from
the
Kings
Majestie
and
the
Estates
of
Parliament
,
is
subordinate
thereunto
,
and
ought
to
be
countable
and
censurable
by
them
,
for
their
abusing
of
their
power
,
to
the
prejudice
of
the
Countrey
:
For
the
weale
whereof
they
were
established
,
according
to
the
twelfth
Act
of
the
second
Parliament
of
King
James
4.
wherein
the
Kings
Councell
was
sworn
in
presence
of
the
three
Estates
,
to
give
his
Highnesse
a
true
and
effauld
Counsell
,
in
all
matters
,
concerning
his
Majestie
,
and
his
Realme
;
And
to
bee
responsall
and
accusable
to
the
King
and
his
Estates
of
their
Counsell
,
Considering
also
,
that
during
his
Majesties
absence
forth
of
this
Kingdome
,
it
is
most
necessar
for
the
publick
peace
of
this
Kingdome
,
and
his
Majesties
honour
,
that
all
misinformers
,
raisers
,
and
entertainers
of
jealousies
,
suspitions
,
and
divisions
betwixt
the
King
,
this
Kirke
and
Kingdome
,
should
be
severely
punished
,
and
especially
all
bad
Counsellers
,
who
in
stead
of
giving
his
Majestie
a
true
and
effauld
Counsell
,
hath
given
,
or
will
give
information
and
counsell
to
the
evident
prejudice
and
ruine
of
the
liberties
of
this
Kirk
and
Kingdome
,
should
bee
exemplarly
judged
and
censured
by
the
Kings
Majestie
and
the
Estates
of
Parliament
.
Therefore
they
renue
and
revive
all
Acts
of
Parliament
made
against
liesing
makers
,
raisers
and
entertainers
of
jealousies
,
contentions
,
and
divisions
betwixt
the
Kings
Majestie
and
this
Kirk
and
Kingdome
.
And
declares
that
no
dignitie
,
qualitie
,
place
,
or
office
whatsoever
shall
exeeme
these
or
any
person
whatsoever
from
the
censure
of
the
said
Acts.
ACT
XXVIII
.
ANNVLLING
ALL
UNLAWFULL
AND
Unjust
Proclamations
made
under
the
paine
of
treason
,
against
the
disobeyers
.
FOrsomuch
as
the
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
authoritie
,
having
taken
to
their
consideration
,
that
there
hath
been
diverse
unjust
and
unlawfull
Proclamations
made
,
commanding
the
obedience
of
things
unjust
and
unlawfull
,
(
tending
to
the
overthrow
and
prejudice
of
the
lawes
and
liberties
of
Kirke
and
Kingdome
)
under
the
paine
of
treason
;
As
also
declaring
the
disobeyers
of
these
unlawfull
and
unjust
proclamations
to
be
rebels
and
traitours
,
which
is
a-against
law
,
equity
,
and
reason
,
no
triall
nor
declaratour
of
treason
having
proceeded
against
them
of
before
:
Findes
and
declares
all
these
proclamations
,
with
the
pretended
Acts
and
warrands
for
making
and
proclaiming
thereof
,
to
be
null
and
of
none
availe
,
force
,
nor
effect
,
with
all
that
hath
followed
or
may
follow
thereupon
:
And
therefore
the
saids
Estates
of
Parliament
casses
and
annulls
the
foresaids
pretended
proclamations
,
with
all
the
said
Acts
and
warrands
whereupon
the
same
proceeded
:
And
findes
and
declares
that
no
person
nor
persons
can
be
declared
traitours
,
but
either
by
the
Parliament
it selfe
,
and
by
Act
and
Sentence
thereof
,
or
then
by
the
lawfull
ordinar
Judge
,
after
tryall
,
And
finding
that
the
saids
persons
hath
contraveened
,
a
law
and
Act
of
Parliament
made
under
the
paine
of
treason
against
the
disobeyers
and
contraveenars
thereof
.
ACT
XXIX
.
EXPLAINING
THE
PRECEDING
ACTS
Of
Parliament
made
against
Bands
and
Conventions
amongst
the
Subjects
,
as
also
declaring
the
Bands
and
Conventions
made
and
kept
since
the
beginning
of
the
present
troubles
,
to
be
legall
and
lawfull
.
TOrsomuch
as
the
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authoritie
,
Considering
that
by
the
twelfth
Act
of
the
tenth
Parliament
of
the
Kings
Majesties
umwhile
dearest
Father
,
of
eternall
memory
,
All
Leagues
and
Bands
amongst
the
Subjects
are
discharged
,
and
by
the
131.
Act
of
the
eighth
Parliament
of
the
Kings
umwhile
dearest
Father
,
All
Councels
,
Conventions
or
Assemblies
without
the
Kings
command
or
licence
,
are
also
discharged
,
under
the
paines
ordained
by
the
Acts
of
Parliament
,
against
such
as
unlawfully
convocates
the
Kings
Lieges
:
And
that
also
by
sundry
other
preceding
Statutes
and
Acts
of
Parliament
made
by
his
Majesties
most
noble
Progenitors
,
the
foresaid
Leagues
,
Bands
,
Counsels
,
Conventions
,
and
Meetings
,
are
likewise
discharged
.
And
herewith
also
the
said
Estates
,
taking
to
their
consideration
what
was
the
true
end
and
meaning
for
making
of
the
foresaid
Acts
,
&
how
farre
the
same
in
equitie
and
reason
can
be
extended
,
findes
and
declares
that
the
foresaid
Acts
and
Laws
particularly
and
generally
before
exprest
,
is
not
,
nor
cannot
bee
extended
against
any
Bands
,
Leagues
,
Counsels
,
Conventions
,
Assemblies
,
Committees
,
or
Meetings
,
made
,
holden
,
and
kept
by
the
Subjects
,
for
maintenance
and
preservation
of
the
Kings
Majestie
,
the
Religion
,
Lawes
,
and
Liberties
of
the
Kingdome
,
or
for
the
publick
good
,
eyther
of
Kirk
or
State
.
But
the
said
Estates
findes
and
declares
,
that
all
these
Bands
,
Conventions
,
Committees
,
and
other
meetings
made
and
keeped
by
the
Estates
and
Subjects
of
this
Kingdome
,
for
the
publike
good
of
King
,
Kirke
and
State
,
and
intended
for
the
defence
and
preservation
thereof
since
the
beginning
of
these
present
troubles
,
are
not
prohibited
nor
discharged
by
the
foresaids
Lawes
and
Acts
of
Parliament
,
particularly
and
generally
before
rehearsed
,
nor
none
of
them
.
And
can
no
wayes
be
understood
,
nor
interpret
to
fall
within
the
compasse
of
the
discharge
and
prohibition
of
the
foresaids
Acts
,
and
doth
no
wayes
contraveene
the
same
,
nor
none
of
them
.
And
therefore
the
saids
Estates
ratifies
,
approves
,
and
allowes
all
the
saids
Bands
,
Conventions
,
Committees
,
and
other
Meetings
,
which
are
,
and
have
beene
made
and
keeped
within
this
Kingdome
,
for
the
defence
and
preservation
of
the
Kings
Majestie
,
the
Religion
,
Lawes
,
and
Liberties
of
this
Kirke
,
and
Kingdome
,
since
the
beginning
of
the
present
troubles
thereof
.
And
declares
the
same
to
bee
lawfull
and
legall
deeds
,
and
that
they
doe
no
wayes
contraveene
the
foresaids
Acts
of
Parliament
respective
above
mentioned
,
nor
none
of
them
,
nor
no
other
Law
,
nor
constitution
of
this
Kingdome
.
ACT
XXX
.
ANENT
THE
WARD
AND
MARRIAGE
OF
These
who
shall
happen
to
be
killed
in
the
defence
of
the
Religion
and
Liberties
of
Kirke
and
Kingdome
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authority
,
Taking
to
their
consideration
the
prejudice
that
may
come
to
these
Subjects
,
who
holds
their
lands
ward
of
the
Kings
Majesty
,
or
of
any
other
Superiour
whatsoever
,
and
shall
happen
to
be
killed
in
the
defence
and
maintenance
of
the
Religion
,
and
of
the
Laws
and
Liberties
of
this
Kingdome
,
during
the
time
of
the
present
troubles
thereof
,
hath
statute
and
ordained
,
and
hereby
statutes
,
ordaines
,
and
declares
,
that
the
profit
and
benefit
of
the
ward
marriage
,
none
entresse
,
and
reliefe
falling
by
the
decease
of
any
of
these
who
shall
happen
to
be
killed
in
manner
and
for
the
cause
foresaid
,
with
the
whole
commoditie
that
can
follow
upon
the
same
,
shall
onely
pertaine
,
and
freely
be
given
and
disponed
to
the
heires
Relick
and
Bairnes
,
of
these
who
shall
happen
so
to
be
killed
as
followes
,
viz.
Where
the
Relicke
and
remanent
Bairnes
(
by
the
heire
)
shall
be
found
provided
by
the
Defunct
,
Then
in
that
case
the
whole
benefite
of
the
ward
marriage
,
none
entresse
and
reliefe
shall
solely
belong
to
the
heire
.
But
where
the
Relicke
and
remanent
Bairnes
(
by
the
heire
)
be
's
not
found
provided
,
in
that
case
the
benefite
of
the
marriage
shall
onely
pertaine
to
the
heire
,
and
the
profite
,
commoditie
,
and
benefite
of
the
ward
,
none
entresse
,
and
reliefe
shall
be
imployed
and
used
for
the
entertainment
and
maintenance
of
the
Relicke
and
Bairnes
unprovided
:
And
also
for
the
entertainment
of
the
heire
,
if
he
have
no
other
meanes
for
maintenance
:
And
what
is
overplus
by
the
Relicke
and
Bairnes
,
their
entertainment
foresaid
,
ordaines
the
same
superplus
to
be
imployed
for
the
provision
of
the
said
remanent
Bairnes
,
by
the
heire
unprovided
,
as
said
is
.
Providing
alwayes
,
that
the
saids
heires
,
and
other
persons
foresaids
,
to
whom
the
benefite
of
the
saids
ward
,
marriage
,
none
entresse
,
and
reliefe
is
appointed
to
pertaine
in
manner
respective
before
rehearsed
,
Be
's
found
not
to
have
studden
against
the
maintenance
of
Religion
,
lawes
and
liberties
of
Kirke
and
Kingdome
,
contrair
to
the
late
Covenant
,
ratified
in
this
present
Parliament
:
And
also
the
saids
Estates
findes
and
declares
,
that
the
Kings
Majestie
,
and
all
other
Superiours
whatsoever
of
the
saids
ward
,
holdings
,
shall
be
altogether
secluded
from
the
benefite
of
the
foresaid
ward
,
marriage
,
none
entresse
,
and
reliefe
falling
by
decease
of
their
Vassals
,
in
manner
,
and
for
the
cause
before
rehearsed
.
ACT
XXXI
.
RATIFYING
THE
ACT
OF
THE
LORDS
Of
Session
,
made
for
supplying
of
the
absence
of
the
Signet
,
and
discharging
the
transporting
thereof
,
or
any
other
Seale
in
time
comming
THE
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authority
,
Ratifies
and
approves
the
Act
of
the
Lords
of
Councell
and
Session
made
at
Edinburgh
the
penult
day
of
March
,
1639.
yeares
,
whereof
the
tenour
followes
:
The
which
day
the
Lords
of
Councell
and
Session
,
being
petitioned
by
some
of
his
Majesties
Lieges
,
to
provide
remeed
against
the
prejudice
sustained
by
them
through
the
exportation
of
the
Signet
out
of
this
Kingdome
:
And
thereupon
taking
unto
their
consideration
the
many
great
inconveniences
redounding
to
this
Realme
,
and
whole
Lieges
thereof
:
And
manifestly
ensuing
by
the
transporting
of
the
Signet
,
not
onely
from
the
place
of
residence
of
the
saids
Lords
,
but
out
with
the
bounds
of
this
Kingdome
into
England
without
any
reason
or
example
:
Therefore
after
mature
deliberation
,
they
have
statute
and
ordained
,
and
for
remeed
of
the
said
heavie
prejudice
,
statutes
and
ordaines
,
that
all
Summonds
,
Letters
,
Charges
,
Suspensions
,
Signators
,
or
other
Writs
whatsoever
,
which
by
the
law
and
custome
of
this
Realme
useth
to
passe
the
said
Signet
,
shall
bee
presented
to
George
Hadden
,
writer
to
the
Signet
,
and
the
ordinarie
price
due
for
the
Signet
,
consigned
in
his
hands
,
to
bee
made
forth
comming
to
the
Lord
Secretarie
,
and
his
keepers
of
the
Signet
in
his
name
,
Whereupon
the
said
George
Hadden
shall
marke
the
date
of
the
said
offer
,
beside
the
waxe
at
the
place
customably
,
bearing
the
date
of
the
Signet
,
and
write
thereupon
these
words
(
marked
by
me
according
to
Act
and
Warrant
of
the
Lords
of
Session
,
and
ordained
to
be
a
Warrant
for
execution
hereof
,
or
passing
through
the
Seals
,
albeit
it
bee
not
signetted
)
which
words
hee
shall
subscribe
with
his
Signe
and
Subscription
manuall
:
Which
Summonds
,
Charges
,
Letters
,
Suspensions
,
Signators
,
or
Writs
whatsoever
so
dated
,
and
subscribed
by
the
said
George
Hadden
,
shall
have
the
same
effect
in
all
respects
,
as
if
the
Signet
were
affixed
thereto
:
And
the
saids
Lords
declares
,
that
the
same
shall
be
a
sufficient
warrant
to
all
keepers
of
Seals
and
Registers
,
Messengers
of
Armes
,
Pursevants
,
Heraulds
,
or
others
persons
whatsoever
for
passing
of
the
saids
writs
through
the
Seals
,
execution
of
the
saids
Summonds
,
Letters
,
Charges
,
and
Suspensions
,
and
doing
all
deeds
incumbent
to
their
office
,
such
like
and
as
amplie
and
warrantablie
in
all
respects
,
as
if
the
same
had
past
the
Signet
,
and
that
aye
and
while
the
said
Signet
bee
returned
againe
to
Edinburgh
,
and
the
same
intimate
to
the
Lieges
:
The
said
George
Hadden
,
alwayes
keeping
and
retaining
the
warrands
,
and
making
a
minute
and
note
thereof
:
And
making
the
same
,
together
with
the
prices
payed
therefore
,
forth-comming
to
the
Lord
Secretarie
,
or
others
in
his
name
by
his
warrand
:
And
ordaines
these
presents
to
be
intimate
to
all
his
Majesties
Lieges
,
by
publike
Proclamation
at
the
market
crosse
of
Edinburgh
to
be
made
hereupon
:
And
these
presents
for
the
full
warrand
of
the
whole
premisses
,
to
be
enacted
and
recorded
in
their
books
of
Sederunt
.
Which
Act
,
the
saids
Estates
not
onely
ratifies
in
manner
above
specified
:
but
also
ordaines
the
said
Act
to
stand
in
full
force
and
strength
,
to
the
effect
above-written
,
therein
specified
conforme
to
the
tenour
thereof
foresaid
,
while
the
_____
day
of
_____
1600.
and
_____
yeares
.
And
strictly
inhibits
and
discharges
all
keepers
of
the
Signet
in
any
time
hereafter
,
for
any
cause
,
or
any
pretended
occasion
whatsoever
to
transport
or
carry
the
Signet
,
or
any
Seale
forth
of
this
Kingdome
under
the
pain
of
death
,
and
confiscation
of
their
moveable
goods
.
ACT
XXXII
.
ACT
DISCHARGING
ALL
CUSTOME
OF
Ammunition
brought
home
to
the
lieges
to
their
owne
use
for
defence
of
religion
and
liberties
of
Kirk
and
Kingdom
.
THe
Estates
of
Parliament
presently
conveened
,
by
his
Majesties
speciall
authority
,
considering
the
priviledge
and
exemption
bruiked
by
the
Nobility
and
Barrons
of
this
Kingdome
,
whereby
they
have
beene
exeemed
from
payment
of
all
custome
,
for
goods
imported
to
this
Kingdome
,
for
their
owne
use
:
And
there-with-all
,
Taking
to
their
consideration
that
the
said
exemption
ought
more
especially
be
enjoyed
,
for
the
armes
brought
home
,
at
this
time
to
the
Nobility
,
Barrons
,
and
Gentry
of
this
Kingdome
,
and
all
others
his
Majesties
lieges
whatsoever
,
for
their
owne
use
,
for
defence
of
Religion
,
Liberties
of
this
Kirke
,
and
Kingdome
,
in
thir
times
of
troubles
,
since
the
yeare
of
God
1637.
Therefore
statutes
and
ordaines
,
that
all
sort
of
Ammunition
whatsoever
,
brought
into
this
Kingdome
,
since
the
year
of
God
1637.
or
to
be
brought
in
hereafter
,
during
the
time
of
thir
troubles
,
shall
be
free
of
all
customes
and
imposition
whatsoever
.
And
inhibites
and
discharges
all
Customers
,
or
whatsoever
receivers
thereof
,
of
exacting
any
custome
or
imposition
for
any
kinde
of
armes
or
ammunition
already
imported
,
or
to
be
imported
,
during
the
time
foresaid
:
And
of
all
arresting
or
detaining
the
saids
armes
and
ammunition
,
or
any
goods
belonging
to
the
Merchants
importers
thereof
,
for
any
custome
acclaimed
for
the
same
:
which
the
Estates
finds
no
wayes
due
,
nor
reasonable
to
be
granted
in
the
case
foresaid
.
ACT
XXXIII
.
ACT
FOR
THE
COMMITTEES
OF
ESTATES
.
THe
three
Estates
of
Parliament
presently
conveened
,
having
taken
to
their
consideration
the
present
estate
of
this
Countrey
and
Kingdome
,
being
invironed
and
threatned
with
armes
,
by
sea
and
land
,
and
great
hostile
preparations
hatcht
and
prepared
against
the
same
,
without
any
just
ground
or
quarrell
,
whereby
(
as
manifestly
doth
appeare
)
there
is
nothing
lesse
intended
against
this
Church
and
Kingdome
,
nor
an
utter
exterminion
and
totall
destruction
:
So
that
the
saids
Estates
are
necessitate
,
and
forced
to
put
themselves
in
readinesse
for
a
just
and
lawfull
defence
of
the
Religion
,
Laws
,
Lifes
,
Liberties
,
and
Countrey
:
and
withall
considering
how
necessar
it
is
for
the
good
of
the
publick
,
weal
of
the
Countrey
,
and
maintenance
of
the
armies
lifted
,
and
to
be
up-lifted
,
and
out-reiked
both
by
sea
and
land
,
and
for
ordering
,
directing
,
and
governing
of
the
whole
body
of
this
Countrey
,
and
Kingdome
,
That
a
setled
,
grave
and
solide
Committee
from
the
Estates
be
elected
,
nominate
,
constitute
,
and
authorized
by
this
present
Parliament
:
which
Committee
from
the
Estates
shall
consist
of
a
competent
number
,
of
the
most
able
,
qualified
,
and
trustie
Noblemen
,
Barons
,
and
Burgesses
of
this
Kingdome
.
Therefore
the
foresaids
Estates
of
Parliament
now
conveened
,
doe
hereby
nominate
,
elect
,
choose
,
and
appoint
the
persons
after
specified
,
viz.
John
Earle
of
Rothes
,
James
Earle
of
Montros
,
John
Earle
of
Cassils
,
John
Earle
of
Wigtoun
,
Charles
Earle
of
Dumfermling
,
William
Earle
of
Lothian
,
John
Lord
Lindesay
,
John
Lord
Balmerino
,
James
Lord
Couper
,
Robert
Lord
Burghly
,
Archbald
Lord
Napeir
,
John
Lord
Lower
,
Sir
Alexander
Gibson
of
Dury
,
Sir
John
Hope
of
Craighall
,
Sir
John
Scot
of
Scotstarvet
,
Senators
of
the
Colledge
of
Justice
;
Sir
Thomas
Nicolsone
of
Carnok
,
Sir
Patrik
Hepburne
of
Wauchton
,
Sir
David
Hume
of
Wedderburne
,
Sir
George
Stirling
of
Kier
,
Sir
Patrik
Murray
of
Elibank
,
Sir
Patrik
Hamiltoun
of
Littlepreston
,
Sir
William
Cunningham
of
Caprintoun
,
Sir
William
Douglas
of
Cavers
,
James
Chalmers
of
Gadgirth
,
Sir
Thomas
Hope
of
Carse
,
_____
Drummond
of
Riccartoun
,
_____
Lesly
of
Forbes
,
Master
George
Dundasse
of
Maner
,
John
Smyth
,
Edward
Edgar
,
Thomas
Paterson
,
Richard
Maxwell
,
Merchants
,
Burgesses
of
Edinburgh
,
William
Hamiltoun
Burges
of
Lithgow
,
Master
Alexander
Wedderburne
Clerk
of
Dundie
,
George
Porterfield
Baliffe
of
Glasgow
,
Hew
Kennidie
Baliffe
of
Aire
,
John
Rutherfurd
Provest
of
Jedburgh
,
Master
Alexander
Jaffray
,
Burges
of
Aberdeene
,
or
Master
William
Ore
in
his
absence
,
James
Sword
Burges
of
S.
Androes
,
and
James
Scot
Burges
of
Montros
,
to
bee
Commissioners
from
the
Estate
,
To
whom
the
Estates
and
Body
of
this
Present
Parliament
,
gives
,
and
commits
full
power
,
warrant
,
and
commission
to
doe
,
order
,
direct
,
act
,
and
put
in
execution
every
thing
necessar
,
expedient
,
and
incumbent
,
alswell
for
the
preservation
and
maintenance
of
the
armies
,
both
of
horse
,
and
foot
,
by
sea
and
land
,
as
for
ordering
the
Countrey
,
and
whole
body
and
inhabitants
thereof
,
deciding
of
questions
and
debates
,
which
shall
happen
to
arise
,
or
fall
out
in
any
businesse
which
shall
occasion
,
or
offer
,
in
this
Kingdome
concerning
the
peace
and
quiet
thereof
,
But
prejudice
of
the
Colledge
of
Justice
,
or
any
other
ordinarie
judicatorie
within
this
Kingdome
,
lawfully
established
by
Act
of
Parliament
,
which
shall
no
wayes
be
prejudged
by
this
commission
,
And
with
full
power
to
them
,
to
borrow
,
up-take
,
and
levy
moneyes
for
the
use
the
publick
:
and
to
give
,
and
prescribe
orders
,
and
directions
for
depursing
thereof
,
and
for
any
other
thing
requisite
which
may
concerne
the
good
,
quiet
,
and
peace
of
the
Countrey
,
And
with
power
to
them
,
to
call
and
conveene
such
Noblemen
,
Barons
,
Burgesses
,
and
other
countrey
men
,
to
repaire
to
them
for
their
counsell
,
and
assistance
in
any
businesse
which
shall
occurre
,
as
they
shall
finde
necessar
and
expedient
,
And
with
power
to
them
,
to
give
orders
and
directions
to
collectors
,
commissioners
,
and
all
other
persons
,
who
shall
happen
to
be
employed
,
or
have
charge
or
place
either
in
the
army
or
in
the
Countrey
in
the
publick
busines
,
in
every
thing
which
concernes
their
place
,
and
charge
,
and
to
call
them
to
an
accompt
als
oft
as
they
please
,
and
to
appoint
Auditours
for
hearing
,
and
receiving
thereof
,
(
whether
of
their
owne
number
or
any
other
they
please
to
nominate
)
and
with
power
to
them
,
to
allow
and
disallow
,
as
they
shall
find
equitable
,
and
expedient
,
for
what
ever
the
saids
Commissioners
shall
either
uplift
and
borrow
for
the
publick
use
,
or
shall
find
due
,
by
any
compts
,
bands
,
bills
of
exchange
,
or
other
furnishing
or
debt
already
borrowed
,
and
advanced
for
the
use
of
the
publick
,
either
in
money
,
victuall
,
or
any
other
necessar
furnishing
whatsoever
,
the
same
compts
being
fitted
and
found
lawfull
by
the
saids
commissioners
and
their
auditors
foresaids
.
The
saids
Estates
declares
that
what
shall
be
found
due
,
or
resting
thereof
shall
be
a
lawfull
debt
,
and
burthen
,
which
shall
burthen
and
affect
the
saids
Estates
,
who
do
hereby
bind
and
oblish
them
and
their
successors
,
to
pay
,
relieve
,
ramburse
,
and
defray
the
same
:
Like
as
the
saids
Estates
of
Parliament
,
doe
hereby
give
and
grant
full
power
and
warrand
to
the
saids
Commissioners
from
the
Estate
,
to
prescribe
,
injoyne
and
set
downe
rules
,
and
wayes
,
for
the
defrayment
of
the
same
burthens
,
and
for
payment
and
reliefe
thereof
to
the
creditors
,
and
others
who
lye
,
and
shall
lye
under
the
burthen
of
the
same
,
and
that
out
of
the
readiest
moneys
,
or
other
goods
belonging
to
the
publick
,
and
Estate
,
or
otherwayes
by
proportion
,
to
impose
the
payment
and
reliefe
thereof
,
upon
the
Estate
,
and
inhabitants
of
the
Countrey
according
to
the
rentals
,
rolls
,
and
valuations
of
the
rents
of
the
Kingdome
:
And
for
that
effect
to
revise
,
comptroll
,
fit
and
allow
the
whole
compts
of
the
common
burthens
,
alswell
already
resting
,
owing
by
bands
,
contracts
,
bills
of
exchange
,
letters
of
credit
,
factorie
compts
,
or
otherwise
,
as
which
shall
happen
to
be
borrowed
and
resting
,
or
owing
hereafter
:
and
having
drawne
the
same
to
a
totall
summe
,
to
cast
a
proportionall
part
thereof
upon
every
sherifdome
,
presbyterie
,
parochin
and
burgh
within
this
Kingdome
,
conforme
to
the
saids
valuations
,
And
which
sherifdomes
,
presbyteries
,
and
burghs
,
shall
divide
the
same
among
the
particular
persons
,
lyable
therein
,
and
that
letters
be
direct
in
the
ordinar
manner
,
alswell
for
ingathering
thereof
,
as
for
reliefe
thereof
,
with
certification
,
if
the
same
or
any
part
thereof
shall
not
be
payed
,
at
the
termes
appointed
,
by
the
saids
Commissioners
auditors
foresaids
,
The
persons
refusers
,
or
delayers
,
shall
not
only
pay
anual-rent
for
the
same
,
conforme
to
the
Act
of
Parliament
;
but
shall
also
pay
ten
marks
for
each
hundreth
markes
failyie
,
With
power
likewise
to
them
,
as
said
is
,
to
set
down
wayes
for
exsyses
to
be
layed
on
vivers
for
the
weal
of
the
Countrey
,
and
helping
to
relieve
the
burthens
thereof
,
and
maintenance
of
the
Armie
:
And
with
power
to
them
to
give
orders
,
instructions
,
and
directions
to
all
inferiour
Committees
,
Shires
,
Burghs
,
Presbyteries
,
Stewartries
,
Regalities
,
and
others
whatsoever
within
this
Kingdome
,
in
every
thing
which
concernes
the
publick
,
and
for
the
maintenance
of
the
Armies
,
and
other
necessar
imployments
through
the
whole
Kingdome
,
in
such
forme
and
manner
as
the
saids
Commissioners
,
or
so
many
of
them
as
are
a
Quorum
,
in
manner
after-specified
,
shall
direct
and
appoint
:
And
generally
with
full
power
to
them
to
doe
all
and
sundrie
other
things
requisite
,
anent
the
ordering
,
directing
,
managing
,
prosecuting
,
and
executing
of
all
affaires
,
and
businesse
of
this
Kingdome
,
which
may
or
can
conduce
to
the
weale
of
this
Kingdome
,
or
any
part
thereof
:
And
which
ought
,
and
should
,
or
shall
be
needfull
to
be
done
by
them
,
for
maintenance
and
preservation
of
the
Religion
,
and
liberties
of
this
Kingdome
,
anent
the
premisses
:
Without
prejudice
alwayes
of
the
ordinarie
Judicatories
,
as
said
is
.
And
further
,
with
power
to
the
saids
Commissioners
of
Estate
,
to
nominate
and
constitute
Commissioners
,
over-seers
,
and
all
other
officers
,
as
well
in
the
Armie
as
in
the
Countrey
,
so
oft
as
occasion
and
necessity
shall
require
,
for
maintaining
of
the
Armie
in
every
thing
necessar
,
and
for
exercising
and
discharging
of
all
other
things
needfull
for
the
publick
,
through
the
whole
Kingdome
,
(
without
prejudice
of
the
generall
Commissars
gift
)
And
it
is
hereby
ordained
that
the
forme
and
manner
of
the
proceedings
of
the
saids
Commissioners
of
Estate
,
and
the
places
of
their
residence
respective
,
shall
bee
in
manner
after-specified
,
viz.
There
shall
be
two
constant
places
of
their
residence
,
whereof
the
one
shall
be
at
Edinburgh
,
or
any
other
convenient
place
,
where
they
may
most
conveniently
and
safely
sit
and
reside
,
And
the
other
shall
be
constantly
at
the
Armie
,
who
shall
keepe
correspondence
the
one
with
the
other
,
anent
their
proceedings
.
And
it
is
ordained
,
that
there
shall
be
twelve
of
every
Estate
for
both
Committees
,
making
eighteene
for
every
Committee
;
and
the
Quorum
to
be
thus
,
viz.
Three
of
each
estate
,
when
the
Estates
are
full
,
or
any
seven
promiscuously
,
when
any
of
the
Estates
keepeth
not
,
and
when
any
of
the
persons
nominate
upon
this
Commission
shall
decease
,
it
shall
be
leisome
to
the
most
part
of
the
Quorum
of
that
Estate
in
Edinburgh
,
or
at
the
Camp
respective
,
to
appoint
any
other
of
their
owne
Estate
in
place
of
the
person
deceasing
,
viz
,
The
Quorum
at
Edinburgh
,
or
other-where
else
,
to
nominate
the
person
in
place
of
the
partie
inlacking
of
the
Commission
appointed
to
reside
at
Edinburgh
or
other-where
else
:
And
the
Quorum
of
the
Committee
at
the
Camp
to
nominate
the
person
in
place
of
the
partie
inlacking
of
the
Committee
at
the
Camp
.
And
it
is
ordained
that
the
forenamed
Commissioners
divide
their
numbers
proportionally
,
and
with
such
equalitie
,
as
neither
the
Armie
nor
the
Countrey
at
any
time
shall
want
a
competent
number
,
to
sit
and
reside
constantly
for
determining
of
all
matters
incumbent
to
them
:
And
what
ever
the
foresaid
Quorum
of
_____
persons
at
Edinburgh
,
or
in
the
Countrey
,
or
moe
of
them
,
and
what
ever
the
foresaid
Quorum
of
_____
persons
,
or
moe
of
them
being
at
the
Camp
shall
determine
,
decerne
,
and
ordaine
,
in
any
cause
,
businesse
,
or
debate
incumbent
to
them
,
the
same
shall
have
the
full
strength
of
a
valide
and
lawfull
decreet
and
sentence
,
or
what
ever
businesse
,
or
conveniencie
,
shall
be
prescribed
by
the
foresaids
Quorums
respective
,
or
either
of
them
,
the
same
shall
be
as
valide
,
as
if
it
were
done
by
the
whole
number
;
Providing
alwaies
,
that
none
of
the
saids
Quorums
,
either
these
who
shall
reside
at
Edinburgh
,
or
these
who
shall
be
with
the
Armie
severally
by
themselves
,
shall
ingage
in
warre
with
any
Nation
,
or
make
capitulation
of
agreement
,
without
mutuall
consent
of
the
whole
,
at
the
least
of
both
the
Quorums
.
And
because
it
is
expedient
,
that
the
saids
Commissioners
of
Estate
have
a
sufficient
trustie
and
able
Clerke
,
for
keeping
of
all
the
Records
,
Registers
,
Acts
,
Bands
,
Warrands
,
and
other
Papers
whatsoever
,
which
concerne
the
Publick
,
or
the
saids
Judicatories
:
And
the
Estates
of
Parliament
having
reall
experience
of
the
trust
,
qualification
,
and
ability
of
Master
Adam
Hepburne
of
Humbie
,
for
discharging
of
the
same
office
and
place
,
Therefore
the
saids
Estates
of
Parliament
doe
hereby
create
,
nominate
,
and
constitute
the
said
Master
Adam
Hepburne
to
be
Clerke
to
the
saids
Commissioners
of
Estate
,
and
other
of
them
,
with
all
Priviledges
,
Liberties
,
Casualities
,
Fees
,
and
Immunities
belonging
thereto
:
With
power
to
him
to
substitute
Deputes
,
one
or
moe
,
for
whom
he
shall
be
answerable
:
To
the
effect
,
that
either
he
,
or
his
Deputes
,
may
be
alwayes
present
:
So
that
none
of
the
saids
Judicatories
be
interrupted
for
want
of
Clerkes
.
Which
Clerke
foresaid
,
and
his
Deputes
,
shall
have
the
trust
,
charge
,
and
keeping
of
all
the
Papers
,
Registers
,
Records
,
and
others
foresaids
,
which
concerne
the
Premisses
,
and
the
Acts
,
and
Subscriptions
of
the
said
Clerk
and
his
Substitutes
,
shall
make
as
great
faith
as
the
Acts
and
Subscriptions
,
of
any
other
Clerke
within
this
Kingdome
.
The
saids
Commissioners
and
Clerks
being
countable
to
the
Estates
of
Parliament
:
With
power
also
to
the
saids
Commissioners
,
or
the
Quorum
residing
at
Edinburgh
,
or
other
where
else
,
to
conveene
the
whole
bodie
of
the
Estates
,
when
they
shall
finde
necessity
:
And
this
Commission
to
endure
aye
and
while
the
next
meeting
of
Estates
,
either
in
Convention
or
Parliament
:
And
that
the
same
be
discharged
by
either
of
them
.
And
it
is
hereby
declared
,
That
if
any
of
these
whose
turne
fals
to
be
present
,
shall
be
absent
,
by
whose
neglect
the
businesse
may
be
disappointed
,
The
saids
Quorums
,
or
any
of
them
shall
enjoyne
such
paines
and
penalties
,
either
upon
their
persons
or
goods
,
as
they
shall
find
the
saids
persons
of
the
said
Committee
to
demerit
for
their
absence
from
any
of
the
said
places
respective
.
And
because
there
will
fall
out
in
the
camp
a
necessity
either
of
treaties
,
consultations
or
publike
declarations
,
to
shew
the
reasons
of
the
Demands
and
proceedings
in
the
Assembly
and
Parliament
,
and
the
prejudices
against
either
of
them
,
The
Estates
ordaines
Master
.
Archbald
Iohnstoun
Procurator
for
the
Kirk
,
as
best
acquaint
with
these
reasons
,
and
prejudices
,
to
attend
his
Excellence
,
and
to
be
present
at
all
occasions
with
the
said
Committee
,
for
their
further
information
and
clearing
thereanent
,
with
power
to
any
of
the
saids
Quorums
to
take
the
oathes
of
these
who
are
presently
absent
for
their
faithfull
,
dutifull
,
and
diligent
endeavours
in
the
performance
of
their
duetie
in
the
foresaid
Commission
:
Like
as
it
is
hereby
by
declared
,
that
the
Generall
his
Excellence
,
and
other
generall
Officers
are
hereby
priviledged
and
warranted
to
be
at
the
said
Committee
,
as
occasion
shall
offer
.
ACT
XXXIV
.
ANENT
THE
COMMON
RELIEFE
.
FOrsomuch
as
at
the
Convention
of
the
Estates
,
holden
in
Januarie
1640.
years
,
It
was
voluntarily
offered
,
that
for
defraying
of
the
common
charges
,
and
for
other
necessars
and
urgent
expences
,
every
man
should
pay
the
tenth
part
of
his
yearly
Rent
,
as
well
to
Burgh
as
Land-ward
,
for
the
Cropt
and
yeare
of
God
,
1639.
conforme
to
the
valuations
to
be
made
within
and
without
Burgh
respective
:
And
for
that
effect
did
voluntarily
oblige
themselves
thereunto
,
as
the
bands
granted
thereanent
by
the
Heritours
within
the
severall
Presbyteries
and
Burghs
more
fully
proports
:
Which
band
and
whole
tenour
thereof
,
the
saids
Estates
now
conveened
in
Parliament
,
ratifies
and
approves
in
all
points
as
the
same
is
conceived
,
as
well
anent
the
payment
of
the
said
tenth
part
,
as
anent
the
retention
of
the
proportionall
part
of
the
annuall
Rent
in
manner
therein
exprest
:
And
sicklike
,
in
respect
that
the
burdens
of
the
common
charges
daily
increaseth
,
and
that
the
Heritours
to
Land-ward
,
and
Burgesses
within
Burghs
beare
the
same
,
conforme
to
their
rents
,
trade
,
house-mails
,
and
others
,
whereby
yearly
profit
and
commoditie
ariseth
,
without
respect
to
their
moneys
:
Therefore
it
is
ordained
,
that
the
moneys
or
annuall
rent
,
or
life-rent
shall
beare
an
equall
and
proportionall
burden
with
the
said
rents
,
trade
,
and
house-mails
by
way
of
retention
,
as
well
for
the
foresaid
tenth
part
,
as
in
all
other
burdens
,
the
Countrey
is
,
or
shall
bee
put
unto
by
generall
order
,
and
the
termes
of
retention
to
be
conforme
to
the
termes
of
payment
of
the
said
tenth
part
,
or
of
any
other
burden
imposed
,
or
to
be
imposed
upon
the
said
rents
,
trade
,
or
others
foresaid
,
after
the
proportion
thereof
shall
bee
determined
by
the
Commissioners
,
Auditours
of
the
accompts
of
the
common
burdens
,
appointed
for
that
effect
,
untill
which
time
no
debtours
shall
have
power
to
retaine
any
part
or
portion
of
his
annuall
rent
or
life-rent
further
then
the
said
tenth
part
for
the
crop
and
year
1639.
allanerly
.
And
because
the
present
expedition
,
or
any
other
expedition
hereafter
requires
advancement
by
the
Heritours
and
Burghs
,
of
the
two
part
of
the
foote-men
and
horse-men
their
pay
conforme
to
the
rents
and
valuations
of
each
Shire
and
Burgh
which
will
bee
only
in
some
Sherifdomes
and
Burghs
:
And
to
the
effect
that
the
burden
may
bee
equall
through
the
whole
Kingdome
:
Therefore
it
is
ordained
,
that
the
said
advancement
and
provision
shall
be
put
in
compt
by
the
Shire
,
Burgh
,
Regiment
,
or
Company
,
who
shall
send
out
their
men
in
the
said
expedition
,
or
in
any
other
expedition
or
service
necessar
,
as
the
Councell
of
Estate
and
Generall
shall
command
,
and
the
saids
accompts
,
to
bee
given
in
to
the
saids
Commissioners
Auditors
thereof
,
who
shall
have
power
to
comptroll
,
fit
,
or
allow
the
same
:
Which
compts
being
so
fitted
and
allowed
,
shall
be
a
part
of
the
common
burthen
to
bee
rambursed
and
allowed
to
the
advancers
thereof
:
And
because
a
great
part
of
the
Presbyteries
and
burghs
of
this
Kingdome
have
not
as
yet
reported
their
valuations
perfectly
and
rightly
,
done
conforme
to
the
generall
order
:
Therefore
it
is
ordained
,
that
all
the
presbyteries
and
burghs
within
this
Kingdome
,
who
have
not
as
yet
made
report
of
their
saids
valuations
in
forme
and
manner
above-specified
,
shall
report
the
same
betwixt
and
the
twenty
day
of
June
instant
,
be-south
Tay
,
and
betwixt
and
the
first
day
of
July
next
to
come
be-north
Tay
,
and
that
either
under
the
hands
and
subscriptions
of
the
sworne
men
,
appointed
within
each
presbyterie
,
testifying
the
same
to
bee
true
upon
their
conscience
and
credit
according
to
their
knowledge
after
the
most
exact
and
true
informations
they
could
get
,
or
otherwayes
,
under
the
hands
of
the
heritors
or
magistrates
,
upon
their
consciences
,
and
credit
:
or
last
,
by
the
subscriptions
of
the
heritors
and
magistrates
their
hands
,
but
with
this
caveat
,
that
what
is
concealed
of
land
,
rent
,
trade
or
other
rent
(
whereby
profit
or
commodity
ariseth
,
or
did
arise
the
sayd
yeare
)
the
whole
rent
thereof
,
or
the
equivalent
and
availe
of
the
same
,
shall
bee
confiscate
to
the
publick
use
,
and
the
generall
collector
appointed
to
uplift
and
receave
the
same
,
and
if
need
bee
,
to
pursue
therefore
.
And
(
that
no
subterfuge
and
concealment
be
used
in
valuations
)
it
is
appointed
,
that
all
land
,
trade
,
shipping
,
salmond-fishing
,
and
other
yearly
commodity
whatsoever
,
whereby
profit
did
arise
the
sayd
yeare
,
shall
bee
fully
and
truely
given
up
without
partiality
,
as
the
up-givers
will
either
bee
answerable
on
their
consciences
,
or
the
heritors
upon
the
hazard
of
confiscation
.
And
likewise
it
is
ordained
,
that
all
money
whatsoever
,
which
payes
annuall
rent
to
any
person
not
lyable
in
the
foresaid
contribution
,
shall
pay
a
proportionable
part
of
their
sayd
annuall
rent
to
the
publick
use
,
as
the
same
shall
be
imposed
,
aswell
for
the
said
tenth
part
as
for
the
burthens
hereafter
to
be
imposed
:
And
for
that
effect
,
the
valuers
to
take
particular
notice
of
such
summes
,
and
in
case
any
delay
or
refuse
,
to
send
in
their
saids
valuations
to
the
Clerk
of
the
same
at
Edinburgh
,
betwixt
and
the
saids
dayes
respective
,
in
that
case
it
is
declared
,
that
the
delayers
or
refusers
shall
bee
esteemed
and
valued
conforme
to
their
retoures
or
otherwayes
,
as
the
Committee
at
Edinburgh
shall
thinke
fit
,
and
a
proportion
layed
on
accordingly
,
which
they
shall
be
holden
to
pay
without
any
deduction
or
favour
in
time
comming
:
And
such
like
for
in-bringing
of
the
monys
,
conforme
to
the
saids
valuations
,
it
is
appointed
,
that
there
be
collectors
chosen
in
every
presbyterie
(
where
there
are
none
chosen
as
yet
)
by
the
Gentle-men
and
heritors
,
and
that
the
Commissioners
of
shires
see
the
same
done
,
and
cause
the
saids
collectors
(
so
to
be
chosen
)
subscribe
bands
for
doing
of
their
diligence
,
and
making
payment
of
the
collection
to
the
generall
collector
,
and
send
the
same
into
Edinburgh
to
him
.
And
where
the
valuations
are
already
brought
in
,
and
collectors
already
made
,
it
is
ordained
,
that
the
saids
collectors
shall
,
with
all
possible
diligence
,
send
all
the
money
they
have
to
the
principall
Collector
at
Edinburgh
,
and
shall
use
all
possible
diligence
for
the
rest
,
and
give
in
their
diligence
to
the
said
principall
Collector
,
With
certification
,
if
any
,
lyable
in
payment
of
the
said
tenth
part
,
shall
not
pay
to
the
saids
Collectors
the
summes
due
by
them
,
conforme
to
the
saids
valuations
,
the
said
principall
Collector
or
his
deputes
shall
use
all
lawfull
execution
against
them
where
the
bands
are
subscribed
,
and
where
the
bands
are
not
subscribed
,
they
shall
be
repute
,
and
used
as
non-Covenanters
.
And
to
take
away
all
objections
for
not
paying
of
the
said
tenth
part
,
it
is
appointed
,
that
every
Presbyterie
and
burgh
shall
send
in
their
moneys
,
due
for
the
tenth
part
,
without
deduction
of
any
part
of
it
,
except
what
is
allowed
for
pay
to
their
officers
before
the
first
of
February
last
,
and
prices
of
victuall
delivered
to
Commissars
,
for
the
publick
use
,
or
by
warrant
from
the
Committee
:
And
if
they
have
not
ready
money
,
they
shall
borrow
the
same
,
from
any
person
or
persons
to
burgh
or
land-ward
,
where
it
may
be
had
upon
their
owne
security
:
And
if
any
person
or
persons
,
of
whatsoever
ranke
,
degree
,
or
calling
,
shall
refuse
to
lend
the
same
(
reserving
alwayes
so
much
thereof
,
as
may
reasonably
serve
his
owne
private
use
,
and
his
family
,
according
to
his
estate
and
quality
)
upon
the
said
security
,
It
shall
bee
liesome
to
them
,
to
conveene
them
before
any
ordinary
Judge
,
or
Committee
of
the
shire
,
or
Presbytery
:
which
being
lawfully
proved
,
by
writ
,
witnesse
,
or
oath
of
party
,
that
they
have
money
,
and
refuse
to
lend
the
same
,
They
shall
be
holden
as
opposites
to
the
common
cause
,
and
the
money
to
bee
confiscate
,
the
one
halfe
to
the
apprehenders
,
and
the
other
to
the
publick
use
:
And
because
there
is
a
present
necessity
of
moneys
,
by
and
attour
the
said
tenth
part
,
Therefore
it
is
appoynted
,
and
ordained
,
That
every
presbyterie
within
this
kingdome
shall
lend
to
the
publick
use
,
the
twentieth
part
of
the
rent
,
contained
in
the
valuations
,
and
that
by
and
attour
the
said
tenth
part
,
upon
declaration
and
Act
to
bee
made
by
the
Committee
from
the
Estates
,
that
the
same
is
given
and
lent
by
them
for
the
publick
businesse
,
to
bee
repayed
,
together
with
the
annuall
rents
thereof
,
when
a
common
course
is
laid
downe
,
and
prosecute
for
reliefe
of
the
common
burthens
,
to
bee
ended
with
all
possible
diligence
:
And
the
furthest
shirs
to
returne
their
bands
or
money
betwixt
and
the
first
day
of
July
next
;
Or
otherwayes
it
shall
bee
liesome
to
the
said
Committee
,
from
the
Estates
,
to
find
out
the
money
in
manner
,
and
with
certification
foresaid
,
and
to
designe
to
the
havers
of
the
said
money
any
Noble-men
,
Gentlemen
,
Burgesses
,
or
substantious
wealthy
men
,
within
each
presbytery
,
one
or
moe
,
who
shall
be
oblisht
to
give
band
or
security
to
the
saids
lenners
,
for
repayment
thereof
,
and
annuall
rents
for
the
same
,
in
the
ordinary
forme
,
the
summe
not
exceeding
the
said
proportion
of
the
said
twentieth
part
of
the
valuation
of
the
said
presbytery
.
For
reliefe
of
the
which
persons
,
one
or
moe
who
shall
give
band
or
security
foresaid
,
the
whole
heritors
of
the
said
presbytery
,
as
well
to
burgh
as
landward
,
shall
be
bound
,
conforme
to
the
proportion
of
their
rents
and
dueties
:
and
for
that
effect
,
shall
have
action
of
reliefe
against
them
,
in
case
of
distresses
:
And
such
like
,
it
is
declared
,
That
all
the
Bands
,
Contracts
,
and
other
oblishments
for
summes
of
money
already
borrowed
for
the
publick
use
,
shall
be
relieved
and
payed
by
all
the
heritors
within
this
Kingdome
,
as
well
to
Burgh
as
land-ward
,
conforme
to
the
valuations
proportionally
:
And
that
these
who
have
subscribed
the
saids
bands
,
contracts
,
and
other
oblishments
foresaids
,
shall
have
their
reliefe
of
the
whole
Shires
and
Burghs
,
conforme
to
the
severall
proportions
,
as
well
these
who
have
subscribed
,
as
these
who
have
not
subscribed
the
saids
bands
and
other
foresaids
:
And
where
the
valuers
and
collectors
,
chosen
,
or
to
bee
chosen
,
refuse
to
go
on
and
perfect
the
saids
valuations
,
or
collect
the
tenth
part
in
manner
above
specified
,
in
that
case
they
or
any
of
them
shall
bee
holden
and
repute
as
enemies
to
the
common
cause
:
without
prejudice
alwayes
,
in
case
after
their
sayd
refusall
to
the
heritors
and
magistrates
,
to
doe
any
of
the
other
two
alternatives
,
and
in
case
the
sayd
Heritors
or
Magistrates
delay
after
the
saids
dayes
respective
,
the
foresayd
certification
to
be
valide
against
them
in
manner
foresaid
:
And
it
is
hereby
declared
,
that
if
any
person
or
persons
within
or
without
Burgh
shall
upon
their
oathes
declare
to
the
saids
Valuers
or
Auditours
,
that
they
pay
annuall
rent
to
strangers
,
dwelling
without
this
Kingdome
,
of
whom
they
cannot
have
the
retention
of
the
proportionall
part
of
the
contribution
due
out
of
the
said
annuall
rent
,
in
that
case
the
saids
valuers
or
auditours
shall
defaulk
proportionally
to
the
saids
person
or
persons
contribution
of
their
trade
,
craft
,
rent
,
and
estate
,
as
they
shall
finde
agreeable
to
equity
and
reason
.
And
such
like
,
it
is
hereby
declared
that
this
present
Act
,
nor
no
clause
therein
shall
bee
any
ground
of
Suspension
to
any
debtour
for
retention
of
the
principall
summes
adebted
by
him
,
and
by-run
annuall
rents
:
But
that
every
creditour
may
sute
,
crave
,
and
charge
for
the
same
after
the
day
of
payment
,
as
accords
of
the
law
:
As
also
it
is
statute
and
ordained
,
that
these
debtors
who
shall
not
pay
their
annuall
rents
termly
at
least
within
six
moneths
after
each
terme
of
payment
of
the
said
annuall
rent
,
shall
have
no
retention
of
the
said
proportionall
part
of
the
said
contribution
.
And
such
like
,
it
is
hereby
declared
,
that
this
present
manner
of
stenting
for
the
said
collection
and
contribution
shall
no
wayes
prejudge
any
person
whatsoever
in
succeeding
taxations
;
But
that
every
mans
right
and
claime
anent
the
prejudice
may
arise
concerning
the
same
and
manner
thereof
,
whereby
any
man
can
instruct
,
enorme
lesioun
,
and
that
he
was
unequally
stented
,
Is
hereby
specially
reserved
hinc
inde
.
And
last
,
It
is
statute
and
ordained
,
that
the
Lords
of
Session
shall
bee
Judges
to
all
Suspensions
to
be
raised
in
the
said
collection
and
contribution
in
such
forme
and
manner
as
they
are
,
and
have
been
in
matters
of
taxation
.
ACT
XXXV
.
