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B05252 Laws and acts past in the second [i.e. third] session of the first Parliament, of our most high and dread soveraign, Charles the second, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith. Holden at Edinburgh, from the eighteenth of June, 1663. to the ninth of October thereafter, on which day the Parliament was dissolved; by a noble lord, John Earl of Rothes, Lord Lefly and Bambreith ... / with special advice and consent of the Estates of Parliament.; Laws, etc. Scotland.; Rothes, John Leslie, Earl of, 1630?-1681.; Scotland. Convention of Estates. 1663 (1663) Wing S1273A; ESTC R183990 41,021 57

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of which the grass for one horse and two kine may be designed or otherwayes if the saids Kirk-lands be arable Land in either of these cases Ordains the Heretors to pay to the Minister and his Successors yearly the sum of twenty pounds Scots for the said grass for one horse and two kine the Heretors alwayes being relieved according to the Law standing of other Heretors of Kirk-lands in the said Paroch And because several Kirks have no Glebs as yet designed to them it is hereby specially provided that in all designations of Glebs Incorporat-acers in Village or Town where the Heretor hath houses and gardens the same shall not be designed he alwayes giving other Lands nearest to the Kirk And His Majesty with advice foresaid for special causes and considerations Declares that this present Act as to the Manses is to have force as the same had been made and dated the fourteenth of March one thousand six hundred and fourty nine XXI ACT anent comprisings OUr Soveraign Lord considering that since the first day of January one thousand six hundred and fifty two before the making of the sixty two Act of the first Session of this Parliament entituled Act for ordering the paiment of Debts betwixt Creditor and Debitor divers persons having right by posterior Comprisings to the legal reversion of the first Comprising deduced of their Debitors Estate have according to the Law then in force redeemed or satisfied the first Comprising and acquired the right thereof for their own better security lest the legal reversion of the first Comprising should have expired to their prejudice And whereas by an Clause of the foresaid Act of Parliament it is Ordained That all Comprisings led since the said first day of January one thousand six hundred and fifty two within year and day of the first effectual Comprising shall come in pari passu together in maner and upon the provisions mentioned in the said Act Which Clause as it is most just as to all Comprisings led and standing un-redeemed and un-satisfied by the subsequent Comprisers having right to the legal reversion So it were unjust to prejudge those who for their own security have redeemed or satisfied the first Comprising as said is according to the Law then standing Therefore His Majesty with advice and consent of the Estates of Parliament Declares That albeit the foresaid Act was made ad praeterita to regulate the diligence used by Comprisings at the instance of the Creditors Yet it was no wayes their meaning to prejudge posterior Comprisers who bona side for their own security and for preventing the hazard of the expiration of the legal reversion of the first Comprising did redeem or satisfie the same And therefore it is Statute and Ordained That the saids second Comprisers shall no wayes be prejudged of the right of the foresaid first Comprising redeemed and satisfied by them Declaring nevertheless that as to the second or posterior Comprising standing in the parties person who satisfied the first the same shall only come in with the rest of the Comprisers pari passu as it is provided by the foresaid Act. As likewayes Declaring That these presents be no wayes extended to any Comprisings satisfied by the second Comprisers since the making of the foresaid Act of Parliament or to be satisfied in time coming XXII ACT anent Sentences of Excommunication OUr Soveraign Lord considering that the proviso in the twenty fifth Act of the first Session of Parliament entituled Act for denounceing of excommunicate persons anent the exhibiting the Process and Sentence of excommunication before the Lords of Session to the end they might consider the legality of the Process and grounds whereupon the Sentence proceeded before any Letters of denunciation should pass against excommunicat persons was concluded before the restauration of the Bishops and is prejudicial and derogatory to the jurisdiction of Ecclesiastical Authority as it is now established Doth therefore with advice and consent of His Estates of Parliament Retreat