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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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and constitution of a National Synod FOrasmuch as the ordering and disposal of the external Government of the Church and the nomination of the persons by whose advice matters relating to the same are to be setled doth belong to His Majesty as an inherent right of the Crown by vertue of His Prerogative-royal and supream Authority in causes Ecclesiastical And in prosecution of this Trust His Majesty considering how fit and necessary it is for the honour and service of Almighty God the good and quiet of the Church and the better Government thereof in unity and order that there be a National Synod and Assembly duly constitute within this Kingdom Hath therefore Appointed and Declared and by these presents Appoints and Declares that there shall be a National Synod of the Church of Scotland And that this Synod for the lawful Members thereof shall consist and be constitute of the Archbishops of St. Andrews and Glasgow and the remanent Bishops of these two Provinces of all Deans of Cathedral Churches Arch-deacons of all the Moderators of Meetings for exercise allowed by the Bishops of the respective Diocesses and of one Presbyter or Minister of each Meeting to be chosen and elected by the Moderator and plurality of Presbyters of the same and of one or two from the University of St. Andrews one from Glasgow one from the Kings Colledge one from Marshals Colledge of Aberdeen and one from the Colledge of Edinburgh And this Synod thus constitute is to meet at such times and places as His Majesty by His Proclamation shall appoint and is to debate treat consider consult conclude and determine upon such pious matters causes and things concerning the Doctrine Worship Discipline and Government of this Church as His Majesty shall from time to time under His Royal hand deliver or cause be delivered to the Archbishop of St. Andrews President of the said National Assembly to be by him offered to their consideration The Estates of Parliament do humbly recognosce and acknowledge His Majesties Royal Power and Prerogative aforesaid with the piety justice and prudence of His Majesties resolution herein Likeas His Majesty with their advice and consent doth hereby Establish Ratifie and Confirm this constitution of a National Assembly as the lawful constitution of the National Synods and Assemblies of this Church His Majesty or His Commissioner without whose presence no National Synod can be kept being alwayes present And Declares That no Act Canon Order or Ordinance shall be owned as an Act of the National Synod of the Church of Scotland so as to be of any effect force or validity in Law to be observed and keeped by the Archbishops and Bishops the inferiour Clergy and all other pesons within this Realm as far as lawfully being Members of this National Church it may concern them but that which shall be considered consulted and agreed upon by the President and major part of the Members above-specified It is alwayes hereby provided that nothing be enacted or put in execution by Authority of a National Synod within this Kingdom which shall be contrary to His Majesties Royal Prerogative or the Laws of the Kingdom And that no Act Matter or Cause be debated consulted and concluded upon but what shall be allowed approven and confirmed by His Majesty or His Commissioner present at the said National Synod V. ACT anent ruinous houses in Royal Burghs OUr Soveraign Lord being informed that upon the high Streets of several of His Majesties Burghs-royal and in the vennels and other passages within the same there be many houses in the publick view of all people resorting thereto very ruinous and not inhabited these divers years by-gone nor likely to be repaired by any to the great opprobry of the said Burghs and common scandal of the Kingdom as being altogether defective of that policy and good order which is and ever hath been so earnestly intended in the many wholsom and laudable Laws already made by His Majesty and His Royal Progenitors of most worthy memory And finding the Burroughs very desirous to have these many dangers and inconveniences prevented and remeeded which the inhabitants of these Burghs and the rest of the Lieges frequenting the same do continually fear from such ruinous buildings Doth therefore with advice of His Estates of Parliament Ordain the Provost and Bailies of the Burgh where such ruinous houses are to cause warn and charge all persons that have or pretends right to the property of such Lands and Buildings or any Annual-rents forth thereof to cause build and repair in a decent way within year and day such Houses and Buildings as have been wast and not inhabited three years before the date of this present act or shall be wast and not inhabited thereafter by the foresaid space of three years or else to sell the same to others to be builded within the same space of year and day And to charge all known persons personally or at their dwelling places and by open Proclamation at the Paroch-kirk or Mercat-cross of the Burgh and all others by open Proclamation at the said Mercat-cross and Paroch-kirk