Att Edinburgh the 17th of September 1681

Legislation
Act in favours of the toun of Edinburgh, anent the conduit of water brought thereto

Our soveraigne lord and estates of parliament, takeing to their serious consideration the vigilancy and care of the magistrats of the city of Edinburgh and the great and vast pains and expences bestowed by them in acquireing fountains, wells and springs of water and liberty for carieing the said water by pypes and conduits from severall heretors through their lands and grounds to the toune of Edinburgh, for the generall good and conveniency of all his majesties' subjects resideing in or repairing thereto, which might be rendred ineffectuall by the malice and wickednes of some persons through their breaking or imbeziling of the same, unles the same were prevented and provided against; therfore, our said soveraigne lord, with advice and consent of his estates of parliament, for the saids magistrats further encouragement to insist in so good and necessary works, doeth not only ratifie, approve and confirm the rights made to the said citty of Edinburgh thereof, in the haill heads, articles, clauses and conditions thereof, and all acts of privy councill made in their favours for secureing thereof, but also doeth strictly prohibit and discharge all persones whatsomever from taking up, brakeing, imbazelling or anyways spoiling their saids fountaines, cisternes, leaden and other pipes and conduits belonging or which hereafter shall be acquired and belong to the said citty of Edinburgh, which are or shall hereafter be made use of, for conveying the water to the said citty or any part thereof, or doe any thing which may impead the said work and current of the water, certifieing such as shall be found to transgress, that they shall be lyable to such pains and punishments as the law doeth provyd in such caices, which shall be inflicted upon them with all rigor. And for their farder encouragement, in so good and necessar a work, our soveraigne lord, with advice and consent foirsaid, doeth authorize and empower the saids magistrats of Edinburgh to beit, mend and help the cisterns, pypes and conduits of the said water, wherever the samen shall happen to break or spring, without waiting for the heretors leave and liberty wher the samen shall happen (they always paying and satisfieing the saids heretors and others for any damage and loss which they shall happen to sustaine therby, at the sight and determination of tuo honest men to be neutrally chosen be both parties). With power also to the saids magistrats of the said citty of Edinburgh, sherriffs and others in authority within their respective jurisdictions, to search for and apprehend all persons who shall be informed to be guilty of the said crime, and upon evidence of their guilt to committ them to prisone till they be proceeded against and judged according to law.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act anent theiking of houses in Edinburgh and some other burghs royall with lead, sclates etc.

Our soveraigne lord, considering the danger that may ensue from theicking of houses within the towne of Edinburgh with straw, bent or other combustible matter, the toun being thereby exposed to the hazard of fyre, and that the same is nowayes decent to be seen in the cheif citty of this kingdom; therefore his majesty, with consent of his estates of parliament, doeth prohibit and discharge the theicking of any houses in the said toun, Cannogate and other suburbs therof in tyme coming, with straw, bent or heather, but ordains them to be theicked with lead, sclait, scailyie or tyle, and statuts and ordains that such houses within the said toun as are at present theicked with strae, be theicked of new with sclait or tyle within the space of ane yeer after the date hereof, under all highest pain and charge that after may follow; and lykways, ordains all houses that shall be built in time coming in the burghs of Glasgow, Aberdeen, Dundy and Stirling to be theiked with lead, sclait, scailyie or tyle, and no otherways, under the foresaid penalty, and recommends to his majesties' privy councill, upon application to be made to them by the magistrats of any other burgh royall, to give the like warrand and ordor for the theiking of housses within their burgh.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act anent the mortification made by Thomas Mudie for building a kirk in Edinburgh