ORDAINING
SUMMONDS
TO
BE
DIRECT
and
execute
against
the
persons
,
who
are
culpable
of
the
crimes
and
faults
,
contained
in
the
Act
,
to
compeare
before
the
next
Session
of
Parliament
.
THe
Estates
of
Parliament
conveened
by
his
Majesties
speciall
Authoritie
,
Considering
the
present
strait
and
exigencie
,
menacing
the
ruine
of
this
Kingdome
,
and
how
necessary
it
is
,
for
preventing
thereof
,
that
these
who
have
beene
the
authors
,
or
are
the
maintainers
and
assisters
of
these
courses
that
are
destructive
to
the
liberties
of
this
Kirk
and
Kingdome
,
and
that
either
by
their
false
suggestions
and
calumnious
relations
of
the
Estates
of
this
Kingdome
,
and
their
proceedings
to
his
Majestie
,
or
by
their
comming
in
Armes
against
this
their
mother
Countrey
,
and
contributing
to
further
our
Adversaries
in
their
intended
and
professed
plots
and
violences
,
for
the
subduing
and
destroying
this
Kingdome
,
or
by
their
rising
in
Armes
within
the
Countrey
,
fortifying
and
keeping
of
Castles
,
and
houses
against
the
Estates
,
who
defend
the
Countrey
against
all
forraigne
invasions
and
subjection
,
or
by
deserting
their
native
Countrey
in
such
an
extreame
necessitie
,
and
with-drawing
from
them
all
the
assistance
they
can
:
That
all
these
and
others
in
the
like
condition
be
distinguished
,
and
censured
according
to
the
severall
degrees
of
their
transgression
against
the
State
and
Kingdome
,
Therefore
they
grant
full
power
and
warrant
to
the
Committee
,
which
is
to
sit
at
Edinburgh
,
for
to
direct
in
their
name
precepts
to
the
Lion
King
of
Armes
,
and
his
brethren
Heraulds
and
Messengers
,
to
passe
,
warne
,
and
charge
in
name
of
the
saids
Estates
,
the
persons
under-written
:
And
all
others
whom
the
said
Committee
upon
like
probable
grounds
can
suspect
to
have
been
the
Liesing-makers
,
and
tellers
,
and
false
accusers
of
the
States
of
this
Kingdome
,
and
their
proceedings
to
the
Kings
Majestie
,
as
seditious
,
rebellious
and
treasonable
,
to
have
beene
the
instigatours
,
framers
,
and
up-drawers
of
the
strange
Proclamations
,
and
Declarations
made
against
his
Majesties
Subjects
and
Estates
,
as
Rebels
and
Traitours
,
or
to
have
risen
,
or
rise
in
Armes
,
and
concurre
with
the
adversaries
,
for
subduing
of
this
their
native
Countrey
,
or
to
fortifie
,
keepe
,
or
detaine
Strengths
,
or
Castles
against
the
Estates
of
this
Kingdome
,
who
stand
to
their
Covenant
,
for
defending
their
Religion
,
Crown
,
and
Countrey
;
Or
wittingly
and
willingly
to
with-draw
their
assistance
from
their
mother
Countrey
,
in
this
extremity
,
and
contribute
their
help
and
countenance
to
the
adversaries
,
and
all
others
who
are
either
authours
,
abetters
,
maintainers
,
or
suppliers
,
or
art
and
part
,
or
have
any
hand
in
countenancing
and
concurring
with
our
adversaries
,
to
the
subduing
and
destroying
of
this
Kingdome
;
and
especially
these
that
have
seemed
to
joyne
with
us
,
and
have
subscribed
the
Covenant
,
for
to
compeare
personally
on
_____
day
at
Edinburgh
before
the
Parliament
at
the
next
Session
thereof
,
to
answer
unto
these
and
all
other
crimes
of
that
kinde
,
which
may
bee
layed
to
their
charge
,
and
that
under
the
paine
of
treason
and
forefaultrie
for
their
contumacie
,
in
case
of
not
compearance
:
Like
as
the
Estates
declares
that
these
precepts
being
subscribed
by
the
Praeses
and
Quorum
of
the
Committee
foresaid
,
shall
bee
as
sufficient
,
as
if
they
were
subscribed
in
Parliament
.
ACT
XXXVI
.
IN
FAVOURS
OF
THE
KINGS
VASSELS
of
ward-lands
,
recommending
their
prejudice
by
the
Act
Anno
1633.
to
the
consideration
of
the
next
Parliament
,
and
in
the
meane
time
while
then
,
suspending
the
force
and
execution
of
that
Act.
THE
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authority
,
Taking
to
their
consideration
the
bounty
and
benevolence
of
the
Kings
Majesties
most
noble
Progenitors
,
King
James
the
second
,
and
King
James
the
fourth
,
giving
their
Vassels
liberty
to
set
ward-lands
few
:
And
likewise
considering
how
the
Kings
Vassels
of
ward-lands
are
secluded
from
that
benefite
by
the
Act
1633.
which
seemeth
to
be
done
by
mis-information
of
the
Kings
Majesty
,
and
contrary
to
the
intention
of
the
Parliament
,
to
debarre
the
Subjects
of
the
bounty
and
benevolence
of
the
Kings
Majesty
towards
them
,
which
was
formerly
granted
by
his
Progenitours
,
Recommendeth
the
serious
consideration
hereof
,
with
the
meaning
and
intention
of
the
Kings
,
and
the
Estates
,
in
setting
downe
of
the
foresaids
Acts
,
and
how
farre
the
same
Acts
can
be
extended
to
the
prejudice
of
the
Vassels
(
the
Act
Anno
1633.
being
only
a
ratification
of
a
former
Act
made
in
favours
of
the
Subjects
,
and
appointing
the
same
to
be
extended
to
lands
holden
of
the
King
and
Prince
,
and
not
a
direct
Act
for
these
lands
)
to
the
next
meeting
of
the
Parliament
:
And
in
the
meane
time
,
while
the
determination
thereof
,
the
Estates
suppresses
and
suspends
the
force
and
execution
of
the
Act
1633.
against
the
Kings
Vassels
of
ward-lands
,
and
exeemes
them
from
that
Act
during
the
said
interim
.
ACT
XXXVII
APPOINTING
THE
FEES
FOR
THE
Procurator
,
the
Clerk
,
and
Agent
for
the
Kirk
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authoritie
,
Taking
to
their
consideration
,
the
desire
of
the
last
Assembly
,
and
the
supplication
of
the
Commissioners
of
the
Kirk
,
craving
that
the
Advocate
for
the
Kirk
,
the
Clerk
of
the
Assembly
,
and
the
Agent
for
the
Kirk
may
be
provided
to
Fees
and
Pensions
,
for
their
service
in
that
charge
out
of
the
Kirk
rents
belonging
to
the
late
Bishopricks
,
as
they
have
had
their
Pensions
payed
to
them
out
of
the
same
,
since
the
Reformation
.
For
the
Procurator
of
the
Kirk
had
assigned
to
him
foure
last
,
halfe
last
cost
,
extending
to
six
chalders
twelve
;
bowles
meal
and
malt
out
of
the
readiest
duties
of
the
Bishopricke
of
Orknay
yearly
:
In
place
whereof
,
after
the
restitution
of
Bishops
Anno
1606.
there
was
five
hundreth
pounds
ordained
to
be
payed
out
of
the
Kings
Checker
to
the
Advocate
for
the
Kirk
:
Like
as
the
Clerk
of
the
generall
Assembly
,
since
the
Reformation
,
and
before
the
restitution
of
Bishops
,
and
by
the
Bishops
themselves
,
conforme
to
their
Band
in
Janu.
1610.
yeares
,
had
five
hundreth
markes
payed
to
him
yearly
,
and
the
Agent
for
the
Kirk
had
a
continuall
pension
payed
to
him
out
of
the
Kirk
rents
for
his
charge
.
And
herewith
also
,
the
said
Estates
considering
the
necessitie
of
the
saids
Officers
of
Advocate
,
Clerk
,
and
Agent
for
the
Kirks
businesse
,
with
the
weight
of
that
charge
,
and
continuall
attendance
requisite
thereto
,
ordaines
,
and
appoints
the
summe
of
a
thousand
markes
of
Fee
and
Pension
to
be
payed
yearly
to
Master
Archbald
Johnstoun
present
Advocate
for
the
Kirk
,
and
to
his
successours
,
chosen
and
appointed
by
the
Assembly
in
that
place
for
the
Fee
of
that
charge
,
as
Procurator
for
the
Kirk
,
and
the
summe
of
five
hundreth
markes
to
be
payed
yearly
to
the
said
Master
Archbald
Johnstoun
as
present
Clerk
to
the
generall
Assemblies
of
the
Kirk
,
for
the
Fee
and
Pension
of
that
office
,
and
to
his
Successours
chosen
and
appointed
by
the
Assembly
in
that
place
,
for
the
discharge
thereof
and
service
thereintill
:
And
the
summe
of
other
five
hundreth
markes
of
Fee
and
Pension
yearly
to
bee
payed
to
Master
Robert
Dalgleish
present
Agent
for
the
Kirk
,
and
to
his
Successours
chosen
and
appointed
by
the
Assembly
in
that
charge
.
And
in
respect
,
that
the
Advocate
,
Clerk
,
and
Agent
for
the
Kirk
,
must
have
their
continuall
residence
at
Edinburgh
,
for
attending
the
affairs
of
the
Kirk
,
and
that
the
saids
Fees
and
Pensions
ought
to
bee
payed
out
of
the
Bishops
rents
,
and
that
the
saids
officers
,
should
be
payed
thereof
,
out
of
the
nearest
and
most
commodious
rents
,
belonging
to
the
saids
Bishopricks
,
Therefore
the
saids
Estates
,
ordaines
the
saids
fees
and
pensions
to
be
payed
to
the
saids
present
officers
,
and
to
their
successours
respective
,
in
that
charge
out
of
the
readiest
of
the
few
duties
,
and
out
of
the
quotes
of
Testaments
of
the
diocesse
of
S.
Andrews
,
Glasgow
,
and
Edibburgh
,
according
to
the
proportion
and
division
to
be
determinate
and
set
down
,
by
the
Committee
,
from
this
present
Parliament
appointed
to
remaine
at
Edinburgh
:
and
ordaines
the
foresaids
fees
,
to
be
payed
conforme
to
that
division
by
the
heritors
,
fewars
,
fermorers
,
and
others
adebted
in
payment
of
the
few
duties
of
the
saids
three
Bishopricks
,
and
by
the
collectors
,
and
intrometters
with
the
saids
quotes
of
Testaments
:
And
also
ordaines
the
Lords
of
Session
to
direct
letters
on
this
present
Act
,
and
upon
the
determination
and
division
of
the
said
Committee
,
at
the
instance
of
the
Advocate
,
Clerk
,
and
Agent
for
the
Kirk
,
present
and
to
come
,
for
payment
to
them
yearly
,
of
their
saids
fees
and
pensions
above-specified
.
And
because
that
the
present
Procurator
,
Clerk
,
and
Agent
,
have
been
serving
the
Kirk
,
in
these
places
these
two
yeares
by-gone
,
without
receiving
their
fees
otherwayes
due
to
them
,
and
that
the
rents
of
the
saids
two
yeares
,
are
yet
untaken
up
,
by
the
pretended
Bishops
of
Edinburgh
,
Glasgow
,
and
S.
Andrews
,
but
are
restand
in
the
tenants
and
collectors
hands
,
Therefore
they
ordaine
their
entrie
of
payment
,
to
be
to
the
crop
and
yeare
of
God
,
1638.
yeares
.
ACT
XXXVIII
ORDAINING
THE
WHOLE
SUBJECTS
And
Lieges
of
this
Kingdome
to
obey
,
maintaine
,
and
defend
the
Conclusions
,
Acts
and
Constitutions
of
this
present
session
of
Parliament
,
and
to
subscribe
the
band
appointed
for
that
effect
.
IN
the
Parliament
holden
at
Edinburgh
,
the
eleventh
day
of
June
1640.
yeares
,
the
Estates
of
Parliament
presently
conveened
,
by
his
Majesties
speciall
authority
,
Considering
that
whereas
,
after
many
petitions
and
supplications
given
in
and
presented
to
his
Majestie
,
and
the
Lords
of
his
secret
councell
,
by
divers
of
the
Nobility
,
Barons
,
and
Burgesses
of
this
Kingdome
,
for
granting
a
free
Generall
Assembly
and
Parliament
,
for
reforming
of
many
great
abuses
and
novations
,
tending
to
the
overthrow
of
the
true
reformed
Religion
,
and
undoing
of
this
Kirk
and
Kingdome
,
devised
and
brought
in
by
the
late
pretended
Bishops
,
who
by
their
subtle
practises
,
during
his
Majesties
absence
,
these
many
yeares
,
had
ingrost
in
their
persons
,
all
the
Ecclesiastick
and
civill
Power
of
this
his
Majesties
ancient
and
native
Kingdome
;
It
was
granted
by
his
Majestie
,
out
of
his
Royall
Justice
,
and
accorded
by
the
Articles
of
Pacification
,
made
at
his
Majesties
camp
in
the
moneth
of
June
,
1639.
yeares
last
by-past
,
that
a
free
generall
Assembly
and
Parliament
should
be
indicted
by
his
Majestie
,
and
that
all
matters
Ecclesiasticall
should
be
determined
by
the
Assemblies
of
the
Kirk
:
and
matters
civill
,
by
Parliaments
,
and
other
inferiour
Judicatories
,
established
by
Law
:
And
that
according
thereunto
,
his
Majestie
did
indict
an
Assembly
to
be
holden
at
Edinburgh
,
the
twelfth
of
August
,
and
a
Parliament
for
ratifying
the
Conclusions
of
the
same
assembly
,
and
setting
down
such
other
things
as
might
conduce
to
the
peace
and
good
of
the
Kingdome
,
To
be
holden
at
Edinburgh
the
twenty
sixth
of
August
last
by-past
.
In
the
which
assembly
,
the
matters
concerning
the
puritie
of
the
true
reformed
Religion
,
and
peace
of
this
Kirk
,
after
great
debate
,
delayes
,
and
protracting
of
time
,
made
by
John
Earle
of
Traquaire
,
his
Majesties
Commissioner
,
being
at
length
concluded
upon
the
_____
day
of
August
,
1639.
yeares
;
the
Parliament
sitting
down
,
immediately
thereafter
,
upon
the
penult
day
of
the
said
moneth
of
August
,
the
ratifications
of
the
Conclusions
of
the
same
assembly
,
and
many
other
matters
of
great
importance
,
conducing
necessarily
to
the
setling
of
the
peace
of
this
Kingdome
,
being
proponed
in
Parliament
,
were
likewise
shifted
and
delayed
,
and
the
closing
of
the
Parliament
protracted
from
time
to
time
,
unto
the
_____
day
of
November
last
by-past
:
At
the
which
time
,
the
said
John
Earle
of
Traquaire
did
take
upon
him
without
the
consent
of
the
Estates
,
to
prorogate
the
foresaid
Parliament
,
to
the
second
day
of
June
instant
,
not
only
contrary
to
the
Articles
of
Pacification
,
but
also
to
the
prejudice
of
the
Liberties
of
the
Parliament
:
for
preservation
whereof
,
the
saids
Estates
were
forced
to
make
a
declaration
in
Parliament
against
the
same
:
And
that
albeit
since
the
said
_____
day
of
November
,
unto
this
time
,
the
saids
Estates
have
used
all
possible
meanes
to
give
his
Majesty
full
satisfaction
,
both
by
their
peaceable
carriage
at
home
,
and
by
sending
their
Commissioners
to
acquaint
his
Majestie
with
all
their
just
desires
,
and
the
reasons
thereof
,
yet
they
have
not
onely
received
no
answer
,
but
upon
the
contrary
,
their
proceeding
in
the
said
Parliament
,
being
untruly
related
,
by
the
said
John
Earle
of
Traquaire
,
have
been
condemned
as
Rebellious
without
hearing
,
And
our
Commissioners
sent
for
clearing
thereof
,
all
restrained
in
private
houses
for
a
long
time
,
and
John
Lord
Lowdoun
,
being
one
of
them
committed
to
the
Tower
,
where
he
is
still
detained
prisoner
:
The
Castles
of
Edinburgh
,
and
Dumbartane
have
in
the
meane
time
beene
fortified
and
provided
with
all
sort
of
Ammunition
,
in
great
abundance
,
and
Garisons
of
Souldiers
,
(
not
being
natives
of
this
Kingdome
)
put
therein
,
the
Garison
in
the
Castle
of
Edinburgh
,
dayly
killing
diverse
of
the
inhabitants
of
this
Citie
,
and
spoyling
their
houses
with
musquets
and
great
Ordnance
:
all
ships
belonging
to
this
Kingdome
arrested
in
England
,
and
Ireland
:
and
many
of
them
coming
from
other
places
,
layed
waite
for
,
and
taken
by
the
way
:
their
owners
and
passengers
spoyled
of
their
goods
and
apparell
,
layed
in
the
yrons
,
and
barbarously
abused
:
A
Commission
granted
to
the
Generall
of
the
English
forces
by
sea
and
land
,
to
kill
,
destroy
,
and
subdue
this
whole
nation
,
a
printed
Declaration
put
forth
,
denouncing
war
against
it
,
perswading
,
exhorting
,
and
provoking
the
other
two
Kingdomes
to
grant
subsidies
,
and
take
Armes
against
the
inhabitants
of
this
Kingdome
as
traitours
and
rebells
:
And
the
Parliament
of
Ireland
hath
proceeded
so
farre
as
to
declare
them
to
bee
such
:
All
which
they
have
hitherto
endured
patiently
,
and
thereby
given
an
evident
demonstration
to
the
world
of
the
loyalty
of
their
affections
to
their
Soveraigne
,
which
no
extremitie
shall
ever
make
them
to
forget
:
And
now
being
prest
by
the
present
exigence
of
the
Estate
of
this
Kingdome
,
and
bound
by
the
necessity
of
that
naturall
duety
they
owe
to
themselves
and
their
posterity
,
to
provide
for
the
safety
of
the
Common-wealth
,
and
their
owne
,
and
timously
to
prevent
the
utter
ruine
of
this
Nation
,
which
can
no
longer
subsist
under
so
great
a
burden
,
That
time
appointed
being
come
,
to
the
which
the
Parliament
was
prorogate
,
and
no
advertisement
come
from
his
Majestie
to
them
anent
any
course
to
bee
taken
,
for
remeeding
of
the
great
disorders
,
they
being
the
great
Councell
of
the
Kingdome
,
could
not
bee
altogether
so
forgetfull
of
themselves
,
and
deficient
to
their
Countrey
,
as
to
suffer
this
Parliament
which
they
had
so
often
petitioned
from
his
Majestie
,
which
was
conditioned
and
accorded
by
the
saids
Articles
of
Pacification
,
and
indicted
by
his
Majesties
Authority
,
to
bee
deserted
and
expired
without
any
conclusion
to
the
good
of
the
Common-wealth
in
so
great
extremity
:
But
rather
,
thought
themselves
bound
in
conscience
and
duety
to
proceed
to
the
determination
of
such
matters
as
are
necessary
for
the
establishing
of
the
peace
of
this
Kirk
and
Kingdome
,
as
being
the
expresse
and
speciall
ends
of
all
their
Supplications
,
and
agreeable
to
the
saids
Articles
of
Pacification
,
without
trenching
any
wayes
on
Soveraignitie
,
or
derogating
in
any
sort
from
his
Majesties
Royall
Authority
:
but
on
the
contrary
,
only
looking
first
upon
the
constitutions
of
the
generall
Assembly
,
past
in
presence
of
his
Majesties
Commissioner
,
and
the
necessary
consequences
thereof
,
and
then
providing
remedies
for
the
present
evils
of
the
Kingdome
,
by
removing
the
cause
,
and
establishing
necessary
conclusions
for
preventing
the
like
hereafter
:
In
doing
whereof
,
as
they
have
proceeded
uprightly
in
the
way
of
Justice
,
and
with
all
due
reverence
,
and
regard
to
his
Majesties
Authority
,
and
thereby
have
stopped
the
calumnious
mouthes
of
their
adversaries
,
so
they
rest
assured
,
that
his
Majesty
after
due
examination
of
their
proceedings
,
finding
the
same
agreeable
to
the
fundamentall
lawes
and
customes
of
this
his
ancient
and
native
Kingdome
,
and
no
wayes
repugnant
to
Monarchicall
government
,
will
out
of
his
Royall
Justice
and
goodnesse
give
his
full
consent
thereunto
;
And
thereby
totally
remove
and
extinguish
all
ground
and
occasion
of
controversie
against
his
faithfull
and
loyall
Subjects
,
restore
this
Kingdome
to
a
perfect
and
sollid
peace
,
which
they
pray
the
LORD
to
put
in
his
Majesties
Royall
Heart
,
that
he
may
long
and
prosperously
reigne
over
them
.
And
on
the
other
part
,
considering
from
by-gone
experience
how
malicious
and
diligent
their
adversaries
will
be
to
calumniate
these
their
proceedings
,
and
by
their
suggestions
to
the
Kings
Majestie
,
and
to
the
Lieges
,
to
kindle
and
entertaine
factions
and
divisions
thereanent
,
and
how
necessary
it
is
for
the
safety
and
peace
of
this
Kirk
and
Kingdome
,
that
the
members
of
both
doe
unanimously
with
heart
and
hand
testifie
by
their
subscription
their
resolution
,
and
obligation
to
acknowledge
this
Parliament
so
often
desired
by
their
petitions
and
supplications
,
and
conveened
by
his
Majesties
solemne
indiction
,
according
to
the
Articles
of
Pacification
,
to
be
a
free
,
lawfull
,
and
necessarie
Parliament
,
and
to
obey
,
observe
,
and
maintaine
the
same
for
themselves
constantly
and
faithfully
,
and
to
the
uttermost
of
their
power
,
to
joyne
and
concurre
,
in
their
severall
stations
and
callings
,
with
others
to
advance
,
further
,
and
assist
the
execution
,
obedience
,
and
observing
of
the
Acts
and
Constitutions
of
this
present
Parliament
,
as
the
most
sit
and
necessarie
remedies
of
the
by-gone
and
present
evils
and
distractions
of
this
Kirk
and
Kingdome
,
and
for
preservation
of
the
Religion
,
laws
and
liberties
thereof
,
and
of
his
Majesties
Authoritie
,
and
that
in
the
first
Parliament
which
shall
be
holden
hereafter
within
this
Kingdome
,
and
at
all
other
occasions
,
against
any
opposition
whatsoever
,
except
in
so
farre
as
shall
hereafter
be
thought
sit
and
expedient
by
the
common
advise
and
consent
of
the
Estates
:
They
have
ordained
,
and
ordaines
the
Band
under-written
,
to
be
subscribed
by
all
the
Members
of
Parliament
present
and
absent
,
and
by
all
Noble
men
,
Barons
,
Burgesses
,
and
all
other
Subjects
and
inhabitants
of
the
Kingdome
,
in
their
Shires
,
and
Burghs
,
as
they
shall
be
directed
by
the
Commissioners
of
Parliament
left
at
Edinburgh
,
and
to
be
reported
to
the
Clerk
,
betwixt
and
the
first
day
of
September
next
,
with
certification
,
that
such
as
refuse
,
or
post-pone
,
and
delay
to
subscribe
the
same
,
shall
be
holden
as
Enemies
and
Opposites
to
the
common
Cause
,
consisting
in
the
maintenance
of
the
true
reformed
Religion
,
and
of
the
laws
,
and
liberties
of
this
Kingdome
,
and
his
Majesties
Authoritie
.
WEe
Noble-men
,
Barons
,
Burgesses
,
and
others
,
under
subscribers
,
Considering
how
necessarie
it
is
to
establish
our
Union
in
the
preservation
and
maintenance
of
the
Religion
,
Laws
,
and
Liberties
of
this
Kingdome
,
and
of
his
Majesties
Authority
,
and
to
prevent
all
factions
,
contentions
,
and
divisions
,
which
may
arise
in
prejudice
thereof
,
from
malicious
suggestions
and
mis-informations
of
our
adversaries
,
doe
all
,
and
every
one
of
us
with
our
heart
and
hand
testifie
and
declare
our
Resolution
and
Obligation
,
(
for
the
reasons
and
causes
at
length
exprest
in
the
Act
of
Parliament
immediately
preceding
)
to
acknowledge
the
foresaid
Parliament
to
have
been
,
and
to
be
a
free
and
lawfull
Parliament
.
Like
as
we
binde
and
oblish
us
,
and
every
one
of
us
upon
our
honours
and
credit
,
and
as
we
desire
to
be
,
and
to
be
holden
true
lovers
of
our
Countrey
,
and
of
the
Religion
,
laws
,
and
liberties
thereof
,
effauldly
and
faithfully
to
the
uttermost
of
our
power
,
To
joyne
and
concurre
with
our
persons
and
estates
,
every
one
of
us
according
to
our
severall
stations
and
callings
,
in
the
maintenance
of
the
freedome
and
lawfulnesse
of
the
foresaid
Parliament
,
and
in
the
advancement
,
furtherance
,
and
assistance
of
the
execution
,
obedience
,
and
observation
of
the
Acts
and
Constitutions
thereof
,
as
the
most
sit
and
necessarie
remedies
of
the
by-gone
and
present
evils
and
distractions
of
this
Kirk
and
Kingdome
,
and
for
the
preservation
of
Religion
,
laws
,
and
liberties
thereof
,
and
of
his
Majesties
Authoritie
,
and
that
in
the
first
Parliament
,
which
shall
be
holdeu
hereafter
within
this
Kingdome
,
and
at
all
other
occasions
,
and
against
any
opposition
whatsoever
,
except
in
so
far
as
shall
be
hereafter
thought
sit
and
expedient
,
by
the
common
advise
and
consent
of
the
Estates
.
In
witnesse
whereof
we
have
signed
and
subscribed
these
presents
with
our
hands
,
At
,
&c.
ACT
XXXIX
.
DECLARING
THE
PARLIAMENT
Current
,
and
continuing
the
same
while
the
nineteenth
of
November
next
.
THe
Estates
of
Parliament
presently
conveened
by
his
Majesties
speciall
Authoritie
,
Continues
this
present
Parliament
,
and
all
matters
and
actions
belonging
thereto
,
while
the
nineteenth
day
of
November
next
to
come
:
At
the
which
day
,
ordaines
the
whole
Estates
to
be
present
,
and
to
attend
at
Edinburgh
,
or
where
it
shall
happen
the
same
to
be
appointed
to
be
holden
for
the
time
:
And
in
the
meane
time
declares
the
same
Parliament
to
be
current
to
the
day
foresaid
:
And
ordaines
the
whole
Acts
and
Statutes
concluded
in
this
present
Session
of
the
said
Parliament
,
to
stand
and
have
the
force
and
strength
of
Laws
,
such
like
as
any
Acts
and
Statutes
of
any
preceding
Parliaments
in
any
time
by-gone
:
And
ordaines
the
same
to
be
published
and
printed
,
notwithstanding
of
the
continuation
thereof
to
the
day
foresaid
.
ACTS
DONE
AND
PAST
IN
THE
LAST
SESSION
OF
THE
SECOND
PARLIAMENT
OF
OUR
SOVERAIGN
LORD
,
&c.
Beginning
the
15.
day
of
June
1641.
and
ending
the
17.
of
November
,
the
same
year
,
according
to
the
severall
dates
respective
after
specified
prefixed
thereto
.
ACT
V.
ANENT
THE
OATH
TO
BE
GIVEN
BY
Every
member
of
Parliament
.
August
18.
1641.
FORSOMUCH
as
the
honour
,
greatnesse
and
happinesse
of
the
Kings
Royall
Majestie
,
and
the
welfare
of
the
Subjects
depend
on
the
puritie
of
Religion
,
as
it
is
now
established
in
this
Kingdome
,
the
laws
,
liberties
and
peace
thereof
,
which
ought
to
be
sought
after
by
all
good
Christians
,
loyall
Subjects
,
and
true
Patriots
,
And
to
be
furthered
and
maintained
by
them
against
all
such
,
as
by
any
meanes
,
endeavour
to
shake
,
or
subvert
the
same
.
THEREFORE
We
under-subscribers
,
and
every
one
of
Us
,
do
in
the
presence
of
almightie
God
promise
and
vow
,
That
in
this
present
Parliament
We
shall
faithfully
and
freely
,
speak
,
answer
and
expresse
our selves
upon
all
,
and
every
thing
which
is
or
shall
be
proponed
,
so
farre
as
we
think
in
our
conscience
may
conduce
to
the
glorie
of
God
,
the
good
and
peace
of
the
Church
,
and
State
of
this
Kingdome
,
and
imploy
our
best
indeavours
to
promove
the
same
:
And
shall
in
no
wayes
advise
,
voyce
nor
consent
to
any
thing
,
which
to
our
best
knowledge
,
we
think
not
most
expedient
and
conduceable
thereto
:
as
also
that
we
shall
maintaine
and
defend
with
our
Life
,
Power
,
and
Estate
,
His
Majesties
Royall
Person
,
Honour
and
Estate
,
as
is
exprest
in
our
Nationall
Covenant
:
And
likewise
the
Power
and
Priviledges
of
Parliament
,
and
the
lawfull
Rights
and
Liberties
of
the
Subjects
,
and
by
all
good
means
and
wayes
,
oppose
,
and
indeavour
to
bring
to
exact
tryall
,
all
such
as
either
by
force
,
practise
,
counsell
,
plots
,
conspiracies
,
or
other
wayes
,
have
done
,
or
shall
do
any
thing
in
prejudice
of
the
puritie
of
Religion
,
the
Laws
,
Liberties
,
and
Peace
of
the
Kingdome
:
And
further
,
that
we
shall
in
all
just
and
honourable
wayes
indevour
to
preserve
union
and
peace
betwixt
the
three
Kingdomes
of
Scotland
,
England
,
and
Ireland
,
and
neither
for
hope
,
feare
,
nor
other
respect
shall
relinguish
this
vow
and
promise
.
Read
in
audience
of
the
Kings
Majestie
and
the
Estates
of
Parliament
,
who
approve
the
same
,
and
appoint
the
said
oath
to
be
taken
by
all
members
of
this
Parliament
,
and
in
all
Parliaments
hereafter
,
before
they
proceed
to
any
act
,
or
determination
.
ACT
VI.
ACT
ANENT
THE
RATIFICATION
OF
The
Articles
of
the
Treatie
,
superscribed
by
the
King
,
and
subscribed
by
the
President
of
the
Parliament
.
August
26.
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
Ratifies
and
approves
the
articles
of
the
large
treaty
concerning
the
establishing
of
the
peace
betwixt
the
Kings
Majestie
,
and
his
people
of
Scotland
,
and
betwixt
the
two
Kingdomes
of
Scotland
and
England
:
And
for
his
Majestie
and
his
successours
perpetually
confirmes
the
same
,
ordaining
the
same
in
all
time
comming
to
have
the
full
force
and
strength
of
perfect
security
,
lawes
,
and
acts
of
Parliament
:
Like
as
his
Majesty
,
for
Himself
and
his
Successours
,
promiseth
,
in
verbo
Principis
,
never
to
come
in
the
contrary
thereof
,
for
any
thing
therein
contained
:
but
to
hold
the
same
firme
and
stable
,
and
shall
cause
it
to
be
truly
observed
by
all
his
Majesties
Lieges
according
to
the
tenour
&
intent
thereof
for
now
&
ever
.
Wherof
the
tenour
followes
:
WHereas
by
his
Majesties
Royall
Wisedome
,
and
Princely
care
of
the
Peace
and
Happinesse
of
his
Majesties
Dominions
,
a
Treaty
hath
beene
appointed
for
removing
of
all
differences
raised
betwixt
the
two
Kingdomes
,
and
betwixt
the
King
and
his
Subjects
of
Scotland
,
and
for
setling
and
assuring
a
firme
and
blessed
Peace
for
all
time
to
come
:
and
a
Commission
hath
been
given
under
the
great
Seale
of
England
,
with
approbation
of
both
Houses
of
Parliament
,
bearing
date
23.
of
November
in
the
16.
yeare
of
his
Majesties
raigne
,
and
in
the
words
following
:
CHARLES
by
the
grace
of
God
,
King
of
Scotland
,
England
,
France
,
and
Ireland
,
Defender
of
the
Faith
,
&c.
To
our
Right
trusty
,
and
right
welbeloved
Cousins
,
Francis
Earle
of
Bedford
,
William
Earle
of
Hartford
,
Robert
Earle
of
Essex
,
And
to
our
right
trusty
,
and
right
welbeloved
Cousin
and
Councellour
,
William
Earle
of
Salisbury
,
And
to
our
right
trusty
,
and
right
welbeloved
Cousin
,
Robert
Earle
of
Warwick
,
And
to
our
right
trusty
,
and
right
welbeloved
Cousin
,
John
Earle
of
Bristoll
,
And
to
our
right
trusty
,
and
right
welbeloved
Cousin
and
Counsellor
,
Henry
Earle
of
Holland
,
And
to
our
right
trusty
,
and
right
welbeloved
Cousin
and
Councellour
,
Thomas
Earle
of
Berks
,
And
to
our
right
trusty
,
and
welbeloved
,
Philip
Lord
Wharton
,
William
Lord
Paget
,
Edward
Lord
Kimbalton
,
Robert
Lord
Brooke
,
John
Lord
Paulet
,
Edward
Lord
Howard
of
Estrick
,
Thomas
Lord
Savil
,
and
Francis
Lord
Dunsmore
,
Greeting
.
Whereas
divers
of
our
Subjects
of
Scotland
,
have
by
their
severall
Petitions
humbly
besought
us
,
that
we
would
be
gratiously
pleased
to
grant
unto
them
certaine
Demands
,
we
reposing
especiall
trust
and
confidence
in
your
great
wisedomes
and
fidelities
,
have
named
,
assigned
,
and
appointed
you
,
and
by
these
presents
doe
name
,
assigne
,
and
appoint
you
to
be
our
Commissioners
:
and
doe
hereby
give
,
and
grant
unto
you
,
or
any
ten
,
or
more
of
you
,
full
power
,
and
authority
to
treat
with
John
Earle
of
Rothes
,
Charles
Earle
of
Dumfermling
,
John
Lord
Loudoun
,
Sir
Patrick
Hepburne
of
Wauchton
,
Sir
William
Douglas
of
Cavers
,
William
Drummond
of
Riccarton
,
John
Smith
Baily
of
Edinburgh
,
Alexander
Wedderburne
Clerke
of
Dundy
,
Hugh
Kennedy
Burgesse
of
Air
,
Alexander
Hendersone
,
and
Archibald
Johnstoun
,
or
any
of
them
,
Or
any
other
deputed
,
or
to
be
deputed
by
our
said
Subjects
of
Scotland
,
or
nominated
on
their
behalfe
;
and
to
take
into
your
serious
consideration
the
said
Demands
,
and
compose
,
conclude
,
and
end
all
differences
arising
thereupon
:
Or
otherwayes
,
as
you
,
or
any
ten
,
or
more
of
you
,
in
your
wisedomes
shall
thinke
fit
:
And
whatsoever
you
our
Commissioners
aforesaid
,
or
any
ten
,
or
more
of
you
shall
doe
in
the
premisses
,
We
doe
by
these
presents
ratifie
,
and
confirme
the
same
.
In
witnesse
whereof
We
have
caused
these
our
Letters
to
be
made
Patents
.
Witnesse
our selfe
at
Westminster
the
three
and
twentieth
day
of
November
,
in
the
sixteenth
yeare
of
our
Raigne
.
Per
ipsum
Regem
.
AND
IN
LIKE
MANNER
,
A
COMMISSION
hath
beene
granted
by
the
Committees
of
the
Parliament
of
Scotland
,
bearing
date
the
last
of
October
,
and
the
4
day
of
November
,
1640.
and
in
the
words
following
:
WEe
the
Commissioners
of
the
Parliament
of
Scotland
,
being
a
full
number
of
both
the
Quorums
thereof
,
under-subscribing
:
Forsomuch
as
the
Kings
Majesty
,
our
dread
Soveraign
hath
been
graciously
pleased
,
upon
our
humble
supplications
,
to
appoint
a
Treaty
,
and
Conference
at
Rippon
betwixt
our
Commssioners
,
chosen
,
and
sent
by
Us
for
that
effect
,
and
a
number
of
the
Peeres
of
England
,
who
accordingly
met
,
and
have
accorded
upon
certain
Articles
,
as
well
anent
the
maintenance
of
our
Armie
,
as
anent
the
cessation
of
Arms
during
the
Treatie
.
And
because
the
time
for
the
ensuing
Parliament
of
England
could
not
permit
the
Treaty
to
come
to
the
wished
conclusion
there
,
his
Majestie
was
therefore
likewise
pleased
to
trans-ferre
the
said
Treatie
to
London
,
where
the
said
Parliament
is
to
hold
,
that
there
these
entrusted
by
his
Majestie
,
and
Estates
of
Parliament
,
may
have
the
better
time
and
place
to
treat
,
and
conclude
thereanent
.
Therefore
Wee
the
said
Commissioners
,
being
a
full
number
of
both
Quorums
thereof
under-subscribing
,
by
vertue
,
and
conforme
to
the
Commission
granted
to
us
by
the
Estates
of
Parliament
,
doe
not
onely
approve
the
said
Articles
already
agreed
upon
,
and
subscribed
by
our
said
Commissioners
at
Rippon
,
but
also
doe
by
these
presents
give
full
power
,
warrant
&
Commission
to
John
Earle
of
Rothes
,
Lord
Lesley
,
&c.
Charles
Earle
of
Dumfermling
,
Lord
Urquhart
and
Fuby
,
&c.
John
Lord
Londoun
,
Sir
Patrick
Hepburne
of
Wachtoun
,
Sir
William
Douglas
of
Cavers
,
William
Drummond
of
Riccarton
,
John
Smith
of
Edinburgh
,
Mr.
Alexander
Wedderburne
of
Dundy
,
and
Hugh
Kennedy
,
of
Air
,
as
members
of
the
Estates
of
Parliament
.
And
because
many
things
may
occurre
,
concerning
the
Church
,
and
Assemblies
thereof
:
Therefore
besides
these
of
the
Estates
we
nominate
,
and
appoint
Mr.
Alexander
Hendersone
,
and
Mr.
Archibald
Johnstoun
,
whom
we
adjoyne
for
that
effect
;
With
power
to
them
,
or
any
seven
of
them
,
there
being
alwayes
two
of
every
Estate
,
to
passe
to
the
said
City
of
London
,
and
there
,
or
at
any
other
place
convenient
(
mutually
to
be
agreed
upon
)
to
meet
,
and
conveen
with
any
who
shall
be
appointed
by
his
Majesty
,
and
Estates
of
Parliament
of
England
for
the
foresaid
Treaty
,
giving
,
granting
,
and
committing
;
like
as
we
by
these
presents
give
,
grant
,
and
commit
to
them
in
manner
foresaid
,
full
power
,
warrant
,
and
commission
to
treat
,
consult
,
advise
,
determine
,
and
agree
,
as
well
anent
the
satisfying
,
and
granting
of
our
Demands
,
as
in
obtaining
,
and
securing
a
setled
peace
for
all
time
comming
,
conforme
to
the
instructions
given
to
them
herewith
,
or
which
shall
be
sent
to
them
hereafter
by
us
,
or
any
one
of
the
said
Quorums
at
the
Campe
of
Edinburgh
thereanent
.
With
power
to
them
,
as
said
is
,
to
do
everything
which
may
conduce
for
the
better
and
easier
obtaining
of
our
said
demands
,
and
establishing
a
setled
peace
,
conforme
to
the
said
particular
instructions
,
in
such
like
manner
as
we
might
do
if
we
were
all
personally
present
our selves
in
full
number
,
promising
to
hold
firme
and
stable
all
,
and
every
thing
our
said
Commissioners
in
manner
foresaid
shall
do
in
the
Premisses
,
conforme
to
the
said
instructions
.
And
in
case
it
shall
be
found
expedient
,
or
necessary
to
adde
any
more
Commissioners
to
the
foresaid
persons
,
these
who
shall
so
be
sent
,
authorized
under
our
hands
,
or
the
full
number
of
any
of
the
said
Quorums
,
shall
have
a
like
power
,
and
Commission
by
vertue
of
these
presents
with
the
fore-named
Commissioners
,
in
such
like
manner
,
as
if
their
names
were
particularly
exprest
herein
.
In
witnesse
whereof
these
presents
are
subscribed
at
Newcastle
and
Edinburgh
the
last
of
October
,
and
4.
of
November
,
1640.
SIC
SUBSCRIBITUR
.
-
Rothes
.
-
Montrose
.
-
Cassils
.
-
Lothian
.
-
Lyndesay
-
Balmerino
.
-
Naper
.
-
Burghly
.
-
Jo.
Cooper
.
-
Thomas
Hope
.
-
Ricccarton
.
-
Caprinton
.
-
Gaitgirth
.
-
Dundas
.
-
Edward
Edgar
.
-
Rich.
Maxwell
.
-
James
Scot.
-
Gorterfield
.
-
Hume
.
-
Hammilton
.
-
Mr.
Will
.
More
.
-
Ja.
Sword
.
-
Hew
Kennedy
.
-
Rutherfoord
.
And
forasmuch
as
by
vertue
of
the
said
Commissions
,
the
Commissioners
therein
authorised
,
have
treated
,
and
by
the
assistance
and
blessing
of
God
have
agreed
upon
the
heads
,
and
articles
following
.
ARTICLES
OF
THE
LARGE
TREATY
concerning
the
establishing
of
the
peace
betwixt
the
Kings
Majestie
,
and
his
people
of
Scotland
,
and
betwixt
the
two
Kingdomes
,
agreed
upon
by
the
Scottish
and
English
Commissioners
,
at
the
City
of
Westminster
,
the
seventh
day
of
August
.
1641.
THe
SCOTTISH
COMMISSIONERS
(
having
given
in
the
Declaration
following
,
viz.
WEE
doe
still
in
all
Loyalty
,
as
becomes
humble
and
duetifull
Subjects
,
acknowledge
our
dependency
upon
his
Majesty
as
our
dread
Soveraign
,
whether
his
Majesty
live
in
Scotland
or
England
,
and
shall
alwayes
,
and
in
all
things
witnesse
our
high
respects
and
best
affections
to
the
Kingdome
and
Parliament
of
England
,
according
to
the
strong
bonds
of
nature
and
religion
,
by
which
the
two
Kingdomes
are
joyned
under
one
Head
and
Monarch
:
yet
as
wee
are
fully
assured
that
the
Kingdome
and
Parliament
of
England
,
is
for
the
present
farre
from
any
thought
of
usurpation
over
the
Kingdome
and
Parliament
of
Scotland
,
or
their
Lawes
and
Liberties
:
so
,
for
the
preventing
the
misunderstanding
of
the
Posterity
and
of
Strangers
,
and
for
satisfying
the
scruples
of
others
not
acquainted
with
the
nature
of
this
Treaty
and
the
manner
of
our
proceedings
,
which
may
arise
upon
our
comming
into
England
,
and
our
treating
in
time
of
Parliament
;
We
doe
by
these
declare
and
make
known
,
that
neither
by
our
Treaty
with
the
English
,
nor
by
seeking
our
peace
to
bee
established
in
Parliament
,
nor
any
other
actions
of
ours
,
doe
wee
acknowledge
any
dependency
upon
them
,
or
make
them
Judges
to
us
or
our
Lawes
,
or
any
thing
that
may
import
the
smallest
prejudice
to
our
Liberties
,
but
that
wee
come
in
a
free
and
brotherly
way
by
our
informations
to
remove
all
doubts
,
that
may
arise
concerning
the
proceedings
of
our
Parliament
,
and
to
joyne
our
endeavours
in
what
may
conduce
for
the
good
and
peace
of
both
Kingdomes
,
no
otherwise
then
if
by
occasion
of
the
King
his
residence
in
Scotland
Commissioners
in
the
like
exigence
should
be
sent
thither
from
England
)
DID
DEMAND
,
that
his
Majesty
would
bee
graciously
pleased
to
command
that
the
Acts
of
the
late
Parliament
may
bee
published
in
his
Highnesse
name
as
our
Soveraign
Lord
,
with
consent
of
the
Estates
of
Parliament
conveened
by
his
Majesties
authority
.
WHEREUNTO
it
is
answered
and
agreed
,
That
for
as
much
as
the
Kings
Majesty
,
at
the
humble
desire
of
his
Subjects
,
did
call
and
conveen
a
Parliament
to
be
holden
at
Edinburgh
the
2.
of
June
,
1640.
wherein
certain
Acts
were
made
and
agreed
upon
,
which
Acts
his
Majestie
(
for
the
peace
and
good
of
his
Kingdome
)
is
pleased
to
publish
in
his
owne
name
with
consent
of
the
Estates
,
and
therefore
commands
that
the
said
Acts
bearing
date
the
11.
day
of
June
,
1640.
be
published
with
the
Acts
to
be
made
in
the
next
Session
of
the
same
Parliament
:
and
that
all
the
said
Acts
,
aswell
of
the
precedent
as
of
the
next
Session
,
to
be
holden
,
have
in
all
time
comming
the
strength
of
Lawes
,
and
to
be
universally
received
,
and
obeyed
by
all
the
Subjects
of
the
Kingdome
of
Scotland
.
His
Majesty
doth
in
the
word
of
a
King
promise
the
publishing
of
the
said
Acts
in
such
sort
as
is
above
specified
.
As
for
the
manner
of
publishing
the
said
Acts
,
his
Majesty
approves
that
the
Declaration
of
the
Estates
in
the
beginning
of
the
Acts
,
and
the
conclusion
at
the
end
,
may
be
past
in
silence
at
the
publishing
of
the
Acts
,
and
left
out
in
the
printed
Copies
:
And
if
any
thing
shall
further
occurre
concerning
the
manner
of
publishing
the
said
Acts
,
his
Majesties
Commissioner
may
then
offer
it
to
the
Estates
to
be
considered
of
,
his
Majesty
being
most
assured
that
the
Estates
of
Parliament
will
have
a
great
care
not
to
suffer
his
Majesties
authority
to
be
prejudiced
in
the
managing
of
these
great
affaires
.
Tertio
Decembris
,
1640.
THE
SECOND
DEMAND
,
that
the
Castle
of
Edinburgh
,
and
other
strengths
of
the
Kingdome
should
,
with
the
advice
of
the
Estates
of
Parliament
,
according
to
their
first
foundation
be
furnished
,
and
used
for
defence
and
security
of
the
Kingdome
.
IS
AGREED
UNTO
.
THE
THIRD
DEMAND
,
that
Scottish
men
within
his
Majesties
Dominions
of
England
and
Ireland
,
may
be
freed
from
censure
for
subscribing
the
Covenant
,
and
be
no
more
pressed
with
oathes
and
subscriptions
unwarranted
by
their
Lawes
,
and
contrary
to
their
Nationall
oath
and
Covenant
approved
by
his
Majesty
.
It
is
thereto
answered
and
agreed
in
his
Majesties
name
,
upon
Decemb.
8.
1640.
That
as
his
Majesty
hath
granted
your
first
and
second
Demands
,
so
doe
we
in
his
Majesties
name
answer
to
the
third
:
That
all
these
who
in
his
Majesties
Dominions
of
England
or
Ireland
have
been
imprisoned
,
forfeited
,
or
censured
any
other
way
for
subscribing
of
the
Covenant
,
or
for
refusing
to
take
any
other
Oath
contrary
to
the
same
,
shall
be
freed
of
these
censures
,
and
shall
be
fully
restored
to
their
Liberties
,
Estates
,
and
Possessions
.
And
for
time
comming
,
that
the
Subjects
of
Scotland
,
as
Subjects
of
Scotland
,
shall
not
be
constrained
to
any
oath
contrary
to
the
Lawes
of
that
Kingdome
,
and
the
Religion
there
established
:
but
such
of
the
Kingdome
of
Scotland
as
shall
transport
themselves
into
the
Kingdome
of
England
or
Ireland
,
and
there
be
setled
Inhabitants
,
either
by
way
of
having
inheritance
or
free-hold
,
or
by
way
of
setled
Trades
(
by
which
the
way
of
trading
of
the
Factors
of
Merchants
,
nor
of
Merchants
themselves
is
not
to
be
understood
)
shall
be
subject
to
the
Lawes
of
England
or
Ireland
,
and
to
the
oathes
established
by
the
Lawes
,
and
Acts
of
Parliament
in
the
said
Kingdomes
respectively
,
wherein
they
live
,
and
have
their
ordinary
and
constant
residence
,
and
not
otherwayes
.
And
the
English
and
Irish
shall
have
the
like
Priviledge
in
Scotland
,
8.
Decembris
.
1640.
To
the
fourth
Demand
,
craving
that
his
Majesty
may
be
graciously
pleased
to
declare
,
as
an
Act
of
Royall
Justice
,
serving
much
to
his
owne
Honour
,
for
the
establishing
of
his
Throne
,
and
for
the
good
and
Peace
of
both
Kingdomes
,
That
whosoever
shall
be
found
upon
Tryall
and
Examination
by
the
Estates
of
either
of
the
two
Parliaments
(
they
judging
against
the
Persons
subject
to
their
owne
Authority
)
to
have
been
the
Authors
and
Causers
of
the
late
and
present
troubles
and
combustion
,
whether
by
labouring
to
make
,
and
forment
Division
betwixt
the
King
and
his
People
,
or
betwixt
the
two
Nations
,
or
any
other
way
,
shall
be
liable
to
the
Censure
and
Sentence
of
the
said
Parliaments
respectively
,
Conforme
to
the
Paper
of
Decemb.
9.
1640.
It
is
answered
,
upon
the
11.
of
Decemb.
1640.
That
his
Majesty
beleeveth
he
hath
none
such
about
him
;
And
therefore
concerning
that
point
,
he
can
make
no
other
Declaration
,
then
that
he
is
just
,
and
that
all
his
Courts
of
Justice
are
free
and
open
to
all
men
.
His
Parliament
in
this
Kingdome
is
now
sitting
,
and
the
current
Parliament
of
Scotland
neere
approaching
the
time
of
their
meeting
,
To
either
of
which
,
hee
doth
not
prohibite
any
of
his
Subjects
to
present
their
just
grievances
,
and
complaints
,
of
whatsoever
nature
,
each
medling
,
and
judging
against
the
Persons
,
subject
to
their
own
Authority
.
11.
Decembris
1640.
It
is
further
answered
upon
the
said
11.
of
December
,
1640.
To
your
fourth
Demand
,
Concerning
Incendiaries
,
that
his
Majesty
beleeveth
,
he
hath
none
such
about
him
:
Therefore
,
concerning
that
point
,
he
can
make
no
other
Declaration
,
then
that
he
is
just
,
and
that
all
his
Courts
of
Justice
are
to
bee
free
and
open
to
all
men
.
His
Parliament
in
this
Kingdome
is
now
sitting
,
and
the
current
Parliament
of
Scotland
neere
approaching
the
time
of
their
meeting
;
in
either
of
which
respective
,
he
doth
not
prohibite
the
Estates
to
proceed
in
trying
and
judging
whatsoever
of
his
Subjects
.
