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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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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
Argyl Commission for tryal of the burning the Gates of Drumlanrig Modification and Recommendations for some suffering Ministers Proclamation for the anniversary Thanks-giving Act concerning the Earl of Mortoun and Town of Kirkwall Act for yearly Fairs in Corstorphin Act in favours of Lord Fraser for his Title of Lord Fraser Act betwixt the Lord Burghly and Shire of Fife Act in favours of Alexander Bruce Brother to the E. of Kincarden Act anent the Chapter of Argyl and Glenorchies Protestation against it Act in favours of the Inhabitants of Orknay Act for relief of those who were over-burdened in their Levies in anno 1649. for their concurrence in the Engagement in anno 1648. Act concerning the Ministers of Edinburgh Act rescinding the pretended forfeiture against Harthill Act in favours of the Earl of Perth and others and some monies due to them by the Shire of Perth Commission for the Creditors of forfeited persons Act for keeping the Registers of Session in the Parliament-house Decreet Marquess of Huntly cont Innes Cromarty Rob. Foulis c. Decreet Laird of Haddo contra Lesly Act of dissolution of the Earldom of Orknay Decreet Mackclaud contra Mr. David Drummond c. Decreet Sir James Mackdonald contra Mackconochie Inera Act for changing the Way betwixt the south Ferry and Cramond Act in favours of the Town of Edinburgh Decreet against Archibald Campbel Decreet of forfeiture against Ardkinlass and Ormsay Act in favours of the Lord Lyon Act for an Arch-deanry in the Isles Act in favours of Sir Robert Fletcher Decreet Mrs. Whaley contra Lamintoun Act for changing the Mercat-day in Aberdeen Act in favours of the Town of St. Andrews Act for yearly Fairs to the Earl of Kinghorn the Lord Tarbet the Lairds of Glenorchie and Haddo Act for two Fairs yearly and a weekly Mercat in Dalmeny Act in favours of the Earles of Queensberry and Annandail Decreet in favours of Mr. Thomas Mackenzie Act for building a Meal-mercat in Dumfries Act concerning the Declaration Act containing exceptions from the Act of Indempnity for Fines Act anent the Children and Posterity of forfeited Persons Act in favours of the Countess of Branfurd and Lady Forrester Act in favours of the Lord Mackdonald Act in favours of Lamont Act freeing Bishops Vassals from the charge of Commissioners to the Parliament Commission for rectifying the Valuations of Aberdeen Shire Recommendation in favours of John Mein Decreet Dunolich against Campbel Suspension of publick Debts with References in favours of the Lord Burghly and Lord Carden Ratification in favours of the Archbishop of St. Andrews Ratification in favours of the Bishop of Edinburgh Ratification in favours of the Bishop of Galloway Ratification in favours of the Bishop of Brichen Ratification in favours of the Bishop of Argyl Ratification in favours of the Earl of Craufurd and Lindsay Two Ratifications in favours of the Duke of Lenox Two Ratifications in favours of the Earl of Athol Ratification in favours of the Earl of Tullibarden Ratification to Sir John Gilmor of his Lands of Craiglockhart Ratification to the Laird of Morphie Ratification to the Laird of Allardice Ratification to the Laird of Glenorchie Two Ratifications to the Laird of Cromarty Ratification to John Beaton Ratification to the Burgh of Linlithgow Ratification to Sir John Strachan Ratification to Paul Symer Ratification to the Earl of Annandail Ratification to the Earl of Newburgh Ratification to Sir Robert Innes of Muretoun THIRD SESSION ACt concerning the constitution and election of the Lords of the Articles Warrands for personal Protections against Captions for some time to the Lord Sinclar and others Commission for trying of the contrivance and carrying on of the Act of Billeting Decreet and Sentence of forfeiture against Archibald Johnstoun some time of Waristoun Act ratifying the Remission granted to George Campbel Act for annexing some Kirks to the Deanry of St. Andrews Record of the production of the Duke of Monmouth's Patent to be Duke of Buccleuch Act allowing to the Ministers who served before and in the year one thousand six hundred and sixty two the half of the Stipend due for that year Ratification in favours of Sir Peter Wedderburn Act rescinding a former Act past in the last Session of Parliament annent some Fees acclaimed as due to the Lyons Office Act concerning the matter of Billeting and a Letter directed to His Majesty thereupon Act for repairing the High-wayes at the Town of Prestoun Warrand for three Fairs to the Town of Newburgh Act concerning the pardoning and restoring the Children of forfeited persons Angus and Donald Mackclauds declared Fugitives An Imposition for repairing and upholding a Bridge in Clidsdail Warrand for changing the Fair-day of the Town of Clackmannan Reference to His Majesty concerning the Process against Assint Act concerning the Imposition laid on English Commodities Act past in favours of Printers Stationers Silk weavers c. Act for changing of the name of Souter of late used by some of name of Johnstoun Act for an Imposition for repairing the High-way betwixt Corstorphin and the Cow-bridge Warrand for changing the Fair-day of the Town of Nairn Commission concerning the Annual-rents due by persons forfeited by the Usurpers Act Rescinding