At Edinburgh 8 July 1663

Legislation
Act in favour of minors, anent the duties of the lands comprised from them

Our sovereign lord, considering the favourable condition of minors who are often destitute of tutors and curators and, though they have them, yet in respect of their minority they are not in capacity or credit to raise sums of money for satisfaction of their creditors, and it being unreasonable that their creditors and comprisers of their estate, should, during the not expiring of the legal reversion, which according to law continues during their minority, have more advantage by their estate than corresponds to the annualrent of the true sums owing to them, by virtue of their comprisings, does, with advice and consent of his estates of parliament, ratify and approve the act of parliament made in August 1621, chapter 6 in so far as the same concerns minors; and declares that the true meaning thereof was and is that minors, having right to the legal reversion, should be no further obliged during their minority of 21 years of age, but only for the annualrent of the sums contained in the comprisings, and that they lose not the right of the surplus of the mails and duties of the lands so far as the same exceeds the said annualrents during their said minority.

  1. NAS. PA2/28, f.82. Back
  2. NAS. PA2/28, f.82v. Back
  3. NAS. PA2/28, f.82v-83. Back
  4. NAS. PA2/28, f.83-84. Back
  5. 'whereby his majesty ordains the foresaid letter' is deleted. Back
  6. NAS. PA2/28, f.84-84v. Back
  7. NAS. PA2/28, f.84v. Back
  8. 'Rachel Kinnear' inserted in APS. Back
  9. 'late minister at Monkeigie' inserted in APS. Back
Act allowing the inhabitants of Shetland to import foreign drinking beer for one year

The estates of parliament, having heard a supplication presented to them in name of the inhabitants of the island of Shetland, showing that through the barrenness of the soil of that island, it being upon the remotest coast of this kingdom, the petitioners are not able to subsist amongst themselves without trading with foreigners, and that, in consideration thereof, it pleased his majesty and estates of parliament, by an act of 5 September last, to grant them liberty to trade and traffick with foreigners as formerly, until the act anent fishing were put in practise, but now there being an act to be passed in this session of parliament discharging the importing of beer and strong waters within this kingdom, under the pains to be mentioned in the act, the petitioners will not be able to subsist if the said act is extended against them, especially seeing trafficking with foreigners is the only means of their livelihood; therefore, humbly desiring liberty to trade with foreigners as well for importing and vending of beer and strong waters as other commodities, until the act anent fishing be put into practise, which being taken into consideration, the king's majesty and estates of parliament allow the supplicants to trade with strangers for importing of beer for the space of one year after the date hereof, and so long thereafter as the lords of his majesty's privy council shall think fit.

  1. NAS. PA2/28, f.82. Back
  2. NAS. PA2/28, f.82v. Back
  3. NAS. PA2/28, f.82v-83. Back
  4. NAS. PA2/28, f.83-84. Back
  5. 'whereby his majesty ordains the foresaid letter' is deleted. Back
  6. NAS. PA2/28, f.84-84v. Back
  7. NAS. PA2/28, f.84v. Back
  8. 'Rachel Kinnear' inserted in APS. Back
  9. 'late minister at Monkeigie' inserted in APS. Back
Charter: ratification
Act ratifying the remission to George Campbell