And
whereas
it
was
further
demanded
,
that
as
his
Majesty
would
not
hinder
any
of
his
Subjects
to
be
tried
and
judged
by
the
Parliament
:
so
that
none
after
the
Sentence
of
the
Parliament
should
have
accesse
to
his
Majesty
,
or
be
maintained
,
and
enjoy
Places
or
Offices
,
and
have
credit
or
authority
to
informe
and
advise
his
Majesty
,
Conforme
to
the
Paper
of
December
23.
1640.
It
is
declared
in
his
Majesties
name
,
upon
December
30.
1640.
Besides
his
Majesties
former
Answers
,
His
Majesty
hath
commanded
us
to
declare
in
his
Name
,
That
he
will
not
imploy
any
Person
or
Persons
in
Office
or
Place
that
shal
be
judged
incapable
by
sentence
of
Parliament
:
Nor
wil
he
make
use
of
their
service
without
the
consent
of
Parliament
,
nor
grant
them
accesse
to
his
Person
,
whereby
they
may
interrupt
,
or
disturbe
that
firme
Peace
,
which
he
now
so
much
desireth
,
he
being
confident
that
they
will
proceed
in
a
faire
&
just
way
,
and
(
according
to
their
severall
professions
)
with
that
respect
to
his
honour
,
which
in
reason
he
may
expect
from
good
and
dutiful
Subjects
:
30.
of
Decemb.
1640.
The
fifth
Demand
,
That
their
ships
and
goods
,
and
all
Dammage
thereof
may
be
restored
.
Is
condescended
unto
,
and
to
be
reciprocal
,
That
all
Ships
and
Goods
taken
at
Sea
or
stayed
in
Ports
,
with
dammage
bee
restored
on
both
sides
.
And
that
some
summary
course
be
agreed
upon
for
the
performance
thereof
upon
the
Demands
of
the
particulars
on
both
sides
,
Conforme
to
the
Paper
of
December
30.
1640.
And
further
it
was
agreed
upon
the
7.
of
Januarie
,
1641.
Stilo
Scotico
.
That
all
Ships
taken
and
stayed
should
be
reciprocally
restored
on
both
sides
,
And
that
the
Scottish
Commissioners
having
informed
that
about
fourescore
Ships
of
Scotland
are
yet
stayed
in
the
Ports
,
and
are
like
to
suffer
much
further
losse
and
dammage
,
if
they
shall
not
be
delivered
into
some
hands
who
may
have
care
of
them
:
It
is
agreed
,
for
the
more
speedy
expedition
of
the
Scottish
Ships
,
and
that
the
owners
thereof
be
not
longer
damnifyed
by
the
want
of
them
,
that
warrants
shall
bee
presently
granted
for
delivery
of
all
their
Ships
,
and
that
foure
thousand
pounds
be
presently
advanced
for
Cauking
,
Sailes
,
Cordage
,
and
other
necessaries
for
helping
the
present
setting
forth
of
the
said
Ships
:
And
for
the
rest
of
this
Article
,
when
it
shall
come
in
the
sixt
Demand
,
it
shall
be
agreed
unto
,
7.
of
Januarie
,
1641.
Stilo
Scotico
.
To
the
sixth
Demand
,
concerning
the
losses
which
the
Kingdome
of
Scotland
hath
sustained
,
and
the
vast
charges
they
have
been
put
unto
by
occasion
of
the
late
troubles
,
and
the
reparation
desired
from
the
Justice
,
and
kindnesse
of
the
Kingdome
of
England
towards
reliefe
thereof
,
in
manner
,
and
upon
the
ground
exprest
in
the
Paper
of
the
7.
of
Januarie
,
1641.
Stilo
Scotico
.
It
is
answered
,
that
this
House
thinks
fit
that
a
friendly
assistance
,
and
relief
shall
be
given
,
towards
supply
of
the
losses
&
necessities
of
the
Scots
,
&
that
in
due
time
this
House
wil
take
into
consideration
the
measure
&
maner
of
it
,
Conform
to
the
paper
22.
of
Jan.
1641.
Stilo
Scotico
.
And
further
,
the
Parliament
upon
the
3.
of
February
did
declare
,
that
they
did
conceive
,
that
the
summe
of
three
hundred
thousand
pounds
is
a
fit
proportion
for
the
friendly
assistance
,
and
relief
formerly
thought
fit
to
be
given
towards
supply
of
the
losses
,
and
necessities
of
their
Brethren
of
Scotland
,
and
that
the
House
would
in
due
time
take
into
consideration
the
manner
how
,
and
the
time
when
the
same
shall
be
raised
,
Conforme
to
the
Paper
of
the
3.
of
Febr.
1641.
Stilo
Scotico
,
and
given
in
to
the
Treaty
upon
the
5.
of
the
said
Moneth
.
And
whereas
it
was
desired
by
the
Scottish
Commissioners
,
that
the
English
Commissioners
would
let
them
know
from
the
Parliament
,
the
security
,
manner
,
and
termes
of
Payment
of
the
foresaid
summe
of
three
hundred
thousand
Pounds
,
and
of
the
Arrears
due
for
reliefe
of
the
Northerne
Counties
,
It
was
agreed
unto
by
warrant
,
and
order
of
the
Parliament
,
that
they
should
have
fourescore
thousand
Pounds
,
as
a
part
of
the
foresaid
summe
of
three
hundreth
thousand
pounds
,
with
the
whole
Arrears
due
to
the
Army
,
before
the
disbanding
thereof
,
Conforme
to
the
Paper
of
the
26.
of
May
,
1641.
and
given
in
to
the
Treaty
upon
the
27.
of
the
said
Moneth
.
And
concerning
the
security
for
paying
of
the
remnant
of
the
said
sum
of
three
hundred
thousand
pounds
,
which
is
Arreare
,
extending
to
200
and
20000
Pounds
,
It
is
resolved
,
and
agreed
unto
by
both
Houses
of
Parliament
,
That
an
act
of
Parliament
of
publike
Faith
shall
passe
for
security
thereof
,
And
that
one
moity
,
or
equall
halfe
of
the
same
,
extending
to
one
hundred
and
ten
thousand
Pounds
,
shall
be
payed
at
Midsommer
,
in
Anno
1642.
And
the
other
moity
,
or
equall
halfe
thereof
to
be
payed
at
Midsommer
,
in
Anno
1643.
as
the
order
of
the
houses
of
Parliament
,
of
the
19
&
25.
daies
of
June
1641.
doth
more
fully
purport
.
And
in
like
maner
,
whereas
it
was
desired
by
the
Scottish
Commissioners
,
that
they
might
know
to
whom
they
should
addresse
themselves
,
for
payment
of
the
summes
at
the
dayes
appointed
by
the
Parliament
,
Conform
to
the
Parliaments
determination
of
the
19.
of
June
:
Secondly
,
at
what
place
the
payment
should
be
made
:
Thirdly
,
that
a
safe
conduct
may
be
granted
for
the
secure
transporting
of
the
moneys
to
Scotland
,
at
the
times
of
the
payment
agreed
upon
.
It
is
answered
and
resolved
by
the
Parliament
,
That
these
Earles
,
Lords
and
Commissioners
following
,
shall
be
the
persons
to
whom
the
Scots
shall
addresse
themselves
for
the
receiving
of
the
summes
at
the
dayes
appointed
by
the
Parliament
;
Earl
of
Bedford
,
Earle
of
Essex
,
Earle
of
Warwick
,
Earle
of
Holland
,
Earle
of
Stanford
,
Lord
Wharton
,
Lord
Mandevill
,
Lord
Brook
,
Mr.
Martin
,
Sir
Thomas
Barrington
,
Mr.
Capell
,
Sir
Ar.
Ingram
,
Sir
Gilbert
Gerrard
,
Sir
Robert
Pye
,
Mr.
H.
Bellasis
,
Sir
Walter
Earle
,
Sir
William
Litton
,
Sir
Henry
Mildmay
,
Sir
Thomas
Cheek
,
Sir
John
Strangewayes
,
Mr.
Arthur
Goodwine
,
Mr.
Hampden
,
Alderman
Soam
,
Alderman
Pennington
.
Resolved
upon
the
question
,
That
the
place
of
payment
shall
be
the
Chamber
of
London
.
Resolved
upon
the
question
,
that
a
safe
conduct
shall
be
granted
for
the
secure
transporting
of
the
moneyes
to
Scotland
,
at
the
termes
of
Payment
agreed
upon
at
the
charge
of
the
Scots
,
Conforme
to
the
Paper
,
June
22.
1641.
yeares
.
To
the
seventh
Demand
,
desiring
that
as
his
Majestie
hath
approved
the
acts
of
the
late
Parliament
,
wherein
all
such
Declarations
,
Proclamations
,
Books
,
Libels
,
&
Pamphlets
as
have
bin
made
,
written
,
or
published
against
his
loyal
and
dutifull
subjects
of
Scotland
,
are
re-called
,
and
ordained
to
be
suppressed
,
and
destroyed
,
So
his
Majesty
may
be
pleased
to
give
order
that
the
same
may
be
suppressed
,
recalled
,
&
forbidden
in
England
and
Ireland
,
and
that
the
loyalty
,
integrity
,
and
faithfulnesse
of
his
Majesties
subjects
of
Scotland
towards
his
Majesties
Royall
Person
&
Government
,
may
at
the
closing
of
this
Treaty
of
Peace
,
and
at
the
time
of
publick
thanksgiving
for
the
same
,
be
made
known
in
all
places
,
and
all
Parish
Churches
of
his
Majesties
Dominions
.
This
was
the
more
earnestly
desired
,
&
confidently
expected
from
his
Majesties
Justice
&
goodnesse
,
Because
no
calamity
or
distresse
hath
so
sore
vexed
,
or
so
deeply
wounded
the
hearts
of
his
Majesties
Subjects
,
as
that
their
loyalty
and
love
towards
their
Native
King
should
have
been
controverted
,
&
by
the
malignancy
of
bad
Instruments
brought
into
suspition
;
And
because
they
unfainedly
desire
,
&
pray
for
his
Majesties
happinesse
,
and
are
resolved
by
all
meanes
,
and
at
all
occasions
to
deny
themselves
,
and
what
they
have
for
his
Majesties
Honour
:
As
is
more
fully
contained
in
the
Paper
of
the
8.
of
February
1641.
Stilo
Scotico
.
It
is
answered
upon
the
10.
of
February
1641.
Stilo
Scotico
.
We
do
agree
,
that
all
declarations
,
proclamations
,
acts
,
books
,
libels
,
and
pamphlets
that
have
been
made
,
&
published
against
the
loyalty
&
dutifulnesse
of
his
Majesties
subjects
of
Scotland
,
shal
be
recalled
,
suppressed
,
&
forbidden
in
England
&
Ireland
.
And
that
this
be
reciprocall
in
Scotland
,
if
any
such
have
bin
made
,
or
published
there
in
prejudice
of
his
Majesties
honour
:
And
this
upon
diligent
inquiry
to
be
done
by
the
authority
of
the
Parliament
next
sitting
in
Scotland
,
of
which
the
Commissioners
of
Scotland
doe
promise
to
have
an
especial
care
:
And
we
do
also
agree
,
that
when
it
shall
please
Almighty
God
to
grant
a
happy
close
of
this
Treaty
of
Peace
,
the
loyalty
of
his
Majesties
said
Subjects
shall
be
made
known
at
the
time
of
publick
thanksgiving
in
all
places
,
&
particularly
in
the
Parish
Churches
of
his
Majesties
Dominions
.
Unto
which
we
are
the
rather
induced
,
for
that
you
expresse
how
deeply
it
hath
wounded
the
hearts
of
his
Majesties
said
Subjects
,
that
their
loyalty
&
love
to
his
Matie
their
native
King
should
be
brought
in
question
,
&
suspition
:
Whereas
they
unfainedly
desire
&
pray
for
his
Majesties
happines
,
&
are
resolved
by
all
means
,
&
at
all
occasions
to
deny
themselves
,
&
what
they
have
,
for
his
Majesties
honor
,
10.
Febr.
1641.
stilo
scotico
.
Concerning
the
eighth
Demand
,
for
an
happy
and
durable
Peace
,
which
is
the
chiefest
of
all
our
desires
,
and
unto
which
all
the
former
seven
Articles
being
now
agreed
upon
,
are
as
many
Preparations
.
We
do
first
of
all
desire
,
that
all
monuments
,
tokens
,
&
shews
of
hostility
upon
the
borders
of
the
two
kingdoms
may
be
taken
away
,
&
that
upon
the
reasons
&
considerations
particularly
exprest
in
the
paper
,
of
the
10.
of
Febr.
1641.
stilo
scotico
.
That
not
only
the
Garrisons
of
Barwick
,
and
Carlile
may
be
removed
,
but
that
the
works
may
be
slighted
,
and
the
places
dismantled
.
It
is
answered
,
and
agreed
upon
the
14.
of
June
,
That
his
Majesty
is
desirous
,
that
all
things
betwixt
the
Kingdomes
of
Scotland
and
England
,
bee
reduced
into
the
same
state
they
were
in
,
before
the
beginning
of
the
late
troubles
.
And
therefore
Hee
doth
give
his
Assent
to
the
advice
of
the
two
Houses
of
Parliament
,
that
the
Garrisons
of
Barwicke
and
Carlile
,
upon
the
disbanding
of
the
Scottish
Army
now
in
England
,
and
of
all
such
Forces
as
are
gathered
together
in
Scotland
,
be
likewise
presently
removed
:
And
that
the
Fortifications
of
Barwick
and
Carlile
bee
also
reduced
to
the
same
condition
they
were
before
the
late
troubles
.
So
that
all
Fortifications
in
Scotland
bee
likewise
put
in
the
same
condition
they
were
before
the
said
troubles
;
And
that
the
Workes
bee
not
repaired
,
but
suffered
to
decay
,
and
that
the
Ordinance
,
and
Ammunition
bee
removed
:
And
that
it
bee
without
prejudice
to
his
Majesties
former
grant
of
the
second
Demand
,
Concerning
the
keeping
of
the
Castles
of
the
Kingdome
of
Scotland
,
14.
of
June
,
1641.
To
their
desire
concerning
unity
in
Religion
,
&
uniformity
of
Church-government
,
as
a
speciall
meanes
for
conserving
of
Peace
betwixt
the
two
Kingdoms
,
upon
the
grounds
and
reasons
contained
in
the
Paper
of
the
10.
of
March
given
into
the
treaty
and
Parliament
of
England
.
It
is
answered
,
upon
the
15.
of
June
,
That
his
Majesty
,
with
the
advice
of
both
Houses
of
Parliament
,
doth
approve
of
the
affection
of
his
Subjects
of
Scotland
,
in
their
desire
of
having
Conformity
of
Church-government
betweene
the
two
Nations
,
and
as
the
Parliament
hath
already
taken
into
consideration
the
Reformation
of
church
government
,
so
they
wil
proceed
therin
in
due
time
,
as
shal
best
conduce
to
the
glory
of
God
,
the
peace
of
the
Church
,
&
of
both
Kingdoms
;
11.
of
June
1641.
To
their
desire
of
the
Kings
Majesty
,
and
the
Prince
their
comming
,
and
residing
some
times
in
Scotland
,
upon
the
reasons
given
in
,
February
16.
1641.
Stilo
Scotico
.
It
is
answered
upon
the
9.
of
June
,
that
his
Majesty
doth
take
in
good
part
the
sense
his
Subjects
of
Scotland
have
of
his
absence
,
and
the
dutifull
expression
they
make
of
their
desire
to
have
Him
,
and
the
Prince
his
Sonne
frequently
among
them
;
and
assuring
himselfe
that
they
have
no
other
intention
in
this
Demand
,
but
meerely
to
expresse
their
love
to
his
Person
,
and
the
welfare
of
his
ancient
Kingdome
,
He
declares
unto
them
,
that
as
he
shall
finde
the
urgency
of
those
affaires
require
his
presence
,
and
his
other
conveniences
here
permit
,
He
will
repaire
thither
,
and
the
Prince
his
Sonne
,
so
farre
as
he
may
know
and
be
acquainted
with
the
People
there
,
9.
of
June
1641.
To
the
desire
concerning
the
manner
of
choosing
and
placing
of
the
officers
of
State
,
Counsellors
,
and
Sessioners
,
within
the
Kingdome
of
Scotland
by
advice
of
the
Parliament
,
upon
the
grounds
and
reasons
given
in
,
March
15.
1641.
Stilo
Scotico
.
It
is
answered
the
9.
of
June
,
in
his
Majesties
name
;
We
intend
nothing
more
heartily
,
and
really
then
that
our
People
shall
be
governed
by
the
Laws
of
the
Kingdome
,
and
that
all
Judges
in
their
severall
Judicatories
should
judge
accordingly
.
Therefore
we
wil
never
allow
nor
permit
,
that
either
Counsellors
,
officers
of
State
,
or
Judges
be
exeemed
from
our
,
&
our
Parliaments
tryall
and
censure
,
for
the
discharging
of
their
duties
in
their
severall
offices
,
and
places
;
Likewise
we
conceive
that
nothing
will
more
conduce
to
the
good
of
our
service
,
and
the
peaceable
and
happy
government
of
the
Kingdome
,
then
that
officers
of
State
,
places
of
Councell
and
Session
,
and
other
Judicatories
be
provided
with
honest
,
able
,
and
qualified
men
.
For
which
end
,
and
because
of
our
necessary
absence
from
that
Kingdom
,
which
maketh
the
qualification
of
Persons
fit
for
places
lesse
known
to
us
,
We
shal
so
far
give
eare
to
the
Informations
of
our
Parliament
,
and
when
our
Parliament
is
not
sitting
,
of
our
Councell
,
and
Colledge
of
Justice
,
as
that
we
shal
make
choise
of
some
one
of
such
,
as
they
by
common
consent
upon
the
vacancie
of
the
place
shal
recommend
unto
us
:
Or
if
wee
shall
conceive
another
person
to
bee
fitter
then
any
of
these
recommended
,
wee
shall
make
the
same
knowne
to
the
Parliament
,
or
in
the
time
betweene
Parliament
,
to
out
Councell
and
Session
,
that
from
them
wee
may
be
informed
of
the
Qualification
and
Abilities
of
the
person
named
by
us
,
to
the
effect
,
that
if
by
their
Information
it
shall
appeare
to
us
,
that
there
is
just
exception
against
the
life
,
and
qualification
of
the
said
party
,
wee
may
timely
nominate
some
other
,
against
whom
there
shall
bee
no
just
exception
.
By
which
meanes
wee
doubt
not
,
but
that
wee
shall
from
time
to
time
choose
such
honest
men
,
as
for
their
knowne
Integrities
and
Abilities
shall
bee
fit
to
discharge
their
places
,
and
Offices
,
with
that
duty
and
sufficiency
which
wee
and
our
Subjects
may
justly
expect
.
Which
intention
of
ours
being
now
so
cleerely
and
fully
expressed
,
wee
doubt
not
,
but
will
give
good
satisfaction
to
our
ensuing
Parliament
.
And
as
wee
never
intended
to
remove
just
and
able
men
from
their
places
in
the
Colledge
of
Justice
:
So
doe
wee
now
declare
for
our
peoples
full
satisfaction
,
that
their
places
shall
provided
unto
them
,
Quam
diu
se
bene
gesserint
.
And
if
this
our
Answer
cannot
content
the
Scottish
Commissioners
,
Wee
doe
then
remit
the
whole
Answer
to
be
considered
by
us
,
or
our
Commissioner
,
and
the
Parliament
,
at
the
next
sitting
thereof
,
9.
of
June
,
1641.
To
their
desire
of
placing
some
Scottish
men
of
respect
about
the
King
;
and
Queenes
Majesties
,
and
the
Princes
Highnesse
,
upon
the
grounds
and
reasons
given
in
the
9.
of
Aprill
,
1641.
It
is
answered
,
His
Majesties
goodnesse
,
and
grace
towards
his
Subjects
of
Scotland
in
placing
them
about
his
owne
Person
,
in
places
of
greatest
neerenesse
and
trust
,
hath
beene
such
,
as
ought
to
give
them
full
satisfaction
of
His
Royall
Affection
towards
His
Subjects
of
His
Native
Kingdome
.
Therefore
,
for
this
point
,
His
Majestie
needeth
onely
to
assure
them
that
hee
shall
continue
the
same
care
,
which
hitherto
hee
hath
done
for
their
satisfaction
in
this
particular
:
and
not
onely
so
,
but
shall
also
recommend
the
same
to
the
Prince
his
Sonne
,
that
successively
the
Kingdome
of
Scotland
shall
so
taste
of
the
care
of
their
Soveraignes
,
That
by
the
Grace
of
God
,
they
shall
never
want
a
sufficient
number
of
honest
,
and
sufficient
persons
of
that
Nation
about
the
Kings
Person
and
Princes
,
against
whom
there
shall
be
no
just
exception
,
the
9.
of
June
,
1641.
To
their
desire
that
none
may
have
place
about
his
Majesty
,
and
the
Prince
,
but
such
as
are
of
the
reformed
Religion
,
in
manner
expressed
in
the
paper
.
1.
April
1641.
It
is
answered
,
His
Majesty
doth
conceive
,
that
his
Subjects
of
Scotland
have
no
intention
by
this
proposition
,
(
especially
by
way
of
demand
)
to
limit
,
or
prescribe
unto
him
the
choice
of
his
Servants
,
but
rather
to
shew
their
zeal
to
Religion
,
wherein
his
owne
piety
will
make
him
do
therein
that
which
may
give
just
satisfaction
to
his
people
,
9.
June
1641.
To
their
desire
given
in
the
first
of
April
,
concerning
the
Copper
Coine
.
It
is
answered
,
Whereas
the
Scottish
Commissioners
have
represented
unto
his
Majesty
,
the
great
prejudice
sustained
by
the
Kingdom
of
Scotland
,
through
the
coining
of
Copper
money
,
which
hath
passed
there
this
long
time
by-gone
,
for
seven
times
and
above
as
much
as
the
true
value
and
worth
thereof
,
contrary
to
the
continuall
custome
of
that
Kingdome
,
And
therefore
desiring
that
no
Copper
money
bee
coined
hereafter
,
without
consent
of
the
Estates
conveened
in
Parliament
,
who
may
remedy
the
present
prejudices
the
Country
sustains
thereby
:
And
who
upon
good
consideration
of
the
necessity
thereof
in
time
to
come
,
may
appoint
such
a
competent
proportion
as
is
fit
,
and
as
the
Countrey
shall
require
for
the
use
of
the
poore
,
and
for
change
in
buying
and
selling
of
commodities
,
and
that
the
same
shall
not
passe
,
but
according
to
the
intrinsick
value
thereof
,
with
the
allowance
of
a
tenth
part
or
such
a
proportion
as
the
Parliament
shall
think
fit
to
allow
for
the
impression
,
and
workmanship
in
coyning
.
His
Majesty
is
graciously
pleased
to
recommend
to
the
ensuing
Parliament
of
Scotland
the
whole
matter
of
copper
coine
,
and
remits
to
their
consideration
to
take
such
order
therein
as
they
shall
thinke
fitting
,
not
onely
concerning
the
copper
coine
to
be
coyned
hereafter
,
but
also
the
copper
money
already
coyned
,
how
the
same
shall
take
vent
,
and
passe
in
payment
in
time
comming
,
Conforme
to
the
paper
of
the
ninth
of
June
,
1641.
CONCERNING
AN
ACT
OF
Pacification
and
Oblivion
.
IT
is
agreed
unto
,
that
in
the
approaching
Parliament
of
Scotland
there
shall
be
an
Act
of
Pacification
,
declaring
that
the
late
commotions
,
and
troubles
arising
from
the
innovations
of
Religion
,
and
corruption
of
Church
Government
,
by
the
mercy
of
God
,
and
the
Kings
Royall
wisdome
,
and
Fatherly
care
,
are
turned
into
a
quiet
calme
and
comfortable
Peace
,
lest
either
his
Majesties
love
,
or
the
constant
loyalty
of
his
Subjects
in
their
Intentions
and
Proceedings
be
hereafter
called
in
question
,
and
that
such
things
as
have
falne
forth
in
these
tumultuous
times
,
while
Lawes
were
silent
,
whether
prejudiciall
to
his
Majesties
Honour
and
Authority
,
or
to
the
Lawes
and
Liberties
of
the
Church
and
Kingdome
,
or
to
the
particular
interest
of
the
Subject
,
(
which
to
examine
in
a
strict
court
of
Justice
might
prove
an
hinderance
to
a
perfect
peace
)
may
be
buried
in
perpetuall
Oblivion
:
So
it
is
expedient
for
making
the
Peace
and
Unitie
of
his
Majesties
Dominions
the
more
firme
and
faithfull
,
and
that
his
Majesties
countenance
against
all
feares
may
shine
upon
them
all
the
more
comfortably
,
that
an
Act
of
Pacification
and
Oblivion
be
made
in
the
Parliaments
of
all
the
three
Kingdomes
,
for
burying
in
forgetfulnesse
all
Acts
of
hostility
,
whether
between
the
King
and
his
Subjects
,
or
between
subject
and
subject
,
or
which
may
be
conceived
to
arise
upon
the
coming
of
any
English
Army
against
Scotland
,
or
coming
of
the
Scottish
Army
into
England
,
or
upon
any
Action
,
Attempt
,
Assistance
,
Counsell
,
or
Advise
having
relation
thereunto
,
and
falling
out
by
the
occasion
of
the
late
troubles
preceding
the
conclusion
of
the
Treaty
,
and
the
return
of
the
Scottish
Army
into
Scotland
,
That
the
same
,
and
whatsoever
hath
ensued
thereupon
,
whether
trenching
upon
the
Lawes
and
Liberties
of
the
Church
and
Kingdom
,
or
upon
his
Majesties
Honour
and
Authority
,
in
no
time
hereafter
may
be
called
in
question
,
nor
resented
as
a
wrong
Nationall
,
or
Personall
,
whatsoever
be
the
quality
of
the
person
,
or
persons
,
or
of
whatsoever
kind
or
degree
,
Civill
or
Criminall
,
the
injury
is
supposed
to
be
,
and
that
no
mention
be
made
thereof
in
time
coming
,
neither
in
judgment
,
nor
out
of
judgment
,
But
that
it
shall
be
held
,
and
reputed
,
as
though
never
any
such
thing
had
been
thought
,
nor
wrought
.
And
this
to
be
extended
,
not
onely
to
all
his
Majesties
subjects
now
living
,
but
to
their
Heires
,
Executors
,
Successours
,
and
all
others
whom
it
may
concerne
in
any
time
to
come
.
And
for
that
end
,
that
by
the
tenour
of
this
Statute
,
all
Judges
,
Officers
,
and
Magistrates
whatsoever
,
be
prohibited
and
discharged
of
directing
of
Warrants
for
citation
,
processing
,
or
executing
any
sentence
or
judgment
upon
Record
,
or
any
way
molesting
any
of
his
Majesties
lieges
concerning
the
premisses
in
all
time
coming
.
Like
as
that
his
Majestie
for
himselfe
and
his
Successours
,
promiseth
in
verbo
Principis
,
never
to
come
in
the
contrary
of
this
Statute
and
Sanction
,
nor
any
thing
therein
contained
,
but
to
hold
the
same
in
all
points
,
firm
,
and
stable
,
And
shall
cause
it
to
be
truly
observed
by
all
His
Majesties
Lieges
,
according
to
the
tenour
and
intent
thereof
for
now
and
ever
,
And
that
in
all
time
coming
these
presents
shall
have
the
full
force
and
strength
of
a
true
and
perfect
security
,
as
if
they
were
extended
in
most
ample
and
legall
forme
.
Providing
that
the
benefit
of
the
said
Statute
shall
no
wayes
be
extended
to
any
of
the
Scottish
Prelates
,
or
to
John
Earl
of
Traquair
,
Sir
Robert
Spotswood
,
Sir
John
Hay
,
and
Master
Walter
Balcanquall
,
cited
and
pursued
as
Incendiaries
betwixt
the
Kingdomes
,
and
betwixt
the
King
and
his
People
,
and
for
bribery
,
corruption
,
and
many
other
grosse
crimes
contained
in
their
charges
generall
and
speciall
,
nor
to
any
other
persons
,
who
are
cited
,
and
shall
be
found
by
the
Parliament
of
Scotland
,
in
his
Majestie
or
his
Commissioners
their
owne
hearing
,
to
be
so
extraordinarily
guilty
of
these
and
the
like
crimes
,
as
they
cannot
in
justice
,
and
with
the
honour
of
the
King
,
and
Countrey
,
passe
from
them
.
Provided
further
that
the
benefit
of
this
Act
shall
not
bee
understood
to
extend
to
the
favour
of
Theeves
,
Robbers
,
Murtherers
,
Broken
men
,
Sorners
,
Out-lawes
,
nor
their
Receptors
,
With
reservation
also
of
the
legall
pursuits
and
processes
of
the
Scots
in
Ireland
,
for
the
reparation
of
their
losses
according
to
justice
,
against
such
who
have
illegally
wronged
and
persecuted
them
,
since
by
one
of
the
Articles
of
the
Treatie
they
are
appointed
to
be
restored
to
their
means
and
estate
.
It
is
also
to
be
understood
,
that
nothing
is
meant
hereby
to
be
done
in
prejudice
either
of
the
payment
of
the
debts
owing
upon
promise
or
security
,
by
the
Scottish
Army
to
any
of
the
Counties
,
or
to
any
person
there
,
(
the
same
being
instructed
before
the
removall
of
the
Scottish
Army
)
or
of
the
Arrears
due
to
the
Scottish
Army
,
or
to
that
brotherly
assistance
granted
them
by
the
Parliament
of
England
.
That
the
great
blessing
of
a
constant
and
friendly
conjunction
of
the
two
Kingdomes
now
united
by
alleageance
,
and
loyall
subjection
to
one
Soveraigne
and
Head
,
may
be
firmly
observed
,
and
continued
to
all
Posterity
,
it
is
agreed
that
an
Act
be
past
in
the
Parliament
of
England
that
the
Kingdomes
of
England
or
Ireland
,
shall
not
denounce
,
nor
make
warre
against
the
Kingdome
of
Scotland
,
without
consent
of
the
Parliament
of
England
,
As
on
the
other
part
it
shall
be
enacted
there
,
that
the
Kingdome
of
Scotland
shall
not
denounce
nor
make
warre
against
the
Kingdoms
of
England
or
Ireland
,
without
consent
of
the
Parliament
of
Scotland
.
No
ships
either
of
the
Kings
or
Free-booters
,
or
others
,
shall
stop
the
trade
of
the
Kingdome
,
or
hinder
,
or
harme
their
neighbour
Kingdome
without
consent
of
Parliament
declaring
a
breach
of
Peace
,
And
if
any
armies
shall
be
levied
,
or
trade
stopped
and
Neighbours
harmed
,
or
wronged
,
the
States
of
the
Countrey
by
which
it
is
done
to
be
obliged
to
pursue
,
take
,
and
punish
the
offenders
with
all
rigour
,
And
if
any
of
the
Kingdomes
assist
,
receive
,
or
harbour
them
,
they
are
to
be
punished
as
breakers
of
the
Peace
,
And
if
after
complaint
and
remonstrance
to
the
Commissioners
after
mentioned
,
and
to
the
Parliament
,
redresse
,
and
reparation
be
not
made
,
then
,
and
in
that
case
,
the
same
to
be
counted
a
breach
of
the
Peace
by
the
whole
Kingdome
,
And
in
case
any
of
the
subjects
of
any
of
the
Kingdomes
shall
rise
in
arms
,
or
make
war
against
any
other
of
the
Kingdoms
,
and
subjects
thereof
,
without
consent
of
the
Parliament
of
that
Kingdome
,
whereof
they
are
subjects
,
or
upon
which
they
doe
depend
,
that
they
shall
be
held
,
reputed
,
and
demained
as
traitours
to
the
States
whereof
they
are
subjects
,
And
that
both
the
Kingdomes
in
the
cases
aforesaid
bee
bound
to
concurre
in
the
repressing
of
these
that
shall
happen
to
arise
in
Armes
,
or
make
warre
without
consent
of
their
owne
Parliament
,
And
that
the
way
of
conveening
Forces
for
suppressing
such
as
levie
warre
bee
as
in
case
of
Invasion
,
Provided
that
this
bee
not
extended
to
particular
quarrells
upon
the
borders
,
And
that
it
bee
enacted
that
in
such
case
,
It
shall
be
lawfull
for
any
of
the
subjects
to
conveene
to
suppresse
such
evill
affected
persons
,
And
that
each
Kingdome
shall
bee
bound
by
publike
faith
punctually
to
performe
this
Article
:
And
if
eyther
parliament
shall
denounce
warre
,
they
shall
give
three
moneths
warning
.
That
the
Peace
to
be
now
established
may
be
inviolably
observed
in
all
time
to
come
,
It
is
agreed
,
that
some
shall
be
appointed
by
his
Majestie
,
and
the
Parliaments
of
both
Kingdomes
,
who
in
the
interim
betwixt
the
sitting
of
the
Parliaments
may
be
carefull
that
the
peace
,
now
happily
concluded
,
may
be
continued
,
and
who
shall
endeavour
by
all
means
to
prevent
all
trouble
and
division
:
And
if
any
debate
or
difference
shall
happen
to
arise
to
the
disturbance
of
the
common
peace
,
they
shall
labour
to
remove
,
or
compose
them
according
to
their
power
,
It
being
supposed
,
that
for
all
their
proceedings
of
this
kinde
they
shall
be
answerable
to
the
Kings
Majestie
,
and
the
Parliaments
:
And
if
any
thing
shall
fall
forth
,
which
is
above
their
power
,
and
cannot
bee
remedied
by
them
,
they
shall
informe
themselves
in
the
particulars
,
and
represent
the
same
to
the
Kings
Majestie
,
and
the
ensuing
Parliaments
,
that
by
their
wisedome
and
authoritie
all
occasions
,
and
causes
of
troubles
being
removed
,
the
peace
of
the
Kingdome
may
be
perpetuall
to
all
Posteritie
.
And
it
is
declared
,
that
the
power
of
the
Commission
shal
be
restrained
to
the
articles
of
peace
in
this
treatie
.
Whereas
it
is
desired
,
that
an
Act
may
be
made
in
the
Parliament
of
England
for
ratifying
of
the
Treatie
,
and
all
the
Articles
thereof
,
which
is
likewise
to
be
ratified
in
the
Parliament
of
Ireland
(
which
in
all
the
Articles
is
comprehended
under
the
name
of
England
)
and
after
the
Treatie
is
confirmed
in
the
said
English
Parliament
,
and
all
other
necessarie
conditions
performed
,
and
Armies
on
both
sides
shall
at
a
certain
day
to
be
appointed
for
that
effect
,
remove
and
disband
:
So
that
when
the
Scottish
Armie
shall
remove
from
New-castle
,
the
English
Armie
shall
likewise
be
disbanded
,
and
repaire
home
to
their
severall
Countries
,
and
places
of
their
residence
,
and
the
Irish
Army
to
disband
before
that
time
,
that
hereafter
a
quiet
and
durable
peace
may
bee
kept
according
to
the
Articles
.
And
that
this
Treaty
and
whole
proceedings
thereof
may
be
likewise
ratified
in
the
Parliament
of
Scotland
,
and
a
firme
Peace
established
,
It
is
desired
,
that
his
Majestie
may
bee
graciously
pleased
now
to
declare
,
That
the
ensuing
Parliament
of
Scotland
shall
have
full
and
free
power
,
as
the
nature
of
a
free
Parliament
of
that
Kingdome
doth
of
it self
import
,
to
ratifie
and
confirm
the
Treatie
,
and
whole
Articles
thereof
,
and
to
receive
account
of
all
Commissions
granted
by
them
,
examine
their
proceedings
,
and
grant
exonerations
thereupon
,
And
to
treat
,
deliberate
,
conclude
and
enact
whatsoever
shall
be
found
conducible
to
the
settling
of
the
good
and
peace
of
that
Kingdome
.
And
that
his
Majesties
Commissioners
shall
be
authorized
with
full
power
to
approve
whatsoever
Acts
and
Statutes
which
upon
mature
deliberation
shall
happen
to
be
accorded
unto
by
the
Estates
in
that
behalfe
,
and
shall
sit
and
continue
without
interruption
or
prorogation
,
while
all
things
necessary
for
that
effect
be
determined
,
enacted
and
brought
to
a
finall
conclusion
,
unlesse
for
better
conveniencie
of
affairs
his
Majesties
Commissioner
,
with
the
speciall
advice
and
consent
of
the
Estates
shall
thinke
fit
to
adjourne
the
same
to
any
other
time
,
which
shall
no
wayes
derogate
from
the
full
and
perfect
concluding
of
the
whole
premisses
,
before
the
said
Parliament
be
dissolved
.
This
whole
Article
is
assented
unto
,
but
in
so
farre
as
concerns
the
dayes
and
circumstances
of
disbanding
to
be
agreed
upon
.
Forasmuch
as
the
severall
jurisdictions
,
and
administrations
of
Justice
in
either
Realme
may
be
deluded
or
frustrated
by
delinquents
for
their
owne
impunity
,
if
they
shall
commit
any
offence
in
the
one
Realme
,
and
thereafter
remove
their
persons
,
and
make
their
abode
in
the
other
:
Therefore
that
no
person
sentenced
by
the
Parliament
of
either
Nation
as
Incendiaries
betwixt
the
Nations
,
or
betwixt
the
King
and
his
people
,
shall
enjoy
any
benefit
,
Civill
or
Ecclesiasticall
,
or
have
any
shelter
,
or
protection
in
any
other
of
his
Majesties
Dominions
,
Like
as
where
Malefactors
,
and
Criminals
guilty
of
the
crimes
mentioned
in
the
Act
of
Parliament
1612.
Cap.
2.
and
others
of
that
nature
,
and
committed
by
Scottishmen
within
the
Kingdome
of
England
or
Ireland
,
or
any
part
thereof
,
are
taken
and
apprehended
in
England
or
Ireland
,
that
it
shall
be
lawfull
to
the
Justiciars
of
England
or
Ireland
to
remand
them
to
Scotland
,
as
the
Act
beares
:
And
further
,
if
any
Malefactors
committing
crimes
in
Scotland
,
England
,
or
Ireland
,
being
duly
processed
in
the
Kingdome
where
the
crimes
are
committed
,
and
being
Fugitives
,
and
remayning
in
any
other
of
the
Kingdomes
foresaid
,
that
the
Judges
of
either
Kingdomes
shall
be
holden
at
the
instance
,
and
suit
of
the
party
offended
,
to
take
and
remand
the
Criminals
and
Malefactors
to
the
Kingdomes
where
the
Crimes
were
committed
,
And
the
like
Act
to
be
made
in
Scotland
,
and
this
Act
would
be
extended
as
well
to
debts
as
crimes
:
And
what
further
is
requisite
concerning
this
and
other
particulars
,
for
setling
of
Peace
in
the
middle
shires
,
and
accelerating
Justice
upon
delinquents
,
both
Civill
and
Criminall
,
Is
to
bee
considered
by
the
Committee
to
be
appointed
for
that
effect
.
It
is
answered
,
that
such
persons
as
shall
be
Natives
in
either
Kingdome
,
and
shall
commit
any
offence
in
the
Realme
whereof
they
shall
be
Natives
,
and
shall
afterwards
remove
their
persons
into
the
other
,
and
such
persons
as
shall
be
inhabitants
in
either
Kingdome
,
and
shall
commit
any
offence
in
the
Realme
,
where
they
shall
be
inhabitants
during
the
time
of
their
habitation
there
,
and
shall
afterwards
remove
their
persons
into
the
other
,
and
shall
be
for
that
same
censured
by
the
Parliament
of
that
Nation
where
the
offence
was
committed
,
as
Incendiaries
betwixt
the
Nations
,
or
betwixt
the
King
and
his
people
,
shall
not
enjoy
any
benefit
,
Civill
or
Ecclesiasticall
,
or
have
any
protection
in
any
other
of
his
Majesties
Dominions
,
And
that
such
Scotish
Natives
,
incensing
the
King
of
England
against
the
Kingdome
of
Scotland
,
shall
be
remanded
at
the
desire
of
the
Scottish
Parliament
into
Scotland
to
abide
their
tryall
and
censurethere
,
so
that
the
same
be
reciprocall
to
both
Nations
,
but
other
Criminalls
and
Debts
to
be
referred
to
the
Laws
.
THE
PROPOSITIONS
AND
ARTICLES
Given
in
by
the
Scots
Commissioners
,
after
the
Lord
Loudoun
his
return
from
the
Parliament
of
Scotland
.
THat
the
Treatie
of
Peace
may
bee
brought
to
a
speedy
and
happy
close
,
wee
did
offer
to
your
Lordships
consideration
the
particulars
following
:
1
That
so
soone
as
the
Scottish
Army
shall
remove
out
of
England
to
Scotland
,
the
English
Garrisons
of
Barwick
and
Carlile
should
remove
,
simul
&
semel
.
2
Lest
Malefactors
,
who
have
committed
Theft
,
Murther
,
and
the
like
crimes
,
crave
the
benefit
of
the
Act
of
Pacification
and
Oblivion
,
(
for
whom
it
is
no
wayes
intended
)
there
would
be
an
exception
from
the
said
Act
of
all
Legall
pursuit
intended
or
to
be
intended
within
the
space
of
an
yeere
after
the
date
of
the
Treaty
.
Again
,
all
Theeves
,
Sorners
;
Out-laws
,
Fugitives
,
Murtherers
,
Broken
men
,
or
their
Receptors
for
whatsoever
Theft
,
Reifs
,
Harships
,
Oppressions
,
Depredations
,
or
Murther
done
or
committed
by
them
,
and
all
lawfull
Decrees
given
,
or
to
be
given
by
the
Parliament
,
or
any
Commissioners
to
be
appointed
by
them
for
that
effect
,
who
shall
have
power
to
dignosce
and
take
cognition
,
whether
the
same
fals
within
the
said
Act
of
Pacification
and
Oblivion
,
or
not
.
3
It
is
desired
,
that
the
demand
concerning
the
not
making
or
denouncing
of
warre
with
Forraigners
,
without
consent
of
both
Parliaments
,
may
be
condescended
unto
by
the
King
and
Parliament
of
England
,
which
is
ordinary
and
universally
observed
in
all
mutuall
Leagues
which
are
both
defensive
and
offensive
.
And
because
the
wars
denounced
by
one
of
the
Kingdomes
with
Forraigners
,
although
made
without
consent
of
the
other
Kingdome
,
will
ingage
them
by
necessary
consequence
,
or
if
the
consideration
of
that
Proposition
shall
require
longer
time
then
the
present
condition
of
the
important
affaires
of
the
Parliament
may
permit
,
and
lest
the
speedie
close
of
the
Treaty
bee
thereby
impeded
,
It
is
desired
,
that
this
Demand
,
with
the
two
other
Articles
of
the
same
nature
,
the
one
concerning
Leagues
and
Confederations
,
and
the
other
concerning
mutuall
supply
in
case
of
forreigne
invasion
,
may
all
three
be
remitted
to
Commissioners
,
to
be
chosen
by
both
Parliaments
,
who
shall
have
power
to
treat
and
advise
there
upon
for
the
good
of
both
Kingdomes
,
and
to
report
to
the
Parliaments
respectivè
.
4.
It
is
desired
,
That
the
Articles
concerning
Trade
and
Commerce
,
Naturalization
,
mutuall
Priviledge
and
Capacity
,
and
others
of
that
nature
already
demanded
,
may
be
condescended
unto
by
the
King
and
Parliament
of
England
,
And
namely
,
that
demand
about
the
pressing
of
ships
or
men
by
Sea
or
Land
:
Or
if
shortnesse
of
time
and
exigencie
of
affaires
may
not
permit
the
present
determination
of
these
Demands
,
It
is
desired
that
the
same
(
except
so
many
of
them
as
are
already
agreed
unto
by
the
Commissioners
for
Trade
)
may
be
remitted
to
the
Commissioners
to
be
chosen
by
both
Parliaments
,
who
shall
have
power
to
treat
and
advise
thereof
for
the
good
of
both
Kingdomes
,
And
to
make
report
to
the
Parliaments
respectively
.
And
that
the
Charters
or
Warrants
of
the
Scottish
Nation
for
freedome
of
shipping
in
England
or
Ireland
,
from
all
Customes
,
Imposts
,
Duties
,
and
Fees
,
more
then
are
payed
by
the
Natives
of
England
and
Ireland
,
granted
by
King
James
under
the
broad
Seal
of
England
,
upon
the
eleventh
of
April
,
the
thirteenth
yeere
of
his
Reigne
,
and
confirmed
by
King
Charles
,
the
nineteenth
of
April
,
the
eighth
yeere
of
his
Reigne
,
may
be
ratified
and
enacted
in
the
Parliament
of
England
.
5.
That
the
extracts
of
Bands
and
Decreets
put
upon
Record
and
Register
in
Scotland
,
may
have
the
like
faith
and
execution
as
the
French
Tabelliones
have
in
England
or
Ireland
,
seeing
they
are
of
alike
nature
,
and
deserve
more
credit
:
and
if
this
cannot
be
done
at
this
time
,
that
it
be
remitted
to
the
former
Commission
from
both
Parliaments
.
6.
The
manner
of
safe
conduct
for
transporting
the
money
from
England
to
Scotland
by
Sea
,
or
Land
,
would
be
condescended
upon
in
such
a
way
as
the
charges
be
not
exorbitant
.
7.
The
tenour
of
the
Commission
for
conserving
of
peace
would
be
condescended
unto
,
together
with
the
times
and
places
of
meetings
,
and
whole
frame
thereof
:
the
draught
whereof
,
when
it
is
drawn
up
in
England
,
is
to
be
represented
to
the
Parliament
of
Scotland
,
that
they
may
make
like
Commission
,
and
name
their
Commissioners
for
that
effect
.
8.
The
Parliament
of
Scotland
doe
joyne
their
earnest
&
hearty
desire
,
and
crave
the
Parliament
of
Englands
concurrence
,
that
none
be
in
place
about
the
Prince
his
Highnesse
,
but
such
as
are
of
the
reformed
religion
.
9.
That
an
Act
of
Parliament
of
publike
faith
for
payment
of
the
220000.
pounds
of
the
brotherly
assistance
which
is
arrear
,
may
be
presently
framed
,
and
expedited
according
to
the
termes
agreed
upon
.
10.
It
is
desired
,
that
the
Quorum
to
whom
the
Scots
should
addresse
themselves
for
payment
of
220000.
pounds
,
be
condescended
upon
.
11.
That
the
order
for
recalling
all
Proclamations
&c.
made
against
his
Majesties
subjects
of
Scotland
,
be
drawn
up
,
and
intimated
in
due
forme
and
time
,
with
the
publick
thanksgiving
at
all
the
Parish
Churches
of
his
Majesties
Dominions
.
12.
It
is
desired
,
that
the
Articles
concerning
the
Castle
of
Edinburgh
,
and
other
strengths
of
that
Kingdom
may
be
understood
to
be
,
that
the
same
shall
bee
disposed
of
for
the
weale
of
the
Kingdome
,
as
the
King
and
Parliament
shall
think
expedient
.
THE
ENGLISH
LORDS
COMmissioners
answer
.
THat
upon
the
disbanding
of
the
Scottish
Army
,
the
Garrisons
of
Barwick
and
Carlile
shall
be
removed
,
according
to
the
Article
of
the
Treatie
on
that
behalfe
.
The
second
Article
is
condescended
unto
,
according
to
the
provision
added
to
the
Act
of
Oblivion
and
Pacification
.
3.4.5.6
.
The
third
demand
concerning
the
making
of
war
with
forreigners
,
with
the
other
two
Articles
concerning
Leagues
and
Confederations
,
and
concerning
mutuall
supply
and
assistance
against
forraine
invasion
,
is
agreed
to
be
referred
to
Commissioners
to
be
chosen
by
his
Majesty
and
the
Parliaments
.
As
likewise
the
4.5
.
and
6.
Articles
,
concerning
Trade
,
Commerce
,
Naturalization
,
mutuall
priviledge
and
capacity
,
and
others
of
that
nature
,
and
the
demands
concerning
the
extracts
of
Bands
and
Decreets
,
and
the
maner
of
safe
conduct
for
transporting
of
moneys
from
England
to
Scotland
,
are
all
referred
to
be
taken
in
consideration
by
the
Commissioners
to
be
appointed
by
both
Parliaments
,
who
shall
have
power
to
advise
and
treat
thereupon
,
and
report
to
the
Parliaments
respectively
.
7
It
is
just
that
the
tenour
of
the
Commission
for
conserving
of
peace
should
be
agreed
upon
by
mutuall
consent
,
but
the
closing
of
the
treaty
not
to
stay
hereupon
,
but
to
be
left
to
the
Commissioners
to
be
named
.
8
To
that
desire
concerning
such
as
should
be
placed
about
the
Prince
;
the
King
hath
already
given
a
cleere
and
satisfactory
answer
.
9
That
there
be
an
Act
of
Parliament
of
publike
faith
,
for
securing
the
paiment
of
220000
pounds
,
which
is
arreare
of
the
brotherly
assistance
,
is
just
,
and
order
is
given
for
it
accordingly
.
And
it
shall
be
communicated
with
the
Scottish
Commissioners
that
it
may
be
a
perfect
security
.
10
The
tenth
,
for
appointing
a
Quorum
for
attending
the
paiment
of
the
money
,
is
already
moved
to
the
parliament
,
&
will
be
done
as
is
desired
.
11
The
eleventh
article
is
very
just
,
and
order
shal
be
given
accordingly
for
recalling
all
Proclamations
,
&c.
and
for
publick
Thanksgiving
.
12
This
Article
for
the
Castle
of
Edinburgh
and
other
strengths
of
Scotland
,
is
to
be
setled
betwixt
his
Majesty
and
the
Commissioners
of
Scotland
,
or
by
his
Majesty
and
Parliament
of
Scotland
.
All
which
Articles
are
assented
unto
,
and
approved
by
his
Majestie
,
with
advice
of
the
Parliament
of
England
,
and
by
the
Committees
of
the
Parliament
of
Scotland
,
and
are
necessary
,
for
publick
declaration
of
mutuall
consent
,
and
for
firme
observation
,
to
be
confirmed
and
ratified
in
the
Parliaments
of
both
Kingdomes
.
BE
it
therefore
enacted
by
his
Majesty
,
with
the
assent
of
the
Lords
and
the
Commons
in
this
present
Parliament
assembled
,
that
the
said
Treaty
,
and
all
the
Articles
thereof
,
assented
to
,
as
aforesaid
,
be
and
stand
for
ever
ratified
,
and
established
,
and
have
the
force
,
vigor
,
strength
and
authority
of
a
Law
,
Statute
,
and
Act
of
Parliament
.
