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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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out 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 and 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 Incorporatacres 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 sixty two before the making of the sixty two Act of the first Session of this Parliament entituled Act for ordering the payment of debts betwixt Creditor and Debitor divers persons having right by posteriour 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 ane Clause of there 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 preterita 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 hona 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 forsaid 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 denuncing of excommunicat persons anent the exhibiting the Process and Sentence of excomunication 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 denounciation 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 encouragement 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 inferior 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 fixty five one housand six hundred and sixty six one thousand six hundred and sixty seven 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 saids Revenues and the sum of fourty pounds out of every thousand merks of the Stipends or Benefices of every Minister and so proportionably six of the hundred as the Benefice of Stipend shall be valued to be more or less by the Bishops of the Diocestes And that the saids several proportions payable by the Bishops shall be yearly given into 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 nominat by the Visitors of the Univerfitie of St. Andrews and another by the Visitors of the Universitie of Glasgow the third by the Visitors of Aberdeen the fourth by the Council of Edinburgh Hereby anthorizing the Archbishop of St. Andrews and in his absence the Archbishop of Glasgow to preside in the said Committee and to appoint
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
authorize and require the Lords of His Majesties Privy Council to be carefull to see this Act put to due execution and for that end to call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by him so attested shall be given up to the Council as transgressors of this Act in with-drawing from their Paroch Churches as aforesaid and the same after hearing of the parties being duely found to decern and inflict the censures and penalties above-mentioned and such other corporal punishment as they shall think fit and direct all execution necessary for making the same effectual and to do every other thing they shall find necessary for procuring obedience to this Act and putting the same to punctual execution conform to the tenor and intent thereof II. Additional ACT concerning the Declaration to be signed by all persons in publick Trust FOrasmuch as by an Act past in the second Session of this Parliament on the fifth of September last concerning the Declaration to be taken by all persons in publick Trust It is remitted to His Majesties Commissioner to take such course as he should think fit how these who are presently in Office may subscribe the Declaration And the King's Majesty being resolved that all in publick Trust should without further delay sign the same But considering that in this vacand time many of the Courts of Justice do not sit so as some longer time must be allowed unto them Therefore the King's Majesty with advice and consent of His Estates in Parliament Statutes and ordains all persons who enjoy or possess any publick Trust or Office within this Kingdom as Officers of State Members of Parliament Privie Councellors Lords of the Session Commissioners in Exchequer all members of the Colledge of Justice Sheriffs Stewarts ●ailies of Regalities Commissaries Justices of Peace and their respective Deputes and Clerks and all who enjoy any other publick Charge Office or Trust within the Kingdom to subscribe the Declaration thereunto subjoyned in presence of the several Courts they relate to betwixt and the eleventh of November next to come or sooner as they shall have occasion or be required thereto by His Majesties Council Discharging hereby all such of them who shall not sign the same as said is to exerce any publick Trust or Office within the Kingdom after the said eleventh of November And that a speedy account may be returned hereof It is hereby Ordained that the Sheriffs in the several Shites be carefull in requiring due obedience to this Act and that they and all others concerned therein make report thereof to His Majesties Council betwixt and the first of January next to come And seing the election of the Magistrates and Council of Burghs will occur about Michaelmass next and that some disaffected persons in Burghs having none or small advantages by their Magistracy may upon account of this Declaration refuse to accept any Charge or Trust It is therefore by His Majesty with advice foresaid Statute That at the next ensuing election of Magistrates within Burgh all such persons who shall continue in or be of new elected to be Magistrates Clerks or of the Council of Burghs shall at such their elections if they be present or otherwise how soon thereafter they shall be required thereto by those who did elect them sign the Declaration aforesaid Declaring hereby all who shall refuse or delay the same to be from thenceforth not only incapable of and to have forfaulted the priviledges of a Magistrate but also all the priviledges of Merchandizing Trading and others belonging to a Burgess And that the several Burghs make report of their proceedings therein to His Majesties Council betwixt and the foresaid eleventh of November as they will be answerable upon their duty and alleagiance And for such as shall hereafter be admitted to any publick Trust or Office they are to sign the Declaration in the maner and under the certifications exprest in the former Act of Parliament of the fifth of September And His Majesty doth hereby recommend to the Lords of His Majesties Privy Council to be carefull that these Acts be put to due execution and receive obedience conform to the tenor thereof I Do sincerely affirm and declare that I judge it unlawfull to Subjects upon pretence of Reformation or other pretence whatsoever to enter into Leagues and Covenants or to take up Armes against the King or these Commissionate by Him and that all these Gatherings Convocations Petitions Protestations and erecting and keeping of Council-tables that were used in the beginning and for carrying on of the late troubles were unlawfull and seditious And particularly that these Oaths whereof the one was commonly called The National Covenant as it was sworn and explained in the year one thousand six hundred and thirty eight and thereafter and the other entituled A Solemne League and Covenant were and are in themselves unlawfull Oaths and were taken by and imposed upon the Subjects of this Kingdom against the fundamental Laws and Liberties of the same And that there lyeth no obligation upon me or any of the Subjects from the saids Oaths or either of them to endeavour any change or alteration of the Government either in Church or State as it is now established by the Laws of the Kingnom III. ACT against Protections THe King 's most Excellent Majesty being carefull that the benefit of the Law in the administrations of Justice be free to all His Majesties good Subjects And considering the prejudices many have formerly sustained in the stopping of the course of Justice by the too frequent granting of Protections against personal execution Therefore and for preventing of the like for the future His Majesty with advice and consent of His Estates in Parliament Doth Ratifie Approve and Renew all former Acts of Parliament made against the granting of Protections And Dischargeth the Lords of His Majesties Privy Council Session and Exchequer to grant Protections to any persons against personal execution certifying such as shall grant the same they shall be lyable for the debt against which they grant the Protection and all execution shall pass against the havers thereof as if the same had not been granted It is alwayes hereby Declared That notwithstanding hereof it shall be free to the Lords of His Majesties Privy Council Lords of Session and Exchequer and to the Justice-general and His Deputes when any person or persons are summoned and appointed to appear personally before them to give order now as they have been in use formerly to do for suspending personal execution against the persons so summoned and appointed to appear for such few dayes as they may come to give their appearance and during their necessar stay and some few dayes for their return and that according as the saids respective Judges shall find reason upon the particular applications to be made thereupon IV. ACT for the establishment and constitution of a National Synod FOrasmuch as the