And in case of their absence out of this Realm at the Cross of Edinburgh and Peer and Shoar of Lieth upon threescore dayes with certification to them if they failzie the said Provost and Bailies shall cause the said Lands and Tenement to be valued by certain persons to be chosen and sworn by them for that effect and sell the same to any person that will buy them and pay the price of the same to these owners if they be known and if they be not known to consign the prices thereof in the hands of the Provost one of the Bailies or Dean of Gild of the said Burgh to be forth-coming to these who have interest thereto And if no man will buy them it shall be lawfull to the said Provost and Bailies after apprising thereof as said is and payment or consignation of the prices of the same to cast down the said ruinous Houses and cause build the same of new And His Majesty with advice foresaid Declares That it shall not be lawfull in time coming to any manner of person to pursue them nor their successors therefore nor pretend any right or interest therto but that the said right shall be a perfect security to the builders thereof and their successors VI. ACT discharging the importation of Strong-waters c. OUr Soveraign Lord and Estates of Parliament understanding that there are divers Strong-waters Mum-bear and other Beer for drinking brought into this Kingdom from Forraign places which might be more conveniently made within the Kingdom to the benefit of the natives thereof Therefore His Majesty with consent of the saids Estates Discharges all in-bringing of Aqua-vitae or Strong-waters Mum-beer and other Beer for drinking except Black-beer called Spruce-beer within this Kingdom under the pain of escheat thereof VII ACT discharging the mixing of Tin with Lead OUr Soveraign Lord and Estates of this present
and all narrow Cloath two pounds eight shillings upon ilk ell of Searge thirty shillings upon ilk ell of Castilians forty eight pounds upon ilk Beaver-hat twenty four pounds upon ilk Demy-beaver and Vigon and three pounds upon the peece of ilk common Hat thirty six pounds upon the dozen of worstead Stockings twenty four pounds upon the dozen of Stag-gloves and twelve pounds upon the dozen of single Stags Cordivans Kid or Shiverings and twenty four shillings upon ilk pound of Tobacco imported either for sale or private use into this Kingdom from England all Scots money Be exacted levied and collected and fourscore per cent upon all other sorts of Commodities imported into this Kingdom from England and not particulary named in this Act and upon all the growth and Manufactury of that Kingdom though imported from any other place and that over and above all other impositions put upon the same already And to the effect this present Act may be the more exactly put to execution It is Statute and Ordained That all Goods imported from England or of the growth and manufactury of England not above particularly exprest shall be valued after sighting by two skilfull honest men upon oath to be nominate by the Dean of Gild or his Assessors or Magistrates of the Burgh or next adjacent Burgh to the Custom-office where the saids Goods are entered or by the oath of the party to whom the saids Goods belongs and accordingly pay the said fourscore per cent And the Lords Thesaurer and Thesaurer-depute and Lords of His Majesties Exchequer are hereby required to take an Oath and Bond with sufficient Caution from the Farmers or Collectors of the saids impositions that they shall exactly collect the same without any abatement thereof directly or indirectly and that they shall not suffer any of the saids Goods to pass or be conveyed away un-entred and that under the penalty of the worth of the saids Goods if the contrary shall be made appear the one half thereof to His Majesties use and the other half to the informer and under the pain of forfaulting their Tacks and Commissions and being declared incapable to farm or collect in any time hereafter any Custom Excise or other Imposition whatsoever within this Kingdom And if any of the foresaids Goods or Commodities shall be informed and made appear to be brought in or shall be seized upon not being entered in the Custom-office or any other Office appointed for that effect then the same to be wholly confiscat the one half to His Majesties use and the other half to the first informer or seizer thereof XIII ACT imposing a Custom upon Corn imported from Ireland into this Kingdom THe Estates of Parliament considering what great sums of money are carryed out of the Kingdom by persons importers of Corn hither from Ireland who having sold their Corns export the money without battering any of the Commodities of this Kingdom whereby the whole Nation particularly those near adjacent parts of the Kingdom are much impoverished of money And that it is just and reasonable that the said Corns should bear Custom toward the increase of His Majesties Revenue proportionably with other imported Commodities especially when the Corns of this Kingdom are sold at easie rates Therefore the King's Majesty with advice and consent of His Estates of Parliament Doth hereby impose three pounds Scots of Custom upon ilk boll Linlithgow measure of Corn imported