Anent a petition presented to his majesty and estates of parliament, be the magistrats and councill of the burgh of Edinburgh and Sir William Maxwell of Calderwood, as haveing right from the heir of the deceist Thomas Mudie of Dalry, and sone in law to the said heir, mentioning that the deceist Thomas Mudie of Dalry having, by his band the tuenty-fyft day of December 1649, bound and oblidged him, his airs and successors to bestow tuentie thousand merkes for building of a church, in the place called the Grass-mercat within the burgh, at the sight of the thesaurer of the kirk session of the same, and which soume was accordingly payed to the good-toun in the year jM vjC and sixtie [...] years, and sieing this pious and worthy donation is become altogether ineffectuall, because the said Grass-mercat is now absolutly necessar, for want of other places, to be a mercat for pitch, tarr, grass, herbs, horse, nolt, sheep and other things which can be exposed to sale in no other place; likeas his majesty and his ministers, having taken from the petitioners the south bank of the castle of Edinburgh, which was the ordinary place for publict executions of malefactors, they have no other place besids the said Grass mercat for any such execution, so that the will of the defunct, not being able to take place in the specifick forme designed by himself, and it being unjust that it should be altogether ineffectuall, the laws and customs hath therfore provyded that such pious donations, which cannot take effect in the specifick termes in which they were at first left, should be fulfilled by the sight of the heir and of the magistrats of the place in the fittest way and manner for preserving the memory of the defunct, and the said Sir William Maxwell, having right in manner foirsaid, hath condescended and agreed with the magistrats of the burgh of Edinburgh, and with the thesaurer of the kirk-sessions by whose advice the said publict donation is to be perfyted, to employ the said tuentie thousand merkes upon a pale of bells and in building a steeple at the Westport at which the people of the west-country enter, in which west-country the said Thomas was borne; and therfore, humbly supplicating that his majesty and estates of parliament might interpose their authority to the bestowing of the said money in manner foirsaid, to the effect the petitioners may be secured in all events as having obtemperat the will of the dead in equivalent terms. His majestie and estates of parliament, having heard and considered the foirsaid petition and report of the lords of the articles theranent, together with the consent of the airs, and in regaird the mortification above mentioned cannot take effect now in the specifick termes of the defunct's mortification, in respect of the use made of the place wher the kirk was to be built, and that the toun of Edinburgh is alredy sufficiently provided of kirks for the use of the inhabitants and that ther was not a soume mortified be the defunct for the mantenance of a minister to serve the cuir at the said kirk, doe find and declare that the speciall destination of the sowme mortified may be altered in this caice, and doe recommend to the lords of his majesties' privy councill to see the soume employed by the toune of Edinburgh as neer the will of the defunct as can be.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act and commission in favours of the earle of Queensberrie, anent the deliverie of ane blank-band alledged to be in Barskiming's chartor-chist

Anent a petition presented to the king's majestie and estates of parliament by William, earle of Queensberry, bearing that the deceist Gilbert Richard of Barskiming, being intrusted as the petitioner's chamberlane and having had the trust of his peapers and management of his affairs, the petitioner, amongst other things, did intrust the said deceist Gilbert with ane band granted be him, blank in the creditor's name, to the effect that therupon he might borrow money for the petitioner's behoove, but, before borrowing of any such money, the said Gilbert did deceis leaving the said blank band and other peapers belonging to the petitioner amongst his oun writes, which falling into the hands of James Richard, his sone, were detained be him during his life, and since his deceis his children, being minors, are under the government of several tutors, the saids tutors had access to the chartor chist and cabinets wher the said blank band and other papers belonging to the petitioner did lye, and did find the same, and had the said band with other papers belonging to the petitioner in their hands and custody, and did shift and convey the same from hand to hand, wherupon the petitioner did intent a proces of reduction and improbation of the said band before the lords of session against James Richard, sone to the said James Richard, and Marion and Elizabeth Richards, his sisters, and alse against John, lord Bargany, Robert Hamilton of Pressmennan, John Hamilton of Barcleugh, David Boswell of Auchlinleck and James Johnstone, writer to the signet, tutours to the said children of the said deceist James Richard, in whose hands the said blank band once was, wherin they have suffered decreit of reduction to pass against them. But the petitioner is noways secured thereby, sieing the foirsaid band is yet keept up and conveyed from hand to hand, and may be filled up in the creditor's name at their pleasure, wherby the petitioner is extreamly prejudged, and cannot remeid himself in the common course of law before the judge ordinar; and sieing the foirnamed persons, in whose hands the said blank band and other writes belonging to the petitioner once were, or who shall have the same or have fraudfully abstracted and put the same away, at leist they know and were accessory to and did concurr at the conveyance of the said blank band, and did consult and advise as to the way and manner of keeping of and disposing upon the said band, and did common and conferr theranent, and therfore the foirnamed persons ought to condescend as to the methods and conveyance of the foirsaid blank band, and in whose hands and custody the samen now is, and should exhibit and produce the same blank-band in the creditor's name, at the least with ane assignation thereto from the person whose name is filled up therin, and the same should be delivered to the petitioner to be cancelled or declared void and null, or otherways the foirnamed persons, as they who were accessory and of the designe and knowledge of the conveyance and abstracting and away putting of the said blank bond, should be decerned and ordained validly to secure the petitioner against the same and against all dammage and prejudice that he may sustain therthrow, and to find sufficient caution to the petitioner for that effect; and therfere, humbly craving that a committee might be appointed to examine the said haill affair as to the conveyance of the said band and every thing relating therunto, and that the said chartor chist and haill writes pertaining to Barskiming might be searched and secured in manner under written. And accordingly, ther being a committee appointed to the effect foirsaid, and they haveing made their report, the king's majestie and estates of parliament having heard and considered the foirsaid petition, with the depositions of the Lord Bargeny and James Johnstone, writer, taken by the said committee and report foirsaid, doe grant warrant and commission to the sherif principal of the shire of Lanerick, and his deputs, in caice the said chartor chist of Barskiming be in that shire, and to the sherif principal of the shire of Air and his deputs if the same be in that shire, to open the said chartor-chist and to take inspection thereof, and if the blank-band above mentioned in the petition be found in the said chartor-chist, doe grant warrant to them to deliver up the said blank band to the earle of Queensberry, petitioner, and therafter to appoint the said chartor-chist to be sealled by [...] Hamiltone of Barncleugh.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act anent a custome upon the water of Nith

