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B05253 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. 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 the special advice and consent of the Estates of Parliament.; Laws, etc. Scotland.; Rothes, John Leslie, Earl of, 1630?-1681.; Scotland. Convention of Estates. 1674 (1674) Wing S1278A; ESTC R183991 41,047 48

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any clause thereof And sick like 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 Hamilton Marquess of Montrose Earl of Lauderdaill 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 James 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 Primerose Clerk Register His Majesties Advocat Sir Iohn Home of Renton Justice Clerk Sir Iames Lockhart of Lee Sir Iohn Scougal of Whitekirk Charles Maitland of Halton Sir Thomas Hamiltoun of Preston Sir Iohn Wauchop 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 Wedderburn Sir William Thomson John Milne Robert Lentr●● Provost of St. Andrews Mr. Iohn Paterson Provost of 〈◊〉 William Seaton Provost of Haddingtoun 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 Chancellors or the Thefaurer 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 Teinds 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 sufficiently 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 shal 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 Particulary by the Commission granted by His Majesty with consent of the Estates of Parliament in anno one thousand six hundred and thirty 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 of any part of their Rents whereof they were in possession in the said year thirty seven
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 lawfull 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 Diocesse 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 King's 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 Majestie 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 lawfull 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 persons 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 Mater or Cause be debated consulted and concluded upon but what shall be allowed approven and confirmed by His Majesty or His Commissior 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 Leith upon threescore dayes with certification to them if they failȝie 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 maner of person to pursue them nor their successors therefore nor pretend any right or interest thereto 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-beer 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 Parliament considering the great
the former Act with this addition That strong Beggars with their Bairns be imployed in common Works and that they shal continue servants therein during their life-times And considering the tenth Act of the two and twentieth Parliament of His said Royal Grand-father King James the sixth Recommending to all His good Subjects to take into their service poor and indigent Children declaring that they shall be subject to their said Masters their Heirs and Assignes in all kind of service that shall be enjoyned to them untill they pass their age of thirty years compleat and that they shall be Subject to their Masters correction and chastisement in all manner of punishment life and torture excepted and that if it shall happen the said persons to absent themselves from their Masters service without their licence not only to be lyable to bodily punishment at their Masters difcretion but that all recepters of them shall be obliged to restore them to their Masters within twenty four hours after they be required otherwise to pay to their said Masters ten shillings Scots for ilk dayes absence till they be restored And His Majesty considering that the chief cause whereby the foresaids Acts have proven in-effectual and that Vagabounds and idle Persons do yet so much abound hath been that there were few or no common Works then erected in the Kingdom who might take and imploy the said idle Persons in their service and that now by His Majesties Princely care common Works for Manufacturies of divers sorts are setting up in this Kingdom Therefore His Majesty with advice and consent of His Estates in Parliament Ratifies and Approves the foresaids Acts of Parliament with this addition That it shall be leisum to all Persons or Societies who have or shall set up any Manufacturies within this Kingdom to seize upon and apprehend the persons of any Vagabonds who shall be found begging or who being Masterless and out of service have not wherewith to maintain themselves by their own means or work and to imploy them for their service as they shall see fit the same being done with the advice of the respective Magistrates of the place where they shall be seized upon And Ordains the Paroches where such Vagabonds or idle Persons as shall be found begging were born or in case the place of their nativity be not known the Paroches where they have any residence haunt or most resort for the space of three years immediately preceeding their being so apprehended who thereby are relieved of the burden of them to make payment to the Persons or Societies that shall happen to imploy them of two shillings Scots money per aiem for the first year after they be apprehended and one shilling Scots per diem for the next three years thereafter the one half thereof to be payed by the Heretors of the severall Paroches respective and the other half thereof to be payed by the Possessor and Inhabitants dwelling upon the ground of each Heretor respective Likeas His Majesty with advice and consent foresaid Ordains the Heretors of each Paroch or as many of them as shall happen to meet upon publick intimation made at the Paroch-kirk upon any Sabbath at the dissolving of the Church from the first Sermon by any of the Heretors of the Paroch or by the imployers of the Poor to make up a stent Roll for maintenance of the Poor in their Paroch who shall be imployed as said is at the rate aforesaid the one half thereof to be payed by the Heretors either conform to the old extent of their Lands within the Paroch or conform to the valuation by which they last payed assessment or otherwayes as the major part of the Heretors so meeting shall agree Life-renters and Wod-setters alwayes being lyable during their Rights as Heretors and the other half thereof to be laid upon the Tennents and Possessors according to their means and substance And in case the saids Heretors being required by any Person or Society imploying the Poor as said is shall failȝie to make up and deliver a stent Roll in manner foresaid with power to the Persons Society or others intrusted by them to charge the Heretors of each Paroch for the sum of two shillings Scots per diem for each one of their Poor whereof they shall be relieved in manner foresaid conform to the old extent or valuation foresaid at the option of the Person or Society imploying or these intrusted by them which stent Roll shall continue and stand for one year after the making up thereof either by the Heretors or in case of failȝie by the Persons or Societies imploying the Poor as said is and shall then be renewed from year to year during the years above-written Providing also that the Heretors in case they failȝie to make astent Roll as said is and be charged conform to the old extent or valuation of their Lands that they shall have relief of the Tennents and Possessors of their Lands for the one half of what they shall be distressed for And His Majesty with consent foresaids Ordains Letters of Horning to be directed hereupon at the instance of the Persons or Societies imployers of the Poor or persons intrusted by them against the Heretors and others for payment of the said daily allowance for the Poor or against the recepters of them being so imployed for ten shillings Scots money per diem upon fifteen dayes only Providing alwayes that after examination of the case the Lords of the Privy Council shall find cause for directing such Letters And Ordains all Sheriffs Stewarts Bailies of Regality Principalitie Magistrates of Burroughs or Justices of Peace and their Constables to be assisting in the apprehending of the saids Vagabounds or in the bringing of them back to their service after they shall be imployed And strictly Prohibits and Discharges all persons whatsoever to oppose or hinder the taking or bringing back of them in maner foresaid respective under the pain of deforcement Likeas it is hereby Declared That the Poor so imployed shall continue in the service of the imployers and under their direction and correction in maner foresaid not only during the space of the maintenance to be payed for them by their Paroches in maner above-written but also for the space of seven years thereafter for meat and cloath only Declaring alwayes likeas it is hereby expresly Declared that the Burgh of Air nor their inhabitants shall no wayes be comprehended herein but are excepted here-from in all points And recommends to the Lords of the Privy Council to see this Act and all former Acts of Parliament made against sturdy Beggars and Vagabonds put to execution with power to them to supply by their order what shall be deficient as to the execution of the saids Acts. XVI ACT anent the measure of Coal OUr Soveraign Lord considering that several questions and debates do arise betwixt the buyers of Coal and the Customers and Receivers of the Bullion anent the measure of the chalder