Like
as
this
afore-written
Treaty
,
and
whole
Articles
thereof
,
are
by
his
Majesty
and
the
States
of
the
Parliament
of
Scotland
,
enacted
and
ordained
to
have
in
all
time
comming
the
full
force
and
strength
of
a
true
and
perfect
security
,
and
Act
of
the
said
Parliament
.
And
his
Majesty
for
himselfe
,
and
his
Successors
doth
promise
,
in
verbo
principis
,
never
to
come
in
the
contrair
of
this
Statute
&
Sanction
,
nor
any
thing
therein
contained
,
but
to
hold
the
same
in
all
points
firme
&
stable
,
and
shall
cause
it
to
be
truly
observed
by
all
his
Majesties
Leiges
,
according
to
the
tenor
and
intent
thereof
for
now
&
ever
.
Like
as
the
Parliament
of
both
Kingdomes
give
full
assurance
,
and
do
make
publick
faith
in
name
of
both
Kingdomes
respectively
,
for
the
true
and
faithfull
observance
of
this
Treaty
,
and
whole
Articles
thereof
inviolably
,
hinc
inde
,
in
all
times
to
come
.
Like
as
his
Majesty
,
with
advice
of
the
estates
of
Parliament
,
commands
the
clerke
of
Parliament
,
to
insert
and
registate
the
same
in
the
bookes
of
Parliament
,
and
to
give
the
extract
of
this
Act
under
his
hand
to
the
director
of
the
chancellary
,
Whom
they
command
to
write
the
same
to
the
great
Seale
,
and
the
keeper
of
the
great
Seale
to
append
the
great
Seale
thereto
.
And
declares
that
the
same
being
so
sealed
and
returned
to
the
Parliament
of
England
,
is
and
shal
be
unto
them
a
full
and
perfect
security
,
By
this
their
act
,
given
at
Edinburgh
the
26.
of
August
1641.
yeares
.
ACT.
VII
.
ACT
DISCHARGING
JAMES
BANNATINE
His
patent
of
the
pearling
.
Ultimo
Augusti
,
1641.
OUr
Soveraign
Lord
and
Estates
of
Parliament
,
having
read
and
considered
the
reasons
,
grievances
and
prejudices
given
in
,
and
complained
upon
in
this
present
Parliament
against
the
gift
and
patent
granted
to
James
Bannatine
in
leith
anent
the
pearling
,
and
finding
the
famine
gift
and
patent
hurtfull
and
prejudicial
to
the
country
and
lieges
:
Have
therefore
rescinded
,
retreited
,
cassed
,
annulled
and
discharged
,
and
by
the
tenour
hereof
,
rescinds
,
retreits
,
casses
,
annuls
and
discharges
simpliciter
,
the
foresaid
gift
&
patent
granted
to
the
said
James
Bannatine
anent
pearling
,
And
declares
the
famine
gift
and
patent
to
be
extinct
,
null
and
ineffectuall
in
all
time
comming
.
And
also
our
said
Soveraigne
Lord
,
with
advice
and
consent
of
the
estates
of
Parliament
,
prohibits
and
discharges
all
importation
and
inbringing
of
forraigne
pearling
within
this
kingdome
in
any
time
comming
,
under
the
paine
of
confiscation
thereof
to
his
Majesties
use
.
And
siclike
our
said
Soveraigne
Lord
,
with
advice
foresaid
renewes
the
act
of
Parliament
made
,
in
anno
,
one
thousand
six
hundred
twentie
one
yeares
,
Intituled
anent
banquetting
and
apparell
,
in
the
second
head
and
article
thereof
,
viz.
That
no
person
of
whatsoever
degree
shall
have
pearling
or
ribbining
upon
their
ruffes
,
bands
,
serkes
,
napkins
and
socks
,
except
the
persons
priviledged
in
that
act
:
And
the
pearling
and
ribbining
to
be
so
wome
by
them
(
if
any
be
)
to
be
of
these
made
within
the
kingdome
of
Scotland
,
under
the
pain
of
an
hundered
pounds
toties
quoties
,
as
the
said
act
in
that
article
thereof
beares
:
And
ordains
the
famine
act
in
that
head
and
article
foresaid
,
to
have
ful
strength
,
force
and
execution
,
and
to
stand
as
a
Law
,
conforme
to
the
tenour
thereof
.
ACT
VIII
.
ACT
DISCHARGING
UNLAWFULL
Marriages
,
1.
September
,
1641.
OUr
Soveraign
Lord
and
Estates
of
this
present
Parliament
,
considering
the
great
abuse
and
dangerous
evill
that
hath
followed
,
and
may
follow
upon
frequent
marriages
of
the
persons
Inhabitants
within
this
kingdome
,
going
to
the
neighbour
Kingdomes
for
getting
themselves
married
there
,
which
they
could
not
obtaine
in
this
Kingdome
by
the
lawes
and
constitutions
thereof
,
Therefore
,
and
for
remedy
of
that
evill
,
and
for
preventing
such
in
time
comming
,
prohibites
and
discharges
all
men
and
women
,
having
both
their
ordinary
residence
within
this
Kingdome
,
to
get
marriage
to
themselves
with
others
within
the
Kingdome
of
England
,
or
Ireland
,
without
Proclamation
of
Banes
here
in
Scotland
,
and
against
the
order
and
constitutions
of
this
Church
or
Kingdome
,
under
the
paies
following
:
viz.
for
ilk
Nobleman
so
married
,
one
thousand
pounds
,
for
ilk
landed
Gentleman
one
thousand
markes
,
for
ilk
Burges
five
hundred
pounds
,
and
for
ilk
other
substantious
person
five
hundred
marks
,
for
a
Yeoman
one
hundred
pounds
,
for
ilk
person
of
inferiour
qualitie
one
hundred
marks
:
The
one
halfe
of
the
which
penalties
shall
belong
to
the
King
,
the
other
to
the
Parish
or
Parishes
where
the
married
parties
did
reside
:
And
ordains
the
King
and
Kirks
Advocate
to
pursue
before
the
civill
Judge
therefore
:
And
in
case
of
the
poore
condition
of
any
man
married
in
manner
foresaid
,
Ordains
him
to
be
punished
by
stocks
or
irons
:
Which
paines
corporal
and
pecunial
shall
no
wayes
be
prejudiciall
or
derogate
from
the
order
and
censures
of
the
Kirk
,
to
be
inflicted
against
the
delinquents
.
ACT
IX
.
ACT
ANENT
NON-COVENANTING
Patrons
,
2.
September
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
considering
,
that
all
his
Majesties
subjects
within
this
Kingdome
are
by
Acts
of
Parliament
ordained
to
subscribe
their
Nationall
Oath
and
Covenant
,
Therefore
his
Majestie
and
Estates
ratifie
and
approve
the
Act
of
Parliament
made
by
his
Majesties
dearest
Father
of
blessed
memorie
,
Parl.
1.
c.
9.
whereby
it
is
ordained
,
that
no
person
be
Judge
;
Procurator
,
Notar
,
or
Member
of
Court
,
who
professeth
not
the
true
Religion
,
together
with
the
Act
of
ratification
thereof
,
with
the
addition
and
declaration
thereof
therein
contained
,
made
by
his
Majesties
said
umwhile
Father
,
Parl.
20.
cap.
3.
And
finds
and
declares
,
that
the
saids
Acts
shall
be
extended
to
all
persons
whatsoever
,
who
have
not
subscribed
,
or
refuse
to
subscribe
the
said
National
Oath
and
Covenant
.
And
such
like
findes
and
declares
,
That
where
any
of
the
saids
refusers
to
subscribe
have
right
to
presentation
of
Kirks
,
that
it
shall
not
be
lawfull
to
them
,
to
present
any
persons
to
the
Kirks
vacand
,
but
that
the
planting
of
the
saids
Kirks
and
admitting
of
Ministers
thereto
,
and
to
the
stipends
and
provisions
thereof
,
upon
sure
and
calling
of
the
Congregation
,
shall
pertaine
pleno
jure
,
to
the
Presbyteries
,
within
the
which
the
saids
Kirks
lye
,
ay
and
while
the
saids
patrons
subscribe
the
saids
Nationall
oath
and
Covenant
.
ACT
X.
ACT
FOR
FREEING
OF
VICCARAGES
,
Provided
to
Ministers
for
their
stipends
,
of
taxations
.
2.
September
,
1641.
OUr
Soveraigne
Lord
and
Estates
of
Parliament
,
conside●●ng
the
distractions
that
Ministers
are
brought
into
,
and
other
prejudices
and
losses
sustained
by
them
,
by
taxations
craved
of
viccarages
,
which
are
assigned
and
provided
to
them
as
a
part
of
their
stipends
,
in
so
far
as
they
are
assigned
and
provided
:
and
that
it
is
against
all
reason
and
equitie
,
and
former
Acts
of
Parliament
,
That
Ministers
stipends
should
be
burdened
with
impositions
and
taxations
:
Therefore
Statutes
and
Ordaines
(
for
eschewing
of
these
inconveniences
and
prejudices
)
that
no
viccarages
teinds
,
nor
rents
thereof
assigned
and
provided
,
or
to
be
assigned
and
provided
to
Ministers
as
a
part
of
their
stipends
,
be
burdened
or
affected
with
any
taxations
of
impositions
by-gone
,
resting
,
owing
,
unpayed
,
or
in
time
coming
,
in
so
far
as
can
be
extended
to
the
saids
teinds
,
and
rents
of
viccarages
assigned
,
or
to
be
assigned
to
them
,
and
whereof
they
are
,
or
shall
be
in
possession
by
the
saids
assignations
:
But
declares
the
same
to
be
free
thereof
in
all
time
comming
.
ACT
XI
.
ACT
ANENT
RAISING
OF
MALICIOUS
Suspensions
,
against
Ministers
,
Colledges
,
Schooles
and
Hospitals
.
9.
September
1641.
OUr
Soveraigne
Lord
and
Estates
of
Parliament
,
considering
the
great
inconveniences
that
the
Ministers
of
this
Kirk
are
brought
into
,
by
malicious
delayes
,
or
refusing
of
the
payment
of
their
stipends
,
by
unreasonable
suspensions
,
or
by
contempt
of
decreets
obtained
against
persons
oblished
for
payment
of
their
stipends
,
and
that
the
Ministers
charges
are
so
exor●itant
in
the
sute
of
law
,
that
their
stipends
craved
will
not
defray
the
●ame
,
and
that
they
are
exceedingly
distracted
from
their
callings
,
to
the
great
prejudice
of
their
congregations
,
and
that
they
doe
suffer
many
other
prejudices
and
losses
:
Therefore
Statutes
and
Ordaines
,
that
no
suspensions
be
hereafter
granted
against
Ministers
charging
for
their
stipends
,
without
consignation
of
the
summes
of
mony
charged
for
,
if
the
stipend
consist
in
money
:
or
of
an
hundreth
markes
for
ilk
chalder
of
victuall
,
and
of
the
just
proportion
of
an
hundreth
markes
for
ilk
quantity
of
victuall
under
a
chalder
,
if
the
stipend
consist
in
victuall
,
where
the
same
is
not
converted
:
and
where
the
same
is
converted
,
upon
the
consignation
of
these
summes
whereunto
the
victual
is
liquidate
and
converted
.
Which
consignation
of
money
for
victual
as
abovesaid
,
is
without
prejudice
to
the
judges
,
to
decerne
the
greater
or
lesser
price
for
victual
charged
for
,
according
to
the
probation
:
Providing
alwaies
,
that
if
the
person
charged
make
reall
and
timous
offer
to
the
minister
at
his
dwelling
house
,
or
(
at
the
least
)
at
the
place
where
he
is
obliged
or
accustomed
to
deliver
the
said
victual
,
before
a
notar
and
two
witnesses
,
at
the
least
,
of
the
whole
victual
adebted
or
charged
for
,
in
good
and
sufficient
stuffe
at
the
termes
of
paiment
thereof
,
lawful
requisition
being
first
made
to
the
minister
to
receive
the
same
before
a
notar
and
witnesses
,
as
said
is
,
then
the
person
charged
for
,
shall
not
be
astricted
to
consigne
money
for
victuall
in
manner
foresaid
.
And
such
like
it
is
provided
,
that
the
judge
shall
discerne
twentie
markes
of
expences
for
ilk
hundred
markes
(
at
the
least
)
against
the
malitious
charger
or
suspender
.
And
in
case
any
person
charged
for
ministers
stipends
shall
contemptuously
goe
to
the
horne
and
lie
thereat
,
Our
Soveraigne
Lord
and
Estates
foresaid
,
Statutes
and
ordaines
,
that
the
donators
to
the
single
or
life-rent
escheat
of
the
rebell
,
having
writ
either
from
his
Majestie
or
any
Lords
of
regality
,
or
any
superiours
whatsoever
intrometters
with
the
saids
escheat
,
goods
and
geir
,
mails
and
dueties
of
Lands
,
or
Tithes
falling
within
the
compasse
of
the
said
escheate
,
single
or
life-rent
,
and
all
and
whatsoever
intrometters
shall
be
lyable
in
paiment
of
the
ministers
stipends
,
and
of
all
charges
,
penalties
and
dammage
which
the
said
rebell
should
have
been
lyable
to
himselfe
,
and
that
actions
shal
be
competent
therefore
against
them
,
Providing
the
causes
of
the
horning
,
whereupon
the
gift
is
taken
,
and
the
expences
of
the
passing
thereof
be
first
satisfied
,
and
that
the
donator
hath
intrometted
or
might
have
intrometted
with
as
much
as
might
have
paid
the
ministers
stipend
:
and
that
no
suspension
shal
be
granted
of
decreets
obtained
against
the
said
donators
and
intrometters
but
in
the
manner
foresaid
.
And
our
Soveraigne
Lord
and
Estates
foresaid
declares
,
that
this
Act
shal
be
extended
to
universities
,
colledges
,
schooles
and
hospitals
,
masters
and
members
thereof
,
for
the
more
ready
and
thankefull
paiment
to
them
of
their
stipends
,
provisions
,
mortifications
,
revenues
,
and
their
dueties
whatsoever
.
ACT
XII
.
ACT
FOR
ABOLISHING
OF
MONUMENTS
Of
Idolatrie
.
10.
September
.
1641.
OUr
Soveraigne
Lord
with
consent
of
the
Estates
of
Parliament
,
understanding
,
that
the
generall
Assembly
of
the
Kirk
hath
by
their
speciall
Act
,
made
30.
July
,
1640.
Sess.
3.
Ordained
all
Idolatrous
Images
,
Crucifixes
,
Pictures
of
Christ
,
&
all
other
Idolatrous
Pictures
,
to
be
demolished
and
removed
forth
,
and
from
all
Kirks
,
Colledges
,
Chappels
,
and
other
publick
places
.
Therefore
ordaines
all
Presbyteries
to
take
diligent
tryall
of
all
idolatrous
Pictures
and
Images
,
being
within
Kirkes
,
Colledges
,
Chappels
,
and
other
publick
places
,
and
after
tryall
intimate
the
same
,
first
to
the
owners
and
parties
themselves
,
that
they
may
remove
the
fame
:
and
in
case
they
doe
neither
appeale
presently
from
the
presbyterie
in
the
ordinarie
way
to
the
Synod
and
generall
Assembly
,
nor
remove
them
within
the
space
of
three
moneths
,
then
to
intimate
the
same
to
all
Sheriffs
,
Stewards
,
Bayliffs
,
Magistrates
of
Burghs
or
Regalities
,
within
the
which
the
same
shall
be
found
:
and
ordaines
them
upon
the
requisition
to
be
made
to
them
by
the
saids
Presbyteries
,
Moderator
,
or
Brethren
thereof
,
to
raze
,
demolish
,
abolish
,
cast
down
or
deface
all
these
Idolatrous
Images
,
Pictures
,
and
other
idolatrous
monuments
foresaids
,
according
as
they
shall
be
enjoyned
and
directed
from
the
saids
Presbyteries
from
time
to
time
,
ilk
one
of
them
,
within
their
own
bounds
and
jurisdiction
respectivè
,
except
in
the
case
of
appellation
aforesaid
:
And
if
the
Presbyteries
be
negligent
,
that
they
be
censured
by
the
Synods
and
generall
Assemblies
,
and
the
Sheriffs
,
and
other
officers
foresaid
(
in
case
of
their
negligence
,
)
to
be
censured
by
the
secret
Councell
,
as
they
shal
think
reasonable
:
And
prohibites
,
and
discharges
all
making
of
any
such
Images
or
idols
,
and
all
up-putting
of
the
same
in
all
time
comming
under
all
highest
paines
,
to
be
inflicted
upon
the
contraveeners
thereof
.
ACT
XIII
.
ACT
ANENT
NON-COMMUNICANTS
And
Excommunicate
Persons
.
10.
September
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
Ratifies
the
two
Acts
of
Parliament
anent
the
escheats
of
excommunicate
persons
made
by
his
Majesties
Father
of
blessed
memory
,
one
therof
Par.
14.
cap.
197.
and
the
other
Par.
20.
cap.
3.
with
the
addition
and
declaration
following
,
that
no
gift
of
escheat
past
or
to
bee
past
upon
excommunication
,
or
horning
upon
excommunication
shall
be
vallid
,
but
the
samine
is
declared
to
have
been
,
and
to
be
null
in
all
time
comming
,
by
way
of
exception
or
reply
:
and
declares
the
saids
two
Acts
ratified
,
as
said
is
,
with
the
addition
foresaid
made
thereto
,
to
be
extended
to
all
excommunication
pronounced
,
or
to
be
pronounced
against
whatsoever
person
or
persons
,
and
for
whatsoever
causes
:
And
further
,
His
Majestie
and
Estates
foresaid
,
Ratifies
and
approves
the
Act
made
by
his
Majesties
Father
,
Par.
16.
cap.
17.
anent
non-communicants
every
year
once
,
with
this
declaration
and
addition
,
that
the
penalties
of
the
contraveeners
,
modified
in
the
said
Act
,
be
payable
in
all
time
coming
to
the
several
Presbyteries
within
the
Jurisdiction
,
whereof
the
contraveeners
dwell
,
to
be
applied
by
them
ad
pios
usus
:
And
that
the
said
Presbyteries
,
or
any
they
appoint
,
shall
have
power
to
crave
,
receive
and
pursue
for
the
same
.
And
further
,
Our
Soveraigne
Lord
and
Estates
foresaids
,
for
the
greater
terror
and
the
more
effectuall
reclaiming
of
all
excommunicate
persons
,
declares
that
all
persons
whatsoever
,
according
to
the
degrees
and
qualities
mentioned
in
the
said
Act
,
lying
under
the
sentence
of
excommunication
,
shall
be
lyable
to
the
paines
and
penalties
therein
contained
,
and
that
yearely
after
the
sentence
of
excommunication
,
ay
and
while
they
be
relaxed
therefrom
,
and
reconciled
to
the
Kirk
:
And
also
declares
,
that
the
said
yearely
penalties
against
excommunicate
persons
shall
pertain
to
every
paroch
Kirk
,
and
Kirk
session
,
in
burgh
or
land-ward
,
within
their
owne
bounds
,
to
be
applyed
ad
pios
usus
:
And
that
they
,
or
any
person
they
appoint
,
shall
have
power
to
crave
,
receive
,
and
pursue
the
famine
,
to
be
applyed
to
the
pious
uses
of
the
severall
paroch
Kirk
sessions
,
where
the
contraveeners
dwell
:
And
in
case
of
the
paroch
kirk
sessions
their
slacknesse
,
the
Presbyterie
to
exact
after
the
expiration
of
yeare
and
day
after
the
contraveening
.
And
further
declares
the
donators
to
the
excommunicate
persons
their
simple
escheat
and
life-rent
,
and
all
other
intrometters
with
their
goods
and
geir
and
livings
,
shall
be
liable
to
the
payment
of
the
saids
paines
and
penalties
in
the
samine
manner
,
as
the
excommunicate
persons
are
lyable
themselves
.
And
because
in
the
said
Act
there
is
no
particular
penalty
modified
against
Burgesses
,
Therefore
His
Majestie
and
Estates
foresaids
,
ordaines
everie
Burges
that
beares
,
or
hath
borne
office
of
Magistracie
,
so
oft
as
he
shall
contraveene
the
said
Act
,
To
pay
the
summe
of
two
hundred
marks
,
and
every
other
burges
the
summe
of
fourtie
pounds
:
And
such
like
ordaines
the
said
persons
,
to
be
liable
in
the
saids
penalties
respective
,
not
only
for
their
own
personall
contraveening
of
the
said
Act
,
but
also
so
oft
as
the
same
shall
be
contraveened
by
their
wives
respective
,
and
also
so
oft
as
the
same
shall
be
contraveened
by
their
children
,
they
shall
incurre
the
fift
part
of
the
saids
paines
,
respective
,
for
every
bairne
,
not
forisfamiliat
,
and
of
the
age
of
fifteen
yeares
compleat
,
and
that
toties
quoties
they
shall
contraveene
the
said
Act
:
And
such
like
,
that
every
servant
so
oft
as
he
shall
contraveene
the
said
Act
,
shall
pay
one
yeares
fee
,
toties
quoties
,
lawfull
requisition
being
alwaies
made
to
the
saids
Wives
,
Children
and
Servants
by
their
Pastor
or
Presbyterie
to
give
obedience
to
the
said
Act.
ACT
XIIII
.
ACT
ANENT
THE
BULLION
.
10.
September
,
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
Considering
that
one
of
the
chiefe
waies
for
bringing
in
of
money
into
this
Kingdome
,
hath
been
bullion
,
which
now
for
lacke
of
the
true
way
of
managing
thereof
,
is
become
unprofitable
.
Therefore
our
Soveraign
Lord
,
with
advice
and
consent
of
the
saids
Estates
,
Statutes
and
Ordaines
that
in
time
comming
all
and
every
Merchant
passing
forth
of
this
Kingdome
with
any
Merchandize
,
or
sending
the
same
forth
of
this
Countrie
,
at
the
customing
of
the
saids
goods
,
shall
find
sufficient
security
to
the
customers
,
for
importing
and
inbringing
such
quantity
and
proportion
of
Bullion
as
by
the
Lawes
of
this
Kingdome
is
due
for
the
saids
goods
transported
by
them
,
and
shall
accordingly
deliver
the
same
,
and
cause
be
delivered
to
the
Master
of
the
Coine
house
,
and
shall
receive
back
again
his
Majesties
coine
of
this
Kingdome
:
And
shall
make
faith
,
that
the
same
was
brought
by
them
from
forraign
parts
,
or
by
others
in
their
name
:
and
discharges
all
payment
of
Bullion
before
the
hand
,
and
all
pactions
made
anent
Bullion
one
with
another
,
and
paying
of
the
same
with
his
Majesties
coyne
,
or
with
any
silver
that
is
within
the
Countrey
already
,
under
the
pain
of
doubling
of
the
said
Bullion
:
As
also
because
the
Bullion
is
ordained
to
be
payed
to
the
master
of
His
Majesties
coine
house
,
who
hath
his
only
residence
in
Edinburgh
,
and
that
thereby
many
Merchants
who
dwell
not
within
the
said
Burgh
will
be
put
to
great
and
unnecessary
charges
,
for
a
small
matter
of
Bulion
,
Therefore
it
is
declared
,
that
it
shall
be
lawfull
to
the
saids
Merchants
to
send
the
famine
to
the
said
Master
of
the
coine
house
,
providing
he
send
therewith
an
attestation
under
his
oath
and
hand
,
if
he
can
write
,
and
under
his
mark
if
he
cannot
write
,
and
both
before
two
subscribing
witnesses
of
Magistrates
,
or
Councell
of
the
Burghs
where
they
dwell
,
that
the
said
Bullion
due
by
him
was
brought
within
this
Kingdome
from
forraine
parts
,
and
that
the
same
was
not
acquired
nor
bought
by
him
within
the
same
.
ACT
XV.
ACT
ANENT
THE
ELECTION
OF
Officers
of
Estate
,
Counsellours
,
and
Sessioners
.
16.
September
,
1641.
OUR
Soveraigne
Lord
and
the
Estates
of
Parliament
,
considering
,
that
whereas
there
was
an
Article
in
the
Treatie
anent
the
manner
of
choosing
and
placing
of
Officers
of
State
,
Counsellours
,
and
Sessioners
,
whereof
the
answer
was
remitted
to
be
determined
by
his
Majestie
and
this
Parliament
:
And
his
Majestie
being
willing
to
give
this
his
ancient
and
native
Kingdome
all
satisfaction
possible
,
That
fit
and
qualified
persons
shall
ever
fill
these
places
,
And
considering
that
his
Majesties
residence
(
because
of
his
great
affaires
)
will
be
more
ordinary
in
England
then
here
,
whereby
the
qualification
of
persons
may
not
at
all
times
be
so
well
knowne
to
him
:
Therefore
his
Majestie
,
with
advice
and
consent
of
the
Estates
of
Parliament
,
Declares
for
himselfe
and
his
Successors
,
That
he
will
nominate
and
make
choice
of
such
able
and
qualified
persons
to
fill
these
places
,
as
shall
be
fittest
for
his
service
,
and
may
give
most
contentment
to
the
Estates
of
Parliament
:
Which
nomination
and
choice
His
Majestie
will
make
,
with
the
advice
and
approbation
of
the
saids
Estates
of
Parliament
,
during
their
sitting
:
And
if
any
of
the
saids
places
shall
happen
to
vake
,
and
must
be
provided
in
the
intervall
betwixt
Parliaments
,
his
Majestie
will
choose
and
nominate
Officers
of
State
and
Counsellours
,
with
the
advice
and
approbation
of
the
Councell
,
all
that
number
being
warned
upon
15.
daies
calling
to
meet
thereanent
,
and
most
part
of
the
whole
consenting
:
And
in
like
manner
the
Sessioners
,
with
the
advice
and
approbation
of
the
most
part
of
that
House
.
Which
elections
,
made
in
the
intervall
,
shall
be
allowed
or
disallowed
in
the
next
ensuing
Parliament
,
as
the
Kings
Majestie
and
the
Parliament
shall
think
expedient
:
And
the
Officers
of
State
,
Counsellours
,
and
Lords
of
Session
,
so
nominated
and
chosen
by
his
Majestie
and
the
Parliament
,
or
allowed
by
his
Majestie
and
them
,
shall
be
provided
ad
vitam
vel
culparn
,
and
they
all
shall
be
lyable
to
the
censure
of
the
Kings
Majestie
and
Parliament
.
ACT
XVI
.
ACT
ANENT
THE
ELECTION
OF
THE
Lord
LOWDOUN
to
be
Chancellour
.
Ultimo
Septembris
,
1641.
THE
which
day
the
Kings
Majesty
,
with
the
advice
and
approbation
of
the
Estates
of
Parliament
,
did
nominate
and
elect
John
Lord
Lowdoun
to
exerce
and
discharge
the
place
and
office
of
High
Chancellour
of
this
his
Highnesse
ancient
native
Kingdome
,
and
gave
and
disponed
to
him
,
during
all
the
dayes
of
his
life
time
,
the
said
office
,
with
all
honours
,
dignities
,
profits
,
liberties
,
and
priviledges
,
which
have
beene
possest
and
bruiked
by
any
preceding
Chancellours
,
and
which
may
be
now
bruiked
by
the
Lawes
of
this
Kingdome
:
Like
as
his
Majestie
,
with
advice
and
approbation
foresaid
,
makes
and
constitutes
the
said
John
Lord
Lowdoun
,
during
all
the
dayes
of
his
life
time
,
High
Chancellour
of
this
his
said
Kingdome
,
to
be
bruiked
and
enjoyed
by
him
,
with
all
dignities
,
honours
,
commodities
,
liberties
,
and
priviledges
,
which
have
beene
possest
and
bruiked
by
any
preceding
Chancellours
,
and
which
may
be
now
bruiked
by
the
Lawes
of
this
Kingdome
:
and
ordaines
a
gift
and
patent
to
be
past
under
His
Highnesse
great
Seale
to
the
said
John
Lord
Lowdoun
thereupon
.
ACT
XVII
.
ACT
ANENT
THE
CHANGE
OF
THE
Termes
.
29.
October
,
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
Considering
the
great
prejudice
his
Majesties
Lieges
doe
sustaine
by
the
inconveniencie
of
the
present
usuall
termes
of
payment
of
their
debts
and
annuall
Rents
at
Whitsunday
and
Martinmas
heretofore
;
Where
as
if
the
samine
were
altered
and
changed
to
Lammas
and
Candlemas
yeerly
,
they
might
get
in
their
owne
rents
and
dueties
to
pay
their
lawfull
creditors
therewith
,
more
easily
at
the
said
Termes
of
Lammas
and
Candlemas
,
then
at
the
former
termes
of
Whitsunday
and
Martinmas
:
Therefore
Our
Soveraign
Lord
and
Estates
of
Parliament
,
have
now
altered
and
changed
the
foresaid
former
course
of
the
Termes
of
payment
from
Whitsunday
and
Martinmas
,
to
the
Termes
of
Lammas
and
Candlemas
,
in
all
time
hereafter
,
And
ordains
the
same
to
be
the
usual
Termes
of
payment
of
all
debts
and
annuall
,
and
for
using
of
all
order
of
Redemption
,
&
ordains
all
Premonitions
&
Requisitions
to
be
made
before
the
said
Termes
of
Lammas
and
Candlemas
,
in
place
of
the
Termes
of
Whitsunday
and
Martinmas
,
in
time
coming
:
Notwithstanding
of
any
clauses
of
Redemption
,
Premonition
,
or
Requisition
,
contained
in
any
Bands
or
other
Writs
,
bearing
the
samine
to
be
made
or
done
,
either
before
Whitsunday
or
Martinmas
,
in
manner
therein
specified
.
Whereanent
our
Soveraign
Lord
and
Estates
of
Parliament
dispenses
for
ever
,
Beginning
the
first
Termes
Redemption
,
Premonition
,
or
Requisition
,
at
and
before
Candlemas
next
,
in
place
of
the
Terme
of
Martinmas
,
and
the
next
Terme
at
and
before
Lammas
next
,
for
and
in
place
of
Whitsunday
,
and
so
forth
yearely
and
tearmly
in
all
time
coming
,
But
prejudice
to
all
creditors
of
all
their
just
annual
rents
that
shal
be
due
to
them
from
Martinmas
next
to
Candlemas
next
to
come
,
and
from
Whitsunday
to
Lammas
,
which
is
declared
to
be
one
quarters
annuall
,
And
likewise
but
prejudice
to
them
of
all
other
bygone
annual
,
resting
,
owing
to
them
of
whatsoever
other
years
or
terms
preceding
,
which
are
and
shall
be
payed
at
the
Terme
of
Candlemas
next
:
And
this
Act
to
be
understood
only
for
borrowing
and
lending
of
moneys
,
upon
band
or
infeftment
,
and
payment
of
annuall
rents
,
and
the
former
Termes
of
Whitsunday
and
Martinmas
to
stand
for
redemptions
,
proper
woodsets
,
flitting
and
removing
of
Tenants
,
both
in
Burgh
and
Land
.
ACT
XVIII
.
ACT
ANENT
THE
CHARGES
AND
Expences
of
the
Commissioners
for
the
Barons
,
11.
November
,
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
ratifie
and
approve
the
Acts
made
by
his
Majesties
Predecessours
,
King
James
the
first
of
worthy
memorie
,
in
his
7.
Parl.
and
101.
Act
thereof
:
and
the
Act
made
by
his
Majesties
umwhile
dearest
Father
of
worthy
memorie
in
his
22.
Parl.
anent
the
Commissioners
of
small
Barons
in
Parliament
,
in
the
whole
Heads
,
Clauses
,
and
Articles
thereof
:
And
specially
that
Article
of
the
said
last
Act
,
bearing
,
that
all
Free-holders
be
taxed
for
the
expences
of
the
Commissioners
of
the
Shires
,
passing
to
Parliaments
or
Generall
Councels
:
And
letters
of
horning
and
pounding
to
be
direct
for
payment
of
the
summes
taxed
for
that
effect
,
upon
a
simple
charge
of
six
dayes
allanerly
,
With
this
addition
for
clearing
of
the
quantity
and
manner
of
the
said
taxation
,
that
there
shall
be
allowed
to
every
one
of
the
saids
Commissioners
,
for
their
whole
charges
and
expences
,
five
pounds
every
day
for
their
expences
upon
any
parliaments
,
or
generall
councels
,
counting
the
first
and
last
daies
,
from
the
down
sitting
and
rising
of
the
saids
Parliaments
:
with
such
other
dayes
allowed
for
the
Commissiòners
of
every
shire
,
for
their
coming
to
the
saids
Parliaments
or
generall
Councels
,
and
returning
there-from
,
from
time
to
time
as
they
shall
sit
or
be
adjourned
,
viz.
for
the
Commissioners
of
the
sheriffdome
of
Edinburgh
for
their
comming
and
going
,
one
day
:
of
Fife
,
two
dayes
:
of
Linlithgow
,
two
dayes
:
of
Clydesdail
,
foure
dayes
:
of
Nithisdail
,
foure
daies
:
of
Dumbartane
,
foure
dayes
:
of
Sterling
,
two
dayes
:
of
Hadingtoun
,
one
day
:
of
Bervik
,
foure
dayes
:
of
Clakmannane
,
two
daies
:
of
Kinroshire
,
two
dayes
:
of
Peiblis
,
two
dayes
:
of
Bute
,
six
daies
:
of
Angus
,
foure
dayes
:
of
Pearth
,
foure
dayes
:
of
Mearnes
,
foure
dayes
:
of
Air
,
foure
dayes
:
of
Wigtoun
,
six
dayes
:
of
Kirkcudbryght
,
four
daies
:
of
Roxburgh
,
four
daies
:
of
Aberdene
,
eight
dayes
:
of
Renfrew
,
foure
daies
:
of
Selkirk
,
two
daies
:
of
Bamff
,
eight
dayes
:
of
Elgine
,
ten
dayes
:
of
Narne
,
ten
daies
:
of
Argyle
,
eight
dayes
:
of
Innernes
,
twelve
daies
:
of
Caithnes
,
sixteen
dayes
:
of
Sutherland
,
fourteen
dayes
:
of
Orkney
,
thirtie
dayes
:
The
which
daily
allowance
,
after
the
rising
of
the
said
Parliaments
or
generall
Councels
,
shall
be
calculate
and
put
in
a
summe
by
the
Clerk
of
Parliament
under
his
hand
,
to
be
divided
and
imposed
proportionally
upon
the
whole
freeholders
,
heritors
and
life-renters
,
holding
of
the
Kings
Majestie
and
the
Prince
,
according
to
the
proportion
of
their
Lands
and
Rents
,
lying
within
the
shire
,
Excepting
alwayes
forth
of
this
Act
,
all
the
Lands
belonging
to
the
Noblemen
or
their
immediate
Vassals
:
And
therefore
declares
,
that
their
Lands
holden
of
his
Majesty
or
Prince
,
and
their
Vassals
,
to
be
free
of
the
said
taxe
,
notwithstanding
of
this
present
Act
,
or
any
Act
preceding
:
And
that
letters
be
direct
thereupon
by
the
Lords
of
Session
,
to
charge
the
Free-holders
,
heritors
and
life-renters
holding
of
his
Majesty
and
the
Prince
,
to
conveene
at
the
head
Burgh
of
every
shire
,
upon
one
speciall
day
,
for
dividing
and
setting
down
the
proportion
thereof
in
manner
foresaid
:
With
power
also
to
stent
the
saids
free-holders
,
heritors
,
and
life-renters
,
for
the
tenth
peny
more
of
the
said
whole
summe
,
so
calculate
for
the
expences
of
the
letters
to
be
raised
therefore
,
and
others
charges
in
the
collection
thereof
,
with
certification
that
such
as
shall
conveene
,
shall
have
power
to
proceed
,
notwithstanding
of
the
absence
of
the
rest
:
And
that
letters
of
horning
and
pounding
be
direct
thereupon
,
at
the
instance
of
the
said
Commissioners
,
for
payment
thereof
,
in
manner
above-written
:
And
if
payment
be
not
made
within
the
dayes
contained
in
the
charge
,
so
that
the
Commissioners
be
forced
to
pound
therefore
,
Then
and
in
that
case
,
it
shall
be
lawfull
to
pound
for
the
double
of
the
summe
charged
for
,
by
and
attour
the
Sheriffe
.
And
that
no
suspension
passe
thereupon
,
but
upon
consignation
allanerlie
,
and
if
the
suspension
discusse
against
the
suspender
,
in
that
case
the
suspender
shall
be
ordained
to
make
payment
to
the
Commissioners
of
the
double
of
the
summe
charged
for
by
and
attour
the
Commissioners
others
charges
,
and
expences
in
discussing
the
suspension
,
And
this
Act
to
take
effect
,
for
the
commissioners
of
this
present
Parliament
,
and
all
Parliaments
●ereafter
.
ACT
XIX
.
ACT
IN
FAVOURS
OF
THE
COMMISsioners
for
the
Sherifdome
of
Sutherland
,
11.
November
,
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
considering
that
by
an
Act
of
the
date
of
thir
presents
made
anent
the
expences
of
Commissioners
of
Shires
passing
to
Parliaments
,
or
Generall
Councels
and
Conventions
,
allowance
shall
be
given
to
the
saids
Commissioners
for
their
whole
charges
and
expences
,
in
manner
specified
in
the
said
Act
:
And
that
the
daily
allowance
appointed
for
ilk
Commissioner
,
in
manner
mentioned
and
divided
in
the
said
Act
,
after
the
rising
of
the
saids
Parliaments
,
or
generall
Councels
,
shall
be
calculate
and
put
in
a
summe
by
the
Clerks
of
Parliament
,
under
their
hand
,
to
be
divided
and
imposed
proportionally
upon
the
whole
Freeholders
of
the
Kings
Majesty
and
the
Prince
,
according
to
the
stent
of
their
lands
lying
within
the
Shire
:
And
that
letters
be
direct
thereupon
by
the
Lords
of
Session
to
charge
the
saids
Freeholders
of
his
Majesty
and
Prince
,
to
conveen
at
the
head
Burgh
of
every
Shire
upon
a
special
day
,
for
dividing
&
setting
down
the
proportion
thereof
,
in
maner
foresaid
,
as
the
said
Act
made
in
favours
of
the
said
whole
Commissioners
of
small
Barons
and
Shires
at
more
length
bears
.
And
his
Majestie
and
the
saids
Estates
,
considering
,
that
in
the
Parliament
in
the
year
of
God
1633.
a
particular
Act
of
Parliament
was
made
in
favours
of
the
Free
Barons
,
and
others
Inhabitants
within
the
Sherifdome
of
Sutherland
,
giving
power
to
them
to
elect
and
choose
their
own
Commissioners
for
the
said
Sherifdome
,
to
compeir
at
Parliaments
,
meetings
,
and
generall
Conventions
within
this
kingdom
,
at
all
occasions
,
And
considering
likewise
,
that
by
the
said
Act
,
made
in
favours
of
the
saids
whole
Commissioners
,
the
Commissioner
chosen
and
attending
this
present
Parliament
for
the
Sherifdome
of
Sutherland
,
and
the
Commissioners
who
shal
be
chosen
and
sent
from
the
said
Sherifdome
of
Sutherland
to
attend
thir
Parliaments
,
Generall
Councels
,
and
other
Generall
meetings
and
Conventions
of
Estates
hereafter
in
all
time
comming
,
shall
have
no
allowance
of
their
expences
and
charges
to
be
depurst
by
them
in
the
said
service
,
albeit
the
said
Shire
be
one
of
the
remotest
and
farthest
distance
in
the
Kingdome
:
Because
there
is
onely
two
Inhabitants
within
the
said
Shire
holding
Lands
of
the
Kings
Majesty
,
the
whole
remanent
heritors
being
either
Vassals
to
the
Earle
of
Sutherland
,
or
holding
their
Lands
of
some
other
Superiour
:
And
so
according
to
the
said
generall
Act
,
the
allowance
of
the
Commissioner
of
that
Shire
cannot
be
divided
,
not
imposed
for
payment
and
satisfaction
of
his
charges
and
expences
,
except
the
samine
be
extended
against
the
Heritors
,
Fewars
,
and
Freeholders
within
the
said
Sherifdome
,
holding
lands
of
other
Superiours
in
manner
under
written
.
Therefore
His
Majesty
,
and
Estates
of
Parliament
,
ordains
the
allowance
appointed
by
the
said
generall
Act
,
in
favours
of
the
Commissioners
of
the
said
Sherifdome
of
Sutherland
,
to
be
extended
,
divided
,
and
imposed
proportionally
upon
all
and
sundry
Heritors
,
Fewars
,
Life-renters
,
and
Freeholders
within
the
said
Shire
,
whether
they
bee
Vassals
to
his
Majesty
,
or
holding
their
lands
of
any
other
Superiours
whatsoever
,
according
to
the
stent
of
their
lands
lying
within
the
said
Shire
:
and
that
letters
be
direct
thereupon
by
the
Lords
of
Session
,
to
charge
all
and
sundry
the
Heritors
,
Fewars
,
Life-renters
,
and
Free-holders
within
the
said
Shire
,
holding
of
any
Superiour
whatsoever
,
to
conveene
at
Dornoch
,
being
the
head
Burgh
of
the
said
Shire
,
upon
a
speciall
day
,
for
dividing
and
setting
down
the
proportion
thereof
,
in
manner
foresaid
:
With
power
also
to
stent
all
and
sundry
the
saids
Heritors
,
Fewars
,
Life-renters
,
and
Free-holders
,
holding
of
whatsoever
,
Superiour
within
the
said
Shire
,
for
the
tenth
penny
more
of
the
saids
whole
summes
so
calculted
for
the
expences
of
the
letters
to
be
raised
therefore
,
and
others
charges
in
collecting
thereof
:
With
certification
that
such
as
shall
conveene
,
shall
have
power
to
proceed
,
notwithstanding
of
the
absence
of
the
rest
:
And
that
letters
of
horning
and
pounding
be
direct
thereupon
at
the
instances
of
the
saids
Commissioners
for
payment
thereof
,
in
manner
above
written
:
And
if
payment
be
not
made
within
the
dayes
contained
in
the
charge
,
so
that
the
said
Commissioners
shall
be
forced
to
pound
therefore
,
then
,
and
in
that
case
it
shall
be
lawfull
to
pound
for
the
double
of
the
summe
charged
for
by
and
attour
the
Sheriffe
:
And
that
no
suspension
passe
thereupon
,
but
upon
consignation
allanerly
.
And
if
the
suspension
shall
discusse
against
the
Suspender
,
in
that
case
the
Suspender
shall
be
ordained
to
make
payment
to
the
Commissioners
of
the
double
of
the
sum
charged
for
,
by
and
attour
the
Commissioners
others
charges
and
expences
in
discussing
the
suspension
:
And
this
Act
to
take
effect
for
the
Commissioners
of
this
present
Parliament
,
and
all
Parliaments
hereafter
.
ACT
XX.
ACT
ANENT
THE
NOMINATION
And
election
of
the
Officers
of
Estate
.
13.
November
,
1641.
THe
which
day
the
Kings
Majesty
,
with
advice
and
approbation
of
the
Estates
of
Parliament
,
conveened
in
Parliament
,
nominated
and
elected
the
persons
underwritten
to
the
places
and
offices
of
Estates
of
this
Kingdome
respective
after
mentioned
,
formerly
possest
by
them
:
viz.
Robert
Earle
of
Roxburgh
,
to
the
place
and
office
of
Privie
Seale
:
William
Earle
of
Lanerk
,
to
the
place
and
office
of
Secretarie
:
Sir
Thomas
Hope
of
Craighall
,
to
the
place
and
office
of
his
Highnesse
Advocate
:
Sir
James
Carmichaell
,
to
the
place
and
office
of
Treasurer
depute
:
and
Sir
John
Hamiltoun
of
Orbestoun
,
to
the
place
and
office
of
Justice
Clerk
,
and
that
ad
vitam
vel
culpam
,
conforme
to
the
Act
of
this
present
Parliament
made
anent
the
election
of
Officers
of
Estate
,
Counsellours
,
and
Sessioners
,
upon
the
sixteenth
day
of
September
last
by-past
,
Like
as
his
Majesty
,
with
advice
and
approbation
foresaid
,
gives
and
dispones
to
the
forenamed
persons
,
and
ilk
one
of
them
,
ad
vitam
vel
culpam
,
as
said
is
,
the
foresaids
Offices
respective
above
mentioned
,
whereunto
they
are
nominate
and
elected
in
manner
foresaid
.
Together
with
all
honours
,
dignities
,
profits
,
benefits
,
liberties
,
and
priviledges
,
which
have
beene
possest
and
bruiked
by
any
preceding
Officers
of
Estate
,
of
the
foresaids
offices
above
written
,
and
which
may
be
now
bruiked
by
the
Lawes
of
this
Kingdome
:
And
ordaines
a
gift
to
be
past
and
exped
under
his
Highnesse
great
Seale
to
ilk
one
of
the
persons
above
named
,
of
the
foresaid
offices
respective
above
written
,
whereunto
they
are
nominate
and
elected
,
in
manner
before
rehearsed
.
ACT
XXI
.
ACT
ANENT
THE
NOMINATION
AND
Election
of
Sir
Alexander
Gibson
,
to
be
Clerk
Register
.
13.
November
,
1641.
THe
which
day
the
Kings
Majestie
,
with
advice
and
approbation
of
the
Estates
of
Parliament
,
nominated
and
elected
Mr.
Alexander
Gibson
younger
of
Durie
,
to
the
place
and
office
of
Clerk
of
Register
of
this
his
Highnesse
ancient
and
native
Kingdome
of
Scotland
,
and
that
ad
vitam
vel
culpam
,
conform
to
the
Act
of
this
present
Parliament
,
made
anent
the
election
of
Officers
of
Estate
,
Counsellers
and
Sessioners
,
upon
the
sixteenth
day
of
September
last
by-past
:
Like
as
his
Majestie
,
with
advice
and
approbation
foresaid
,
gives
and
dispones
to
the
said
Mr.
Alexander
Gibson
younger
of
Durie
,
ad
vitam
vel
culpam
,
as
said
is
,
the
foresaid
office
of
Clerk
of
Register
,
with
all
honours
,
dignities
,
priviledges
,
profits
,
casualities
and
liberties
,
pertaining
to
the
said
office
,
conforme
to
the
foresaid
Act
,
and
to
the
gift
to
be
granted
to
him
of
the
samine
office
under
his
Highnesse
great
Seal
,
to
be
bruiked
and
possest
by
him
as
the
samine
hath
been
possest
and
bruiked
by
any
preceding
Clerk
of
Register
,
and
which
may
be
now
bruiked
by
the
Laws
of
this
Kingdome
,
And
ordains
a
gift
to
be
past
and
exped
under
his
Highnesse
great
Seal
,
to
the
said
Mr.
Alexander
Gibson
,
of
the
foresaid
office
of
Clerk
of
Register
,
with
all
honours
,
dignities
,
profits
,
casualities
,
liberties
and
priviledges
,
belonging
thereto
.
ACT
XXII
.
ACT
ANENT
THE
NOMINATION
AND
Election
of
the
Councellors
.
13.
Novem.
1641.
THe
which
day
the
Kings
Majestie
,
with
advice
and
approbation
of
the
Estates
of
Parliament
,
conveened
in
playne
Parliament
,
nominated
and
elected
the
Persons
under-written
,
viz.
Lord
Lowdoun
Chancellour
,
Duke
of
Lennox
,
Marques
of
Hammiltoun
,
Earle
of
Argyle
,
Earle
Marshall
,
Earle
of
Sutherland
,
Earle
of
Mar
,
Earle
of
Mortoun
,
Earle
of
Eglintoun
,
Earle
of
Cassils
,
Earle
of
Glencairne
,
Earle
of
Murray
,
Earle
of
Perth
,
Earle
of
Dumfermling
,
Earle
of
Wigtoun
,
Earle
of
Kinghorne
,
Earle
of
Roxburgh
,
Earle
of
Seaforth
,
Earle
of
Lauderdale
,
Earle
of
Lothian
,
Earle
of
Kynnowll
,
Earle
of
Southesk
,
Earle
of
Weymes
,
Earle
of
Dalhoussie
,
Earle
of
Findlater
,
Earle
of
Lanerk
,
Earle
of
Levin
,
Lord
Angus
,
Lord
Lindesay
,
Lord
Yester
,
Lord
Sinclare
,
Lord
Elphingstoun
,
Lord
Balmerino
,
Lord
Burghlie
,
Lord
Amont
,
Lord
Balcarras
,
the
Clerk
of
Register
,
Advocate
,
Justice
Clerk
,
Thesaurer
depute
,
Master
of
requests
,
Sir
Robert
Gordoun
,
Sir
William
Douglas
of
Cavers
,
Sir
Patrik
Hepburne
of
Wauchetoun
,
Laird
of
Dundas
,
Laird
of
Fintrie
,
Laird
of
Cambo
,
Laird
of
Dun
,
Laird
of
Innes
,
Laird
of
Morphie
,
and
the
Provest
of
Edinburgh
,
for
the
time
being
,
To
be
of
the
Councell
ad
vitam
aut
culpam
,
conform
to
the
Act
made
in
this
present
Parliament
,
upon
the
16.
day
of
September
last
by-past
,
anent
the
nomination
and
election
of
the
Officers
of
Estate
,
Counsellors
and
Sessioners
,
and
conform
to
the
Commission
to
be
granted
by
the
Kings
Majestie
,
with
the
advice
and
approbation
of
the
Estates
of
Parliament
,
to
the
saids
Lords
and
others
of
his
Majesties
secret
Councell
above
named
,
for
government
of
this
Kingdome
in
all
affairs
,
concerning
the
peace
,
good
and
happinesse
thereof
,
which
by
the
Lawes
and
Custome
of
this
Kingdome
,
pertaine
to
his
Majesties
secret
Councell
:
Like
as
his
Majestie
,
with
advice
and
approbation
foresaid
,
likewise
nominated
and
elected
the
Earle
of
Arrundel
,
the
Earle
of
Pembroke
,
the
Earle
of
Salisbury
,
and
the
Earle
of
Holland
,
to
be
supernumerarie
Counsellors
of
his
Majesties
Privie
Councell
of
this
Kingdome
,
and
to
be
contained
in
the
foresaid
commission
to
be
granted
to
the
Councell
,
as
supernumerarie
there-intill
:
And
his
Majestie
,
with
advice
and
approbation
foresaid
,
gives
and
grantes
to
the
saids
Counsellors
above
named
,
and
every
one
of
them
,
all
honours
,
dignities
,
liberties
,
immunities
,
and
priviledges
whatsoever
belonging
to
the
Lords
and
others
of
his
Highnesse
Privie
Councell
of
this
his
ancient
and
native
Kingdome
,
To
be
bruiked
and
possest
by
them
,
siclike
and
with
all
respects
,
as
the
samine
have
beene
bruiked
by
any
preceding
Counsellers
of
his
Majesties
Privie
Councell
foresaid
,
and
which
may
be
now
bruiked
and
enjoyed
by
them
,
by
the
Laws
of
this
Kingdome
,
conforme
to
the
foresaid
Act
of
the
sixteenth
day
of
September
last
by-past
,
and
to
the
commission
to
be
granted
to
the
saids
Lords
,
and
others
of
his
Majesties
Privie
Councell
,
as
said
is
.
