[1669/10/13]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing seriously considered how necessar it is, for the good and peace of the church and state, that his majesties' power and authority in relation to maters and persons ecclesiasticall be more cleerlie asserted by ane act of parliament, have therfor, thought fit it be enacted, asserted and declared, lykas his majestie, with advice and consent of his estates of parliament, doth heirby enact, assert and declare that his majestie hath the supream authority and supremacie over all persons and in all causes ecclesiasticall within this kingdom, and that, be vertew therof, the ordering and disposall of the externall government and policie of the church doth propperlie belong to his majestie and his successours as ane inherent right to the croun, and that his majestie and his successours may setle, enact and emit such constitutions, acts and orders concerning the administration of the externall government of the church, and the persons imployed in the same, and concerning all ecclesiasticall meitings and maters to be proposed and determined therin, as they, in their royall wisdome, shall think fit; which acts, orders and constitutions, being recorded in the books of councill and dewly published, are to be observed and obeyed be all his majesties' subjects, any law, act or custome to the contrary notwithstanding. Lykas his majestie, with advice and consent forsaid, doth rescind and annull all laws, acts and clauses therof, and all customs and constitutions, civill or ecclesiastick which ar contrarie to, or inconsistent with his majesties' supremacie as it is heirby asserted, and declares the samen voyd and null in all tymecomeing.
[1669/10/14]*[print] [email] [cite] [preceding] [following]
Forasmuch as by diverse antient laws and acts of parliament, made in the reignes of his majesties' royall ancestors, it is statute and ordained that wapenshawings be holden in ilk shire severall tymes in the yeer, at which tyme the leidges are appointed to be harnised and armed, according to their qualities and degrees, as at lenth is specified in these acts; and it being declared, by the fyft act of the first session of his majesties' late parliament, that it is his majesties' prerogative royall and undoubted right to have the power of raiseing in armes the subjects of this kingdom, and of the commanding, ordering and disbanding, or otherwise disposeing therof, as he shall think fit; as also, the estates of parliament of this kingdom, in recognisance of his majesties' royall prerogative forsaid, and in a further acknowledgment of thair dewtie haveing, by the tuenty fyft act of the last session of the forsaid parliament, made offer to his majestie of tuentie thousand footmen and tuo thousand horsmen, sufficientlie armed and furnished with fourtie days provision, to be raised from the severall shires of the kingdom, according to the proportions exprest in that act, to be in readines, as they shall be called for by his majestie, to march to any part of his majesties' dominions of Scotland, England or Ireland for any service wherin his majesties' honor, authority or greatnes may be concerned; and his majestie, finding it expedient that the forsaid number of horse should be modelled and trained in military discipline, to the effect they may be in greater readines and fitnes for his majesties' service when they shall be called for, haveing, by advice of his privy councill, constitute and setled a militia of horse and foot in many shires of the kingdom, according to the proportions mentioned in the forsaid act, and in some other shires a militia of horse only, haveing thought fit in this exigent for important reasons to change thair foot into a proportion of horse suteable to the charge of thair proportion of foot, and haveing nominated and appointed the collonells and leiutennent collonells of foot and captanes of horse; and the lords of privy councill haveing, by his majesties'order and warrand, appointed commissioners of the militia in the severall shires, ordered the election of the inferior officers, appointed particular days of rendezvous, the way of listing of foot souldiers, ordered fit allowances to be given to the foot and horsemen everie day of the rendezvous, that cullours, standarts, drums and trumpets be provydit at the charge of the shire, and haveing given severall other orders and instructions concerning the ordering and disposall of the militia, the estates of parliament doe in all dewtie acknowledge his majesties' singular wisdome and tender care of this his antient kingdom in constituteing and setling the forsaid militia. Lykas his majestie, with advice and consent of his estates of parliament, doth ratifie and approve the constitution and modell of the militia as the samen is established by his majestie with advice of his privy councill, and particularly their appointing days for rendezvous, ordering fit allowances to be given to the foot and horsmen, the saids days of the rendezvous, and all acts, commissions, orders and instructions past and emitted by the councill concerning the militia, and thair whole proceidings relateing therunto, and statuts and ordains that in all tyme comeing ther be allowed to each footman, sex shilling[s] Scots, and to each horsman, eightein shilling[s] Scots, everie day of the rendezvous, to be payed by the heretors, and that the said sex shilling[s] to be payed to the footmen be refoundit to the heritors by the men, tennents and servants for whom the footmen are put out, and who are not listed in the militia. And also, statuts and ordains that the rendezvous be punctually keeped, that horse and foot be dewlie outreiked and sufficiently armed, [and] that fractions, with thair proportions of the pryce of culors, drums, standarts and trumpets, be tymeouslie payed. Lykas his majestie, with advice forsaid, doth give power and warrand to the commissioners of the militia in the respective shyres to fyn parties for the souldiers' absence from the rendezvous, not exceiding sex pund[s] Scots for the horsman and tuo pund[s] Scots for the footman, absent ilk day of the rendezvous; and lykways, such as shall be deficient in the outreik of horse or foot, or in payment of the fractions therof, or of the proportions of cullours, drums, standarts and trumpets, or of the pay allowed by this present act to the horsemen or footmen, the men, tennents and servants for