Our sovereign lord, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms his majesty's letter of pardon and grace passed under his majesty's royal hand in favour of George Campbell in Inveraray, late sheriff depute of Argyll, of the date at Whitehall, 22 March 1661, with the act of parliament following thereon in favour of the said George, dated 3 April the same year, together with his majesty's remission, pardon and indemnity passed and expedited under his majesty's great seal in favour of the said George Campbell, of the date at Whitehall, 16 January 1663, whereby his majesty has not only ratified and approved his majesty's said letter of pardon and grace and act of parliament following thereupon in favour of the said George Campbell, but also, for the said George, his heirs and successors their further security, has of new pardoned, indemnified, remitted and fully and freely for ever acquitted and discharged the said George Campbell, his heirs and successors of and for all treasons, transgressions, delinquencies, crimes, faults and offences and all other actings whatsoever, speeches, writings, letters, deeds, attempts, projects, councils or designs done, committed, spoken, written or in any way practised by the said George Campbell, or with which he has been in any way aiding, abating, countenancing, consenting, advising, commanding, counselling, permitting, concealing or any other way accessory, art or part, directly or indirectly, in any capacity whatsoever, public or private, civil, military or otherwise in any place of Scotland, against or in prejudice of his majesty, or of his royal father, of blessed memory, or any other of his royal predecessors, or any of his majesty's subjects during the whole troubles within the said kingdom of Scotland, from the month of July 1637 until 24 May 1660, in all and sundry heads, articles and clauses thereof whatsoever. And his majesty, with advice and consent of the said estates of parliament, does hereby declare this present general ratification to be as valid, effectual and sufficient in all respects, as if his majesty's said letter of pardon and grace, act of parliament following thereon and remission, passed under his majesty's great seal, were word for word inserted herein. And further, his majesty, with advice foresaid, restores and reinstates the said George Campbell entirely against that act and sentence passed in the late session of parliament declaring him fugitive for non-compearance and against all that has followed or may follow thereupon, and in pursuance thereof his majesty, with advice and consent foresaid, does hereby give, command and warrant to macers or messengers of arms to pass to the market cross of Edinburgh, and there, in his majesty's name and authority, relax the said George Campbell from the pretended horning used against him for his non-compearance, as said is, and receive him to his majesty's peace again, and declare him free of all that has passed against him in the said matter, as being now fully and freely pardoned and indemnified by his majesty and received into his majesty's grace and favour.

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  2. NAS. PA2/28, f.82v. Back
  3. NAS. PA2/28, f.82v-83. Back
  4. NAS. PA2/28, f.83-84. Back
  5. 'whereby his majesty ordains the foresaid letter' is deleted. Back
  6. NAS. PA2/28, f.84-84v. Back
  7. NAS. PA2/28, f.84v. Back
  8. 'Rachel Kinnear' inserted in APS. Back
  9. 'late minister at Monkeigie' inserted in APS. Back
Legislation
Act for annexing the kirks of the deanery of St Andrews

