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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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by which the Custom and Bullion imposed upon the Coal should be payed Doth herefore with advice and consent of His Estates of Parliament Statute and Declare That the rates of Custom and Bullion imposed upon the Chalder of Coal is and shall be understood of the Culrosschalder and the saids rate exacted and paid according to that measure allanerly notwithstanding of any former Custom to the contrary XVII ACT anent the Foot-measure THe Estates of Parliament considering that notwithstanding by the ancient Laws of the Kingdom the ell is designed to be thirty seven inches yet many use inches by which the ell is divided into fourty two inches and of those small inches make the Foot-measure of a smaller proportion then it ought to be to the great prejudice of the Lieges and that the occasion of this liberty hath been because that hitherto hath no Standard been appointed for Foot-measures as well as other measures The refore His Majesty with advice and consent of His Estates of Parliament Statutes and Ordains That from and after the first day of June next one thousand six hundred sixty four no Workman nor other person shall make use of any other Foot-measure then such as consists of twelve of these inches whereof the ell contains thirty seven And that this may be the better made practicable to the Lieges Ordains an exact Standard foot to be made by the Magistrates of Edinburgh before the first of January one thousand six hundred and sixty four of Iron or Copper and preserved by the City of Edinburgh for all time coming And that all Burghs shall have a measure made according to it and hung at their Tolbooth doors or upon their Mercat-crosses before the first of March one thousand six hundred and sixty four and any Burgh that shall fall in this shall be lyable to the penalty of one hundred pounds Scots And Ordains That all Wrights Glasiers Masons and all other sorts of publick Work men shall work by this Foot-measure allannerly that the Lieges may not be abused by variety of measures Providing alwayes that this do infer no further priviledge to the Burg of Edinburgh in justing of the Standard to the Shires and Burghs within the Kingdom then the keeping of the same nor to any others that have Standards of the like nature XVIII ACT discharging Munday and Saturday Mercats in Royal Burghs OUr Soveraign Lord considering that there is much occasion given for profanation of the Lords-day in the Royall Burghs by keeping their weekly Mercats on Monday and Saturday and that the same may be as conveniently kept on other dayes of the week Doth therefore with advice and consent of His Estates in Parliament Inhibit and Discharge all the Royal Burghs from keeping any Mercats in time coming upon the Monday or Saturday under the pain of one hundred Merks to be payed by each of the Royal Burghs for every contravention respective And allows them to change and keep their Mercats on other dayes of the week as they have done formerly since the year one thousand six hundred and fourty four and that they make timeous intimation of the change to the next adjacent Burghs It being alwayes Declared that this Act is not to be extended against Fleshers in Royal Burghs who may keep Mercat of Fleshes in their respective Burghs upon these dayes this Act notwithstanding XIX ACT anent Lint-seed Hemp-seed and Steel THe Estates of Parliament taking to consideration the manifold mistakes and differences that do and may arise betwixt the Farmers of excise and Merchants anent the exacting of Excise upon Lint-seed Hemp-seed and Steel which seems to be occasioned because these Commodities are not particularly excepted in the Act of the Annuity from payment of Excise And being certainly informed that the present Farmers of Excise and their Collectors do require and exact duty of Hemp-seed Lint-seed and Steel contrary to the meaning of the said Act of Annuity and of the fourtieth Act of this present Parliament made for encouragement of Manufacturies Therefore our Soveraign Lord with advice and consent of His Estates of Parliament Doth Declare all Hemp-seed Lint-seed and Steel to be included in the generality of the proviso of the said Act of Annuity as also of the said fourtieth Act whereby all materials for Manufacturies are exempted from Excise XX. ACT anent Manses and Glebs and poinding for Ministers Stipends OUr Soveraign Lord considering the great difficulties which often-times the Ministers of the Gospel do meet with in the due payment of their Rents and Stipends So that they are sometimes forced to use legal execution by poinding and in so doing are necessitate to carry the Goods poinded to be apprised at the Mercat-cross of the head Burgh of the Shire Stewartry Bailery or Regality many miles distant from the place where the Goods are poinded to the great prejudice of the party and of the Goods also Therefore His Majesty with advice and consent of the Estates of Parliament Declares That it shall be sufficient to the Ministers foresaid in poinding apprizing and distrenȝying the Goods of the persons deficient in payment of their Rents and Stipend to comprise the saids Goods by honest sworn men upon the ground of the Lands and place where the Goods are which shall be as sufficient as the same were done at the Mercat-crosses And because notwithstanding of divers Acts of Parliament made of before divers Ministers are not yet sufficiently provided with Manses and Glebs and others do not get their Manses free at their entry Therefore our Soveraign Lord with advice foresaid Statutes and Ordains That where competent Manses are not already built the Heretors of the Paroch at the sigh of the Bishop of the Diocess or such Ministers as he shall appoint with two or three of the most knowing and discreet men of the Paroch build competent Manses to their Minister the expences thereof not exceeding one thousand pounds and not being beneath five hundred merks And where competent Manses are already built Ordains the Heretors of the Paroch to relieve the Minister and his Executors of all cost charges and expences for repairing of the foresaid Manses Declaring hereby that the manses being once built and repaired and the building or repairing satisfied and payed by the Heretors in manner foresaid the saids Manses shall thereafter be upholden by the incumbent Ministers during their possession and by the Heretors in time of vacancy out of the readiest of the vacand Stipend In like manner Ordains that every Minister have fewel foggage feal and devots according to the Act of Parliament made in anno one thousand five hundred and ninety three As also that every Minister except such Ministers of Royal Burroughs who have not right to Glebs have grass for one horse and two kine over and above their Gleb to be designed out of Kirk-lands and with relief according to the former Acts of Parliament standing in force And if there be no Kirk-lands lying near the Ministers Manse
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
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