ACT
XXIII
.
ACT
ANENT
THE
NOMINATION
AND
Election
of
the
Lords
of
Session
ordinary
and
extraordinary
.
13
November
1641.
THe
which
day
the
Kings
Majestie
,
with
advice
and
approbation
of
the
Estates
of
Parliament
,
conveened
in
plaine
Parliament
,
nominated
and
elected
,
Sir
George
Erskene
of
Innerteil
,
Sir
Alexander
Gibson
of
Durie
,
Sir
Andro
Fletcher
of
Innerpeffer
,
Sir
John
Hamiltoun
of
Orbestoun
,
Justice
Clerk
,
Sir
James
Carmichaell
,
of
that
ilk
The
saurer
depute
,
Sir
James
Leirmonth
of
Balcomie
,
Sir
James
Macgill
of
Crastoun
Riddell
,
Sir
George
Halyburtoun
of
Fodderance
,
Sir
John
Hope
of
Craighall
,
Sir
John
Scot
of
Scottistatbet
,
Sir
Alexander
Falconer
younger
of
Hackertoun
,
Sir
John
Leslie
of
Newtoun
,
and
Sir
Thomas
Hope
of
Kerse
,
Knights
,
Mr.
Archibald
Johnstoun
of
Warristoun
,
and
Mr.
Adam
Hepburne
of
Humbie
:
To
be
the
fifteen
ordinair
Lords
of
Session
,
and
Senators
of
the
Colledge
of
Justice
,
and
that
ad
vitam
vel
culpam
,
and
Judges
for
administration
of
Justice
,
to
the
lieges
,
conform
to
the
foundation
and
erection
of
that
Soveraigne
Judicatorie
of
the
Colledge
of
Justice
:
Like
as
his
Majestie
,
with
advice
and
approbation
of
the
saids
Estates
of
Parliament
,
gave
and
disponed
,
and
hereby
gives
and
dispones
to
the
saids
fifteen
ordinair
Lords
of
Session
above
named
,
and
to
ilk
one
of
them
,
ad
vitam
vel
culpam
,
as
said
is
,
the
fifteen
ordinarie
places
of
the
said
ordinair
Lords
and
Senators
of
the
Colledge
of
Justice
,
with
all
fees
,
honours
,
dignities
,
profits
,
casualities
,
immunities
,
liberties
,
and
priviledges
whatsoever
,
pertaining
,
and
belonging
to
the
ordinair
Lords
and
Senators
of
the
Colledge
of
Justice
,
and
their
places
thereof
to
be
bruiked
,
and
possest
by
the
persons
above
named
,
now
nominate
and
lected
thereto
,
as
said
is
:
And
ilk
one
of
them
siclike
,
and
with
all
respects
and
priviledges
,
fees
,
casualities
,
immunities
,
liberties
,
and
profits
whatsoever
,
as
the
samine
hath
beene
possest
and
bruiked
by
any
preceding
Lords
and
Senators
of
the
said
Colledge
of
justice
,
and
which
the
saids
Lords
and
Senators
foresaids
may
now
bruike
and
enjoy
by
the
Lawes
of
this
Kingdome
,
and
that
ad
vitam
vel
culpam
,
conforme
to
the
Act
of
this
present
Parliament
made
hereanent
upon
the
sixteenth
day
of
September
last
by-past
.
Like
as
his
Majestie
,
with
advice
and
approbation
foresaid
,
likewise
nominated
and
elected
Archibald
Earle
of
Argyle
,
Archibald
Lord
Angus
,
John
Lord
Lindsay
,
and
John
Lord
Balmerino
,
to
be
the
foure
extraordinair
Lords
of
Session
,
and
Senators
of
the
said
Colledge
of
justice
,
conforme
to
the
foresaid
Act
made
anent
the
nomination
and
election
of
the
Officers
of
Estate
,
Counsellours
,
and
Sessioners
,
of
the
date
the
16.
day
of
September
last
by-past
.
And
His
Majesty
,
with
advice
and
approbation
of
the
saids
Estates
,
gave
and
disponed
,
and
hereby
gives
and
dispones
to
the
saids
foure
extraordinair
Lords
of
Session
above
named
,
and
to
ilk
one
of
them
,
the
foure
extraordinair
places
of
the
saids
extraordinair
Lords
and
Senators
of
the
Colledge
of
justice
,
with
all
honours
,
dignities
,
immunities
,
liberties
,
and
priviledges
whatsoever
,
belonging
to
the
extraordinair
Lords
of
Session
,
and
their
places
thereof
,
to
be
bruiked
and
possest
by
the
foresaids
foure
Lords
above
named
,
now
nominated
and
elected
thereto
,
siclike
and
with
all
respects
as
the
famine
have
beene
possest
and
bruiked
by
any
preceding
extraordinair
Lords
of
the
Session
,
and
which
may
be
now
bruiked
and
enjoyed
by
them
by
the
Lawes
of
this
Kingdome
.
ACT
XXIV
.
COMMISSION
FOR
REGULATING
The
common
burthens
of
the
Kingdome
.
15.
November
,
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
Considering
,
that
during
the
time
of
the
late
troubles
of
this
Kingdom
,
there
were
many
great
summes
and
burdens
contracted
,
undertaken
and
advanced
for
the
outreiking
and
maintenance
of
the
Armies
,
and
for
other
publike
affaires
:
As
likewise
considering
that
the
courts
of
the
common
burdens
of
the
Kingdome
,
and
the
accounts
of
the
tenth
penny
,
and
of
the
other
debts
,
resting
due
and
payable
to
the
publike
:
Together
with
the
accounts
and
intromissions
of
all
Commissioners
,
Collectors
,
&
others
persons
,
who
have
had
any
charge
or
intromission
with
any
thing
pertaining
to
the
publike
,
aswell
in
the
Countrey
as
at
the
Army
,
and
other
parts
abroad
,
are
not
yet
fully
closed
,
cleared
,
counted
for
,
payed
,
nor
reduced
in
order
:
And
seeing
it
is
absolutely
necessary
,
that
all
the
debts
contracted
and
advanced
for
the
publike
use
,
either
within
the
Kingdome
or
without
the
famine
,
be
known
,
satisfied
,
payed
,
and
relieved
,
As
also
that
every
thing
resting
to
the
publike
,
be
counted
for
,
payed
and
brought
in
for
reliefe
of
the
common
burthens
,
and
that
the
whole
counts
of
the
Armies
,
and
other
counts
within
and
without
the
Kingdome
,
together
with
the
accounts
of
the
monthly
maintenance
of
the
Army
,
and
Brotherly
assistance
granted
by
the
Parliament
of
England
,
for
reliefe
of
the
common
burthens
of
this
Kingdome
,
at
least
so
much
thereof
,
as
is
already
payed
,
be
all
cleared
,
fitted
and
closed
,
and
that
the
rest
and
superplus
of
the
said
brotherly
assistance
yet
resting
,
may
be
craved
,
uplifted
and
received
for
the
publike
use
:
And
it
being
likewise
necessary
,
that
all
and
every
person
,
who
have
had
any
trust
and
intromission
with
any
thing
pertaining
to
the
publike
,
either
within
the
Country
,
or
at
the
Armie
,
or
any
other
place
,
be
called
to
an
account
,
for
their
intromission
:
and
that
the
Generall
Officers
,
and
others
,
who
have
served
in
the
publike
be
satisfied
and
recompensed
for
their
service
,
according
to
their
demerits
,
As
also
that
the
losses
sustained
,
by
the
particular
persons
whose
ships
and
goods
were
taken
at
Sea
,
either
in
England
or
Ireland
,
be
taken
to
consideration
,
To
the
effect
,
that
the
whole
burthens
and
debts
resting
by
the
publike
being
knowne
,
and
all
that
is
due
to
the
publike
being
counted
for
,
payed
and
brought
in
for
relief
of
the
common
burthens
,
the
estate
and
condition
of
the
publike
affairs
may
be
the
better
known
,
and
according
lie
such
course
taken
thereanent
,
as
may
best
conduce
for
the
good
and
weale
of
the
country
:
And
seeing
the
clearing
and
setling
of
the
premisses
will
necessarily
draw
to
such
a
length
of
time
,
as
his
Majesty
and
the
Estates
of
Parliament
,
cannot
in
this
present
Parliament
receive
,
call
for
,
nor
examine
the
saids
accounts
and
common
burthens
of
the
Kingdome
,
and
settle
and
order
every
thing
concerning
the
same
;
In
respect
whereof
,
Our
said
Soveraign
Lord
and
Estates
of
Parliament
,
have
found
it
necessary
and
expedient
,
that
a
select
number
of
the
severall
Estates
of
the
Kingdom
,
be
nominated
,
authorised
and
appointed
,
for
clearing
and
setling
of
the
whole
premisses
,
and
for
directing
,
setling
and
ordering
of
every
thing
which
may
concerne
the
same
,
Or
which
may
offer
and
come
in
consideration
thereanent
.
Therefore
His
Majestie
and
Estates
of
Parliament
presently
conveened
,
do
by
vertue
of
thir
presents
,
elect
,
nominate
,
choose
,
authorise
and
appoint
the
persons
after
specified
,
viz.
John
Earle
of
Lowdoun
,
High
Chancellour
of
Scotland
,
Archbald
Marques
of
Argyle
,
Alexander
Earle
of
Eglintoun
,
John
Earle
of
Cassils
,
William
Earle
of
Glencairne
,
John
Earle
of
Lauderdaill
,
William
Earle
of
Lothian
,
John
Earle
of
Lindesay
,
David
Earle
of
Southesk
,
Iames
Earle
of
Findlater
,
Iohn
Lord
Sinclair
,
Iohn
Lord
Balmerino
,
Robert
Lord
Burghlie
,
George
Lord
Forrester
,
Sir
Charles
Erskene
of
Bandeth
,
Sir
David
Hoome
of
Wedderburne
,
Sir
Robert
Innes
of
that
ilk
,
Sir
George
Dundas
of
that
ilk
,
Sir
William
Cunyngham
of
Capringtoun
,
Sir
Iohn
Wauchope
of
Nidrie
,
Sir
Alexander
Erskene
of
Dun
,
Sir
Gilbert
Ramsey
of
Balymayne
,
Sir
Duncane
Campbell
of
Auchinbrek
,
Sir
William
Forbes
of
Craigievare
,
Sir
Robert
Greirsone
of
Lag
,
Master
George
Douglas
of
Bonjedburt
,
William
Rig
of
Ethernie
,
Alexander
Gordoun
of
Earlstoun
,
Iohn
Binnie
Burges
of
Edinburgh
,
Thomas
Durham
Burges
of
Pearth
,
Patrik
Leslie
Burges
of
Aberdene
,
George
Bell
Burges
of
Linlithgow
,
Patrik
Bell
Burges
of
Glasgow
,
Iames
Sword
Burges
of
Saint
Andrewes
,
Iohn
Kennedye
Burges
of
Air
,
Iohn
Sempell
Burges
of
Dumbartane
,
William
Glendoning
Burges
of
Kirkcudbright
,
Iames
Scot
Burges
of
Montrose
,
Master
Robert
Barclay
Burges
of
Irving
,
Iames
Anderson
Burges
of
Couper
,
George
Gardine
Burges
of
Bruntiland
,
and
Master
Alexander
Dowglas
Burges
of
Bamff
,
Together
with
Alexander
Earle
of
Levin
,
and
Sir
Adam
Hepburne
of
Humbie
,
one
of
the
Senatours
of
the
Colledge
of
Justice
,
whom
His
Majestie
and
Estates
of
Parliament
adde
to
the
foresaid
number
,
as
ordinair
members
with
the
rest
,
to
be
Commissioners
from
his
Majesty
and
the
Parliament
,
to
the
effect
above
and
after
specified
:
Of
the
which
persons
,
any
twelve
of
them
shall
be
a
Quorum
,
there
being
alwaies
three
of
them
of
ilk
Estate
:
To
whom
our
said
Soveraign
Lord
and
Estates
,
and
whole
body
of
the
present
Parliament
,
Gives
,
grants
,
and
commits
full
power
,
warrant
and
commission
,
to
meet
and
conveen
within
the
burgh
of
Edinburgh
,
or
such
other
places
as
they
shall
think
expedient
,
Betwixt
and
the
_____
day
of
_____
next
to
come
at
farthest
:
and
there
to
call
for
,
examine
,
consider
,
cleare
,
fit
,
allow
and
count
the
whole
debts
and
burdens
contracted
,
and
undertaken
,
advanced
,
furnished
and
applyed
for
the
publike
use
,
And
siclike
,
with
power
to
them
,
to
reduce
the
whole
debts
,
counts
and
burdens
resting
by
the
publike
,
either
within
the
Kingdome
or
without
the
famine
,
to
be
a
full
and
compleat
order
:
And
for
that
effect
,
to
call
all
persons
interest
and
concerned
therein
before
them
,
for
the
better
trying
,
clearing
and
expeding
of
the
famine
,
or
of
any
difficultie
which
may
offer
and
occurre
in
the
setling
and
clearing
of
the
saids
common
burdens
and
debts
:
And
with
power
to
the
saids
Commissioners
or
Quorum
foresaid
of
them
,
to
fit
,
examine
,
close
,
settle
,
controll
and
allow
the
whole
counts
and
intromissions
of
all
commissars
,
collectors
and
their
deputes
and
substitutes
,
and
of
all
other
persons
who
have
had
any
charge
,
trust
,
intromission
or
medling
with
any
thing
pertaining
to
the
publike
,
or
in
any
publike
trust
and
charge
,
either
within
the
Kingdome
,
or
without
the
famine
,
not
already
approven
and
allowed
by
the
late
Committees
of
Estate
,
or
either
of
them
:
And
for
that
effect
Our
said
Soveraigne
Lord
and
Estates
of
Parliament
,
grants
full
power
and
warrant
to
the
saids
Commissioners
,
to
call
before
them
or
their
Quorum
foresaid
,
all
commissars
,
collectors
and
others
,
who
have
had
any
trust
,
intromission
,
or
medling
,
or
who
are
resting
any
thing
due
,
and
pertaining
to
the
publike
,
at
such
dyets
and
times
,
and
in
such
manner
as
they
shall
prescribe
and
find
expedient
,
And
to
cal
for
,
examine
,
controll
and
allow
the
whole
regiment
counts
,
and
other
counts
of
the
Armie
,
within
and
without
the
Country
,
with
the
accounts
of
all
Victuall
,
Money
,
Goods
,
or
other
commodities
and
furniture
furnished
,
received
,
expended
and
given
out
for
making
up
,
outreiking
and
entertainment
of
the
armies
,
and
of
all
other
publike
expeditions
and
imployments
,
and
to
allow
and
disallow
of
the
famine
as
they
shall
find
them
to
be
just
and
reasonable
,
And
with
power
to
the
saids
Commissioners
and
their
Quorum
foresaid
,
to
nominate
and
appoint
Collectors
,
Commissars
,
and
all
other
publike
servants
necessary
for
clearing
,
ingathering
and
recovering
of
the
publike
dues
,
debts
and
rests
due
,
and
payable
to
the
publike
,
and
to
prescribe
orders
to
them
,
and
to
call
all
others
,
either
authorized
already
,
or
to
be
appointed
by
them
,
And
to
prescribe
,
direct
,
and
give
forth
such
orders
,
letters
,
execution
,
and
other
dispatches
for
clearing
of
the
whole
premisses
,
and
for
recovery
of
the
debts
and
burdens
resting
to
the
publike
,
as
they
shall
think
expedient
,
And
with
power
to
the
saids
Commissioners
or
such
as
shall
be
authorized
and
warranted
by
them
or
their
Quorum
foresaid
,
to
crave
,
receive
,
uplift
and
intromet
with
that
summe
of
two
hundred
and
twenty
thousand
pounds
sterling
yet
resting
,
unpayed
by
the
Parliament
of
England
,
of
the
foresaid
brotherly
assistance
,
promised
and
obliged
to
be
payed
by
the
Kingdom
of
England
,
for
relief
and
defrayment
of
the
saids
common
burdens
of
this
Kingdome
,
and
to
grant
discharges
upon
the
receipt
thereof
,
in
whole
,
or
in
part
,
which
shall
be
als
sufficient
as
if
the
famine
were
granted
by
his
Majestie
,
and
the
whole
body
of
the
parliament
of
this
Kingdom
,
And
with
power
to
them
to
settle
,
accord
and
agree
upon
wayes
and
meanes
,
how
the
said
brotherly
assistance
may
be
most
timously
and
commodiously
payed
and
advanced
for
defrayment
and
relief
of
the
saids
common
burthens
,
either
by
exchange
,
advancement
,
or
any
other
manner
of
way
,
which
may
be
most
conduceable
for
the
relief
and
good
of
the
publike
,
And
with
power
to
the
saids
Commissioners
or
their
Quorum
foresaid
,
to
take
an
exact
count
of
the
whole
ammunition
,
artillery
,
armes
,
&
other
furniture
,
either
brought
home
,
made
,
or
brought
within
this
Kingdom
for
the
use
,
and
upon
the
common
expences
of
the
publike
,
and
for
the
reiking
out
of
the
Armies
and
Regiments
of
foot
and
horse
,
and
to
take
course
and
prescribe
orders
for
keeping
and
preserving
thereof
,
for
the
use
and
defence
of
the
Kingdome
,
and
to
appoint
and
constitute
such
persons
of
trust
and
best
experience
for
keeping
and
preserving
of
the
famine
,
as
they
shall
think
expedient
,
and
to
appoint
and
allow
to
them
convenient
fees
and
maintenance
for
the
same
,
As
also
with
power
to
them
to
take
consideration
and
course
anent
the
saids
losses
sustained
by
particular
persons
in
their
ships
and
goods
taken
at
Sea
,
either
in
England
or
Ireland
,
With
power
also
to
them
to
consider
every
man
his
losses
,
that
they
sustained
for
the
publike
,
and
accordingly
give
them
such
satisfaction
as
they
shall
find
just
and
reasonable
,
that
they
have
sustained
in
spuilyes
,
robbery
and
hearships
by
the
enemies
of
the
countrey
,
And
as
moneyes
and
other
commodities
due
to
the
publike
can
be
gotten
in
,
With
power
to
them
,
to
give
orders
for
distributing
thereof
for
defraying
of
the
saids
common
burthens
:
and
where
moneys
cannot
be
gotten
in
timouslie
for
reliefe
and
payment
foresaid
,
With
power
to
the
saids
Commissioners
or
their
Quorum
,
to
borrow
and
lift
moneys
where
ever
the
famine
may
be
had
,
for
relief
and
payment
of
such
urgent
debts
and
creditors
of
the
publike
as
cannot
suffer
delay
.
Which
summes
so
to
be
lifted
and
imployed
for
the
use
and
effect
foresaid
,
His
Majestie
and
Estates
of
Parliament
declares
hereby
to
be
the
publike
debts
and
burdens
of
the
country
,
and
binds
and
obliges
the
estates
and
whole
body
of
this
Kingdome
,
to
pay
and
defray
the
same
,
and
to
relieve
the
saids
commissioners
or
any
other
persons
who
shall
give
bands
or
securities
for
the
same
,
of
the
foresaids
summes
and
bands
,
and
of
all
perill
and
danger
that
may
follow
thereupon
:
and
siclike
,
with
power
to
the
saids
commissioners
and
their
Quorum
foresaid
,
to
give
orders
,
for
valuing
of
all
Presbyteries
,
Paroches
,
Lands
,
and
other
Rents
and
trade
not
already
valued
,
Conforme
to
the
preceding
statutes
,
acts
and
orders
made
there
anent
,
to
the
effect
,
that
the
tenth
peny
thereof
may
be
known
,
and
payment
may
be
exacted
accordingly
.
Like
as
his
Majestie
and
Estates
declares
,
that
such
persons
,
presbyteries
,
burghs
and
others
,
who
are
yet
resting
their
said
tenth
peny
,
are
and
shall
be
liable
in
payment
of
annuall
rents
for
the
same
,
from
the
terme
of
Whitsunday
,
1640.
yeares
,
and
in
time
comming
,
aye
and
while
the
compleat
payment
of
the
famine
:
And
in
respect
there
was
divers
and
sundry
Commissions
,
Letters
,
and
other
execution
and
warrants
,
directed
and
given
forth
by
the
late
Committees
of
Estates
residing
at
Edinburgh
,
and
by
the
Commissar
principall
,
and
Collector
generall
,
and
others
having
power
and
warrant
for
that
effect
,
to
Collectors
,
Commissars
,
and
other
publike
Servants
,
for
ingathering
and
recovering
of
payment
of
the
debts
and
rests
payable
to
the
publike
:
which
letters
and
warrants
are
not
yet
fully
execute
,
neither
yet
is
there
complete
payment
recovered
,
conforme
thereto
.
Therefore
our
said
Soveraigne
Lord
and
Estates
foresaids
,
ordaines
the
famine
Commissions
,
Letters
,
and
other
Warrants
,
emitted
and
given
forth
thereanent
,
to
stand
in
full
force
:
And
the
persons
entrusted
with
the
managing
and
executing
therof
,
to
do
their
exact
and
best
diligence
thereanent
,
aye
and
while
their
warrants
be
recalled
and
discharged
by
the
saids
Commissioners
,
or
their
Quorum
foresaid
,
It
is
hereby
declared
that
amongst
the
rest
of
the
common
and
publick
dues
and
debts
due
to
the
publick
,
that
the
whole
rents
of
all
Bishops
and
others
beneficed
persons
,
whether
deposed
,
fugitives
,
or
opposites
to
the
common
cause
,
for
the
full
cropts
and
years
of
God
1639.
and
1640.
yeares
,
are
and
shal
be
due
to
the
publike
,
Together
with
all
rests
of
the
saids
rents
preceding
the
said
two
cropts
not
truly
paid
nor
discharged
,
where
there
are
not
true
Creditors
to
affect
the
saids
preceding
rests
:
Which
Creditors
shall
have
preferance
from
the
saids
rests
of
the
cropt
1638.
and
precedings
allanerly
.
And
farther
,
if
there
be
any
part
of
the
saids
rents
uplifted
by
publike
order
of
the
cropt
1641.
yeares
,
his
Majesty
and
Estates
foresaids
hereby
dispences
therewith
in
favours
of
the
publike
:
And
generally
,
our
Soveraigne
Lord
and
Estates
of
Parliament
doe
hereby
grant
full
power
,
warrant
,
and
commission
to
the
saids
Commissioners
,
and
their
Quorum
foresaid
,
to
do
,
act
,
exerce
,
prescribe
,
prosecute
,
and
follow
forth
,
all
and
every
thing
necessary
and
behoofeful
,
as
well
for
clearing
,
allowing
,
fitting
,
and
closing
of
the
whole
common
burthens
and
debts
due
by
the
country
,
and
contracted
and
advanced
for
the
publike
use
foresaid
,
and
for
reducing
them
in
order
,
and
for
relief
,
payment
and
defrayment
of
the
famine
,
and
for
clearing
the
accounts
of
all
others
,
who
have
had
intromission
or
publike
charge
either
within
or
without
the
Country
,
and
for
calling
of
them
and
all
others
a
debted
to
the
publike
in
any
summes
,
goods
,
victual
,
or
other
commodities
whatsoever
,
to
a
full
account
,
and
to
do
,
act
,
and
prescribe
all
other
courses
,
orders
and
waies
necessar
,
concerning
the
whole
premisses
,
or
concerning
any
thing
which
may
come
in
consideration
thereanent
,
or
which
may
fall
under
the
counts
of
the
famine
:
And
what
ever
debts
and
burdens
shall
be
approven
and
allowed
by
the
saids
Commissioners
or
their
Quorum
,
His
Majestie
and
Estates
findes
and
declares
the
famine
to
be
lawfull
debts
and
burdens
,
To
affect
and
burden
the
Estates
of
this
Kingdome
,
and
oblige
the
saids
Estates
,
and
whole
body
thereof
,
To
pay
,
relieve
and
defray
the
same
:
Like
as
whatsoever
counts
shall
be
approven
and
allowed
,
or
disallowed
by
them
,
the
famine
shall
be
sufficient
for
the
exoneration
and
clearing
of
the
persons
comptars
and
others
contained
thereintill
:
And
what
ever
discharges
be
is
granted
by
them
,
or
any
others
collectors
,
commissars
,
or
others
,
to
be
substitute
,
authorized
and
warranted
by
them
,
shall
be
sufficient
exonerations
and
securities
to
the
receivers
of
the
famine
:
It
is
hereby
declared
,
That
such
counts
as
are
already
approved
and
allowed
by
the
late
Committees
of
Estate
,
or
either
of
them
,
shall
stand
good
and
vallid
,
and
shall
not
be
quarrelled
by
the
saids
Commissioners
,
without
prejudice
to
them
,
to
call
for
,
and
peruse
the
famine
accounts
for
the
better
ordering
and
cleering
of
the
common
counts
and
burdens
of
the
Kingdome
:
And
with
power
likewise
to
the
forenamed
Commissioners
and
their
Quorum
foresaid
,
to
prescribe
wayes
and
rules
to
the
particular
shires
,
presbyteries
and
divisions
for
reliefe
,
stenting
and
payment
amongst
themselves
,
of
all
publike
debursments
,
advancements
and
ingagements
,
contracted
,
undertaken
,
furnished
,
or
debursed
by
the
saids
shires
,
presbyteries
and
divisions
,
or
by
their
committees
of
warre
,
or
any
particular
persons
among
them
,
for
the
common
use
and
behoof
of
the
saids
shires
,
divisions
,
and
presbyteries
,
either
for
Armes
,
the
twentieth
penny
,
forty
dayes
,
and
Officers
pay
,
or
for
any
publicke
use
within
the
saids
Shires
or
Divisions
,
to
the
effect
that
all
the
Heritors
and
Inhabitants
within
the
famine
may
be
equally
stented
and
burdened
with
the
common
burdens
of
their
own
Shire
and
Division
where
they
dwell
,
and
to
cause
put
the
saids
orders
for
the
said
common
reliefe
to
due
execution
.
And
our
Soveraign
Lord
and
Estates
of
Parliament
finding
it
just
and
equitable
that
the
saids
Commissioners
,
their
charges
and
expences
in
attending
and
exercing
of
the
foresaid
trust
and
commission
put
upon
them
,
should
be
payed
and
defrayed
by
the
publick
:
Therefore
our
said
Soveraigne
Lord
and
Estates
foresaids
doe
hereby
modifie
and
allow
to
the
saids
Commissioners
,
and
ilk
one
of
them
,
in
their
severall
degrees
,
according
to
the
time
and
space
of
their
attendance
respective
,
the
like
fees
and
allowance
as
were
formerly
allowed
by
the
Estates
conveened
in
January
last
,
to
the
members
of
the
late
Committee
of
Estates
,
conforme
to
an
Act
made
thereanent
of
the
date
the
_____
day
of
the
said
moneth
of
January
last
,
Which
fees
and
allowances
shall
be
payed
to
them
,
and
every
one
of
them
,
according
to
the
time
and
space
of
their
exact
attendance
,
to
be
cleered
by
the
sederunt
book
of
the
dyets
of
their
meetings
,
testified
or
subscribed
by
the
Clerk
of
the
said
Committee
or
his
deputes
,
under
their
hands
,
testifying
the
time
and
space
of
ilk
person
their
attendance
,
which
shall
be
a
sufficient
warrant
to
the
Commissars
or
Collectors
of
the
publicke
dues
,
to
pay
the
same
allowance
to
the
saids
Commissioners
,
ilk
one
of
them
for
their
owne
parts
:
And
shall
be
allowed
to
the
saids
Commissars
,
Collectors
,
or
their
Deputes
in
their
accounts
.
And
it
being
necessary
that
there
be
an
able
,
qualified
and
trusty
Clerk
nominated
and
appointed
for
the
foresaid
Committee
,
and
for
keeping
of
all
the
papers
,
warrants
,
records
,
and
registers
concerning
the
whole
premisses
,
And
his
Majesty
and
Estates
foresaids
having
the
proofe
and
experience
of
the
trust
and
abilitie
of
Robert
Hepburne
Advocate
,
for
discharging
of
the
foresaid
office
and
place
as
Clerk
to
the
said
Committee
:
Therefore
our
said
Soveraigne
Lord
and
Estates
foresaids
doe
hereby
nominate
and
constitute
the
said
Robert
Hepburne
to
be
Clerke
to
the
said
Committee
,
and
ordaines
the
former
fee
and
allowance
appointed
for
the
said
Robert
as
Clerk
to
the
said
late
Committee
of
Estates
residing
at
Edinburgh
,
to
continue
and
be
payed
to
him
during
his
service
in
the
foresaid
office
:
And
with
power
to
him
to
appoint
substitutes
and
deputes
,
for
whom
he
shall
be
answerable
for
serving
in
the
foresaid
place
,
Granting
to
him
and
them
,
all
priviledges
,
fees
,
liberties
,
and
immunities
belonging
to
the
foresaid
office
:
Which
Clerke
and
his
foresaids
shall
have
the
charge
,
trust
,
keeping
and
ordering
of
all
the
papers
,
warrants
,
records
,
and
others
which
concerne
the
premisses
:
And
the
Acts
,
extracts
,
records
,
and
warrants
to
be
subscribed
by
the
said
Clerk
and
his
substitutes
,
shall
beare
als
full
faith
as
the
acts
or
extracts
of
any
other
Clerk
within
this
Kingdome
.
And
in
like
manner
,
with
power
to
the
saids
Commissioners
or
their
Quorum
,
to
appoint
,
allow
,
and
modifie
competent
fees
,
allowances
,
and
recompences
,
to
the
generall
Officers
and
all
others
persons
who
have
been
employed
in
the
publick
service
,
and
whose
fees
and
recompences
are
not
already
allowed
and
appointed
:
And
also
with
power
to
them
to
allow
and
appoint
such
fees
and
recompences
to
all
others
who
shall
necessarily
be
imployed
and
intrusted
by
them
,
as
they
shall
find
reasonable
.
And
in
case
any
of
the
above
named
Commissioners
shall
happen
to
depart
this
life
during
the
indurance
thereof
,
It
shal
be
leasome
to
the
rest
of
the
saids
Commissioners
of
that
Estate
,
or
most
part
thereof
,
to
elect
,
nominate
,
and
appoint
others
in
the
place
of
these
who
shall
happen
to
depart
,
ilk
Estate
choosing
Commissioners
in
place
of
these
who
shall
happen
to
decease
of
their
own
estate
.
Like
as
our
said
Soveraign
Lord
and
Estates
of
Parliament
doe
hereby
require
and
command
all
and
every
person
within
this
Kingdome
,
and
all
others
whom
the
famine
may
concerne
,
as
they
will
answer
at
their
highest
perill
,
that
they
give
exact
and
ready
obedience
to
such
orders
,
warrants
,
letters
and
directions
,
as
shall
be
given
forth
,
ordered
,
and
directed
by
the
saids
Commissioners
,
or
their
quorum
foresaid
,
anent
the
whole
premisses
:
Requiring
also
all
Sheriffes
of
Shires
,
Magistrates
of
Burroughs
,
Stewards
of
Stewartries
,
Bailiffes
of
Regalities
,
Provosts
and
Bailiffes
of
Burghs
,
and
all
others
persons
whatsoever
,
upon
their
highest
perill
,
as
they
shall
be
required
,
to
assist
and
concurre
to
the
executing
and
obeying
of
such
orders
,
warrants
,
and
other
dispatches
,
as
shall
be
directed
and
given
forth
by
the
saids
Commissioners
to
the
effect
above
specified
:
With
power
likewise
to
the
saids
Commissioners
,
and
their
Quorum
,
to
call
for
the
assistance
,
advice
,
and
information
of
any
persons
within
this
Kingdome
,
of
whatsoever
quality
,
for
cleering
of
whatsoever
questions
,
doubts
,
or
scruples
which
may
arise
&
occurre
in
any
particular
concerning
the
premisses
,
as
occasion
shall
offer
,
who
are
hereby
required
to
assist
the
saids
Commissioners
by
their
presence
,
counsell
,
information
,
and
advice
,
as
they
shall
be
desired
for
that
effect
.
And
it
is
ordained
,
that
horning
,
pounding
,
and
caption
,
and
all
other
manner
of
execution
personall
and
reall
,
shall
be
directed
upon
all
warrants
,
acts
,
and
orders
of
the
saids
Commissioners
,
and
their
Quorum
,
for
the
better
obeying
and
executing
of
the
famine
:
and
for
the
more
ready
and
timous
payment
of
the
said
publicke
dues
:
Which
Commissioners
above
named
are
and
shall
be
liable
and
countable
to
his
Majestie
and
the
Parliament
,
for
their
exact
diligence
,
and
constant
attendance
,
And
for
their
carriage
in
the
right
discharging
of
this
present
Commission
intrusted
to
them
,
and
every
part
and
particular
thereof
,
Like
as
they
shall
be
obliged
to
report
and
represent
to
the
next
Parliament
a
full
accompt
of
their
proceedings
and
deportments
anent
the
premisses
,
Together
with
the
true
estate
and
condition
of
the
burdens
and
affaires
of
the
publick
,
to
the
effect
that
his
Majestie
and
the
Parliament
,
after
consideration
of
the
premisses
,
and
of
their
proceedings
and
carriage
thereintill
,
may
take
such
farther
course
thereanent
,
as
shall
be
found
expedient
:
And
it
is
also
hereby
declared
,
That
the
nomination
made
by
his
Majestie
and
the
Parliament
of
a
Clerke
to
this
Commission
,
is
,
and
shall
bee
but
prejudice
of
the
Clerk
of
the
Registers
right
to
depute
Clerks
to
all
other
Commissions
from
the
Parliament
,
seeing
the
present
Clerk
Register
consented
to
the
Parliaments
choosing
of
a
Clerk
to
this
Commission
,
in
respect
the
present
Clerke
Register
being
generall
Commissar
to
the
late
Armie
,
is
a
principall
partie
to
compt
to
this
Commission
for
his
charge
and
discharge
,
and
so
could
not
depute
a
Clerk
to
this
judicatorie
,
where
he
is
to
make
his
own
compts
.
ACT
XXV
.
ACT
OF
APPROBATION
TO
THE
Committee
of
Estates
.
15.
November
,
1641.
OUr
Soveraigne
Lord
,
with
advice
and
consent
of
the
Estates
of
Parliament
,
considering
that
forsameikle
as
the
Estates
of
Parliament
in
June
1640.
for
the
reasons
and
considerations
at
that
time
moving
them
,
did
nominate
,
elect
,
choose
and
appoint
umwhile
John
Earle
of
Rothes
,
John
Earle
of
Cassils
,
Charles
Earle
of
Dumfermling
,
John
Earle
of
Wigtoun
,
William
Earle
of
Lothian
,
John
Lord
Lindesay
,
John
Lord
Balmerino
,
Robert
Lord
Burghlie
,
James
Lord
Couper
,
John
Lord
Loure
,
Sir
Alexander
Gibson
of
Durie
,
Sir
John
Hope
of
Craighall
,
Sir
John
Scot
of
Scotistarbet
,
Senators
of
the
Colledge
of
Justice
,
Sir
Patrik
Hepburne
of
Wauchtoun
,
Sir
David
Home
of
Wedderburne
,
Sir
Patrik
Murray
of
Elibank
,
Sir
Patrik
Hamiltoun
of
Little-prestoun
,
Sir
William
Cunyngham
of
Capringtoun
,
Sir
William
Douglas
of
Cavers
,
Sir
Thomas
Nicholson
of
Carnok
,
James
Chalmers
of
Gadgerth
,
Sir
Thomas
Hope
of
Kerse
,
—
Drummond
of
Riccartoun
,
John
Forbes
of
Leslie
,
Mr.
George
Dundasse
of
Maner
,
John
Smyth
,
Edward
Edgar
,
Thomas
Paterson
,
Richard
Maxwell
,
Burgesses
of
Edinburgh
,
Mr.
Alexander
Wedderburne
Clerk
of
Dundie
,
Mr.
Alexander
Jaffray
,
Burgesse
of
Aberdene
,
or
Mr.
William
More
,
in
his
absence
,
William
Hamiltoun
,
Bailiffe
of
Linlithgow
,
James
Sword
,
Burgesse
of
Saint
Andrewes
,
George
Porterfield
,
Bailiffe
of
Glasgow
,
Hugh
Kennedie
,
Bailiffe
of
Air
,
James
Scot
,
Burgesse
of
Montrose
,
and
John
Rutherfurd
,
Provest
of
Jedburgh
,
and
certaine
other
persons
to
be
Commissioners
from
the
saids
Estates
,
to
whom
they
gave
and
granted
full
power
,
warrand
,
and
commission
,
to
doe
,
order
,
direct
,
act
,
and
put
in
execution
every
thing
necessarie
,
expedient
and
incumbent
,
as
well
for
the
preservation
and
maintenance
of
the
Armies
,
both
Horse
and
Foot
,
by
Sea
and
Land
,
as
for
the
ordering
of
the
Countrey
,
and
whole
Bodie
and
Inhabitants
thereof
,
deciding
of
questions
and
debates
,
which
should
happen
to
arise
,
or
fall
out
in
any
businesse
,
which
should
occasion
or
offer
within
the
Kingdome
,
concerning
the
peace
and
quiet
thereof
:
But
prejudice
of
the
ordinarie
judicatories
,
established
within
this
Kingdome
,
by
Acts
of
Parliament
,
And
with
power
to
them
to
borrow
,
up-take
,
and
levie
moneys
for
the
use
of
the
publick
,
and
to
give
,
and
prescribe
order
and
directions
for
disbursing
thereof
:
And
generalitie
,
did
give
them
full
power
,
To
doe
all
and
sundrie
other
things
,
requisite
anent
the
ordering
,
directing
,
managing
,
prosecuting
,
and
executing
of
all
affaires
and
businesse
of
this
Kingdome
,
which
might
or
should
conduce
to
the
weal
of
the
famine
,
or
any
part
thereof
,
and
which
might
,
or
could
be
needfull
to
be
done
by
them
for
maintenance
,
and
preservation
of
the
religion
,
and
liberties
of
this
Kingdome
,
anent
the
premisses
,
as
the
said
commission
,
of
the
date
the
11.
day
of
June
,
1640.
in
the
same
at
more
length
beares
:
And
siclike
,
the
saids
Estates
did
nominate
and
constitute
Mr.
Adam
Hepburne
of
Humbie
,
to
be
Clerk
to
the
said
Commission
,
and
gave
him
power
to
substitute
deputes
,
one
or
more
:
And
his
Majesty
,
and
the
saids
Estates
,
now
presently
conveened
,
having
taken
to
consideration
the
paines
taken
by
the
saids
Noble-men
,
Barons
,
Burgesse
,
and
other
particularly
above
rehearsed
,
als
well
these
who
remained
at
Edinburgh
,
as
these
who
went
along
with
the
Armie
,
and
resided
at
the
Camp
,
or
sent
as
Commissioners
to
Rippon
and
London
,
and
of
the
said
Mr.
Adam
Hepburne
,
and
Robert
Hepburne
his
Colleage
,
who
served
as
Clerks
in
the
said
Commission
:
They
find
that
they
have
walked
uprightly
,
faithfully
,
diligently
and
carefully
,
in
the
discharge
of
the
said
Commission
,
answerable
to
the
trust
imposed
upon
them
,
And
therefore
his
Majesty
,
with
advice
and
consent
of
the
saids
Estates
,
hath
approven
,
and
by
thir
presents
approves
their
proceedings
and
carriage
therein
,
And
declares
them
,
and
every
one
of
them
,
to
have
done
good
service
to
his
Majesty
,
and
this
Kingdome
,
and
that
they
have
behaved
themselves
as
good
Christians
,
loyall
Subjects
,
and
well
deserving
Patriots
.
ACT
XXVI
.
ACT
FOR
RELIEFE
OF
THOSE
WHO
Have
given
band
for
the
use
of
the
publike
.
15.
November
,
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
Considering
that
the
members
of
the
late
Committees
from
the
saids
Estates
of
Parliament
,
to
whom
the
furnishing
of
the
Armes
,
and
all
other
necessary
expences
concerning
the
publike
was
intrusted
,
conforme
to
the
power
and
commission
given
to
them
,
as
likewise
others
,
who
were
not
of
the
Committee
,
and
also
the
generall
Commissar
or
his
deputes
,
Having
borrowed
and
undertaken
great
summes
of
money
for
the
necessair
use
and
behoof
of
the
publike
,
for
the
which
summes
and
debts
,
contracted
by
the
saids
Committees
,
They
have
given
security
to
the
parties
,
partly
by
publike
acts
,
in
name
of
the
Estates
,
And
where
many
persons
were
difficile
and
scrupulous
,
to
advance
and
lend
moneys
,
and
other
necessairs
upon
the
publike
security
,
These
of
the
saids
Committees
,
and
others
foresaids
,
have
given
their
owne
particular
bands
,
and
have
moved
divers
others
persons
to
give
band
and
security
to
the
lenders
of
the
saids
summes
,
bearing
borrowed
money
without
any
relation
to
the
publike
:
Likeas
divers
Noblemen
,
Barons
and
Burrowes
,
and
others
,
before
the
establishing
of
the
saids
Committees
of
Estates
,
did
willingly
,
for
advancement
of
the
publike
service
,
give
their
particular
bands
for
great
summes
of
money
for
the
publike
use
,
and
which
were
given
in
to
the
Commissars
and
Collectors
,
and
counted
for
by
them
in
their
accounts
,
whereby
the
forenamed
persons
who
have
granted
such
bands
,
may
be
distressed
for
payment
of
the
saids
summes
,
at
the
instance
of
the
persons
to
whom
they
are
bound
,
So
as
for
their
furtherance
and
affection
to
the
advancement
of
the
publike
service
,
their
Estates
and
Credit
may
both
be
indangered
,
unlesse
remeed
be
provided
:
And
his
Majesty
&
Estates
foresaid
,
being
careful
that
neither
the
members
of
the
saids
Committees
,
nor
any
others
persons
may
suffer
prejudice
in
their
estates
or
credit
,
by
or
through
any
bands
granted
by
them
to
any
persons
for
lent
money
,
silver
plate
,
or
any
other
necessary
commodity
,
furnished
and
advanced
for
the
publike
use
,
But
that
they
and
every
one
of
them
,
their
heires
and
executors
,
be
freed
and
relieved
by
the
saids
Estates
of
the
famine
,
and
of
all
dammage
,
perill
and
danger
which
they
may
incurre
and
sustaine
there
through
,
It
being
made
appear
,
that
the
summes
of
money
,
or
other
commodities
,
for
the
which
they
have
given
band
,
as
said
is
,
are
counted
for
,
or
applyed
for
the
use
of
the
publike
,
and
approven
by
publike
act
,
order
and
warrand
:
Therefore
Our
said
Soveraign
Lord
and
Estates
of
Parliament
,
by
vertue
of
this
present
Act
,
do
hereby
bind
and
oblige
the
Estates
of
this
Kingdom
,
to
warrand
and
relieve
the
saids
members
of
the
said
Committees
of
Estate
,
and
all
others
persons
whatsoever
,
who
have
given
band
and
security
for
any
summes
of
money
,
or
other
commodities
for
the
use
of
the
publike
,
and
whereof
count
and
reckoning
is
,
or
shall
be
made
and
approven
,
whereby
it
may
appear
,
that
the
famine
are
imployed
for
the
use
of
the
publike
,
by
publike
warrand
,
as
said
is
:
And
for
their
better
relief
of
the
same
,
The
saids
Estates
of
Parliament
,
binds
and
obliges
them
and
the
whole
body
of
this
Kingdom
,
to
make
paiment
to
the
persons
creditors
,
to
whom
the
said
bands
and
securities
are
given
of
the
same
summes
,
and
others
commodities
or
prices
thereof
,
and
that
at
the
termes
of
payment
,
appointed
by
the
saids
bands
,
with
the
interest
thereof
,
conforme
thereto
in
all
points
,
And
to
purchase
and
deliver
to
ilk
person
so
bound
,
as
said
is
,
their
saids
bands
given
by
them
,
or
sufficient
discharges
of
the
famine
,
with
all
convenient
diligence
,
and
in
the
mean
time
to
keep
them
harmlesse
and
skaithlesse
of
the
famine
bands
,
and
of
all
execution
,
perill
and
danger
which
may
follow
thereupon
:
So
being
that
the
summes
and
goods
contained
in
the
saids
bands
have
been
applyed
to
the
publike
use
,
by
publike
order
and
warrant
,
as
said
is
,
and
are
,
or
shall
be
counted
for
,
&
approven
in
the
accounts
of
the
common
burdens
of
this
Kingdom
:
Which
bands
so
contracted
and
undertaken
,
are
hereby
declared
to
be
publike
debts
upon
the
Estates
,
and
shall
affect
and
burden
them
,
notwithstanding
that
the
famine
be
given
by
particular
persons
,
without
relation
to
the
publike
,
in
manner
foresaid
.
ACT
XXVII
.
COMMISSION
FOR
RECEIVING
OF
THE
Brotherly
assistance
from
the
Parliament
of
England
,
15.
November
,
1641.
OUR
Soveraigne
Lord
,
and
the
Estates
of
this
present
Parliament
,
Considering
that
of
the
brotherly
assistance
promised
,
and
obliged
to
be
payed
by
the
Parliament
and
Kingdome
of
England
,
to
this
Kingdome
of
Scotland
,
for
relief
and
defrayment
of
the
common
burdens
and
losses
of
the
famine
,
There
is
yet
resting
the
summe
of
two
hundreth
and
twentie
thousand
pounds
sterling
money
,
conforme
to
the
articles
of
the
late
treatie
,
and
an
act
of
publick
faith
,
granted
by
the
Parliament
of
England
,
for
payment
thereof
,
at
the
termes
therein
contained
:
Therefore
our
saids
Soveraigne
Lord
and
Estates
of
Parliament
,
Doe
hereby
grant
full
power
,
warrand
,
and
commission
,
and
appoints
,
nominants
,
and
authorizes
the
persons
particularly
after
nominated
,
viz.
John
Earle
of
Lowdoun
,
Chancellour
of
Scotland
,
Archbald
Marques
of
Argyle
,
Alexander
Earle
of
Eglintoun
,
John
Earle
of
Cassils
,
William
Earle
of
Glencairne
,
John
Earle
of
Lauderdail
,
William
Earle
of
Lothian
,
John
Earle
of
Lindesay
,
David
Earle
of
Southesk
,
James
Earle
of
Findlater
,
John
Lord
Sinclair
,
John
Lord
Balmerino
,
Robert
Lord
Burghlie
,
George
Lord
Forrester
,
Sir
Charles
Erskene
of
Bandeth
,
Sir
David
Home
of
Wedderburne
,
Sir
Robert
Innes
of
that
ilk
,
Sir
George
Dundas
of
that
ilk
,
Sir
William
Cunyngham
of
Capringtoun
,
Sir
John
Wauchope
of
Nidrie
,
Sir
Alexander
Erskene
of
Dun
,
Sir
Gilbert
Ramsay
of
Balymayne
,
Sir
Duncane
Campbell
of
Auchinbrek
,
Sir
William
Forbes
of
Craigievare
,
Sir
Robert
Griersone
of
Lag
,
Mr.
George
Douglas
of
Bonjedburgh
,
William
Rig
of
Ethernie
,
Alexander
Gordoun
of
Earlstoun
,
John
Binnie
Burgesse
of
Edinburgh
,
Thomas
Durham
Burgesse
of
Pearth
,
Patrik
Leslie
Burgesse
of
Aberdene
,
George
Bell
Burgesse
of
Linlithgow
,
Patrik
Bell
Burgesse
of
Glasgow
,
James
Sword
Burgesse
of
Saint
Andrewes
,
John
Kennedye
Burgesse
of
Air
,
John
Semple
Burgesse
of
Dumbartane
,
William
Glendoning
Burgesse
of
Kirkcudbright
,
James
Scot
Burgesse
of
Montrose
,
Mr.
Robert
Barclay
Burgesse
of
Irving
,
James
Anderson
Burgesse
of
Couper
,
George
Gardine
Burgesse
of
Bruntiland
,
and
Mr.
Alexander
Dowglas
Burgesse
of
Bamff
,
Together
with
Alexander
Earle
of
Levin
,
and
Sir
Adam
Hepburne
of
Humbie
,
one
of
the
Senators
of
the
Colledge
of
Justice
,
whom
his
Majesty
and
Estates
of
Parliament
addes
to
the
foresaid
number
as
ordinair
members
with
the
rest
,
to
be
Commissioners
from
his
Majesty
and
the
Parliament
,
to
the
effect
after
specified
,
Granting
and
committing
,
like
as
his
Majesty
and
Estates
foresaids
,
doe
by
vertue
of
thir
presents
grant
full
power
,
warrand
and
commission
to
the
forenamed
persons
,
or
to
any
twelve
of
them
,
who
shall
be
a
quorum
,
there
being
alwayes
three
of
them
of
ilk
estate
,
either
by
themselves
,
or
by
such
others
persons
,
as
shall
be
intrusted
and
authorised
by
them
,
or
their
Quorum
foresaid
,
for
that
effect
,
to
crave
,
receive
,
uplift
,
and
intromet
with
the
foresaid
summe
of
two
hundreth
and
twentie
thousand
pounds
sterling
money
foresaid
,
yet
resting
unpayed
of
the
said
brotherly
assistance
,
promised
and
obliged
to
be
payed
by
the
said
Parliament
of
England
,
in
manner
foresaid
:
And
with
power
to
the
saids
Commissioners
,
or
such
as
shall
be
appointed
by
them
,
as
said
is
,
to
give
and
grant
discharges
upon
the
receit
of
the
said
summe
in
whole
,
or
in
part
,
which
shall
be
als
vallid
and
sufficient
,
as
if
the
famine
were
granted
by
his
Majestie
,
and
whole
body
of
this
present
Parliament
,
And
with
power
to
them
,
to
setle
,
accord
and
agree
upon
the
best
wayes
and
courses
how
the
said
brotherly
assistance
may
be
most
timously
&
conveniently
payed
at
the
termes
of
payment
appointed
for
that
effect
,
or
otherwise
,
how
the
famine
may
be
advanced
,
either
by
exchange
or
otherwise
,
for
defrayment
and
reliefe
of
the
saids
common
burdens
,
as
may
be
most
conducible
for
the
reliefe
and
good
of
the
publick
.