Extract. I.B.

The king's majestie and estates of parliament, having considered a petition presented by the noblemen and gentlemen of the sherifdome of Drumfries and Galloway, for themselves and in name of the haill inhabitants thereof, representing that the burgh of Drumfreis have been in use for a long tyme past to exact custom of all goods and bestiall that pass the river of Nith, not only at the bridge and toun of Drumfreis, but for the space of tuelve myles up and tuelve mylls doune the same, and ansuers made therto by the magistrats of Drumfreis, togither with ane signed agreement betuixt the saids parties anent the uplifting of the saids customs, doe statute and ordaine that, conform to the said agreement, the customs and impost of all goods and bestiall, as the same hes been in use to be exacted by the magistrats of the burgh of Drumfreis, shall be uplifted by them hereafter from Portractfoord exclusive dounward to the water mouth of Nith, for manteining the bridge of Drumfreis, and that at Portractfoord and all upwards to the March of Kyle shall hereafter be uplifted by such as shall be appointed by the earle of Queensberry and the commissioners of the shire for repairing and manteining the bridge of Drumlangrig, wherin the said burgh of Drumfreis is to have no interest.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act anent the salmond-fishing in the water of Nith

Our soveraigne lord, considering that the slaying of salmond in forbidden time is discharged by several acts of parliament, and that the salmond fishing within the water of Nith doeth differ much from any other salmond fishing within this kingdom, in regaird the salmond within that river does never begin to spawne till after the tuentieth day of October, and that the only proper time for salmond fishing within the said water of Nith is from the first of March to the first day of November; doe therefore, with advice and consent of the estates of parliament, hereby statute and ordain that, in all time coming, the salmond fishing within the said water of Nith shall begin upon the first day of March and continue to the first day of November yearly, and prohibits and discharges all slaying of salmond within the said water of Nith from the first day of November to the first day of March, under the pains contained in the former acts of parliament made anent slaying of salmond in forbidden times.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act in favours of the commissioners of the shire of Dumfreis, anent their fees