Annulling and for Razing out of the Records two Acts past in the second Session of this Parliament one for excepting persons from publick Trust and the other for the manner of voting it by Billets Act in favours of Doctor Colvil Act concerning the riding of the Parliament and the Penalties of such as shall be absent from it Decreet betwixt Sir Arthur Forbess and the Lord Cochran Act in favours of Mr. John Wilkie Act anent the vacand Stipends in Argyl and Isles Act for repairing the Bridge of Tullibody Act for the disposal of some vacand Stipends Act for the Bridge of Dalkeith Act for upholding the Bridge of Kippon and for two Fairs at the Kirk of Kippon Act for changing the weekly Mercat of Pettenweym Act in favours of John Halybrunton concerning his Writes Act appointing the Fines to be paid in to any person His Majesty shall appoint Act in favours of the Captain of Dunstaffnage and others Two Fairs yearly to be kept in the Barony of Preston The Fairs ganted to the Town of Whitehorn changed in the dayes and dyets thereof Decreet the Earl of Roxburgb contra Sir John Weymes Act for two Fairs and a weekly Mercat in Stanehyve Act concerning the making of Cairds Recommendation in favours of the Marquess of Montrose Warrand for two Fairs and weekly Mercat to the Laird of Drum Warrand for paying of some debt due by the Shire of Dumfries An Act and Ratification of the Contract of Marriage betwixt the Duke and Dutchess of Buccleuch and Warrand for registrating the Contract Act concerning the Stipend of the Ministers of the Cannongate Remit the Duke of Hamiltoun contra Lady Forrester Warrand for two Fairs and for changing the Mercat-day of the Barony of Skirling Warrand for a yearly Fair on the Brae of Athol Act for a Fair and weekly Mercat on the Lands of Kinudy Act concerning Broomhalls Writes Act for an Imposition for repairing and keeping up the Bridges of Sauchtonhall and Clegorn Remit to the Session concerning the eighty thousand merks claimed from the Burroughs Lamonts Process against George Campbel remitted to the Session Recommendation in favours of some suffering persons Commission for ordering the prices of Offices Writes and Seals Act suspending execution for publick Debts untill the next Parliament Act concerning the Zetland Company of White-fishing remitted to the Council Act for a yearly Fair in Paisla Act for a yearly Fair in the Barony of Caskibon Remit to the Council anent the Act for Trade Warrand for changing a Way near Ledintoun Act for renewing the Justices of Peace Ratification in favours of Sir Andrew Aiton Ratification in favours of the Lords of the Session Ratification in favours of David Souter Ratification in favours of Mr. Alexander Foulis of Ratho Ratification in favours of the Bishop of Aberdeen Ratification in favours of Sir Robert Sinclar of Steinstoun Ratification in favours of Mr. Robert Sinclar of Longformacur Ratification in favours of Thomas Hamiltoun of Bathgate Ratification in favours of William Prestoun of Valifield Ratification in favours of Mr. Robert Prestoun of that ilk Ratification in favours of Michael Balfour of Pitmedden Ratification in favours of James Campbel and his Son Ratification in favours of John Malcolm Ratification of a mortification in Perth Ratification in favours of George Home of Kames Ratification in favours of the Earls of Craufurd and Lauderdaile the Lord Parbroth the Lairds of Hatton and Ardross Colonel Lesly and James Scot of their Gifts of Mines and Minerals Ratification in favours of James Dickson Ratification in favours of the Burgh of Whitehorn Ratification in favours of Sir John and Mr. Alexander Gibson Ratification in favours of the Earl of Rothes Ratification in favours of the Earl of Dumfermline Ratification in favours of Sir John Home of Rentoun Lord Justice Clerk and Protestation for Sir Alexander Home and Wedderburne against it Ratification in favours of Charles Maitland of Haltoun Ratification in favours of William Scot of Ardross Rat. to the Town of Edinburgh of their right to the Citadel Ratification in favours of Captain Lockhart FINIS
diets of meeting from time to time and the Committee to take care that the sums thus allotted shall be put into a Stock and setled upon Land or otherwayes by advice of the respective Bishops who are Chancellors of the saids Universities and Ordains the Annual-rent of the said Stock to be proportioned to the Masters and Professors of each University as the Visitors thereof shall appoint And further His Majesty and Estates foresaid do Ordain that Stipends and all Benefices of Kirks that shall vaik after the first day of February in this following year of God one thousand six hundred and sixty four for the space of seven years next there-after shall be up lifed by Collector thereof and imployed by him in the maner and according to the proportions above-specified for encreasing of the Stock of each University Declaring that the fifty two Act of the first Session of this Parliament Concerning the disposal of vacand Stipends shall be of no force during the space of the years foresaid And Ordains Letters of Horning and Poinding and all other execution necessary to be directed at the instance of the saids Bishops or any to be appointed by them and at the instance of the said Collector for the more speedy in-bringing of the sums respective above-mentioned Further His Majesty and the Estates of Parliament do recommend to the Lords of the Privy Council to entertain and promote any