and Rescind the said proviso and Declares the same to be void and null XXIII ACT for additional provision in favours of the Vniversities OUr Soveraign Lord and the Estates of Parliament taking into serious consideration the condition of the several Universities of this Kingdom And finding that the present mean and incompetent provision of the Masters and Professors thereof is so prejudicial to the flourishing of these Seminaries of Church and State that unless some considerable Augmentation be setled upon them for their encouragment the ablest and fittest persons of ingenious spirits and education will shun and avoid the undertaking of Functions in Universities for want of such ingenuous means as should invite entertain encourage and obliege men sufficient for such laborious imployments to the great decay of Learning and detriment of all ranks of Persons in the Kingdom For preventing and remeeding whereof there being an expedient proposed that the Archbishops and Bishops and the rest of the inferiour Clergy may allow some part yearly of their Rents Benefices and Maintenance for the space of five years to come as an exemplary testimony of their piety and zeal for the advancement of Learning and Religion Therefore His Majesty with advice and consent of the Estates of Parliament Doth Statute and Ordain That for the cropts and years one thousand six hundred and sixty four one thousand six hundred and sixty five one thousand six hundred and sixty six one thousand six hundred and sixty seven and one thousand six hundred and sixty eight there be raised yearly out of the Rents of ilk Archbishop and Bishop the sum of fifty pounds for every thousand merks of the said Revenues and the sum of fourty pounds out of every thousand merks of the Stipends or Benefices of every Minister and so proportionable six of the hundred as the Benefice or Stipend shall be valued to be more or less by the Bishops of the Diocesses And that the saids several proportions payable by the Bishops shall be yearly given in to the Archbishops of the respective Provinces or such as shall have warrand from them and that the saids several proportions payable by Ministers shall be yearly given in to the Bishops of the respective Diocess or such as shall have warrand from them and for whom the saids Bishops shall be countable Which sums so to be raised shall be distributed to the several Universities according to those proportions which shall be assigned by His Majesty by a Committee to sit at Edinburgh consisting of the Archbishops of St. Andrews and Glasgow and the Bishops of Edinburgh and Aberdeen and four others whereof one to be nominate by the Visitors of the University of St. Andrews and another by the Visitors of the University of Glasgow the third by the Visitors of Aberdeen the fourth by the Council of Edinburgh Hereby authorizing the Archbishop of St. Andrews and in his absence the Archbishop of Glasgow to preside in the said Committee and to appoint their
Kingdom being still more and more sensible of this their happiness by the often and renewed expressions of His Majesties grace and favour and of His tenderness and care of their perservation in the peaceable and secure enjoyment of their Religion Laws Liberties and Properties Do find themselves the more oblieged to renew the expressions of their duty and loyalty to His Majesty And therefore the Estates of Parliament of this His Majesties ancient Kingdom of Scotland do in name and behalf of all His Majesties good Subjects within the same by these presents renew the dutifull tender of their lives and fortunes for the promoving of His Majesties Service and the advancement of His Royal Authority And as they do chearfully recognosce His Majesties Royal Prerogative and undoubted Right of the sole power of raising arming and commanding of His Subjects So in a further acknowledgement of their duty they do make humble and hearty offer to His Majesty of twenty thousand Foot-men and two thousand Horse-men sufficiently armed and furnished with fourty dayes provision to be raised from the several Shires of the Kingdom according to the proportions following viz. From the Shires of Roxburgh and Selkirk one thousand three hundred thirty three Foot and one hundred fourty eight Horse From the Shire of Berwick eight hundred Foot and seventy four Horse From the Shire of Edinburgh eight hundred Foot and seventy four Horse From the Shire of Haddingtoun eight hundred Foot and seventy four Horse From the Shire of Peebles two hundred sixty six Foot and twenty nine Horse From the Shire of Linlithgow three hundred thirty three Foot and fourty two Horse From the Burgh of Edinburgh Lieth and Canongate eight hundred Foot From the Shire of