Anent a petition presented to the king's majestie and estates of parliament by Sir Robert Dalyell of Glennae and Robert Griersone of Lag, commissioners for the shyre of Dumfreis, bearing that in the yeer 1660, when the said shyre of Dumfreis were about the electing of commissioners to the then ensueing parliament, the freeholders of the shire did, for preventing the election of some persons at that time, enter into ane mutuall band by which these who were to be chosen as commissioners were oblidged to exact no commissioners' fees, and albeit the said band was never delivered nor designed to be made effectuall, but only to serve ane turne for the time, and that most of the freeholders did therafter meet and discharge the same, and have payed their commissioners' fees constantly since, yet the said band, having fallen in the hands of some malicious persons who have put the same in the register, the said band is frequently made use of for procureing of suspensions to such of the freeholders as are contentious and unwilling to pay the commissioners' fees of the said shire, conform to the act of parliament; and therfore, humbly craveing that the said band might be declared void and null, and that the freeholders might be declared lyable to pay to the petitioners their fees, conform to the act of parliament, and to any others to be elected commissioners for the said shyre in time coming, notwithstanding thereof. The king's majestie and estates of parliament, having heard and considered the foirsaid petition and report of the articles theranent, doe find that the band above mentioned was unwarrantable and, therfore, have rescinded and rescinds the same, as if the same had never been, and doe declare that the freeholders of the said shire of Dumfreis are lyable to pay the expences of the saids petitioners and of others who shall in time coming be elected commissioners for the said shire, conform to the act of parliament, notwithstanding of the foresaid band.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act declaring the suggar-works at Glasgow to be a manufactury

Forasmuch as ther being a petition presented to the king's majestie and estates of parliament be Frederick Hamilton and John Corse, for themselves, and in name and behalf of their partners, maisters of the tuo suggarworks at Glasgow, representing that upon the encouragement given to them be the acts of parliament made anent manufactories, they did imploy a great pairt of their stocks and fortunes in setting up the saids tuo works, which are now brought to that perfection that they are able and doe sell the suggar at a thrid part cheaper then the same can be imported from abroad, by which many people are keept at work, and a great stock of money, which used to be exported, keeped within the kingdom, and wheras, by the tuelt act of his majesties' last parliament, the former acts anent manufacturies are ratified and approven, and it is thereby declared and ordained that if any strangers shall come or be brought in to this kingdom by natives to set up work and teach his airt of makeing of cloath stuffs, stockings, soap or any kynd of manufacture, that he shall enjoy the benefite of law and all other privileges that a native doeth enjoy, with power to erect manufactures, either in burgh or land as they shall think fitt, and ther to dwell and exercise their trade without any stop or trouble, and that they shall have libertie and freedom of trade and to buy and purchase lands and heretages and all other goods moveable and immoveable, and all other privileges, liberties and capacities that doeth belong to any native subjects born within this kingdom, and for the further encouragement of manufactures all oyl, dying stuffs, forraign wooll, potashes or any other materials whatsoever usefull for manufactures that shall be imported, are declared to be free of custom and excise and all other publict dues in all time coming, and that all cloaths stuffs, stockings or any other commodities to be made and exported by them, shall be free of custome and excise for the space of 19 yeers after the date thereof; and it is furder declaired that any stock employed or to be employed for erecting and intertaining any manufactures, the same shall be free of all privat and publict taxes whatsoever and all quartering and levying of souldiers, and that all the servants of the saids manufactures shall be free of watching, warding, militia and levyes dureing their actuall service therein, for the space of seven years after the date of the said act; with power to the maisters, erectors or intertainers of the saids manufactures, to meet for making of ordinances for the right ordoring of their services, sufficiency of their stuffs, cloath and others and for appointing visitors of their work; and therefore, humbly supplicating that the saids tuo suggar-works might be declared to be manufactures and that they may have, possess and enjoy the haill freedoms, privileges and immunities contained in the saids acts of parliament, and particularly that the collectors, customers and waiters may be discharged from exacting of any custom, excise or other publict dues for any of the materialls necessar imported for the said manufactures in all time coming, or of any commodities as the product of the said manufacture, for the space of nineteen yeers after the dait heirof, conform to the said act of parliament; and that the maisters of the said manufacture may be allowed to grant transires for the product of the said manufactures without application to the custom-house of Glasgow. The king's majestie and estates of parliament, having heard and considered the foirsaid petition and report of the lords of the articles theranent, doe hereby declare the saids tuo suggar-works of Glasgow to be manufactures, and ordains the petitioners and their successors to have, possess and injoy the haill freedoms, privileges and immunities contained in the foirsaids acts of parliament, and discharges the collectors, customers and waiters present and to come from exacting of any custom, excise or other publict dues for any of the materialls imported for or made use of be the saids manufactures, in all tyme coming, or of any commodities being the product of the saids manufactures, for the space of nyntein years after the dait hereof, conform to the said act of parliament; and gives warrand to the maisters of the saids manufactures to grant transires for the product of the saids manufacturies, without necessity of any application to the custom-hous of Glasgow.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act declaring the woolen work of searge, called searge de Neim and other stuffs erected be James Armour, to be a manufactury