And
whatever
acquittances
or
discharges
the
forenamed
persons
,
or
such
other
persons
as
shall
be
authorized
by
them
,
shall
grant
&
subscribe
upon
the
receit
of
the
said
summe
,
or
any
part
thereof
,
or
whatever
other
course
they
shall
accord
and
agree
upon
concerning
the
famine
,
his
Majesty
and
the
Estates
of
Parliament
doe
by
these
presents
approve
and
authorise
the
same
,
and
if
need
bee
,
shall
ratifie
the
famine
in
the
next
ensuing
Parliament
:
And
generally
,
our
said
Soveraigne
Lord
and
Estates
foresaids
,
grants
and
commits
full
power
and
commission
to
the
forenamed
persons
and
their
Quorum
foresaid
,
and
to
these
who
shall
be
authorised
by
them
,
as
said
is
,
to
doe
,
exerce
,
accord
,
and
agree
upon
all
,
and
every
thing
necessary
,
anent
the
payment
and
recoverie
of
the
foresaids
summes
,
and
every
thing
else
,
which
may
concerne
the
samine
,
in
all
respects
needfull
and
expedient
,
Whereanent
our
said
Soveraigne
Lord
and
Estates
of
Parliament
,
declares
that
thir
presents
shall
be
a
good
and
sufficient
warrand
for
them
,
and
all
others
whom
the
samine
may
concerne
,
the
forenamed
Commissioners
,
and
these
to
be
authorised
and
appointed
by
them
for
the
effect
above
specified
,
being
alwayes
comptable
and
answerable
for
their
carriage
and
proceedings
in
the
premisses
.
ACT
XXVIII
.
ACT
AGAINST
GOING
OF
Salt-pans
and
Mils
on
the
Lords
day
,
and
other
prophanations
of
that
day
.
15.
November
,
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
Considering
notwithstanding
the
Acts
of
the
Generall
Assembly
,
ratified
in
this
present
Parliament
,
June
1640.
against
the
prophaning
of
the
Lords
day
,
by
going
of
Salt-pans
,
Salmond
fishings
,
Kils
,
Mils
,
and
hyring
of
shearers
on
the
said
day
,
yet
the
saids
abuses
are
not
left
off
,
but
rather
increased
:
Therefore
Our
Soveraign
Lord
and
Estates
foresaids
,
for
the
better
restraint
of
the
saids
abuses
and
prophanations
,
do
againe
inhibite
and
discharge
all
going
of
Salt-pans
,
or
Mils
,
and
all
working
of
works
thereintill
upon
the
Lords
day
,
and
all
hyring
and
conditioning
of
shearers
on
the
said
day
,
and
that
under
the
paines
and
penalties
following
,
to
be
payed
to
the
particular
Sessions
of
every
paroch
wherein
the
abuses
before
specified
are
committed
,
to
be
imployed
to
pious
uses
,
viz.
The
summe
of
twenty
pounds
for
ilk
day
foresaid
,
working
in
manner
foresaid
,
of
ilk
Salt
pan
;
of
ilk
dayes
fishing
of
Salmond
;
and
of
ilk
Mill
;
to
be
payed
by
the
heritors
and
possessors
thereof
,
for
the
time
,
and
the
masters
to
be
answerable
for
their
servants
,
And
the
summe
of
ten
pounds
for
ilk
shearer
and
fisher
of
Salmond
on
the
Lords
day
;
the
one
halfe
to
be
payed
by
the
hyrers
and
conducers
,
the
other
halfe
by
the
persons
hired
,
toties
quoties
:
And
ordaines
the
magistrates
of
the
town
,
to
keep
the
transgressours
in
ward
while
they
pay
the
said
penalties
,
for
the
which
the
Magistrates
shall
be
answerable
to
their
sessions
.
And
further
,
Our
said
Soveraign
Lord
and
Estates
,
do
hereby
inhibite
and
discharge
all
Markets
,
using
of
Merchandize
,
carrying
of
loads
upon
the
Lords
day
,
and
all
other
prophanations
or
abuses
thereof
whatsoever
.
And
that
under
the
same
pain
of
ten
pounds
,
to
be
payed
by
every
transgressour
to
their
Sessions
respective
,
for
the
uses
foresaid
toties
quoties
:
And
ordaines
the
saids
penalties
respective
above
specified
,
to
be
exacted
,
by
and
attour
the
confiscation
of
the
salt
,
corne
,
marchandize
,
loads
,
and
other
goods
whatsoever
,
imployed
,
used
,
gayned
,
or
made
and
wrought
,
in
the
prophaning
and
a
busing
of
the
said
Lords
day
,
which
paine
is
also
hereby
ordained
,
And
if
the
transgressours
be
not
able
to
pay
the
penalties
foresaids
,
ordaines
them
to
be
punished
exemplarly
in
their
bodies
,
according
to
the
merit
of
their
fault
,
toties
quoties
.
ACT
XXIX
.
ACT
ANENT
THE
NOMINATION
AND
Election
of
Sir
James
Galloway
to
be
Master
of
Requests
.
15.
November
.
1641.
THe
which
day
the
Kings
Majesty
,
with
advice
and
approbation
of
the
Estates
of
Parliament
,
nominated
and
elected
,
Sir
James
Galloway
,
to
be
Master
of
Requests
,
of
this
His
Highnes
Ancient
and
Native
Kingdome
of
Scotland
,
and
that
ad
vitam
vel
culpam
,
conforme
to
the
Act
of
this
present
Parliament
made
anent
the
Election
of
Officers
of
Estate
,
Councellours
and
Sessioners
,
upon
the
sixteenth
day
of
September
,
last
by
past
:
Like
as
His
Majestie
,
with
advice
and
approbation
foresaid
,
Gives
and
dispones
to
the
said
Sir
James
Galloway
,
ad
vitam
vel
culpam
,
as
said
is
,
the
foresaid
office
,
To
be
Master
of
Requests
of
this
His
Majesties
Kingdome
:
With
all
Honours
,
Dignities
,
Priviledges
,
Profits
,
Casualities
and
Liberties
pertaining
to
the
samine
office
,
which
have
been
possest
and
bruiked
by
any
preceding
Master
of
Requests
,
and
which
may
be
now
bruiked
by
the
Lawes
of
this
Kingdome
:
And
ordains
a
gift
to
be
past
and
exped
,
under
his
Highnes
great
seale
,
to
the
said
Sir
James
Galloway
,
of
the
foresaid
office
:
With
all
Honours
,
Dignities
,
Profits
,
Casualities
,
Liberties
and
Priviledges
pertaining
and
belonging
thereto
,
as
said
is
.
ACT
XXX
.
ACT
ANENT
THE
COMMISSION
FOR
Plantation
of
Kirks
,
and
Valuation
of
teinds
.
15.
November
,
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
Considering
the
humble
Supplication
of
the
general
Assembly
,
presented
by
the
Commissioners
thereof
,
for
planting
of
Kirks
,
uniting
or
dis-uniting
of
Paroches
,
and
for
other
pious
and
good
workes
mentioned
thereintill
:
For
the
which
,
and
other
causes
after
specified
,
It
is
necessair
,
That
power
&
commission
be
given
from
His
Majesty
and
Estates
to
the
effect
under-written
,
And
therefore
His
Majesty
and
Estates
foresaid
,
have
granted
,
and
by
these
presents
grant
full
power
&
commission
to
the
persons
after
following
,
viz.
Iohn
Lord
Lowdoun
Chancellour
,
Archbald
Earle
of
Argyle
,
Alexander
Earle
of
Eglintoun
,
Iohn
Earl
of
Cassils
,
William
Earle
of
Glencairn
,
Iohn
Earle
of
Lauderdail
,
William
Earle
of
Lothian
,
David
Earle
of
Southesk
,
Iames
Earle
of
Findlater
,
Iohn
Lord
Lindesay
,
Iohn
Lord
Sinclair
,
John
Lord
Balmerino
,
Robert
Lord
Burghly
,
George
Lord
Forrester
,
Sir
George
Dundas
of
that
ilk
,
Sir
Iohn
Wauchope
of
Nidrie
,
Sir
David
Home
of
Wedderburn
,
Sir
William
Forbes
of
Craigievare
,
Sir
Gilbert
Ramsay
of
Balymayn
,
Sir
William
Cunyngham
of
Caprintoun
,
William
Rig
of
Ethernie
,
Sir
Duncan
Campbel
of
Auchinbrek
,
Sir
Alexander
Erskene
of
Dun
,
Sir
Charles
Erskene
of
Bandeth
,
Sir
Robert
Innes
of
that
ilk
,
Alexander
Gordoun
of
Earlstoun
,
Sir
Robert
Griersone
of
Lag
,
Master
George
Douglas
of
Bonjedburgh
,
Iohn
Binnie
for
Edinburgh
,
Thomas
Durham
for
Pearth
,
Patrik
Leslie
for
Aberdene
,
George
Bell
for
Linlithgow
,
James
Sword
for
Saint
Andrews
,
Patrik
Bell
for
Glasgow
,
John
Kennedy
for
Air
,
John
Semple
for
Dumbartan
,
William
Glandoning
for
Kirkcudbright
,
Iames
Scot
for
Montrose
,
Master
Robert
Barclay
for
Irving
,
Iames
Anderson
for
Couper
,
George
Gardine
for
Bruntiland
,
Master
Alexander
Douglas
for
Bamff
,
Robert
Earle
of
Roxburgh
Lord
Privie-Seal
,
Sir
Alexander
Gibson
younger
of
Durie
clerk
Register
,
Sir
Thomas
Hope
of
Craighall
Advocate
,
Sir
James
Carmichael
,
Thesaurer
Depute
,
Sir
John
Hamiltoun
Justice
clerk
,
&
Sir
Andrew
Fletcher
of
Innerpeffer
,
Sir
Thomas
Hope
of
Kers
,
and
Sir
Adam
Hepburn
of
Humbie
,
three
of
the
Senatours
of
the
Colledge
of
Justice
,
To
meet
and
conveene
at
Halyrude-house
,
or
Edinburgh
,
or
such
other
places
as
shall
be
appointed
by
them
,
at
such
times
and
dyets
as
they
shall
appoint
,
And
to
value
,
and
cause
value
whatsoever
teinds
,
great
or
small
,
Personage
or
Viccarage
of
whatsoever
Lands
,
and
others
within
this
Kingdome
,
liable
to
the
payment
of
teinds
,
of
whatsoever
nature
and
quality
the
famine
be
of
,
which
are
yet
unvalued
:
Providing
the
Ministers
serving
the
cure
,
who
doe
lead
tithes
,
be
secured
of
good
and
thankfull
payment
of
so
much
victuall
,
or
money
,
answerable
to
the
worth
of
the
saids
tithes
,
as
the
tithes
shall
be
valued
to
:
And
als
to
receive
the
reports
from
the
Sub-commissioners
appointed
within
ilk
Presbyterie
of
the
valuations
of
whatsoever
teinds
of
lands
and
others
,
lyable
to
teind
,
as
said
is
,
led
and
deduced
before
them
,
according
to
the
tenor
of
the
Sub-commissions
direct
to
that
effect
,
And
to
allow
or
disallow
the
famine
,
according
as
the
same
shall
bee
found
agreeable
,
or
disagreeable
from
the
tenor
of
their
Sub-commissions
,
And
for
the
better
expeding
,
and
advancing
of
the
saids
valuations
,
with
power
to
appoynt
Committees
or
Sub-committees
of
their
owne
number
,
to
receive
the
reports
of
the
saids
valuations
made
,
or
to
bee
made
,
and
to
receive
,
admit
and
examine
witnesses
,
And
to
take
parties
oath
with
their
depositions
,
where
the
same
is
referred
to
oath
,
and
to
give
such
farther
power
to
the
saids
Committees
or
Sub-committees
of
their
owne
number
,
as
they
shall
think
fit
for
the
good
of
the
work
and
speedy
finishing
of
the
same
:
And
siclike
,
with
power
to
them
,
if
need
bee
,
to
appoynt
Sub-commissioners
who
are
not
of
their
owne
number
within
any
Parochine
,
or
Presbyterie
of
the
Countrey
,
for
leading
and
deducing
of
the
saids
valuations
,
and
to
receive
the
reports
thereof
,
allow
,
or
disallow
of
the
samine
:
And
generally
,
with
power
to
them
,
to
set
downe
whatsoever
other
order
or
course
,
which
shall
be
thought
fit
and
expedient
for
dispatch
of
the
faids
valuations
rectifiying
thereof
,
and
for
finall
closing
of
the
same
:
And
siclike
with
power
to
the
saids
Commissioners
,
or
any
fifteene
of
them
,
there
being
foure
thereof
for
every
Estate
,
after
closing
and
allowance
of
the
valuations
of
ilke
Kirke
and
Parish
,
or
at
least
the
exact
diligence
of
the
Ministers
done
to
that
effect
,
to
appoynt
,
modifie
and
set
downe
a
constant
,
and
locall
stipend
,
and
maintenance
to
ilke
Minister
(
his
present
stipend
being
allowed
in
the
first
end
thereof
)
to
bee
payed
out
of
the
teinds
thereof
:
And
to
grant
augmentations
to
ilke
Ministers
of
other
Kirks
nor
Bishops
Kirkes
,
who
got
not
the
benefit
of
the
former
Commission
,
and
have
not
the
full
quantity
of
eight
chalders
victuall
,
or
eight
hundred
markes
according
to
the
tenor
of
the
Acts
of
Parliament
made
,
in
anno
1633.
wherein
that
is
found
to
bee
the
lowest
proportion
for
the
maintenance
of
the
Ministers
,
except
such
particular
Kirkes
occurre
,
wherein
there
shall
bee
just
,
reasonable
,
and
expedient
causes
to
goe
beneath
the
said
quantity
,
which
is
hereby
also
referred
to
the
conscionable
consideration
of
the
Commissioners
before
exprest
,
And
to
grant
augmentations
to
Ministers
of
Kirkes
,
which
were
provided
by
the
former
Commission
,
but
to
a
lesse
quantity
nor
eight
chalders
victuall
or
eight
hundred
markes
in
the
cases
after
following
allanerly
,
viz.
where
the
teinds
in
whole
or
in
part
are
fewed
with
the
lands
cum
decimis
inclusis
,
whereby
the
Ministers
were
debarred
of
the
full
quantity
foresaid
,
or
where
the
valuations
already
led
,
the
time
of
the
provision
of
these
Kirkes
shall
happen
to
bee
reduced
as
unjustly
valued
,
or
where
it
can
be
proved
by
writ
or
oath
of
party
,
that
the
lesse
quantity
foresaid
proceeded
from
pactions
betwixt
the
Titular
and
the
Ministers
,
or
Titular
and
Parochiners
in
prejudice
of
the
Ministers
Successors
,
or
where
the
honest
Incumbents
for
the
time
were
impeded
by
the
Prelates
for
their
never
practising
conformity
,
to
obtaine
the
full
quantity
in
the
former
Commission
,
albeit
there
was
sufficiency
of
teinds
within
the
Paroch
:
In
the
which
cases
,
or
any
of
them
,
it
is
hereby
declared
,
that
the
Ministers
provided
by
the
former
Commission
,
shall
bee
supplied
to
the
full
quantity
foresaid
:
Like
as
hereby
it
is
declared
,
that
all
Bishops
Kirkes
,
whether
or
not
provided
at
all
,
or
provided
by
the
former
Commission
,
but
beneath
the
quantity
foresaid
,
shall
bee
supplied
to
the
full
quantity
of
eight
chalders
victuall
,
or
eight
hundred
marks
,
out
of
the
tithes
of
their
owne
Parish
,
and
where
the
same
cannot
bee
had
,
then
out
of
the
teinds
of
the
other
Kirkes
of
that
Bishoprick
:
And
that
all
Kirks
that
had
greater
quantity
of
stipend
before
the
restitution
of
Bishops
nor
they
now
have
(
except
they
have
beene
diminished
by
just
valuations
)
shall
bee
supplied
,
and
brought
to
the
same
quantity
whereof
they
were
in
possession
before
the
said
restitution
,
to
bee
payed
out
of
their
owne
Paroch
,
and
where
it
is
in-lacking
,
to
bee
payed
out
of
the
tithes
of
the
Bishops
Kirkes
:
For
the
which
effect
,
the
Kings
Majesty
and
Estates
of
Parliament
grants
power
to
the
Commissioners
foresaid
or
any
Quorum
of
them
,
and
als
gives
power
to
the
saids
Commissioners
,
to
dis-joyne
too
large
and
spacious
Kirks
,
and
plant
them
severally
,
and
to
cause
build
,
and
erect
new
Kirks
,
and
appoynt
competent
provisions
for
the
Ministers
to
change
Kirks
incommodiously
situate
,
to
a
more
commodious
part
of
the
Paroche
,
to
dis-joyne
and
dismember
such
parts
and
portions
of
parochins
lying
contigue
,
and
whereof
ane
part
is
farre
distant
from
the
proper
Paroche
Kirke
,
and
more
neere
and
ewest
to
the
next
adjacent
and
contiguous
Paroche
Kirke
,
from
their
owne
proper
paroch
Kirke
,
from
the
which
the
parts
and
portions
are
farther
distant
,
and
to
unite
and
adjoine
them
to
the
other
paroch
Kirk
,
to
the
which
they
are
more
ewest
:
And
als
to
unite
Kirks
and
parochines
lying
so
neere
other
,
and
being
so
little
bounds
,
and
small
number
of
Parochiners
,
that
the
union
of
them
shall
be
found
more
usefull
and
conducible
for
the
good
and
ease
of
the
Parochiners
of
both
the
Kirks
,
and
their
edification
:
Providing
that
the
dividing
of
large
parochs
,
the
dis-membring
of
ane
part
of
the
saids
parochines
in
case
foresaid
,
and
the
uniting
of
Kirks
and
parochines
of
the
qualitie
above
specified
,
be
done
upon
the
speciall
recommendation
of
the
Presbyterie
,
Synod
,
or
Generall
Assembly
,
given-in
in
writ
,
and
after
the
Commissioners
have
cited
and
heard
the
Parochiners
of
both
Kirks
thereanent
,
and
no
otherwise
:
And
to
set
down
a
solid
order
,
and
take
course
for
furnishing
the
elements
to
the
Communion
twice
in
the
year
,
or
oftner
,
where
they
are
not
provided
at
all
,
or
not
sufficiently
provided
:
And
als
to
take
order
for
paying
of
the
charges
of
the
Commissioners
to
the
generall
Assemblies
,
without
burdening
the
Ministers
stipends
therewith
.
And
siclike
,
with
power
to
them
to
advise
,
take
course
,
and
determine
in
all
things
referred
to
them
by
any
particular
act
or
reference
from
the
generall
Assembly
to
this
Parliament
,
or
from
the
Parliament
to
them
:
And
because
the
Kings
Majesty
,
considering
that
the
names
and
titles
of
Bishops
and
Bishopricks
by
the
Acts
and
Statutes
of
Kirk
and
Kingdome
,
are
abolished
and
suppressed
,
and
that
thereby
the
tithes
,
parsonage
and
viccarage
,
and
teind
duties
of
whatsoever
Kirks
or
Titles
,
pertaining
to
the
saids
Bishopricks
,
are
become
in
his
Majesties
hands
,
and
at
his
Majesties
disposing
,
And
his
Majesty
being
graciously
pleased
,
out
of
his
pious
and
royall
affection
to
the
maintenance
of
the
true
Religion
,
and
puritie
thereof
,
presently
established
within
this
his
Majesties
ancient
Kingdome
,
to
take
such
a
course
with
the
saids
teinds
and
teind
duties
,
pertaining
to
the
saids
Bishopricks
,
and
of
all
teinds
and
Kirks
annexed
thereto
,
that
the
famine
may
be
applied
to
the
use
and
benefit
of
the
Ministers
serving
the
cure
of
the
saids
Kirks
,
and
to
the
maintenance
and
supply
of
Universities
,
Colledges
,
and
Schools
:
Like
as
his
Majesty
before
his
comming
to
this
his
ancient
Kingdome
,
in
his
owne
royall
person
,
sent
and
directed
his
letters
to
the
Generall
Assembly
of
the
Kirk
,
conveened
at
Edinburgh
in
July
last
,
whereby
his
Majesty
declared
his
constant
purpose
and
resolution
to
imploy
the
teinds
of
the
saids
Bishopricks
to
the
uses
above
specified
:
And
therefore
his
Majesty
,
according
to
his
royall
promise
,
and
for
performance
thereof
,
hath
declared
,
and
by
thir
presents
declares
,
by
advice
and
consent
of
the
Estate
,
that
the
teinds
and
teind
duties
of
all
and
whatsoever
Kirkes
,
parsonage
,
and
viccarage
thereof
,
and
teinds
of
whatsoever
nature
pertaining
to
the
saids
Bishopricks
,
shall
be
applied
to
the
maintenance
of
the
Ministrie
,
and
of
the
Universities
and
Colledges
,
and
other
pious
uses
,
and
to
no
othet
use
,
and
that
according
as
the
same
shall
be
particularly
distributed
by
the
Commissioners
foresaid
,
to
whom
his
Majesty
and
Estates
grants
power
for
this
effect
,
And
declares
all
gifts
granted
,
or
to
be
granted
by
his
Majesty
,
to
whatsoever
person
or
persons
of
the
foresaid
teinds
and
teind
duties
,
or
any
part
thereof
,
except
to
the
uses
foresaid
,
to
be
null
in
the
self
:
Excepting
alwaies
all
gifts
already
granted
by
his
Majesty
to
whatsoever
person
or
persons
of
their
own
teinds
,
and
to
the
maintenance
of
Universities
and
Colledges
,
they
and
every
one
of
them
alwayes
being
liable
to
the
plantation
of
the
Kirks
to
the
full
quantity
contained
in
the
Acts
made
thereanent
.
Likeas
it
is
declared
hereby
,
that
all
teinds
and
teind
duties
which
belonged
to
Chapters
,
Deanes
,
Sub-deanes
,
and
other
dignities
of
the
Chapters
,
shall
bee
liable
to
the
like
provisions
of
the
Kirks
which
were
annexed
thereto
,
according
to
the
proportion
of
eight
Chalders
victuall
,
or
eight
hundred
marks
,
forth
of
the
teinds
of
their
owne
parochins
allanerly
,
according
to
the
Act
of
Parliament
.
And
sicklike
,
with
power
to
the
saids
Commissioners
,
as
said
is
,
to
take
order
that
every
heritor
and
life-renter
of
land
,
having
right
thereto
by
infeftment
of
life-rent
,
right
of
terre
,
or
by
band
for
infeftment
of
life-rent
,
shall
have
the
leading
of
their
owne
teinds
,
personage
,
and
viccarage
therof
,
they
paying
the
price
contained
in
the
act
above-specified
,
Incase
they
be
willing
to
buy
the
same
from
the
titular
,
having
power
to
sell
,
or
otherwise
,
Paying
the
rate
of
teind
exprest
in
the
acts
made
thereanent
.
And
to
that
effect
with
power
to
the
saids
Commissioners
,
to
set
down
,
the
price
of
sellable
teinds
,
according
to
the
worth
thereof
in
each
part
of
the
country
,
where
the
famine
grow
and
are
bred
.
And
als
with
power
to
them
,
to
set
downe
such
good
and
ample
securities
as
may
stand
by
law
,
both
for
the
buyers
of
the
teinds
,
to
the
effect
the
titulars
may
be
fully
denuded
in
their
favours
,
And
also
for
security
to
the
titulars
and
sellers
of
the
price
due
to
be
payed
to
them
for
the
saids
teinds
,
And
also
to
set
downe
the
security
in
favours
of
the
titulars
and
of
the
ministers
,
so
far
as
concernes
the
maintenance
assigned
to
them
for
good
,
thankfull
,
and
timous
payment
of
the
rate
of
teinds
where
the
famine
are
not
or
cannot
be
sold
:
And
siclike
,
with
power
to
the
saids
Commissioners
,
To
discusse
and
determine
all
questions
which
may
arise
betwixt
the
titulars
,
and
heritors
,
anent
the
price
of
teinds
,
according
to
the
nature
and
quality
of
the
rights
to
be
sold
,
whether
the
same
be
heretable
or
temporall
,
and
to
proportionate
the
price
accordingly
:
And
also
to
divide
the
price
of
teind
betwixt
the
heretors
and
life-renters
thereof
,
&
betwixt
titulars
and
taksmen
,
and
others
who
have
severall
and
distinct
rights
to
the
saids
teinds
,
sellable
according
to
the
quality
of
the
rights
,
And
also
with
power
to
them
to
cause
the
titulars
who
sell
their
saids
teinds
,
to
exhibit
their
rights
and
titles
,
to
the
effect
they
may
be
lawfully
denuded
thereof
,
in
favours
of
the
saids
heretors
and
life-renters
respective
,
without
prejudice
alwayes
to
his
Majesties
annuitie
to
be
payed
forth
of
the
saids
teinds
,
by
the
saids
titulars
of
teinds
or
heretors
or
life-renters
of
lands
,
according
to
the
tenour
of
the
act
of
annuity
:
And
generally
,
with
power
to
the
saids
Commissioners
to
decide
and
determine
in
all
other
points
which
may
concerne
the
leiding
and
drawing
of
teinds
,
the
selling
and
buying
of
the
same
,
or
payment
of
the
rates
thereof
,
contained
in
the
acts
of
Parliament
made
thereanent
:
And
whereas
it
may
fall
out
that
some
of
the
Commissioners
now
appointed
by
his
Majesty
and
Estates
,
may
be
unable
to
attend
the
service
through
death
,
sicknesse
,
or
some
other
notar
and
knowne
impediments
,
Therefore
his
Majesty
and
Estates
declares
such
other
persons
shall
fill
their
places
as
his
Majesty
shall
think
fit
,
by
advice
of
the
remanent
Commissioners
who
must
receive
and
admit
them
upon
the
said
Commission
,
and
take
their
oaths
for
faithfull
discharge
of
the
same
:
And
his
Majesty
and
Estates
ordaines
this
present
Commission
to
indure
unto
the
_____
ay
and
while
the
famine
be
expresly
discharged
by
his
Majesties
warrand
,
with
consent
of
the
Estates
for
that
effect
:
And
his
Majesty
with
consent
of
the
Estates
foresaid
,
findes
,
declares
,
and
ordaines
the
acts
,
decreets
and
ordinances
of
the
Commissioners
foresaid
,
and
of
the
other
persons
who
shal
be
surrogate
in
their
places
by
his
Majesty
in
manner
foresaid
,
in
the
whole
particulars
above
specified
,
and
every
one
of
them
,
to
have
the
force
,
strength
and
effect
of
a
decree
,
sentence
,
and
Act
of
Parliament
:
And
ordaines
the
Lords
of
Session
,
to
grant
and
direct
letters
of
horning
,
pounding
,
and
others
thereupon
,
upon
a
simple
charge
of
ten
dayes
,
or
otherwayes
as
shall
be
found
necessarie
:
Attour
for
clearing
of
all
doubts
and
difficulties
,
which
may
arise
anent
the
rectifying
of
valuations
,
or
other
particular
heads
following
,
His
Majestie
and
Estates
have
declared
,
and
declares
,
that
where
valuations
are
lawfully
led
against
all
parties
,
having
interest
,
and
allowed
by
the
former
Commissioners
,
according
to
the
order
reserved
by
them
,
that
the
famine
shall
not
be
drawn
in
question
,
nor
rectified
upon
pretence
of
enorm
lesioun
,
at
the
instance
of
the
Minister
,
not
being
titular
,
or
at
the
instance
of
his
Majesties
Advocate
,
for
and
in
respect
of
his
Majesties
annuity
,
except
it
be
proved
,
that
collusion
was
used
betwixt
the
titular
and
heretor
,
or
betwixt
the
Procutor
Fiscall
,
and
heretors
,
and
titular
,
which
collusion
is
declared
to
be
where
the
valuations
are
led
,
with
diminution
of
the
third
of
the
just
rent
,
presently
payed
:
And
which
diminution
shall
be
proved
by
the
parties
oaths
:
It
is
alwayes
declared
,
that
the
provisions
of
the
former
Commission
,
so
far
as
they
are
conceived
in
favours
of
the
Colledges
,
Hospitals
,
and
Ministers
,
are
herein
renewed
:
As
also
that
Ministers
serving
the
cure
,
who
leade
their
teinds
:
And
that
Colledges
,
Schooles
,
and
Hospitals
,
be
not
constrained
to
sell
,
set
,
nor
dispone
their
teindes
in
prejudice
of
their
successours
,
notwithstanding
of
the
valuations
thereof
:
Like
as
the
Kings
Majestie
and
Estates
,
grants
power
to
the
saids
Commissioners
,
to
do
every
thing
necessary
,
for
setling
and
establishing
the
right
of
any
teinds
of
the
prelacies
,
appointed
by
them
,
in
favours
of
the
saids
Kirks
,
Schooles
,
Universities
,
and
Colledges
,
according
to
their
severall
divisions
,
as
also
to
set
down
rules
,
and
wayes
,
how
the
same
shall
not
thereafter
be
delapidate
,
or
made
worse
by
the
titulars
for
the
time
,
And
his
Majesty
and
Estates
declares
,
That
all
his
Majesties
subjects
,
who
are
willing
to
buy
their
teinds
,
shall
be
oblisht
to
pay
the
price
thereof
contained
in
the
Act
made
thereanent
,
within
the
space
of
two
yeares
after
the
famine
beis
valued
and
approven
before
the
saids
Commissioners
:
And
that
after
the
expiring
of
the
said
time
,
the
titular
shall
not
be
compelled
to
sell
the
famine
,
except
they
doe
it
of
their
owne
good
will
,
With
this
declaration
alwayes
,
that
in
case
the
impediment
induring
the
space
foresaid
,
flow
from
the
titular
,
by
reason
of
his
minority
,
or
other
inability
,
in
that
case
the
Heretor
,
who
offereth
himselfe
ready
to
buy
his
owne
teind
within
the
space
foresaid
,
shall
have
place
so
soone
as
the
impediment
is
removed
,
to
buy
his
teinds
notwithstanding
of
the
expiring
of
the
yeares
,
and
space
above
exprest
:
And
it
is
declared
,
that
if
the
heretors
be
minor
,
and
his
tutors
neglect
the
buying
of
his
teinds
within
the
space
foresaid
,
The
minor
shall
have
action
for
two
yeares
after
his
minority
to
compell
the
titular
for
selling
of
the
saids
teinds
.
Likeas
his
Majesty
and
Estates
of
Parliament
grants
power
to
the
saids
Commissioners
to
give
recompence
to
parties
for
the
augmentation
of
stipends
to
be
imposed
by
this
present
Commission
in
the
same
way
as
was
done
by
some
former
Commissions
,
as
1617.
yeares
:
Likeas
it
is
hereby
declared
,
that
where
by
mistaking
and
wrong
compting
,
there
was
a
greater
quantitie
assigned
to
the
minister
out
of
any
mans
teinds
nor
is
due
by
proportion
according
to
the
valuation
,
that
the
Commissioners
may
rectifie
the
same
without
diminishing
the
ministers
stipend
,
or
wronging
his
possession
,
untill
it
be
given
out
of
other
teinds
in
the
paroch
:
Likeas
it
is
declared
,
that
where
the
assignations
are
made
wrong
in
the
quality
that
the
same
might
be
reduced
to
the
just
number
of
bols
of
meale
,
beire
,
and
wheat
,
answerable
to
the
valuation
,
With
power
also
to
the
saids
Commissioners
to
assigne
the
few
dueties
of
the
parts
of
land
;
called
Parsons
and
Viccars
gleibes
,
to
the
ministers
and
others
serving
the
cure
.
ACT
XXXI
.
COMMISSION
ANENT
THE
ARTICLES
Referred
to
Consideration
by
the
Treaty
.
16.
November
,
1641.
OUr
Soveraigne
Lord
,
with
consent
of
the
Estates
of
Parliament
,
Considering
that
there
are
sundry
heads
of
the
Articles
of
the
Treaty
of
peace
betwixt
his
Majesty
and
his
Subjects
,
and
betwixt
his
Majesties
Kingdoms
of
Scotland
and
England
,
which
are
referred
to
bee
taken
in
consideration
by
the
Commissionars
,
to
bee
appoynted
by
his
Majesty
with
consent
of
both
Parliaments
,
who
shall
have
power
to
advise
and
treate
thereupon
,
and
to
report
their
proceedings
therein
to
his
Majesty
and
to
the
Parliament
of
both
Kingdomes
respective
,
and
specially
the
articles
after
specified
:
And
his
Majesty
with
consent
foresaid
being
willing
,
that
a
Commission
bee
exped
on
their
part
for
advising
and
treating
upon
the
saids
Articles
,
with
the
Commissioners
chosen
,
or
to
bee
chosen
by
his
Majesty
with
consent
of
the
Parliament
of
England
,
within
which
is
included
the
Kingdome
of
Ireland
:
Therefore
his
Majesty
,
with
advise
and
consent
of
the
Estates
,
gives
and
grants
full
power
and
Commission
to
the
persons
after
specified
,
William
Earle
of
Lothiane
,
John
Earle
of
Lindesay
,
Lord
Parbrothe
and
Struther
,
John
Lord
Balmerino
,
Sir
Thomas
Myretoun
of
Cambo
,
Sir
Thomas
Hope
of
Kerse
,
Sir
Archbald
Johnstoun
of
Wariestoun
,
Sir
John
Smyth
of
Grottell
Burgesse
of
Edinburgh
,
Patrik
Bell
Merchant
Burgesse
of
Glasgow
,
and
Mr.
Robert
Barclay
Burgesse
of
Irving
,
as
also
to
John
Earle
of
Lowdoun
Chancellour
of
Scotland
,
and
Archbald
Marquesse
of
Argyle
,
Earle
of
Kintyre
,
Lord
Lorne
,
or
any
of
them
two
,
who
beis
at
Court
,
To
bee
of
the
Commission
with
the
remanent
Commissioners
above
named
:
With
power
to
the
saids
whole
Commissioners
above
named
,
or
any
five
of
them
,
there
being
one
thereof
at
least
of
every
Estate
,
to
conveene
with
the
Commissioners
chosen
or
to
bee
chosen
by
his
Majesty
with
consent
of
the
Parliament
of
England
(
within
which
is
included
the
Parliament
of
Ireland
,
as
said
is
)
at
whatsoever
places
and
times
convenient
to
bee
accorded
amongst
them
,
and
there
to
consult
,
advise
,
treat
,
and
agree
upon
the
speciall
Heads
and
Articles
following
:
viz.
Anent
the
Demand
concerning
the
making
war
with
Forreigners
,
and
anent
Leagues
and
Confederations
to
bee
made
with
forraign
Princes
and
Estates
,
and
concerning
mutuall
Supply
in
case
of
forraign
Invasion
,
and
also
concerning
mutuall
Trade
and
Commerce
betwixt
the
Kingdome
of
Scotland
,
England
,
and
Ireland
,
and
anent
the
pressing
of
Ships
,
and
men
,
by
sea
or
land
,
and
als
anent
Naturalization
and
mutuall
Capacity
of
the
Subjects
of
both
Kingdomes
,
who
either
of
them
,
respective
,
of
all
Dignities
,
Liberties
,
Priviledges
,
and
other
Benefits
Ecclesiasticall
or
civill
,
and
others
of
that
nature
,
and
concerning
the
lawfullnesse
and
solemnity
of
the
extracts
of
Bands
or
Decreets
in
either
of
the
saids
Kingdomes
:
And
als
concerning
the
manner
of
safe
conduct
for
transporting
from
England
to
Scotland
by
sea
or
land
,
in
such
a
way
as
may
be
most
secure
and
least
chargeable
to
the
estate
of
Scotland
,
of
the
moneys
given
and
promitted
by
way
of
brotherly
supply
,
and
assistance
to
the
Estate
and
Kingdome
of
Scotland
by
the
Parliament
of
England
:
And
concerning
what
assistance
Scotland
shall
give
to
England
for
suppressing
of
the
Rebellion
in
Ireland
,
or
to
the
Prince
Elector
,
conforme
to
the
instructions
given
,
or
to
bee
given
to
them
for
that
effect
,
by
the
Lords
of
secret
Councell
,
to
whom
his
Maiesty
and
Estates
of
Parliament
remits
the
same
:
And
what
the
saids
Commissioners
their
treaties
with
the
saids
Commissioners
of
England
and
Ireland
,
resolves
and
concludes
upon
,
that
they
may
make
timous
and
due
report
thereof
to
his
Majesty
and
the
Estates
of
this
Kingdome
.
ACT
XXXII
.
COMMISSION
FOR
CONSERVING
OF
The
Articles
of
Treaty
.
16.
November
,
1641.
OUR
Soveraign
Lord
,
Considering
,
That
by
the
late
Articles
of
Treaty
,
concluded
betwixt
the
Commissioners
of
His
Majesties
Kingdome
of
Scotland
and
England
,
Ratified
by
Parliaments
of
both
Kingdoms
:
It
is
thought
fit
and
necessary
for
observing
the
saids
Articles
of
Treaty
,
made
for
establishing
a
firme
and
constant
peace
,
That
Power
and
Commission
be
granted
by
his
Majesty
,
by
advice
of
the
Estates
of
Parliament
of
both
Kingdoms
,
to
the
effect
contained
in
the
said
Articles
of
Treaty
,
for
performance
wherof
upon
the
part
of
His
Majesties
said
Kingdom
of
Scotland
,
His
Majestie
with
consent
of
the
Estates
of
the
said
Kingdome
by
thir
presents
,
Gives
and
grants
power
and
Commission
to
the
persons
after-specified
,
viz.
John
Lord
Lowdoun
Chancellour
,
James
Duke
of
Lennox
,
James
Marquesse
of
Hammiltoun
,
Archbald
Earle
of
Argyle
,
William
Earle
of
Mortoun
,
Alexander
Earle
of
Eglintoun
,
William
Earle
of
Glencairne
,
Charles
Earle
of
Dumfermling
,
Robert
Earl
of
Roxburgh
,
William
Earle
of
Lothian
,
John
Earle
of
Lauderdaill
,
George
Earle
of
Kynnowll
,
William
Earle
of
Lanerk
,
Alexander
Earle
of
Levin
,
John
Lord
Lindesay
,
John
Lord
Balmerino
,
James
Lord
Almond
,
Sir
Patrik
Hepburne
of
Wauchtoun
,
Sir
George
Dundas
of
that
ilk
,
Sir
Thomas
Myretoun
of
Cambo
,
Sir
Patrik
Hammiltoun
,
Sir
Thomas
Hope
of
Kerse
,
Sir
Robert
Innes
of
that
ilk
,
Sir
Archbald
Johnstoun
,
Sir
Alexander
Erskene
of
Dun
,
Sir
David
Home
of
Wedderburne
,
Sir
Robert
Griersone
of
Lag
,
Sir
William
Scot
of
Harden
,
Sir
Iohn
Charters
of
Amisfeild
,
_____
Ruthven
of
Frieland
,
_____
Campbell
of
Cessnok
,
Sir
David
Grahame
of
Morphie
,
Sir
Hary
Montgomrie
of
Giffen
,
Sir
William
Forbes
of
Craigievare
,
Sir
William
Douglas
of
Cavers
,
Edward
Edgar
,
Patrik
Bell
,
William
Glendoning
,
Iohn
Smith
,
Master
Robert
Barclay
,
Thomas
Durham
,
Iames
Fletcher
,
Patrik
Leslie
,
Thomas
Bruce
,
George
Bell
,
Iames
Sword
,
Iohn
Rutherford
,
Master
Iohn
Corser
,
Hugh
Kennedye
,
Iohn
Semple
,
Master
Robert
Cunyngham
,
Master
Alexander
Douglas
,
Richard
Maxwell
,
or
any
twelve
of
them
,
With
power
to
them
,
or
any
twelve
of
them
,
as
said
is
,
there
being
at
least
two
of
every
Estate
at
any
time
or
times
in
the
Interim
betwixt
the
sitting
of
the
Parliaments
,
To
conveene
amongst
themselves
,
or
with
the
Commissioners
chosen
,
or
to
be
chosen
to
the
same
effect
by
His
Majesty
,
with
consent
of
the
Parliament
of
England
,
within
which
is
included
the
Kingdome
of
Ireland
,
at
whatsoever
places
and
times
convenient
to
be
accorded
unto
amongst
themselves
,
And
to
be
carefull
,
that
the
peace
,
now
happily
concluded
,
may
be
continued
,
And
to
endeavour
by
all
lawfull
meanes
,
for
preserving
and
keeping
of
the
saids
Articles
of
peace
concluded
in
the
foresaid
Treaty
allanerly
,
And
therewith
to
use
all
their
care
to
preveen
all
trouble
and
division
which
may
arise
by
the
breaking
and
violating
of
any
of
the
saids
Articles
,
concluded
in
the
said
Treaty
,
as
said
is
:
And
if
any
debate
or
difference
shall
happen
to
arise
,
to
the
disturbance
of
the
said
common
peace
,
That
they
labour
to
remove
or
compose
the
famine
,
according
to
their
power
granted
to
them
in
manner
foresaid
,
and
no
other
wayes
:
It
being
alwaies
provided
,
That
for
all
their
proceedings
in
this
kinde
,
they
shall
be
answerable
for
the
lawfulnesse
thereof
to
the
Kings
Majesty
and
the
Parliament
respective
:
and
if
any
thing
fall
forth
beyond
their
power
,
and
which
cannot
be
remedied
by
them
,
that
they
informe
themselves
of
the
particulars
thereof
,
and
represent
the
same
to
his
Majesty
,
and
to
the
ensuing
Parliaments
respective
,
That
by
his
Majesties
wisedome
and
authority
,
and
theirs
,
all
occasions
and
causes
of
troubles
being
removed
,
the
peace
of
the
Kingdome
may
be
perpetuall
to
all
posterity
:
And
it
is
declared
,
that
the
power
of
this
Commission
shal
be
restrained
to
the
Articles
of
peace
,
concluded
in
the
said
Treaty
,
as
said
is
,
and
shall
endure
for
the
interim
betwixt
Parliaments
allanerly
,
and
shall
expire
at
the
next
ensuing
Parliament
,
at
the
which
the
said
Commissioners
shall
be
holden
,
to
give
an
account
of
their
diligence
and
proceeding
in
the
premisses
.
ACT
XXXIII
.
ACT
ANENT
THE
FIVE
INCENDIARIES
And
the
Plotters
,
And
the
Kings
declaration
there-anent
.
16
November
,
1641.
THe
Estates
of
Parliament
,
considering
that
whereas
albeit
John
Earle
of
Traquhair
,
Sir
Robert
Spottiswood
of
Donipace
knight
,
Sir
John
Hay
of
Baro
knight
,
late
Clerk
register
,
Doctor
Walter
Balcanquell
,
and
Mr.
John
Maxwell
somtime
,
pretended
Bishop
of
Rosse
,
are
cited
before
them
,
and
accused
as
guilty
of
divers
haynous
and
treasonable
crimes
perpetrated
and
committed
by
them
against
the
Common
wealth
,
contained
in
their
severall
ditties
,
which
they
have
just
reason
to
prosecute
:
Neverthelesse
the
saids
estates
of
Parliament
,
taking
into
their
consideration
his
Majesties
gracious
goodnesse
towards
this
his
native
kingdome
,
and
his
fatherly
care
and
wisedome
in
composing
of
all
past
differences
,
and
providing
for
the
future
,
to
the
great
joy
and
happinesse
of
all
his
Subjects
,
doe
in
retribution
thereof
,
with
an
unanimous
consent
to
testifie
their
high
respect
and
thankfulnesse
to
his
Majesty
,
and
that
his
Majesty
may
joyfully
returne
a
contented
prince
from
a
contented
people
,
to
the
setling
of
his
royall
affaires
in
his
other
dominions
,
beleeving
that
the
famine
will
be
acceptable
to
his
Majesty
,
and
conduceable
to
the
good
and
peace
of
the
kingdom
,
Declare
,
that
for
acquitting
themselves
of
their
oath
,
they
will
onely
proceed
to
the
exact
triall
of
the
saids
parties
by
a
committee
to
be
appointed
and
authorized
by
the
king
and
Parliament
,
in
respect
of
the
present
necessity
of
their
other
affaires
,
And
after
tryall
shall
be
taken
of
the
saids
persons
,
and
of
the
crimes
whereof
they
are
accused
,
the
Parliament
declares
,
that
they
will
not
proceed
to
a
finall
sentence
,
nor
insist
upon
the
punishment
of
those
persons
,
but
that
they
doe
for
the
reasons
foresaids
freely
remit
them
to
his
Majesty
.
The
Estates
of
Parliament
considering
,
that
whereas
albeit
James
Earle
of
Montrose
,
Archbald
Lord
Naper
,
Sir
George
Stirling
of
keir
knight
,
Sir
Archbald
Stewart
of
Black
hall
_____
are
cited
before
them
,
and
accused
as
guilty
of
diverse
crimes
&
misdemeanours
committed
by
them
,
to
the
just
offence
of
the
Estates
of
Parliament
,
and
derogatorie
to
the
great
trust
&
confidence
had
of
them
,
And
albeit
the
Parliament
have
just
reason
to
prosecute
their
processes
,
yet
neverthelesse
the
saids
Estates
of
Parliament
,
taking
into
their
consideration
his
Majesties
gracious
goodnesse
towards
this
his
native
Kingdom
,
and
fatherly
care
and
wisedome
in
composing
all
past
differences
,
and
providing
for
the
future
,
to
the
great
joy
and
happines
of
all
his
subjects
,
Do
in
retribution
thereof
,
with
an
unanimous
consent
,
to
testifie
their
high
respect
and
thankfulnesse
to
his
Majesty
,
and
that
his
Majesty
may
joyfully
returne
,
a
contented
prince
from
a
contented
people
,
to
the
setling
of
his
royall
affaires
in
his
other
dominions
,
beleeving
that
the
famine
will
be
acceptable
to
his
Majesty
,
and
conduceable
to
the
good
and
peace
of
the
kingdome
,
Declare
,
that
for
acquitting
themselves
of
their
oath
,
they
will
onely
proceed
to
the
exact
tryall
of
the
saids
parties
by
a
committee
to
be
appointed
and
authorized
by
the
King
and
Parliament
,
in
respect
of
the
present
necessity
of
their
other
affaires
,
and
after
triall
shall
be
taken
of
the
saids
persons
,
and
of
the
crimes
whereof
they
are
accused
,
The
Parliament
declares
,
that
they
will
not
proceed
to
a
finall
sentence
,
nor
insist
upon
the
punishment
of
the
saids
persons
,
but
that
they
doe
for
the
reasons
foresaids
freely
remit
them
to
his
Majesty
.
At
Edinburgh
the
sixteenth
day
of
November
,
the
yeare
of
God
1641
yeares
,
the
Parliament
having
expressed
their
respect
and
thankfulnesse
to
his
Majesty
,
by
remitting
unto
him
these
that
are
cited
as
Incendiaries
,
and
others
,
according
to
their
above
written
declaration
,
he
was
graciously
pleased
(
the
better
to
testifie
his
Princely
care
,
and
to
prevent
any
feares
that
may
be
conceived
from
the
medling
of
those
persons
in
the
affaires
of
State
or
Court
)
to
make
this
Declaration
following
:
I
Taking
in
good
part
the
respect
and
thankfulnesse
of
this
Parliament
,
in
remitting
to
me
these
who
are
cited
as
Incendiaries
,
and
others
,
according
to
their
Declarations
,
Doe
declare
,
that
I
will
not
imploy
any
of
these
persons
in
offices
or
places
of
Court
or
State
,
without
consent
of
Parliament
,
nor
grant
them
accesse
to
my
person
,
whereby
they
may
interrupt
or
disturb
the
firme
peace
which
is
now
so
happily
concluded
.
ACT
XXXIV
.
ACT
AND
COMMISSION
FOR
TRYING
The
Incendiaries
and
Plotters
.
16.
November
,
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
having
taken
to
consideration
,
That
in
the
Session
of
Parliament
conveened
by
his
Majesties
authoritie
upon
the
eleventh
day
of
June
1640.
yeares
,
full
power
and
warrant
was
given
and
granted
to
the
Preses
and
Quorum
of
the
Committee
of
Estates
therein
appointed
for
directing
,
in
the
Kings
Majesties
name
,
and
in
name
of
the
Estates
of
Parliament
,
summonds
and
precepts
to
the
Lyon
King
at
Armes
,
and
his
brethren
Heraulds
,
Pursevants
,
and
Maissars
,
to
warn
and
charge
the
persons
under
written
,
viz.
John
Earl
of
Traquaire
,
Sir
Robert
Spottiswood
of
Donipace
knight
,
Sir
John
Hay
of
Lands
,
late
Clerk
Register
,
Doctor
Walter
Balcanquell
,
and
Master
John
Maxwell
,
sometime
pretended
Bishop
of
Rosse
,
to
compeir
personally
before
the
Parliament
at
certaine
dayes
and
diets
by-gone
:
And
that
conforme
to
the
said
warrant
of
Parliament
,
summonds
were
raised
and
intended
at
the
instance
of
Sir
Thomas
Hope
of
Craighall
Knight
baronet
,
his
Majesties
Advocate
;
and
at
the
instance
of
Sir
Thomas
Nicolson
of
Carnock
,
Knight
Baronet
;
Masters
,
Roger
Mowat
,
Alexander
Peirson
,
James
Baird
,
and
Thomas
Nicolson
,
Procutors
of
the
Estate
,
to
compeire
before
the
Kings
Majesty
and
Estates
of
Parliament
at
certaine
dayes
and
diets
now
by-gone
,
to
answer
for
the
crimes
of
Treason
,
and
other
crimes
contained
in
the
said
summonds
and
precepts
,
of
the
date
the
_____
day
of
_____
yeares
.
And
als
our
Soveraigne
Lord
and
Estates
of
Parliament
,
considering
that
summonds
and
actions
are
depending
before
our
said
Soveraigne
Lord
and
the
Estates
of
this
present
Parliament
,
against
Iames
Earle
of
Montrose
,
Archbald
Lord
Naper
,
Sir
George
Stirling
of
Keir
,
Knight
,
Sir
Archbald
Stuart
of
Blakhall
_____
as
having
been
plotters
,
devisers
,
and
machinators
of
courses
against
the
publick
weale
,
and
as
having
been
the
committers
of
other
severall
crimes
and
forefaults
,
particularly
specified
and
contained
in
the
said
summonds
,
raised
and
depending
against
the
saids
Earle
of
Montrose
,
Lord
Naper
,
Lairds
of
Keir
,
and
Blakhall
_____
Before
the
Kings
Majestie
and
Estates
of
this
present
Parliament
of
the
date
the
_____
day
of
_____
1641.
years
,
as
the
famine
at
more
length
beares
,
Therefore
our
Soveraigne
Lord
and
the
Estates
of
this
present
Parliament
,
for
the
further
examination
and
tryall
of
the
persons
above
specified
their
guiltinesse
of
the
points
and
crimes
above
written
,
contained
in
the
summonds
particularly
and
respectively
above
mentioned
,
Gives
and
grants
by
thir
presents
full
power
,
authority
and
commission
to
the
persons
after
mentioned
,
viz.
