[1662/5/20]*[print] [email] [cite] [preceding] [following]
The estates of parliament, takeing into their consideration the miseries, confusions, bondage and oppressions this kingdome hath groaned under since the yeer 1637, with the causes and occasions thairof, doe, with all humble dewtie and thankfulnes, acknowledge his majesties' unparalleld grace and goodnes in passing by the many miscariages of his subjects and restoreing the church and state to their antient liberties, freedom, rights and possessions, and the great obligations therby lying upon them, to expresse all possible care and zeale in the preservation of his majesties' person (in whose honor and happines consisteth the good and welfair of his people) and in the security and establishment of his royall authority and government, against all such wicked attempts and practises for the tyme to come. And since the rise and progresse of the late troubles did, in a great measure, proceid from some treasonable and sedicious positions infused into the people, that it wes lawfull to subjects, for reformation, to enter into covenants and leagues or to take up armes against the king or those commissionated by him and suchlyke, and that many wilde and rebellious courses wer taken and practised in pursueance thairof by unlawfull meitings and gatherings of the people, by mutinous and tumultuary petitions, by insolent and sedicious protestations against his majesties' royall and just commands, by entering into unlawfull oaths and covenants, by usurpeing the name and power of councill tables and church judicatories after they wer, by his majestie, discharged, by treasonable declarations that his majestie wes not to be admitted to the exercise of his royall power untill he should grant their unjust desires and approve their wicked practises, by rebellious riseing in armes against his majestie and such as had commission from him, and by the great countenance, allowance and encouragement given to these pernicious courses by the multitude of sedicious sermons, lybells and discourses preached, printed and published in defence therof, and considering that as the present aige is not fullie freed of those distempers, so posterity may be apt to relapse therin if timeous remeid be not provided; therfor, the king's majestie and estates of parliament doe declare, that those positions, that it is lawfull to subjects, upon pretence of reformation or other pretence whatsoever, to enter into leagues and covenants, or to tak up armes against the king, or that it is lawfull to subjects, pretending his majesties' authority, to tak up armes against his person or those commissionated by him, or to suspend him from the exercise of his royall government, or to put limitations upon their due obedience and alledgeance, are rebellious and treasonable, and that all these gatherings, convocations, petitions, protestations and erecting and keeping of councill tables, that wer used in the begining and for carieing on of the late troubles, wer unlawfull and sedicious; and particularly that these oaths wherof the one wes commonlie called the Nationall Covenant, (as it wes sworne and explained in the yeer 1638, and therafter), and the other entituled A Solemn League and Covenant, wer and ar in themselffs unlawfull oaths, and wer taken by and imposed upon the subjects of this kingdome against the fundamentall lawes and liberties of the same; and that ther lyeth no obligation upon any of the subjects from the saids oaths or either of them, to endeavour any change or alteration of government, either in church or state; and therfor, annulls all acts and constitutions ecclesiastick or civill approveing the said pretended Nationall Covenant or League and Covenant, or makeing any interpretations of the same or either of them. And also, it is heirby declared, by his majestie and estates of parliament, that the pretendit assembly keept at Glasgow in the yeer 1638 wes in itselff (after the same wes by his majestie discharged under the pain of treason) ane unlawfull and sedicious meiting; and that all acts, deids, sentences, orders or decreits past therin, or be vertew of any pretendit authority from the same, wer in themselffs, from the begining, are now and in all tymecomeing to be reputed unlawfull, voyd and null; and that all ratifications or confirmations of the same past by whatsoever authority or in whatsoever meitings, shall from henceforth be voyd and null. Lykeas, his majestie and estates of parliament, reflecting on the sad consequences of these rebellious courses, and being carefull to prevent the lyk for the future, have therfor statute and ordained and, by these presents, statuts and ordaines, that if any person or persons shall heirafter plot, contrive or intend death or destruction to the king's majestie, or any bodily harme tending to death or destruction, or any restraint upon his royall person, or to deprive, depose or suspend him from the stile, honour and kingly name of the imperiall croun of this realme, or any others his majesties' dominions, or to suspend him from the exercise of his royall government, or to levey war or take up armes against his majestie or any commissionated by him, or shall intise any strangers or others to invade any of his majesties' dominions, and shall by writeing, printing, preacheing or other malicious and advised speakeing expresse or declare such their treasonable intentions, everie such person or persons, being upon sufficient probation legallie convict therof, shall be deemed, declared and adjudged traitors, and shall suffer forfaltour of liffe, honour, lands and goods, as in caces of heigh treason. And farther, it is by his majestie and estates of parliament, declared, statute and enacted that if any persone or persones shall, by writeing, printing, praying, preacheing, libelling, remonstrating or by any malicious and advised speiking, expresse publish or declare any words or sentences to stir up the people to the hatred or dislyk of his majesties' royall prerogative and supremacie in causes ecclesiastick or of the government of the church by archbishops and bishops, as it is now setled by law, or to justifie any of the deeds, actings, practises or things abovementioned and declared against by this present act, that everie such person or persons so offending, and being, as said is, legallie convicted therof, are heirby declared incapable to enjoy or exerce any place or imployment civill, ecclesiasticall, or military, within this church and kingdom, and shall be lyable to such further paines as are due by the law in such caces; provided alwayes that no persone be processed for any of the offences aforsaid contained in this act (other then these that are declared to be heigh treason) wnles it be by order from his majestie, or by order of his privy councill for the tyme; neither shall they incur any of the penalties abovementioned wnles they be pursued within eight moneths after the offence committed, and sentenced therupon within four moneths after the intenting of the processe. And it is also declared that, if his majestie grant his pardon to any person convicted for any of the offences contained in this present act, after such pardon the partie pardoned shall be restored to all intents and purposes as if he had never been pursued nor convicted, any thing in this act to the contrary notwithstanding.