Forasmuch as ther being a petition presented to the king's majestie and estates of parliament be James Armour, younger, merchand in Glasgow, representing that upon the encouragement given to him be the acts of parliament anent manufacturies, and the late proclamation anent trade following therupon, he hath imployed a considerable part of his stock in setting up a work within the town of Glasgow for making that kind of searge which is comonly called searge de Neim and other stuffs of woolen, which hath this advantage of all other cloath manufacturies, that the same can be made of the grouth and product of the kingdom and by our oun countrymen; and whereas by the twelt act of his majesties' last parliament the former acts anent manufactories are ratified and approven, and it is thereby declared and ordained that if any strangers shall come or be brought into this kingdom by natives to set up work and teach his airt of making of cloath stuffs, stockings, soap or any kind of manufacture, that he shall enjoy the benefite of law and all other privileges that a native doeth enjoy, with power to erect manufactures, either in burgh or land as they shall think fit, and ther to dwell and exercise their trade without any stop or trouble, and that they shall have liberty and freedom of trade, and to buy and purchase lands and heretages and all other goods movable and immoveable and all other privileges, liberties and capacities that doeth belong to any native subject borne within this kingdom, and for the further encouragement of manufactures, all oyll, dying stuffs, forraign wooll, potashes or any other materials whatsoever usefull for manufactures that shall be imported, are declared to be free of custom and excise and all other publict dues in all time coming, and that all cloaths, stuffs, stockings or any other commodities made and exported by them shall be free of custome and excise for the space of nineteen years after the date thereof; and it is furder declared that any stock employed or to be employed for erecting and intertaining any manufacturies, the same shall be free of all privat and publict taxes whatsoever, and all quartering and levieing of souldiers, and that all the servants of the saids manufactures shall be free of watching, warding, militia and levies during their actual service therin, for the space of seven yeers after the dait of the said act, with power to the masters, erectors or intertainers of the saids manufactures to meet for making of ordinances for the right ordoring of their services, sufficiencie of their stuffs, cloath and others, and for appointing visitors of their work; and therfore, humbly supplicating that the said work for making searge de Neim and other stuffs of woolen, set up be the supplicant at Glasgow, might be declared a manufactury, that the petitioner, his airs and successors may have, possess and enjoy the haill freedoms, privileges and immunities contained in the saids acts of parliament. The king's majestie and estates of parliament, having heard and considered the foirsaid petition and report of the articles theranent, doe hereby declare the said work of making of searges and stuffs set up by the petitioner at Glasgow to be a manufactury, and ordains him, his airs and successors to have, possess and enjoy the haill freedoms, privileges and immunities contained in the saids acts of parliament, and discharges the collectors, customers and waiters present and to come from exacting of any custome, excyse or other publict dues for any of the materials imported for the said manufactury in all time coming, or of any commodities being the product of the said manufactory, for the space of nineteen years after the date heirof, conform to the said act of parliament.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act [and remit] in favours of the earle of Wintoun [and protest]