whom the footmen are put out, being always lyable to releive the respective heretors of the payment of the fyns forsaid, in so far as concernes the deficiency in outreik of foot, or payment of the fractions thairof, or absence of the footmen from the days of the rendezvous. And to the effect more readie obedience may be given to this present act and ordinance, his majestie, with advice forsaid (without derogation from any power already given by the instructions or acts of councill), doth authorize and impower the commissioners of the militia in the respective shyres, or any three of them (tuo of the quorum not being officers), after tryell taken that parties have been absent from the rendezvous, or deficient in the outreiks and payment forsaid, to give order and warrand to any one of the serjants of foot of the respective companies, or corporalls of horse, to be named be the saids commissioners, to poind and distrenyie the readiest goods and geir of these absent or deficient, wherever the samen may be fund, apprise and make sale therof toward the payment of the soums specified in the said warrand, and of the charges and expences of the poinding and appriseing, these charges always not exceiding as much more as the soums for which the poinding shall be used. Lykas his majestie, with advice forsaid, constituts the said person to whom the forsaid order shall be directed shirreff in that parte, with power to him, by vertew of that order, to poind the goods without necessity of carying the same to the paroche church or mercat croce of the heid burgh of the shire to be apprised, and to doe and act in the execution of the said order siclyk and as a messinger at armes may doe by the law in execution of letters of poinding and appriseing given under his majesties' signet, provyding always that the goods poinded be valued and apprised be tuo honest sworne men, whose oaths the said shirreff in that parte is authorized to take to that effect; and declares that it shall leisum to the partie from whom the goods shall be poinded to redeem the same within sex days after the poinding by payment of the soums for which the poinding shall be used, expences of the poinding forsaid and tuelff shilling[s] Scots each day dureing the not redemption. And in caice the party doe not redeem the goods poinded within the space forsaid, declares that it shall be lawfull to the said shirreff in that parte to retein the goods or sell the samen with deduction of the third of the soum to which they wer apprised, he always being comptable for the price thairof to the commissiors of the militia, who are to sie the partie from whom the goods wer poinded satisfied of the superplus of the pryce (if any be) of the goods for which the poinding wes used, expenses forsaids of the poinding, third parte of the value to which the goods wer apprised with tuelff shilling[s] Scots ilk day dureing the space that the partie had power to redeem being always deduced. And [also] declares the said warrand, being signed by three of the saids commissiors (one of them only being ane officer) to have the force and strenth of ane decreit, and that ther is no necessity of any precept or charge to follow theron; and that the poinding and appriseing, so used by vertew of the said warrand, is and shall be als lawfull and valeid as if all the solemnities requisite and usuall in poindings wer observed; wheranent his majestie, with advice forsaid, doeth dispense in this cace of the militia. And it is declared that these who are not sufficientlie armed or mounted at the rendezvous shall be holden as absent therfrom, and shall be fynned and poinded accordingly in maner forsaid; and, for preveening debates that may arise the tyme of mustering, it is declared that liuetennents and cornets of horse shall be reckoned of the number of horsemen appointed to be put out in the respective shyres, but prejudice always to any of the saids officers to clame and sute payment of fractions if they be leaders of horse. As also, his majestie, with advice forsaid, doeth authorize and impower the lords of his privy councill from tyme to tyme to appoint days of rendezvous, and to give such further orders as shall be requisite for the full establishment of the militia in everie particular therof, and to call for ane accompt from the severall shires of their procedor and diligence in setling the same; and commands and requires all his majesties' subjects, of whatsoever degree or qualitie, to give all due and readie obedience to all such orders and directions as they shall receave from his majesties' privie councell relateing to the militia, under the pains and certifications contained in any acts made or to be made be them theranent.
[1669/10/15]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with the advice of the estats of parliament, statuts and ordaines that all instruments of resignation that shall be made in the superior's hands ad remanentiam (fourty days after the publication heirof) be registrat within threescore days after the date therof, in the same maner and way and at the same rates as renunciations, sasines or reversions, to the effect the leidges may the better know that the infeftment which wes granted to the resigners is therby voyd and extinct, and that they may be put in mala fide to contract with the resigner theranent, or to compryse the same from him, otherwise the said resignation to be null. It is always heirby declared that the instruments of resignation of tenements, lands and fishings, holden in frie burgage, being registrat in the toun court books of the burgh, shall not fall within the certification of this present act.
[1669/10/16]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advice and consent of his estates of parliament, statuts and ordaines that heirafter it shall not be lawfull to poind moveables upon registrat bands or decreits for personall debts whill the parties be first charged, and the days of the charge be [not] expyred, with certification that poinding otherways used shall be null, and the poinders shall be proceidit against and punished as spuilyiers, but prejudice always of any decreits recovered at the instance of heritors against thair tennents in their oune courts, whervpon it shall be lawfull to them to use poinding as formerlie, and but prejudice to superiors to use poinding against their vassalls for their few dewties, as they might lawfullie have done of befor.