Our sovereign lord, with advice and consent of his majesty's estates of this present parliament, ratifies and approves a signature superscribed by his majesty, with the letter to be expedited thereupon under his majesty's great seal of this his ancient kingdom, in favour of the dean of the chapter of the archbishopric of St Andrews, and his successors deans thereof, of the parsonage of Kinkell, consisting of the several parish churches under written, to wit: the churches of Kinkell, Drumblade, Kintore, Skene, Kinellar, Dyce and Kemnay, parsonage and vicarage teinds thereof and whole profits and emoluments belonging thereto, lying within the sheriffdom of Aberdeen, vacant in his majesty's hands and at his majesty's gift and donation as undoubted patron of the foresaid parsonage by the death of Mr James Gordon, last parson of Kinkell, and whereby his majesty ordains the foresaid letter to be passed under his majesty's great seal of this his kingdom, suppressing the foresaid benefice and parsonage of Kinkell, and dissolving, as his majesty, by the foresaid letter, dissolves from the same the kirks above-mentioned and teinds thereof, with the whole patrimony belonging to the foresaid parsonage of Kinkell, both spirituality and temporality, and whole patronages and others pertaining thereto, to the effect the same may be incorporated and annexed to the foresaid deanery of St Andrews, to be a part of the patrimony of the dean thereof and his successors, from time to time in all time coming, which parsonage of Kinkell consisting of the kirks above expressed, parsonage and vicarage teinds thereof, and whole profits and emoluments belonging thereto, and patronage of the same kirks; and all other patrimony both spirituality and temporality belonging to the foresaid parsonage of Kinkell his majesty, by the foresaid signature, annexed to the said deanery of St Andrews, to remain with the dean thereof and his successors as a part of the patrimony of the same, in all time coming. And in testimony thereof, his majesty made and constituted the present dean of St Andrews and his successors undoubted patrons of the whole kirks respectively above-mentioned, with full power and commission to them, whensoever any of the same kirks shall become vacant by death, demission, transplantation, deprivation or any other way whatsoever, to nominate and present persons fit and qualified for the ministry at the foresaid respective churches or any of them that shall happen to become vacant for the time, and to the manse, glebe and stipend thereof, modified or to be modified, provided that the nomination and presentation of persons to any of the said kirks is with the express consent of [James Sharp], archbishop of St Andrews and his successors, without which that nomination or presentation by the dean and his successors shall not be valid or have any effect to the person presented, and upon whose presentation, as aforesaid, his majesty requires the bishop of the diocese of Aberdeen for the time to grant admission to such persons as shall be presented by the said dean or his successors, as they shall be found qualified, and that in the ordinary way used in the like, without trouble or delay, and with command therein to the lords of council and session to grant letters of horning, upon a simple charge of ten days only, and other letters and executorials needful, as appropriate, at the instance of the said dean of St Andrews and his successors deans thereof, against all and sundry heritors, feuars, farmers, tenants, tacksmen, liferenters, rentallers and others due and liable in payment of the whole parsonage and vicarage teinds of the whole kirks respectively above-written, for causing of the said present dean during his lifetime and, after his death, his successor deans, their factors and servitors in their names, to be answered, obeyed and paid thereof over and above the stipends due or which shall be due to the minister who shall serve the cure thereat, and that of this instant crop and year of God 1663 years, and likewise yearly and termly in time coming, as the foresaid signature ordaining this present act to be passed in manner underwritten, dated at Whitehall 2 June last past, at more length purports, in all and sundry points, articles and clauses thereof, after the form and tenor of the same. And further, his majesty, with consent foresaid, suppresses and dissolves the whole kirks above-specified, parsonage and vicarage thereof and patronage of the same, from the parsonage above-rehearsed, and incorporates and annexes the same in and to the foresaid deanery of St Andrews perpetually in all time coming, to be bruiked and enjoyed by the dean thereof from time to time as is above-expressed and, if need be, ordains his majesty's treasurer principal and deputy and remaining commissioners of his majesty's exchequer of this his ancient kingdom, to pass a new signature of these matters upon the foresaid suppression, dissolution and annexation in favour of the said dean of St Andrews and his successor deans thereof, in due and competent form.

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  2. NAS. PA2/28, f.82v. Back
  3. NAS. PA2/28, f.82v-83. Back
  4. NAS. PA2/28, f.83-84. Back
  5. 'whereby his majesty ordains the foresaid letter' is deleted. Back
  6. NAS. PA2/28, f.84-84v. Back
  7. NAS. PA2/28, f.84v. Back
  8. 'Rachel Kinnear' inserted in APS. Back
  9. 'late minister at Monkeigie' inserted in APS. Back
Act in favour of merchants in Glasgow dispensing with trading in foreign bottoms for arrears