Anent a petition presented to the king's majesty and estates of parliament by George, earle of Wintoune etc., mentioning that in anno 1649 the rebells, who had power for the time, in revenge and resentment against the petitioner's family, for their duty to their soveraigne and adherence to his service, they did not only dissunite his lands of Wintoune from the paroch of Tranent, wher the petitioner's whole lands lye, and whereof he is patron, without any pretence of necessitie in regaird the toun and lands of Wintoun lye within a mile of the church of Tranent, but lykways, they were so unjust, that the pretended authoritie for that time did continue the proportion of the stipend formerlie payed for the petitioner's whole lands to the church of Tranent, but lykways they modified five hundred merkes to be payed to the minister of Pencaitland out of the lands of Wintoun, they being annexed to that paroch, which is above the value of the teynds of these lands, as also the pretended authority foirsaid, upon that same malice, allowed the petitioner's coal and casual rent to be valued in ordor to the bearing of publict burding, notwithstanding that no coal nor casualrent within that shire is valued, except the petitioner and his vassalls, and it is not the custome in other shires of the kingdom; as also, for the causes foresaid, the petitioner's land rent in East Louthian was overvalued above ane halfe, so that the petitioner bears double the burding which his nighbours payeth for the same rent, and all these sufferings, being the consequence and effects of the loyalty and faithfulnes of the petitioner's family, they ought in justice to be repaired; and therfore supplicating that the foirsaid act, dissuniting the lands of Wintoun from the paroch of Tranent and annexing the same to Pencaitland, might be rescinded, together with all other acts of ratification relative therto or wherby the former stipend payed to the church of Tranent was continued, and yet five hundred merks for the teynds of the lands of Wintoune were added to Pencaitland, so that now the paroch and stipend of Pencaitland might remain as formerly, and that it might be declared that the coal and casual-rent shall not be valued or lyable to publike burdings, and that commission might be granted for re-valuation and adjusting the petitioner's land-rent to ane equal rule and proportion in the rest of the shire. The king's majesty and estates of parliament, having heard and considered the foirsaid petition and report of the articles theranent, doe remitt the first part thereof anent the disjunction of the lands of Wintoun from Pencaitland and annexing the same to Tranent, to the commission for valuation of teynds, and doe remitt that pairt of the petition anent the re-valuation of the petitioner's lands to his majesties' privy councill, to doe therein as they shall find cause, and have excemed and exeem the petitioner's coal and salt from bearing any publict burding, provided always that the quota of the shire be keeped up.

The laird of Ormestoune, one of the commissioners for East Louthian, dissented from that part anent declaring of coal and salt free of publict burdings and desired his dissent might be marked.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act in favours of Lady Lockhart, against her sone

The king's majestie and estates of parliament, having considered a petition presented to them by Dame Rabina Seuster, alias Lockhart, relict of the deceist Collonell William Lockhart of Lee, representing that Cromuel Lockhart, her sone, refuises to satisfie the lyferent annuity provided to her by her deceist husband, as also to pay her any thing for the entertainment of his bretheren and sisters, whom, by the bands of provision granted to them, he is burthened to aliment, to which petition ansuears were given in by the said Cromuel Lockhart; and having considered the report of the lords of the articles in the said matter, doe find this to be a caice alimentary in regaird of the present condition of the Lady Lockhart, and therfore doe hereby ordaine the said Cromuel Lockhart presently to pay to the said Lady Lockhart the soume of three hundred pounds sterling of the bygone arreirs of the annuity provided to her by her husband, upon caution to refound the same in caice, upon event of the proces depending before the lords of session at the instance of the said Cromuel Lockhart against the said lady for her intromissions, it shall be found ther is not so much due by him to her (whilk caution is found accordingly) and ordains letters of horning upon a charge of six days to be direct hereupon and other executorialls as effeirs.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act [and remit] in favours of the toun of St Andrews, anent their stent

