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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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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
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 the Parliament was dissolved By a Noble Lord John Earl of Rothes Lord Lesly and Bambreith His MAJESTIES Commissioner for holding 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 Re-printed by Andrew Anderson Printer to the King 's most Excellent MAJESTY Anno DOM. 1674. CUM PRIVILEGIO 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 entred to the Cure of any Paroch without Right or Presentations from the lawful Patron 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 whatever 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 afore-mentioned Acts and Laws made in the two former Sessions of Parliament in order to the setling 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 entred 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 chearfull 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-writren 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 Landlord as His Maejesties Council shall think fit not exceeding a fourth part thereof and every Burgess to lose the libertie of Merchandizing Trading and all other Priviledges within Burgh and fourth part of their moveables And His Majesty with advice foresaid doth hereby