Dumfries eight hundred Foot and eighty eight Horse From the Shire of Wigtoun eight hundred Foot and eighty eight Horse From the Shires of Air and Renfrew one thousand three hundred thirty three Foot and one hundred seventy six Horse From the Shire of Lanerick one thousand Foot and one hundred fourty eight Horse From the Shires of Stirling and Clackmannan six hundred sixty six Foot and eighty eight Horse From the Shires of Fife and Kinross one thousand six hundred Foot and one hundred seventy six Horse From the Shire of Perth one thousand six hundred Foot and one hundred seventy six Horse From the Shire of Forfar one thousand Foot and one hundred and three Horse From the Shire of Kincardin and Marshals part of Aberdeen eight hundred Foot and seventy four Horse From the rest of Aberdeen and Shire of Bamff one thousand sixty six Foot and one hundred seventy six Horse From the Shires of Elgin Nairn and this side of Ness one thousand Foot and eighty eight Horse From the Earl of Seafort and Lord Lovat their division of Innerness six hundred sixty six Foot and eighty eight Horse From the Shires of Sutherland and Caithness and the rest of Innerness one thousand sixty six Foot and eighty eight Horse From the Shires of Argyl Dumbartoun and Bute eight hundred Foot From the Shire of Orknay six hundred sixty six Foot Which Forces are to be in readiness as they shall be called for by His Majesty to march to any part of His Dominions of Scotland England or Irland for suppressing of any forreign invasion intestine trouble or insurrection or for any other service wherein His Majesties Honour Authority or Greatness may be concerned And for the better prosecution hereof the Estates of Parliament do humbly entreat His Majesty may be graciously pleased to give Commissions to such persons to be general Officers Colonels Lieutenant colonels Majors and Rute-masters as His Majesty in His Royal judgment shall think sit and for the other Officers or any other thing fitting to be done for perfecting of the Levies and carrying on of this business they do humbly recommend to His Majesty to give His direction therein to His Privy Council who are hereby impowered with Commission and Authority for the ordering disposing and sole managing of this Affair in such a way as this dutifull offer of the Parliament of His Majesty may be made most effectual and according to the instructions and commands they shall receive from His Majesty And the Estates of Parliament do Declare that if His Majesty shall have further use of their service this Kingdom will be ready every man betwixt sixty and sixteen to joyn and hazard their lives and fortunes as they shall be called for by His Majesty for the safety and preservation of His sacred Person Authority and Government XXVI ACT asserting His Majesties Prerogative in the ordering and disposal of Trade with forraigners THe Estates of Parliament considering that during the late troubles divers invasions were made upon the Royal Prerogatives of the Crown and that in a just abhorrence thereof and in a due sense of the happiness they enjoy under His Majesties Government they are oblieged in all occasions to vindicate and assert the same in the several branches thereof And since the ordering and disposal of Trade with forraign Countries and the laying of restraints and impositions upon forraign imported Merchandizes is by the Law of Nations acknowledged to be proper to and inherent in the persons of all free Princes as an undoubted Prerogative of the Crown They therefore in a dutifull and humble recognizance of His Majesties Prerogative-royal do Declare That the ordering and disposal of Trade with forraign Nations and the laying of restraints and impositions upon forraign imported Commodities doth belong to His Majesty and His Successours as an undoubted Priviledge and Prerogative of the Crown and that by vertue thereof they may lay such impositions and restraints upon imported forraign Commodities and so order and dispose upon the Trade of them as they shall judge fit for the good of the Kingdom Likeas the King's Majesty with advice and consent of His Estates in Parliament doth hereby Rescind and Annull all Acts Statutes Constitutions and Customs to the contrary and Declares the same void and null in all time coming XXVII COMMISSION for the plantation of Kirks and valuation of Teinds THe King 's most Excellent Majesty being desirous to prosecute the work of valuation of Teinds and plantation of Kirks in reference to His own interest for the annuity and the universal good of His people especially for the incouragement of the Ministers of the Gospel Doth with advice and consent of His Estates of Parliament Ratifie and Approve the nineteenth Act of the Parliament holden at Edinburgh by His Royal Father of blessed memory in anno one thousand six hundred and thirty three entituled Commission for valuation of Teinds in the whole heads clauses and conditions thereof except in so far as there hath been any alterations made therein by Acts and Commissions made and granted by His Majesty since the date of the said Act or granted by any pretended Parliaments since and which are Ratified Salved or Reserved by this present Parliament and which alterations are