Anent a petition presented to the king's majesty and estates of parliament by the magistrats of the burgh of St Andrews, for themselves and in name and behalf of the remanent burgesses and inhabitants of the said burgh, bearing that wheras it is notourly knowen that the condition of the said toun is so low and the trade thereof so totallie decayed, by what it was of old when the stentrolls of the burrows were made, or the stent-rolls were last considered and helped, and albeit at that time their trade was someway considerable, yet the samen is now altogether gone and decayed, and hes been so thir many yeers agoe, whereby the toun is become pitifullie miserable, so it's impossible for them to pay that proportion of the publict burdings that is put upon them by the said stentroll, and far les will be able to continue in paying a further subsidie, for the necessary affairs of the kingdom which is now imposed by this present parliament, so that, if they be not helped as to that proportion, they will be utterly ruined and totally extinct, if ther be not special consideration taken by his majestie and estates of parliament as to the condition of this ancient and the most decayed burgh in Scotland, who hes had no trade thir many years bygone, otherwayes undoubtedly the toun will be necessitat to resigne their priviledges, sieing ther will be non found to undertake the magistracy of the place without they be protected from personal execution, whereas if they were equallie stented and a just proportion correspondent to their ability laid upon them, they ever were and yet are most willing to contribute what they are able for his majesties' interest and support of the government, as it shall be imposed by this present parliament; and therfore, humbly craving that recommendation might be granted and the petitioners authorized to the effect under written. The king's majestie and estates of parliament, having heard and considered the foirsaid petition and report of the articles theranent, doe remitt to the convention of burrows to consider the stent roll of the royal burrows and to adjust the petitioners' proportion in the same, according to their ability and trade, the total of the said stent roll remaining entire, and without diminution, and doe authorize and allow the magistrats and toun-councill of the said burgh of St Andrews to appoint stentmasters therein, in the same manner as is usuall in other burghs royal, notwithstanding of any particular custome in the said burgh to the contrair.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act for rectification of valuations and declaring coal and salt not to bear any part of the supplie

The king's majestie and estates of parliament, takeing to their consideration several petitions addressed to them complaining of the inequalitie of the valuation of lands in diverse shires, several lands being exorbitantly valued and others far below the true value, doe hereby authorize the lords of his majesties' privy council, upon application to be made to them by the commissioners of supply in any of the shires or major pairt of them, to grant warrand and commission to the commissioners of supply or excise, or such others as they shall think fitt, to take tryel of such inequal valuations and, after tryel, to revalue and rectifie the valuation of the shyre; and it is hereby declared that coal and salt is not to bear any pairt of the supplie, providing always that the total of the shire be keeped inteir, without any diminution. And his majesties' privy councill are hereby authorized to name and appoint commissioners of excise or supplie in the severall shires as they shall find cause, upon application of a quorum of the commissioners.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back
Act rescinding some articles of the regulation concerning advocats, clerks and writters

Our soveraigne lord, considering that the regulations were at first but the result of a commission, and were not for some years thereafter confirmed by act of parliament, and that dureing that time they, being proposed to the advocats, they did submitt to them in so far as concerned their allowances and honoraries, with ane express declaration that they should be no longer tyed thereby then till they were found inconvenient and rescinded by his majesty or a posterior law; and the tuenty-eight article of the saids regulations being found now to be inconvenient and a snare both to advocats and clients; therfore his majestie, with advice and consent of the estates of parliament, doe hereby rescind, cass and annull the foirsaid tuenty-eight article of the sixteinth act of the thrid session of his majesties' second parliament intituled, act concerning the regulation of judicatures, and all rules, articles, orders, allowances and ratifications wherupon the said act is founded, in so far as may be extended to the said tuentie-eight article, declareing the same void and null as to all effects in law. Likeas his majestie, with advice and consent foirsaid, rescinds and annulls the tuenty-nynth, threttieth and thretty-third articles of the said act of parliament, in so far as concernes the clerks of the session, clerks of the bills and writers to the signet.

  1. NAS. PA2/31, f.20v. Back
  2. NAS. PA2/31, f.21. Back
  3. NAS. PA2/31, f.21-21v. Back
  4. NAS. PA2/31, f.21v-22. Back
  5. Sic. 'connive'. Back
  6. NAS. PA2/31, f.22. Back
  7. In margin. Back
  8. NAS. PA2/31, f.22v. Back
  9. NAS. PA2/31, f.22v. Back
  10. NAS. PA2/31, f.22v-23. Back
  11. NAS. PA2/31, f.23v. Back
  12. NAS. PA2/31, f.24. Back
  13. Sic. Tranent . Back
  14. NAS. PA2/31, f.24v. Back
  15. NAS. PA2/31, f.24v-25. Back
  16. NAS. PA2/31, f.25. Back
  17. NAS. PA2/31, f.25. Back