the few maills few fermes and other constant rent of the saids superiorities ay and while they be payit of the pryce thairof contenit in his Majesties generall determinatione And according to the provisiones specifiet thairin Thairfor his Majestie and estates give full power to the saids commissioners or any fyfteine of thame as said is To call and conveine befor thame the lords of erectioun and vthers having richt to the saids few mails and fewfermes and other constant rent of the superiorities of kirklands at such particular dyetts as they sall appoint And to wrge the saids lords of erectioun and others forsaids to giue vp thair rentalls of thair saids few maills few fermes and vther constant rent forsaid of thair saids superiorities conforme to his Majesties decreit and determinatione givin out thairanent And with certificatioun as is thairin conteinit And to liquidat the other constant rent of the saids superiorities not consisting in victuall or silver To the effect eftir the full tryall of the said rentall and liquidatione thairof The saids lords of erectione may receaue the pryce of a thousand markes for each chalder of few fermes And for each hundreth markes of the other constant rent being redacted in money in whole or in pairt proportionallie frome his Majesties thesaurers principall or deputte And incaice of the absence and refusall of the saids titulars and lords of erectioun That the same may be consigned in the hands of the clerk to the saids commissioners To remaine consigned for thair behoue eftir the which consignatione it sall be lawful to his Majesties thesaurers principall or deputte To vplift receaue and intromett with the saids few maills few fermes and other constant rent forsaid of all yeares and termes eftir the said consignatione According to the tenour of the said generall determinatione And also with power to the saids commissioners as said is To discusse and determine all questiounes that may aryse betuix the saids lords of erectioun and the heritors of the ground pensioners lyfrenters and others pretending richt to the saids few maills and few fermes And to divide the pryce amongst thame According to the qualitie of thair richts And all other questiones anent the few maills few fermes and other constant rent forsaid Which by his Majesties generall determinatione is referrit to the determinatione of the commissioners to be appointit To that effect And qubairas it may fall out that some of the commissioners now appointit by his Majestie and estates may be wnable to attend the service through death seiknes or some other notour and knowne impediments Thairfor his Majestie reserves to himselff the nomination of such other persones in thair places as his Majestie sall think fitt Whome his Majestie by his letters sall recommend to the saids commissioners To the intent they may receaue and admitt thame vpon the said commissione and tak thair oathes for faithfull dischairge of the same And his Majestie and estates ordaine this present commissione to indure wnto the last day of december in the yeir of god 1635 years And farther induring his Majesties pleasure And ay and while the same be expreslie dischairgit by his Majesties warrand or letter to that effect And his Majestie with consent of the estates forsaids finds declares and ordaines the actes decreits and ordinances of the commissioners forsaids and of the other persones quha sall be surrogatte in thair places by his Majestie in maner forsaid in the whole particulars abonespecifiet and everie one of thame To haue the strenth force and authoritie of a decreit sentence and act of parliament And ordaines the lords of sessione to grant and direct letters of horning poinding and others thairvpon vpon a simple chairge of ten dayes or otherwayes as sall be fund necessarie Attour for cleiring of all doubtes and difficulties Which may aryse Anent the rectifieing of valuationes or other particulars heads following His Majestie and estates haue declarit and declare That quhair valuationes ar lawfullie led against all pairties having interest and allowed by the former commissioners According to the order observit by thame that the same sall not be drawin in questione nor rectified vpon pretence of enorme lesione at the instance of the minister not being titular or at the instance of his Majesties advocate for and in respect of his Majesties annwitie except it be proved that collusione was vsed betuix the titular and heretor or betuix the procurator fiscall and the titulars and heretors Which collusione is declarit to be quhair the valuatione is led with diminutione of the thride of the iust rent presentlie payit And which diminutione sall be proved by the pairties oathes And siclyk it is declarit that the provisiones conteinit in the forsaid submissione maid by the Bischops Whairof mentione is maid in the forsaid act of tithes and which is repeated in this commissione sall be restricted to that Whairof Archbischops Bischops