LAWS and ACTS Past in the second SESSION of the first PARLIAMENT Of our most High and Dread SOVERAIGN CHARLES THE SECOND By the Grace of GOD King of Scotland England France and Ireland Defender of the Faith Holden at Edinburgh from the eighteenth of June 1663. to the ninth of October thereafter on which day the Parliament was dissolved By a Noble Lord John Earl of Rothes Lord Lesly and Bambreith His MAJESTIES Commissioner for holding of the same by vertue of a COMMISSION under His MAjESTIES Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent MAjESTY Anno Dom. 1663. CUM PRIVILEGIO HONI SOIT QVI MAL Y PENSE LAWS and ACTS past in the third Session of the first PARLIAMENT of our most High and Dread Soveraign CHARLES the Second by the grace of GOD King of Scotland England France and Ireland Defender of the Faith Begun at Edinburgh upon the eighteenth of June 1663. and continued to the ninth of October thereafter I. ACT against separation and disobedience to Ecclesiastical Authority FOrasmuch as the King's Majesty considering the prejudices which did ensue to the Church and Protestant Religion to the Prerogative of the Crown to the Authority of Parliament to the Liberties of the Subject and to the publick Laws and Peace of the Kingdom by the invasions made upon Episcopal Government during the late troubles And finding that Government to be the Church-government most agreeable to the Word of GOD most convenient and effectual for preservation of Truth Order and Unity and most suteable to Monarchy and to the Peace and Quiet of the State Hath therefore with advice and consent of His Estates of Parliament by several Acts past in the second Session of this Parliament restored the Church to it 's ancient and right Government by Archbishops and Bishops and hath redintigrated the estate of Bishops to the exercise of their Episcopal Function and to all the Priviledges Dignities Jurisdictions and Possessions due and formerly belonging thereunto And in further order to the settlement of the Church and bringing the Ministers to a due acknowledgment of and complyance with the Government thereof thus established by Law His Majesty with advice foresaid hath also Statute and Ordained That all these Ministers who entered to the Cure of any Paroch without Right or Presentations from the lawfull Patrons in and since the year one thousand six hundred and fourty nine and should not betwixt and the twentieth of September last obtain Presentations from their several Patrons and Collation from the Bishop of the Diocess where they lived should have no right to the uplifting the Rents of any Benefice or Stipend for the year one thousand six hundred and sixty two but that their Places Benefices and Kirks should be ipso jure vacand And that what ever Ministers should without a lawfull excuse to be admitted by their Ordinary absent themselves from the diocesian Assembly or who should not concur in all the Acts of the Church-discipline as they should be thereunto required by the Archbishop or Bishop of the Diocess should be for the first fault suspended from their Office and Benefice till the next diocesian Meeting and if they amend not should be deprived and the Church and Benefice to be provided as in other cases of vacancies And the King's Majesty having resolved to conserve and maintain the Church in the present State and Government thereof by Archbishops and Bishops and others bearing office therein and not to endure nor give way or connivance to any variation therein in the least Doth therefore with advice and consent of His Estates conveened in this third Session of His Parliament Ratifie and Approve the aforementioned Acts and all other Acts and Laws made in the two former Sessions of Parliament in order to the settling of Episcopal Dignity Jurisdiction and Authority within this Kingdom and Ordains them to stand in full force as publick Laws of the Kingdom and to be put to further execution in all points conform to the tenor thereof And in pursuance of His Majesties Royal resolution herein His Majesty with advice aforesaid doth recommend to the Lords of His Majesties Privy Council to take speedy and effectual course that these Acts receive ready and due obedience