The estates of parliament, having heard a supplication presented by the merchants venturers in the city of Glasgow, mentioning that his majesty and estates of parliament, by the 44th act of the first session of this present parliament entitled, act for encouraging of shipping and navigation, do statute and ordain that no goods or commodities whatsoever that are of foreign growth, product or manufactory, which are brought to Scotland or any of the isles thereof, should be shipped or brought from any other part, but only from the place where these commodities do grow, are produced and made or from the parts where the said goods commonly are or usually have been first shipped for transportation, and from no other place or country, and in no other ships or vessels but such as do only and truly belong to the kingdom of Scotland, and whereof the master or three fourth parts of the mariners are natives and inhabitants within the same, or at least in such ships and vessels as do only and truly belong to and are of the build of these kingdoms where the said commodities do grow, are made and produced, under the pain of confiscation of all such goods as shall be imported from any other place or country or in any other ship or vessel contrary to the true intent and meaning of the foresaid act, and also under the pain of confiscation of the ship or vessel within which they shall be imported, with her whole furniture, goods, tackling and ammunition, the one half to his majesty and the other half to those who shall discover the contraveners, as at more length is contained in the foresaid act; and the petitioners and several others of his majesty's good subjects, in consideration of the foresaid act and being confident of the due execution thereof, have gone about to expend the most part of their fortunes for building of ships and advancing of trades, notwithstanding whereof several strangers and others, and specially Dutchmen, have imported several commodities and goods in Dutch vessels on the River Clyde and other parts, and have broken, bulk, sold and made use of the said commodities, and the petitioners, being about to put into execution against them the tenor of the foresaid act, have been opposed by those who bought the said goods and others concurring with the Dutchmen, so that the petitioners are likely to be ruined in their fortunes, there being ten or twelve new vessels already built and in building belonging to the city of Glasgow, unless remedy is provided by appointing some effectual course whereby the foresaid act may be put into execution; humbly therefore, desiring his majesty and estates of parliament to renew the former act of parliament above-mentioned, and to give order in manner underwritten. Which supplication, with the report of the lords of the articles and such as were appointed by them to consider the same, being this day returned and at length heard and considered in parliament, the king's majesty, with advice and consent of his estates of parliament, does ratify and approve of the former act of parliament anent navigation, and ordains his majesty's admiral and his deputes and all magistrates of burghs, justices of peace and others of his majesty's ministers and lieges, to assist any who shall apprehend and seize any of the goods or vessels importing any goods or commodities contrary to the tenor of the act of parliament above-mentioned, and secure the same until it is declared prize before his majesty's exchequer, provided always, likewise it is hereby declared, that this act is only to be made use of for the time to come, and not to be extended against any ships or goods brought in before the date hereof, or which were freighted, bought or bargained for before the date hereof. And further, his majesty, for encouraging of trade, does, with advice foresaid, hereby discharge the granting of any licences for importing of goods contrary to the act of parliament above-mentioned.

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  2. NAS. PA2/28, f.82v. Back
  3. NAS. PA2/28, f.82v-83. Back
  4. NAS. PA2/28, f.83-84. Back
  5. 'whereby his majesty ordains the foresaid letter' is deleted. Back
  6. NAS. PA2/28, f.84-84v. Back
  7. NAS. PA2/28, f.84v. Back
  8. 'Rachel Kinnear' inserted in APS. Back
  9. 'late minister at Monkeigie' inserted in APS. Back
Procedure: protection granted

Personal protection granted to Mr Robert Hodge until 1 August next to come.

  1. NAS. PA2/28, f.82. Back
  2. NAS. PA2/28, f.82v. Back
  3. NAS. PA2/28, f.82v-83. Back
  4. NAS. PA2/28, f.83-84. Back
  5. 'whereby his majesty ordains the foresaid letter' is deleted. Back
  6. NAS. PA2/28, f.84-84v. Back
  7. NAS. PA2/28, f.84v. Back
  8. 'Rachel Kinnear' inserted in APS. Back
  9. 'late minister at Monkeigie' inserted in APS. Back
Warrant

Warrant for payment of £100 sterling modified to the widow and children of Mr William Maitland, a suffering minister, to be paid out of the first and readiest of the vacant stipends.

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  2. NAS. PA2/28, f.82v. Back
  3. NAS. PA2/28, f.82v-83. Back
  4. NAS. PA2/28, f.83-84. Back
  5. 'whereby his majesty ordains the foresaid letter' is deleted. Back
  6. NAS. PA2/28, f.84-84v. Back
  7. NAS. PA2/28, f.84v. Back
  8. 'Rachel Kinnear' inserted in APS. Back
  9. 'late minister at Monkeigie' inserted in APS. Back
Procedure: adjournment

The lord commissioner adjourns the parliament until Friday at 2 o'clock in the afternoon.

  1. NAS. PA2/28, f.82. Back
  2. NAS. PA2/28, f.82v. Back
  3. NAS. PA2/28, f.82v-83. Back
  4. NAS. PA2/28, f.83-84. Back
  5. 'whereby his majesty ordains the foresaid letter' is deleted. Back
  6. NAS. PA2/28, f.84-84v. Back
  7. NAS. PA2/28, f.84v. Back
  8. 'Rachel Kinnear' inserted in APS. Back
  9. 'late minister at Monkeigie' inserted in APS. Back