parsones viccarrs or other beneficed persones being ministers colledges hospitalls and other dotationes to pious vses wer in actuall and reall possessione the tyme of the said submissione Which sall remaine with thame in quantitie and qualitie According to the tenour of the said provisione And if any questione sall aryse betuix the saids Archbischops Bischops parsones viccars and other beneficed persones forsaids Anent the leading of teinds That the same sall be referred to his sacred Majestie and to his royall pleasure to be signified thairanent And also anent laick patronages perteining to any of his Majesties subjects befor the yeir of god 1561 years His Majestie and estates declare That the same falls within the compasse of the generall submission maid to his Majestie And his Majesties determinatione givin thairvpon And that allanerlie in soe far as concernes a competent maintenance to be locallie payit furth of each kirk to the minister and his successors And anent the teinds of other mens lands And anent the annwitie to be payit to his Majestie furth of the teinds of the said kirk And as to the remanent teinds the same to perteine to laick patrones in pryce or rate thairof in all caices quhair the forsaid laick patrones wer in possessione of the teinds thairof by the space of seven yeares within the fyftein years immediatlie preceiding the dait of the said generall submission With this declaration That quhair the titulars or ministers provydit to the saids laick patronages and kirks thairof wer in possessione of the benefices forsaids and fruites and rents thairof ather by leading of the teinds or by vplifting and intrometting [with] the whole rents thairof by the space of seven years of fyfteine years immediatlie preceiding the said submission in thes caices the difference betuix the said laick patrones and the titulars and ministers sall be referred to his sacred Majestie and to his royall declaratione to be givin thairanent And ordaines all former commissiones anent the premisses to cease in tyme cuming and this onlie to stand in force in tyme to come

ACTA PARLIAMENTORUM REGIS CAROLI SECUNDI.

PARLIAMENT AT EDINBURGH, 1ST JANUARY 1661.

CAP. 6.
[1661, cap. 2.]

ACT anent the Kingis Majesties prerogative in choiseing and appointing of the Officers of State, Lords of Privy Council and Session

THE Estates of Parliament Considering the great obligationes that doe ly vpon them from the law of God the lawes of Nations the municipall lawes of the land and their oaths of alledgeance to mantaine and defend the Soverane power and authority of the Kings Maiestie and the sad consequences that doe accompany any incroachments thervpon or diminutions thairof Doe therfor from their sense of humble duetie Declare That it is an inherent Priveledge of the Croun and ane vndoubted parte of the Royall prerogative of the Kings of this Kingdome to have the sole choise and appointment of the Officers of Estate and privy Councellors and the nomination of the Lords of the Session as in former times preceiding the yeer 1637 And that the Kings sacred Maiestie and his aires and successors are for ever be vertew of that Royall power which they hold from God Almichtie over this Kingdome To enjoy and have the full exercise of that right.

[In part rep., 6 Ed. 7 c. 38 (S.L.R.).]

CAP. 7.

[1661, cap. 3.]

ACT anent his Maiesties Prerogative in calling and dissolveing of Parliamentis and makeing of Lawis

THE Estates of Parliament now Conveened by his Maiesties speciall Authority Considering that the quyetnes stability and happines of the people doe depend vpon the safety of the Kings Maiesties sacred person and the mantenance of his Soverane Authority Princely power and prerogative Royall And conceaveing themselffs obleidged in conscience in discharge of their dueties to Almightie God to the Kings Maiestie and to their Native Cuntrie to make a due acknowledgement therof at this time Doe therfor unanimouslie Declare That they will with their lives and fortunes mantaine and defend the same And they doe heirby acknowledge That the power of calling holding proroguing and dissolveing of Parliaments and all Conventions and meitings of the Estates Doth sollie reside in the Kings Maiestie his aires and successours And that as no Parliament can be lawfully keept without the speciall warrand and presence of the Kings Maiestie or his Commissioner So no acts sentences or statuts to be past in any Parliament can be binding vpon the people or have the authority and force of lawes without the speciall authority and approbation of the Kings Maiestie or his Commissioner interponed therto at the makeing therof.

[In part rep., 6 Ed. 7 c. 38 (S.L.R.).]

CAP. 12.

[1661, cap. 4.]

ACT anent his Majesties prerogative in making of Leagues
and the Convention of the Subjects

THE Estates of Parliament Considering That the mantenance of his Maiesties
authority and Royall Prerogative in and concerning the makeing of Leagues and the
convention of the Subiects is not only a necessary duety of the people but of singular
advantage to their happines and peace And that their predicessours wiselie foreseeing
the good and benefite therof and the preiudices and miseries that inevitably did
accompanie the neglect of the same did therfor by many severall acts and lawes assert
the Kings Prerogative and Authority therein And particularlie by the hundreth and
threttie one act of the eight Parliament of King James the sext It is statute and
ordained that none of his highnes subiects of whatsoever quality state or function
presume to convocat conveen or assemble themselffs for holding of Councills Conven-
tions or Assemblies to treat consult and determine in any matter of state civill
or ecclesiastick (except in the ordinary iudgements) without his Maiesties speciall
command or expresse licence had and obtained therto wnder the paines made against
such as vnlawfullie convocats the Kings leidges And by the tuelff act of the tenth
Parliament holden the tent of December 1585 It is by his Maiestie with advice of his
three estates statute and ordained that no leagues nor bands be made among his
subiects of any degree vpon whatsoever culour or pretence without his Maiestie or
his successours privacie and consent had and obtained thervnto vnder the paine to be
holden and execute as movers of sedition to the breach of the peace And now finding
that the due observeance of these lawes might have contribute much to the prevent-
ing of these confusions and troubles which in these later times have almost ruined
both the Kings Maiestie and all his Loyall Subiects Thairfor his Maiestie with advice
and consent of his estates of Parliament Doth Revive Renew Ratifie and Approve
these acts above mentioned And ordane the fame to be punctually obayed in all time
comeing Conforme to the tenor therof and under the paines therin contained.
[In part rep., 6 Ed. 7 c. 38 (S.L.R.).]