from all His Majesties Subjects And for that end that they call before them all such Ministers who having entered in or since the year one thousand six hundred and fourty nine and have not as yet obtained Presentations and Collations as aforesaid yet dared to preach in contempt of the Law and to punish them as seditious persons and contemners of the Royal Authority As also that they be carefull that such Ministers who keep not the diocesian Meetings and concur not with the Bishops in the Acts of Church-discipline being for the same suspended or deprived as said is be accordingly after deprivation removed from their Benefices Glebs and Manses and if any of them shall notwithstanding offer to retain the possession of their Benefices or Manses that they take present course to see them dispossest and if they shall thereafter presume to exercise their Ministry that they be punished as seditious persons and such as contemn the Authority of Church and State And as His Majesty doth expect from all His good and dutifull Subjects a due acknowledgment of and hearty complyance with His Majesties Government Ecclesiasticall and Civil as it is now established by Law within this Kingdom and that in order thereunto they will give their chearful concurrence countenance and assistance to such Ministers as by publick Authority are or shall be admitted in their several Paroches and attend all the ordinary Meetings for divine Worship in the same So His Majesty doth Declare That He will and doth account a with-drawing from and not keeping and joyning in these Meetings to be seditious and of dangerous example and consequence And therefore and for preventing the same for the future His Majesty with advice and consent of His Estates in Parliament doth hereby Statute Ordain and Declare That all and every such person or persons who shall hereafter ordinarily and willfully withdraw and absent themselves from the ordinary Meetings of divine Worship in their own Paroch Church on the Lords-day whether upon account of Popery or other disaffection to the present Government of the Church shall thereby incur the pains and penalties under-written viz. Each Nobleman Gentleman and Heretor the loss of a fourth part of ilk years Rent in which they shall be accused and convicted and every Yeoman Tennent or Farmer the loss of such a proportion of their free moveables after the payment of their Rents due to their Master and Land-lord as His Majesties Council shall think fit not exceeding a fourth part thereof and every Burgess to lose the liberty of Merchandizing Trading and all other Priviledges within Burgh and fourth part of their
diets of meeting from time to time and the Committee to take care that the sums thus allotted shall be put into a Stock and setled upon Land or otherwayes by advice of the respective Bishops who are Chancellors of the saids Universities and Ordains the Annual-rent of the said Stock to be proportioned to the Masters and Professors of each University as the Visitors thereof shall appoint And further His Majesty and Estates foresaid do Ordain that Stipends and all Benefices of Kirks that shall vaik after the first day of February in this following year of God one thousand six hundred and sixty four for the space of seven years next there-after shall be up lifed by Collector thereof and imployed by him in the maner and according to the proportions above-specified for encreasing of the Stock of each University Declaring that the fifty two Act of the first Session of this Parliament Concerning the disposal of vacand Stipends shall be of no force during the space of the years foresaid And Ordains Letters of Horning and Poinding and all other execution necessary to be directed at the instance of the saids Bishops or any to be appointed by them and at the instance of the said Collector for the more speedy in-bringing of the sums respective above-mentioned Further His Majesty and the Estates of Parliament do recommend to the Lords of the Privy Council to entertain and promote any voluntary offer or contribution for the ends aforesaid to be made by Noble-men or Gentelemen for a work so worthy of the publick wisdom piety and honour of this Kingdom It is alwayes Declared that this Act shall be without prejudice of Acts past in this Parliament for allowing the vacand Stipends of the Diocess of Isles and Argyl for breeding of young Schollars the sum being regulate by the Committee above-named and that this Act shall be no preparative for laying on any burdens on the Clergy hereafter without their own consent XXIV ACT regulating the proportions of Excise in the several Shires and Burghs THe Estates of Parliament taking to their consideration the grievances represented