Iohn
Lord
Lowdoun
Chancellour
,
John
Earle
of
Lauderdaill
,
_____
Earle
of
Weymes
,
Robert
Lord
Burghly
,
James
Lord
Couper
,
George
Lord
Forrester
,
Sir
Iohn
Hammiltoun
of
Preston
,
Sir
William
Cokburne
Lord
Langtoun
,
Harie
Montgomrie
of
Gifin
,
Sir
George
Dundas
of
that
ilk
,
Sir
Iohn
Wauchope
of
Nidrie
,
William
Rig
of
Ethernie
,
George
Bell
for
the
towne
of
Linlithgow
,
Thomas
Bruce
for
Stirling
,
Mr.
George
Gray
for
Hadingtoun
,
George
Gardine
for
Bruntiland
,
and
Robert
Cunnyngham
for
Kinghorne
,
James
Sword
for
Saint
Andrewes
,
and
Sir
Alexander
Gibson
of
Durie
,
and
Sir
Adam
Hepburne
of
Humbie
,
two
of
the
ordinary
Senators
of
the
Colledge
of
justice
,
or
to
any
Quorum
of
the
said
number
of
the
saids
persons
,
being
present
for
the
time
,
which
Quorum
shall
consist
of
nine
,
two
being
for
ilk
estate
,
by
the
saids
two
Judges
above
named
,
to
proceed
in
all
further
examination
of
the
points
of
the
saids
crimes
consisting
in
facto
:
And
that
by
examination
of
witnesses
,
and
by
writ
,
or
other
probation
competent
of
the
Law
against
so
many
of
the
saids
persons
as
are
not
compeiring
,
without
all
farther
citation
,
in
respect
of
their
absence
and
contumacie
:
And
als
to
call
and
conveene
before
them
the
foresaids
persons
above
rehearsed
in
the
said
summonds
particularly
and
respectively
above
written
,
so
many
of
them
as
are
incarcerate
,
before
them
,
at
such
dayes
and
diets
as
they
most
conveniently
shall
appoint
at
Edinburgh
the
fourth
day
of
January
next
to
come
,
which
is
appointed
to
be
the
first
diet
of
their
meeting
:
And
ordaines
these
who
are
incarcerate
to
be
cited
personally
,
and
these
who
are
out
of
the
Countrey
,
at
the
Mercat
Crosse
of
Edinburgh
,
Peire
and
Shore
of
Leith
,
To
answer
before
the
saids
persons
Commissioners
,
appointed
by
thir
presents
,
for
the
crymes
particularly
and
respective
contained
in
the
said
Summonds
above
written
,
to
the
effect
they
may
bee
further
examined
by
them
,
and
may
object
against
such
witnesses
as
shall
be
cited
to
compeire
to
depone
in
the
said
matter
,
With
full
power
and
Commission
to
the
saids
persons
,
or
Quorum
foresaid
,
to
proceed
in
the
cognition
and
tryall
of
the
crimes
particularly
and
respective
above
written
,
to
the
discussing
of
the
relevancie
of
the
Summonds
particularly
and
respective
above
written
,
and
to
the
receiving
of
all
lawfull
probation
in
the
saids
crimes
above
written
against
the
saids
persons
,
particularly
summond
,
as
is
above
written
:
And
to
that
effect
,
to
direct
their
Precepts
and
Summonds
for
summoning
of
witnesses
in
the
particular
crimes
respective
above
specified
,
under
the
paine
of
horning
,
and
generally
,
all
and
sundry
other
things
to
doe
for
the
exact
tryal
of
the
saids
persons
:
Providing
alwayes
,
that
the
saids
persons
Commissioners
,
as
is
above
specified
,
appoynted
by
thir
presents
,
shall
not
proceed
,
Like
as
our
Soveraign
Lord
and
Estates
of
Parliament
presently
conveened
,
by
thir
presents
discharges
the
saids
Commissioners
and
Quorum
foresaid
,
to
proceed
to
any
decision
in
the
said
poynts
or
crimes
,
or
to
pronounce
any
sentence
convictive
against
the
saids
persons
particularly
above
written
,
summoned
to
this
present
Parliament
particularly
and
respective
,
as
said
is
,
but
onely
that
the
Commissioners
foresaids
shall
doe
their
diligence
in
the
points
particularly
above
specified
,
committed
to
them
,
in
discussing
the
relevancie
of
the
said
Summonds
particularly
and
respective
above
written
,
and
in
receiving
all
legall
probation
thereupon
,
And
the
Commissioners
or
Quorum
foresaid
to
proceed
with
all
diligence
,
and
make
their
report
concerning
the
relevancie
,
and
how
farre
they
shall
find
the
same
proved
,
or
not
,
without
pronouncing
any
farther
sentence
against
them
,
or
any
of
them
,
and
that
they
finish
the
processe
and
tryall
before
the
first
day
of
March
next
to
come
.
ACT
XXXV
.
ACT
ANENT
THE
PASSING
FROM
These
who
are
cited
to
the
Parliament
as
unfriends
.
16.
November
,
1641.
THe
Estates
of
Parliament
,
Considering
that
whereas
there
are
divers
and
sundry
persons
indited
and
accused
before
this
Parliament
,
as
guilty
of
certain
crimes
committed
by
them
,
against
the
State
,
and
to
the
prejudice
of
the
peace
of
this
Kingdome
,
Neverthelesse
the
saids
Estates
of
Parliament
,
considering
that
by
Gods
mercy
and
providence
,
and
by
his
Majesties
great
wisedome
,
all
our
tempests
are
turned
into
the
calme
of
an
happie
peace
,
And
that
tryall
is
taken
anent
the
persuits
and
processes
for
which
the
saids
persons
are
cited
to
the
Parliament
,
Doe
hereby
,
out
of
their
respect
to
His
Majesty
,
to
whom
they
know
the
famine
will
be
acceptable
,
Declare
that
they
have
acquited
and
discharged
,
And
hereby
acquits
and
discharges
,
all
other
persons
,
cited
and
called
to
appeare
before
them
,
To
answer
for
whatsoever
crime
or
misdemeanour
committed
,
during
the
late
troubles
:
And
declares
the
Act
of
Pacification
and
Oblivion
,
and
benefite
thereof
,
to
be
extended
to
them
,
siclike
as
if
they
had
not
been
cited
before
this
present
Parliament
:
And
but
prejudice
alwayes
of
the
restitution
to
private
parties
,
conforme
to
the
said
Act
of
Pacification
contained
in
the
Treaty
,
And
of
all
lawfull
sentences
recovered
against
any
of
the
said
persons
,
before
the
Committee
of
Estates
:
And
declares
,
that
this
Act
doth
not
extend
to
the
Incendiaries
or
plotters
,
but
only
to
such
others
who
are
cited
to
the
Parliament
as
unfriends
.
ACT
XXXVI
ACT
FOR
SELLING
OF
YARNE
BY
WAIGHT
.
16.
November
,
1641.
OUR
Soveraign
Lord
and
Estates
presently
assembled
,
Understanding
how
necessar
and
convenient
it
is
,
that
all
yarn
be
bought
and
sold
by
weight
:
Therefore
Our
Soveraign
Lord
,
with
advice
and
consent
of
the
saids
Estates
,
Ratifies
and
approves
the
Acts
of
His
Majesties
Councell
,
Ordaining
the
same
to
be
sold
by
weight
,
in
all
the
heads
,
clauses
and
articles
thereof
,
dated
at
Halyrude-house
the
28.
of
July
,
1631.
years
,
and
ordaines
the
famine
to
stand
as
a
Law
,
and
to
take
effect
in
all
time
coming
.
ACT
XXXVII
.
ACT
ANENT
LINNEN
CLOTH
And
breadth
thereof
.
16.
November
1641.
OUr
Soveraign
Lord
and
Estates
presently
assembled
,
finding
that
linnen
cloth
is
become
one
of
the
prime
commodities
of
this
kingdome
,
whereby
many
peoare
put
to
worke
,
and
money
is
brought
within
the
same
,
which
partlie
through
the
deceit
used
by
the
bleitchers
,
in
lyming
thereof
,
and
partly
by
the
incertaintie
of
the
breadth
,
is
likely
to
come
in
contempt
abroad
,
to
the
great
prejudice
of
this
kingdome
:
Therefore
his
Majesty
,
with
consent
of
the
saids
Estates
,
Statutes
and
ordaines
that
no
makers
of
linnen
cloth
,
nor
no
others
whatsoever
,
present
to
market
,
or
other
wayes
,
make
or
sell
any
linnen
cloth
of
the
price
of
tenne
shillings
the
elne
or
above
,
of
lesse
breadth
then
an
elne
,
And
all
under
the
said
price
,
to
be
of
no
lesse
breadth
then
three
quarters
of
ane
elne
,
under
paine
of
confiscation
of
all
such
linnen
presented
to
marker
,
or
other
wayes
sold
,
which
shal
be
found
not
to
be
of
the
breadth
above-named
,
And
ordaines
the
magistrates
,
within
whose
bounds
and
jurisdictons
the
said
linnen
cloth
,
made
contrair
to
this
statute
,
shall
happen
to
come
,
to
confiscate
and
escheat
the
same
,
And
for
this
effect
,
to
search
all
the
markets
within
their
bounds
:
As
also
discharges
and
inhibites
all
our
Soveraigne
Lords
lieges
and
subjects
,
that
none
of
them
presume
nor
take
upon
hand
to
bleitch
any
cloth
with
lyme
,
under
paine
to
be
punished
in
their
persons
and
goods
at
the
will
of
the
Magistrate
,
within
whose
bounds
they
dwell
:
And
last
,
it
is
stature
and
ordained
,
that
all
linnen
cloth
shall
be
taken
up
by
the
selvedge
and
not
by
the
rig
,
and
so
to
be
presented
to
the
market
,
and
ordaines
the
sheriffe
of
the
shires
and
Magistrates
within
burgh
,
to
put
this
statute
to
execution
within
their
several
jurisdictions
.
ACT
XXXVIII
.
DIS
CHARGING
THE
IMPORTATION
Of
strong
waters
.
16.
November
1641.
OUr
Soveraigne
Lord
and
estates
of
Parliament
,
understanding
,
that
there
is
divers
strong
waters
brought
into
this
kingdome
from
forraign
places
,
which
might
be
more
conveniently
made
within
the
kingdome
,
to
the
benefite
of
the
natives
thereof
:
Therefore
his
Majesty
,
which
consent
of
the
saids
Estates
,
discharges
all
inbringing
of
aquavitie
or
strong
waters
,
within
this
Kingdome
,
under
the
paine
of
escheat
thereof
.
ACT
XXXIX
.
ACT
ANENT
THE
EXSISE
OF
Herring
.
16.
November
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
considering
that
his
Majesties
assise
of
all
Herrings
slain
within
the
Reid-head
,
and
Saint
Tobs-head
,
is
a
thousand
Herrings
forth
of
ilk
boat
,
ilk
dreave
that
holds
:
And
finding
the
collecting
of
these
Herrings
to
be
very
hard
and
difficile
,
have
thought
expedient
to
modifie
the
price
of
these
Herrings
,
and
convert
the
famine
thousand
Herrings
into
money
,
And
therefore
our
said
Soveraigne
Lord
,
with
the
advice
of
the
Estates
,
modifies
and
converts
the
price
of
the
said
one
thousand
Herrings
,
payable
for
assise
,
to
the
summe
of
six
pounds
money
of
this
Realme
,
and
declares
that
to
be
the
constant
price
thereof
in
time
comming
,
without
respect
of
deare
or
cheap
Herrings
:
And
because
the
fishers
residents
in
the
East
Seas
,
and
who
dwell
within
the
saids
bounds
,
on
the
North
and
South
side
of
Forth
and
Tay
,
by-west
the
Reid-head
,
and
Saint
Tobs-head
,
in
respect
of
the
great
hazard
and
danger
they
are
in
,
in
ventring
to
the
North
Iles
with
their
Ships
and
Barks
,
wherein
they
transport
two
Boats
or
Yolles
,
as
pendicles
of
the
saids
Ships
and
Barks
,
and
vehicles
for
their
use
and
the
better
accommodating
of
their
voyage
,
were
in
use
to
pay
only
the
summe
of
five
pound
in
satisfaction
of
the
assise
Herrings
,
ilk
Tack
that
holds
for
ilk
Ship
or
Barke
,
without
having
respect
to
Ship-boats
and
Yolles
,
which
are
onely
pendicles
,
and
vehicles
of
the
saids
Ships
and
Barkes
:
Therefore
his
Majesty
,
with
advice
of
the
Estates
,
being
certainly
perswaded
,
that
it
is
unpossible
to
the
saids
fishers
to
accomplish
their
voyages
,
unlesse
they
have
two
Ship-boats
or
Yolles
carried
in
the
saids
Ships
or
Barks
,
as
pendicles
and
vehicles
thereto
:
Declares
,
that
the
saids
fishers
,
are
and
shall
only
be
liable
in
the
said
summe
of
six
pounds
,
in
full
satisfaction
of
the
assise
in
the
North
Iles
,
for
ilk
Ship
or
Barke
,
ilk
Tack
that
holds
,
not
having
regard
of
the
saids
ship-boats
or
Yolles
,
there
being
but
two
Boats
to
ilk
ship
at
the
farthest
,
which
they
do
hereby
liberate
and
exeem
from
all
payment
of
any
dutie
:
And
discharges
all
our
Soveraigne
Lords
Lieges
for
exacting
or
uplifting
any
other
assise
from
the
saids
fishers
,
nor
the
particular
duties
above
specified
:
And
ordaines
the
collectors
thereof
to
uplift
the
same
legally
,
after
ilk
dreave
,
and
to
desist
from
troubling
the
fishers
during
the
time
thereof
.
ACT
XL.
ACT
ANENT
LOYALL
PACKING
OF
Salmond
.
16.
November
1641.
OUR
Soveraign
Lord
and
Estates
presently
assembled
,
Understanding
that
the
Salmond
fishings
are
one
of
the
principall
benefits
whereby
Trade
is
maintained
,
and
money
brought
in
the
Kingdom
,
and
that
through
the
evill
ordering
thereof
,
both
in
the
insufficiencie
of
the
Barrels
,
&
alse
in
the
disloyall
packing
of
the
same
,
not
onely
is
the
Merchants
estate
damnified
thereby
,
but
also
the
Nation
is
dishonoured
abroad
,
and
disappointed
of
what
should
returne
thereby
:
Therefore
Our
said
Soveraign
Lord
,
with
advice
and
consent
of
the
saids
Estates
,
Ordaines
an
act
to
be
made
,
Ratifying
and
approving
all
and
sundry
Acts
of
Parliament
,
Lawes
and
Constitutions
of
this
Realme
,
made
anent
Salmond
fishing
,
and
the
sufficiency
of
the
barrels
,
and
loyall
packing
thereof
,
With
this
addition
,
That
the
whole
Coupers
within
this
Kingdom
,
make
the
said
Salmond
Barrels
of
good
and
sufficient
new
Knappell
,
wherefore
he
shall
be
answerable
,
without
worme-holes
,
and
white
wood
of
sufficient
tichtnesse
,
for
containing
the
pickle
,
and
sufficient
tichtnesse
for
enduring
all
kind
of
stresse
in
the
handling
,
and
that
the
barrels
contain
no
lesse
then
ten
gallons
of
the
Stirling
pint
,
conforme
to
an
act
of
His
Majesties
Councell
,
of
the
date
at
Halyrude-house
,
the
fifteenth
day
of
July
1619.
yeares
,
which
His
Majesty
with
consent
foresaid
,
Ratifies
and
approves
in
all
the
heads
,
clauses
and
articles
thereof
,
to
be
ratified
in
this
present
Parliament
,
under
the
paine
of
five
pounds
to
be
payed
by
the
Couper
for
ilk
unsufficient
barrell
,
and
escheat
,
of
the
famine
barrell
,
and
that
the
famine
be
well
pyned
in
the
pickle
before
the
packing
thereof
,
and
thereafter
the
said
barrels
,
to
be
well
tichted
and
double
girted
,
before
the
transporting
thereof
to
forraign
Nations
.
And
that
no
barrell
be
sooner
made
and
blowne
,
but
the
Coupers
birne
be
set
thereon
,
on
the
tapone
staffe
thereof
,
in
testimony
of
the
sufficiency
of
the
tree
,
and
that
every
couper
be
answerable
and
lyable
in
payment
of
such
losses
as
happen
to
be
laid
on
the
fish
at
the
Market
,
if
it
be
found
to
be
in
the
default
of
the
Couper
,
by
the
insufficiency
of
the
tree
,
or
packing
,
or
any
other
meanes
in
the
Coupers
fault
,
and
that
they
keep
right
jedge
both
in
the
length
of
the
staves
,
the
bilge
girth
,
the
widenesse
of
the
head
,
and
deepnesse
of
the
chin
,
The
barrell
being
made
,
marked
,
and
thrice
gene
in
the
packing
,
shall
be
marked
with
the
marking
iron
,
under
a
very
particular
merchands
mark
,
as
use
is
,
and
that
no
burgh
,
or
any
other
trading
with
Salmond
,
shall
presume
to
counterfeit
the
mark
or
birne
of
Aberdene
,
under
the
paine
of
confiscation
of
the
Salmond
,
by
and
attour
the
punishment
of
the
parties
counterfeiters
,
at
the
pleasure
of
the
judge
ordinar
,
the
one
halfe
of
the
said
paine
to
pertaine
to
His
Majesty
,
and
the
other
halfe
to
the
burgh
so
wronged
:
And
ordaines
the
Magistrates
within
burgh
to
put
this
act
to
execution
.
ACT
XLI
.
ACT
ANENT
THE
KINGS
MAJESTIES
Rents
,
uplifted
by
warrant
of
the
Committee
of
Estates
for
the
publike
use
.
16.
November
,
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
Considering
that
during
the
time
of
the
late
troubles
of
this
Kingdome
,
there
were
some
of
his
Majesties
rents
,
customes
and
impost
,
uplifted
and
intrometted
with
,
for
serving
of
the
present
necessities
of
the
publike
affaires
of
this
Kingdome
,
by
warrant
of
the
late
Committee
of
Estates
,
and
by
other
publike
orders
,
and
that
there
were
sundry
by-gone
pensions
and
fees
due
to
diverse
of
His
Majesties
Pensioners
and
Servants
,
satisfied
and
payed
to
them
,
conforme
to
their
rights
and
pensions
by
order
of
the
late
Committee
of
Estates
,
residing
at
Edinburgh
:
And
His
Majesty
being
graciously
pleased
to
approve
and
allow
of
the
foresaids
intromissions
had
,
and
payment
made
in
manner
,
and
for
the
causes
above-written
,
Therefore
our
said
Soveraign
Lord
,
with
advice
and
consent
of
the
saids
Estates
of
Parliament
,
Ratifies
,
approves
and
dispenses
with
all
such
intromission
with
His
Majesties
rents
,
customes
and
impost
,
as
have
been
uplifted
,
payed
and
intrometted
with
,
preceding
the
twenty
ninth
day
of
June
last
by-past
,
for
the
uses
and
causes
foresaid
:
Together
with
the
payment
of
the
same
made
by
publike
order
,
as
said
is
:
And
declares
that
the
famine
payment
made
,
and
intromission
had
by
warrant
from
the
said
Committee
of
Estates
,
or
by
other
publike
orders
,
preceding
the
said
twenty
ninth
day
of
June
last
by-past
,
are
and
shall
be
sufficient
exoneration
to
the
payers
of
the
saids
rents
,
customes
and
impost
,
and
to
the
receivers
of
the
famine
,
by
vertue
of
the
saids
publike
orders
,
and
to
all
others
concerned
therein
,
like
as
the
discharges
upon
the
payment
thereof
by
publike
order
foresaid
,
shall
be
allowed
to
the
payers
of
the
same
,
in
the
accounts
of
their
intromission
,
with
his
Majesties
rents
,
customes
and
impost
foresaid
,
to
be
made
in
His
Majesties
exchequer
,
whereanent
thir
presents
shall
be
a
sufficient
warrant
to
all
that
are
concerned
therintill
,
and
to
the
Lords
and
Commissioners
of
His
Majesties
Exchequer
,
to
allow
and
defray
the
famine
in
the
saids
accounts
to
be
made
in
Exchequer
by
the
chalmerlands
,
intrometters
with
,
and
receivers
of
his
Majesties
rents
,
customes
and
impost
foresaid
,
and
ordaines
count
to
be
made
of
the
said
intromission
in
Exchequer
.
ACT
XLII
.
ACT
ANENT
THE
DISCHARGING
OF
Advocations
for
summes
within
an
hundred
pounds
.
16.
November
,
1641.
OUR
Soveraigne
Lord
and
Estates
presently
conveened
,
considering
the
manifold
prejudices
and
trouble
arising
to
divers
of
his
Majesties
Lieges
,
in
pursuing
of
matters
of
small
importance
,
by
the
too
frequent
granting
of
Advocations
from
inferiour
Judges
:
Therefore
our
said
Soveraigne
Lord
,
with
advice
and
consent
of
the
saids
Estates
,
discharges
the
Lords
of
Session
from
giving
and
granting
Letters
of
Advocation
of
any
actions
intended
or
to
be
intended
before
whatsoever
inferiour
Judicatories
,
which
may
competently
,
by
the
Lawes
of
the
Kingdome
,
be
decided
by
the
saids
inferiour
Judges
,
before
whom
the
said
action
is
or
shall
be
intended
,
for
summes
of
money
within
an
hundred
pounds
,
or
for
any
other
causes
,
whereunto
by
the
Lawes
of
the
Kingdome
the
saids
inferiour
Judges
are
appointed
Judges
.
ACT
XLIII
.
ACT
ANENT
THE
DIRECTING
OF
Cocquets
within
the
Regalitie
of
Saint
Andrewes
,
in
the
Kings
Majesties
Name
.
16.
November
,
1641.
OUR
Soveraigne
Lord
,
with
advice
and
consent
of
the
three
Estates
of
Parliament
,
statutes
and
ordaines
,
That
all
Cocquets
to
bee
given
forth
within
the
Regalitie
of
Saint
Andrewes
,
now
holden
of
the
Kings
Majestie
,
through
the
abolition
of
Bishops
,
be
directed
and
granted
by
John
Lord
Lindsay
,
and
his
Deputes
,
Cocquet-keepers
,
within
the
Regalitie
foresaid
,
in
all
time
comming
,
in
the
Kings
Majesties
name
,
whereas
the
famine
were
before
directed
in
name
of
the
Archbishop
of
Saint
Andrewes
.
ACT
XLIV
.
ACT
DISCHARGING
THE
TRANS.
Portation
of
Eggs.
16.
November
,
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
finde
that
it
is
necessary
and
expedient
,
for
the
good
of
the
publick
,
that
the
transporting
of
egges
out
of
this
Kingdome
be
restrained
,
in
respect
it
brings
not
any
considerable
moneyes
into
the
Countrey
,
no
wayes
comparable
to
the
losse
,
considering
the
diet
of
poore
labouring
servants
,
who
eate
only
bread
,
and
drinke
water
,
if
egges
were
restrained
,
might
be
bettered
,
by
getting
egges
to
his
meat
at
an
easie
rate
,
or
of
his
own
,
The
breed
of
Chickens
,
Hens
,
and
Capons
,
would
be
in
farre
greater
abundance
,
so
that
they
might
sell
at
two
pence
,
a
groat
,
and
six
pence
,
where
they
are
now
two
groats
,
twelve
pence
,
and
eighteen
pence
:
And
where
the
eggs
sell
now
at
fourtie
pennies
,
sometimes
a
groat
,
might
be
sold
for
twelve
pennies
,
or
eighteene
pennies
:
And
where
they
give
five
shillings
six
pence
where
the
salt
is
made
,
they
might
sell
their
dearest
for
a
two
pence
:
Therefore
to
grant
a
restraint
under
the
paine
of
confiscation
of
the
egges
,
and
an
hundred
pound
,
toties
quoties
,
to
be
incurred
by
the
party
transporter
,
to
be
proved
by
witnesses
,
or
oath
of
party
.
ACT
XLV
.
ACT
AGAINST
DESTROYERS
OF
Planting
,
and
others
.
16.
November
,
1641.
OUR
Soveraigne
Lord
,
and
Estates
of
Parliament
,
considering
that
Parks
and
Plantings
are
great
decorements
,
and
much
profitable
to
the
Kingdome
,
and
that
the
demolishing
and
down-casting
of
the
dikes
of
either
,
and
spoiling
of
the
ground
and
planting
inclosed
within
the
famine
,
by
these
who
are
evill
affected
to
policie
,
is
a
great
discouragement
to
many
who
are
vertuously
disposed
to
Parking
and
Planting
:
Therefore
his
Majesty
,
with
consent
of
the
Estates
,
discharges
all
hawkers
,
hunters
,
travellers
,
and
others
persons
whatsoever
,
to
whom
the
samine
Parking
and
Planting
doe
not
belong
,
from
demolishing
,
down-casting
,
climing
,
or
any
wayes
wronging
of
any
of
the
Dikes
foresaids
,
Parks
and
Planting
within
the
famine
,
under
the
paine
of
five
pounds
toties
quoties
:
Which
fines
,
his
Majestie
and
Estates
foresaids
declares
to
appertaine
to
the
owners
of
the
saids
Parks
and
Plantings
,
they
or
their
servants
deprehending
the
failers
:
And
if
any
other
deprehend
them
,
the
one
halfe
to
appertaine
to
the
deprehender
,
the
other
to
the
heritor
,
With
power
to
the
deprehender
to
pursue
the
contraveener
before
the
ordinar
Judge
:
And
if
it
shall
happen
the
heritors
own
tenant
to
contraveen
the
Act
foresaid
,
with
power
to
the
heritors
to
unlaw
them
at
their
own
pleasure
,
the
penalty
and
unlaw
alwayes
not
exceeding
the
pain
foresaid
.
ACT
XLVI
.
ACT
ORDAINING
THE
PURSUER
OF
The
thiefe
to
be
restored
to
his
owne
goods
.
16.
November
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
understanding
,
that
when
any
theeves
were
taken
and
executed
for
theft
,
or
declared
fugitives
for
not
entering
and
under-lying
the
law
,
therefore
their
whole
escheat
fell
to
the
Kings
Majestie
,
and
the
goods
stollen
,
pertaining
to
the
pursuer
of
the
saids
theeves
,
and
so
the
said
party
wronged
was
prejudged
of
his
owne
geir
:
Therefore
,
and
for
remeed
whereof
,
our
said
Soveraign
Lord
and
Estates
of
Parliament
statutes
and
ordaines
,
that
any
person
,
having
any
goods
or
geir
stollen
from
them
,
and
having
pursued
the
stealer
thereof
,
shall
have
their
owne
goods
againe
wherever
the
famine
can
be
apprehended
,
although
the
thiefe
stealer
thereof
suffer
:
And
where
the
saids
stollen
goods
cannot
be
had
,
ordaines
the
pursuers
of
the
said
thiefe
to
have
the
just
value
,
price
,
and
availe
of
the
goods
and
geir
stollen
from
him
,
out
of
the
readiest
of
the
theeves
goods
:
Together
with
the
expences
they
shall
wair
in
the
said
pursuit
,
the
pursuers
alwayes
pursuing
the
thiefe
,
usque
ad
sententiam
,
reserving
to
the
taker
and
Sheriffe
the
expences
bestowed
by
them
in
the
taking
and
execution
of
the
thiefe
.
ACT
XLVII
.
ACT
ANENT
COALE-HEWERS
.
16.
November
,
1641.
OUR
Soveraign
Lord
and
Estates
of
this
present
Parliament
,
ratifies
the
eleventh
Act
of
the
eighteenth
Parliament
of
King
James
the
sixth
of
worthy
memory
,
made
anent
Coale-hewers
and
Salters
,
with
this
addition
,
that
because
Water-men
who
laves
and
drawes
water
in
the
coale-heuch-head
in
this
Kingdome
,
and
gaits-men
who
worke
the
wayes
and
passages
in
the
saids
heuchs
,
are
als
necessar
to
the
owners
and
masters
of
the
said
coale-heuchs
as
the
coale-hewers
and
bearers
,
It
is
therefore
statute
and
ordained
,
that
no
person
shall
hyre
or
seduce
any
water-men
,
and
winds-men
,
and
gaits-men
without
a
testimoniall
of
the
master
whom
they
serve
,
under
the
pains
contained
in
the
former
Acts
in
all
points
:
And
because
it
is
found
by
experience
,
that
the
giving
of
great
fees
hath
beene
a
meane
and
way
to
seduce
and
bring
coale-hewers
from
their
masters
,
It
is
therefore
statute
and
ordained
,
that
it
shall
not
bee
lawfull
to
any
coale-masters
in
this
Kingdome
to
give
any
greater
fee
nor
the
summe
of
twenty
markes
in
fee
,
or
bounteth
,
under
any
colour
or
pretext
:
And
because
the
saids
coale-hewers
,
and
salters
,
and
others
workemen
in
coale-heuchs
within
this
Kingdome
,
doe
lye
from
their
worke
at
Pasch
,
Yule
,
Whitsunday
and
certaine
other
times
in
the
yeare
,
which
times
they
imploy
in
drinking
and
deboishrie
,
to
the
great
offence
of
God
,
and
prejudice
of
their
master
,
It
is
therefore
statute
and
ordained
,
that
the
saids
coale-hewers
and
salters
,
and
others
workemen
of
coale-heuchs
in
this
Kingdome
,
worke
all
the
six
dayes
of
the
weeke
,
under
the
pains
following
,
that
is
to
say
,
That
every
coale-hewer
or
salter
who
lyes
idle
,
shall
pay
twenty
shillings
for
every
day
,
by
and
attour
the
prejudice
sustained
by
their
master
,
and
other
punishment
of
their
bodies
.
ACT
XLVIII
.
ACT
DISCHARGING
THE
MIXING
OF
TIN
With
lead
.
16.
November
1641.
OUR
Soveraign
Lord
and
Estates
of
this
present
Parliament
,
considering
the
great
hurt
sustained
by
his
Majesties
Lieges
by
the
fraudulent
dealing
of
pewterers
,
in
mixing
the
finer
sort
of
tinne
brought
from
England
,
France
,
Flanders
,
and
other
parts
beyond
sea
,
with
baser
and
courser
mettall
of
tin
and
lead
,
&
their
exacting
greater
prices
betwixt
the
new
cassin
by
them
,
and
the
old
,
which
they
receive
from
the
lieges
:
For
remeed
wherof
,
it
is
statute
and
ordained
,
that
the
pewterer
or
founder
of
tin
shall
put
the
marke
of
the
thrissle
,
and
his
owne
name
upon
every
piece
of
worke
that
hee
happens
to
cast
,
and
that
the
same
shall
bee
of
the
finest
of
the
pewter
marked
with
the
rose
in
England
:
And
in
case
the
same
be
under
the
finesse
of
the
said
pewter
of
England
,
that
the
same
shall
bee
confiscate
,
and
hee
punished
in
his
person
at
the
discretion
of
the
Magistrates
of
the
Burgh
where
he
dwells
:
And
to
that
effect
,
that
there
bee
a
visitor
appoynted
by
the
Magistrates
for
trying
of
the
famine
:
As
likewise
that
he
shall
take
betwixt
the
pound
of
old
tinne
and
pewter
,
marked
with
the
rose
foresaid
which
he
receives
from
the
Lieges
,
and
the
pound
of
new
cassin
by
him
,
eighteene
pennies
allanerly
,
under
the
pain
foresaid
.
ACT
XLIX
.
ANENT
DOCQUETING
AND
PRESENTING
Of
Signators
.
16.
November
,
1641.
OUR
Soveraign
Lord
,
with
advice
and
consent
of
the
Estates
of
Parliament
,
Considering
that
by
the
twentieth
Act
of
his
Majesties
dearest
Father
King
James
the
sixth
his
tenth
Parliament
,
for
avoyding
the
prejudice
did
then
arise
by
the
subscribing
of
sundry
Signators
and
Letters
at
the
importunate
suite
and
desire
of
sundry
persons
,
His
Highnesse
not
being
informed
or
timely
warned
to
the
effect
and
contents
thereof
,
Therefore
his
Majesty
,
with
the
advice
of
the
Estates
conveened
in
Parliament
,
did
statute
and
ordaine
,
that
no
Signator
nor
Letter
whatsoever
shall
bee
presented
to
his
Majesty
in
time
coming
,
but
by
his
ordinary
officers
,
unto
whom
the
famine
properly
belongeth
,
or
who
have
power
of
docqueting
and
presenting
by
their
patents
,
as
the
Act
at
more
length
beareth
:
And
his
Majesty
,
with
advice
and
consent
foresaid
,
also
considering
how
prejudiciall
it
is
to
his
Majesties
honour
,
and
the
peace
and
good
of
his
Majesties
Subjects
,
That
Signators
of
one
and
the
same
thing
without
his
Majesties
certaine
knowledge
,
shall
passe
his
Majesties
hand
in
favours
of
severall
persons
,
or
that
Letters
of
contrary
tenours
shall
bee
signed
by
his
Majesty
,
and
directed
to
Officers
and
Judges
within
this
Kingdome
,
The
onely
occasion
thereof
is
,
that
others
then
the
said
Officers
,
or
their
Deputes
,
or
others
foresaid
,
to
whom
the
famine
may
belong
,
Takes
upon
them
to
present
Signators
and
Letters
to
his
Majesty
for
their
friends
and
acquaintance
,
either
not
knowing
the
former
Signator
or
Letters
of
contrary
straine
,
or
of
set
knowledge
to
reverse
what
hath
beene
done
before
,
without
giving
true
information
or
reasons
to
move
his
Majesty
to
signe
these
Signators
,
or
wrest
contrary
Letters
:
For
remeed
whereof
,
his
Majesty
,
with
advice
and
consent
foresaid
,
ratifies
and
approves
the
foresaid
Act
in
all
the
poynts
therof
,
and
declares
that
it
shall
not
bee
leisome
or
permitted
to
any
person
or
persons
whatsoever
,
to
present
any
Signator
,
Writ
,
Letters
,
or
Warrant
to
bee
signed
by
his
Majesty
,
except
by
the
saids
ordinary
Officers
,
unto
whose
Office
the
famine
properly
belongs
,
and
by
others
foresaids
,
having
power
and
warrant
,
as
said
is
:
And
that
his
Majesty
may
the
better
know
what
passeth
his
highnes
hand
,
and
upon
what
grounds
and
reasons
he
signes
the
famine
,
it
is
expedient
,
that
any
of
the
saids
officers
that
shall
present
any
signator
,
writ
,
letter
,
or
warrand
,
to
be
signed
by
his
Majesty
,
shall
cause
register
the
docquet
of
the
same
in
a
Register
,
and
send
the
just
and
authentike
double
thereof
,
subscribed
with
their
hand
,
to
his
Majesties
Secretary
,
who
shall
be
obliged
to
give
his
Majesty
notice
and
timous
warning
of
any
prior
deed
,
different
or
contrair
to
the
posterior
,
that
his
Majesty
may
either
refuse
the
same
,
or
specifie
his
Majesties
certaine
knowledge
for
passing
and
signing
thereof
.
ACT
L.
ACT
ANENT
THE
ELECTION
OF
The
President
of
Parliament
.
16.
November
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
considering
how
necessary
and
expedient
it
is
,
that
in
every
Parliament
to
be
holden
within
this
Kingdom
,
there
be
a
President
of
Parliament
chosen
by
his
Majesty
,
or
his
Commissioner
,
and
Estates
of
Parliament
,
to
proceed
in
all
matters
to
be
agitate
in
Parliament
,
Therefore
his
Majesty
,
with
advice
and
consent
foresaid
,
Statutes
and
ordaines
,
that
in
all
succeeding
parliaments
,
after
taking
of
the
oath
of
Parliament
by
all
the
members
thereof
,
they
shall
make
choice
of
the
Lord
Chauncellour
,
or
any
other
the
King
,
or
his
Commissioner
,
and
the
Estates
shall
appoint
,
to
be
President
of
Parliament
,
who
shall
remaine
and
continue
President
als
well
in
that
Parliament
wherein
he
is
chosen
,
as
in
the
next
Parliament
subsequent
,
untill
the
said
oath
be
taken
,
and
another
chosen
to
be
President
in
his
roome
.
ACT
LI.
ACT
ANENT
THE
SUPERIORITIE
OF
Lands
,
and
others
,
which
formerly
held
of
Bishops
and
their
Chapters
,
to
be
now
holden
of
the
King
.
16.
November
1641.
OUr
Soveraigne
Lord
and
Estates
of
Parliament
,
for
removing
all
doubts
and
questions
that
may
arise
anent
the
superiorities
of
these
lands
,
milnes
,
fishings
,
heritable
offices
,
and
others
which
held
of
the
late
pretended
Bishops
or
of
their
chapters
,
by
reason
of
the
abolishing
of
Bishops
and
chapters
foresaid
,
forth
of
this
Kirke
and
Kingdome
,
and
to
the
effect
the
subjects
and
vassals
of
these
holdings
may
be
put
in
assurance
here-anent
,
have
statute
,
ordained
,
and
declared
,
and
by
thir
presents
statutes
,
ordaines
and
declares
,
That
all
these
superiorities
which
formerly
pertained
to
the
saids
pretended
Bishops
and
their
chapters
,
now
abolished
,
as
said
is
,
doe
now
pertain
and
belong
,
and
shall
hereafter
pertain
to
our
Soveraign
Lord
,
&
His
Highnesse
Successours
in
all
time
coming
:
And
that
the
Vassals
of
these
Lands
,
Mils
,
Fishings
,
heritable
Offices
,
and
others
,
which
formerly
held
of
the
famine
Bishops
and
their
chapters
,
doe
now
,
and
shall
in
time
coming
hold
the
famine
of
our
Soveraign
Lord
the
Kings
Majesty
and
His
Successours
,
in
the
same
form
and
manner
of
holding
,
as
they
formerly
held
of
the
saids
Bishops
and
their
chapters
,
conform
to
the
saids
vassals
their
infestments
and
rights
,
made
and
pertaining
to
them
,
which
are
hereby
declared
to
be
unprejudged
by
the
abolishing
of
the
saids
Bishops
and
their
chapters
,
their
former
Superiours
:
And
siclike
,
Our
said
Soveraign
Lord
and
Estates
of
Parliament
declare
all
these
services
of
heires
to
their
defunct
predecessours
,
to
any
of
the
Lands
and
others
,
holden
of
the
saids
Bishops
(
since
the
excommunication
of
Bishops
,
)
whereby
these
heires
are
served
to
the
saids
Lands
to
be
holden
of
the
Kings
Majesty
,
to
be
vallid
and
lawfull
services
and
rights
led
and
done
:
And
ordaines
all
such
services
as
are
to
be
led
&
deduced
hereafter
,
for
serving
of
the
heires
of
the
vassals
of
the
lands
and
others
foresaids
,
as
heires
in
the
famine
lands
,
to
be
served
heires
thereintill
,
to
be
holden
of
the
Kings
Majesty
and
His
Successours
foresaids
,
as
their
superiours
of
the
famine
Lands
and
others
above
mentioned
,
in
all
time
coming
,
with
this
provision
,
that
the
few
duties
of
these
lands
holden
of
the
chapters
now
retained
in
titulo
,
shall
pertaine
and
be
payed
them
,
during
the
present
titulars
life-times
:
And
it
is
declared
,
that
this
present
act
shall
not
be
prejudiciall
to
the
infestment
granted
by
his
Majesty
to
the
Duke
of
Lennox
of
the
superiority
of
the
whole
Lands
and
Barronies
which
pertained
to
the
temporality
of
the
Arch-bishoprick
of
Glasgow
,
but
that
the
said
infestment
shall
stand
vallid
in
the
selfe
,
and
the
vassals
to
hold
their
Lands
of
the
said
Duke
of
Lennox
and
his
Successours
,
as
their
superiours
thereof
in
time
coming
:
And
also
declares
thir
presents
,
neither
act
nor
reservation
foresaid
,
shall
not
be
extended
to
the
Deanrie
or
Sub-deanrie
of
Glasgow
,
nor
nothing
holden
of
the
Dean
or
Sub-dean
:
As
also
but
prejudice
to
the
Earle
of
Lauderdaill
,
of
his
infestments
of
Stobo
and
Ettilstoun
,
which
is
no
wayes
prejudged
by
this
act
nor
reservation
foresaid
,
Providing
that
this
provision
shall
not
better
,
nor
strengthen
the
Earle
of
Lauderdails
right
and
infestment
foresaid
,
But
the
famine
to
be
in
that
famine
condition
,
as
before
the
date
of
thir
presents
.
ACT
LII
.
COMMISSION
FOR
REVISING
OF
The
Registers
.
16.
November
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
considering
that
this
long
time
by-gone
the
Registers
and
Records
of
Parliament
have
not
beene
visited
,
so
that
some
of
the
ancient
Records
might
have
been
abstracted
,
vitiate
,
or
disordered
:
Therefore
our
Soveraigne
Lord
and
Estates
foresaids
,
gives
full
power
and
Commission
to
the
persons
following
,
viz.
the
Lord
Chancellour
,
the
Earle
of
Argyle
,
Earle
of
Lauderdaill
,
and
Clerk
Register
,
to
meet
when
the
Lord
Chancellour
shall
appoint
To
take
inspection
,
and
revise
and
looke
over
all
the
whole
Registers
and
Records
of
Parliament
,
aswell
these
in
the
Castle
,
as
these
in
other
mens
custodie
,
and
to
call
for
the
old
Inventars
thereof
,
and
compare
them
with
the
Registers
,
and
to
make
two
new
authentick
Inventars
thereof
,
without
copying
of
the
saids
Registers
and
Records
:
Which
Inventars
shall
be
subscribed
by
the
most
part
of
the
visitors
,
the
one
whereof
shall
be
delivered
to
the
Clerk
Register
,
to
bee
kept
by
him
,
the
other
Inventar
shall
be
laid
up
,
either
with
their
Honours
,
or
some
other
lockfast
place
,
whereof
the
Lord
Chancellour
for
the
time
shall
keep
the
key
,
and
to
cause
make
presses
,
boxes
,
buists
,
or
other
necessaries
fitting
for
keeping
of
the
saids
Registers
and
Records
,
And
also
to
consider
of
the
place
and
house
where
the
saids
Registers
lie
,
and
to
advise
and
appoint
the
best
wayes
and
meanes
for
preserving
and
sure
custodie
of
the
saids
Registers
and
Records
,
With
power
also
to
them
to
mark
and
observe
any
defect
or
wants
in
the
saids
Registers
and
Records
,
and
the
vitiations
thereof
,
if
any
be
:
And
siclike
,
to
marke
,
number
,
and
put
in
perfect
order
,
the
saids
Registers
and
Records
,
with
power
also
to
make
a
perfect
Index
of
all
the
unprinted
Acts
of
Parliament
which
doe
not
concerne
particularly
private
persons
,
but
such
as
import
and
concerne
only
generally
the
whole
lieges
:
And
siclike
,
gives
full
power
to
the
persons
foresaids
to
lay
up
the
principall
late
Treatie
amongst
the
saids
Records
and
Registers
,
and
generally
to
doe
all
and
sundry
other
things
,
whereby
the
saids
Registers
and
Records
may
be
preserved
,
and
their
perfections
or
imperfections
may
be
notified
:
And
ordaines
them
to
make
report
of
their
faithfull
and
exact
diligence
hereintill
at
the
next
Parliament
.
And
our
Soveraigne
Lord
and
Estates
foresaid
,
declares
thir
presents
is
no
wayes
prejudiciall
to
the
Clerk
Register
of
receiving
,
keeping
,
and
using
of
the
saids
Registers
,
and
keyes
thereof
,
in
the
meane
time
conforme
to
his
right
and
place
.
ACT
LIII
.
ACT
ANENT
COCQUETS
,
AND
ENTRIES
of
Ships
,
modifying
the
entrie
to
23.
shillings
4.
pennies
,
and
the
Cocquet
to
40.
shillings
.
16.
November
,
1641.
OUR
Soveraigne
Lord
and
Estates
presently
conveened
,
understanding
there
are
divers
abuses
committed
by
the
Customers
and
Receivers
of
entries
of
Ships
,
and
by
the
keepers
of
the
Cocquet
,
in
sometime
exacting
from
Masters
of
Ships
greater
summes
of
money
than
is
due
to
them
,
and
sometimes
absenting
themselves
,
to
the
great
prejudice
of
the
Merchants
estate
,
and
to
the
hazard
of
the
losse
of
their
voyage
:
Therefore
our
Soveraigne
Lord
,
with
advice
and
consent
of
the
Estates
,
ordains
,
that
there
be
no
greater
price
exacted
for
entring
their
Ships
and
Goods
,
then
the
summe
of
twenty
three
shillings
foure
pennies
,
and
for
the
said
Cocquet
,
then
the
summe
of
fourty
shillings
:
and
that
the
keepers
of
the
said
Cocquet
attend
by
themselves
,
or
their
servants
,
diligently
and
readily
,
to
answer
and
give
out
Cocquets
to
all
Merchants
,
and
Masters
of
Ships
,
under
paine
of
losing
their
place
,
whensoever
they
shall
be
found
,
either
to
exact
more
then
the
said
summe
above
written
,
or
shall
occasion
to
the
saids
Merchants
and
Masters
more
delay
nor
is
needfull
for
writing
of
the
same
.
ACT
LIV.
ACT
ANENT
DISCHARGING
THE
Registration
of
comprisings
,
and
appointing
the
recording
and
allowing
of
comprisings
,
and
prices
thereof
.
16.
November
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
having
taken
to
their
consideration
,
that
the
registration
of
Comprisings
hath
put
the
lieges
to
great
,
needlesse
,
and
unnecessary
charges
and
expences
,
and
that
the
famine
doth
neither
adde
to
the
validity
of
the
Comprisings
,
nor
to
the
benefit
of
the
Comprisers
:
And
therefore
have
discharged
,
and
by
the
tenour
hereof
discharges
all
registration
of
Comprisings
,
together
with
all
gifts
,
Acts
of
Councell
,
and
others
warrants
,
consuetude
or
custome
whatsoever
,
granted
or
observed
thereanent
:
And
declares
,
that
the
famine
Gifts
,
Acts
of
Councell
,
and
others
warrants
,
consuetude
or
custome
,
to
be
null
and
of
none
availe
,
force
nor
effect
,
in
all
time
comming
.
And
siclike
,
our
Soveraign
Lord
and
Estates
of
Parliament
,
considering
,
that
a
short
Record
of
all
Comprisings
of
lands
and
rents
,
heritable
bands
,
contracts
,
reversions
,
and
others
,
and
legals
thereof
,
viz.
of
the
comprisers
names
and
designations
,
The
defenders
names
,
the
debt
for
the
which
the
comprising
is
used
,
the
lands
and
others
comprised
,
the
Maissers
and
Clerks
names
,
the
times
of
the
denunciations
and
executions
,
and
witnesses
thereto
,
and
date
of
the
comprisings
,
and
of
the
superiours
of
the
lands
comprised
,
is
very
necessar
for
the
Lieges
their
informations
:
Therefore
statutes
and
ordaines
,
that
all
comprisers
shall
be
obliged
to
bring
their
comprisings
to
the
clerk
of
the
Bils
,
within
threescore
dayes
after
the
date
of
the
comprisings
,
to
the
effect
that
the
famine
may
be
allowed
by
the
Lords
of
Councell
and
Session
,
At
the
which
time
,
ordaines
the
said
clerk
to
the
bils
,
to
make
a
record
of
the
saids
comprisings
in
a
book
,
wherein
all
comprisings
shall
be
recorded
in
manner
above
written
:
for
the
which
allowance
and
recording
of
the
said
comprising
in
manner
above-written
,
the
clerk
shall
have
forty
shillings
for
the
whole
record
of
ilk
comprising
and
allowance
:
And
siclike
for
the
extract
of
ilk
record
of
the
saids
comprisings
that
shall
be
extracted
under
the
said
clerk
his
hands
,
Our
Soveraign
Lord
and
Estates
ordaines
the
summe
of
twenty
shillings
for
every
extract
,
to
be
payed
to
the
said
clerk
of
the
bils
,
as
due
price
competent
to
him
therefore
,
Which
summe
,
the
said
clerk
shall
not
transcend
,
under
the
paines
contained
in
the
acts
of
Parliament
.
ACT
LV.
ACT
DISCHARGING
THE
LORDS
OF
Session
,
to
exact
twelve
pennies
for
the
pound
,
and
all
other
exactions
.
16.
November
1641.
OUr
Soveraign
Lord
,
with
advice
and
consent
of
the
Estates
of
Parliament
,
Considering
that
the
Senators
of
the
Colledge
of
Justice
,
are
sufficiently
provided
by
His
Majesty
and
Estates
,
for
serving
their
places
without
further
burden
of
the
Lieges
:
Therefore
His
Majesty
and
Estates
foresaids
,
discharges
in
all
time
comming
,
all
sentence
silver
,
twelve
pennies
of
the
pound
,
and
other
exactions
imposed
upon
sentences
and
decreets
to
be
pronounced
by
the
saids
Judges
:
And
discharges
all
Acts
,
Statutes
and
Ordinances
,
made
for
payment
thereof
:
With
power
alwayes
to
the
saids
Judges
,
to
modifie
such
charges
to
the
parties
in
whose
favours
the
saids
decreets
and
sentences
shall
be
pronounced
,
as
in
equity
and
conscience
they
shall
think
reasonable
,
and
as
the
malicious
and
wilfull
pleyars
,
pursuers
,
or
defenders
shall
deserve
.
ACT
LVI
.
ACT
ANENT
PARDON
OF
PENALL
Statutes
.
16.
November
,
1641.
OUR
Soveraign
Lord
considering
,
that
the
precise
and
rigorous
exaction
of
the
paine
arbitrary
and
pecuniall
adjected
to
penall
Statutes
heretofore
made
,
would
prove
a
burthen
to
his
Majesties
Lieges
,
heavie
,
and
insupportable
,
if
by
his
Majesties
Grace
and
Favour
they
should
not
bee
eased
and
liberate
of
the
same
:
In
consideration
whereof
,
his
Majesty
being
willing
to
give
ease
and
reliefe
to
his
Subjects
of
the
foresaid
burthen
,
Hath
therefore
been
graciously
pleased
,
with
consent
of
the
Estates
of
Parliament
,
to
discharge
freely
,
pardon
and
remit
,
and
by
these
presents
discharges
freely
,
pardons
,
and
remitts
all
contraveeners
of
any
of
the
said
penall
Statutes
,
for
all
deeds
done
by
them
,
contrary
to
the
tenour
of
the
same
Statutes
in
time
by-gone
,
Except
onely
the
Statutes
concerning
the
unlawfull
taking
of
usury
,
transporting
of
money
and
gold
,
slaying
of
red
and
blacke
fish
,
with
the
penalties
incurred
by
the
concealers
of
annuall
rents
,
and
wrongous
up-givers
of
the
inventars
of
their
money
,
which
are
no
wayes
discharged
by
this
present
Act
nor
comprehended
under
the
same
.
ACT
LVII
.