CAP. 13.
[1661, cap. 5.]

ACT anent his Maiesties Prerogative in the Militia and in making of Peace
and War or treaties and leagues with forraine Princes or Estates

THE Estates of Parliament Considering the great happines that this Kingdome hath for many ages enioyed vnder the Princely Government of their Royall Kings who by the special blessing of Almightie God have reigned over them in so long and vnparalleled series of Royall descents and the obligation thereby lying vpon them in conscience honour and gratitude to oune and assert the Royall Prerogatives of the imperiall Croun of this Kingdome which the Kings Maiestie holds from God Almightie alone And to vindicate the same from these invasions which by the malice or specious pretexts of ill affected persones and the confusions and disorders of the late times have been made vpon it Doe therfore Declare That the power of armes and makeing of peace and war or treaties and Leagues with forraine Princes or Estates Doth propperlie reside in the Kings Maiestie his heirs and Successours And that it wes and is their vndoubted right and theirs alone to have the power of raiseing in armes the subiects of this Kingdome and of the commanding ordering and disbanding or otherwise disposeing thairof and of all strenthes forts or Garrisons within the same as they sall think fit The subiects always being frie of the provisions and mantenance

of these forts and armies Wnles the same be concludit in Parliament or Convention

of estates. . . .

[In part rep., 6 Ed. 7 c. 38 (S.L.R.).]

CAP. 47.

[Not in 12mo edition.]

ACT allowing Messingers of Armes to execute Summons of Treason

THE Estates of Parliament In regaird of the trouble and expence that the Subiects will be put to be employing of Heraulds or Pursevants for executeing of all summons and letters of Treason for the appearance of any befor this Parliament Doe Declare that it shall be lawfull and frie to Messingers of Armes to execute all such summons and letters of treason in any place beyond tuentie myles from Edinburgh Any act statute or Practise to the contrarie notwithstanding

CAP. 67.
[1661, cap. 61.]

COMMISSION for Plantation of Kirks and valuation of Teinds

OUR Soveraign Lord Considering the great care his Royall father and grandfather of ever blessed memorie had at all tymes of the reformed Religion within this Kingdome and of the mantenance and provision of the ministerie and Churches thairof Concerning which and for the publict good of the Nation his Maiesties Royall father did emit a declaration immediatly after his succession to the Croun and concerning diverse other particulars relateing to teinds and superiorities of kirk lands In order whervnto diverse acts and ordinances of Parliament and of Commissions wer from time to tyme made dureing the reigne of his ever glorious father And yet by the vnhappie troubles of the tyme his Royall purpose hath not got a finall accomplishment So that diverse Churches are as yet vnprovyded with sufficient mantenance many teinds vnvalued and diverse other particulars are as yet vnperfected And his Maiestie being desireous to prosecute this good work for the vniversall good of the people and namely for the encouragement of the Ministers of the Gospell His Maiestie with advice and consent of the Estates of Parliament Doth Ratifie and Approve the nynteinth act of the Parliament holden at Edinburgh by his Royall father in anno 1633 entituled Commission for valuation of Teinds etc in the whole heids clauses and contents thairof except in so far as ther hath been any derogation made thereto by acts and Commissions made and granted be his Maiestie since the date of the said act or granted by pretendit Parliaments since and which are ratified or salved or to be reserved by this present Parliament And his Maiestie with advice and consent forsaid Doth give full Power and Commission to the persons aftermentioned Videlicet Johne Earle of Midletoun his Maiesties Commissioner William Earle of Glencairne Lord heigh Chancellor Johne Earle of Crafford and Lindesay Lord Thesaurer Johne Earle of Rothes President of his Maiesties Privy Councill William Duke of Hammiltoun James Marques of Montrose Johne Earle of Lawderdale his Maiesties Secretary William Earle of Marishall Johne Earle of Atholl George Earle of Linlithgow James Earle of Home James Earle of Tullibarden William Earle of Roxburgh Johne Earle of Hadingtoun James Earle of Annandale William Earle of Dumfreis Johne Earle of Tueddale James Earle of Calander Johne Earle of Dundie David Viscount of Stormount Johne Lord Sinclair David Lord Cardros Johne Lord Belheaven Lord Halkertoun William Lord Cochrane William Lord Bellenden Sir Johne Gilmour of Craigmiller President of the Session Sir Archibald Primerose