[1662/5/21]*[print] [email] [cite] [preceding] [following]
The king's most excellent majestie, according to the lawdable example of his royall progenitors in former parliaments, doth, with advice and consent of his estates conveened in this present parliament, ratifie and approve all and whatsoever acts and statuts heirtofore made concerning the liberty and freedom of the true church of God, and the religion now professed and established within this kingdom, and considering how necessar it is for the advancement of religion and learning, for the good of the church and peace of the kingdome, that the universities and colledges be provyded and served with professours, principall, regents and masters well affected to his majestie, and the established government in church and state; his majestie, with advice forsaid, doth statute, ordeane and enact that, from this time forth, no masters, principall, regents nor other professors in universities or colledges within this kingdome be admitted nor allowed to continow in the exercise of any function within the same, but such as are of a pious, loyall and peaceable conversation, submitting to and ouning the government of the church by archbishops and bishops now satled by law, and who, haveing given satisfaction therin to the bishops of the respective diocesses and patrons, and haveing in their presence taken the oath of alledgeance, shall procure their attestation of the same: that is to say, the professors and other masters of the universities of St Andrewes, Glasgow and Aberdein, to have the approbation and attestation of the archbishops and bishops, who are the respective chancellors of the saids universities; and the professors and other masters of the newtoun colledge in Aberdein, and colledge of Edinburgh, to have the approbation of the respective patrons, the earl of Marishall, and magistrats of Edinburgh and Aberdein, and ane attestation and certificat, under the hand of the bishops of Edinburgh and Aberdein respective, that they have taken the oath of alledgeance, and that they are persons who submit to and oun the church government as now setled by law. Lykas, his majestie, finding it necessary for the peace and quyet of the church that the ministers be such as will acknowledge and comply with the present government of the same, doth therfor, with advice forsaid, statute and enact that whatsoever minister shall, without a lawfull excuse to be admitted by his ordinary, absent himselff from the visitations of the diocesse, which are to be performed by the bishop or some of the ministers to be appointed by him, or from the diocesian assembly, or who shall not, according to his duety, concur therin or who shall not give their assistance in all the acts of church discipline, as they shall be required therunto by the archbishop or bishop of the diocesse, everie such minister so offending shall for the first fault be suspended from his office and benefice till the next diocesian meiting, and if he amend not shall be deprived, and the church and benefice to be provyded as the law alloweth in other caces of vacancies. And his majestie, considering that under the pretext of religious exercises, diverse unlawfull meitings and conventicles (the nurseries of sedition) have been keept in private families, hath thought fit, with advice forsaid, heirby to declare that, as he doth and will give all due encouragement to the worship of God in families amongst the persons of the familie and others who shall be occasionally ther for the tyme, so he doth heirby discharge all private meitings or conventicles in houses which, under the pretence of or for religious exercises, may tend to the prejudice of the publict worship of God in the churches, or to the alienating the people from their lawfull pastors, and that duetie and obedience they ow to church and state. And it is heirby ordained that none be heirafter permitted to preach in publict or in families within any diocesse, or teach any publict schooll or to be pedagogues to the childrene of persons of qualitie, without the licence of the ordinary of the diocesse.
[1662/5/22]*[print] [email] [cite] [preceding] [following]
The estates of parliament being informed that, notwithstanding that the Lord Fraser, be his majesties' patent under the great seale of the tuentie-nynt day of Junij 1633 yeers, is creat Lord Fraser and appointed to be called so in all tymecomeing, yet some persones doe presume so far to slight and contemne his majesties' patent and royall pleasure therin exprest, as by their discourses and writeings, to give other names and designations then what are contained in the patent, and considering that his majestie is the fountane and spring of all honor within his dominions, and that such doeings are hie neglects and contempts of his majesties' royall prerogative; therfor the estates of parliament doe declare that the Lord Fraser is, according to his patent, to have and enjoy the tytle of Lord Fraser, and discharges all his majesties' subjects that none of them presume in discourses, writings or otherwayes to give him any other title or designations, as they will be ansuerable at thair heist perrell.