into this Kigdom from Ireland after the first day of Seplember next and appoints thirty shillings Scots to be raised upon ilk boll already imported and not yet retailed conform to an Act of the Committee of Estates made there-anent in anno one thousand six hundred and sixty But least the more indigent sort of people might be prejudged by highting the prices of the saids Corns in time of dearth under pretence of the said Custom Therefore the King's Majesty with advice and consent foresaid doth hereby give power to the Lords of His Privy Council to remit and discharge the exacting of the said Custom when they shall find the prices of the Victual of this Kingdom Meal and Barley respective to exceed eight pounds the boll And appoints the Lords of His Exchequer to cause put this Act to full execution and cause the foresaid Custom be exactly levied with power to them to allow such fies to the Collectors thereof as they shall think fit XIV ACT for in-bringing of His Majesties Rents FOrasmuch as His Majesty and Estates of Parliament taking to their consideration the great contempt and neglect of the several Fewers and others lyable in payment of His Majesties Rents where-through notwithstanding of the diligence and endeavours of His Majesties Thesaurer principal Thesaurer-depute and others his Majesties Officers appointed for the management of His Majesties Revenue the same are not payed or otherwise so unseasonably payed that it proves a great hindrance and prejudice to His Majesties Affairs And finding several Acts of Parliament made for the timeous and seasonable payment of His Majesties Rents as well constituting the time and sitting of Exchequer to the effect that the persons lyable in payment might know both the time place and persons where when and to whom they should compt and make payment of the saids Duties as also such censures and penalties as might induce them to due obedience thereto Particularly the sixty third Act Par. eleventh holden by His Majesties Grandfather of blessed memory in anno one thousand five hundred and eighty seven Ordaining the Exchequer to sit down the first day of July yearly and to continue to the last day of August thereafter requiring not only the Thesaurer Comptroller Collector their Deputes and other Officers to be present and give their attendance during the said time but also all persons lyable in payment who ought to make compt in Exchequer to be charged by Precepts to compear thereat under the pain of fourty pounds to be uplifted by the Thesaurer Ordaining Letters of Horning to be directed against them for payment thereof and that the saids persons do attend for making of the saids accompts to the close thereof and in case of disobedience to the said Precept that they be charged of new at the Mercat-cross of Edinburgh and in case of their disobedience to the said Charge to be denounced Rebels at the said Cross which denounciation is declared to be as sufficient as if the same were at the head Burgh of the Shire where the person liveth and that the Horning be registrat in the Thesaurers Books or Sheriff Books of Edinburgh And sicklike by the sixty fifth Act of the said Parliament All Chamberlains and other Receivers of His Majesties Rents as well heretable as moveable are ordained to find caution to the Thesaurer in Edinburgh for making compt at the ordinar time of Exchequer and payment within twenty dayes after the terme And also by the eighty Act of the said Parliament it is Ordained that Letters be directed
not destructive of and contrary to this present Act or any clause thereof And sicklike Ratifies and Approves the sixty one Act of the first Session of this present Parliament entituled Commission for plantation of Kirks c. in the whole Heads Articles and Clauses thereof except in so far as the same may be contrary to this present Act as said is And His Majesty with advice and consent foresaid gives full power and commission to James Archbishop of St. Andrews William Earl of Glencairn Chancellor John Earl of Rothes Thesaurer Alexander Archbishop of Glasgow William Earl Marshal Privy-Seal Duke of Hamiltoun Marquess of Montrose Earl of Landerdail Secretary Earl of Eglinton Earl of Linlithgow Earl of Kelly Earl of Haddington Earl of Annandail Earl of Leiven Earl of Tweddail George Bishop of Edinburgh Iames Bishop of Galloway George Bishop of Dunkell _____ Bishop of Aberdeen Iohn Bishop of Ross Robert Bishop of Dumblane _____ Bishop of Orknay William Lord Bellenden Thesaurer-depute Sir Iohn Gilmore President of the Session Sir Archibald Primrose Clerk Register His Majesties Advocat Sir Iohn Home of Renton Justice Clerk Sir Iames Lockart of Lee Sir Iohn Scougal of Whitkirk Charles Maitland of Halton Sir Thomas Hamiltoun of Preston Sir Iohn Wachop of Nidrie Sir Robert Fletcher of Salton Sir Henry Wardlaw of Pitrevy William Scot of Ardross Sir Andrew Ramsay Provost of Edinburgh Sir Robert Murray there Sir Archibald Sydserf Sir Alexander Wedderburne Sir William Thomson John Miln Robert Lentron Provost of St. Andrews Mr. John Paterson Provost of Perth William Seatoun Provost of Haddington or any fifteen of them whereof three of the Clergy three of the Nobility three Officers of State three Commissioners