to them by several Shires and Burghs anent the excessive proportions of Excise laid upon them by the late Act of Parliament and what great burthen the Land-rent of the saids Shires and Burghs lyes under for making up the saids proportions and the great ease which several other Shires have in their proportions And it being just and reasonable that all publick impositions of that nature should be equally distributed upon those lyable in payment thereof Therefore the King's Majesty with advice and consent of the Estates of Parliament Statutes and Ordains that the several Shires and Burghs of this Kingdom shall for the moneths of November and December next one thousand six hundred and sixty three and January one thousand six hundred and sixty four years and in all time thereafter be lyable in the monethly payment of the respective proportions under-written viz. The Shire of Edinburgh principal in the sum of two thousand one hundred and fourty pounds Scots money The Town of Edinburgh in the sum of two thousand nine hundred thirty two pounds The Shire of Haddingtoun in the sum of one thousand two hundred fourscore and eleven pounds The Shire of Berwick in the sum of six hundred and ten pounds sixteen shillings The Shire of Roxburgh in the sum of seven hundred threescore twelve pounds sixteen shillings The Shire of Selkirk in the sum of one hundred fourty seven pounds ten shillings The Shire of Peebles in the sum of one hundred thirty seven pounds ten shillings The Shire of Lanerick in the sum of nine hundred threescore eight pounds eight shillings The Town of Glasgow in the sum of one thousand threescore sixteen pounds four shillings The Shire of Dumfriese in the sum of six hundred fifty six pounds The Shire of Wigtoun and Kirkcudburgh in the sum of seven hundred thirty two pounds twelve shillings whereof the Stewartry of Kirkcudburgh is to pay the sum of four hundred threescore one pounds and the Shire of Wigtoun the sum of two hundred threescore eleven pounds twelve shillings The Shire of Air in the sum of one thousand six hundred thirty nine pounds sixteen shillings The Shire of Dumbartoun in the sum of two hundred fifty four pounds The Shire of Bute in the sum of fifty seven pounds The Shire of Renfrew in the sum of four hundred fifty seven pounds four shillings The Shire of Stirling in the sum of nine hundred and threescore pounds eight shillings The Shire of Linlithgow in the sum of seven hundred fourscore nineteen pounds four shillings The Shire of Perth in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings The Shire of Kincardin in the sum of three hundred threescore three pounds twelve shillings The Shire of Aberdeen in the sum of two thousand four hundred and eighteen pounds nineteen shillings The Shire of Bamff in the sum of four hundred fourty seven pounds three shillings The Shire of Innerness in the sum of seven hundred fourscore fourteen pounds eight shillings The Shires of Elgin and Nairn in the sum of five hundred fourscore sixteen pounds four shillings The Shire of Cromarty in the sum of twenty four pounds The Shire of Argyl in the sum of four hundred fourty three pounds sixteen shillings The Shire of Fife and Kinross in the sum of three thousand six hundred and eight pounds eight shillings The Shire of Forfar in the sum of one thousand twenty four pounds four shillings The Town of Dundee in the sum of seven hundred and eighteen pounds four shillings The Shire of Sutherland in the sum of threescore twelve pounds twelve shillings The Shire of Caithness in the sum of one hundred fifty three pounds four shillings The Shire of Orknay and Zetland in the sum of two hundred fourty three pounds sixteen shillings The Shire of Clackmannan in the sum of two hundred and six pounds two shillings And the Shire of Ross in the sum of two hundred and four pounds money foresaid Any thing in the said Act of Parliament to the contrary notwithstanding which is hereby Declared to be of no force or effect as to the proportions of the said Excise after the said first day of November next XXV An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland FOrasmuch as the Estates of Parliament upon consideration of the great blessings this Kingdom enjoyeth under the protection of His Majesties Authority and the administrations of His Royal Government being thereby not only delivered from their former troubles and all the evils which attend such usurpations but being fully restored to and possest of all the liberties and priviledges of a free people Have by their several addresses to His Sacred Majesty made offer of their lives and fortunes and all that is dearest to them for the advancement of His Royal Honour Authority and Greatness And this