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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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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
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 preservation 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 acknowledgment of their duty they do make humble and hearty offer to His Majestie of twenty thousand Footmon 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 Wigtour 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 hundred fourty eight Horse From the Shires of Stirling and Clackmannan six hundred sixty six Foot and eighty eight Horse From the Shires of Fyfe 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 to any part of His Dominions of Scotland England or Ireland 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 intreat 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 judgement shall think fit 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 to 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 tronbles 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 on all occasions to vindicat 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 dutiful and humble recognizance of His Majesties Prerogative-royal do Deelare 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 Successors 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 shal 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 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 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 not destructive of and contrary to this present Act or