voluntary offer or contribution for the ends aforesaid to be made by Noble-men or Gentelemen for a work so worthy of the publick wisdom piety and honour of this Kingdom It is alwayes Declared that this Act shall be without prejudice of Acts past in this Parliament for allowing the vacand Stipends of the Diocess of Isles and Argyl for breeding of young Schollars the sum being regulate by the Committee above-named and that this Act shall be no preparative for laying on any burdens on the Clergy hereafter without their own consent XXIV ACT regulating the proportions of Excise in the several Shires and Burghs THe Estates of Parliament taking to their consideration the grievances represented to them by several Shires and Burghs anent the excessive proportions of Excise laid upon them by the late Act of Parliament and what great burthen the Land-rent of the saids Shires and Burghs lyes under for making up the saids proportions and the great ease which several other Shires have in their proportions And it being just and reasonable that all publick impositions of that nature should be equally distributed upon those lyable in payment thereof Therefore the King's Majesty with advice and consent of the Estates of Parliament Statutes and Ordains that the several Shires and Burghs of this Kingdom shall for the moneths of November and December next one thousand six hundred and sixty three and January one thousand six hundred and sixty four years and in all time thereafter be lyable in the monethly payment of the respective proportions under-written viz. The Shire of Edinburgh principal in the sum of two thousand one hundred and fourty pounds Scots money The Town of Edinburgh in the sum of two thousand nine hundred thirty two pounds The Shire of Haddingtoun in the sum of one thousand two hundred fourscore and eleven pounds The Shire of Berwick in the sum of six hundred and ten pounds sixteen shillings The Shire of Roxburgh in the sum of seven hundred threescore twelve pounds sixteen shillings The Shire of Selkirk in the sum of one hundred fourty seven pounds ten shillings The Shire of Peebles in the sum of one hundred thirty seven pounds ten shillings The Shire of Lanerick in the sum of nine hundred threescore eight pounds eight shillings The Town of Glasgow in the sum of one thousand threescore sixteen pounds four shillings The Shire of Dumfriese in the sum of six hundred fifty six pounds The Shire of Wigtoun and Kirkcudburgh in the sum of seven hundred thirty two pounds twelve shillings whereof the Stewartry of Kirkcudburgh is to pay the sum of four hundred threescore one pounds and the Shire of Wigtoun the sum of two hundred threescore eleven pounds twelve shillings The Shire of Air in the sum of one thousand six hundred thirty nine pounds sixteen shillings The Shire of Dumbartoun in the sum of two hundred fifty four pounds The Shire of Bute in the sum of fifty seven pounds The Shire of Renfrew in the sum of four hundred fifty seven pounds four shillings The Shire of Stirling in the sum of nine hundred and threescore pounds eight shillings The Shire of Linlithgow in the sum of seven hundred fourscore nineteen pounds four shillings The Shire of Perth in the sum of two thousand three hundred threescore fourteen pounds sixteen shillings The Shire of Kincardin in the sum of three hundred threescore three pounds twelve shillings The Shire of Aberdeen in the sum of two thousand four hundred and eighteen pounds nineteen shillings The Shire of Bamff in the sum of four hundred fourty seven pounds three shillings The Shire of Innerness in the sum of seven hundred fourscore fourteen pounds eight shillings The Shires of Elgin and Nairn in the sum of five hundred fourscore sixteen pounds four shillings The Shire of Cromarty in the sum of twenty four pounds The Shire of Argyl in the sum of four hundred fourty three pounds sixteen shillings The Shire of Fife and Kinross in the sum of three thousand six hundred and eight pounds eight shillings The Shire of Forfar in the sum of one thousand twenty four pounds four shillings The Town of Dundee in the sum of seven hundred and eighteen pounds four shillings The Shire of Sutherland in the sum of threescore twelve pounds twelve shillings The Shire of Caithness in the sum of one hundred fifty three pounds four shillings The Shire of Orknay and Zetland in the sum of two hundred fourty three pounds sixteen shillings The Shire of Clackmannan in the sum of two hundred and six pounds two shillings And the Shire of Ross in the sum of two hundred and four pounds money foresaid Any thing in the said Act of Parliament to the contrary notwithstanding which is hereby Declared to be of no force or effect as to the proportions of the said Excise after the said first day of November next XXV An humble Tender to His Sacred Majesty of the duty and loyalty of His ancient Kingdom of Scotland FOrasmuch as the Estates of Parliament upon consideration of the great blessings this Kingdom enjoyeth under the protection of His Majesties Authority and the administrations of His Royal Government being thereby not only delivered from their former troubles and all the evils which attend such usurpations but being fully restored to and possest of all the liberties and priviledges of a free people Have by their several addresses to His Sacred Majesty made offer of their lives and fortunes and all that is dearest to them for the advancement of His Royal Honour Authority and Greatness And this