[1662/5/23]*[print] [email] [cite] [preceding] [following]
The king's majestie and estates of parliament, haveing considered the petition given in be William Levingstoun of Dunduff, shewing that he being imployed to goe to London to represent the prejudice many of his majesties' subjects of this kingdome suffer by the English pondage on the Scots cattell caried thither, and his paines and travells therin haveing proven succesfull, and the pundage now discharged and taken aff, it wer just he wer releived of these charges and expences bestowed be him therin, and that these who share in the benefite should bear the burden therof; and therfor desyreing that some effectuall course may be tane for his satisfaction. And the consideration of the petition being refered to some who have interest in that parte of the cuntrie, and the parliament, haveing seen their report, his majestie, with advice and consent of his estates of parliament, have appointed that towards the payment of fyve hundreth pund[s] sterline to be employed for the said William Levingstoun, his charges, paines and expences bestowed in this affaire, the sume of eight shilling[s] Scots be imposed and raised upon the head of each beast of Scots breed that shall be transported from Scotland to England, from the first day of August 1662 to the first day of August 1663 yeers, and appoints Johne Irwing, provest of Dumfreis, to be collector thairof, he finding caution for his diligent and honest discharge of his trust in this collection, and for payment of the said sume of fyve hundreth pund[s] sterline to the said William Levingstoun for his charges aforesaid out of the readiest of the said collection if it shall amount to the same, and ordaines letters of horning to be direct upon ane simple charge of sex dayes, at the instance of the said Johne Irwing against the persones lyable for the said imposition, poinding and others, in forme as effeirs.
[1662/5/24]*[print] [email] [cite] [preceding] [following]
The lord commissioner this day produced a letter written and directed to the Lord Duffus of the tent of Junij, bot without any subscription at it, which, being shoune to the Lord Duffus, he declared that he beleived that the same wes written be the Lord Lorne. Whervpon the parliament appointed the archbishops of St Andrewes and Glasgow, the earles of Mar and Linlithgow, the lairds of Cromertie and Colingtoun, the provests of Edinburgh and Glasgow, with the officers of state, to meit presentlie be themselffs, and to advise what is fittest to be done upon the said letter, and accordingly (the parliament being adjurned for ane hour) haveing met dureing that tyme, they returned to the parliament which wes also met agane, and produced the draught of a letter which they conceaved wes fit to be written to his majestie upon the bussines, which, being tuise red in parliament, wes approven and signed by the chancellour in name and in presence of the parliament, whairof the tenor followes:
Most sacred soveran,
Your majesties' commissioner, haveing represented to ws your gracious acceptance of our weak bot faithfull endeavours in your service, and your parliament being, by your royall favour, established in its antient and right constitution, wee have presumed by the allowance of your commissioner to make this humble and thankfull acknowledgement of your royall grace and goodnes to ws and, in a due sence of your princely care of what may concerne the future peace and happines of this your majesties' antient kingdome and all your subjects in it, wee doe humbly returne the offer of our lives and fortunes and all that is dearest to ws in the mantenance of your authority and prerogative royall, and for the preservation of that government in church and state which, by the blessing of Almighty God and your majesties' goodnes, is now established in this kingdome, and now in this harmonie betuixt your majestie and your people. And whilst wee are with all sincerity and faithfulnes about the discharge of our dueties to your majestie, it is no small surprize to ws to find your majesties' affection to your parliament misrepresented and their proceidings misconstrued and traduced to your majestie, to the begetting if it wer possible of a misunderstanding betuixt your majestie and your people; wherof ther be too fresh a testimony befor ws in a letter written be Archibald Campbell, eldest sonne to the late marques of Argyll, and direct to the Lord Duffus, one of your privy councill. Ther is not any thing against which the lawes of your royall progenitors are more positive and frequent, and yet no record will witnesse, that ever any in this persons condition did adventure so far to abuse the proceidings of king and parliament, neither can any thing especially at this time (when ther appeares more dissaffection to your government in Argyll then in any place els) be of more importance to your service and the peace of this kingdome then that which is so universally noticed, may be exemplarly tane course with, and therfor, wee doe, in discharge of our dueties, most humbly entreate your majestie may be pleased that this person who hath so eminently enjured your majestie, your authority and government and this parliament (whose greatest desire on earth is to serve your majestie faithfully) may be left to the due course of law, and that, by your majesties' orders, his persone (being now in England) may be secured and sent home to his tryell, which wee will undertake shall be managed with all that equity and moderation the law allowes. Sir George Mckenzie, one of your privy councill, and who hes been a most faithfull and active promover of your service heer, will more fully informe your majestie and wee are confident of such a returne as will deterre others from attempting the lyk heirafter, and be ane encouragement to all honest men, especially to your parliament in whose name and by whose comand these are signed be
Your majesties' most humble, most faithfull and most obedient subject and servant. Subscribitur, Glencairne, cancellarius.
[1662/5/25]*[print] [email] [cite] [preceding] [following]
Some warrands past for payment of certane sumes out of the first and readiest of the vacant stipends to some suffering ministers etc.
The lord commissioner adjurnes the parliament till this day fortnight, being the eight day of July next.