of Shires and three of Burghs of which number the Archbishop of St. Andrews or the Chancellor or the Thesaurer or the Archbishop of Glasgow or the Privy Seal or the Secretary or the Duke of Hamiltoun or the Earl of Haddingtoun or any of them being alwayes one to meet and conveen at Edinburgh the _____ day of _____ one thousand six hundred and sixty _____ years and at such other place or places times and diets as they shall appoint to value and cause be valued whatsoever Tends great or small Personage or Vicarage of whatsoever Lands within this Kingdom lyable to the paiment of Teinds which are yet un-valued Excepting alwayes the Teithes of the Archbishops Bishops and other beneficed persons whereof they were in real and actual possession by leading and collecting the same in the year one thousand six hundred and twenty eight and with provision that they be not prejudged of the Fruits and Rents of their several Benefices as the same was possest by them anno one thousand six hundred and thirty seven conform to the Submission made by the Bishops to His Majesty in the said year and Decreet arbitral following thereupon With power to the saids Commissioners or quorum foresaid to appoint Sub-commissioners conform to the former Acts and Commissions for valuation of Teinds and receive reports from them And with power to them where Ministers are not already sufficlently provided or have not Localities assigned to them for their Stipends out of the Teinds within the Paroch where they serve the Cure to modifie settle and appoint constant local Stipends to ilk Minister out of the Teinds of the Paroch where they serve the Cure in so far as the same will amount to according to the quantities of victual or money mentioned in the saids Acts and Commissions and to decide and proportion the saids Localities And with power to dis joyn too large and spacious Paroches to cause erect and build new Churches to dismember and annex Kirks as they shall think just and to take order that every Heretor and Life-renter shall have the leading and buying of their own Teinds if they be willing according to the rates prescribed by former Commissions Particularly by the Commission granted by His Majesty with consent of the Estates of Parliament in anno one thousand six hundred and thrity three with power to them to determine all questions concerning the prices of Teinds betwixt Titulars and others having right thereto and the Heretors and to appoint such securities in favours of the Titulars and others having right to the Teind for the prices to be granted by the Heretors payers of the valued duties or buyers of the saids Teinds and in favours of the Ministers as to their maintenance as the saids Commissioners shall think fitting according to the rule set down in the saids former Acts namely in the said Act anno one thousand six hundred and thirty three Declaring That where the Vicarage of any Paroch is a several Benefice and Title from the Personage the same shall be severally valued to the effect the Titulars or Ministers serving the Cure having right to the said Vicarage be not frustrat of the true worth thereof And that Titulars and others having right to Teinds shall not be forced to dispone any Teinds valued or to be valued which shall be assigned disponed and allocat to the Minister serving the Cure of the Paroch As also with power to the saids Commissioners or quorum foresaid to rectifie whatsoever Valuations led or to be led to the enorm prejudice of the Titulars and to the hurt and detriment of the Kirk and prejudice of the Ministers maintenance and provisions or of His Majesties Annuity Provided alwayes likeas it is hereby expresly provided that where Valuations are lawfully led against all parties having interest and allowed by former Commissions the same shall not be drawn in question nor rectified upon the pretence of enorm lesion at the instance of the Minister not being Titular or at the instance of His Majesties Advocat in respect of His Majesties Annuity except it be proven that collusion was used betwixt the Titulars and Heretors or betwixt the Proctor-fiscal and Heretors and Titulars which collusion is declared to be where the Valuations are led with the diminution of the third of the just Rent which diminution shall be proven by the parties oaths And albeit all the Acts of the pretended Parliaments in the years one thousand six hundred and fourty one thousand six hundred and fourty one and thereafter are declared by an Act of this Parliament null and of no avail in all time coming Yet it is hereby Declared That all and whatsoever Valuations Acts Sentences and Decreets done and past by any Commissions granted by the saids pretended Parliaments with all executions used or to be used thereupon are and shall be as valide in all time coming as if the saids Valuations Acts Sentences and Decreets had been given and pronounced by persons legally impowered to that effect any thing in the foresaid rescissory Act to the contrary notwithstanding Excepting such Decreets of valuation modification of Stipends or augmentations thereof past and granted since the year one thousand six hundred and thirty seven whereby the saids Archbishops or Bishops are prejudged