ACT
IN
FAVOURS
OF
ORPHANES
,
Fatherlesse
,
and
others
.
16.
November
1641.
OUR
Soveraign
Lord
,
with
the
advice
and
consent
of
the
Estates
of
this
present
Parliament
,
Understanding
many
pitifull
effects
daily
found
and
encreasing
,
Anent
the
misery
and
poverty
of
Orphanes
and
Fatherlesse
children
,
to
have
beene
occasioned
in
this
manner
,
That
many
ignorant
people
,
the
time
of
the
acquiring
to
them
of
bands
,
contracts
,
and
other
securities
for
payment
of
summes
of
money
,
takes
the
famine
to
them
,
their
herres
,
executors
,
and
assignes
,
with
clause
and
condition
of
payment
of
annuall
rent
therefore
during
the
not
payment
of
the
said
principall
summe
,
meaning
thereby
,
that
the
famine
should
no
wayes
remaine
unprofitable
during
the
not
payment
thereof
,
And
no
wayes
that
the
said
clause
or
condition
should
make
the
said
summes
and
securities
thereof
to
pertaine
to
the
heire
in
prejudice
of
their
bairnes
and
others
nearest
of
kinne
by
the
heire
,
whereas
by
the
contrary
by
the
interpretation
now
observed
,
all
such
summes
and
securities
bearing
annuall
or
profit
,
are
exponed
to
bee
heretable
after
the
terme
of
payment
,
and
to
pertain
to
the
heire
,
so
that
thereby
the
rest
of
the
children
nearest
of
kinne
,
and
others
having
interest
,
are
altogether
therefrom
secluded
,
and
left
pitifully
unprovided
of
any
meanes
to
live
on
,
As
also
the
saids
bands
and
contracts
,
are
very
oft
fraudfully
concealed
and
abstracted
,
and
never
knowne
to
the
true
owner
thereof
,
that
in
due
time
they
might
make
use
of
the
same
,
Which
is
against
both
equity
and
conscience
,
and
the
intention
of
the
party
acquirer
of
the
saids
securities
,
whereby
great
number
of
orphanes
,
fatherlesse
children
and
others
that
are
so
prejudged
of
that
s
due
to
them
,
eitherby
their
naturall
portion
or
otherwayes
adebted
,
are
brought
to
great
poverty
,
and
misery
,
and
forced
to
become
beggars
,
which
is
oft
found
by
pitifull
experience
.
For
remeed
whereof
,
our
said
Soveraigne
Lord
,
with
advice
of
the
saids
Estates
,
statutes
and
ordaines
,
That
all
contracts
,
or
bands
,
for
summes
of
money
payable
to
parties
,
with
condition
of
payment
of
annuall-rent
or
profit
made
at
any
time
hereafter
,
shal
be
holden
,
and
estimate
,
to
pertaine
to
the
bairnes
and
nearest
of
kinne
to
the
defunct
,
except
seasing
follow
thereupon
in
the
life
time
of
the
creditor
acquirer
thereof
,
or
that
by
the
tenour
of
the
band
or
contract
,
the
famine
be
conceived
to
be
payable
to
the
heires
and
assigns
,
secluding
the
executors
,
or
other
waies
that
the
said
band
or
contract
bear
per
expressum
,
oblishment
to
infest
,
in
either
of
the
which
excepted
cases
ordaines
the
saids
summes
to
be
heretable
,
and
pertaine
to
the
heir
,
and
out
with
the
saids
excepted
cases
,
ordaines
the
said
sums
to
be
confirmed
by
the
executor
without
payment
of
any
quote
for
the
famine
,
And
that
to
the
end
the
nearest
of
kinne
and
others
having
interest
,
as
said
is
,
be
no
wayes
frustrate
of
what
may
be
due
to
them
,
nor
yet
the
said
bands
or
contracts
fraudfully
concealed
and
abstracted
from
them
,
every
one
of
them
for
their
owne
parts
,
Providing
alwayes
that
by
vertue
of
this
present
act
,
The
bands
or
contracts
hereby
ordained
to
pertaine
to
the
nearest
of
kinne
to
the
defunct
,
and
to
be
confirmed
,
shall
not
fall
under
the
compasse
of
escheat
,
nor
yet
any
part
thereof
pertaine
to
the
relick
jure
relictae
,
But
shall
remaine
in
the
owne
nature
quo
ad
siscum
et
relictam
,
as
they
were
before
the
making
of
this
act
.
ACT
LVIII
ACT
ON
FAVOURS
OF
THE
VASSALS
Of
ward
Lands
,
holding
of
the
King
and
Prince
.
16.
November
,
1641.
OUr
Soveraign
Lord
and
Estates
of
Parliament
,
Taking
to
consideration
the
bounty
and
benevolence
of
his
Majesties
most
noble
progenitors
,
King
James
the
2.
and
King
James
the
4.
in
giving
their
vassalls
Liberty
to
set
their
ward
lands
few
,
and
herewith
also
remembring
that
by
the
16.
act
of
his
Majesties
first
parliament
,
anno
1633.
his
Majesty
and
the
prince
his
highnes
their
vassals
of
ward
lands
,
are
altogether
secluded
from
that
benefit
of
his
Majesties
bounty
and
benevolence
foresaid
,
which
prejudice
is
by
the
37.
act
of
the
session
of
this
present
parliament
holden
in
June
,
1640.
yeares
,
recommended
to
be
considered
at
the
next
meeting
thereafter
of
the
said
parliament
,
and
during
that
interim
the
force
and
execution
of
the
said
act
1633.
is
suspended
and
suppressed
,
And
now
his
Majesty
being
gratiously
pleased
of
his
royall
favour
and
bounty
that
the
vassalls
of
ward
lands
holding
of
his
sacred
Majesty
and
of
the
Prince
his
highnesse
,
may
enjoy
their
former
libertie
,
with
the
benefite
of
his
Majestie
and
his
most
noble
progenitors
their
bounty
and
benevolence
foresaid
,
unprejudged
or
empared
by
foresaid
act
,
1633.
Therefore
our
said
Soveraigne
Lord
and
Estates
of
Parliament
rescinds
and
annulls
the
foresaid
16.
Act
of
his
Majesties
first
Parliament
,
in
anno
1633.
yeares
,
intitulate
,
Anent
vassals
holding
ward
,
And
declares
the
famine
Act
to
be
null
,
of
none
availe
,
force
,
strength
,
nor
effect
in
all
time
coming
,
in
so
farre
as
the
famine
Act
is
,
or
may
bee
extended
to
the
lands
holden
ward
of
the
King
or
Prince
,
as
said
is
:
And
declares
the
vassals
of
the
ward
lands
foresaids
,
and
others
his
Majesties
Lieges
and
Subjects
,
to
bee
in
that
same
estate
and
condition
,
and
have
the
same
libertie
concerning
ward
lands
,
which
they
had
before
the
making
of
the
said
Act
,
and
as
if
the
famine
had
never
beene
made
,
Which
our
said
Soveraign
Lord
&
Estates
of
Parliament
declares
to
be
extinct
,
and
of
none
availe
,
force
,
nor
effect
in
all
time
hereafter
.
ACT
LIX
.
ANENT
THE
BREADTH
OF
PLAIDING
.
16.
November
,
1641.
WHereas
our
Soveraign
Lord
and
Estates
presently
assembled
,
understanding
that
the
plaiding
of
this
Kingdom
is
one
of
the
most
ancient
&
prime
commodities
thereof
,
which
of
late
through
the
inconstancy
of
the
breadth
,
is
likely
to
become
of
no
estimation
abroade
.
Therefore
our
Soveraign
Lord
,
with
advice
of
the
said
Estates
,
ordains
the
makers
thereof
to
make
the
same
of
no
lesse
breadth
then
of
three
quarters
of
an
elne
,
under
pain
of
confiscation
of
all
that
shal
be
found
of
a
lesser
breadth
,
And
farther
,
understanding
that
the
Lords
of
his
Majesties
Councell
had
,
for
eschewing
of
the
deceit
in
making
thereof
,
ordained
the
same
to
bee
presented
in
Folds
and
not
in
Rols
to
the
market
,
as
it
was
used
of
before
,
Therefore
his
Majesty
,
with
consent
and
advice
foresaid
,
ratifies
and
approves
the
said
Act
of
Councell
dated
at
Edinburgh
the
twentie
fourth
day
of
March
,
1635.
yeeres
,
in
all
the
heads
,
clauses
,
and
circumstances
thereof
,
and
ordaines
the
same
to
takefull
execution
,
and
to
stand
as
a
law
in
all
time
coming
.
ACT
LX.
ACT
IN
FAVOURS
OF
LAICK
PATRONES
Of
Provestries
,
Prebandries
,
Chaplandries
and
Alterages
.
16.
November
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
Ratifies
and
approves
the
Act
of
Parliament
made
by
King
James
the
sixt
His
Majesties
Father
of
eternall
memory
,
Par.
1.
cap.
12.
anent
Provestries
,
Prebandries
,
Alterages
,
Chaplandries
and
collegiall
Kirks
,
pertaining
to
laick
Patrones
,
together
with
the
act
of
Parliament
12.
cap.
158.
ratifying
the
famine
,
and
ordaines
the
said
acts
to
have
full
force
and
effect
in
all
time
comming
,
With
this
declaration
alwayes
,
that
in
respect
the
vassals
which
held
lands
of
the
saids
Provests
,
Prebanders
,
and
others
foresaids
,
are
put
to
a
great
uncertainty
of
their
Superiours
,
it
not
being
knowne
to
them
,
who
are
provided
to
the
saids
Provestries
,
Prebandries
,
Chaplandries
,
Alterages
,
and
others
foresaids
,
by
reason
there
is
no
publike
Register
,
to
the
which
they
may
have
recourse
for
knowledge
and
notice
thereof
,
and
that
the
farthest
that
they
can
know
by
any
registers
,
is
the
infeftments
and
seasings
made
to
these
who
are
laick
Patrons
holding
of
His
Majestie
:
Therefore
for
securing
of
the
vassals
,
who
hold
Lands
,
Mils
,
Fishings
,
Tenements
,
annual
rents
of
others
whatsoever
of
the
saids
Provestries
,
Prebandries
of
collegiall
Kirks
,
or
of
Chaplandries
,
Alterages
and
others
of
that
nature
,
at
any
time
of
before
:
It
is
Stature
and
ordained
that
the
entry
of
the
saids
vassals
by
retour
precept
of
clare
constat
,
resignation
,
comprysing
,
or
other
wayes
whatsoever
,
shall
pertaine
to
the
laick
Patrones
and
their
successours
,
who
stands
infest
in
the
said
laick
patronages
holding
immediately
of
His
Majesty
,
and
that
the
entrie
of
the
vassals
by
them
,
shall
be
als
vallid
and
sufficient
to
the
saids
vassals
receivers
thereof
,
as
if
they
were
entered
by
the
Titulars
of
the
saids
Provestries
,
Prebandries
,
Alterages
,
Chaplandries
,
and
others
foresaids
,
and
that
the
said
laick
Patrons
shall
be
in
all
time
comming
in
their
places
as
superiour
to
the
said
vassals
,
and
to
have
the
same
power
,
to
give
infeftments
to
his
Majesties
Subjects
upon
retour
,
or
by
precept
of
clare
constat
,
or
by
resignation
,
comprising
,
or
any
other
manner
of
way
,
with
gifts
de
novo
damus
,
and
that
without
consent
of
persons
,
provided
,
or
to
be
provided
to
the
saids
Provestries
and
Prebandries
of
collegiall
Kirks
,
Alterages
,
Chaplandries
,
or
others
titulars
of
collegiall
Kirks
,
and
alse
without
consent
of
the
chapter
or
convent
of
the
said
Prebandries
therof
,
or
most
part
of
the
same
,
which
of
before
was
in
use
and
custome
,
whereanent
and
anent
all
acts
in
the
contrair
his
Majesty
with
consent
foresaid
,
dispences
for
ever
,
reserving
alwayes
to
the
titulars
of
the
saids
Provestries
,
Prebandries
,
Alterages
,
Chaplandries
,
and
others
foresaids
,
the
fruits
,
rents
,
and
emoluments
of
the
saids
Provestries
,
Prebandries
and
others
foresaids
,
which
are
no
wayes
prejudged
by
this
present
Act.
It
is
hereby
father
statute
and
ordained
,
where
there
is
any
Prebandries
,
Chaplandries
,
Alterages
,
or
others
foundations
of
that
nature
above
mentioned
,
founded
and
situate
within
any
burgh
royall
of
this
Kingdome
,
that
the
Provest
,
Bayliffes
,
and
Councell
of
that
Burgh
where
the
famine
are
founded
,
are
and
shall
be
in
all
time
comming
only
indoubted
Superiours
,
by
whom
,
and
by
no
others
,
the
vassals
and
tenants
,
enter
in
manner
above
specified
,
the
Provest
and
Bayliffes
being
alwayes
Patrons
.
ACT
LXI
.
ACT
DISCHARGING
QUOTES
OF
Testaments
.
16.
November
1641.
OUR
Soveraign
Lord
,
with
advice
and
consent
of
the
Estates
of
Parliament
,
taking
to
consideration
the
great
burden
,
hurt
,
and
prejudice
his
Majesties
lieges
have
sustained
thir
many
years
by-gone
,
by
exacting
of
great
quote
the
time
of
the
confirmation
of
the
defuncts
Testaments
,
to
the
wasting
and
consuming
of
the
means
and
estates
of
Minors
in
speciall
,
and
to
the
generall
grievance
of
persons
of
all
sorts
:
Therefore
our
Soveraign
Lord
,
with
consent
foresaid
,
out
of
his
Highnesse
gracious
care
,
and
fatherly
affection
to
the
weal
and
ease
of
all
his
Majesties
subjects
,
statutes
and
ordains
,
that
no
quote
shall
hereafter
be
payd
by
any
of
his
Majesties
subjects
,
for
any
Testament
of
whatsoever
qualitie
,
to
be
confirmed
by
them
:
And
for
that
effect
discharges
all
Commissars
,
Commissars
Clerks
,
Fischals
,
and
others
whom
it
effeirs
,
not
to
exact
nor
uplift
any
quote
,
for
whatsoever
Testament
to
be
confirmed
hereafter
,
the
party
confirmer
paying
allanerly
the
other
ordinar
dues
as
appertaine
.
ACT
LXII
.
COMMISSION
FOR
REGULATING
OF
Commissariates
.
16.
November
,
1641.
OUr
Soveraign
Lord
,
with
advice
and
consent
of
the
Estates
of
Parliament
,
hath
given
and
granted
,
and
by
the
tenour
hereof
gives
and
grants
full
power
and
Commission
to
these
persons
,
who
shall
be
nominate
by
the
Lords
of
secret
Councell
,
to
whom
his
Majestie
and
Estates
of
Parliament
remits
and
refers
the
nomination
of
the
Commissioners
to
the
effect
after
specified
,
or
any
five
of
the
saids
Commissioners
,
to
be
nominate
by
the
saids
Lords
of
Secret
Councell
,
as
said
is
,
for
ordering
the
Commissars
jurisdiction
,
and
clearing
the
bounds
and
limits
thereof
,
that
there
be
no
occasion
of
question
betwixt
them
and
other
inferiour
Judges
,
with
power
to
the
saids
Commissioners
to
regulate
their
judicatories
,
and
set
down
prices
upon
the
Seales
,
Testaments
,
Summonds
,
Acts
,
Decreets
,
and
all
other
Writs
concerning
that
Office
,
to
be
taken
by
Commissars
,
their
Clerk
,
or
Procutor
Fischall
,
all
quotes
of
Testaments
being
specially
discharged
to
be
exacted
in
any
time
comming
,
and
to
settle
and
establish
the
fees
of
the
Commissars
of
Edinburgh
:
and
for
that
effect
to
meet
and
conveen
at
Edinburgh
the
_____
day
of
_____
with
power
to
them
to
appoint
diets
as
oft
as
they
shall
think
fit
,
untill
the
said
Commission
take
effect
anent
the
particulars
foresaid
:
And
whatsoever
the
saids
Commissioners
,
or
their
Quorum
,
shal
determine
and
conclude
thereanent
,
our
Soveraign
Lord
,
with
advice
foresaid
,
ratifies
and
approves
,
and
ordains
the
same
to
have
the
strength
,
force
,
and
authoritie
of
an
Act
of
Parliament
.
ACT
LXIII
.
ACT
DISCHARGING
MONOPOLIES
.
16.
November
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
considering
the
great
hurt
and
prejudice
sustained
by
sundry
his
Majesties
lieges
,
by
the
Monopolies
used
and
exacted
within
this
Kingdome
,
and
which
have
beene
conferred
to
the
use
of
any
particular
person
or
persons
,
to
the
great
hurt
and
prejudice
of
others
his
Majesties
lieges
,
and
specially
the
gift
for
selling
Tobacco
,
granted
to
Sir
James
Lesley
,
and
Thomas
Dalmahoy
,
the
Patent
of
the
Lether
granted
to
the
Earle
of
Marre
,
the
Patent
of
Pearling
granted
to
_____
Bannatine
,
the
Patent
of
Pearle
granted
to
Robert
Buchane
,
the
Patent
of
Armorie
granted
to
Harrie
Mauld
,
Therefore
our
Soveraign
Lord
and
Estates
of
Parliament
,
by
the
tenour
hereof
annuls
,
rescinds
,
and
simply
discharges
the
particular
gifts
foresaids
,
granted
to
the
persons
above
written
,
and
all
that
may
follow
,
or
hath
followed
thereupon
,
And
ordains
the
same
and
all
other
Patents
of
that
nature
,
purchast
or
to
be
purchast
for
the
benefit
of
particular
persons
,
in
prejudice
of
the
publick
,
to
cease
and
be
ineffectuall
in
all
time
comming
.
ACT
LXIV
.
COMMISSION
FOR
MANUFACTORIES
.
16.
November
,
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
considering
how
necessary
,
expedient
,
and
profitable
the
erecting
and
maintaining
of
Manufactories
will
be
for
this
kingdome
,
as
well
in
keeping
great
quantities
of
money
within
the
same
,
which
is
now
daily
exported
for
wrought
commodities
,
as
in
setting
poore
ones
on
worke
,
restraining
of
idle
beggars
,
increase
of
vertue
,
and
bringing
of
moneyes
into
the
Countrey
:
And
this
being
a
matter
of
so
great
goodnesse
,
wished
by
every
man
,
and
oft
times
aymed
at
,
to
be
brought
to
some
perfection
,
as
witnesse
many
severall
acts
of
Parliament
,
acts
of
Convention
and
Councell
,
especially
King
James
the
sixth
his
seventh
Parliament
,
cap.
113.
Item
King
James
6.
his
15.
Parliament
,
cap.
250.
and
252.
Item
the
acts
of
Councell
,
May
1597.
July
1600.
November
1601.
December
1601.
May
1612.
Octob.
1614.
August
1616.
July
1620.
Feb.
1623.
July
1623.
Item
the
acts
of
Convention
,
June
1605.
November
1625.
August
1626.
yet
the
famine
hath
not
as
yet
made
any
considerable
progresse
,
for
want
of
cherishing
,
entertainment
,
and
right
order
for
prosecution
thereof
:
In
consideration
whereof
,
His
Majesty
and
Estates
of
Parliament
,
being
resolved
to
use
all
ordinar
meanes
for
erecting
,
cherishing
,
and
maintaining
of
Manufactories
within
this
Kingdome
,
And
His
Majesty
,
with
advice
and
consent
foresaid
,
being
graciously
pleased
to
grant
all
Liberties
,
Priviledges
and
Immunities
to
the
erectors
thereof
,
Therefore
His
Majesty
and
Estates
foresaid
,
gives
,
grants
and
commits
to
these
persons
,
or
Quorum
thereof
,
who
shall
be
nominate
by
the
Lords
of
secret
Councell
,
(
to
whom
the
Kings
Majesty
and
Parliament
hereby
gives
the
nomination
of
the
saids
Commissioners
,
and
Quorum
thereof
foresaid
,
to
the
effect
after
specified
,
)
full
power
,
warrant
and
commission
,
to
meet
and
conveen
at
Edinburgh
,
or
any
other
place
or
places
,
at
such
dayes
and
times
they
or
the
said
Quorum
shall
think
fitting
,
and
there
to
consult
,
advise
and
determine
upon
the
best
rules
,
overtures
and
propositions
,
and
wayes
for
erecting
and
maintaining
of
the
saids
manufactories
of
all
sorts
:
With
power
to
them
,
or
the
said
Quorum
To
call
and
conveen
before
and
with
them
,
any
person
or
persons
who
can
give
them
information
or
assistance
in
the
saids
businesses
:
As
also
with
power
to
them
,
or
their
said
Quorum
to
appoint
correction-houses
in
such
parts
of
the
Kingdome
,
as
they
shall
think
most
conduceable
for
the
good
of
the
saids
Manufactories
,
and
restraint
of
idle
and
masterlesse
beggars
:
As
also
with
power
to
them
to
prescribe
rules
and
wayes
for
assisting
,
supplying
,
and
maintaining
of
these
who
have
already
,
or
shall
,
during
the
time
of
this
Commission
,
erect
and
entertaine
any
of
the
saids
Manufactories
,
and
to
direct
letters
against
masterlesse
people
,
and
their
receptars
,
as
well
to
burgh
as
land-ward
,
commanding
them
to
worke
at
such
reasonable
rates
,
as
the
said
Commissioners
,
or
Quorum
thereof
,
shall
appoint
:
With
power
likewise
to
them
to
make
Corporations
,
and
to
grant
them
priviledges
,
conforme
to
the
lawes
of
the
Kingdome
.
And
sicklike
,
his
Majesty
,
with
advice
foresaid
,
out
of
his
gracious
favour
and
bountie
,
doth
hereby
,
for
the
better
encouragement
to
all
these
who
have
undertaken
,
or
shall
undertake
the
erecting
and
maintaining
of
the
saids
Manufactories
,
or
any
one
thereof
,
gives
and
grants
to
them
the
priviledges
and
immunities
following
,
viz.
all
Spanish
and
forraigne
fine
wool
,
for
making
of
fine
cloth
,
shall
be
custome
free
:
Item
,
all
litster
ware
,
oyle
,
and
others
necessaries
for
the
use
of
the
saids
workes
allanerly
,
shall
be
free
of
all
Customes
and
Impost
:
Item
,
all
parcels
of
cloth
,
Seyes
,
and
others
,
made
by
any
who
have
erected
,
or
shall
erect
any
of
the
saids
works
,
shall
be
Custome
and
Impost
free
for
the
space
of
fifteene
yeares
after
the
erecting
thereof
:
Item
,
the
workers
of
the
saids
works
erected
,
or
to
be
erected
,
shall
be
free
of
any
taxation
or
imposition
to
be
imposed
on
the
Kingdome
for
any
occasion
by-gone
or
to
come
:
Item
,
it
shall
not
bee
leasome
to
any
in
the
Kingdome
to
hire
,
reset
,
or
entertain
any
of
the
servants
of
the
said
works
,
without
consent
of
the
Masters
thereof
.
ACT
LXV
.
COMMISSION
BY
THE
KING
AND
Parliament
,
to
the
Lords
of
secret
Councell
.
16.
November
,
1641.
OUr
Soveraign
Lord
,
with
advice
and
consent
of
the
Estates
of
Parliament
,
Considering
that
his
Majestie
being
now
actually
present
in
his
royall
person
in
this
his
native
and
ancient
Kingdom
,
and
willing
before
his
returne
to
England
(
where
his
Majesties
more
ordinat
residence
hath
been
heretofore
,
and
will
apparently
be
in
time
coming
)
to
leave
behind
him
such
a
pledge
and
testimony
of
his
tender
respect
,
royall
care
,
and
fatherly
affection
for
establishing
the
good
and
happie
governement
of
this
his
Majesties
ancient
Kingdome
,
as
in
some
measure
may
supply
the
want
of
his
royall
presence
amongst
them
,
Hath
to
this
effect
,
out
of
his
native
goodnesse
,
condescended
to
an
Act
made
in
this
present
Session
of
Parliament
with
consent
of
the
Estates
,
whereby
his
Majesty
for
himselfe
and
his
Successours
,
hath
willed
,
enacted
,
and
ordained
,
that
now
and
in
all
time
coming
,
the
Officers
of
State
,
Lords
of
secret
Councell
,
and
Lords
of
Session
,
on
whose
care
,
wisedome
,
and
fidelity
in
their
severall
judicatories
(
which
next
unto
the
supreme
Court
of
Parliament
are
the
chiefe
and
principall
judicatories
)
depends
the
weal
and
happinesse
of
the
government
,
shall
be
chosen
now
and
in
all
time
comming
,
by
His
Majesty
and
his
Successours
,
with
advice
and
approbation
of
the
Estates
of
Parliament
when
they
are
sitting
,
and
for
the
interim
,
with
advice
of
the
Lords
of
secret
Councell
and
Session
respective
,
as
in
the
said
Act
of
Parliament
at
more
length
is
contained
:
Therefore
His
Majesty
hath
,
with
speciall
advice
and
approbation
of
the
saids
Estates
,
nominated
,
elected
and
chosen
the
persons
after
following
,
Lord
Loudoun
Chancellour
,
Duke
of
Lennox
,
Marquesse
of
Hammiltoun
,
Earle
of
Argyle
,
Earle
Marshall
,
Earle
of
Sutherland
,
Earle
of
Mar
,
Earle
of
Mortoun
,
Earle
of
Eglintoun
,
Earle
of
Cassils
,
Earle
of
Glencairn
,
Earle
of
Murray
,
Earle
of
Pearth
,
Earle
of
Dumfermling
,
Earle
of
Wigtoun
,
Earle
of
Kinghorne
,
Earle
of
Roxburgh
,
Earle
of
Sea-forth
,
Earle
of
Lauderdaill
,
Earle
of
Lothian
,
Earle
of
Kinnowl
,
Earle
of
Southesk
,
Earle
of
Weymes
,
Earle
of
Dalhoussie
,
Earle
of
Finlater
,
Earle
of
Lanerk
,
Earle
of
Levin
,
Lord
Angus
,
Lord
Lindesay
,
Lord
Yester
,
Lord
Sinclair
,
Lord
Elphingstoun
,
Lord
Balmerino
,
Lord
Burghlie
,
Lord
Almond
,
Lord
Balcarras
,
Clerk
Register
,
Advocate
,
Justice
Clerk
,
Thesaurer
Depute
,
Master
of
Requests
,
Sir
Robert
Gordoun
,
Sir
William
Douglas
,
Sir
Patrike
Hepburne
,
Lord
Dundas
,
Lord
Fintrie
,
Lord
Cambo
,
Lord
Dun
,
Lord
Innes
,
Lord
Morphie
,
The
Provest
of
Edinburgh
for
the
time
being
,
and
thir
supernumerarie
Councellors
English
,
viz.
_____
Earle
of
Arundall
,
_____
Earle
of
Pembroke
,
Earle
of
Salisbury
,
_____
Earle
of
Holland
,
To
whom
,
or
any
nine
of
them
,
by
these
supernumerary
above
named
,
His
Majesty
with
advice
and
consent
of
the
said
Estates
hath
committed
,
and
commits
the
administration
and
governement
of
this
his
Majesties
native
Kingdom
in
all
affaires
concerning
the
peace
,
good
,
and
happinesse
thereof
,
which
by
the
Lawes
and
Custome
of
this
Kingdome
,
pertaines
to
the
judgement
,
cognition
,
and
determination
of
his
Majesties
privie
Councell
,
with
power
to
them
,
or
any
nine
of
them
,
as
said
is
,
to
meet
and
conveen
at
the
place
appoynted
for
the
ordinair
residence
of
his
Majesties
privie
Councell
within
the
burgh
of
Edinburgh
,
or
at
any
other
place
or
places
,
which
by
common
consent
in
case
of
any
necessity
or
urgent
occasion
thereof
,
shall
bee
found
most
fit
and
convenient
,
and
there
to
advice
,
consult
,
deliberate
,
conclude
,
decerne
,
and
determine
upon
all
and
sundry
affaires
,
purposes
,
and
actions
,
which
may
concerne
the
good
and
peace
of
the
Kingdome
,
according
to
the
Lawes
and
Acts
of
Parliament
established
,
or
to
bee
established
within
the
famine
,
and
to
heare
,
decide
,
and
determine
upon
all
causes
and
actions
betwixt
Subject
and
Subject
proper
to
bee
decided
by
the
Lords
of
his
Majesties
privie
Councell
,
and
that
none
bee
present
at
their
meetings
but
such
as
are
of
the
privie
Councell
,
with
the
clerke
of
the
privie
Councell
,
whom
his
Majesty
with
advice
foresaid
continues
in
his
place
as
of
before
:
His
Majesty
with
advice
and
consent
foresaid
hath
likewise
given
and
granted
,
and
by
the
tenour
hereof
gives
and
grants
full
power
and
Commission
to
the
said
Councell
and
every
one
of
them
upon
any
interveening
occasion
of
disorder
or
trouble
in
such
parts
of
the
Countrey
,
where
they
shall
remaine
for
the
time
,
To
command
and
charge
the
person
or
persons
committers
of
such
disorders
to
observe
and
keepe
his
Majesties
peace
,
and
to
charge
the
contraveeners
thereof
to
enter
their
persons
in
ward
,
in
such
part
or
places
,
or
within
such
a
short
space
,
as
the
said
Councellour
shall
think
meet
,
there
to
remaine
till
order
bee
taken
by
a
full
number
of
the
Councell
in
the
matter
wherein
they
have
offended
,
Providing
alwayes
he
be
comptable
to
his
Majesty
and
the
rest
of
the
Councell
,
and
that
no
just
cause
of
complaint
be
heard
against
him
:
And
if
the
person
or
persons
so
charged
to
ward
,
shall
happen
to
disobey
and
contemn
the
charge
,
his
Majesty
with
advice
and
consent
of
the
saids
Estates
declares
,
that
upon
report
thereof
to
the
Councell
,
a
pecuniall
summe
shall
be
imposed
upon
the
offender
,
according
to
the
quality
of
his
person
and
nature
of
his
offence
,
and
the
Councell
is
to
cause
apprehend
the
offenders
,
and
commit
them
to
ward
,
with
power
likewise
to
the
said
Councell
to
make
and
set
downe
Acts
and
Ordinances
for
governement
of
the
Kingdome
,
and
suppressing
of
disorders
within
the
same
,
With
power
likewise
to
the
said
Councell
,
to
give
and
appoynt
Assessors
to
the
Justice
generall
and
his
Deputies
in
case
of
necessity
,
and
to
give
warrant
to
the
said
Justice
,
his
Deputes
,
and
Assessors
,
for
continuing
execution
after
conviction
,
or
for
mitigating
the
punishment
of
the
Law
in
criminall
causes
,
if
the
nature
and
quality
of
the
crymes
shall
require
,
&
to
grant
Commissions
of
Justiciarie
in
matters
criminall
,
&
other
Commissions
in
matters
concerning
the
weale
of
the
Kingdome
,
and
als
with
power
to
them
to
give
warrant
to
the
said
Justice
generall
,
his
Deputes
and
others
Commissioners
foresaids
,
for
imponing
of
fines
or
pecuniall
summes
upon
the
crimes
of
Adultery
,
bearing
and
wearing
of
Hagbuts
and
Pistolets
,
usury
,
and
such
other
transgressours
of
the
acts
of
Parliament
,
where
the
punishment
by
the
Law
is
inflicted
upon
body
or
goods
,
or
left
to
the
arbitriment
of
the
Judge
:
And
likewise
with
power
to
them
,
to
grant
exemptions
from
hostes
,
raids
,
assises
and
licences
,
for
departing
out
of
the
Kingdome
,
according
to
the
conditions
contained
in
the
act
of
Parliament
:
And
alse
with
power
to
the
said
Councell
,
in
case
an
open
and
avowed
rebellion
shall
happen
to
be
raised
within
the
said
Kingdome
,
which
cannot
be
redressed
but
by
force
,
To
give
commission
of
Lieutenantrie
and
Justitiarie
for
repressing
of
the
said
rebellion
,
and
to
direct
charges
to
such
parts
of
the
countrey
as
they
shall
think
fit
for
concurrence
to
be
given
in
execution
of
the
said
commission
,
and
to
give
order
and
direction
to
furnish
and
advance
the
summes
of
money
that
shall
be
requisite
in
such
expeditions
:
With
power
likewise
to
the
said
Councell
to
raise
the
Session
upon
any
interveening
occasion
or
necessity
,
and
to
appoint
times
and
places
of
their
downe
sitting
:
And
generally
,
with
power
to
the
said
Councell
,
to
do
,
use
and
exerce
all
and
every
thing
,
which
the
Councell
of
the
said
Kingdome
did
,
or
might
have
done
the
time
of
his
Majesties
late
Father
:
Providing
alwayes
,
like
as
his
Majesty
expresly
provides
,
with
advice
and
consent
foresaid
,
that
this
Commission
shall
no
wayes
be
prejudiciall
to
the
commission
of
Exchequer
:
And
it
is
declared
that
any
nine
of
the
said
Councell
shall
be
a
sufficient
number
and
make
a
Session
,
providing
the
Lord
Chancellour
be
one
of
the
nine
:
and
in
case
of
the
absence
of
the
said
Lord
Chancellour
,
it
is
declared
that
it
shall
be
lawfull
to
any
nine
or
moe
of
the
Councell
conveened
in
the
ordinar
place
,
and
at
the
indicted
time
of
meeting
,
to
choose
one
of
the
number
conveened
,
who
shall
preside
at
the
meeting
als
oft
as
the
Lord
Chancellour
shall
be
absent
.
And
his
Majesty
and
Estates
,
considering
that
the
often
absence
of
the
most
part
of
the
Councell
,
and
their
not
attendance
upon
the
charge
and
trust
concreded
unto
them
,
will
be
a
great
impediment
and
hinderance
to
his
Majesties
service
,
Therefore
his
Majesty
,
with
advice
foresaid
,
declares
,
that
it
is
his
speciall
pleasure
and
command
,
that
the
Lord
Chancellour
,
or
President
of
the
Councell
,
to
be
elected
as
said
is
,
doe
see
and
provide
that
the
Councell
be
frequent
,
specially
in
great
and
weighty
matters
of
Estate
:
And
if
upon
occasion
that
requires
the
number
of
the
Councell
to
be
more
full
then
the
said
Quorum
,
the
Lord
Chancellour
,
or
President
to
be
elected
in
manner
foresaid
,
shall
write
to
such
others
of
the
Councell
as
they
think
fit
to
be
present
,
and
give
their
attendance
:
In
which
case
,
if
any
disobey
,
without
a
licence
obtained
from
his
Majesty
,
or
the
Quorum
of
the
Councell
,
or
without
some
reasonable
cause
(
either
of
which
shall
excuse
their
absence
)
then
and
in
that
case
his
Majesty
,
with
advice
foresaid
,
wils
,
that
the
absent
shall
be
censured
by
the
said
Councell
,
as
a
neglecter
of
his
Majesties
service
,
and
that
his
Majesty
be
advertised
thereof
.
And
it
is
declared
,
that
if
any
of
the
saids
Councellours
places
vaiks
by
decease
,
dimission
,
or
deprivation
,
that
his
Majestie
in
the
interim
shall
nominate
another
of
the
same
degree
and
quality
in
the
vacant
place
,
with
advice
of
the
most
part
of
the
Lords
of
Privie
Councell
,
they
being
all
present
at
the
said
election
,
at
the
least
lawfully
warned
to
that
effect
,
upon
fifteene
dayes
warning
,
conforme
to
the
Act
of
Parliament
made
thereanent
:
Which
election
made
in
the
interim
,
as
said
is
,
shall
be
allowed
or
disallowed
by
his
Majestie
,
with
consent
of
the
Estates
in
the
next
ensuing
Parliament
,
as
they
shall
think
expedient
.
And
als
his
Majesty
,
with
consent
of
the
saids
Estates
,
gives
power
to
the
saids
Lords
of
Secret
Councell
,
or
any
nine
of
them
,
as
said
is
,
to
set
down
such
rules
and
orders
for
their
meetings
and
attendance
,
and
spaces
and
times
thereof
,
as
they
shall
resolve
,
appoint
,
and
ordaine
amongst
themselves
:
And
wils
and
declares
,
that
the
saids
Lords
of
Secret
Councell
,
now
nominate
,
as
said
is
,
and
these
who
shall
be
surrogate
in
their
places
in
the
interim
,
in
manner
foresaid
,
shall
have
,
bruik
,
and
enjoy
their
places
ad
vitam
vel
ad
culpam
,
and
shall
be
liable
to
the
censure
of
his
Majesty
and
the
Estates
of
Parliament
,
anent
their
proceedings
therein
,
firme
and
stable
,
holding
whatever
by
the
saids
Lords
,
or
any
nine
of
them
,
as
said
is
,
shall
be
lawfully
done
in
the
premisses
:
And
decernes
and
ordaines
all
his
Majesties
lieges
and
subjects
to
reverence
,
acknowledge
and
obey
the
saids
Lords
of
his
Majesties
councell
in
all
things
concerning
the
charge
and
trust
committed
to
them
,
as
said
is
,
under
all
highest
paine
and
charge
which
after
may
follow
:
And
this
Commission
to
indure
to
the
next
Parliament
and
longer
,
ay
and
while
the
same
be
expresly
discharged
.
ACT
LXVI
.
ACT
DISCHARGING
THE
CUSTOME
Of
two
and
an
halfe
of
the
hundred
,
and
the
Impost
of
foure
pounds
on
the
Tunne
.
17.
November
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
considering
that
the
prices
of
all
Merchandize
doe
daily
rise
to
exceeding
great
dearths
,
which
is
alledged
to
bee
occasioned
through
extraordinary
Customes
and
Impositions
:
For
remeed
whereof
his
Majesty
,
with
advice
and
consent
of
his
saids
Estates
,
doth
discharge
all
and
sundry
whatsoever
Customes
and
Impositions
exacted
by
the
Customers
,
which
are
not
allowed
and
approved
by
the
Acts
of
Parliament
,
and
especially
the
late
Custome
of
two
and
an
halfe
per
Centum
,
and
late
new
Imposition
of
foure
pound
upon
the
Tunne
of
wine
,
and
all
raising
of
his
Majesties
Customes
,
directly
or
indirectly
,
without
consent
of
Parliament
.
And
because
that
the
too
much
troubling
of
Merchant
estate
,
and
drawing
of
Masters
and
Mariners
from
their
ordinary
charges
,
doth
much
impede
the
trade
:
Therefore
his
Majesty
,
with
advice
and
consent
foresaid
,
discharges
the
taking
of
Merchants
,
Masters
,
and
Mariners
oaths
in
the
matter
of
Customes
:
and
to
the
end
that
the
subject
of
trade
may
not
be
restrained
with
unnecessary
customes
,
therfore
his
Majesty
,
with
consent
foresaid
,
declares
,
that
all
goods
and
Merchandize
imported
from
forraine
places
to
this
kingdome
and
out
,
paying
inward
Custome
,
shall
be
free
of
all
outward
Custome
,
according
as
is
used
in
England
and
Ireland
.
Like
as
his
Majestie
declares
,
that
he
consented
to
the
Act
above
written
upon
this
condition
,
that
commission
and
warrant
be
granted
to
the
Exchequer
to
establish
the
Booke
of
Rates
according
as
the
prices
of
merchandize
now
rules
,
and
his
Majesty
permitted
the
option
to
the
Burrowes
:
Whereupon
the
Burrowes
having
advised
,
they
made
choice
to
be
ruled
by
the
Booke
of
Rates
anent
the
Customes
,
and
consented
that
Commission
should
be
granted
to
the
Exchequer
to
establish
the
Booke
of
Rates
,
according
as
the
prices
of
Merchandize
now
rules
:
In
respect
whereof
,
our
Soveraigne
Lord
and
Estates
of
Parliament
ordaine
a
Commission
to
be
drawne
up
to
the
Exchequer
to
the
effect
foresaid
,
and
extracted
thereupon
,
for
establishing
the
Booke
of
Rates
,
according
as
the
prices
of
Merchandize
now
rules
.
And
therefore
our
said
Soveraigne
Lord
and
Estates
of
Parliament
,
ordaines
the
Act
above
mentioned
to
stand
as
a
law
in
manner
,
and
to
the
effect
before
rehearsed
.
ACT
LXVII
.
ACT
IN
FAVOURS
OF
MINORS
ANENT
The
duties
of
the
lands
comprised
from
them
.
17.
November
1641.
OUR
Soveraigne
Lord
,
with
advice
of
Estates
of
Parliament
,
ratifies
and
approves
the
Act
of
Parliament
made
in
August
1621.
cap.
6.
in
so
farre
as
the
famine
concernes
Minors
,
and
declares
,
that
the
true
meaning
thereof
was
and
is
,
that
Minors
,
having
right
to
the
legall
reversion
,
should
be
no
further
obliged
,
than
during
their
minoritie
of
21
yeares
of
age
,
but
allanerly
for
the
annuall
rent
of
the
summes
contained
in
the
comprisings
,
and
that
they
tyne
not
the
right
of
the
superplus
of
the
mailes
and
duties
of
the
lands
,
so
farre
as
the
famine
exceeds
the
said
annuall
rents
induring
their
said
minoritie
.
ACT
LXVIII
.
ACT
ORDAINING
THE
COMMISSIONERS
For
the
Thesaurarie
.
17.
November
1641.
OUR
Soveraign
Lord
,
Considering
that
His
Majesty
was
lately
pleased
to
condescend
to
the
humble
desire
of
His
Majesties
Estates
of
Parliament
,
to
nominate
by
their
advice
and
approbation
,
His
Officers
of
Estate
,
of
whom
his
Majesties
high
Thesaurer
is
one
,
And
that
His
Majesty
for
the
present
is
not
resolved
upon
the
nomination
of
any
particular
person
,
to
enjoy
the
said
place
,
but
hath
with
advice
of
the
saids
Estates
,
taken
present
course
to
supply
the
want
of
a
principall
Thesaurer
,
by
a
Committee
,
Therefore
His
Majesty
with
consent
of
the
saids
Estates
,
makes
,
nominates
and
constitutes
,
John
Earle
of
Loudoun
,
High
Chancellour
of
this
Kingdome
,
Archbald
Earle
of
Argyle
,
Lord
Campbell
and
Lorne
,
William
Earle
of
Glencairne
Lord
Kilmars
,
John
Lord
Lindesay
of
Struther
,
and
Sir
James
Carmichael
of
that
ilk
Knight
,
Thesaurer
Depute
,
his
Majesties
Commissioners
to
the
effect
under-written
:
And
gives
and
grants
to
them
or
any
three
of
them
,
the
full
place
and
power
of
His
Majesties
high
Thesaurer
,
Comptroller
,
Collector
and
Thesaurer
of
his
Majesties
new
augmentations
,
with
all
liberties
,
priviledges
,
immunities
,
benefits
and
emoluments
whatsoever
pertaining
to
the
said
place
of
high
Treasurer
,
Comptroller
,
Collector
and
Thesaurer
of
his
Majesties
new
augmentations
,
and
that
in
as
ample
manner
and
quality
,
as
the
famine
was
in
the
Persons
of
any
of
His
Majesties
high
Thesaurers
,
in
any
time
of
before
:
With
power
to
them
,
or
any
three
of
them
,
to
uplift
,
gather
,
and
intromet
with
all
and
sundry
His
Majesties
rents
,
revenewes
,
customes
,
imposts
,
casualities
,
commodities
,
dueties
,
and
others
whatsoever
,
any
wayes
belonging
to
his
Majesty
within
this
Kingdome
,
or
to
his
Majesties
dearest
Sonne
the
Prince
,
and
that
of
all
years
and
termes
by-gone
,
and
yearely
in
time
comming
,
and
with
power
to
them
,
or
any
three
of
them
,
with
advice
of
the
remanent
Commissioners
of
Exchequer
,
contained
in
his
Majesties
Commission
under
the
great
Seale
,
and
according
to
the
tenour
thereof
,
to
compone
,
passe
and
subscribe
signators
,
gifts
,
confirmations
,
escheats
,
liferents
,
remissions
,
tutories
,
gifts
by
forfeiture
,
recognition
,
wards
,
marriages
,
reliefe
,
non-entresses
,
legittimations
,
presentations
,
taks
,
rentals
,
licences
,
dispensations
and
others
dispositions
,
writs
and
securities
whatsoever
,
pertaining
to
the
saids
Offices
,
or
any
of
them
,
or
to
the
power
and
priviledges
thereof
,
But
prejudice
alwayes
to
the
said
Sir
James
Carmichael
Thesaurer
Depute
,
of
his
gifts
of
the
office
of
Thesaurary
Depute
,
whole
liberties
,
power
and
priviledges
therein
contained
,
which
are
holden
,
as
herein
exprest
,
but
adding
or
paring
to
him
in
the
point
of
receiving
,
and
without
derogation
in
any
sort
to
this
present
act
and
commission
:
And
it
is
declared
that
the
yearly
fees
and
other
casualities
due
to
his
Majesties
principall
Thesaurer
,
and
especially
the
summe
of
foure
thousand
pounds
scots
money
shall
bee
divided
equally
amongst
the
saids
first
foure
of
the
said
commissioners
by
the
said
Thesaurer
Depute
,
who
hath
right
to
his
owne
fee
and
casualities
,
by
vertue
of
his
gifts
granted
to
him
thereupon
,
And
His
Majesty
with
consent
foresaid
,
ordains
the
Lords
of
His
Majesties
Privie
Councell
,
Session
or
Exchequer
,
to
grant
and
direct
letters
at
the
instance
of
the
saids
Commissioners
,
for
answering
and
obeying
them
,
their
chalmerlands
,
under
receivers
and
officers
of
all
and
sundry
of
His
Majesties
rents
,
casualities
,
customes
,
imposts
and
duties
belonging
to
the
said
office
,
and
that
enduring
the
time
of
this
present
Commission
which
shall
endure
to
the
next
Parliament
.
ACT
LXIX
.
ACT
ANENT
RESTITUTION
OF
HORSE
And
Armes
,
to
the
Owners
,
out-putters
thereof
.
17.
November
1641.
OUR
Soveraign
Lord
and
Estates
of
Parliament
,
Considering
that
diverse
Souldiers
,
aswell
foot
as
horse
,
who
were
imployed
,
reiked
out
&
sent
forth
with
the
Armies
and
Regiments
levied
during
the
time
of
the
late
troubles
,
Having
at
their
going
forth
and
outreiking
,
received
troup-horses
,
arms
,
ammunition
,
horses
,
and
baggage
horses
from
the
heritors
of
lands
and
others
who
did
reik
and
send
them
forth
,
and
that
the
saids
Souldiers
keepers
up
,
and
withholders
,
or
have
put
away
the
saids
horses
and
armes
intrusted
to
them
from
the
owners
thereof
:
Therefore
Our
said
Soveraigne
Lord
and
Estates
of
Parliament
,
doe
hereby
grant
full
power
and
warrant
to
the
Committee
appointed
from
the
Parliament
for
regulating
and
setling
of
the
common
burdens
and
debts
of
the
Kingdome
,
and
to
all
other
Judges
ordinair
,
aswell
to
Burgh
as
Land
within
this
Kingdome
,
within
whose
bounds
any
such
persons
dwell
,
or
can
be
found
,
who
have
keeped
or
detained
either
horses
or
armes
.
That
the
saids
Judges
do
forthwith
upon
complaint
of
the
partie
,
owner
of
the
saids
horses
and
armes
,
call
the
receivers
and
detainers
or
out-putters
of
them
,
before
them
,
and
to
discern
and
ordain
them
to
deliver
the
saids
horses
and
armes
,
to
the
saids
owners
or
the
prices
of
same
,
their
receit
of
them
being
lawfully
proven
:
And
with
power
to
the
saids
judges
,
to
do
every
thing
as
lawfull
and
necessair
,
anent
the
premisses
agreeable
to
Justice
,
and
the
Lawes
of
the
Country
.
ACT
LXX
.
ACT
SALVO
JURE
CUIUSLIBET
.
17.
November
,
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
Considering
that
in
the
present
Parliament
there
are
many
particular
Acts
,
and
Acts
of
ratifications
made
in
favours
of
particular
persons
,
which
may
be
prejudiciall
to
parties
having
intrest
,
and
not
heard
,
albeit
the
meaning
of
the
Estates
be
at
this
time
,
as
it
was
ever
in
all
preceding
Parliaments
,
That
by
no
particular
Act
,
or
Act
of
ratification
granted
to
any
particular
person
,
any
other
parties
should
bee
hurt
or
prejudged
of
their
lawfull
rights
and
defences
,
competent
to
them
of
the
Law
:
For
remeed
whereof
,
it
is
statute
and
ordained
,
that
no
ratification
,
nor
other
particular
Act
whatsoever
,
made
in
favours
of
any
particular
person
,
in
this
present
Parliament
,
be
prejudiciall
to
any
other
parties
rights
or
defences
competent
to
them
of
the
law
:
But
that
the
saids
particular
Acts
,
and
Acts
of
Ratification
made
in
favours
of
particular
persons
,
be
alwayes
understood
salvo
jure
cujus●ibet
.
ACT
LXXI
.
ACT
APPOINTING
THE
NEXT
PARliament
to
conveen
the
first
Tuesday
of
June
1644.
17.
November
1641.
OUR
Soveraigne
Lord
and
Estates
of
Parliament
,
Considering
,
that
forsameikle
as
by
the
Act
of
Parliament
made
in
the
Session
of
this
present
Parliament
holden
at
Edinburgh
in
June
1640.
anent
trienniall
Parliaments
:
It
is
statute
and
ordained
,
that
before
the
closure
of
every
Parliament
,
the
day
of
the
next
subsequent
Parliament
shall
be
condescended
upon
.
And
because
this
present
Parliament
is
this
day
,
by
the
assistance
of
God
Almighty
,
and
his
Majesties
great
wisedome
,
to
be
brought
to
an
happy
conclusion
:
Therefore
his
Majestie
and
Estates
foresaids
,
appoint
and
ordaine
the
first
Tuesday
of
the
moneth
of
June
in
Anno
1644.
yeares
,
to
be
the
day
of
meeting
and
conveening
of
the
next
trienniall
Parliament
,
But
prejudice
alwayes
to
his
Majesty
to
appoint
any
diets
of
Parliament
betwixt
and
that
day
,
as
his
Majesty
shall
think
fitting
:
And
ordaines
all
the
Members
of
Parliament
to
meet
and
conveene
at
Edinburgh
the
said
first
Tuesday
of
June
1644.
and
all
other
persons
interessed
,
without
any
other
or
farther
warning
and
premonition
to
be
made
for
that
effect
:
declaring
hereby
,
that
the
publication
of
this
Act
,
with
the
rest
of
the
Acts
of
this
present
Session
,
shall
be
als
sufficient
for
meeting
and
conveening
of
the
whole
Members
of
Parliament
,
as
if
all
former
solemnities
were
used
,
whereanent
his
Majesty
and
Estates
hereby
dispenses
.
FINIS
.